Bisbee daily review., 1907-06-07
ORDINANCE NO.

An ordinance Granting a Franchise
 to the Warren Company to Con.
 struct, Maintain and Operate a
 Street Railway Along and Over
 Certain Streets, Alleys, and Public
 Places in tine City of Bisbee.
 BE IT ORDAINED by the Mayor and the Common Council of the City of Bisbee, as follows:
 Section 1
 That consent, permission and au- thority be and the same is hereby granted unto the Warren Company, hereinafter called the Compan, a corporation, duly organized and exist ing under the laws of the Territory of Arizona and to it's successors or as- signs, to construct, maintain and oper- ate for the period of twenty-five (25) years from and after the date of the granting of this franchise, an electric railway, with all necessary turnouts and switches for the Carriage of pas sengers, packages and parcels along, over and upon the following streets, alleys and public places in the City of Bisbee, Cochise County, Territory of Arizona, to-wit:
 Beginning at the point where the easterly corporate limits of Bisbee intersects the center line of Naco Road. thence along the said Naco Road in a westerly direction to the in- tersection of o. K. Street. thence coz tinuing along said Naco Road or Rail- road Avenue to the intersection of Brewery Avenue, thence along Brew cry Avenue to the intersection Of the Subway, thence along said Subway to the flood gate in Upper Main Street.
 It being the intention of this fran chise that the right of way shall be from the easterly corporate limits of the City of Bisbee over Naco Road, Railroad Avenue and oyer the Sub way or Main Street and up such street as may be provided by the City Council to the westerly corpor- ate limits of the City oE ,Bisbee.
 Section 2.
 The permission, authority and priv. ilege hereby granted is upon the ex. press condition that the cars upon said railway shall be propelled by electricity, except that in the event y nections, when any power may be used until such time as repairs there to can be made.
 That the said grantee, it's sue cessors and assigns, when the coun cil may direct shall put the space be tween the tracks and twenty-four (24) 1 inches on the outside of each of its rails and all the space between the double tracks, turnouts and switches in as good condition as the rest of said roads and streets and may use the same or better material to grade, pave or macadamize the said spaces, than Is used for the same purpose on tne said roads and streets on either sIGt of said rails by the City of Bisbee. and | shall keep the same constantly In re pair, flush with the road, or streets and in such manner that carriages and other vehicles may easily and | freely cross the same at all points and in all directions without obstruc ton and shall also participate in 2 permanent concrete structure for tht i subway to the extent necessary tC strengthen said subway to carry it' cars, over and above such construc ton as Is necessary for teams ana | wagons, the extra expense of sucl ! strengthening to be estimated by tht ! City Engineer. and paid to the CitI upon completion of the permanent | structure.
 That work on the construction O the railway, within the corporate Jim
 it's of the City, shall commence within three (3) months after the grantin; of the franchise therefor, and to b, prosecuted continuously thereafter and shall. except as hereinafter pro vided, be wholly completed and Il operation within four (4) month after the commencement of said worl to the intersection of Railroad Ave
 nue and Brewery Avenue, but the sai Company shall have an extension Q time for the completion of the wori
 embraced herein equal to any delay
 caused by the act or negligence c
 the City, strikes, the act of God, O any delays not caused by the act o
 negligence of the Company.
 And it is further provided that tn said Company shall complete line ( electric railway to the corporal boundaries of the City of Bisbee u Tombstone Canyon within nine e months after the City shall provide street at least forty (40) feet vid frorS a point near the cd flood gai In the City of Bisbee to the corporal limits up Tombstone Canyon, with [ grade exceeding seven @ per cen 7 That whe1 said street is complete i, I fo the western boundaries of the Cii lof Bisbee with proper retaining wal and culverts sufficient to carry II electric lire and travel Of the publi then the said Warren Comrany shs ] pay to the City of Bisbee the sum dine thousand dollars $9.e0o.00 < seeticn 8.
 The ieying of said track and { switches or turnouts shall conform all cases, wfere the grade of any { said streets has been established, 2 said grade. and in all other cases near to the natural grade of SC { streets as practicable. and when x any time any part of the route shi be graded or the grade there ! changed or altered by the City coS