Bisbee daily review., 1907-05-26

to the Warren Company to con
 struct. Maintain and Operate .
 Street Railway Along and ovel
 Certain streets, Alleys, and Public
 Places in the City of sishee.
 BE IT ORDAINED by the Mayor and the Common Council of the City of Bisbee, as follows:
 Section i
 That consent, permission and au- | thority be and the same is hereby | granted unto the Warren Couspany, hereinafter called the Company. a corporation, duly organized and exist. ing under the laws of the Territory of Arizona and te 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 upoD 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 con tfnuing along said Naco Road CT 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 over 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 of 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 of a breakdown to machinery or con- 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 (24l inches on the outside of each of it's rails and all the space between Ire 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 the said roads and streets on either siue 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 obsrruc- ton and shall also participate in a permanent concrete structure for the subway to the extent necessary to strengthen said subway to carry it's cars. over and above such construc- ton as Is necessary for teams and wagons. the extra expense of such strengthening to be estimated by the upon completion of the permanent structure.
 That work on the construction of the railway, within the corporate linn its of the City, shall commence within three (3) months after the granting of the franchise therefor, and to be prosecuted continuously thereafter, and shall, except as hereinafter pro- yided, be wholly completed and in operation within four C4) months af fpV hn ,F to the intersection of Railroad Ave nue and Brewery Avenue, but the said Company shall have an extension of time for the completion of the work embraced herein equal to any delays caused by the act or negligence of the City, strikes, the act of God, or any delays not caused by the act or negligence of the Company.
 And it is further provided that the said Company shall complete line of electric railway to the corporate boundaries of the City of Bisbee up Tombstone Canyon within nine (9) months after the City shall provide a street at least forty (40) feet wide from a point near the cid flood gate in the City of Bisbee to the corporate limits up Tombstone Canyon, with no grade exceeding seven CD per cent. That when said street is completed to the western boundaries of the City of Bisbee with proper retaining walls and culverts sufficient to carry the electric line and travel of the public, then the said Warren Company shall pay to the City of Bisbee the sum of nine thousand dollars (s9, 9,000.0 .000).
 seetion 3.
 The laying of said track and all switches or turnouts shall conform in all cases, where the grade of any of said streets has been established, to said grade, and in all other cases as near to the natural grade of said streets as practicable. and when at any time any part of the route shall be graded or the grade thereof or altered by the City Coun- ell, the bed of the road. and the tracks thereof shall be made to con form herewith.
 Section 4.
 That the City ot Bisbee reserves the right to grade, sewer, pave, mac adamiZe or otherwise improve, alter or repair the said road and streets; such work to be done so as to inter- l fere as little as possible with the op- eration and maintenance of said rail 1 way and it's appurtenances.
 Section 5.
 That the franchise shall include the 1 right to erect and maintain all trolley poles, feeder poles, trolley feeders and all other wires for purposes sole ly connected with the operauon of said street railway, such as power, light, heat and telephonic or other