Bisbee daily review., 1907-07-10

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 streets as may be provided by the City Council to the westerly corporate linn its of the City of Bisbee.
 SECTION ?.
 The permission, authority and priv ilege hereby granted is upon the eX- press condition that the cars upon said railway shall be propelled by cleo tricity, except that in the event of a breakdown to machinery or connec- tions, when any power may be used until such time as repairs thereto can be made.
 That the said grantee, it's successors and assigns, when the council may di- rect shall put the space between the tracks and twenty-four CAD inch es on the outside of each of it's 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 the said roads and streets on either side of said roads by the City of Bisbee. and shall keep the same constantly in repair, 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 obstruction and shall also participate in a permanent concrete structure for the subway to the extent necessary to strengthen said subway to carry its cars, over and above such construction as is nee essary for teams and wagons, the eX- tra expense of such strengthening to be estimated by the City Engineer, and paid to the City upon completion of the permanent structure.
 That work on the construction of the railway, within the corporate lim- its of the City, shall commence within three (3( months after the granting of the franchise therefor, and to be prosecuted continuously thereafter, and and shall, except as hereinafter provided. be wholly completed and in operation within four (4) months after the commencement of said work to the intersection of Railroad Avenue 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 neg ligence of the Company.
 And it is further provided that the said Company shall complete a line of electric railway to the corporate boun- daries of the City of Bisbee lip Tomb stone Canyon within nine (9) months after the City shall provide street at least forty (40) feet wide from a point near the old floodgate 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 oi Bisbee with proper retaining walls and culverts sufficient to carry the electric line and travel of the pub lie, then the said Warren Company | shall pay to the City of Bisbee tht sum of nine thousand dollars fs9, ,000.00).
 SECTION 3.
 | The laying of said track and al switches or turnouts shall conform il all cases as near to the natural grad' of said streets as practicable, ani when at any time any part of tn route shall be graded or the grad thereof changed or altered by thu City Council. the bed of the road, ant the tracks thereof shall be made t conform herewith.
 SECTION 4.
 That the City of Bisbee reserves tn light to grade, sewer, pave, macadam ize or otherwise improve, alter or re pair the said road and streets; sucl work to be done so as to interfere a little as possible with the operation and maintenance of said railway an its appurtenances.
 SECTION 5.
 That the franchise shall include tn right to erect and maintain all tro Hey poles. trolley feeders and all othe wires for purposes solely connecte with the operation of said street raj way, such as power, light, heat an telephonic or other signals. Sal franchise shall grant the railway con { pany the right to conect such tram mission and feeder system with tha of any other system of electric powe distribution for the purpose of obtail ing power for the operation of sal