Bisbee daily review., 1907-06-08
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 the City Of Bisbee.
 BE IT ORDAINED by the Mayor and the Common Council of the City ot 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 Company. a corporation, duly organized and exist ing under the laws of the Territory of Arizona and to its successors or as signs, to construct, maintain and oper ate for the period of twenty-five (25l 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 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 a-Fr 4 A, Il, Gg-- Subway, thence along said Subway Lo the Hood gate ia 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 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 breakdown to machinery or con
 
 used until such time as repairs there to can be made.
 That the said grantee, its sue cessors and assigns, when the coun- cil may direct shall put the space be- tween the tracks and twenty-foIr (24) inches on the outside of each of its rails and all the space between the double tracks, turnouts and switches in ud fha krfc roads and streets and may use the same or better rraterinl 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 B:sbee. and shall keep the same constantly fn 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- tion and shall also participate in a permanent concrete structure for the i subway to the extent necessary to strengthen said subway to carry It's cars, over and above tuch construe- l ton as Is necessary for teams and wagons, the extra 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 i the railway, within the corporate linn It's 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 vided, be wholly completed and in operation within four t4) months after the commencement of said work to the intersection of Railroad Ave nue and Brewery Avenue, but the said Company shall have an extension oi time for the completion of the worf; 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 oI negligence of the Company.
 And 1t is further provided that the said Company shall complete a Ene oi electric railway to the corporats boundaries of the City of Bisbee uJ Tombstone Canyon within nine (9l months after the City shall provide { street at least forty (40) feet wide Ifrom a point near the cid flood gats in the City of Bisbee to the corporate limits up Tombstone Canyon. with nt
 grade exceeding seven CD per cent
 That when 7aid street is completet to the western boundafies of the Git,
 of Bisbee with proper retaining wall and culverts sufficient to carry tn electric Hpe ar.d travel Of the pubiiC then the said warren Company shal pay to the City of Bisbee the sum Q iine thousand dollars (s9, 6.o00l. fr Seetir1 &
 Tfe la-ing of said track and al switches or turnouts shall conform i all cases, vi ere the grade of any C said streets has been established, said grade and in all other cases a near to the natural grade of sat streets as practicable, and when 6 any time any part, of the route sha be graded or the grade therec changed or altered by the City Coui