Bisbee daily review., 1907-05-15
ORDINANCE NO.


 An Ordinance Granting a Franehis 10 the Warren Company to coi
 strucs, Maintain and Operate
 Street Railway Along and owe
 Certain streets, Aileys, and pubii Places h the City cf aishee.
 BE IT ORDAINED by the Mayo and the Common Council of the Cit of Blsbee, as follows
 Section i
 That consent, permission and au |, thority be and the same Is hereb granted unto. the Warren Company hereinafter called the Company. { corporation. duly organized and exist ing under the laws of the Territory O Arizona and to its successors or as signs. to construct, maintain and oper ate for the period of twenty-five (25 years from and after the date of tn, granting of this franchise, an electri, railway, with all necessary turnouti and switches for the carriage of pas sengers. packages and parcels along over and upon the following streets alleys and public places in the Cit, of Bisbee, Cochise County, Territor, OA ATllOna, O-NtI:
 Beginning at the point where tho 1 easterly corporate limits of BIsbet intersects the center line Of NacC Road. thence along the said Nacs Road in westerly direction to the in terseetion of 0. K. Street, thence con tinuing along said Naco Road or Rail 1 road Avenue to the intersection ot Brewery Avenue, thence along Brew cry Avenue to the intersection of thG Subway. thence along said Subway to the flood gate in Upper MaiI Street.
 It being the intention of this fran chise that the right of way shall bt from the easterly corporate limits oi the City of Bisbee over Naco Road Railroad Avenue and over the Sub way or Main Street and up suct 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 Dy electricity, except that in the event of breakdown to machinery or con nections, when any power may b. used until such time as repairs there to can be made.
 That the said grantee. It's sue. cessors and assigns, when the coun ell may direct shall put the space be tween the tracks and twenty-four (24) inches 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 betfe- r"ata-i"I to grade pave or macadamiZe the said spaces. than is used for the same purpose on Iiis said roads and streets on either sue of said rails by the City of Bisbee, and shall keep the same constantly fin 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 subway to the extent necessary to strengthen said subway to carry its cars, over and above such eonstruc tion as is necessary for teams and wagons. the extra expense of such strengthening to be estimated by the City Engineer. and paid to the Clty upon completion of the permanent structure.
 That work on the construction oi 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 De prosecuted continuously thereafter and shall, except as hereinafter prO yided. be wholly completed and in operation within fCuT (4) 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 Ol time for the completion of the work embraced herein equal to any delays caused by the act or negligence Oi the City, strikes, the act of God. oI any delays not caused by the act or negligence of the Company.
 And it is further provided that the said Company shall coInulCtc a line ol electric railway to the corporate boundaries of the City of Bisbee uE Tombstone Canyon within nine (9l months after the City shall provide 6 street at least forty (40l feet wide from a point near the old flood gate in the City of Bisbec to the corporate limits up Tombstone Canyon, with nc grade exceeding seven @ per cent That when said street is completed to the western boundaries of the City of Bisbee with proper retaining wall; and culverts sufficient to carry the electric line and travel of the public then the said Warren Company shal pay to the City of Bisbee the sum O nine thousand dollars (S9,000.00O). sectic1 3.
 The laying of said track and al i switches or turnouts shall conform il all cases. where the grade of any 0 | said streets has been established, tt said grade. and in all other cases a near to the natural grade of sai, streets as practicable, and when 9 any time any part of the route shal i be graded or the grade thereo changed or altered by the City Coun | ell. the bed of the road, and tn tracks thereof shall be made to con form herewith.
 section 1.
 i That the City of Bisbee reserve 1 the right to grade. sewer, pave, mac | adanize or otherwise improve. alte or repair the said road and streets ! such work to be done so as to inter ] fere as little as possible with the or l eration and maintenance of said Tai way and its appurtenances.
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