Bisbee daily review., 1907-05-09


 to the Warren Company to Con struct, Maintain and Operate 1; Street Railway Along and Owe Certain Streets, Alleys, and Publis Places in the City of Bisbee. BE IT ORDAINED by the Mayor and the Common Council of the City Of Bisbee, as follows:
 Section
 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 (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 con. tlnuing 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 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 lIege 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 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- Gil may direct shall put the space be- tween the tracks and twenty-four (2D 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 better material to grade. pave or maFddamiZe 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 obstruc- 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 ana 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 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 shall, except as hereinafter pro Vided, be wholly completed and in operation within four (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 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 a 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 point near the old flood gate in the City of Bisbee to the corporate limits up Tombstone Canyon, with no sTade exceeding seven (7) per cent. That when said street is completed to the western boundaries of the City of Bisbee with proper retaining walls and cnlveTts 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 .O0O 00o).
 section 3.
 Fhe laying of said track ana all switches or turpoutS 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 sS practicable, and when at any time any part of the route shall be graded or the grade thereof changed or altered by the City Coun- cil, the bed of the road, and the tracks thereof shall be made to con form theFewith.
 Section 4.
 That the City of Risbee reserves the right to grade, sewer, pave, mac sdamize or otherwise improve, alter or repefF the said TOad and streets; such work to be done so as to inter- fere as little as possible with the op- erstion and maintenance of said rail way and it's appuPtenances.
 Section s.
 That the franchise shall include the fight to erect and maintain all trolley toles, feeder poles. trolley feeders and all other wires for purposes sole y connected with the operac.on of said street railway, such as power,