The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-23

Depot now under construction and the
approaches thereto-subject, however, to
the terms and conditions hereinafter set
out.
SECOND.
In consideration wherefore the said
1idewater Development Company under
takes and agrees to construct said line
or lines of railway in strict accordance
with the manner and mode and subject
to the regulations hereinafter provided
for
And further agrees that before begin
ming the work of construction upon said
Fifth avenue, the said Tidewater Devel-
opment company, its successors and as
signs, shall deposit in the treasury of
said city of Birmingham the sum of
twenty thousand $4,000 dollars In cash,
or a certified check for this amount,
made payable to the said Mayor and
Aldermen of Birmingham as guaran-
tee that said Tidewater Development
company its successors or assigns, will
complete the work of construction along
said avenue and restore promptly the
Improvements on said Fifth avenue to
such condition as before being disturbed
by said Tidewater Development company,
the said Board of Mayor and Aldermen
to be the judges of said condition, and
shall also furnish to the said Board of
Mayor and Aldermen satisfactory guar
antee as to the character and durability
and maintenance of all restored or con-
structed pavement for the term of ten
years, similar In terms to the one now
outstanding.
THIRD.
The said grantee shall, before beginning
the work Of construction upon said ave-
first cttl1t 70 ,aIa o,,I
tions therefor to. the Board OF Mayor and
Aldermen for their approval, alteration
or amendment, to accord with approved
methods of construction of such lines
under like conditions.
FOURTH.
All tracks shall be constructed upon
grade as established by the said Board
of Mayor and Aldermen, and the said
Tidewater Development company, its
successors and assigns, shall improve
and re-improve and maintain the spaces
between and under the tracks, and the
rails of the tracks, and for eighteen
inches on each side thereof In such man
ner as the Board of Mayor and Alder
men may direct-the same to correspond
with the manner In which the other parts
of the said Fifth avenue along which the
said tracks are laid are or shall be i'm
proved and maintained.
FIFTH.
The party of the second part shall lay
the tracks In a manner proper for the
operation of electric cars along said Fifth
avenue and install the necessary appll-
ances therefore, of such standard pat
tern as to permit the use thereof by other
similar modern equipped lines: and upon
the construction thereof the title and
property to said tracks and appliances,
upon and along said Fifth avenue, in
so far as said avenue is now dedicated
to the public use, Including the said
proposed subway and approaches above
referred to) shall Immediately vest in
the Board of Mayor and Aldermen of
Birmingham, free from all liens and in
cumbrances. upon the following express
terms and conditions:
ca Eaid Tidewater Development conf
pany, its successors and assigns, shall
have the perpetual right and franchise
to use maintain, preserve and replace
the said tracks and appliances, in and
about the operation of Its lines of rail-
way witt out paying any charge. rent or
toll therei ,r.
(b) The said Board of Mayor and Alder
men shall have the right, privilege and
power to use the said track or tracks,
power and appliances, either or all, with
in the limits aforesaid, or to grant the
use IneTtOl 10 any Other person Ut cor
poration upon such terms as It may see
fit to impose, provided that the compen-
sation to be paid to the Tidewater De-
velopment company for the use Of it's
power and the equipment by which tho
said power is supplied, either or both.
and for maintenance and depreciation, be
first determined as hereafter provided.
(c) Said Tidewater Development COM
pany, its successors and assigns. shall
maintain the said tracks and appliances
in manner satisfactory to the Board
of Mayor and Aldermen, at it's own ex-
pense and shall hold the said Board of
Mayor and Aldermen of Birmingham,
harmless from any and all liability aris-
ing out of any defect In the condition
thereof and for any and all liability aris-
ing out of the operation of cars thereon
by said Tidewater Development Company,
It's successors and assigns: provided,
however, that in the event that said
Board of Mayor and Aldermen Of Bir-
mingham shall use said tracks or ap-
planes, or either or shall grant the
use thereof to any other person or cor
poration, proper amount for mainten-
ance and depreciation shall be payable
to the said Tidewater Development COM
bany, its successors and assigns, by each
of the users thereof; and provided fur
Their that said Tidewater Development
company. its successors and assigns, shall
not be held to assume liability for any
damage or injury arising out of the use
of said track or tracks. or appliances,
by such other users, or any of them.
Id In the operation of its lines of rail-
way over and along said avenue. the said
Tidewater Development company shall
have right-of-way; but the cars of no
company operating thereon shall unnec-
essarily impede travel along and over
said Fifth avenue.
(e) For the use Of the power and the
equipment, supplying the same, either or
both OF them. hereinabove referred to
in subsection OBJ and for maintenance
and depreciation herenabove referred to
in subsection (c), each and every user
shall first pay a fair and reasona BILE
amount therefor to said Tidewater De-
velopment company. its successors and
assigns, to be fixed and agreed upon by
and between said users and said Tide
water Development company, Its success
sors and assigns and In the event that
said amount shall not be agreed upon