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

the same shall be fixed by the Board of
Mayor and Aldermen of Birmingham at
a fair and reasonable sum.
SIXTH.
The Tidewater Development company
upon request of said Board of Mayor
and Aldermen of Birmingham must set
the curb back OH Fifth avenue to the
original survey therefor, or any less dis
lance in the discretion of said board; ;
and improve the space left by the re-
mova1 of said curb in a manner salts
factory to said Board of Mayor and AL
dermen with material not more expensive
than the adjoining street improvements,
and also reconstruct In a proper man
ner the sewer inlets and connections, and
all other street improvements affected
| thereby.
SEVENTH.
' Said Board of Mayor and Aldermen of
| birmingham shall have the further right
to regulate schedules and the amount to
be paid for transportation of passengers
along said Fifth avenue within the pres
ent limits of the city of Birmingham,
dncluding the aforesaid subway and ap-
proaches) which said amount shall never
exceed five cents for such transporta-
ton of one passenger within the limits
aforesaid.
EIGHTH.
This franchise contract shall not be
/ construed to authorize the operation of
freight cars along said Fifth avenue, or
said subway; but it is intended to au-
thorlze the operation of electric passenger
cars, trailers, an trains and the usual
business conducted thereon.
NINTH.
Work on some point on the line or
! lines of railway to be constructed by
said Tidewater Development company
shall be begun In good faith within eight
months from the execution of this con-
tract, and cars shall be operated on said
Fifth avenue for revenue within two
years after such work is begun.
TENTH.
Said Board of Mayor and Aldermen
expressly reserves the right within nine
ty days after the beginning of the oper-
alton Of cars on said avenue for revenue,
to require said Tidewater Development
company. it's successors and assigns, to
reimburse the owners of property hereto
fore assessed for bituminous macadam
pavement on that portion of Fifth avenue
where said pavement is now laid, the as
sessed cost for such pavement on the
space occupied by their tracks and be-
tween said tracks and eighteen inches
on each side thereof; the same to be paid
to the said Board of Mayor and Alder
men for distribution among those owning
assessed property at the time such re-
qurement is made.
ELEVENTH.
This franchise contract shall not be
construed to authorize the operation of
steam railroad or Pullman cars or coaches
of the type now in use, nor any of like
kind and character, 1t being intended that
the type of equipment to be operated on
said avenue shall be that in general use
upon lines of interurban electric rail-
ways.
TWELFTH.
The work of construction herein au-
thorlzed and agreed to shall be subject
to the supervision and inspection of the
city engineer whose duty it shall be to
see that said work Is done strictly In ac-
cordance with the terms in this contract.
In testimony whereof, witness the cor
porate name and seal of the Board of
Mayor and Aldermen of Birmingham,
party Of the first part. and OF Tidewater
Development company, party of the sec
ond part, upon this 10th day Of March,
1907.
MAYOR AND ALDERMEN OF BIR-
MINGHAM.
Party of the first part
BY GEO. b. WARD, Mayor.
Attest: J. C. MURRAY. City Clerk.
Interlineations before execution aud de-
livery.
TfDEWATER DEVELOPMENT COM
PANY, Party of the Second part.
BY FORNEY JOHNSTON, Attorney.
Attest: Witness for Johnston.
And, whereas, in the judgment TO this
board the said contract Is In accordance
with all intents and purposes of this
board, and fully protects the interests of
the city in the premises:
Now, therefore, be II ordained by the
Mayor and Aldermen of birmingham that
the said contract be- and the same is
hereby I'm all things confirmed and rati-
fled by this board.
Adopted March 20, 1901
GEO. B. WARD. Mayor.
Attest: J. C. MURRAY. City Clerk
Age-Herald. March %. 1907.
ORDINANCE NO. "a.
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