The Birmingham age-herald., 1910-12-08


 The Tidewater Development company's franchise was the question of most stir
 ring interest before the City Council last
 night The council chamber was packed
 with interested persons when President Harry Jones called the meeting to order Mayor Exum's veto was the first order of business after the reading of the min
 utes by City Clerk Shropshire. | When the veto of the franchise ordi- nance had been read, President Jones put the question: Shall the ordinance pass, | the veto of the mayor to the contrary notwithstanding Alderman M. J. Gregg
 made a short explanation of his vote,
 stating that at the proper time he would also introduce another franchise ordi-
 nance "in which the attorneys have at
 tempted to meet and conform to the ob
 iections of the mayor as much as pos sible."
 | The mayors veto was unanimously sus- | tained.
 Provisions. Of New Franchise The new ordinance was later introduced
 and referred to the judiciary. railway
 and street committees. It's provisions are | principally as follows:
 The life of the franchise is 9s years. | Before beginning work the plans and specifications must be approved by the | City Council. | The council shall have the privilege to 1 use the tracks or to license any other | common carrier to use them, granting the Tidewater company a reasonable compen- sation.
 A 5-cent fare is to be charged for sin | gle continuous ride from any point in the city limits to any other point, and the council reserves the right to regulate | both schedules and fares. | No freight cars are to be run on Fifth
 avenue, including the subway, from Smiths park to Twenty-eighth street, nor on Underwood avenue in East Lake, sec ond avenue south in Woodlawn, Jefferson boulevard in Graymont, Eighteenth street | in Ensley, Avenue I Ensley, west of l Seventeenth street on Avenue D and | Twenty-second' street, Ensley. The coun- | cil reserves the right to regulate the op- eration of freight cars on all other streets.
 Can Regulate All Cars | 4 ulate the manner of operating cars
 through the Terminal subway, fixing the
 number of tracks. imposing regulations l for safety appliances, speed, frequency of
 cars and lighting. It shall not be considered an authority
 for the use of steam engines. | The company shall light its tracks | reasonably.
 l The plans and specifications for the
 road from Ensley to East Lake must
 be submitted within 30 days after the l execution of the franchise and when ap- proved the company must at once pay to
 the treasury of the city the sum of sSO,-
 900 in consideration for the grant. Within 60 days after thee approval of | the plans the company must begin ac- | tual work of construction at some point
 on Fifth avenue within the limits of Bir-
 mingham as they were In 1907, provided | the company has executed a bond of
 s25,0O0 to complete the work along the entire length of Fifth avenue. Within 12 months from the beginning of the actual | work of construction cars must be oper- | ated for revenue over at least two-thlrds | of the line between Ensley and East Lake. W1tnln IS months cars must pc operating over the entire south line from Ensley to East Lake. Within two years the whole line within the city limits must | be in operation.
 The franchise cannot be transferred to | any competitive line but it cannot be | construed to prevent the grantee from | conveying the franchise to any trustees or mortgagee as security for bonds is sued In good faith and without any pur- l pose or intent thereby to evade the con dtions imposed by. this section" I Chapter 20 of the city code is suspended,
 so far as it applies to the Tidewater De- velopment company. and the Mayor is authorized to enter into contract with
 the company.
 | Accompanying the franchise was cer- | tified check for 5000, which made the
 petition legal document.
 Matthews Given First Vacation | The council meeting continued until 9:30 Most of the business was transacted in
 the committee reports which were adopt
 cd Building Inspector w E. Matthews was granted vacation of 10 days, the first he has ever received. | Alderman Barnes Morgan introduced
 resolution providing that in future all purchases of more than $50 must be 1 passed on by the finance committee, and
 another providing that persons remov-
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