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

ham as 1t existed ia the year 1907.
 The avenue, street or alley lying be- 1 tweeh Twenty-fourth and Twenty-fifth avenues, North Birmingham, from the western boundary line of said former town | of North Birmingham to Twenty street.
 II. Terms and Conditions 1. The said grantee shall before be- ginning any work of construction upon said streets, avenues, alleys or roads, first submit the plans and specifications therefor to the said City Council for their approval, alteration or amendment, If necessary to accord with approved meth ods of construction of such lines under like conditions.
 ?. All tracks shall be constructed and maintained upon grade as established or authorized now or subsequently, by the City Council, and the said grantee, it's successors or assigns shall improve and remprove and maintain the spaces be- tween and under the tracks and the rails of the tracks and for Is inches on each side thereof in such reasonable manner as the said City Council may direct; the same to correspond with the material with which the other parts of the several streets along which the said tracks are laid or shall be improved and maintained.
 3. The said grantee shall lay the tracks in a manner proper for electric operation along said Fifth avenue and through the subway, within the corporate limits of Birmingham as the same existed in the year 1867, and shall install the necessary appliances therefor of such standard pat tern as to permit the use thereof by other similarly equipped modern intercity cleo tric railways
 l. The said City Council shall have the right, privilege and power to use the said track or tracks, power or appliances, over that portion of said Fifth avenue which was included within the corporate limits of the city of Birmingham In the year 1907, or to license the use thereof by any other common carrier, subject to the rights of this grantee and it's as- signs. provided that a reasonable com- pensation shall be ascertained and paid or secured to this grantee for the use thereof, and for the use of it's power and the equipment by which the said power Is supplied, either or both, and for the maintenance and depreciation of track, power and equipment; al lof which shall be determined as hereafter pro- vided
 In the event that the City Council of Birmingham shall desire to use said tracks or appliances, or either, or shall license any other carrier to use the same, proper amount for use, maintenance and depreciation shall be payable to this grantee, it's successors and assigns by each of the users thereof; and it is ex- pressly provided that this grantee. it's successors and assigns, shall not be held to assume liability for any damage or injury arising out of the use of the said track or tracks or appliances by such other users, or any of them, or for de- fects therein or interruption of service, or other result proximately caused by such use by others.
 In the operation of it's lines of railway over and along said avenue this grantee, its successors and assigns, shall have right of way; but the cars of no com pany operating thereon shall unnecessar- fly impede travel along and over said Fifth avenue.
 For the use of the tracks, power and equipment along that part of the line hereinabove referred to, and for dam age, maintenance and depreciation each and every user shall first pay or secure fair and reasonable amount therefor to this grantee it's successors and as- signs, to be fixed and agreed upon by and between such user and said grantee, it's successors and assigns; and in the event that said amount cannot be agreed upon the same shall be fixed by the said City Council of Birmingham at a fair and reasonable sum or sums and secured by reasonable provisions
 O. The work of construction herein au- thorized shall be subject to the super vision and inspection of the city en- gineer whose duty it shall be to see that said work is done strictly in accordance with the terms hereof.
 G. Said City Council of Birmingham shall have the right to reasonably regu- late schedules and the fare to be charged a passenger, without baggage or special service, except hand baggage, for sin gle continuous trip shall not exceed , cents from any point in the present city of Birmingham on the lines hereby au- thorized to any other point on such line in said city within the corporate limits now defined
 T. No freight cars shall be operated on Fifth avenue Gncluding the subway be- tween Smiths park on the west and Twenty eight street on the east, on Un- derWood avenue, East Lake, on Second avenue South Woodlawn, in the former town of Graymont, along Jefferson bonle vard Eighteenth street Ensley, that part of Avenue I lying west of Seventeenth street Ensley. Avenue D Ensley, nor along Twenty-second street Ensley; and the City Council reserves the right to regulate the operation of freight cars on all other streets, avenues and roads here by granted.
 8. The City Council expressly reserves the right to regulate the manner of oper- ating cars through the Terminal station subway, to fix the number of tracks therein, and to impose any reasonable regulation governing the operation through same, such as requirements as to block or safety devices, semaphores. signals, fiagmen, or the speed or Ire ouency of cars; and the grantee, It's sue cessors or assigns shall, during the hours of it's operations through the same, main- tain such reasonable lights as may be re-
 4l,e aail in a1 m fn the lighting required of the Birmingham Terminal company or others.
 a srhis franchise shall not be construed to authorize the operation of a steam railroad nor of passenger coaches or Pullman cars of the type now in use on steam railroads, 1t being intended that the type of passenger equipment shall be that in general use upon lines Of inter- urban electric railways.
 10. The grantee shall light its tracks at such street crossings in the city of Bir- mingham in such reasonable manner and to such reasonable extent as may be di- rected by the City Council, provided that this stipulation shall not be construed to prevent the city from requiring such ,further lighting of such tracks as may be authorized by the police power vested in said city.
 ii. The grantee shall, within 30 days after the execution of the franchise con- tract provided for in section hereinafter. submit plans and specifications for its line of railway from East Lake to Ensley, to the City Council of Birmingham for their approval as provided for in para graph Il, section hereof; and when the same shall have been accepted and ap- proved by the City Council or it's author
 zed agents, the grantee, it's successors or assigns, shall at once pay into the city treasury the sum of thirty thousand