The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-11-20
BIRMINGHAM FRANCHISE

its Successors and assigns, be and the
same are hereby given and granted the
perpetual right and franchise to build
equip, maintain and operate a single or
double track line of railway to be
operated by electricity into and through
the city of Birmingham over, along
and upon It's streets, avenues, alleys
and roads hereinbelow set out and upon
the specific terms herein stated, as
follows:
!. Fifth avenue through its entire
extent from the eastermost to the
westermost corporate limits of said
city of Birmingham, as they existed
in March of 1907 insofar as the same
was dedicated to the public use at that
time, including the proposed subway
under the Birmingham Terminal pas
senger station and the approach es
thereto.
G) In consideration whereof the
said grantee undertakes and agrees TO
construct said line or lines of rail-
way in strict accordance with the man
ner and mode and ubject to the regu-
lations hereinafter provided for In THIS
subdivision.
And further agrees that before be-
ginning the work of construction upon
said Fifth avenue, the said grantee, Its
in the treasury. of said city of Biz
mingham the sum of twenty thousand
(s2000O) dollars in cash, or a certi-
fed check for this amount, made pay
able to the said City Council or BIZ
mingham as a guarantee that saiu
grantee, it's successors or assigns VIII
complete the work of construction
along said avenue and restore prompt
ly the improvements on said f1fth
avenue to such conditions as before
being disturbed by said grantee, the
said City Council of Birmingham TO
be the Judge of said condition, ana
shall also furnish to the said city
Council satisfactory guarantee as TO
tho character and durability and main
tenance of all restored or constructed
pavement for the term of ~ years,
similar in terms to the one now out
standing.
(2.) The said grantee shall, before
beginning the work OF construction
upon said avenue, first submit Its plans
and specifications therefor4to the said
CITY Council for their approval, alter
alton or amendment, to accord with
approved methods Of construction OF
such lines under like conditions.
go All tracks shall be constructed
upon grade as established by the said
city Council and the said grantee, It's
successors and assigns, shall improve
and reimprove and maintain the spaces
between and under the tracks and the
rails of the tracks and for IL inches
on each side thereof in such manner
as the said City Council may direct
the same to correspond with the man
ner in which the 9th er parts of the said
Fifth avenue along which the said
tracks are laid are or shall be I'M
proved and maintained.
(4) The said grantee shall lay the
tracks in manner proper for the op-
peration of electric cars along SAID
Fifth avenue and install the necessary
appliances therefor; of such standard
nattern as to permit the use there
of by other similar modern equipped
lines; and upon the construction there
of the title and property to said tracks
and appliances, upon and along SAID
Fifth avenue insofar as said avenue
was dedicated to the public use In
March of 1907 Oncluding the said pro-
posed subway and approaches above
referred to) shall Immediately vest In
the City Council of Birmingham, Tree
from all liens and membranes. upo
the following express terms and con-
ditions:
(a) said grantee, its successors and as
signs, shall have the perpetual right ana
franchise to use, maintain, preserve ana
rerlace the said tracks and appliances, in
and~ about the operation of its lines OF
railway, without paying any charge, rent
or toll therefor.
ID, The said City Council shall have the
right, privilege and power to use the said
track or tracks, power and appliances
either or all within the limits of afore-
said. or to grant the use thereof to any
other persons or corporation upon SUCH
terms as 1t may see fit to impose, pro-
yided that the compensation to be paid TO
the grantee for the use of its power ana
the equipment by which the said power is
supplied, either or both, and for the main
tenace and depreciation. be first deter
mined as hereafter provided.
(c) Said grantee, its successors and as
s;gns shall maintain the said tracks and
annliances in a manner satisfactory to
the said City Council, at its own ex-
nense and shall hold the said City Coun-
ell of Birmingham harmless from any
an all liability arising out of any defect
In he condition thereof and for any and
all Inability arising out OF the operation
of oars thereon by said grantee, its sue
cessors and assigns; provided. however,
that In the event that said City Council
f of Birmingham shall use said tracks or
appliances, or either, or shall grant the
use thereof to any Others person or cor
poration, a proper amount for mainten-
ance and depreciation shall be payable to
the said grantee, its successors ana as
signs, by each of the users thereof; and
provided further that said grantee, Its
SUCCESSORS and assigns, shall not be held
to assume liability for any damage or in
fury arising out of the use of the said
track or tracks, or appliances, by such
other users, or any of them.
Id In the operation of it's lines of raik
way over and along said avenue the said
grantee shall have right-of-way but tho
cars of no company operating thereon
shall unnecessarily 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 hereinabove referred to in
subsection (c), each and every user shall
first pay fair and reasonable amount
therefor to said grantee, its successors and
assigns, to be fixed and agreed upon by
and between said users and said grantee,
its Nsuccessors and assigns and in the
event that said amount shall not be
agreed upon the same shall be fixed by
the said City Council of Birmingham,
At fair and reasonable sum.
s. The grantee. upon request of said
City Council of Birmingham, must set
the curb back on said Fifth avenue to
the original survey therefor, or any less
distance in the discretion of the said City
Council; and improve the space left by
the removal OF said curb, in a manner
satisfactory to said City Council with
material not more expensive than the adj
Joining street improvements, and also re-
construct in proper manner the sewer
inlets and connections, and all other
street improvements affected thereby.