The Birmingham age-herald., 1912-12-22
PROVISIONS OF FRAN
 CHISE OF TIDEWATER
 POWER COMPANY
(continued From Page Fi.e)

rage E1teD
 .~-~>~>~~-~-~-~~-~~ ~->~~~~-~~~>-~~~~>------ suspend, install, renew, repair, maintain
 an6 to operate and conduct a plant and system for the manufacture, transmits
 sion, distribution or sale of electric cur
 rent, for all purposes whatsoever, in,
 over, under, along upon and across all streets, avenues, alleys, ways and public places and in, over, under, along, upon and across such private or other prop
 erty as to which said Tidewater Power
 company may acquire such right or
 easement in the city of Birmingham, to- 1 gether with the right to construct, erect,
 suspend, install, renew, maintain and op- crate all such poles, wires, conduits, con ldUctors, transforming stations, machin- cry, appliances and appurtenances as may be incidental or reasonably necessary to the manufacture, transformation, trans | mission. storing or distribution of elec-
 tric current energy in every form and
 manner; to be holden unto the said Tide
 water Power company, it's successors and assigns, for and during the full term of l thirty (30) years from and after the adoption of this ordinance, upon the fol- lowing express terms, conditions and | Limitations:
 |
 or referred to shall always be subject to
 the police power reserved to the state
 and municipal or other authority having jurisdiction over same; and this grant
 shall not be construed to grant any spe-
 cial and exclusive grant, franchise, priv 1 ilege or immunity; or to embody any monopolstie feature or any franchise, grant. privilege or immunity which would
 invalidate any part or clause hereof, or which would authorize the revocation, cancellation or recisson of the contract hereby authorized.
 II.
 | ' The rates to be charged in the city or | Birmingham by said Tidewater Power company, It's successors and assigns, for electric current transmitted, in whole or 1 in part, over the public streets, avenues or alleys of the city of Birmingham un- | der this ordinance, shall never exceed l the reasonable maximum rates for the sale of electric current in said city which may, from time to time, be established 1 by the board of commissioners or other municipal corporate authority of said city of Birmingham to adopt valid general | ordinances, from time to time, fixing and establishing reasonable maximum rates for the sale of electric current within said city. But it Is further expressly understood that said Tidewater Power company, it's successors and assigns,
 shall have have the right to enter into private contracts at such less rates or
 at fiat rates or for such time and on such terms as may be agreed on with any
 person, firm or corporation in said city: and may also declare, promulgate, ob- serve and enforce reasonable rules and regulations as a condition to the sale o? distribution by it of electric current to any person, firm or corporation. III
 UTha n1vGiaa1 lnpo fiou popetr1Ipt n and maintenance of said Tidewater Pow
 CT conpany's poles and wires over, un-
 der. along or across the public streets or
 places of said city of Birmingham, shall always remain subject to the police juris- diction of said city.
 " All main wires along the streets, av- enues and alleys in the area described
 as follows shall be laid under ground in conduits when first installed: On the l east bounded by the east side of Twenty second street. on the south by the south
 side of Morris avenue, on the west by the west side of Seventeenth street and on | the north by the north side of Sixth iavenue. But the grantee shall have the right to erect the necessary agencies, supports or fixtures for carrying and sup porting the wires from the conduts to the buildings or place of use.
 ".
 Plans for all construction or install
 lation along the streets, avenues, alleys
 or public places of the city shall be filed
 with and be subject to the approval of
 the corporate authority of the city of
 Birmingham, in reasonable consonance
 with this franchise and with the con tract hereby authorized, and all work on
 the public streets or places shall be sub
 ieot to the reasonable inspection and su-
 pervision of said city and It's authorized
 officers and shall conform to such valid 1 1f,,o ac v n
 be adopted by said city.
 -rt V.
 The actual work of construction upon
 said electric system shall be begun dur ing the year 1912 and at least eight (s)
 miles of supply, service or feed wire
 shall be laid or suspended before Deoem-
 Der 31, 1913, and be ready for the distri- button and sale of current thereover. '' Before beginning the actual work of construction as provided herein. the said Tidewater Power company shall pay said city of Birmingham the sum of one thousand dollars (s1000, and shall enter into bond in the sum of five thousand
 dollars (s500O), with surety to be approved by the president or acting president of the board of commissioners, payable to the city of Birmingham, conditioned upon the construction of so much of said sys- tenn as is required by the terms of this paragraph and upon the restoration of any of the public streets which may be disturbed by the work of installation | It is expressly agreed that failure to begin the work above referred to or to lcomplete same, within the time and sub- | feet to the terms herein provided, shall constitute a breach of said bond and that l the city of Birmingham shall be entitled | to recover the entire amount thereof as liouidated damages: time being of the | essence of this grant.
 | 4f. ,.IA nf nTdinAnCn
 the grantee herein shall forthwith agree to do the work and make the payment and to enter into bond as provided in l this paragraph V.
 l Second. Be it further ordained that lthe right, power and authority is express | ly reserved to the city to charge and to collect and to receive from the grantee therein, it's successors and assigns, all I such privileges, or occupation taxes or | charges, or taxes or charges upon gross 1 receipts, or taxes or charges upon fran chises, as it may now, or hereafter. by
 authority of law be empowered to charge l and receive from persons, associations, | or corporations engaged in like business, l any term or provision of this ordinance, Ito the contrary notwithstanding.
 And whereas, the minutes of the said meeting setting for the adoption of said ordinance have been duly transcribed and
 signed on page 316 to Sl9, of the minutes of said city of Birmingham, to-wit, the 18th day of March, 1912, before the execu- tion and delivery hereof:
 And whereas. said ordinance required that the grantee hereunder, said Tide water Power company shall forthwith agree to do the work and to make the navment and enter into bond as pro-