The Birmingham age-herald., 1913-07-31
CITY ORDINANCES.

THVPnUE, TUTTH,
4th avenue, north) in an easterly direc-.
tion to the corporate limits of
the said former town of East Lake at
S6th street formerly known as 18th
AND, WHEREAS, the East Lake
Land company constructed that part of
said line which extends from the inter-
section of Caldwell avenue with SSrd
street enthusiastically along S5g1
street to and along Rugby avenue to
the southern corporate limits of the
said former town of East Lake, prior
to the incorporation of the territory
traversed by said part of said line
within the limits of any municipality,
and has since maintained and operated
the same, having the right so to DO
under its charter
AND, WHEREAS, the remainder of
| said line was constructed and has since
been maintained and operated under a
| certain franchise granted to the East
Lake Land company by the town OF
| East Lake on or about the 7th day of
| March, 1905 a copy of which franchise
| is hereto attached and made part
hereof.
| AND. WHEREAS, since the construc-
! tion OF said line of street railroad.
known as the Rugby line, the town of
of Birmingham. and the whole of the
| territory traversed by said line of said
street railroad is now within the cor
lporate limits of the City of Birming-
ham:
AND. WHEREAS. the East Lake
| Land company desires to transfer its
Ii6il ana ITanCn1Se TO mdlnId1n anu
operate said line of street railroad to
| the Birmingham Railway, Light &
| Power company, and also to convey 10
the said Birmingham Railway, Light &
Power company all the tracks, wires,
lpoles and other appurtenances devoted
| by the East Lake Land company to the
maintain and operate the line of street
railroad aforesaid: and the Birmingham
Railway, Light & Power company is
willing to accept the transfer and con-
Veyance afOreSaid
AND, WHEREAS, the Birmingham
Railway, Light & Power company fur
line of street railroad aforesaid. togeth-
| er with the right to maintain and operate
the same, to construct, maintain and
operate line of street railroad, as an
extension of said Rugby line, from a
connection with the present track of
sald Rugby line at the intersection of
northwestwardly along S3rd street to
and connecting with the present track
OF the Birmingham Railway, Light &
Power company on 83rd street (said
J last mentioned track being a part of
! the East Lake line of the Birmingham
Railway, Light & Power company and
also to construct, maintain and operate
a line of street railroad, as an extern
| sion of the East Lake line of the Bir-
mingham hallway, Light & Power
track arHm at tbs With its
First avenue and 83rd street, along
First avenue to the eastern corporate
limits of the City of Birmingham:
| NOW, THEREFORE,, In considera-
tion of $4,000 this day paid to the City
| of Birmingham by the Birmingham
/ Railway, Light & Power, company. be
lit ordained by the Board of Commits :
sioners of the City of Birmingham, as
SECTION 1. That the city of Bir-
mingham does hereby consent to the
transfer by the East Lake Land com
| pany to the Birmingham Railway, Light
| u Power company of Its right and fran
| chise to construct, maintain and operate
the line of street railroad hereinabove
described and known as the Rugby
lline, and to the conveyance by the East
Lake Land company to the Birming
hame Railway, Light & Power company
| of the tracks, wires. poles and other
appurtenances devoted by the East
| Lake Land company to the exercise of
its. right and franchise to maintain
and operate the line of street railroad
aforesaid and that the Birmingham
Railway, Light & Power company, It's
successors and assigns, may hereafter
exercise and enjoy all and singular the
rights. and privileges with respect to
said line of street railroad heretofore
lawfully exercised and enjoyed by the
East Lake Land company subject to
the duties and obligations devolving on
said East Lake Land company in and
about the maintenance and operation
of the same, and further subject to and
upon the terms and conditions herein
after stated.
SECTION 2. Be 1t further ordained
| by the Board of Commissioners of the
City of Birmingham that there is here
| by granted unto the said Birmingham
Railway, Light & Power company. its
successors and assigns, subject to and
upon the terms and conditions herein
after stated, the right to construct
maintain and operate for a period OF
thirty years single track street rail-
road from a connection with the pres
tersection of Caldwell avenue with SSrd
| street, and as an extension of said
Rugby line, northwestwardly along 83rd
street TO CONNECTION with the present
Light x Power company on S3rd street
said last mentioned track being a part
of the birmingham Railway, Light &
Power companys East Lake line; and
also the right to construct. maintain
and operate for a period OF thirty years.
a single track street railroad from a
OF of the the East Lake line OF the Birming
ham Railway, Light & Power company
at the intersection of S3rd street and
| said East Lake line, ENTHUSIASTICALLY
lalong First avenue to the eastern cor
porate limits of the City of Birming-
SECTION 3. Be it further ordained
| by the Board of Commissioners of the
City of Birmingham that there is here
Birmingham Railway, Light & Power
company with respect to the street
railroad heretofore owned by the East
Lake Land company, known as the
Rugby line. and hereinbefore described.
and also with respect to the extension
thereof hereinabove authorized to be
con structed maintained and operated
and also with respect to the extension
of the East Lake line hereinbefore
authorized to be constructed, main
tained and operated, all and singular
the rights and privileges conferred on
said company by the contract between
the said company and the City of Bir-
mingham bearing date the goth day of
September, 1900, as amended by the
/ contract between the said company and
the City of Birmingham bearing date
spect to the lines of street railroad de-
scribed in said last mentioned contract
sub1ect to all and singular the condi-
| tions and obligations imposed on said
las herein otherwise provided and ex-
| cept further, that the fares chargeable
lby the said company of its passengers
and the issuance of transfers to and the
said Rugby line and the extension
Thereof hereby authorized to be con-
structed, and also on the extension OF
said Fast Lake line hereby authorized
1.-The contract between the said company
land the City of Birmingham bearing
4 date the 25th day of November, 1911
lauthorized on the part of the City by
Rugby line and said extension thereof
and said extension of It's East Lake
lime were described in said contract as
branches or parts of the Birmingham
Lake line, and as lying wholly within
lthe new five cent fare zone established
by said last mentioned contract.
| SECTION 4. That the grantee shall
of this Ordinance. submit its plans and
lspecifications for the construction OF
tthe extensions Of the lines of street
railroad aforesaid, to the Board Of