The Birmingham age-herald., 1913-07-17
CITY ORDINANCES.

S~S~Ss 4 6r:SIDSSse GTinfinE the
Birmingham Railway, Light N FoMs
Co. An Extension of Its East b baHe
Line and Consenting 10 the Iransaer Sarr
10 IL of the Rugby Line, tnder Oef-
tain Terms and Conditions.
WHEREAS, the East Lake Land com :
pany heretofore, constructed aho ,ias has
of street railroad. known as the husDy
line. beginning at the intersectloh OF
Caldwell avenue with Sord street, stree anu an ..
S3rd street to and along RUGBY avenue
to the southern corporate limits OF the
former town of East Lake. pelng at the
ris avenue, near nth street, t1ofmerly
known as 9th street,, thence in
westerly direction siong rix iKutEpg tsn ave- e :
9th street), and thence along fftn street
formerly known as 9th street,, in a
norhy north known to 'sa an 4th
avenue, north, Cformerly known as
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
street,.
I AND, WHEREAS, the East Lake
Land company constructed that part of
said line which. extends from the inter-
section of Caldwell avenue with S3rd
street southwestwardly along S2r1
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
la rah Of txyh inh ff-ar NJ jcQ
is hereto attached and made part
hereof.
AND. WHEREAS. since the construc-
known as the Rugby line the town of
East Lake has been merged in the City
of birmingham, and the whole of the
street railroad Is now within the cor
porate limits of the City of Birming
ham:
AND. WHEREAS the East Lake
Land company desires to transfer its
right and franchise to maintain and
operate said line of street railroad to
the Birmingham Railway, Light &
Power company, and also to convey to
the said Birmingham Railway, Light &
Power company all 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
Railway, Light & Power company is
willing to accept the transfer and CON
veyance aforesaid
AND, WHEREAS, the Birmingham
railway, Light q Power company fur
ther desires, in the event it acquires the
line OF street railroad aforesaid, togeth-
er with the right to maintain and operate
tne 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
SAID Rugby line at the intersection of
Caldwell avenue with S3rd street
northwestwardly along S3rd street TO
and connecting with the present track
OF the birmingham Railway, Light e.
last mentioned track being a part of
the East Lake line of the Birmlngh CHAM
also to construct, maintain and operate
a line OF street railroad, as an exten-
sion of the East Lake line of the Rir-
mlngham nn Railway, Light & Power
present track at the intersection of
FIRST avenue and S3rd street. along
i, FIRST avenue to the. eastern corporate
NOW. .THEREFoRE, in in 2 considera-
tion or $500 90 this day paid to the City
Rai5waq 81 iS5lrmingham t9b3 by the Birmingham
II ordained by the Board of Commits
sioners of the City of Birmingham, as
follows:
SECTION l. That the city of Bir-
mingham does hereby consent to the
transfer by the East Lake Land COM
pany to the Birmingham Railway, Light
& 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
line, and to the conveyance by the East
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
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.
by the Board of Commits ssioners of the
City of Birmingham that there is here
by granted unto the said Birmingham
Railway, Light & Power company, it's
successors and assigns, subject to and
upon the terms and conditions herein
after stated, the right to construct,
thirty. years a single track street rail-
road from a connection with the pres
ent track of the Rugby line at the in
tersection of Caldwell avenue with S3rd
street and as an extension of said
Rugby line northwestwardly along S3rd
street TO connection with the present
track of the Birmingham Railway,
Light G. Power company on S3rd street,
said last mentioned track being part
of the Birmingham Railway Light &
Power company's East Lake line; and
also the right to construct maintain
and operate for period OF thirty years,
a single track street railroad from a
connection with the present track
Of the East Lake line of the Birming-
ham Railway, Light & Power company
at the intersection of S3rd street and
First avenue. and as an extension OF
said East Lake line, northeastwardly
along First avenue to the eastern cor
porate limits of the City of Birming-
ham
SECTION 3. Be 1t further ordained
by the Board of Commissioners of the
City of Birmingham that there is here
by granted to and conferred upon the
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 herenabove authorized to be
constructed, maintained and operated,
and also with respect to the extension
of the East Lake line hereinbefore
authorized to be constructed, main