The Birmingham age-herald., 1913-05-26
CITY ORDINANCES


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granted, by reason of any defect in the
construction of the. road, or for want
of repairs, or for any other or different
reason, obstruct impede or interfere
with the free and convenient use of
such streets, avenues or alleys, by per-
sons on foot or in vehicles. then the
city shall have the right TO cause such
right of way to be put in condition for
the safe, free and convenient use
thereof by persons on foot and in ve-
hicles, at the expense of said grantees,
their successors and assigns, and the
cost thereof may be assessed against
said right of way and tracks, and shall
be and become lien thereon from the
time of the completion of the wcrk
prior to all liens, except for taxes, but
nothing herein contained shall be con-
sidered to impose duty upon the said
city to cause such work to be done,
and work shall not be done BY the city
unless the said grantees. their sue
cessors and assigns, shall, after a rea-
sonable notice to do such work, fail
The said city reserves the right to or
der the removal of any dead or dis
used tracks from the highways, and
successors and assigns, sAal, remove
the same within 60 days and restore
the highway to the satisfaction of the
said city, or the said city may cause
the same to be done at tie cost OF the
said grantees, their successors and as
signs, and may assess tile cost thereof
against the right of way AMI tracks OF
tile said grantees, SUCCESSORS and as
signs, and the same shall be lien
thereon from the time the work is done,
prior to all other liens except the lien
for taxes; and any track shall be con-
sidered dead or disused Whereon the
l'said grantees, or their successors and
! assigns shall not. after time allowed
herein for putting cars in operation for
| covered by this franchise, regularly
operate cars thereover, OH a reasonable
schedule. y
And the city reserves the right to
rescind and annul this franchise as to
such portions of said streets as shall
continue to be occupied by dead or
disused tracks for period of GO days
after notice to said grantees, their sue
cessors or assigns
Sec g. The said grantees. their sue
cessors and assigns, shall construct
under their tracks on said lines on di-
rection of the city of Birmingham.
wherever the same may be needed, and
| If the grantees shall fail to install the
same the said city may cause such cul-
verts or drain pipes to be established
by it's own agents and contractors, at
a reasonable cost, to be charged to the
| said grantees, or their successors or as
signs. and the amount thereof may be
assessed against the right of way and
| tracks embraced by this franchise in
the manner provided for assessing the
cost of street improvements. and such
cost shall thereupon become lien upon
the said right of way and tracks, prior
to all other liens, except for taxes, and
may be enforced as other liens for
street improvements are enforced.
Whenever the said city shall cause
any storm sewer to be constructed
which shall drain any part of the right
tion of the cost of constructing such
storm sewer shall be paid by the
grantees herein, or by their successors
and assigns, and such cost. may be as
gpaSod against tho right and
franchises hereby granted, and the
! tracks to be constructed thereover and
the said cost shall be lien thereon,
when so assessed, prior to all other
| liens. except liens for taxes.
Sec. I. Nothing herein contained
shall be construed to limit such right
hereafter otherwise have, by law or in
the exercise of it's police or taxing
powers, to require grantees. successors
and and assigns to pave, +, drain. drain light re-
| tion of any street or highway.
| Sec. s. The said grantees, success
| sors and assigns, sh&ll forever permit
! the use of the tracks, poles and ap-
pliances of the street railway herein
| authorized to be constructed, by any
other street railway company, upon
cessors and assigns, of just and fair
\ compensation, to which use said gran
| tees, their successors and assigns, shall
consent, but such use by any other
! manner as not to unreasonably inn
pede or obstruct said grantees, or their
| successors and assigns, In the use and
enjoyment of such tracks, poles and
| appliances.
| The compensation herein provided to
! be paid to the grantees or their sue
cessors and assigns. for. the use of their
tracks, poles and appliances, by other
street railway compan MES, shall be as
certained or determined as is now or
may hereafter be, provided by law; and
/ f,, t,t, -
| for the ascertainment and determina-
! ton of the value of such use. then
! the value of such use shall be deter
| mined by the city of Birmingham.
| And the said grantees, their success
sors and assigns shall. whenever so
directed by the city of Birmingham,
give and receive or exchange with any
! other street railway, or nterurban
| railway operating in the city of Bir-
mingham and under like conditions,
giving. receiving or exchanging with
sengers without payment of fare, other
| than. or additional to. the fare herein
| provided for, but subject to such rea-
sonable regulations for transfers as
may be approved by the city of Bir-
mingham. The compensation or the di-
vision of the proceeds received from the
transportation of passengers thus trans
! ferred. and also the grantees liability
arising therefrom, shall be determined
| in the same manner as the .compensa-
| tion and liability referred to in this
SecllOn concerning tne use OF the tracks,
| poles and appliances by other street
| railway companies.
Sec. 2. The said railway herein au-
thorized shall be constructed, operated
and maintained in accordance with this
ordinance and with the general ordi =
nances now in force or which may be
| hereafter enacted to regulate the con :
struction, maintenance and operation CT
street railways in said city.
| The work of construction herein au-
| thorized shall be subject to the super
vision and inspection of the city engi-
said work is done strictly in accord
ance with the terms hereof
Ia Sec. TO- The fare to be charged each
I passenger, without baggage. or special
| service. except hand baggage, for n
single continuous trip. shall not exceed
! city of Brm:n CHAM to any other point
| on such line in said city, or from any
point on such line in said city to any
other point in said city and transfers
shall be issued without extra charge
| for any line or lines of grantees with
| In said limits.
! Sec. II. The city of Birmingham shall
4 have the right to regulate schedules
! and to route cars operated under this
franchise. and wherever practicable,
| cars shall be routed through from one
end of its lines to the other. and when
transfers are made outside of the fire
! limits or in any exposed locality, trans
| fer stations shall be provided TO com
| fortably shelter the passengers while
being transferred. The cars run by
| signs. shall be kept always clean. well
ventilated well lighted and comfort :
ably heated; they shall be provided
| with brakes operated by compressed
J air. electricity or other mechanical
power, also with the best type Of fend :
ars a nd whae1 Guards all sIhiect tn tl,a