The Birmingham age-herald., 1913-05-19
CITY ORDINANCES

and assigns, that may from time to
| time be proven effcacious in reducing
| the noise and vibration incidental to
! the movement of street railway traffic,
and in providing for the reasonable ef-
| feiencY of the service and safety of
the passengers and of the general pub
! lie.
Sec. 3. The said grantees, successors
and assigns shall light their tracks at
such street crossings in the city of
! Birmingham in such reasonable man
ner and to such reasonable extent as
may be directed by said city, provided
| that this stipulation shall not be con-
strued to prevent the city from re-
quiring further lighting of such track
as may be authorized by the police
| power vested in said city.
| Sec. 4. And the said grantees, or
| their successors or assigns, shall also
upon the approval of their plans sub
mitted as hereinbefore provided for,
/ cient security, In the penal sum of ten
/ thousand s10,000) dollars, that they
will complete the work of construc-
| tion of said line in workmanlike {
manner and promptly restore the road
way along the entire length thereof
to the condition it was in before being
| disturbed by them, the said grantees
or their successors or assigns; and
the said city of Birmingham shall be
judge of said condition. And upon the
application of said grantees, successors
or assigns, the said city shall inspect
said work, or cause the same to be
inspected. and upon said work being
completed as herein required, said city
shall inspect said work or cause the
! same to be inspected. and upon said
work being completed as herein re-
qured said city shall declare said bond
satisfied. The said grantees, or their
Isuccessors and assigns, shall also fur
nish to said city of Birmingham sat
Itsfactory guaranty as TO the character,
durability and maintenance of all re-
stored or constructed pavement along
such streets as at the time of construc-
t1on of the line herein provided for
shall be paved such guaranty to be
| for term or terms of years which may
remain uneXpired of any guaranty on
any pavement which may be, in the
construction of said lines, dug up or
disturbed. and such guaranty shall be
similar In terms to those then out
standing upon the several streets. re-
sspectively Before the said grantees
herein shall be held to have restored
the roadway disturbed by the installa-
| ton of said line, the guaranty here
in provided for shall be given.
Sec 10; on or before the 25th day Of
| revenue over the entire line covered
by this franchise. If the said grantees.
or successors or assigns. shall make
dition, the said city shall have the
right, and does hereby expressly re-
serve the right, to rescind and annul
this grant In toto, without making any
return or proportionate return of the
consideration. paid, or herein provided
to be paid by the said grantees. or
their successors or assigns
| Provided. however, that any delay
caused by adversary injunctions or re-
straning orders without the fault con-
sent or procurement of the said gran
caused by any other interference with
out their fault and beyond their con-
troll. shall extend pro tanto the time
limits fixed by this ordinance.
Sec. l6 The said grantees. their sue
cessors and assigns. shall pay all such
damages as may be awarded against
the city of Birmingham proximate
consequence of the construction, oper-
alton or maintenance of said railway
and appurtenances by the said gran
tees. their successors or assigns, and
shall likewise defend any suit or suits
| which may be brought, whether at law
or in equity, against the said city of
Birmingham, and based on any brea CHI
OF duty by said grantees. their sue
cessors or assigns, or upon any defect
or negligence due to the default Of
such grantees, their successors or as
signs in the ways, works or machinery,
or In construction. maintenance or oper-
alton of said railway or railways upon
due notice thereof and shall pay all
damages and costs that may be awarded
| against the said city, and based upon
such act default negligence of the
said grantees, their successors or as
signs.
Sec. II. The city of Birmingham re-
serves the right to allow other tracks,
| wires and appliances to be constructed
across said tracks, wires and appliances
of the said street railway at such
city may direct
And the grantees. successors and as
signs shall furnish and maintain one
cross arm on each pole for the use of
the city for its fire alarms, telegraph
telephone or any other municipal cleo
trio lighting wires, for lighting the
| streets, public buildings and public
places and other municipal purposes and
also to furnish and leave vacant for
the city's use one duct in every un-
derground conduit laid.
Sec. is. The grantees herein their
successors and assigns, shall establish
and maintain, on all their passenger
cars, separate compartments for the
sengers over its lines of street rail-
way when required to do so by the
said city.
Sec. 19. In all cases of grade separ-
alton or the elimination of grade cross
tngs along, under or across the lines
herein granted the grantees, or their
successors and assigns. shall pay such
proportionate part of the cost thereof
as may be determined by the govern
ing body of said city. not in any case
to exceed one third of the cost thereof.
| Sec. 90 The franchise hereby grant
ed shall not be transferred or as
signed, either in whole or in part. TO
any parallel or competitive nne, di-
| rectly or Indirectly, without the con
sent of the said city of Birmingham.
| either by purchase. consolidation or
| merger, or in any other manner what
SoeVef except IN conformity with the
terms hereinafter provided; and If this
| condition is violated or evaded, the
| city reserves the right on due notice
, to annul the entire franchise Provid :
ed. however, that this section shall
not be construed TO prevent said gran
tees, or their successors and assigns.
| from conveying this franchise to any
| trustee or mortgagee. and to his, their
or its assigns. as security for bonds
| or like evidence of indebtedness justly
| incurred and issued in good faith and
| without any purpose or intent thereby
to evade the condition imposed In this
| section. nor shall this section be con-
| rights of the purchaser or purcha sers
at such foreclosure sale or sales to
have, use and enjoy the rights and priv
| ileges herein and hereby conferred on
said grantees. under like limitations.
and conditions as are herein imposed
on said grantees: and every forecio-
| sure sale proceeding which shall
not be undertaken or consummated for
| the purpose of satisfying such bonds
| or debtedness shall be considered as
within the prohibition against such
| transfer or assignment of the franchise
| hereby granted.
| Sec. 81 1t is expressly understood
| that no provision of this franchise shall
be construed to limit the right and
power of the city of Birmingham rea :
| sonably to classify and tax or license
| the said grantees, their successors and
assigns, within constitutional and leg
| islative limitations.
| Sec. %. The rights privileges and
franchises herein granted are made sub
! ject to faithful performance by the
| said grantees. their successors and as
| signs. of the conditions and of each
| of them herein set forth.
Sec 23. The president of this boa rd