The Birmingham age-herald., 1913-06-02
CITY ORDINANCES

CIIX ORDlNANCES
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the said right of way and tracks, prior
to all other liens, except for taxes, and
may be enforced as other liens fol
street improvements are enforced
| Whenever the said city shall cause
any storm sewer to be constructed
which shall drain any part of the right
of way hereby granted, a fair proper
ton 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
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. Z. Nothing herein contained
shall be construed to limit such right
or power as the city may now or would
hereafter otherwise have, by law or in
powers, to require grantees. SUCCESSORS
and assigns, to pave, drain light, re-
pair, or otherwise improve any por-
tion of any street or highway.
Sec. s. The said grantees, success
| sors and assigns, shall 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
| payment to said grantees, their sue
| cessors and assigns, of just and fair
| tees, their successors and assigns, shall
consent, but such use by any other
company shall be exercised in such
| manner as not to unreasonably i'm
pede 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
IGt "a nj los In ba
| certained or determined as is now, or
may hereafter be, provided by law; and
in event there Is no statute providing g
for the ascerta inment and determina-
tion 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 interurban II
| railway operating in the city of Bir-
mingham and under like conditions,
giving, receiving or exchanging with
| the grantees herein, transfers for pas
sengers without payment of fare, other
| than additional to, the fare herein
provided for, but subject to such rea-
i sonable regulations for transfers as
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
| section concerning the use of the tracks,
poles and appliances by other street
| railway companies.
Sec. 9. 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-
neer. whose duty it shall be to see that
| said work Is done strictly in accord
| ance with the terms hereof
| Sec. 10. The fare to be charged each
passenger, without baggage. or special
service. except hand baggage. for Il
single continuous trip, shall not exceed
| city of Birmingham 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.
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 it's 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
being transferred. The cars run by
the grantees, their successors and as
signs, shall be kept always clean, well
ventilated well lighted and comfort
ably heated; they shall be provided
with brakes operated by compressed
air, electricity or other mechanical
| power, also with the best type of fend-
ers and wheel guards all subject to the
| approval of the city engineer. The
city reserves the right to exercise con-
| .f tIA ff.... ..f
| said lines by ordinance, so as to Sc
cure thereon adequate and efficient
service and the comfort and safety of
| the passengers and of the street traf-
| flc.
| Sec. 12. The city reserves the right
! to require any reasonable changes in
the property of the grantees, successors
and assigns, that may from time to
! time be proven efficacious in reducin z
i the noise and vibration incidental to
| the movement of street railway traffic,
and in providing for the reasonable ef-
! ficiency of the service and safety of
| the passengers and of the general pub
/ lie.
Sec. 10. 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. II. And the said grantees, 1r
| their successors or assigns. shall also.
| upon the approval of their plans sub
| mitted as hereinbefore provided for,
enter into bond with good and suffi-
cient security, in the penal sum of ten
thousand $10,000) dollars, that they
Will complete the work of construc-
tion of said line in workmanike
| manner and promptly restore the road
way along the entire length thereof
| to the condition 1t 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