The Birmingham age-herald., 1913-07-24
CITY ORDINANCES

SlOnefS Oh the City OF BlfmlnB as
SECTION 1. That the city of Bir-
mingham does hereby consent to the
| transfer by the East Lake Land com
| q Power company of its right and fran
ehise 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
Lake Land company to tie Birming
of the tracks, wires. poles and other
appurtenances devoted by the East
Lake Land company to the exercise Of
and operate the line of street railroad
aforesaid; and that the Birmingham
| Railway Light q Power company, its
successors and assigns, may hereafter
exercise and enjoy all and singular the
rights and privileges with respect to
SAID line of street railroad heretofore
ilsswtully exercised and enjoyed by the
East Lake Land company, subject to
the duties and obligations devoIving on
sald East Lake Land company in and
about the maintenance and operation
of the same, and further subject to and
after stated.
SECTION 2. Be 1t further ordained
py the, Board of Commissioners of the
city or Birmingham that there is here
by granted unto the said Birmingham
| hallway, Light & Power COMPANY its
successors and assigns subject TO and
upon the terms and conditions herefn-
alter aidt, stated the right to construct,
| lhiaihtdlu anu operate for a period Of
.hlrty years single track street rail
road from a connection with the pres
ent track of the Rugby line at the in
tersectlon OF Caldwell avenue with S3rd
S9areet, ana as an extension of said
Rugby line, northwestward1y along S3rd
street TO connection with the present
track or the Birmingham Railway,
Light & Power company on S3rd street.
said last mentioned track being a part
OF the Birmingham Railway, Light e.
Power companys East Lake line: and
iaFh N f,-t. L..
and operate for a period of thirty years
| a single track street railroad from a
eennection GO nee ion With the present track
ham Railway. Light q Power company
at the intersection of S3rd street and
| First avenue, and as an extension Of
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 Halfway, Light d 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
constructed. maintained and operated,
OF the East Lake line hereinbefore
authorized to be constructed, main
tanned 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-
lmingham bearing date the goth day of
september. 1900, as amended by the
contract between the said company and
the City of Birmingham bearing date
| the 9th day of October, 1900, with re-
| spect to the lines of street railroad de-
scrbed in said last mentioned contract.
subject to all and singular the condi-
tions and obligations imposed on said
company by said contract, and except
| as herein otherwise provided and ex-
| cept further, that the fares chargeable
| by the said company or Jus passengers
and the issuance of transfers 20 ana the
| use of transfers by it's passengers on
| said Rugby line and the extension
| thereof hereby authorized to be con-
structed, and also on the extension OF
said East Lake line hereby authorized
| to be constructed, shall be governed by
| the contract between the said company
land the city of Birmingham bearing
date the 25th day of November, 1911,
authorized on the part of the city by
Ordinance M. 53-C(, as fully as II said
Rugby line and said extension thereof
and said extension of it's East Lake
| line were described in said contract as
branches or parts of the Birmtngham
| Railway, Light & Power company's East
| the new five cent fare zone established
| by said last mentioned contract.
| SECTION 4. That the grantee shall,
within four months from the passage
of this Ordinance, submit it's plans and
specifications for the construction of
the extensions Of the lines of street
commissioners of the City of Birming
ham for its approval, alteration OF
accord with approved methods of con-
lstruction of such lines under like con-
Iditions. And said extensions shall be
completed and in operation within one
year after the approval of said plans
land specifications by the said Board
| of Commissioners.
| SECTION 5. Said Rugby line and said
extension shall be constructed. main
tanned and operated in accordance with
this Ordinance. and with the general
Ordinances now in force or any other
lawful or valid Ordinance which may
be hereafter enacted to regulate the
lconstruction, maintenance and opera
| ton OF street railroads in said City
The work Of construction herein
authorized shall be subject to the super
vision and inspection of the City
| Engineer. whose duty 1t shall be to see
that said work is done strictly In ac-
cordance with the terms hereof
| SECTION 8. Nothing herein con-
| tanned shall be construed to limit such
right or power as the City may now
| or would hereafter otherwise have by
Jaw or In the exercise. of its police or
hame Railway, Light 4 Power company,
Its successors and assigns. to pave.
drain, repair or otherwise improve any
portion of any street or highway.
SECTION I. The CITY of Birming-
ham reserves the right to allow other
! tracks, wires and appliances to be con-
lstructed across the said tracks, wires
| and appliances of said Rugby line and
said extension at such points, and In
such manner as said City may direct
And the Birmingham Railway. Light
| * POWER company Its SUCCESSORS and
assigns. shall furnish and maintain
when directed by the City, one cross
arm on each pole in the territory en-
braced In this grant, for the use OF
the CITY for Its fire alarms, telegraph
,,elephone or any municipal electric
| lighting wires for lighting the streets
public places and public buildings and
other municipal purposes; and also to
iufiilsn ana leave vacant for the City's
| use, one duct in every underground
CONDUIT laid In the territory embraced
| In this grant
SECTION s. The rights, privileges
ana franchises herein granted are made
subject to faithful performance by
the said Birmingham Railway. Light
assigns, OF each and all of the condi-
tions herein set forth.
l., SECTION 9. The rights and privi-
leyes hereby granted shall not be
alienated, transferred or assigned. in
whole or in part, without the consent
Birmingham.
THE STATE OF ALABAMA.
= JEFFERSON COUNTY
| THIS AGREEMENT made and enter
ed into by and between the town. Of
and the East Lake Land company,
corporation, its successors and assigns,
| lW1TNESSETH:
THAT. WHEREAS, the East Lake
charter TO construct and operate a
street railroad in the streets of the
town of East Lake with the consent of
the municipal authorities thereof: and