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


shall inspect said work or cause the
| same TO be inspected, and upon said
work being completed as herein re-
qnlred SAID city shall declare said bond
| Satlshed. The said grantees, or their
successors and assigns, shall also fur
nlSh to said city of Birmingham sat
! hli lhsIact9ry guaranty as to the character.
durability and maintenance of ali re-
stored or constructed pavement along
such streets as at the time of eonstrnc-
uon OF the line herein provided for
saaii sna be, be paved, such guaranty to be
Iof a term or terms of years which may
remain uneNpred 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-
herein shall be held to have restored
tne roadway disturbed by the installa
~ nron ,ro'l., ot 5ald line. the guaranty here
Sec. 10. on or before the 25th day of
June, 1914, cars must be operated for
revenue over the entire line covered !
by TINS franchise. If the said grantees.
or successors or assigns. shall make
Default in compliance with this con-
dltioni the said city shall have the
right, and does hereby expressly re-
serve the right, to rescind and annul
TINS grant III 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-
stralnlng orders without the fault, con-
sent or procurement of the said grain
tees. or their SUCCESSORS or assigns. or
caused by any other Interference with
out their fault and beyond their con
troll shall extend pro tanto the timo
limits hNed by this ordinance.
see lG The said grantees, their suc-
cessors aud assigns, shall pay all suplts
damages as may be awarded against
the city of Birmingham as a proXimate
consequence of the construction, oper-
alton or maintenance of said railway
and appurtenances by the said gran
tees. their successors or assigns, and
, shalI 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 breach
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-
atlon 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 or negligence of the
signs
Sec. Il. The city Of Birmingham re-
serves the right to allow other tracks.
wires and appliances to be constructed
across said tracks. wires and appliances
or the said street railway at such
points and in such manner as said
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
tric lighting. wires. for lighting the
streets. public buildings and public
places and other municipal purposes and
also also to furnish and leave vacant for
ia the elty,s use one duct in every un-
foreground conduit laid
sec. Is. The grantees 1erein tbafr
successors and assigns shall establish
and maintain. on all their passenger
conveyance of white and colored pas
sengers over its lines of street rail
way when required to do so by the
Sec. 10. In all cases of grade separ-
alton or the elimination of grade cross
ings 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. 20. The franchise hereby grant
ed shall not be transferred or as
any parallel or competitive hne, d.
rectly or indirectly, without the con
sent of the said city of Birmingham.
either by purchase, consolidation or
soeVef except In conformity with the
terms hereinafter provided; and IL 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-
strued so as to limit or impair the
rights of the purchaser or purchasers
at such foreclosure sale or sales 10
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 foreclo-
sure sale or proceeding which shall
not be undertaken or consummated for
the purpose of satisfying such bonds
or indebtedness shall be considered as
within the prohibition against such
transfer or assignment of the franchise
hereby granted.
See 21 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
islatlve limitations
Sec %. The rights privileges and
franchises herein granted are made sub
iect to a faithful performance by the
said grantees, their SUCCESSORS and as
signs. of the conditions, and of each
of them herein set forth
Sec. 90. The president of this board
is hereby authorized and directed for
and on behalf of. and in the name of
the city of Birmingham to enter into
an agreement with the said grantees
confirming the rights, privileges and
franchises hereby granted upon the
terms and conditions herein stated and
adopting as a contract each and all et
the provisions hereof
Approved Nav Z. 1919.
c. EXUM. President
Board of Commissioners
A. O. LANE commis sioner
JAMES WEATHERLY, Com
Attest; II. S. RYALL, City Clerk
Age Herald, May 1926, June ,, 1913.