The Birmingham age-herald., 1913-10-15
CITY ORDINANCES


ORDINANCE NO. .1S6-C
An Ordinance to Amend An Ordinance
No. 170-C, Approved July 10, 1913,
] Entitled San Ordinance 10 Amend
! Sections 2. 3 and i3 OF An Ordinance
No. 140-C. Entitled AN Ordinance
] Granting George c. Kelley and Asso-
I ciates, Their Successors and Assixnr,
the Right 10 Construct, Equip, Main-
tain and Operate An Electric Railway
In the City of Birmingham. Approved
February q. 10f3.-
I BE 1T ORDAINED, by the Board of
commissioners of the City OF Birming-
zlam:
That Ordinance No. rec, approved
Buly 1o,1913, entitled An Ordinance TO
*lmend Sections 2, and 13 of an Ordin-
fince No. 140-C, entitled An Ordinance
granting Geo. c. Kelley and associates,
Eheir successors and assigns, the rlght
70 construct equip, maintain anu ana
operate an electric railway in the City
III birmingham, approved February 8,
va" be, and the same is hereby
amended, so as to read as follows:
/ BE IT ORDAINED by the Board of
commissioners of the City of Birming-
ham;
That Sections 2. and 1s of that GER
kain Ordinance No. HOO. entitled AN
ordinance granting Geo. c. Kelley ana
associates, theirssuccessors and assigns,
.xnd operate an electric railway in the
ity Of Birmingham, approved February
n, 1918, be, and the same is hereby
lmended. so that said Sections 2, 3 and
S shall respectively read as follows:
Section 2. The said grantees. or their
successors or assigns. shall on or be-
fore the 1st day of November, 1913, be-
gin the active work of construction of
Iaid street railway, and shall continue
he same to completion as hereinafter
Section 9. The City of Birmingham,
r. gfantor herein, hereby acknowledges
phe. ceeeipt of Ten Thousand Dollars
ISl0,0O0.0O), which shall belong to the
tity of Birmingham upon the adoption
pI this Ordinance, and as a further con-
Esderation for this franchise the said
grantees, their successors or assigns
fhall or or before the fst day of Nov
Eember, 1913, give to the said City of
llatmln latnn gilam eight promissory. notes
t1ated November l. 1913, each for the
fum. of 100000. with interest, payable
Femi-annually at the rate of per cent
per annum; which said notes shall
Maturo respectively one each year for
Fight consecutive years. that is; one
Ehall mature one year after date, one
EWo years after date, one three years
l}ne five years after date, one six years
FIter date, one seven years after date
lthd the last one eight. years after date;
Ehe ne payment OF each of which said notes
fnaii be secured in a. manner satisfac-
Eory to the said City of birmingham.
rs a further consideration for the
Iag{hhts Ia{h and privileges hereby granted.
Itsslgns, shall pay to the City of Bir-
IninSham a sum equal to a percentage
I'm, tne annual gross earnings of the
L. "
| operated under the rights or privf-
Ieges herein granted, as follows, viz:
For the years 1921 to 1925, inclusive
per cent; for the years 1927 to 1882
Niciusive, per cent; for the remainder
~ the life of the franchise. ) per cent.
aiu payment shall be made during jan
Iit5S OF each year following the cal
tfndar year in which said gross earn
tngs We're received
1rantees shall also widen, at their
/ Npense, such portions of Cleveland
L .r1set as Is embraced in this franchise.
tlhoer the direction of the CITY Trnuinaar
10 width of 60 feet ~
Section 13. The said .rantaos 80
helr successors or assigns, shall also
F9n or before the 1st day of November
snffiio,eenntte nffffii enter into bond with good and
yoooO0.0o, that they viii comn1sta az
E,.oo,,ilee o,i \ % construction of said lines in a
stors toie"idnlike an s manner, and promptly re-
Eenath 'f IN roaSgWay along the. entire
H. heeardn ~ thereof to the condition it was
y nneiore being disturbed by them 'rhe
/ i,a aea grantees. their successors or as
Il isns, and the City of Bfrmin Cham sbal1
Ks the Judge Of said condition And ,,mn,i
@sne @ application of said grantees. tbei,.
siieG siheGs ssors or assigns tho said Citv
sa INSPECT said work or cause the
/ e sle 70 De inspected, and upon s,,t.,
work being completed as herein rel
i ulred, said City shall declare said bond
Falisiied The said grantees or their
l. successors or assigns shall also furnish
Il o the said City of Birmingham on or
I2etoore the said 1st day of November
1918, satisfactory guarantee as 10
the character and durability and main-
romance of restored Or constructed
pavement along such streets as at the
ifne of the construction of the lines
iherein provided for shall be p3yaf
i uch guarantee to be for the terrff or
Iterms of years which may remain un-
expired or any guarantee on any pave-
Inrpnt which may be- III the construction
PI said lines. dug up or disturbed, and
ysuch guarantee shall be similar in terms
Q those then outstanding upon the sew
taral streets respectively; before the SAID
grantees hercin shall be held to have
restored the roadway disturbed by the
/ nsta llation of said Hines the giIarantee
Ilerein provided shall be given
Approved October 1st. 1913
c. EXUM President,
Board of Commissioners
JAMES WEATHERLY,
'Attest- Commissioner.
II. S. RYALL City Clerk.
Age Herald. oct. Is. 22, %. 1913.