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

and wherein or whereon there shall
have been laid but a single track, said
grantees, or their successors and as.
signs, shall. upon the completion OF
such paving or improving. in said
streets or avenues, pay to said city
the cost of such paving or improving
for so much of said street or avenue
as will be occupied by the said second
or double track, and the space berWt on
the track, and eighteen US) inches
on the outside of the second track, or
lose the right To double tfack in such
territory, but the said city expressly
reserves the right, at its election, to
cause the work of grading, paving,
macadamizing, or regarding. repaying
or remacadamizing or otherwise I'M
proving that portion of any street
avenue or highway, over which the
said street railway has been laid. or
over which, under this franchise 1t
agents or contractors, at the expense
of said grantees. or their successors
ana assigns. at the same time, and in
the stir,a manner that the work is lone
droh the remaining portion of s+tn
streets. avenues ~ highways, ana lAe
cost thereof, with interest thereon u'l-
III paid shall be assessed agains, ard
shall become a first lien upon the right
of way herein granted and the tracks
of said grantees, successors and as
signs.
And should the right of way herein
granted, by reason of any defect in the
construction of the road, or for want
of repairs, or for any other or different
reason, obstruct, impede or interfere
with the free and convenient use of
such streets, avenues or alleys, by per-
sons on foot or in vehicles, then the
city shall have the right to cause such
right of way to be put In condition for
the safe, free and convenient use
thereof by persons on foot and in Ve-
hicles. at the expense of said grantees,
their successors and assigns, and the
cost thereof may be assessed against
said right of way and tracks, and shall
be and become A lien thereon from the
time of the completion of the wcrk,
prior to all liens, except for taxes, but
nothing herein contained shall be con-
sidered to impose a duty upon the said
city to cause such work to be done,
and work shall not be done by the city
unless the said grantees, their sue
cessors and assigns, shall, after 9. rea-
sonabe notice to do such work, fail
to do the same.
The said city reserves the right to ~
der the removal of any dead rr dis
used tracks from the highways. and
when so ordered, the said grantees,
successors and assigns, shall remove
the same within 50 days and restore
the highway to the satisfaction of the
said city. or the said city may cause
the same to he done a TIE cost of ihe
said grantees, their successors and as
signs, and may assess the cost thereof
against the right of way AMI tracks of
the said grantees. success ors and as
thereon from the time the work is done,
prior to all other liens except the lien
FOR taxes; and any track shall be con-
sidered dead or disused whereon the
said grantees, or their successors ard
assigns shall not, after time allowed
herein for putting cars in operation for
revenue over their entire line or ines
covered by this franchise, regularly
operate cars thereover, on d reasonable
schedule
And the city reserves the right to
rescind and annul this franchise as to
such portions of said streets as sha II
continue to be occupied by dead or
disused tracks for period of 90 days
after notice to said grantees. their sue
cessors or assigns.
Sec. 6. The said grantees. their sue
cessors and assigns. shall construct
and maintain drain pipes or culverts
under their tracks on said lines on di-
fectfon of the city of Birmin CHAM.
wherever the same may be needed, and
If the grantees shall fail to install the
same, the said city may cause such cul-
verts or drain pipes to be established
by its own agents and contractors. at
a reasonable cost, to be charged to the
said grantees, or their successors or as
signs, and the amount thereof may be
assessed against the right of way and
tracks embraced by this franchise in
the manner provided for assessing the
cost of street improvements. and such
cost shall thereupon become lien upon
the said right of way and tracks, prior
may be enforced as other liens for
street improvements are enforced.
Whenever the said city shall fcause
any storm sewer to be constructed
OF way hereby granted. a fair proper
tion 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 he as
sessed against the right of way and
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. :. Nothing herein contained
shall he construed to limit such right
or power as the city may now or would
hereafter otherwise have, by law or in
the exercise of its police or taxing
powers. to require grantees, successors
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-
plances of the street railway herein
authorized to be constructed. by any
other street railway company, upon
payment to said grantees, their sue
compensation, TO which use said gran
tees, their successors and assigns, shall
consent, but such use by any other
company shall be exercised in such
pede or obstruct said grantees, or their
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
street railway compa MES shall be as
certained or determined as is now, or
may hereafter be. provided by law: and
in event there is no statute providing
for the ascertainment and determina-
tion of the value of such use. then
mined by the city of Birmingham.
And the said grantees. their success
sors and assigns shall. whenever so
directed by the city of Birmingham.
other street railway, or interurban
railway operating in the city of Br-
and under like conditions.
giving, receiving or exchanging with
the grantees herein. transfers for pas
sengers without payment of fare, other
than. or additional to. the fare herein
provided for, but subject to such rea-
sonable regulations for transfers as
may be approved by the city of Bir-
The compensation or the d.
vision of the proceeds received from the
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-
thor1Zed shall he subject to the super
vision and inspection of the city engi