The Birmingham age-herald., 1913-05-19
No. I5S-C.

street railway line in the city of
Be it ordained by the Board of Com
missioners of the city of Birmingham
aS follows
Section l. That I. c. Beatty and as
sociates hereinafter called grantees
and their successors and assigns. be
and they are hereby granted the right
ana franchise, subject to and upon the
Terms and conditions hereinafter stated
20 build, equip, maintain and operate
iof period of thirty 800 years an
electric passenger street railway with
an the necessary poles, wires and other
necesSdrles for the construction of such
railways according to approved meth
obs IN, along and over the public high
ways and thoroughfares of the city of
Cunningham, as follows:
commence at the Intersection OF
f.ieVenth avenue. north, and Twenty
elShth street; thence in a northwest
erly direction along Twenty eighth
street to its intersection with the Nor
wood boulevard; thence along said
norwood boulevard, and over, along and
upon that certain strip of land twenty
S,k 20 feet in width, to Pinson street
which said strip is plated on the mar
ot the birmingham Realty company
addition Number 4. as reserved for
street cars and steam heating mains
salu map being recorded in the office
of the Judge of probate of jefferson
county. Alabama, in Map Book 8, page
-. and which said strip of land is
plated on said map as bounded on
north and then by Norwood bouIe-
yard and as extending from the easter
~ SIDE OF TWenty-siXth street, north
70 the westerly side of Pnson street
together with the right to make the
necessary connections with any other
ilne OF street railway at the said in
.nersecuon of Eleventh avenue and
IWenty-eighth street, north
Sec. ;. That said grantees. successors
ana assigns, shall have the right to
'aN ana operate double track street
railway along the route above described
ana throughout said entire line the
said grantees, SUCCESSORS and assigns
snall nave the rights, privileges and
franchises of erecting, constructing and
lnalnialhinS, after approved plans and
subject to the conditions hereinta Ter
named as parts of such railway. such
Siectric wires. posts. poles. masts. sup
por,s, guys. guards and appliances. in
si;auing sis an necessary turnouts and
Siue tracks along the entire route above
uescrlbed, and TO maintain and operate
tnereon all such cars and electric mo-
tors as are, or may be necessary or
proper Tor the operation OF said line
Inciuoihg the power franchise, right
ana privilege of erecting and maintain
ING snch poles, brackets and masts
tnroush the highways and public places
" the city as may be necessary OF
proper FOR the purpose of CARRYING and
transmitting electric currents through.
uhder and over the highways and pub
lie places where it may be necessary
Supplylng electric currents for power
iieht and heat to be used in the opera
lion or such cars and motors.
ffONlded, however, that grantees
shali be required a this time to build
only single track along said streets
ana ways as above described but
grantees shall. at any time, on demand
of the city of Birmingham, double track
any part of said road.
sec. ). The said grantees, or their
successors or assigns, shall, on or be-
the plans and specifications for the
CONSTRUCTION OF said street railway ia
the Board Of Commissioners of said CITY
oi birmingham for its approval. alter
alton or amendment, which plans ard
specifications shall accord with approved
methods or construction of such lines
under like conditions. And within two
months atier the approval of said plans
py SAID board, the actual work of con-
struction of said street railway shall
be begun and continued to completion
as hereinafter provided.
Sec. 4. In conSidera tiOn of the rights.
powers and privileges hereby granted
the said grantees, their successors or
assigns, snail pay to the city of Bir-
mlngham seventeen hundred ts17OO)
dollars on the passage of this ordi-
nance, and a sum equal to a percent- =
age Of the annual gross earnings of
the street railway constructed or oper-
heea hera; under me rights or privileges
For the years 1921 to 1926, inclusive
three CD per cent; for the years 1927
- 1899, inclusive, four 90 per cent; for
a,,f. ahf remainder of the life of this fran
chlse hVe t5) per cent. Said payments
snail be made during January of each
year following the calendar year i'm
Wrich sald gross earnings are received
sec. .. The said grantees their sue
cessors and assigns shall Law the tracks
OF said line upon grade and ballast
ana surface them with such material
and IN manner satisfactory to the
q N 4 l.l,r,l II
tne pallastng and surface between each
OF SAID tracks, and between the rails
OF said tracks for eighteen t1Sl inches
on each side thereof. ana for half the
space between said tracks and anv
other tracks authorized to be con-
structed on the same highway, so that
persons and vehicles can have free and
unobstructed passage along and across
said tracks. And the said grantees
their successors and assigns, shall
make the said portions of said high
WAYS conform to any change of grade
established by said city
II the city of Birmingham has grad
ed improved, paved or macadamized
or shall hereafter determine to grade
improve, pave or macadamize or other
wise improve any of said streets or
avenues over which any of said lines
are operated, or over which the same
may be operated nnder this franchise
tnen said grantees, their successors and
assigns, shall upon notice from the
city of Birmingham. pave or Improve
as the case may be, said tracks, and
between the rails of said tracks and
Tor the space of eighteen 1S) inches
on each side thereof, and the space be
tween the two tracks where the same
are double, and half the space between
the SAID tracks and any other tracks
authorized to be constructed on any Of
said streets or avenues with the same
materfal used by the city in paving or
macadamizing or improving the re-
mainins portion of said streets or ave
nues, and according to the snaoi Zoo
tlons prescribed by the said city of Bir-
mingham, and shall thereafter main
tain and keep the macada MIXING, pay
ing and Improvements in good order
and shall. whenever any Of said street,
or avenues are TO be paved or graded
or n1acadamized, or repaVed or reerad-
ed or remacadamized by the said city,
pave or grade or macada mize or re
pave, or regrade. or remacadamize the
space between said tracks and for
eighteen 1S) inches on each side there
Of. and between the rails of said tracks
and half the space between said track !
and any tracks on said street or ave-
nues, at the same time and with tbs.
same material as is used in the ad-
joining portion. Should said grantees
or their successors or assigns, neglect
fail or refuse to do the grading or
paving. or madacadimzing. or repaving
regarding or remacadamizing. herein
provided for, as and when required nv
said city. then the said city may do
such WORK Al the expense of the. said
GHnI I&eor their successors and as
Us, and for the cost of such work
<,...l Interest thereon funtil paid So id
city shall have first lien on such
street railway tracks. and the right OF
way herein granted but said grantees
'fnccessors and assigns. shall prepare
1fhe said track by laying the proper
rails and otherwise as specified by The
city for the said paving or oth er i'm
provements.
should said city hereafter determine
n. ma n. rnrr "a a r1t+ ..f he.