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

Of the city as may be necessary or
proper for the purpose of carrying and
under and over the highways and pub
nc places where 1t may be necessary
TO convey the same for the purpose of
supplying electric currents for power.
i,sht and neat to be used in the opera
tlon of such ears and motors.
provided. however. that grantees
shalt be required at this time to build
only single track along said streets
g 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-
lore the 1st day of June. 1918, submit
tue plans and specifications for the
construction of said street railway to
tne Board of Commissioners of said city
OF Birmingham for its approval, alter
alton or amendment, which plans ard
speelhcations shall accord with approved
ineihods met or construction of such lines
under like conditions. And within two
months after the approval of said plans
oy said board, the actual work of con-
str9etlon of said street railway shall
be begun and continued to completion
as hereinafter provided,
sec. . IN consideration of the rights,
powers and privileges hereby granted
me me SAID grantees, their successors or
nllin1gham seventeen hundred ts170o)
uollars on the passage of this ordi-
nance, and sum equal to a percent
aSe OF the annual gross earnings of
lne street railway constructed or oper-
ated 5l under the rights or privileges
herein granted, as follows, viz:
for the years 1921 to 1925, inclusive
tn tlree teoo - per cent; for the years 1927
10 70 lSoZ, inclusive, four (D per cent; for
tne remainder of the life of this fran
etlSe sha5e llVe lo) per cent Said payments
snall s,na pc made during January of each
year following the calendar wear in
W llcn SAID gross in
Sec. .. The said grantees their s,1c-
cessors and assigns, shall lay the tracks
.. said me upon grade, and ballast
and In manner satisfactory TO the
city OF Birmingham; ahd shall maintain
the paIlastlng and surface between each
s of SAG saio tracks, and between the rails
OF SAID tracks for eighteen 1S) inches
on each side thereof. and for half tbe
space between said tracks and anv
other tracks authorized to be con-
@ Struoted on the same highway, so that
persons and vehicles can have free and
passage along and across
said tracks. And the said grantees
unelr successors and assigns. shall
make the said portions of said high
ways conform to any change of grade
established by said city.
If the city. of Birmingham has grad
ed I'M, 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 under this franchise
then said grantees, their successors and
assigns, shall, upon noHce from the
city of Birmingham, pave or Improve,
b between the rails of said tracks and
for the space of eighteen 0SO inches
on each side thereof, and the snace he
tween the Two tracks where the same
are double, and half the space between
the said tracks and any other tracixs
authorized to be constructed on anv of
said streets or avenues, with the same
material used by the city in paving or
or improving the re-
portion of said streets or ave
nues, and according to the specifica-
tions prescribed by the said citv of Rir-
mingham, and shall thereafter main
tain and keep the macadamizing nav
ing and improvements in good order
and shall, whenever any of said streets
or avenues are to- be paved or eraded
ed or remacadamized by the said CITY.
pave or grade or macadamze or re-
pave, or regrade, or remacadamize the
space between said tracks, and for
(1S) inches on each side there
of, and between the rails of said tracks
and half the space between said tracks
and any tracks on said street or ave
nues, at the same time and with the
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 NAV do
such work at the expense of the said
grantees, or their successors and aaN
signs, and for the cost of such work
with interest thereon until paid said
city shall have a first lien on such
street railway tracks. and the right of
way herein granted; but said grantees.
successors and assigns shall prepare
the said track by laying the proper
rails and otherwise as specified by the
city Tor the said paving or other i'm
Should said city hereafter determine
to pave or improve any of the streets
or avenues over which the consent Is
successors and assigns, to operate a
street railway with a double track.
and wherein or whereon there shall
have been laid but 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 between
the track, and eighteen CS) inches
OH the outside of the second rack, or
lose the right to double track in such
territory; but the said city expressly
reserves the right at its election, to
cause the work of grading, paving.
or regarding, repaving
Or remacadamizng, or otherwise i'm
proving that portion of any street,
avenue or highway, over which the
over which, under this franchise it
may be laid, to be done by it's own
agents or contractors, at the expense
Of said grantees, or their SUCCESSORS
lhe same manner that the work is lone
dron the ieriainint portion of satn
streets. avenues ~ highways. ana lhe
cost thereof, with interest thereon un-
shall become a first lien upon the right
IF way herein granted, and the tracks
Of said grantees, successors and as
signs.
And should the right of way herein
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
,ity 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 We
licles, at the expense of said grantees,
their successors and assigns, and the
,ost thereof may. be assessed against
said right of way and tracks, and shall
oe and become lien thereon from the
lime of the completion of the work,
prior to all liens. except for taxes. bur
nothing herein contained shall be con-
sidered to impose a duty upon the said
,ity to cause such work to be done,
and work shall not be done by the city
unless the said grantees, their sue
,essors and assigns. shall, after a rea-
sonable notice to do suci work, fail
% do the same
The said city reserves the right to "r-
Ter the removal of any dead or dis
ised tracks from the highways, and
when so ordered. the said grantees.
successors and assigns, shall. remove
he same within so days and restore
he highway to the Satisfaction of the