The Birmingham age-herald., 1913-10-29
CITY ORDINANCES


ORDINANCE NO. Is0-C
An Ordinance to Amend IA Ordinance
No. l9O-C, Approved July TO- i9i.i.
Entitled An Ordinance 60 amend
Sections >, 3 and I3 of An Ordinance
No. Hoo. Entitled "An Ordnance
Granting George &. Kelley and Asso-
ciates, Their Successors and Assigns,
The Right 40 Construct. Equip. Main
fain and Operate An Electric Railway
In the City of birmingham, Approved
Februar. q. I0i3,"
BE IT ORDAINED by the Board of
ham:
July l0,19l3, entitled AN Ordinance to
amend Sections ?, and l3 of an OrdIn-
ance No. Hoe entitled An Ordinance
granting Geo. c. Kelley and associates
their successors and assigns, the right
to construct, equip. maintain and
operate an electric railway In the City
OIL birmingham, approved February g.
l9l5, 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-
That Sections 2, 3 and 1S of that GER
tain Ordinance No. 14O-C. entitled An
Ordinance granting Geo. c. Kelley and
associates, their successors and assigns
the right to construct, equip, maintain
city OF Birmingham, approved February
o, 1918, be, and the same is hereby
amended, so that said Sections ?, ) and
IL snail respectively read as follows:
Section 2 The said grantees. or their
successors or assigns, shall on or be-
fore the LIST day of November, 1918, be-
gin the active work of construction of
said street railway, and shall continue
the same to completion as hereinafter
Section 8. The City of Birmingham.
as grantor herein, hereby acknowledges
the tsea Seeeeeeipt SeedI Of Ten Thousand Dollars
1S1o,OOO.OO), which shall belong to the
| city of Birmingham upon the adoption
OF this Oh dinance, and as a further con-
slderation for this franchise the said
/
shall or or before the lst day of Nov
ember. 1913, give to the said City of
birmingham eight promissory notes
sum of 100000 with interest, payable
semi-annually at the rate of per cent
per annum; which said notes shall
mature respectively one each year for
eight consecutive years, that is: One
snail mature one year after date. one
~ ySats after uate, one three years
after date. one four years after date,
one five years after date, one six years
after date, one seven years after date
and the last one eight years after date.
the payment of each of which said notes
shall be secured in a manner satisfac-
tory to the said City of Birmingham.
rights and privileges hereby granted.
said grantees. their successors or
assigns, shall pay to the City of Br-
mingham sum equal to percentage
or the annual gross earnings of. the
street railway or railways constructed
or operated under the rights or privi-
leges herein granted, as follows, viz:
For the years 1921 to 1926 inclusive.
per cent; for the years 1927 to 1882,
inclusive per, cent; for the remainder
or the life of the franchise, per cent:
said payment shall be made during jan
uary OF each year following the cal
nss 9nuar We, year IN which said gross earn
Grantees shall also widen, at their
expense, such portions of Cleveland
street as Is embraced in this franchise
under the direction of the Civ Ene.ineer
to a width of 60 feet.
Section 10. The said grantees, or
on or before the 1st day Of November,
W., enter into bond with good and
s55didGiem5 s5d don nn surety in the, penal sum Of
work OF construction of said lines I'm a
workmanlike manner. and promptly re-
store the roadway along the entire
length thereof, to the condition it was
In before being disturbed by them. The
SAID grantees, their successors or as
slgns, and an the City of Birmingham shall
pe the Judge of said condition. And upon
the application of said Erqntees, their
successors or assigns the said CITY
shall inspect said work or cause the
same to be inspected. and upon such
work being completed, as herein re-
qulred, said City shall declare said bond
satisfied. The said grantees or thor
successors or assigns shall also furnish
to the said city of Birminehf on or
before the said 1st day of November.
i9lo, satisfactory guarantee as to
the character and durability and MAIN
tenance of restored or constructed
pavement along such streets as al the
time of the construction of the lines
herein provided for shall be paved
such guarantee to be for the term or
terms of years which may remain un-
expired or any guarantee on any pave
ment which may be, in the construction
Of said lines, dug up or disturbed and
such guarantee shall be sim lar in terms
20 those then outstanding upon the sew
era1 streets respectively; before the said
grantees herein shall be held to have
restored the roadway disturbed by the
installation Of said lines the guarantee
herein provided shall be given
Approved October LIST, 1913
G. EXUM, President
Board of Commissioners,
JAMES WEATHERLY,
attest: Commissioner.