The Birmingham age-herald., 1913-05-26
CITY ORDINANCES

COnSCFUC1, eQIIIp,
n MAINTAIN and operate an electric
street railway line in the city of
Birmingham
Be it ordained by the Board of Com
as follows " ''' III
section l. That l. C. Beatty and as
susiates, a hereinafter called grantees,
and their successors and assigns. be
9 sn9 tney are hereby granted the right
anu franchise subject to and upon the
te teiihs h',sd ana conditions hereinafter stated,
- puiu' equip. maintain and operate,
Tor a period of thirty 1900 years, an
eiectrlc passenger street railway, with
raeI nfa ene necessary poles wires and other
necessaries for the construction of such
raliways, according to approved meth
Jus, uus, IN, along and over the public high
1ays and thoroughfares of the city of
birmingham, as follows;
commence at the intersection of
i.eVenth avenue, north, and Twenty
elgnth street: thence in a northwest
street rs dlretsi9n fn ,ts y, along Twenty eighth
WOOD boulevard, thence along said
norwood boulevard, and over, along and
sl~ upon mat certain strip of land twenty
wn1ch said strip is plated on the map
ds,i, od ,ne birmingham Realty company's
%aadition % Number I, as reserved for
said map being recorded in the office
OF tne Judge of probate of Jefferson
county, Alabama in Map Book 8, page
plated on said map as bounded on
both. sides, first by Fifteenth avenue.
north. and then by Norwood bouie-
ward and as extending from the easter
" side of Twenty street. north.
70 the westerly side of Pinson street
aogether with the right to make the
iiesssry iiue 80 connections with, any other
une OF street railway at the said in
nersection of Eleventh avenue and
nty-eighth street, north.
ors sec =, Ihat said grantees, successors
Iay ana operate double track street
raliway along the route above described,
anu anu 4throughout said entire line, the
saiu grantees, successors and assiens
snail have the rights. privileges and
franchises of erecting. constructing and
manlntaining, after approved plans and
subject to the conditions hereinta fter
named, as parts of such railway such
electric wires, posts, poles, masts, sup
cludin, pprss, 3 guys guards and appliances, in
side tracks along the entire route above
described, and to maintain and operate
ttnereon all such cars and electric mo-
tors as are, or may be necessary or
proper for the operation of said line.
including the power, franchise, right
ana ana privilege of erecting and maintain
ing such poles brackets and masts
through the highways and public nIaces
OF the city as may be necessary or
proper Tor the purpose of carrying and
undar urahsnl,tlhg electric currents through,
nc places where 1t may be necessary
10 convey the same for the purpose of
supplying electric currents for power,
ight and heat to be used in the opera :
tion or such ears and motors.
crowded, however, that grantees
snaii be required at this time to build
ohiy single track along said streets
and ways as above described, but
grantees shall. at any time, on demand
Oh the city of Birmingham. double track
any part of said road.
Sec. 3. The said grantees, or their
successors or assigns, shall, on or be-
fore fore the 1st day of June, 1913, submit
the plans and specifications for the
construction of said street railway 10
the Board of Commissioners of said city
OF birmingham for its approval alter
alton or amendment. which plans ard
specifications shall accord with approveJ
methods or construction of such lines
under like conditions. And within two
I, II,ontns IiS after the approval of said plans
ps sara BOARD, the actual work of con-
struction of said street railway shall
be begun and continued to completion
as hereinafter provided
Sec. L. In consideration of the rights
powers and privileges hereby granted
the said grantees, their successors or
assigns. shall pay to the city of Bir-
mingham seventeen hundred ($17oO)
dollars on the passage of this ordl-
nance and sum equal to a percent
age age OF the annual gross earnings OF
tle street railway constructed or oper-
ated under the rights or privileges
herein granted, as follows. viz:
For the years 1921 to 1926. inclusive
three go per cent; for the years 1927
70 1882, inclusive, four 90 per cent; for
the remainder of the life of this fran
e%hlse % hve, t5l per cent. Said payments
snall pc made during January of each
year following the calendar year I'm
winch said gross earnings are received
sec. .. The said grantees. their sue
cessors and assigns, shall lay the track s
or said line upon grade, and ballas,
and surface them with such material
ana ana IN =, a manner satisfactory to the
city or birmingham; and shall maintain
the ballasting and surface between each
+, of said tracks. and between the rails
OF said tracks for eighteen t1S) inches
ON each side thereof and for half the
space between said tracks and any
other tracks authorized to be con
structed on the same highway so that
unobstructed passage along and across
Sald tracks. And the said grantees
their successors and assigns, shall
MAKE MAKE me said portions of said high
established by said city
If the city of Birmingham has grad
cd 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 snail. 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 the s space of eighteen Cs) inches
hr
tween the two tracks where tho same
are double, and half the space between
the said tracks and any other track !
authorized to be constructed on any of
SAID streets or avenues with the same
material used bN the city in paving or
macadamizing or improving the re-
naming portion of said streets OR ave
nues, and according to the speciflca :
tions prescribed by the said city of Bir
mingham, and shall thereafter main
tain ana Keep the macadanizins nav
ing and improvements In good ordnr
and shall, whenever any of said streets
or avenues are TO be paved or graded
ed or remacadamized by the said city
pave or grade or macadamize. or ro
pave, or regrade. or remacada mize tho
space between said tracks, and 70,
eighteen t1S) 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 ths
same material as is used in the ad
joining portion. Should said granteas
or their successors or assigns neglect
fail or refuse to do the gradinr or
paving: or understanding, or repaving
regarding or remacadamizing berei,,
provided for, as and when re9njre5 hv
said city,. them the said city NAV al
such Work at the expense of the said
grantees, or their successors and az.
signs, and for. the cost of such work
with interest thereon until paid. said
city shall have a first lien on .,,,ch
street railway tracks and the rin,st suc,i ~
way herein granted; but said grantees,
successors and assigns, shall prepare
the said track by laying the Droper
rails, and otherwise as specified by the
city, for the said paving or 9th .r inn
prOVemenus.
81, ,ft, l., "a