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

said work, or cause the same to be
completed as herein required, said city
snail inspect said work or cause the
| same TO be inspected, and upon said
work being completed as herein re-
quIrea said city shall declare said bond
salished The said grantees or their
successors and assigns, shall also fur
nish TO said city of Birmingham sal
isfactory guaranty as to the character,
durability and maintenance of all re-
stored OF constructed pavement along
snch streets as at the time of construc-
| tion OF the line herein provided for
snail be paved, such guaranty to be
| for term or terms of years which may
remain uneNpired of any guaranty on
any pavement which may be, in the
dqns,ruesion d;ats5 of said lines. dug, up or
disturbed, and such guaranty shall be
similar In terms to those then out
stahding upon the several streets, re-
| speetively Before the said grantees
| the roadway disturbed by the installa- :
tion of said line, the guaranty here
In provided for shall be given
sec, Sec, 10; on or before the 25th day of
June, 1914, cars must be operated for
revenue over the entire line covered
| by this franchise. If the said grantees,
or successors or assigns. shall make
| default in compliance with this con-
dition the said city shall have the
right, and does hereby expressly re-
| serve the right, to rescind and annul
! this grant in toto, without making any
return or proportionate return of the
| consideration paid, or herein provided
70 he paid by the said grantees, or
| their successors or assigns
| frovlded' however, that any delay
caused by adversary injunctions or re-
| straining orders without the ia ult, con-
4 sent or procurement of the said gran :
tees. or their successors or assigns. or
out their fault and beyond their con-
trol, snail extend pro tanto the time
limits fixed by this ordinance.
Sec 16 The said grantees. their sue
| cessors and assigns, shall pay all such
| damages as may be awarded again st
the city of Birmingham as a proXimate
| consequences of the construction, oper-
| alton or maintenance of said railway
| and appurtenances by the said gra
| tees. their successors or assigns and
| snail likewise defend any suit or suits
which may be brought, whether at law
Or in equity, against the said city of
| Birmingham, and based on any breach
or duty by said grantees, their sue
cessors or assigns. or upon any defect
| or negligence due to the default of
/ such grantees, their successors or as
| signs, in the ways, works or machinery
or In construction, maintenance or oper-
| alton of said railway or railways, upon
due notice thereof and shall pay all
| damages and costs that may be awarded
| against the said CITY, and based upon
such act, default or negligence of the
said grantees, tbeir successors or as
signs
Sec. II. The city of Birmingham re-
serves the right to allow other tracks
wires and appliances to be constructed
across said tracks. wires and appliances
of the said street railway at such
points and in such manner as said
city may direct
And the grantees, successors and as
| signs shall furnish and maintain one
Gross- arm on each pole for the use of
the city for its fire alarms, telegraph
telephone or any other municipal cleo
streets public buildings and public
places and other municipal purposes and
also to furnish and leave vacant for
the city's use one duct in every un-
| derground conduit laid
! Sec. 8. The grantees herein their
| successors and assigns, shall establish
and maintain, on all their passenger
cars, separate compartments for the
| conveyance of white and colored pas
sengers over its lines of street rail
way when required to do so by the
said city.
Sec. 10. In all cases of grade separ-
| alton or the elimination of grade cross
| ings along, under or across the lines
herein granted, the grantees, or their
successors and assigns, shall pay such
proportionate part of the cost thereof
| as may be determined by the govern
| ing body of said city, not in any case
to exceed one third of the cost thereof
ed shall not be transferred or as
| signed. either in whole or in part, to
any parallel or competitive Yne. di-
reetly or indirectly. without the con-
sent of the said city of Birmingham
! either by purchase. consolidation OF
merger, or in any other manner what
1 soever except in conformity with the
terms hereinafter provided; and If this
condition is violated or evaded the
| city reserves the right on due notice
to annul the entire franchise. Provid-
ed. however that this section shall
not be construed to prevent said gran
| tees. their SUCCESSORS on
| from conveying this franchise to any
! trustee or mortgagee and to his, their
| or It's assigns, as. security for bonds
! or like evidence of Indebtedness justI,
incurred and issued in good faith anc
without any purpose or intent thereb,
to evade the condition imposed in this
| section, nor shall this section be con-
| strued so as to limit or impair TIL.
rights of the purchaser or purcha sers
| at such foreclosure sale or sales tf
have, use and enjoy the rights and priv.
| ileges herein and hereby conferred or
/ said grantees. under like limita tions
| and conditions as are herein imposed
on said grantees; and every foreclo-
sure sale or proceeding which shall
| the purpose of satisfying such honds
or indebtedness shall be considered ms
within the prohibition against such
transfer or assignment of the franchist
| hereby granted
Sec. 81. 1t is expressly understood
| that no provision of this franchise shall
| De construed TO limit the right anC
power of the city of Birmingham rea-
sonably to classify and tax or license
the said grantees. their successors anf
assigns, within constitutional and leg
| isla tive limitations.
Sec. %. The rights. privileges anf
! franchises herein granted are made sub.
| iect TO faithful performance by the
said grantees, their successors and as,
signs, of the conditions, and of eacf
of them herein set forth.
/ Sec. 2S. The president of this boa RI
is hereby authorized and directed. 70,
and on behalf of. and in the name o.
the city of Birmingham, to enter int,
an agreement with the said grantee,
confirming the rights, privileges and
| franchises hereby granted upon tn,
| terms and conditions herein stated anf
adopting as a contract each and ali ~
| the provisions hereof
| Approved May II, 1913
| c. ENUM, President
| Board of Commissioners
| A. o. LANE. Commissioner
| JAMES WEATHERLY. Com
Attest: II. s. RYALL. City Clerk,
Age-Herald. May 1926. June 2. 1919