The Birmingham age-herald., 1913-10-22
nRnINANCE NO. IS6-C

An Ordinance to Amend An Ordinance
No; rec, Approved July 10, iois:
Sections 2, 3 and Is of An Ordinance
No. I1O-C, Entitled "An Ordinance
Granting George G. Kelley and Asso-
ciates, TheIr successors and Assigns,
the Right 40 Construct, Equip, Main
tain aad Operate An Electric Hallway
In the City of Birmingham, Approved
BE 1T ORDAINED, by the Board Nof
Commissioners of the City of Birming-
ham:
That Ordinance No. 17O-C, approved
July 10,1913, entitled "An Ordinance to
amend sections 2, and 13 of an Ordin-
ance No. 14O-C.. 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
of Birmingham, approved February o,
1918, be, and the same is hereby
amended, so as to read as follows:
BE If ORDAINED by the Board OF
Commissioners of the City of Birmirg-
ham
That Sections 2, 9 and 10 of that cer-
Ordinance granting Geo. c. Kelley and
associates, their successors and assigns,
the right to construct equip, ma intain
and operate an electric railway In the
city Of birmingham, approved February
b, 1913, be, and the same Is hereby
amended, so that said Sections 2, 3 and
10 shall respectively read as follows:
Section 2. The said grantees, or their
successors or assigns, shall on or be-
Iore the lSt DAY OF November, 1918, be-
gin the active work of construction of
said street railway, and shall continue
the same to completion as hereinafter
provided.
Section 3. The City of Birmingham,
as grantor herein, hereby acknowledges
the ceeeipt of Ten Thousand Dollars
tSl0,OO0.0O), which shall belong to tho
CITY or birmingham upon the adoption
of this On dinance, and as a further con-
sideration for this franchise the said
grantees, their successors or assigns.
before Of
ember, 1913, give to the said City of
Birming ham eight promissory notes
dated November |, 1913, each for the
sum of s5O0O.O0. with interest, payable
semi-annually at the rate of 8 per cent
per annum; which said notes shall
mature respectively one each year for
eight consecutive years, that is: One
shall mature one year after date, one
two years after date, one three years
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 manner satisfac-
tory to the said City of Birmingham.
As further consideration for the
rights and privileges hereby granted,
said grantees, their SUCCESSORS or
assigns. shall pay to the City of Bir-
minEham sum equal to a percentage
OF the annual gross, earnings OF the
street railway or railways constructed
or operated under the rights or priv,-
lefes ar herein tbn granted as follows. viz:
: per cent; for the years 1927 to 1882.
inclusive per cent; for the remainder
said payment shall be made during Jan.
uary of each year following the cal
endar year in which said gross earn
ings were received.
Grantees shall also widen. at their
expense, such portions of Cleveland
street street as as Is embraced In this franchise.
4nder IN the ~ direction Of the City Engineer.
Section 49, The said grantees. or
bn 1heir IT. successors hSa or assigns, shall also
l913, enter into bond with good ana
sufficient surety, In the penal sum OF
9o9,gOO.0o, that they will complete the
store, the roadway along the entire
length thereof, to the condition ii was
IN before being disturbed by them. The
said grantees, their successors or as
signs and the City of Birmingham shall
be the Judge of said condition. And upon
the application of said grantees, their
sucee essors 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-
quired. said City shall declare said bond
satisfied The said grantees or their
successors or assigns shall also furnish
before the said 1st day of November.
1913, a satisfactory guarantee as to
the character and durability and main
tenance of restored or constructed
pavement along such streets as at the
| lime 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 of 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 In terms
| 20 those then outstanding upon the sew
| eral streets respectively; before the said
| grantees herein shall be held to havo
| restored the roadway disturbed by tho
! installation of said lines the guarantees
herein provided shall be given.
| Approved october 1st. 1918.
! c. EXuM President,
| Board of Commissioners.
JAMES WEATHERLY,~ -
| Attest: Commissions
| II. S RYALL, City Clerk.