The Birmingham age-herald., 1915-03-18

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 or ordinance and against the making Of | said grant. the said bylaw, resolution or ordinance shall not become effective. nor shall ft confer any rights, powers
 or privileges of any kind, and 1t shall
 be the duty of the said board of commits | sioners. after such result of said cleo | ton shall be determined. to pass reso- | lution or ordinance to that effect. No
 grant of any franchise. or lease, or right
 of user, or any other right, in. under.
 upon. along. through or over the streets,
 public highways. thoroughfares or public
 property of any such city shall be made or given nor shall any such rights 1f
 any kind whatever be conferred upon any peson. firm or corporation, except by resolution or ordinance. duly passed by the board of commissioners, at some regu-
 tar or adjourned public meeting, and pub
 lshed as above provided for in this see- | ticn; nor shall any extension or enlarge
 ment of any such rights or powers previ-
 cusly granted be made or given, excep. | In the manner and subject to all the | conditions herein provided for. as to the original grant of same It Is expressly ! provided, however. that the provisions of | this section shall not apply to the grant | of sidetracks or switching privileges tu any railroad or street car company for | tho purpose of reaching and affordinss | railway connections and switch privileges
 to the owners or users of any industrial plant, store or warehouse; provided. fur ther that said sdetrack or switch shall
 not extend for greater distance than | 1920 feet. All franchises or privileges heretofore granted. which are not tn actual use or enjoyment or which the grantees thereof have not in good faith commenced to exercise at the time of the Adoption of this act, are hereby declare- l forfeited and of no validity, and 1t shall be the duty of the commission to carry out the provisions of this section by the enactment of ordinances repeating said franchises. provided this section shall not apply to any franchise in which the ordi- l nance granting the same shall have fixe1 time within which work shall com | nence or be completed hereunder. and such time shall not have expired at the time of the adoption of this act. No ex- elusive franchise shall ever be granted, and no franchise shall ever be granted for a longer term than 90 years, and no franchise shall be renewed before one
 and one-half years of It's expiration. When any person or corporation holding a fran chlse Tor tho location, construction or operation of a railroad over @ portion of any street and said franchise has 1 not expired. shall subsequently, apply for a franchise to locate, construct or op- | crate railroad on any portion of the | same street or upon any other street in 1 connection herewith, said sncond fran ohisc shall only be granted for the un- expired term of first franchise No such s'ant, right, privilege or franchise shall ever be made to any person, firm, cor poration or association unless 1t provides for adequate compensation or considera- | ton therefor to be paid to such city. and tn addition to any other form of compensation, any such grantee
 shall pay annually such fixed the franchise ordinance. Whenever any such grant, right privilege or franchise provides for the payment of a per cens Of the gross receipts, such grantee shall make and report to the commission all It's gross earnings once in six months,
 and pay into the treasury the amounts que such city at the time said report is made. Said commission shall also have access to and the right to examine all books. receipts. files, records and docu- | rntDts of any such grantees to verify the correctness of such semi-annual state | monts and to correct the same if found | 10 be erroneous. If such statement of | ear nings be incorrect, then such payment | shall be made upon such corrected state ment. Every ordinance granting any | franchise may provide that at the explra- t'cn of the period for which the franchise
 was granted. or at any time before. as | stated in the ordinance, the city, at It's
 election and upon the payment of fair valuation therefor to be made in the manner provided in the ordinance mass-
 tug the grant. may purchase and take
 over to itself the property and plant of
 the grantee in its entirety, but in no cara shall the value of the franchise of the
 grantee be considered or taken into ac- | count in fixing such valuation. Or it | may be provided in the ordinance grant, | ing any franchise that the property and plant of the grantee shall at the expira- tion of the period for which the franchise was granted, become the property of the flaf finrl ta f1..a grantee. Every ordinance granting any franchise may further provide that upon the payment by the city of fair valua- ton in the manner provided in the ordi-
 nance, the plant and the property of the grantee shall become the property of tho city by virtue of the grant in payment |thereunder, and without tho execution of any instrument or conveyance; or in case 1t is provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expira- ticn of the period for which 1t was grant ed become the property of the city with out any compensation to the grantee the property and plant of the grantee shall
 then become the property of the city by virtue of the grant and without the execu- ton of any instrument or conveyance. No franchise granted by the city shall ever be leased, assigned or otherwise alienated without the express consent of the city. and no dealing with the lessee or assignee on the part of the city 60 require the performance of any act or payment of any compensation by the lessee or as- siSDee, shall be deemed to operate as such consent. Where the municipality ,s the owner of and operates public utility plant, no franchise shall be granted to any person or corporation to operate any competitive plant unless approved first by a vote of the majority of the qualified electors of such municipality, at an elec- ton held in accordance with the pro- visions of this act.
 Sec SIe That for the advancement of the interest ofthe city the commissioners may make expenditures for the advertise. ment of the advantages of the locality and may make contributions together with It's commercial organization for that purpose.
 Sec Q. In every city which shall become organized according to the provisions of this act, an initial election shall be held on the third Monday in September, 19i5 and when no majority is secured, then an election shall be had as provided in sec ticn 10 of this act, and on the third Mon
 day in September of every succeeding fourth year for the election of three com
 mirsoners, and of the three commission CTS elected that one who received the
 highest number of votes at the initial
 election shall be president of the com
 rutssion, and shall have all the powers of the president herein provided for tn
 this act. The commissioners then elected
 shall hold office for the term of four
 years from the first Monday in October,
 1915, and until their successors are elected
 and shall qualify for office. Any person