The Birmingham age-herald., 1921-10-22


 work is done strictly in accordance with the terms hereof. That the con struction on Vanderbilt Road shall be carried on as expeditiously and with as little inconvenience to traf- fic as possible; that immediately aft CT the track is constructed on Van derbilt Road, the pavement removed and such additional pavement As Tn
 the opinion of the City Engineer IL
 is necessary to reconstruct by reason of the construction of said track shall
 be reconstructed of such materials and according to such specifications as the City Engineer may prescribe.
 tbl At all street. avenue, alley or
 other highway or public way in-
 reactions the said grantees. their successors and assigns. shall lay tho
 tracks of said line upon grade, and
 ballast and surface them with such material and in manner satisfactory to the City of Birmingham; and shall maintain the ballasting and surface between each of said tracks and be- tween the rails of said tracks, -or eighteen (1S) inches on each side
 ereof, and for half the space be- tween said tracks and any other tracks authorized to be constructed on the same highway. so that persons and vehicles can have free and un- obstructed passage along and across said tracks. And the said grantees,
 their successors and assigns, shall make the said portions of said high
 ways conform to any change of grade now or hereafter established by said city.
 Sec. {. Whenever the said City shall cause any storm sewer to be constructed which shall drain sny
 part of the right of way hereby
 granted, fair proportion of the cost
 of constructing such storm sewer
 shall be naid by the grantees herein, or bv their successors and assigns.
 and such cost may be assessed ara'nst
 the right-of-way, the franchises herehv gwarted and the tracks to be
 constructed thereon. and the said cost shall he lien thereon, when so assessed prior 10 all other liens ex-
 cept Hens for taxes.
 Sec E. In the event the present law conserring exclusive Jurisdiction
 as to rates and service on the Ala
 bama Public Service Commission Is
 rerealed or amended so as to with
 draw such Jurisdiction from the said
 Commission either in whole or in
 rart, and such jurisdiction is not con
 ferred on any other similar regu'a- torv commission or body or board, then the City of Birm'n~ham shall
 have such rowers as 1t nossessed un- der the law as it existed al the time
 ot the passage of the law conferrirs exclusive Jurisdiction as to service a-a rates on the Alabama Public Ser vice Commission. and such other and additional powers as may be con- ferred on it by law.
 Sec. 6. And the grantees or their successors or assigns, shall also, upon the approval of their plans submitted as hereinbefore provided, enter into bond with good and sufficient se- curity, in the penal sum of two
 thousand dollars that they will com. plcte the work of construction or said line in workmanlike manner and promptly restore the roadway along the entire length thereof to the condition it was in before being dis turbed by them. the said grantees or their successors or assinEs: and the said City of Birmingham shall be judge of said condition. And upon khe application of said grantees, their successors or assigns the said City shall inspect said work. or cause the same to be inspected, and upon said work being completed as herein re-
 quired,. said City shall declare said bond satisfied.
 Sec T. The said grantees. their successors and assigns, shall pav all such damages as may be awarded against the City of Birmingham as proximate consequence of the con struction, operation or maintenance ! of said railway or appurtenances by l the said grantees, their successors ! and assigns. and shall likewise de-
 fend any s1it or suits that may be | brought, whether at law or in equity, against said City of Birmingham, based on any breach of duty by said grantees: their successors or assigns, CT upon any defect or negligence que to the default of such grantees, their successors or assigns, in the ways, 1 works or machinery, or in construc- 1 ton, maintenance or operation O. said railway or railways, upon due notice thereof. and shall pay all l damages and cost that may be awarded against the said City, and based upon such act, default or neg ligence of the said grantees, their successors or assigns.
 Sec. B. ta) The City of Birming- ham reserves the right to allow other tracks. wires and appliances to be constructed across said tracks, wires and appliances of said street rail way, at such points and in such manner as said City may direct. (b) And the grantee. it's success ors and assigns shall furnish and l maintain one cross arm on each pole for the use of the City for it's po,ice and fire alarm, telegraph or tele- phone systems
 Sec. g. The franchise hereby granted may be transferred, assigned or conveyed to the Birmingham
 Railway, Light and Power Company but shall not be transferred, as- signed or conveyed by the said Nor wood Street Railway Company to any other person, firm or corpora ton. association or trust without the
 consent of the City of Birmingham,
 Sec. 10. It is expressly under stood and provided that no provision of this franchise shall be construed to limit the right and power of the City of Birmingham reasonably to classify and tax or license the said grantees their successors and as- signs. with constitutional and legis- lative Limitations.
 Sec. II, The street railway hereby authorized shall by suitable and valid arrangement made by the granee with the Birmingham Railway Light and Power Company and its Receiver which shall be binding on the sue cessors and assigns of the Birming- ham Railway, Light and Power Com l pany and It's Receiver, be operated as a part Of the Norwood line Of the | said Birmingham Railway, Light and l Power Company and as an extension | thereof; and cars sufficient in mum l Der to reasonably provide for the | traffic to and from the territory served by the line hereby authorized, shall be operated on reasonable schedule from a point. within the cen | tral section of the City as defined by | Ordinance 53-C Gas follows. that area | of the City of Birmingham bounded l on the north by, the north line Of | Fourth avenue, north. on the east by | of TxUan4v-third Efrept