The Birmingham age-herald., 1921-11-05


 ty-second street, provided, however that no switch or turnout nor mora than one track shall be maintained in Vanderbilt Road between the south line of Twelfth avenue and the South line of Norwood Boulevard
 Sec. ?. That the said Norwood Street Railway Company shall, within four months from the passage of this or dinance. submit the plans and speci- fications for the cons truction of said electric street railway to the City Engineer of the City of Birmingham for his approval. alteration or amend ment, which plans and specifications shall accord with approved methods of construction of such lines under like conditions. Said street railway shall be completed and in operation within one year after the approval oS said plans and specifications by said City Engineer.
 Sec. 3. 1a) The said street rail way or railways herein authorized shall be constructed, operated and maintained in accordance with this ordinance, and with the general laws and ordinances now in force. or any lawful or valid laws or ordinances which may be hereafter enacted to regulate the construction, mainte- nance and operation of street rail-
 
 struction herein authorized shall be subject to the supervision and in- spection of the City Engineer. whose duty 1t shall be to see that said work Is done strictly in accordance with the terms hereof That the con- struction on Vanderbilt Road shali be carried on as expeditiously and with as little inconvenience to traf- fife as possible; that immediately aft a- h. Rlr fa derbflt Road, the pavement removed and such additional pavement as 'n the opinion of the City Engineer 1t 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 nlay prescribe.
 (b) At all street, avenue, alley or other highway or public way in- tersections the said grantees, their successors and assigns. shall lay the tracks of said line upon grade, and ballast and surface them with such material and in a manner satisfactory to the City of Birmingham; and shall maintain the baliasting and surface between each of said tracks and be- tween the rails of said tracks, For eighteen t1S) inches on each side thereof, 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 any part of the fight of way hereby granted, a fair proportion of the cost of constructing such storm sewer shall be paid by the grantees herein. or by their successors and assigns. and such cost may be assessed against the right-of- way, the franchises hereby granted. and the tracks to be constructed thereon. and the said cost shall be lien thereon. when so assessed. prior to all other liens ex- cept liens for taxes,
 Sec. 5. In the event the present law comforting exclusive jurisdiction as to rates and service on the Ala bama Public Service Commission Is repealed or amended so as to with draw such Jurisdiction from the said
 
 part, and such Jurisdiction is not con- ferred on any other similar regula- tory commission or body or board, then the City of Birmingham shall have such powers as 1t possessed un- der the law as it existed at the time of the passage of the law conferring exclusive jurisdiction as to service and rates on the Alabama Public Ser vice Commission, and such other and additional powers as may be com ferred on 1t by law.
 Sec. 6. And tho 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 of said line in a 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 assings. and the said City of Birmingham shall be judge of said condition. And upon the 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. I. The said grantees, their successors and assigns, shall pay all such damages as may be awarded against the City Of Birmingham as proximate consequence of the com struction, operation or maintenance of said railway or appurtenances by the said grantees, their successors and assigns, and shall likewise de- fend any suit 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, or upon any defect or negligence due to the default of such grantees, their successors or assigns, in the ways. works or machinery, or in construc- tion. maintenance or operation O. said railway or railways, upon due notice thereof, and shall pay all 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. 8. 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. its success ors and assigns shall furnish and maintain one cross-arm on each pole for the use of the City for it's police 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-