The Birmingham age-herald., 1921-10-29

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the present law conferring exclusive Jurisdiction as to rates and service on the Ala bama Public Service Commission is repealed or amended so as to with draw such Jurisdiction from the said Commission either in whole or in part, and such Jurisdiction is not con- ferred on any other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 con- ferred omit by law.
 Sec. $. 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- curlty, in the penal sum of two thousand dollars. that they will com plete 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- qured, said City shall declare satd bond satisfied. h
 Sec. !. The said grantees, thetf successors and assigns, shall pay 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 the said grantees, their successors and assigns, and shall likewise dee 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- ton, maintenance or operation OF 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. (a) 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 maintain one cross-arm on each pole for the use of the City for its 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- 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 tho City of Birmingham.
 Sec. 10. It is expressly under stood and provided that no provision of this franchise shall De 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 lcgis- lative limitations.
 Sec. Il. The street railway hereby authorized shall by suitable and valid arrangement made by the grantee with the Birmingham Railway, Light and Power Company and its Receiver, which shall be binding on the suc- cessors and assigns of the Birming- ham Railway Light and Power Com pany and its Receiver, be operated as part of the Norwood line of the said Birmingham Railway, Light and Power Company and as an extension thereof; and cars sufficient in num- Der to reasonably provide for the traffic to and from the territory served by the line hereby auth orized. shall be operated on reasonable schedule from a point within thescen- tral section of the City as defined by Ordinance 53-C Gas follows, that area of the City of Birmingham bounded on the north by the north line of Fourth avenue, north, on the east by the east line of Twenty-third street, on the south by the south line of First avenue. north, and on the west by the west line of Seventeenth street) through, without transfer, to the terminus of the line hereby au- thorized at or near Thirty-second street. The through fare to be charged over the street railway line hereby authorized to thei said cen tral section of the city shall not ex- ceed for each passenger the amount of the single fare which may be in force at the time over the lines of the Birmingham Railway, Light and Power Company. its successors and assigns. This section shall not be construed to renew, extend or con- tinue the franchise of the Norwood line of the Birmingham Railway, Light and Power Company.
 Sec. 12. The rights, privileges and franchises herein granted are made subject to the faithful performance by said grantee. its successors and assigns, and each and all of the con- ditions herein set forth
 Sec. 13. The grantee shall pay the expense of the publication of this or dinance, and for this purpose shall deposit with the City Comptroller the sum of Fifty t$5o,o0) dollars to defray the cost of such publication. and eany unexpended balance shall be returned by the City Comptroller to the grantee after the cost of such publication shall have been ascAr- tained and any deficiency in the amount of said deposit shall be sup plerAe ented on demand. after the cost of such publication shall have been ascertained.
 Sec. IA. The grantee shall within ten days of the date of the adontiou