The Birmingham age-herald., 1906-02-23
The Ordinance.

Section 1. Be 1t ordained by the Mayor and Aldermen of Birmingham, that the Birmingham Terminal company be and is hereby authorized to construct, or to cause to be constructed, q subway, tun- mel or other way of sufficient width and sufficient depth, within the boundaries of Fifth avenue and between Twenty-fifth and Twenty-eighth streets inclusive, as a public highway forming part of Fifth avenue, which shall pass underneath and extend across Twenty-sxth and Twenty seventh streets at the intersection of Fifth avenue and underneath the Union Passenger station carshed, structure, tracks and plant proposed to be erected by the said Birmingham Terminal com pany on the tract of land, or some part of the tract of land owned by 1t in the city, and which is bounded on the east by Twenty-seventh street and on the west by Twenty-sXth street. and on the north by Seventh avenue and on the south by Second avenue, which said subway, tunnel or way shall afford safe and convenient passage to the public for vehicles and foot passengers, without Interruption or obstruction by reason of railroad grade crossings or other structures.
 Sec. 2. Be 1t further ordained, that for the purpose of providing for the subway, tunnel or way, and of properly construct ing the same, as authorized by section 1 of this ordinance, said Birmingham Ter minal company is hereby authorized and empowered to widen Fifth avenue by ac- qulring, or by causing to be acquired for the city by purchase, condemnation or otherwise a strip of land of the uni form width of 50 feet of the south front nf hlOpk R a<tandinp frWpntU- fifth and Twenty-sixth streets, and a strip of land of the uniform width of 50 feet off the south front of block 213 extending between Twenty-seventh and Twenty eighth streets, in said city or as much thereof as may be necessary which said strips, when so acquired, shall be con- veyed and dedicated to the city, and shall be part of Fifth avenue but that part of Fifth avenue, which under the provis- sion of this ordinance, shall constitute the main part of said subway, tunnel or way underneath said Union Passenger station and Twenty-sixth and Twenty seventh streets. and extending from about the western boundary line of Twen- ty-siXth street to about the eastern boun- diary line of Twenty-seventh street, shall be and constitute Fifth avenue between said points. provided that the execution of the power conferred by and the carry
  this section and section 1 of this ordinance shall be free of cost, expense or liability to the city, and shall be under the super vision and direction of the Board of Al dermen.
 Streets and Alleyways.
 Sec. B. Be it further ordained that the said Birmingham Terminal company, it's successors and assigns, be and it Is hereby granted the right of franchise to construct, maintain and operate it's union passenger station with necessary ways, works, machinery or plant, including car sheds and other appropriate structures pertinent thereto, and that the railroad track affording ingress and egress to and from said station and car shed over and across said subway tunnel or other way constituting a part of Fifth ave- nue as her einabove provided for between Twenty-sixth and Twenty-seventh streets. inclusive; and also upon and across lne alley way of blocks 204, 2O5 and 2O6, and upon and across Third. Fourth and Sixth avenues between Twenty sixth and Twen- ty-seventh streets in said city, which said alley ways and streets have never been opened and used. also the rights either directly, or by and through any of the