The Birmingham age-herald., 1917-02-09
CITY ORDINANCES
Ordinance No. 4h2-C


 An ordinance granting to the Southern
 Railway company franchise to con-
 struct, maintain and operate a spur
 track at East Birmingham from the
 connection with its WoOdlawn-Bes-
 semer branch along FOrtietb place
 or Copeland street to the property
 of StockhRm Pipe and Fittings cOm-
 pany.
 Be it ordained by the commission of the city of Birmingham as follows:
 Section L The right. power and au- thority is hereby granted to the Southern Railway company, it's successors, H. .censees, lessees and assigns to construct, maintain, operate and use the following described spur track along Bor1ieth place, formerly Copeland street, and across Ninth and Tenth avenues, and the alleys on either side of Tenth avenue, all as shown by the plats of Copeland's ad- dition to Kingston, recorded in map book 10, at pages 26 and 80. in the office of the probate judge of Jefferson county, Ala bama, viz:
 A spur turning out from the main track of the Woodlawn- -Bessemer branch of the Southern railway, 210 feet, more or less. east of mile post 1-SA, thence by a 12-degree curve to the right in north erly direction to the center of Fortieth place, formerly Copeland street. thence north along the center line of Fortieth place, formerly Copeland street, across Ninth and Tenth avenues, and the alleys on either side of Tenth avenue, to a point approximately 200 feet south of the south line of Eleventh avenue, all as shown by the blue print marked Exhibit A, attached hereto and made part hereof.
 Sec. 9 Said spur track shall be con- structed and maintained in such a man ner as to impede as little as possible travel along and across the public high ways, streets, alleys and public grounds in and along which said spur track shall be located, and in accordance with the grades now or hereafter established, and the said Southern Railway company, its successors and assigns. shall at all times keep said spur track and the portions of the highway lying between lines drawn parallel to and IS inches from the out side edge of the rails of said track, in a safe and proper condition.
 Sec. B. The grantee shall, within 10 days from the date hereof file with the city clerk a written acceptance of the terms and provisions of this franchise, which shall be perpetual, and shall pay into the city treasury the sum of two hundred dol- lars ($200.00 as a consideration therefor.
 Sec. 4. The rights herein granted shall be had and exercised by the grantee sub ject to the police power of the city of Birmingham now or hereafter conferred on it by law.
 Sec. D. The city of Birmingham reserves the right to change the grade of the streets over and upon which the said railway is to be constructed. and also re- serves the right to change the grade of any street or avenue crossed by said railway to be constructed under this franchise, and said power to change the grade shall be a continuing power, and shall not be exhausted by the exercise thereof.
 Sec. 6. That in the event the city of Bir- mingham shall change the grade of said street or any intersecting street or ave- nue, the grantee may be required at his own expense, to rebuild its tracks so as to conform to the grade so established or changed.
 Sec. T. In the event that at any time In the future the city of Birmingham shall adopt an ordinance for the separation of the grade of the street along which said railway shall be constructed at it's in- tersection with any intersecting streets or avenues, so as to necessitate the con- struction of any viaduct or underpass, or any other facilities for grade separa- ton, nothing contained in this ordinance and no right hereby granted shall be construed to affect the right of the city of Birmingham to enact such ordinance, nor to exempt the grantee from the opera ton thereof, or from the duty of con- forming thereto
 Sec. 8. This franchise shall be wholly void and of no effect unless the railway hereby franchised shall be constructed and put into operation within 12 months from the passage and publication of this ordinance.
 Sec. g. The grantee herein shall pay the expense of the publication of thIs or dinance, and for such purpose shall de- posit with the city comptroller the sum of fifteen dollars ($15.0O) to defray the cost of such publication, and any unex- pended balance shall be returned by the comptroller to the grantee after the cost of such publication only ascertained, and any deficiency in the amount of said de- posit shall be supplemented by the gran tee on demand after the cost of such publication shall have been ascertained.
 Approved January 24, 1917.
 GEORGE B. WARD.
 President Board of Commissioners.
 A true copy:
 c. B. LLOYD. City Clerk.