The Birmingham age-herald., 1917-03-22
CITY ORDINANCES

| Ing and other matters and things re- | quired in and about such construction, | and for their account to disburse any
 and all moneys received by the South
 ern Railway company, to be by it applied | toward the cost of such construction, 1 and to do any and all things which may be required to be done in order to com l ply with this agreement and to enter
 into the covenants of this agreement as | their said agent and in theIr behalf
 1 2. The Southern Railway company l agrees to build, construct and erect
 along Twentyfirst street. from the south
 line of First avenue, north, to the inter section of said Twenty first street with the north line of said railroad properties, l thence Southwardly and across sald ran-
 road properties to the intersection of the south line of said railroad properties
 with said Twenty-first street thence southwardly along said IWenty-lrsl
 street to a point 16 feet south or the center line of First avenue, south i'
 the city of Birmingham, reinforced concrete bridge viaduct with the hec- | essary approac ches thereto, all Tn ac- cordance with the terms and condluohs | of this agreement and according to tue plans and specifications of said viaduct | prepared by the engineering department | of the Southern Railway company ana submitted to the city engineer of the
 
 thorized officers of the respective partles | of the second part, and by each of sald l officers approved in writing prior to the l execution hereof by each party herelo' and which said plans and specllicatlons | as so approved are hereby made part | hereof The Southern Railway company agrees to immediately let the contract l for the construction of said Vladuct anu | to commence such construction as soon ie later than three months from the date of this agreement, unless prevented from so doing by the order of some court, or by strike, rlot, storm cyclone, earthquake or the acs I of God or of the public enemy, or by some unforeseen occurrence beyond US control and to diligently prosecute the construction thereof to completion, sub iect to such delay as may be caused py the order of some court or by strlke' riot storm, cyclone, earthquake or the act of God or of the public enemy, or by other unforeseen occurrence beyond l it's control. Upon the completion of said viaduct the same shall be a public high way in lieu of the present viaduct or bridge along, over and across said loca- cations as the same is now used and
 constructed, and in lieu of that portion of Twenty-first street as now dedicated, which is vacated all as above set forth The city expressly reserves the right as to that portion of the street so vacated of ingress to and egress from the same by the city, its agents, servants and em- ployes, for the purpose of making all necessary examinations of and repairs to said viaduct, and the city further ex- pressly reserves the right to use the space underneath said viaduct between the north line of Morris avenue and line eighty-two and one-half (S219 feet
 north of the north line of Morris ave- nue, when the said viaduct shall have been constructed, for the storage of any public property belonging to the city of Birmingham, or for any other munich pal purpose that in the discretion of the city of Birmingham may seem ad- visable or eXpedient The city further expressly reserves the right to con- struct, maintain and operate and to
 grant to any other person. firm or cor
 pora ton any franchise, permit, license
 or right to construct maintain and op-
 crate upon said viaduct or bridge tracks,
 railways or street railways, and the right
 to itself construct, maintain and operate,
 and to grant to any other person, firm
 or corporation any franchise, permit,
 license or right to construct, maintain
 and operate, upon and attached to said
 viaduct or bridge in such manner as may
 be approved by the city, electric trans
 mission cables and wires telephone and
 
 and all other similar public utilities. The
 city further expressly reserves the right
 to construct maintain and operate and
 to grant to any other person, firm or corporation any franchise, permit license
 or right to construct, maintain and op-
 crate under said viaduct and along said
 portions of said Twenty-first street va
 cated as hereinabove set forth, storm and sanitary sewers, water and gas
 mains and pipes and private connections
 with any and all of the same, provided
 that the same shall not be constructed
 upon said railroad properties without the
 consent and grant of right thereto ot
 the owner or owners of the lands upon
 which the same may be proposed to be
 constructed being first obtained The
 city further expressly reserves the right
 as to that portion of said Twenty-first
 street so vacated of ingress and egress
 to and from the same by it's agents,
 servants or employees. and by the ser
 wants. agents and employees of the
 grantees of any such franchise, permit, license or right for the purpose of ex-
 amining. repairing, constructing, recon structing and maintaining the same. Provided, however, that all of the said foregoing rights herein and hereby re- served shall be exercised in such manner as not to interfere with the operations of the said parties of the second part
 8. The Southern Railway company shall have entire supervision and control of the construction of said viaduct save and except that the original construction contract or contracts let therefor. and any changes made or proposed to be made in the plans and specifications. hereinabove referred to, during the course of such construction, shall be sub mitted to the city engineer and his ap- proval thereof in writing first obtained before the construction shall proceed in accordance with such changes. The city of Birmingham shall have the right to place, at it's own expense, and as no part of the cost of construction of said via duct or bridge, an inspector or inspec- tors of it's own selection upon the work for the purpose of seeing that the con- struction, contract plans and specified tions are carried out, but such inspector or inspectors shall have no right to give any order or direction to the contractor or to the foreman. superintendent or manager of the work. but shall report to the city engineer who shall in turn con fer with the engineer of construction placed in charge of said work by the said Southern Railway company The Southern Railway company shall collect and disburse all moneys necessary to be disbursed in and about the construc- non Of said vaduct and shall have the right to itself construct said viaduct or to furnish such material as it may see Tit, or to- let to such persons or corpor- ations as it may see fit contracts cover ing such construction, and shall make |all contracts for labor material, engi- neering and other matters and things required in and about such construction 4. It is agreed between the parties that the cost of such construction shall