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


 viaduct or bridge along, over and
 across the locations upon which said new viaduct is to be constructed.
 Sec 4 Be it further ordained, That
 upon the completion of said viaduct
 in accordance with the requirements of said agreement there are hereby de- clared to be vacated at natural grade as street or public highway Twenty first street Ca) between the south boundary of First avenue. north, and point eighty-two and one-half (S21s) feet north of the north line of Morris avenue, and (b) between the north boundary. of Powell avenue and the north boundary of the common
 railroad. reservation as the same is
 known fin the plan and survey of the city of Birmingham. and which is com monly understood to extend on the north to a point eighty-two and one half (S21a) feet south of the south line of Morris avenue. Provided. however, i that the right to support, maintain. repair or reconstruct said viaduct, or l to cause the same to be done, shall l remain in the city and provided, that i said viaduct and it's approaches shall l constitute public highway in lieu 1 of and as a substitution for said por- tion of said public highway so va cated. and the portions of said high way not hereby expressly vacated shall remain a public highway, and further reserving to the city the right to use l the space underneath said viaduct be- | tween the north line of Morris avenue and line eighty-two and one-half | (S21s j. feet north of the north line of Morris avenue. when the said viaduct shall have been constructed, for the storage of any public property belong 1 ing to the city of Birmingham, or for any other municipal purpose that in the discretion of the city of Birming- ham may seem advisable or expedient, and further reserving the right to con- struct, maintain and operate and 70 grant to any other person. firm or cor pora tion, any franchise, permit, license or right to construct. maintain and operate upon said viaduct tracks, rail- ways or street railways. and the right to itself construct. maintain and oper- ate, and to grant to any other per- son, firm or corporation any franchise. permit. license or right to construct,
 maintain and operate upon and at tached to said viaduct. in such man. ner as may be approved by the city, electric transmission cables and wires, telephone and telegraph lines and con- duits, and any and all other similar public utilities. and further reserviny the right to construct. maintain and operate, and to grant to any other person, firm or corporation. any fran chise. permit. license or right to con- struct. maintain and operate under said viaduct and along said portion of said Twenty-frst street vacated as hereinabove provided, storm and san itary 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 the railroad properties lying under said | viaduct, without the asent and grant i of right thereto the owner or own | Xxhi may be proposed to be constructed be- ing first obtained and further reserv- l ing the right to that portion of Twenty first street vacated of in gress and egress to and from the same by it's agents, servants or employees, and by the agents, servants and em- ployes of the grantees of any such franchise. permit, license right for the purpose of examining, repairing, constructing, reconstructing and main- taining the same. Provided. however, that all of the said foregoing rights
 herein and hereby reserved shall be exercised in such manner as not to interfere with the operations of said | railroad companies. their successors and assigns, upon the said railroad properties. 4 Sec. ,. Be it further ordained, That that certain resolution adopted by the commission Of the city of Birmingham oh 'iio -'th udA ol august, l5ib, ana recorded on the minutes of the meet ings of the commission of the city of Birmingham in minute book ''W,' pages 21S and 217, and that certain ordinance or resolu- tion adopted by the commission of the city of Birmingham approving plans and specifications for a viaduct at Twenty first street and which is re- corded on the minutes of the meetings of the commission of the city of Bir- mingham in minute book "W" page 11o be. and the same are hereby, re- pealed.
 Approved March 21, 1917
 GEORGE B. WARD, President Board of Commissioners true copy:
 c. B. LLOYD. City Clerk