The Birmingham age-herald., 1917-04-20

more particularly appears in and by para graph l of said contract which is hereby referred to as if fully set out herein, and, ] Whereas, said Sloss-Sheffield Steel and l Iron company in pursuance of said con tract and agreement did cease to operate said beehive coke ovens. and, 1 Whereas, the president of the said Sloss- Sheffield Steel and Iron company 1 has stated it to be the purpose of that company to proceed actively to the full
 development of its plants and properties 1 to the extent that such properties jus l tify, and,
 Whereas, the president of said com pany has stated that the company is now proceeding to secure the advice of compe- l tent authorities regarding the develop
 ment which should be made and intends, upon the receipt of such advice, to pro- ceed to do such development work /, may then be determined upon, and which
 it may be able to carry out; | Now therefore. be it ordained, by the l commission of the city of Birmingham, as | follows:
 | Section 1. That the president of the | commission of the city of Birmingham | be and he is hereby authorized empow- 1 cred and directed to execute for and on behalf and in the name of the city Of Birmingham contract with the Sloss- | Sheffield Steel and Iron company in the ! following worlds
 1 State of Alabama, Jefferson County. Whereas, a state of war exists between Germany and the United States of Am. | erica, and
 Whereas, it is to the interest of the government of the United States that the
 properties of all industrial plants be worked to their maximum capacity, in order that all available iron may be produced and obtainable, and WberaaS tha coke SIlOplV in the dis trict is short, and it is now extremely diff fcult and will, perhaps, hereafter be impossible for the Sheffield Steel and Iron company to obtain a sufficient supply of coke to enable it to operate 1 it's furnaces to their maximum capacity ! and.
 ! Whereas. the Soss- Sheffield Steel and 1 Iron company desires to reopen it's bee hive coke ovens situated at its city fur naces on First avenue in the city of Bir- mingham, and operate the same so as to produce the maximum output of iron, and, i Whereas it is to the intevest and bene- 1 fit of the city of Birmingham and to the public in general, that the said Sloss- | Sheffield Steel and Iron company produce it's maximum output of coke and iron, and,
 Whereas the reopening of said beehive
 coke ovens will entail a large expense to the said Sloss- Sheffield Steel and Iron
 company, and,
 | Whereas, in pursuance of the terms of l a contract entered into by and between | the said city of Birmingham and the said Sloss- Sheffield Steel and Iron company, 1 on to-wit, June 27, 1913 the said Sloss- | Sheffield Steel and Iron company coven- anted and agreed with the said city of . Birmingham that it would cease oper- ating said coke ovens from and after the
 first day of January, 1914 or sooner as l txyfN arQ- graph 1 of said contract which is hereby referred to as if fully set out herein and. l Whereas, the said Sloss-Sheffield Steel and Iron company, in pursuance or said contract and agreement did cease to op-
 crate said beehive coke ovens. and, | Whereas, the president of the said Sloss- Sheffield Steel and Iron company l has stated it to be the purpose of that 1 company to proceed actively to the full
 development of it's plants and properties l to the extent that such properties justify and,
 1 Whereas, the president of said company | has stated that the company is now pro- l ceedng to secure the advice of competent
 authorities regarding the development ! which should be made. and intends, on the receipt of such advice, to proceed 70 the full development work as may then be determined upon, and which 1t may be able to carry out
 Now, therefore in consideration of the premises, the said city of Birming ham covenants and agrees to and with the said Sloss- Sheffield Steel and Iron conn pany as follows:
 l. The said Sloss- Sheffield Steel and Iron company may reopen and op- crate the said beehive coke ovens for the manufacture of coke for period not longer than three years from this date, lurless it should, in shorter time build
 a battery of by-product coke ovens and
 connect them up so as to gain a continu- ous supply of coke at its said furnaces
 for their operation, in which event the
 said Sheffield Steel and Iron com
 pany shall cease to operate its said bee hive coke ovens situated as aforesaid at it's said city furnaces provided. how ever, that if at the expiration Of said period of three years said battery or py- product coke ovens Is in course of con Istruction, but not completed, then said
 beehive coke ovens may be further op- erated until said battery of by-product coke ovens is completed, provided such
 work is prosecuted with diligence 10
 completion; provided, further, that noth- ing herein contained shall be construed
 as consent or authority on the part of
 the city of Birmingham authorizing the
 Sloss- Sheffield Steel and Iron company
 to construct said by-product coke ovens at said city furnace, but that question
 is left open for future decision should it
 arise.
 2. And said city of Birmingham
 further covenants and agrees that the op-
 eration of said beehive coke ovens during the time herenabove allowed shall in all
 respects be with the same authority and
 right as if the provisions hereof with re-
 spect to the time allowed for the opera tion of said beehive coke ovens should
 have been mentioned in the said prior
 contract between the parties, as the ul- innate date for the cessation Of the op- eration of said beehive coke oven plant, [ and during the period herein provided , shall not be presumed either conclusively
 or prima face to be a nuisance or abat-
 able as such. Provided however, that at and after the expiration of the time herein allowed the operation of said bee ' hive coke ovens on said lot shall be con
 ciusively presumed to be nuisance, ana , shall be abatable IS such. And the said Soss-Sheffield Steel and
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