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

eSted in any property damaged by the construction of said viaduct, includ ing amounts paid or required to be paid as damages suffered by property abutting on said viaduct or bridge from the temporary or permanent con structon and maintenance thereof and no part of such damages shall be in cluded in the cost of construction ex cept that the cost of procuring a re- lease from such abutting damages from Steiner Brothers to the extent of not more than fifteen hundred (s150O) dollars shall be calculated and included within the cost of construc tion, as hereinabove used, and such eX- pense shall be borne by the city and the parties of the second part hereto in the proportion hereinabove set forth. After the construction of said vtaduct has been completed, the par ties of the second part, their successors and assigns, shall be under no obli- cations and shall not be called upon to contribute toward the cost of main- taining the same. the city hereby agreeing to maintain the same: pro- vided however that as often as the city shall require the repaving of the roadway of said viaduct that the cost of such repavng, with the exception of the repaving of the space between railway tracks and IS inches from the outside rail of each track, if railway tracks are hereafter located on said viaduct, and except such part of such roadway as may be legally assessed against abutting property, shall be borne by the city and the parties of the second part in the same propor- tion as the cost of the original con struction of said viaduct, and provided, further. that the cost of repairs to said viaduct made necessary by de- fective workmanship or material shall be borne by the city and the parties of the second part in the same pro- portion as the cost of the original con- struction of said viaduct provided that any injury to the said structure caused by the operations of any party of the second part shall be repaired at the sole expense of the party causing same. Nothing herein contained shall be con- strued to oblisate any of the parties hereto to pay the cost of grading, paving, repaying or otherwise improv- ing the space lying under said viaduct. The performance of obligations on it's part herein contained by the Seaboard Air Line Railway company shall fully satisfy and discharge any existing or future obligations on it's part to the city of Birmingham with reference to the construction of that part of said viaduct adjoining and over it's tracks on said First avenue south and
 
 struction at the intersection of said TWenty-frst street and First avenue, south, under existing contracts with the city, excepting only such obliga- tions as it may be subject to under existing contracts to maintain the re- taining walls either side of it's tracks under the proposed bridge or viaduct.
 }. The Southern Railway company agrees to pay the cost of construction of said. viaduct as hereinbefore defined, as and when any amounts included n such cost shall become due and pay able, and the city agrees to pay to the Southern Railway company the por- tion of the cost of construction of said Vladuct hereinabove agreed to be paid by the city Chat is to say, sum equal to twenty per cent-20 per cent-of the total cost or construction there of. IS determined as aforesaid) in five equal annual installments, the first of said installments to be paid one year from the date of the completion of the work of construction of said viaduct and the other installments to be paid two. three. four and five years re- spectively, from said date. and to pay to the Southern Railway company in- terest thereon semi annually at the rate of five per centum 6 per centum) per annum and to execute and deliver to or upon the order of the Southern Railway company the city's valid, legal and binding obligations evidencing and not exceeding the total amount of said indebtedness, bearing interest at the rate Of five per centum 6 per centum) per annum payable semi annually as aforesaid, the principal and interest thereof to be payable to such persons or corporations and in such face amounts as may be ordered by the southern Railway company, and said obligations to be in form satisfactory to counsel for the Southern Railway company. In arriving at the amount so to be paid by the city to the South ern Railway company interest shall be added to the amount paid from time to time by the Southern Railway com pany on account of the portion of cost Of construction of said viaduct so agreed to be paid by the city at the rate of five per centum G per centum) per annum, upon the respective sums so paid by the Southern Railway com pany from the date of each such pay ment to the date of the completion of the work of construction, as afore- said
 g. The city. the Louisville and Nash vlie Railroad company, the Southern Railway company, the Alabama Great southern Railroad company and the Sea board Air Line Railway company do each hereby waive any and all claims as abutting property owners for dam ages arising out of the construction of said viaduct to any property owned. held or leased by them or any of them. and In which they or any of them have an interest and the city, in consideration thefeof, agrees to release, and does here py release, to the owners of property abuttlng said structure the fee of the portions of said Twenty first street so vacated, reserving, however, the rights referred to in this contract which are reserved herein and in the ordinance vacating said street as herenaboye set forth. Each of the parties of the sec ond part does hereby grant to the city or Birmingham the perpetual right and easement to construct, reconstruct, main- talh ana repair the necessary pillars and supports for said viaduct or bridge upon the properties of such party as shown upon the plans and as provided in the specifications for said viaduct or bridge approved by the parties as herein re- cited, and the further perpetual right ana easement to maintain, reconstruct and repair over such part of the prop erty of saH parties as is crossed by said V'aouct or bridge, a public highway at the grade of said viaduct or bridge as shown in said plans and provided in said speci- heatlons. and the further right to the said city of Birmingham, it's agents, ser- wants and employees, of egress to and egress rom the said properties for the purpose of inspecting, repairing and re- constructing the said viaduct: provided. however that such rights shall be ex- ercised in such manner as not to inter- fere with the operations of the said parties of the second part