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

pany, railroad corporation duly or ganiZed under the laws of the state | of Kentucky, and duly authorized to l do business in the state of Alabama; ! the Southern Railway company, a rall- 1 road corporation duly organized under l the laws of the state of Virginia and | duly authorized to do business in the l state of Alabama. the Alabama Great 1 Southern Railroad company, railroad l corporation duly organized under the
 laws of the state of Alabama, and the Seaboard Air Line Railway company, ] railroad corporation duly organized under the laws of the state of Virginia,
 and duly authorized to do business in
 the state of Alabama. parties of the second part;
 1 Witnesseth
 Whereas the above named parties of the second part each own and oper- l ate certain railroad tracks in the city of Birmingham located between the | termini of the viaduct hereinafter 1 mentioned; and
 ] Whereas. the said parties of the sec | ond part are the owners of the lands on which the said tracks are located, | and certain other lands adjacent there | to. and are the owners of certain | buildings and improvements located on l said lands; and the Southern Railway l company owns franchise along | Powell avenue and across Twenty first street for a width of twentysix (263 1 feet. which said franchise is hereby ! confirmed; and.
 Whereas there was heretofore con- structed over said tracks a metal via | duct beginning near the south prop l erty line of First avenue, north, and running southwardly along Twenty | first street and over said railroad prop critics for width of forty and one half (4015) feet to point about 16 l feet south of the center of First ave- nue. south; and,
 Whereas. the parties of the second part contend that there has never been a lawful dedication of a street or public highway at grade between the intersection of Twenty-first street in the city of Birmingham, with the north line of said railroad properties, which said line is eightytwo and one half (82R) feet south of the south line of Morris avenue. in said city. and the intersection of said Twenty first street with the south line of said rafl- road properties. which said line Is the north line of Powell avenue, and that there Is not now public highway at grade over said railroad properties between said points; and,
 Whereas heretofore. on. to-wit the 18th day of August, 1916. the commits sion of the city of Birmingham adopt ed resolution instructing the presi- dent of said commission to attempt to acquire the right to remove said 1 metal viaduct or bridge now loca ted
 on said Twenty first street and over said railroad properties, and to sub stitute in lieu thereof a reinforced con- crete viaduct for the full width of Twenty-f1 first street, which said reso- I luton is recorded on the minutes of the meetings of the commission of the
 clty or Birmingham in minutes book
 ", pages 216 and 217; and.
 Whereas, heretofore and on, to-wit, the zoth day Of June, 1916, the said commits sloh Of the city of Birmingham did adopt an ordinance or resolution approving plans prepared by the engineering de- partment of said city covering the con- struction of proposed new Viaduct or bridge on and over the locations here lnabove referred to. which said ordinance or resolution is recorded on the minutes or meetings of the commission of the city of Birmingham In Minute Book 'W." page no, and under the agreement of the parties hereto herein contained said plans so approved have been amplifed and the details thereof supplied, but re- main in substantial accordance with the plans so prepared by the engineering de- partment of said city; and,
 Whereas, the parties of the second part affected by said resolution were advised ps lHoH respective counsel, and contend that the city of Birmingham had no power to require the parties of the sec ond part or any of them at the sole expense of them or any of them to re- move said present viaduct or to require the parties of the second part to pay the expense, or any part of the expense of erecting in it's stead new viaduct and the institution by the city of Bir- mingham of proceedings to compel such nI- ~f sttuted would in any event result in long delay in the construction of said viaduct; and,
 Whereas the parties of the second part have proposed to the commission of the city of Birmingham that they will pro- ceed with the construction of a viaduct along the said Twenty-frst street south wardly from the south property line of First avenue, north, to the north line Of said railroad properties, and thence over said railroad properties, and thence along said Twenty-first street from the south line of said railroad properties to a point 16 feet south of the center of First avenue, south, and pay 80 per cent of the cost of constructing the same, pro- vlded that the city shall repeal the said resolutions and ordinance and enters into this agreement covering such eonstruc- ton, pursuant to the authority conferred by an act of the legislature of the state of Alabama, entitled,
 An act to authorize any city within thls state having a population of 100000 or more to construct and maintain or to cause to be constructed and main- tained, either by itself or jointly with persons or corporations owning or oper- ating railroads street railroads fac- tories or manufactures, subways, via duets or bridges >and their approaches over or under and across railroad tracks and contiguous lands within the city limits; to contract with such persons or corporations for the construction and maintenance of such subways, viaducts or bridges and approaches, and for the division of the cost of such construction and maintenance between the city and such persons or corporations; to vacate at grade the parts of the streets or other public highways for the whole width, or any portion thereof, over, along. under or across which such subways viaducts or bridges are con- structed, and also to vacate such parts of other streets and public highways in the vicinity of such subways, Viaducts or bridges as may be found and declared by the city council or other governing body of such city to be not then in fact open, or if open, not generally used by the public, though dedicated. the open ing and use of which may be found and declared by the city council or other governing body. to be unnecessary by reason of the construction of such sub- ways. viaducts or bridges. and the va cation of which may be called for by any such contract"
 which said act was approved April the 12th, 1911. and,