The Birmingham age-herald., 1917-04-27
Ordinance No. 477-C.

Granting the Southern Railway com pany franchise 10 construct, maln- tain and operate connecting tracls
 2J6 feet in length and crossing Twenty-fourth street between Pow ell avenue and Morria avenue. Be 1t ordained, by the commission of
 the city of Birmingham, as follows:
 Section l. That the right. power and authority is hereby granted to the South i ern Railway company, it's successors, ii- censees, lessees and assigns 10 construct. maintain. operate and use cross-over or connecting track 256 feet in length, con meeting the main house lead Of the South ern Railway company with the first yard track Of the Alabama Great Southern Railroad company, north of the northery teamway of the Southern Railway com pany, located between Twenty-third and Twenty-fourth streets, north of Powell avenue, in subdivision II of Block l14, as shown on the map, plan and survey of the Elyton Land company of the city of Bir mingham. the proposed cross-over to ex- l tend across Twenty-fourth street. form ! ing continuation of the Southern Rail- way company's present main house lead. the portion of the cross-oyer within tho 1 limits of Twenty-fourth street. being e!ghty-three and five-tenths (S3.5) feet
 in length. all as shown fin red on blue print map prepared by the resident engi- neer of the Southern Railway company. 1 Birming gham, Ala, file No. 551, copy of which has this day been filed with the city clerk
 Sec. 2 Said track shall be constructed and maintained in such manner as to ! impede as little possible travel along and across the public highway along which said track shall be located, and in ! accordance with the grades now or here | after established, and the said Southern Railway company, it's successors and as 1 signs. shall at all times keep said track At | between lines drawn parallel to and IS l inches from the outside edge of the rails of said track in safe and proper condi- tion.
 Sec. 8. The grantee shall within 10 daSrx l from the date hereof file with the city 1 clerk a written acceptance of the terms and provisions of this franchise, which
 shall be perpetual, and shall pay into the | city treasury the sum of one hundred dollars (s1oO0o) as consideration there | for
 l Sec. {. The rights hereby granted shall 1 be had and exercised by the grantee sub iect to the police power of the city of Birmingham now or hereafter conferred | on 1t by law.
 1 Sec. 5. The city of Birmingham reserves
 the right to change the grade of the ! street over and upon which the said rail- way Is to be constructed, and also re- serves the right to change the grade of any street or avenue crossed by said rail-
 way to be constructed under this fran chise. and said power to change the grade
 shall be continuing power and shall not
 be exhausted by the exercise thereof Sec. 8. That in the event the city of Bir- mingham shall change the grade of said street or any intersecting street or ave nue, the grantee may be required at ita l expense to rebuild it's tracks so as to con-
 form to the grade so established or changed.
 Sec. '. Tn the event that at any time 1 in the future the city of Birmingham shall adopt an ordinance for the separa- ton of the grade of the street along 1 which said railway shall be constructed
 at its intersection with any intersecting street and avenue so as to necessitase the construction of any viaduct or under l pass or any other facilities for grade sep aration, nothing herein contained and no
 right hereby granted shall be construed | to effect the right of the city of Bir- ningham to enact such ordinance. nor
 to exempt the grantee from the opera
 ton thereof, or from the duty of con- l forming thereto.
 l Sec 8. This ordinance shall be wh My
 void and of no effect unless the railway hereby enfranchised shall be constructed and put into operation within 12 months from the passage and publication of this | ordinance.
 Sec g. The grantee shall pay the ex- | and for such purpose shall deposit with the city comptroller the sum of fifteen
 dollars ts15.00) to cover the cost of such publication, and any unexpended balance
 shall be returned by the comptroller to l the grantee after the cost of such pub 1 lication has been ascertained, and any deficiency in the amount of said deposit
 shall be supplemented by the grantee on 1 demand, after the cost of such publica- | tion shall have been ascertained. l. Approved April 1S 1917
 GEORGE B. WARD
 President Board of Commissioners l A true copy:
 1 c. B. LLOYD City Clerk.