The Birmingham age-herald., 1917-01-25
CITY ORDINANCES


 ration of the grade of the street along which said railway shall be construct ed at it's intersection with said rail- way so as to necessitate the construc- ton of any viaduct or underpass or other facilities for grade separation, nothing contained in this ordinance and no right hereby granted shall be construed to affect the right of the city of Birmingham to enact such ordi- nance, nor to exempt the grantee from the operation thereof, or from the duty of conforming thereto
 Sec. 8. This franchise shall be wholly void and of no effect unless the spur track hereby franchised shall be con. structed and put into operation within 12 months from the passage and pub lication of this ordinance
 Sec. 9. The grantee shall pay the ex- pense of the publication of this ordi- nance and for such purpose shall de- posit with the city comptroller the sum of fifteen dollars (s15) to defray the cost of such publication, and any UneXpended balance shall be returned by the comptroller to the grantee after the cost of such publication shall have been ascertained, and the deficiency in the amount of said deposit shall be supplemented on demand. after the cost of such publication shall have been ascertained.
 Sec. 10. The grantee shall within 10 days from the date of the adoption of this ordinance. file with the city clerk a written acceptance of the terms and provisions of this franchise, which franchise shall be perpetual, and shall pay into the city treasury, as con sideration for the granting of this franchise. the sum of one hundred ($100) dollars.
 Sec. II. If the city of Birmin gham shall hereafter improve or reimprove any of the streets on which said rail- road track or tracks shall hereafter be located, under the authority of ex- isting laws or under any general law of the state hereafter enacted. > the cost of such improvement, except storm water and sanitary sewers between the tracks and the rails of the track and in case there are two or more tracks. the space between such tracks ard IS inches on each side of the tracks, including switches, and turn outs, shall be paid by the grantee herein and shall be assessed against and form a lien upon said railroad and the property connected herewith and in the event that storm water sewers are constructed which drain the street or avenue or rights of way un- der which said railroad is constructed, there shall be assessed against such railroad fair and just proportion of the cost of construction of such sewer to be determined by the governing body of the city, and such assessment shall be lien like other assessments and may be collected in like manner and upon the failure of the grantee, or it's successors and assigns, to pay such assessment levied as provided in this section, or to appeal from the levy of said assessment within 20 days after the same shall have been made final or to promptly pay any amount ad- judged to be due upon any appeal from the levy of said assessment, then the city may collect the same with in terest, provided by law, by an action at law in the nature of an action of debt, in which the city may obtain a personal judgment against the grantee herein, or execution or other process, such as is proper in such actions to enforce such judgment as may be ob- tained, or said city may enforce said lien in equity. either by sale of the whole of the right of way and prop erty and franchises of said railroad, or such part thereof as may be neces- sary to collect said assessment, or by a receivership and the sequestra- ton of the income or earnings, or both, of said railroad, and whenever the city shall determine to improve or reimprove said street the grantee here in shall be required to prepare or con struct its tracks for the receipt of such paving or other improvements, in accordance with the plans and specifi- cations which may hereafter be adopt ed providing for such improvements
 Approved January 24. 1917.
 GEORGE E WARD, President Board of Commissioners. true copy:
 c. B. LLOYD, City Clerk
 AgeHerald January 25, February