The Birmingham age-herald., 1917-01-25
Ordinance No. 451-C

All OIuAhaACc STdntlnS 10 tHc AmcElcan Cast Iron Pipe company, a body cor porate, franchise to construct maintain and operate n spur track mt North Birmingham across Third street, west.
 Be it ordained, by the commission oi the city of Birmingham, Ala, as fol- lows:
 Section 1. That the right power and authority is hereby granted to the American Cast Iron Pipe company a body corporate, it's successors, li- censees, lessees and assigns, to con- struct, maintain and operate a single spur track of railroad branching off from a railroad of the Republic Iron and Steel company in section %, town ship IT, south, range 3, west, and run ming to the plant of the American Cast Iron Pipe company, and crossing Third street. west, at a point three hundred and five (305) feet south of the south line of the northeast quarter of the northwest quarter of section 9, town ship IT, south, range 8, west, in Jef- ferson county, Alabama, as shown by a blue print map on file in the office of the city engineer identified as file No. -.
 Sec 2 Said spur track shall be con. structed and maintained in such man. ner as to impede as little as possible travel along and across the public highways. streets, alleys and public grounds in and along which said spur track shall be located, and in accord ance with the grades now or hereafter established, and the said American Cast Iron Pipe company, its successors and assigns shall at all times keep said spur track, where the same | crosses the said public highway, and the portions of the highway lying be- tween lines drawn parallel to and IS 1 inches from the outside edge of the rails of said track, in a safe and prop CT condition.
 Sec 3. The American Cast Iron Pipe l company shall indemnify and hold the | city of Birmingham harmless from any I liability, loss or damage which any l person may suffer or claim on account ! of any bodily injury or any injury tc property as the result of the condi- ! ton of the highway across which said I track shall be constructed. and in the event that any suit is brought against | the city of Birmingham on account oi ceived at said crossing. on account o1 I any defective condition of said cross. 1 ing, or the approaches thereto, the | American Cast Iron Pipe company shall at it's own expense defend sai6 suit and pay any judgment or judg. | ments and any costs that may be re. covered in any action so brought.
 l Sec. 4. The rights herein granted
 shall be had and exercised by tn,
 grantee, subject to the police power o the city of Birmingham now or here. after conferred on it by law.
 Sec. D. The city of Birmingham re. serves the right to change the grade
 of the street over and along whicl | said railway is to be constructed, ant
 also reserves the right to change tn. l grade of any street or avenue crossed by said railway to be constructed un, der this franchise. and the said power
 to change the grade shall be con
 tinuing power and shall not be ex hausted by any exercise thereof.
 Sec. 6. In the event the city of Bir. mjngham shall change the grade o
 said street or of any intersecting stree I or avenue, the grantee shall be re quired at it's own expense to rebuilt I it's tracks so as to conform with tht grade so established or changed.
 1 Sec. 2. Tn the event that at any time lin the future the city of Birmingham
 shall adopt an {vdinance for the sepa'