The Birmingham age-herald., 1917-05-04
CITY ORDINANCES
Ordinance No. 477-C.


 Granting the Southern Railway com
 pany franchise to construct, main
 tain and operate a connecting track
 256 feet In length and crossing TWenty-fourth street between Pow
 ell avenue and Morris avenue
 Be It ordained, by the commission of the city of Birmingham. as follows;
 Section 1. That the right. power and authority is hereby granted to the South ern Railway company, it's successors, H. censees, lessees and assigns to construct, maintain. operate and use a cross-over or connecting track 256 feet in length, con- meeting the main house lead of the South eTn Railway company with the first yard track of the Alabama Great Southern Railroad company, north of the northerly teamway of the Southern Railway com pany, located between Twenty-third and Twenty-fourth streets. north of Powell avenue, in subdivision H of Block IA, as shown on the map. plan and survey of the Elyton Land company of the city of Blr- mingham, the proposed cross-over to ex- tend across Twenty-fourth street, form ing a continuation of the Southern Rail- way eompany's present main house lead, the portion of the cross-over within the limits of Twenty-fourth street. being eighty three and fve-tenths (s35) feet in length. all as shown in red on a blue print map prepared by the resident engi- neer of the Southern Railway company. Birmingham. 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 as 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~ afI4 and the portions of the highway lying between lines drawn parallel to and IS inches from the outside edge of the rails of said track in safe and proper condi- tion.
 Sec. 8. The grantee shall within 10 days 1 from the date hereof file with the city l clerk written acceptance of the tern s and provisions of this franchise, which shall be perpetual. and shall pay into ths | city treasury the sum of one hundrei dollars (S10000 as a consideration there |. 1 for.
 Sec. 4 The rights hereby granted shall be had and exercised by the grantee sub- ject to the police power of the city of Birmingham now or hereafter conferred on 1t by law.
 See. 5. The city of Birmingham reserves the right to change the grade of tho street over and upon which the said rail- way is to be constructed, and also re-
  any street or avenue crossed by said rail- way to be constructed under this fran- chfse, and said power to change the grade shall be a continuing power and shall not be exhausted by the exercise thereof. Sec, G. That in the event the city of Bir- mfngham shall change the grade of said street or any intersecting street or ave- nue, the grantee may be required at It's 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 In the future the city of Birmingham | shall adopt ordinance for the separa- tion of the grade of the street along which said railway shall be constructed at It's intersection with any intersecting street and avenue so as to necessita te 1 the construction of any viaduct or under 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 tion thereof. or from the duty of con- forming thereto.
 i Sec. S. This ordinance shall be wholly void and of no effect unless the railway hereby enfranchised shall be constructed and put into operation within l2 months from the passage and publication of this ordinance.
 Sec. g. The grantee shall pay the ex- pense of the publication of this ordinance. and for such purpose shall deposit with the city comptroller the sum of fifteen dollars (s15.00) to cover the cost of such publication. and any unexpended balance shall be returned by the comptroller to the grantee after the cost of such pub- lication has been ascertained. and any deficiency in the amount of said deposit shall be supplemented by the grantee on demand, after the cost of such publca- ton shall have been ascertained. Approved April 18 1917
 GEORGE B. WARD, President Board of Commissioners A true copy.
 i c. R. LLOYD, City Clerk.
 Age Herald. April 20, 27. May 4. 1917.