The Birmingham age-herald., 1917-02-02
CITY oRnINANcEs


 company shall indemnify and hold the city of Birmingham harmless from any liability. loss or damage which any person may suffer or claim on account of any bodily injury or any injury td property as the result of the condi- ton of the highway across which said track shall be constructed, and in the event that any suit is brought against the city of Birmingham on account of any injuries alleged to have been re- ceived at said crossing, on account of any defective condition of said cross ing, or the approaches thereto, the American Cast Iron Pipe company shall at It's own expense defend said suit and pay any judgment or 1udg- ments and any costs that may be re- covered in any action so brought.
 Sec 1. Tns rights herein granted shall be had and exercised by the grantee, subject to the police power of the city of Birmingham now or here after conferred on 1t by law.
 Sec. 5. The city of Birmingham re- serves the right to change the grade of the street over and along which said railway is to be constructed, and also reserves the right to change the 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- mingham shall change the grade of said street or of any intersecting street or avenue, the grantee shall be re- quired at it's own expense to rebuild it's. tracks 50 as to conform with the grade so established or changed.
 Sec. '. In the event that at any time in the future the city of Birmingham shall adopt an ordinance for the sepa- 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 ordt- 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. g. 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 (s100) dollars.
 Sec. II. If the city of Birmingham m shall hereafter improve or reimprove 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 and 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,
  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- tion 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 fin 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- ca tions which may hereafter be adopt ed providing for such Improvements.
 Approved Jan,fary 24 1917
 GEORGE E WARD,
 President Board of Commissioners
 true copy:
 c. B. LLOYD. City Clerk.