The Birmingham age-herald., 1919-12-27


 Company permission to construct, maintain and operate a railroad
 track across Fortieth street in the
 City of Birmin gham, Alabama,
 entering Fortieth street at a point
 in the southerly right of way line
 of The Southern Railway Wood
 lawn-Bessemer branch, eleven feet
 northwest of the east line of For
 tieth street and extending across
 Fortieth street in a general south
 easterly direction by te !, degree
 curve to the right distance of
 fourteen feet
 Be it ordained by the Commission Of the City of Birmingham as follows:
 Section 1. That the right, power and authority is hereby granted the South ern Railway Company it's successors licensees and assigns to construct maintain. operate and use a railroad track across Fortieth street in the City of Birmingham, Alabama, the center line of said track entering Fortieth street at a point in the southerly right of way line of the Southern Railway Woodlawn- Bessemer branch, II feet northwest of the east line of Fortieth street, and 30 feet southwest of the center line of the Southern railway main track, Wood lawn-B -Bessemer branch, at survey sta- tion ?. plus 95, thence in general southeasterly direction by a 10 degree curve to the right distance of II feet to an intersection with the east line of Fortieth street at survey sta. tion 3, plus 09 said point being six Fortieth street, south of the intersec- tion of the east line of Fortieth street and the Southern railway right of way line. Woodlawn-Besse branch, all as shown in yellow on blue print map prepared by the resident engineer of the Southern Railway Company, Birmingham, Alabama, file number 1894, copy of which has this day been filed with the City Clerk, said blue print showing track for Mont gomery Coal Washing and Manufac- turing company.
 Sec. 2. Said track shall be con- structed and maintained in such a manner as to impede as little as pos- sible travel along and across the pub lie highway along which said track shall be located. and in accordance, with the grades now or hereafter es- tablished and the said Southern Rail- way Company, it's successors and as- signs, shall at all times keep said track and the portions of the high way lying between lines drawn par allel to and IS inches from the out side edge of the rails of said track in safe and proper condition
 Sec. 3. The grantees shall, within 10 days from the date hereof, file with the City Clerk written acceptance of the terms and provisions of this fran- chise which shall be perpetual. and shall pay into the city treasury the sum of s100 as a consideration there- for.
 l Sec. 1. The rights hereby created shall be had and exercised by the grantee subject to the police power of the City of Birmingham now or here after conferred on it by law.
 l Sec 5. The City of Birmingham re- serves the right to change the grade of the street over and upon which the said railway is to be constructed, and also reserves the right to change the l grade of any street or avenue crossed 1 by said railway to be constructed un- | der this franchise, and said power to change the grade shall be continu. ing power and shall not be exhausted | by the exercise thereof
 Sec. G. That in the even. the City of Birmingham shall change the grade of said street or any intersecting street or avenue, the grantee may be required at it's expense to rebuild it's tracks so as to conform to the grade so established or changed
 Sec. '. In the event that at any time the City of Birmingham shall adopt an 1 ordinance for the separation of the grade of the street along which said railway shall be constructed at it's in- tersection with any intersecting street