The Birmingham age-herald., 1919-07-04
ORDINANCE NO. 633-C

An ordinance granting to the Tennessee Coal, Iron and Rail road company, a corporation, a franchise to lay an iron pipe line for the carrying of water under certain streets, avenues, alleys and other public ways and places.
 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 Tennessee Coal, Iron and Railroad company, a corporation, its successors and assigns, to lay an iron pipe line for the carrying of water under the following named streets. avenues, all leys and other public ways and places:
 Begin at point of intersection of the north boundary of the southwest ouar- ter of southeast quarter, section 2. township IS, south, range 4. west with the center line of Jersey street; thence in a northerly direction along said center line of Jersey street to the north boundary of the northwest guar ter of northeast quarter of said sec tion 3. township IS, south, range 4, west and also across the right of way and public road extending in a north easterly direction through the south east quarter of southeast quarter of section 35, township IT, south, range 4, west, all as shown by map on file in the office of the city engineer and designated as follows:
 Map showing route of water main of Tennessee Coal, Iron and Railroad company in Wylam. File No. 17-27."
 ocC. 1ac piPC 1OI SdAQ plPS ii3k0 shall not exceed 20 inches in diameter and shall be laid and maintained under the streets, avenues, alleys and other public ways and places as hereinbe- fore mentioned in accordance with the laws. ordinances and regulations of the city with reference to tho laying and maintaining of similar pipe lines in the city of Birmingham, and sub- ject to the approval of the city en- gineer. and after the laying of said line said streets, avenues. alleys and other public ways and places shall be restored and maintained in as good condition as before the laying of said line.
 Sec. B. The said corporation shall indemnify and hold harmless the city of Birmingham from any and all lia- bility of whatever character arising out of the laying. maintaining or re- pairing of the said pipe line.
 Sec. 4. Should the grade of any of the streets, avenues. alleys or other public ways or places under which the p98vilege of laying and maintaining sais nips inc is hereby granted be changed, the said corporation shall, on demaud of the city. change the posi- tiea af s-.u pipe line to conform to the new grade and without expense or lia- bility to the city.
 Sec. 5. The said pipe line shall at all times be laid and maintained at the required depth below the grade of said streets. avenues. alleys or other pub lie ways and places, and the said cor poration shall at all times comply with all reasonable rules, regulations, laws and ordinances now in force or which may hereafter be adopted by the city with reference to the laying or main tainsng of similar pipe lines in the city | of Birmingham.
 Sec. 6. No connection Is to be made or maintained between said pipe line and any water pipe or main of the Birmingham Water Works company or any other pipe or main connected with any pipe or system of pipes used for supplying water for domestic pur- poseG.
 Sec. T. Tho right hereby granted is not exclusive. and the city may grant to other persons. firms or corporations rights similar to those herein granted, and the rights herein granted shall be subservient to any rights, franchises or privileges which are now or may hereafter be granted to persons, firms or corporations operating public util- ities.
 Sec. 8. That the president of the commission of the e't- of Birmingham is hereby authorizsa ta execute a con tract with the sad ge1ressee Coal, Iron and Roilroaa company, a corpora ton. embodyirF ths above terms. pro- visions and conditions ara his action l.: .-..,+;.- .,r d, t.,-oL-. T.,