The Birmingham age-herald., 1920-03-04
Ordinance No. 683-C

Granting .the Tennessee Coal, Iron
 and Railroad Company permission
 to construct, maintain and operate
 a railroad track across the public
 road extending between Thomas
 and Pratt City in the southeast
 quarter of northeast quarter of
 Section 29, Township IT, South of
 Range } West, and across the pub-
 lie road extending between Thomas
 and Republic in the southeas st
 quarter of southeast quarter of
 Section 20, Township i7, South of
 Range 3 West. Jefferson County,
 Alabama.
 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 Ten nessee Coal. Iron and Railroad Com rany. its successors, licensees and as- signs, to construct, maintain, operate and use a railroad track across the public road extending between Thomas and Pratt City in the South-East quar- ter of North-East quarter of Section 29, Township 17 South of Range 3 West. and across the public road ex- tending between Thomas and Repub. lie ill the South East quarter of South East quarter of Section 20. Township IT South of Range 3, West, Jefferson County. Alabama.
 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 He highways across which said track shall be located. and in accordance with the grades now or hereafter es- tablished. and the said Tennessee Coal, Iron and Railroad Company, its suc- cessors and assigns. shall at all times keep said track and the portions of the highways lying between lines drawn parallel to and IS inches from the outside edge of the rails of said track in safe and proper condition
 Sec. 8. The grade upon the changed rortion of the road first above men toned shall not exceed five (5) per cent, and the grade upon the last men, toned road shall not exceed six (6) per cent.
 Sec 4. The grantee shall. within 10 days from the date hereof. file with the City Clerk a written acceptance of the terms and provisions of this franchise, which shall be perpetual, and shall pay into the city treasury the sum of $200.00 as a consideration thereof.
 Sec. 5. 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.
 Sec. 6. The City of Birmingham re- serves the right to change the grade of the highways over and across which said railway is to be constructed un- der this franchise. and said power to change the grade shall be a contin- uous power and shall not be exhausted by the exercise thereof
 Sec. '. That in the event the City of Birmingham shall. change the grade of said highways, the grantee may be required at its expense to rebuild it's tracks so as to conform to the grade so sosestablished or changed.
 Sec. S.. In the event that at any time the City of Birmingham shall adopt an ordinance for the elimination of the grade crossings where said track crosses any street or highway so as to necessitate the construction of any viaduct or underpass or any other fa- cilities for grade separation, nothing herein contained and no right hereby created shall be construed to affect the right of the City of Birmingham to enact such ordinances nor to exempt the grantee from the operation there of, or from the duty of conforming thereto.
 Sec. g. This ordinance shall be wholly void and of no effect unless the railway company hereby enfranchised shall be constructed and put into oper- ation within 12 months from the pass age and publication of this ordinance.
 Sec. 10. The grantee shall pay the expense of the publication of this ordi- nance. and for such purpose shall de- posit with the city comptroller the sum of $25.00 to cover the cost of such pub lication and any unexpended balance shall be returned by the comptroller to the grantee after the cost ofssuch pub llcation has been ascertained, and any deficiency in the amount of such de- posit shall be supplemented by the grantee on demand after the cost of such publication shall have been ascer- tained.
 Approved March 3. 1920.
 IN. A. BARRETT. President of the Commission.
 A True Copy:
 H. $. RYAI.L, City Clerk.