The Birmingham age-herald., 1921-05-06


 cordance with the grades hereafter t0 be established by the City authorities, and the said Sloss- Sheffield Steel k Iron Company, it's successors and as | signs, shall at all times keep said rail- road tracks where the same cross or run along any of the said public high ways in a safe and proper condition, and shall also keep the portions or | the highway lying between lines drawn parallel to and eighteen GS) inches | outside the rails of said tracks in safe and proper condition, and where two or more tracks are maintained, shall keep also the portions of the highway between its tracks in a safe and proper condition.
 Section f. The Sloss- heffield Steel & Iron company, it's successors and as- signs, 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 injury to person or property as the result of the condition of the high ways at said crossings, or any of them, across which. or along which. said railroad shall be constructed, and in the event that any suit is brought against the City of Birmingham on ac- count of any injuries alleged to have 1 been received at any of the crossings of said railroad. with any of the said | highways on account of any defective condition of said crossing, or the ap breaches thereto the Sloss Sheffield Steel x Iron Company, it's successors and assigns, shall at it's own expense defend such suit and pay any judg- nent or Judgments and any costs that may be recovered in any action so l brought
 Section ,. The rights herein granted shall be had and exercised by the grantee, subject to the police power oe the City of Birmingham, now or here | after conferred on it by law.
 1 Section 6 The City of Birmingham reserves the right to change the grade of any of the streets, avenues or alleys over or along, which said railroad is to l be constructed, without payment of damages or compensation to the grantee. and said power to change said grades shall be a continuing power, and 1 shall not be exhausted by any exercises 1 thereof. and in the event the City of Birmingham shall change the grade Of any of said streets avenues or alleys, l the grantee shall be required, at irs own expense, to rebuild it's tracks so as to conform with the grade so es- l abolished or changed. And in the event l that tt any time in the future the City of Birmingham shall adopt an ordi- nance for the separation of the grade of any of the streets, avenues or al- | leys along OF across which said rail- | road shall be constructed, so as to ne- cessitate the construction of any via l duct or underpass, or other facilities ! Tor grade separation, nothing contained l in this ordinance and no right hereby granted shall be construed to affect the | right of the City of Birmingham, to enact and enforce such ordinance, or to exempt the grantee from the duty Of conforming thereto.
 Section Amy street, avenue or all ley along the entire route of said en- tire railroad constructed under this or dfnance, which, as now or hereafter dedicated, abuts upon the right of way l of the grantee on either side of said right of way, may at the option of the l City of Birmingham at any time be extended So as to cross the right of way of the grantee, and this without payment of damages or compensation to the grantee.
 l Section S.--If at any time the gov | erning body of the City of Birming- ham. shall. for the public safety. re- quire the maintenance of arc or tungs- ten lights or other lights prescribed | by the City Commission, at any of the intersections of said railroad with any | of the streets, avenues or alleys now or hereafter dedicated along the route described in Section 1 of this ordi nance, the grantee shall conform to such requirement. and install and main- tain the said arc or tungsten lights, or other lights prescribed by the City Commission. at it's sole expense; said arc lights may be series arc lamps 71a amperes, 50 cycle, double globe, $40 watt enclosed lamps. And if at any time the governing body of the City of Birmingham shall,s for the public safety, require it. the grantee shall in- stall and maintain at It's own expense ats such of said crossings as may be designated, 100 watt tungsten lights, or such other lights as are acceptable to the City Commission.
 Section 9.--If the City of Birming- ham shall hereafter. improve or reim- prove any of the streets, avenues or alleys. now or hereafter dedicated, on or across which said railroad track or tracks shall hereafter be located, un- der the authority of existing laws or under authority of any law of the State hereafter enacted, the cost of such improvements, (except storm water and sanitary sewers) between the tracks and rails of the tracks, and In case there are two or more tracks. the space between such tracks and eighteen inches on each side of the
 
 outs, shall be paid by the grantee herein, and shall be assessed against and form lien upon said railroad and the property connected herewith, and in the event that storm water sewers are constructed which drain the street. avenue Or alley, or rights of way upon which said railroad is constructed. there shall be assessed against such railroad a fair and just proportion of the cost of constructing 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 to pay any such assessment. or assessments levied as provided in this section, or to appeal from the levy of said assess ment within twenty days after the same shall have been made final or to promptly pay any amount adjudged to be due upon any appeal from the levy of said assessment, then the City may collect the same with interest provided by law by an action at law in the nature of an action of debt ir which the City may obtain personal Judgment against the grantee here. in, or its assigns, and execution o1 other process. such as Is proper in such actions, to enforce such judgment as may be obtained. or said City may en
 force said lien in equity. either by 2 sale of the whole or the right of way and property and franchise of said railroad, or such part thereof as ma, be necessary to collect said assess questration of the incomes or earnings cot vofv Vyh