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

l for damages or any proceeding at law or in equity for the recovery of such damages, or for compensation under the constitution and laws of the State or Alabama against the City of Birming- 1 nam, or any of it's officers, agents, em- ployes, contractors or sub-contractors, on account of the construction of said railroad or on account of such change of the grade of any street or highway crossed by said railroad within the corporate limits of the City of Birmingham, or on account Of the stoppage or interference with the natural drainage of the surface, storm or ground waters or flow of any natural water course, or on account of the bonding or damming of the natural drain- age of storm or surface waters, then the within named grantee and it's successors and assigns. as the case may be, shall at it's own expense and without expense to the City of Birmingham, defend said sult or action or proceeding of what ever character, and shall pay, or cause to be paid, without expense to the City of Birmingham, any judgment, decree or award which may be rendered in said cause or causes, together with all costs of court and all expenses incurred in defense of said suit.
 Section. Il. The acceptance by the gran tee of the rights and benefits herein granted shall not be construed as an ad- mission on the part of the grantee of the existence of any right or power in the City of Birmingham to require the grantee to construct or maintain any viaduct or underpass for any street or other public highway, or of the existence of any right or power in said City to require the grantee to construct any fnr conferred by law. nor shall any part of this ordinance be construed so as to impose contractual obligation on the part of the grantee to construct any viaduct or any underpass for any street or other public highway, but with refer ence to such matters the City of Bir- mingham shall have such power and au- thority as are now or may hereafter be conferred upon it by law.
 Section 12 This franchise shall be wholly void and of no effect unless the railroad track hereby franchised shall be constructed and put into operation within twenty-four months from the passage and publication of this ordinance.
 Section 13. The grantee shall pay the expense of the publication of this ordl- nance, and for such purpose shall de- post with the City Comptroller the sum of Fifty (s50.O0) Dollars to defray the cost of such puDllcatlon, ana any UT expended balance shall be returned by the City Comptroller to the grantee after the cost of such publication shall have been ascertained and any derlciency In the amount of said deposit shall be sup plemented on demand after the cost or such publication shall have been ascer- tained
 Section A. The grantee shall within ten days from the date of the adoption or this ordinance file with the City Clerk. a written acceptance of the terms and provisions of this franchise, and shall pay into the City Treasury, as a con sderation for the granting of this fran chise, the sun, of Six Hundred Dollars
 Section 15. Be it further ordained, that the President of the Commission IS hereby authorized empowered and di- rected to enter into contract with the within named grantee embodying the terms of the foregoing ordinance, and the City Clerk is hereby authorized to affix the corporate seal of the City Of Birmingham to such contract.
 Approved, May 3, 1921
 N A. BARRETT, President of the Commission.
 A true copy:
 H. S. RYALL, City Clerk.
 Age-Herald, May 6, 1921.