The Birmingham age-herald., 1924-10-23

underside of said superstructure.
 i Section 2. That the said railroad companies shall be allowed in carrying on the construction ordered in Section one of this ordinance to lower the sur face of Fourteenth Street, subject to the following provisions and conditions: | (a) That the depression of, the street on a line parallel with and four hund- red ninety seven and five-tenths (49..5) | feet south of the south line of First Avenue, shall be at an elevation of not lower than five hundred eighty and seventy-four one-hundredtbs (5S0.74) according to Standard Bench Mark da- tum of the Engineering Department of | the City of Birmingham, and the sur face of said street shall rise hbrthward- ly and southwardly from said elevation at an upward grade of Three tenth l (.3) per cent for a distance of sixty seven and five-tenths (67.5) feet, thence upward on a three (3.0) per cent grade 1 to intersect the present street surface i of said Fourteenth Street, provided however, that vertical curves of fifty 1 (50) foot length shall connect said in- tersecting grades. I+:. =
 (b) That said railroad companies shall construct approaches to the de pressed street under the railroad tracks, | and shall pave the street under the rail road tracks and the approaches thereto, and shall construct suitable sidewalks and curbs and provide for and construct suitable drainage in said street and re- place any disturbed storm water or san | itary sewer.
 (c) That upon completion of said bridge, the use of so much of the one railroad track which lies south of and l hn Fourteenth Street as lie between the east and west lines of Fourteenth Street shall be discontinued and the rails of said tracks removed from said Fourteenth Street. and upon compile ton of said bridge the use of so much of the three railroad tracks located north of and nearest Powell Avenue if extended westward and across Fourteenth Street as lie between the east and west lines of Fourteenth Street shall be discontinued and the rails of said tracks removed from said Fourteenth Street.
 Section 3. Any public utility having and using electric, telephone, telegraph. ducts and conduits, or water, gas or steam mains or pipes in that portion of Fourteenth Street to be affected by the improvement provided for in this ordinance, shall, as the improvement progresses, lower said ducts, conduits, lnains or pipes to the proper depth be- low any new grade of said street. which said changes shall be made under plans approved by the City Engineer and un- der his direction. And any public util- ity having telephone, telegraph or cleo tric wires on or along or across thar portion of Fourteenth Street affected | law fO in iS ordinance shall, as and when the work on said bridge progresses, relocate said wires so as to run underground, which said changes shall be made in accord ance with plans approved by the City Engineer, and under his direction, but l this provision shall not only apply to the wires used by any of the railroad | companies required by this ordinance to construct and maintain said bridge and it's approaches. '~
 Section 4. That the estimated cost of the construction required by this or dinance to be done by the railroad com panies referred to in Section 1 of this ordinance is SIPS 000.0O.
 Section 5. That the active construc- tion work under this ordinance shall be started not later than ninety (90) days from the adoption of this ordinance, and shall be completed within three hund- red and sixty (36O) working days there | after.
 Section G. That upon the completion of said bridge in accordance with the terms and provisions of this ordinance. such spaces along Fourteenth Street as are actually occupied by the said bridge and it's supports (except the floor of said bFidge) and the portion of said Fourteenth Street above -the floor Of said bridge shall be vacated as a public highway, but the fee of the street shall nevertheless remain in the City.
 Section z. That upon completion of the improvements ordered in this or dinance the City Commission will, ia the event the said railroad companies shall not have prior thereto agreed among themselves as to the apportiOn- ment of the cost of said improvements, meet and apportion the cost thereof eQuitably among the said railroad com panies. ,st
 Section S. That if any section or pro- vision of this ordinance shall for any reason be in valid, this shall not affect any other section or provision not ln and of itself invalid, and it is further declared to be the legislative intent of the Body enacting this ordinance that should it for any reason be held ln- effectual as to any duty or. work or con- struction required by an|Eof its terms, this shall not affect the performance of any other duty, work or eonstruction required by this ordinance
 Section 9. That it shall be unlawful for any person, firm or corporation to fail to do or perform any duty required by the terms of this ordinance. If any railroad company referred to in Section of this ordinance shall fail within the time required by Section D of this ordinance to commence active construction work on the bridge and its approaches required by this ordinance to be constructed by said railroad com panies, each days failure to so com mence said work after said date shall constitute a separate Offense and be deemed a separate violation of this or dinance. If construction work by the railroad companies referred to iu Sec ton 1 of this ordinance shall not be commenced within the time required by Section of this ordinance, 1t shall be unlawful from and after said date to operate any railroad train, railroad engine, or railroad car on or across Fourteenth Street between the lines de- scribed in Section 1 of this ordinance and each operation of any such railroad train, engine or car shall be a separate offense. After the time limit for the completionof the construction of said bridge and its approaches specified iIl Section 5 of this ordinance, each days failure to complete said bridge and its approaches shall constitute separate offense by each of the arailroad com pauies referred to in Section of this ordinance. After the lime limit for the completion of said bridge and its approaches as specified in Section 5 of 1 1bIn nrainnnnn it chnll he nnla MfIll to