The Birmingham age-herald., 1924-10-24

approved by the City Engineer and under his direction. Az
 Section 3. That any street railway company having its tracks on that DOT tion of Twentieth Street affected by the improvement provided for ill this Ordi nance shall, when and as the grade of such street may be lowered, conform the grade of its tracks to the said change of grade of said street and SC as to provide a safe clearance from the posts or columns supporting the bridge and shall relocate its power wires sup. plying it's motive power so as to come beneath the superstructure of said bridge. All of which said changes shall be made in accordance with plans ap proved by the City Engineer and under his direction.
 Section 4. Any public utility having and using electric, telephone, telegraph ducts and conduits, or water, gas ol steam mains or pipes in that portion oi Twentieth Street, to be affected by tho improvement provided for in this ordi nance, shall, as the improvement pro gresses, lower said ducts, conduits mains or pipes to the proper depth be low any new grade of said street, whicl said changes shall be made under plans approved by the City Engineer and un der his direction. Any public utility having telephone, telegraph, or electric wires on or along or across that DOT tion of Twentieth Street affected by tho improvement provided for ill this Ordi nance, shall, as and when the worl on said bridge progresses, relocate saiC wires so as to run underground. whicf said changes shall be made in accord ance with plans approved by the City Engineer and under his direction but this provision shall not apply to tht wires used by any of the railroad com panies required by this ordinance tC construct and maintain said bridges and its approaches.
 Section 6. That the estimated cost of the construction required by thi, ordinance to be done by the railroad companies referred to in Section 1 oi this ordinance is S215,000.00.
 Section 6. That the active construc tion work under this ordinance shall b' started not later than 90 days from tht adoption of this ordinance, and shal be completed within 360 working days thereafter.
 Section z. That upon the completion of said bridge in accordance with tht terms and provisions of this ordinance such spaces along Twentieth Street as are actually occupied Dy the sait bridge and its supports SCexcept tho floor of the said bridge), and the DOT tion of said Twentieth Street above tho floor of said bridge shall be vacated as a public highway. but the fee of tiit street shall nevertheless remain in tho city.
 Section &. That upon completion of the improvements ordered in this ordi nance the City Commission will, 1T the event the said railroad companies shall not have prior thereto agreed among themselves as to the apportion ment of the cost of said improvement mo and apportion the cost thereof equitably among the said railroad com panies.
 Section 9. That 1T any section oi provision of this ordinance shall fOI any reason be invalid, this shall not affect any other section or provision not in and of itself invalid, and it is further declared to be the legislative intent of the Body enacting this ordi nance that should it for any reason be held intellectual as to any duty or worA or construction required by any of its terms, this shall not affect the perform ance of any other duty, work or con struction required by this ordinance.
 Section 10. That it shall be unlaw full for any person, firm or corporation to fail to do orl perform any duty re quired by the terms of this ordinance If any railroad company referred tt in Section 1 of this ordinance shall fai within the time required by Section of this ordinance to commence activ' construction work on the bridge ant its approaches required by this ordi nance to be constructed by said rail road companies, each days failure t, so commence said work after said dat | shall constitute a separate offense, anC be deemed a separate violation of thi' ordinance. If construction work by the railroad companies. referred to 1T Section 1 of this ordinance shall not b' commenced within the time required by Section 6 of this ordinance, it shaL be unlawful from and after said date tC operate any railroad train, railroad en zine, or railroad car on or across Twentieth Street between the lines de scribed in Section l of this ordinance and each operation of any such railroad train, engine or car shall be a separate OllenSes ALIcT lHc lllic 1llulI lOt lhS completion of the construction of saiC bridge and it's approaches specified 1T Section 6 of this ordinance, each. days failure to complete said bridge and its approaches shall constitute a separate offense by each of the railroad cOmpa nies referred to in Section 1 of this ordi nance. After the time limit for tht completion of said bridge and its ap breaches as specified in. Section G ot this ordinance, Ir shall be unlawful tC operate any railroad train. car or en zine on or across Twentieth Street be tween the lines described in Section of this ordinance, otherwise than q the elevation and by means of thu bridge described in this ordinance, anC each such operation shall constitute separate Offense.
 Section II. That any person, firm or corporation violating any provision of this ordinance, or aiding or abet ting in the violation of any provision of this ordinance, shall, upon convic tion, be punished within the limits O and as provided by Section 1216 of tn, Code of Alabama of the year 1907.
 Approved Oct. 21, 1924.
 D. E. McLENDON, President of the Commission.
 L. B. GRAY, City Clerk.
 Age-Herald, Oct. A, 1924. .