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

and upon completion of said bridge the use of so much of the two rail road, tracks located north of and near est Powell Avenue rpnd across Eigh- teenth Street as lie between the east and west lines of Eighteenth Street shall be discontinued and the rails of said track removed from said Eigh- teenth Street. ?
 (d) That all of said work mem toned in (a), (b) and (c) shall be done by said railroad companies at their own expense, in accordance with plans approved by the City Engineer and under his direction.
 Section 8. Any public utility hay ing and using electric, telephone, tele- graph. ducts and conduits, or water, gas or steam mains or pipes in that portion of Eighteenth street to be af- fscted by the improvement provided for in this ordinance, shall as the improve ment progresses, lower said ducts, con duits, mains or pipes to the proper depth below any new grade of said street, which said changes shall be made under plans approved by the City Engineer and under his direction. And any public utility having tele- phone, telegraph or electric wires on or along or across that portion ot Eighteenth street affected by the i'm prOvement provided for in this ordi- nance shall, as and when the work on said bridge progresses. relocate said wireseso 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 this provision shall not apply to the wires used by any of, the railroad com panies required by this ordinance to construct and maintain said bridge and its approaches.
 of the construction required by this ordinance to be done by the railroad companies referred to in Section l of this ordinance is $263, ,500.00
 Section 5. That the active construc- tion work under this ordinance shall be started not later than 90 days from the adoption of this ordinance, and shall be completed within 360 work ing days thereafter.
 Section 6. That upon the compile tion of said bridge in accordance with the terms and provisions of this ordi- nance, such spaces along Eighteenth Street as are actually occupied by the said bridge and its supports (except the floor of said bridge(, and the portion of said Eighteenth Street above the floor of said bridge shall be vacated as 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, in the event the said railroad companies Fshall not have prior thereto agreed among themselves as to the appOrtion- ment of the cost of said improvement, meet and apportion the cost thereof equitably among the said railroad com panies.
 Section 8. That if any section or provision of this ordinance shall for 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 work or construction required by any of its terms. this shall not affect the performance of any other duty, work or construction required by this ordi- nance. Section O. That it shall be unlaw- full for any person, firm or corporation to fail to do or perform any duty re- Quired by the terms of this ordinance If any railroad company referred to in Section 1 of this ordinance shall fail within the time required by See tion D of this ordinance to commence active construction work on the bridge and it's approaches required by this ordinance to be constructed by saiC railroad companies, each days failure to so commence said work after said date shall constitute separate of fense, and be deemed a separate vio- lation of this ordinance. If conStruc- tion work by the railroad companies referred to in Section 1 of this ordi- nance shall not be commenced within the time required by Section 5 of this ordinance, it shall be unlawful from and after said date to operate any railroad train, railroad engine, or rail road car on or across Eighteenth Street between the lines described in Section l of this ordinance, and each operation of any such railroad train, engine or car shall be q separate Otfense. After the time limit for the completion of the construction of said bridge and its ap- breaches specified in Section of this ordinance, each days failure to com plete said bridge and its approaches shall constitute separate offense by each of the railroad companies referred to in Section 1 of this ordinance. After !, the time limit for the completion of said bridge and its approaches as spe- cificd in Section 5 of this ordinance, it shall be unlawful to- operate any railroad train, car or engine on or across Eighteenth Street between the lines described in Section 1 of this or dinance, otherwise than at the eleva- tion and by means of the bridge de- scribed in this ordinance, and each such operation shall constitute separate offense.
 Section 10. 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- ton, be punished within the limits of and as provided by Section 1216 of the Code of Alabama of the year 1907.
 Approved Oct. 21, 1924.
 D. D. McLENDON,
 President of the Commission.
 A true copy. A
 l.. D. GRAY, City Clerk.
 Age-Herald Oct. g, 1924.
 ORDINANCE NO 04O-C
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