The Birmingham age-herald. [volume], May 19, 1913, Page 8, Image 8

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__CITY ORDINANCES
RRftOLl TIO\
T\liercas. Daniel Morgan has peti
tioned for the vacation of that part of
«n alley between lots 5 and t* of
•J. M. Morgan’s resurvey of block 1.
the O. W. and Susan Wood sur
vey, which is recorded in volume 3 of
Waps, page 5, in the office of the judge
of probate of Jefferson county, Ala
bama. and only such part of said al
ley as extends from the intersection of
said alley with .lames street, running
back east 105.4 feet to a point on a line
with the east line of said lot. 5. and
Whereas. It appears that said Daniel
Morgan is the owner of all the lands
in said block abutting on that part of
said alley above described, and
Whereas, It appears that convenient
inf ans of ingress and egress to and
from their, property will be afforded to
all property owners owning property
in the block above named, by other
alley* now existing in said block; now.
therefore, be it
Resolved by the Board of Commis
sioners of the cit> of Birmingham.
That the assent of this board be. and
it is hereby given, to the vacation to
that part of said alley above named.
Approved May 17, 1913.
C. KXl’M, President.
Board of Commissioners
A. O. LANK. Commissioner.
JAMES WEATHERLY. Com.
Attest; H. S. RYALL. City Clerk.
Age-Herald. May 19. 1913.
NO. I5S-C.
An ordinance granting T. C. Beatty,
and associates, their successors and
assigns, the right to construct, equip.
maintain and operate an electric
street railway line in the city of
Birmingham.
Be it ordained by the Board of Com
missioners of the city of Birmingham
Us follows:
Section 1. That I. C. Beatty and as
sociates. hereinafter called grantees.
Htid their successors and assigns, be
and they are hereby granted the right
and franchise, subjec t to and upon the
terms and conditions hereinafter stated,
to build, equip, maintain and operate,
lor a period of thirty (30 > years. an
electric passenger street railway, with
all tin- necessary poles, wires and other
necessaries for the construction of such
railways, according to approved meth
ods. in. along and over the public high
ways and thoroughfares of the citv of
Birmingham, as follows:
Commence at the intersection of
id oven tli avenue, north, and Twenty
eighth street; thence in a northwest
erly direction along Twenty-eighth
street to its intersection with the Nor
wood boulevard; thence along said
•Norwood boulevard, and over, along and
upon that certain strip of land twenty*
sc (26) feet in width, to Pinson street,
which said strip is platted on the map
of the Birmingham Realty company’s
addition Number 4. as reserved for
street cars and steam heating mains,
-nid map being recorded in the office
•>f the judge «*f probate of Jefferson
bounty. Alabama in Map Rook 9. page
11. and which said strip of land is
platted on said map as bounded on
both sides, first by Fifteenth avenue,
north, and then by Norwood boule
vard and as extending from the easter- !
Jy side -if Twenty-sixth street, north,!
to the westerly side of Pinson street,
together with the right to make tlie!
necessary connections with any other i
line of street railway at the said in
tersect ion of Eleventh avenue and
Twenty-eighth street, north.
Sec. j. | bat said grantees, successors
and assigns, shall have the right to
ay and operate a double track street
railway along the route above described
Und throughout said entire line, the
said grantees, successors and assigns,
shall have the rights, privileges ami
franchises of erecting, constructing and
maintaining, after approved plans and
subject to the- conditions hereintafter
named, as parts of such railway, such
•Mefttric wires, posts, poles, masts, sup
ports, guys, guards and appliances, in
cluding all necessary turnouts ami
Ride- tracks along the entire route above
closer!bed. and to maintain and operate
thereon all such cars and electric mo
tors as are, or may be necessary or
proper for the operation of said line,
including the power, franchise, right i
and privilege of erecting- and maintain
ing such poles, brackets and masts j
through the highways and public placesi
tin city as may he necessary or
proper for the purpose of currying and
transmitting electric currents 'through,
under and over the highways and pub
it<- places where it may he necessary
to convey the same for the purpose of
supplying eb< trie currents for powei.
jlghl and heat to be used in the opera
tion of such cars and motors
Provided. however. that grantees
shall be required at this lime In build
only a single track along said streets
find ways as above described, but
grantees shall, at any time, on demand
of the city of Birmingham, double track
any part of said road.
Sec. 3. The said grantees, or their
successors or assigns, shall. ..n or bo
lore the 1st day of June, 1913, submit
the plans and specifications for the
construction of said street railway to
tlm Board of Commissioners of said city
of Birmingham for its approval, alter
ation or amendment, which plans ai.d
specifications shall accord w ith approved
rm-thods or construction of such lines
under like conditions. And within two
months after the approval of said plans
by said board, the actual work of con
struction of said street railway shall
be begun and continued to completion
as hereinafter provided.
Sec. 4. In consideration of the rights
powers and privileges hereby granted
the said grantees, their successors or
assigns, shall pay to the city of Bir
mingham seventeen hundred < $ 1 7<»n)
dollars on the passage «.f this ordi
nance, and a sum equal to a percent
age of the annual gross earnings of
the street railway constructed or oper
ated under the rights or privileges
herein granted, as follows, viz:
For the years 1921 to 1926. inclusive,
•three (J) poi cent, for the years 1927
to 1932. inclusive, four i4» percent: for
the remainder of the life of this fran
chise five (.*,1 per rent. Said payments
shall be made during January of each
year following the calendar vear in
winch said gross earnings arc received
Sec. The said grantees, their suc
cessors and assigns, shall lay the tracks
of said line upon grade, and ballast
ami surface them with such materia!
and In a manner satisfactory to the
Pity of Bh ml,,Sham; ,,,i slum maintain
the ballasting and surface between each
or said tracks, and between the rails
or said tracks for eighteen <1Si inches
nn each side thereof, and for half the
spac between said tracks and anv
other t lacks authorized to he con
sirm-ieu oil till- same highway so that
persons ami vehiejes can have free and
iitiolistrurteil passage along and across
said tracks. And ihe said grantees,
their successors ami assigns. shall
make the said portions of said high
ways conform to any change ,,f grade
established by said city.
If the city of Birmingham lias grad
ed. improved, paved or macadamized
or shall hereafter deteiniine to grade
improve, pave or macadamize or other
wise improve any of said streets or
avenues over which anv of said lines
are operated, or over which the same
may he operated under this franchise
then said grantees, their successors ami
assigns, shall, upon notice from the
city of Birmingham, pave or improve
as the case may lie. said tracks ami
between the rails of said tracks and
for the space of eighteen (1K > inches
on each side thereof, and tin space be
tween tlie two tracks where the same
are double, and half tlie space between
the said tracks and any other tracks
authorized to lie constructed on any of
said streets or avenues, with the same
■material used by the city in paving ,,r
macadamizing or improving the re
maining portion of said streets or ave
nues. and according to the specifica
tions prescribed by the said citv of nj,_
mtngham. and shall thereafter main
tain and keep tlit- macadamizing, tun
ing and Improvements in good order,
and sitnii, whenever any of said streets
or avenues are to lie paved or graded
or macadamized, or repaved or regrad
ed or remacadamtzed by tile said city
pave or grade or macadamize, or re
pave, or regrade, or remaeadamize the
space between said tracks, and for
eighteen (18) inches on each side there
of. and between the rails of said tracks,
and half the space between said track's
and any tracks on said .street or u\*
Hues. at the same time and with the
same material as is used in the ad
joining portion. Should said grantees,
or their successors or assigns, neglect!
fail or refuse to do the grading or
paving, or madacadimzing. or repaving,
regrading or remacadanilzing. herein
provided for. as and when required l.y
ciald city, then the said city may do
■uch work, a. I Hie expense of the'said
\\\e\r successors and
for the cost of such work,
interest thereon ’until paid, said
phall have a first Hen on aUch
street railway tracks, anti the riuht of
fcM’fty herein granted: but said grantees,
Ffltoccessorg and assigns, shall prepare
Mbe said track by laying the proper
.rails, and otherwise as spied fled by the
city for the said paving or o.h»r 1m
t provements.
Hhould said city hereafter determine
to pave or improve any «>f the streets
•r avenues over which the consent is
CITY ORDINANCES_
hereby granted to said grantees, their
successors and assigns, to operate a
street railway with a double track,
and wherein or whereon there .‘hall
have been laid but a single trick, said
grantees, or their successors and as
signs. shall, upon the completion of
such paving or improving, in said
streets or avenues, pay to said city
the cost of such paving or improving
for s<> much of said street or avenue
as will be occupied by the said se ond
or double track, and the space betwten
the track, and eighteen i1K> inches
on the outside of tile second track, or
lose the right to double track in such
territory; but the said city expressly
reserves the right, at its election, to
cause the work of grading, pavinir,
macadamizing, or regrading, repaying
or remacadamizing, or otherwise im
proving that portion of any street,
avenue or highway, over which the
said street railway has been laid, or
over which, under this franchise it
may be laid, to be done by Us own
agents or contractors, at the expense
of said grantees, or their suet »sors
and assigns, at the same time, anti in]
the manner that the work is Ion j
upon the tcrtaining portion of s.ui I
streets, avenues ot highways, ami ih°
cost thereof, with Interest thereon un
til paid shall he assessed a gain s’ and
shall become a first lien upon the right
of way herein granted, and the tracks
of said grantees, successors and as
signs.
And should the right of way herein
granted, by reason of any defect In the
construction of the read, or for want
of repairs, or for any other or different
reason, obstruct, impede or interfere
with the free and convenient use of
such streets, avenues or alleys, by per
sons on foot or in vehicles, then the
city shall have the right to cause such
right of wav to he put in condition for
the safe. free and convenient use
thereof by persons on foot and in ve
hicles, at the expense of said grantees,
their successors and assigns, and tlu
cost thereof may be assessed against
said right of way and tracks, and shall
he and become a lien thereon from the
time of the completion of the wt-rk.
prior to all Mens, except for taxes, bin
nothing herein contained shall be con
sidered to impose a duty upon the said
city to cause such work to he done,
and work shall not be done b> the city
unless the said grantees, their suc
cessors and assigns, shall, after p. rea
sonable notice to do such work, fail
to do the same..
Tiie said city reserves the right to or
der the removal of any dead or dis
used tracks from the highways, and
when so ordered, the said grantees,
successors and assigns, shall remove
the same within <50 days and restore
the highway to the satisfac t ion of tic
said cfty. or the said city may cause
the same to he done at the cost of the
said grantees, their successors and as
I signs, and may assess the cost thereof
[against the right of way an 1 tracks of
the said grantees, success »ra and as
I signs, and the same shn'l be a ii*-n
i thereon from the time the work is done,
| prior to all other liens except the lieu
I for taxes; and any track shall he con
sidered dead or disused whereon thi
said grantees, or their successors and
assigns shall not, after time allowed
herein for putting cars in operation for
revenue over their entire line or lines
covered by this franchise, regularl>
operate cars thereover, on a reasonable
sched ule.
And the city reserves tIv*-» right to
rescind and annul this franchise as to
such portions of said streets ns shall
continue to be occupied by dead or
disused tracks for a period of HO days
after notice to said grantees, their suc
cessors or assigns.
Sec. fi. The said grantees, th dr suc
cessors and assigns, shall construct
and maintain drain pipes or culverts
under their tracks on said lines on di
rection of the city of Birmingham,
wherever the same may tie needed, and
if the grantees shall fail to install the
same, the said city may cause such cul
verts or drain pipes to be established
by its own agents and contractors, .it
a reasonable cost, to be charged to the
said grantees, or their successors or as
signs. and the amount thereof may be
assessed against the right of way and
tracks embraced by this franchise in
the manner provided for assessing the
cost of street improvements, and such
cost shall thereupon become a lien upon
the said rig lit of way and tracks, prior
to all other liens, except for taxes, and
may be enforced as other liens for
street improvements are enforced.
Whenever the said city shall/cause
any storm sewer to be constructed
which shall drain any part of tiie right
of way hereby granted, a fair propor
tion of the cost of constructing such
storm sewer shall be paid by the
grantees herein, or by their successors
and assigns, and such cost may be as
sessed against the right of way and
franchises hereby granted, and the
tracks to be constructed thereover, and
the said cost shall be a lien thereon,
when so assessed, prior to all other
liens, except liens for taxes.
Sec. 7. Nothing herein contained
shall he construed to limit such right
or power as the city may now or would
hereafter otherwise have, by law or in
the exercise of its police or taxing
powers, to require grantees, successors
and assigns, to pave, drain. light, re
pair, or otherwise improve any por
tion of any street or highway.
Sec. S. The said grantees, succes
sors and assigns, shall forever permit
tlo- use of tiie tracks, poles and ap
pliances of tiie street railway herein
authorized to he constructed, by any
other street railway company, upon
payment to said grantees, their suc
cessors and assigns, of a just and fair
compensation, to which use said gran
tees, their successors and assigns, shall
consent, but such use by any other
company shall be exercised in such
manner as not to unreasonably im
pede or obstruct said grantees, or their
successors and assigns, in tiie use and
enjoyment of such tracks, poles and
uppiia nees.
The compensation herein provided to
be paid to the grantees or their suc
cessors and assigns, for the use of their
tracks, poles and appliances, by other
street railway companies, shall be as
certained or determined as Is now. or
may hereafter be. prov ided by law; and
in event there is no statute providing
for the ascertainment and determina
tion of the value of such use. then
the value of such use shall he deter-I
mined by the city of Birmingham.
And the said grantees, their sucres- \
sors and assigns shall, whenever so
directed by the city of Birmingham,
give and receive or exchange with any
other street railway, or Interurban
railway operating in the city of Bir
mingham and nndet like conditions,
giving, receiving or exchanging with
the grantees herein, transfers for pas
sengers without payment of fare, other
than, or additional to. the fare herein
provided for. but subject to such rea
sonable regulations for transfers as
may l>e approved by the city of Bir
mingham. The compensation or the di
vision of the proceeds received from the
transportation of passengers thus trans
ferred. and also the grantee's liability
arising therefrom, shall be determined
in the same manner as tiie compensa
tion and liability referred to in this
section concerning the use of the tracks,
poles and appliances by other street
railway companies.
Sim- !». The said railway herein au
thorized shall he constructed, operated
and maintained in accordance with this
ordinance and with the general ordi
nances now in force or which may be
hereafter enacted to regulate the con
struction. maintenance and operation « f
street railways in said city.
The work of construction herein au
thorized shall he subject to the super
vision and inspection of the city engi
neer. whose duty It shall lie to see that
said work is done strictly in accord*
aiu-e with the terms hereof.
Sec. in. The fare to he charged each
passenger, without baggage, or special
servitc. except hand baggage, for a
single continuous trip, shall nut exceed
five ii cents from any point in the;
city of Birmingham to any other point
on such line in said city, or from any
P'dnt mi such line in said city to any I
other point in said city and transfers!
shall he issued without extra charge I
for any line nr lines of grantees with
in said limits.
•S,M ■ I' i he city of Rirminghain shall |
have tin* right to regulate .schedules i
mill route cars operated under this
franchise, and wherever practicable,
cars shall in- muted through from one
end of its lines to the other, ami when
transfers are made outside of the fire
limits or in any exposed locality, trans- 1
fei stations shall lie provided to com-I
fortahly shelter the passengers while
being transferred. The cars run by
'the grantees, their successors and as
signs. shall be kept always clean, well
ventilated, well lighted and comfort-1
ably heated; they shall lie provided I
with brakes operated by compressed !
air. electricity or other mechanical
power, also wiih the best tvpe of fend
ers and wheel guards, all subject to the
approval of the city engineer. The !
city reserves the right to exercise con-I
trol of the operation of the grantee's
said lines by ordinance, so as to se
cure thereon adequate and efficient
service and the comfort and safetv of
Hie passengers and of the street t’raf- I
See. 12. The city reserves the right
CITY ORDINANCES
to require any reasonable changes in
construction, equipment or operation of
the property of the grantees, successors
and assigns, that maj from time to
time he proven efficacious in reducing
the noise and vibration incidental to
the movement of street railway traffic,
and in providing for the reasonable ef
ficiency of tiie service and safety of
the passengers ami of the general pub
lic.
Sec. 13. The said grantees, successors
and assigns shall light their tracks at
such street crossings in the city of
Birmingham in such reasonable man
ner and to such reasonable extent as
may )»*• directed by said city, provided
that this stipulation shall not he con
strued to prevent the city from re
quiting further lighting of such track
as may be authorized by the police
power vested In said city.
Sec. 14. And the said grantees, or
their successors or assigns, shall also,
upon the approval of their plans sub
mitted as hereinbefore provided for,
enter into bond with good and suffi
cient security, in the penal sum of ten
thousand ($10,000) dollars, that they
will complete the work of construc
tion of said line in a workmanlike
manner and promptly restore the road
way along the entire length thereof
to the condition it was in before being
disturbed by them, the said grantees
or their successors or assigns; and
the said city of Birmingham shall he
judge of said condition. And upon the
application «>f said grantees, successors
or assigns, the said city Khali inspect
said work, or cause tlie same to be
Inspected, and upon said work being
completed as herein required, said city
shall inspect said work or cause the
same to be inspected, and upon said
work being completed as herein re
quired said city shall declare said bond
satisfied. The said grantees, or their
successors and assigns, shall also fur
nish to said city of Birmingham a sat
isfactory guaranty as to the character,
durability and maintenance of all re
stored or constructed pavement along
such streets as at tlie time of construc
tion of the line herein provided for
shell be paved, such guaranty to be
for a term or terms of years which may
remain unexpired of any guaranty on
any pavement which may he. in the
construction of s.'iid lines, dug up or
disturbed, and such guaranty shall he
similar in terms to those then out
standing upon the several streets, re
spectively. Re fore the said grantees
herein shall he held to have restored
the roadway disturbed by the Installa
tion of said line, tlie guaranty here
in provided for shall he given.
Sec. 15. On or before the 25th day of
June. 1914. cars must be operated for
revenue over the entire line covered
by this franchise, if the said grantees,
or successors or assigns, shall make
default in compliance with this con
dition. the said city shall have the
right, and does hereby expressly re
serve tlie right, to rescind and annul
this grant in toto. without making any
return or proportionate return of the
consideration paid, or herein provided
to be paid by the said grantees, or
their successors or assigns.
Provided, however, that any delay
caused bv adversary injunctions or re
straining orders without the fault, con
sent or procurement of tlie said gran
tees. or their successors or assigns, or
caused by any other interference with
out their fault and beyond their con
trol. shall extend pro tanto the time
limits fixed by tills ordinance.
S. < . lfi. The said grantees, their suc
cessors ami assigns, shall pay all such
damages as may be awarded against
tlie city of Birmingham as a proximate
consequence of tlie construction, oper
ation or maintenance of said railway
and appurtenances by the said gran
tees. their successors or assigns, and
shall likewise defend any suit or suits,
which may he brought, whether at law
or in equity, against tin* said city of
Birmingham, and based on any breach
of duty by said grantees, their suc
cessors or assigns, or upon any defect
or negligence due to tlie default of
such grantees, their successors or as
signs, in tlie ways, works or machinery,
or in construction, maintenance or oper
ation of said railway or railways, upon
due notice thereof, and shall pav ail
damages and costs that may be awarded
against tlie said city, and based upon
such act. default or negligence of the
said grantees, their successors or as
signs.
Sec. IT. Tlie city of Birmingham re
serves tlie right to allow other tracks,
wires and appliances to he constructed
across said tracks, wires and appliances
l of tile said street railway at such
points and in such manner as said
oitv may direct.
And tlie grantees, successors and as
signs shall furnish and maintain one
cross-arm on each pole for the use of
the city for its fire alarms, telegraph,
telephone or any other municipal elec
tric lighting wires, for lighting the
streets, public buildings and public
places and other municipal purposes and
also to furnish and leave vacant for
the city's use one duct in every un
derground conduit laid.
Sec. 18. Tlie grantees herein, their
successors and assigns, shall establish
and maintain, on all their passenger
cars, separate compartments for tlie
conveyance of white and colored pas
sengers over its lines of street rail
way when required to do so by the
said city.
Sec. 19. In all cases of grade separ
ation or the elimination of grade cross
ings along, under or across the lines
herein granted, tlie grantees, or their
successors and assigns, shall pay such
proportionate part of (he cost {hereof
as may be determined by the govern
ing body of said city, not in any case
to exceed one-third of tlie cost thereof.
Sec. 20. The franchise hereby grant
ed Khali not he transferred or as
signed. either in whole or in part, to
any parallel or competitive fine, di
rectly or indirectly, without the con
sent of tile said city of Birmingham,
either by purchase, consolidation or
merger, or in any other manner what
soever except in conformity with the
terms hereinafter provided; and if this
condition is violated or evaded, the
city reserves the right on due notice
to annul the entire franchise. Provid
ed. however, that this section shall
not he construed to prevent said gran
tees. or their successors and assigns,
from conveying this franchise to any
trustee or mortgagee, and to his. their,
or its assigns, as security for bonds
or like evidence of indebtedness justly
incurred and issued in good faitii and
without any purpose or Intent thereby
to evade the condition imposed In this
section; nor shall this section bo con
strued so as to limit or impaii the
tights of tlie purchaser or purchasers
at such foreclosure .‘•ale or sales, to
have, use and enjoy the rights and priv -
ileges herein and hereby conferred on
said grantees, under like limitations,
and conditions as are herein imposed
on said grantees; ami every foreclo
sure sale or proceeding which shall
not he undertaken or consummated for
the purpose of satisfying such bonds
or indebtedness shall he considered as
within the prohibition against such
transfer or assignment of the franchise
hereby granted.
Sec. 21 It is expressly understood
that no provision of this franchise shall
he construed to limit the right and
power of the city of Birmingham rea
sonably to classify and tax or license
the said grantees, their successors and
assigns, within constitutional and leg
islative limitations.
Sec. 22. Tbe rights, privileges and
franchises herein granted are made sub
ject to a faithful performance by the
said grantees, their successors and as
signs. of the conditions, and of each
of them herein set forth.
Sec. 23. The president of this hoard
is hereby authorized and directed, for
and on behalf of. and in the name of
the city of Birmingham, to enter Into
an agreement with the said grantees
confirming the rights, privileges and
franchises hereby granted upon the
terms and conditions herein stated, and
adopting as a contract each and all . f
the provisions hereof.
A up roved Max 17. J913.
C. EXITM. President.
Board of ('onimissioners.
A. O. LANE. Commissioner
JAMES WEATHERLY. Com!
Attest: H. S. RYALL. City Clerk.
Age-Herald. May 19-26. June 2. 1913.
IMPROVEMENT ORDINANCE NO 750-C
An nrrpiisnof to provide f<>r certain improvement*
on St*fn<n uremic from Klyfwi street tn the went
line of lot II. block Sfi. West Kntl stirvev. amt
pt street Intersections between said point -
Me It ordained by tbe Mon.I of Commissioner* of
tlie city of Mtrmlngliam hi follow*
Refit Ion I. T’-nt - sidew-dk 'en > 101 feet wide
felons 'be south side of MMner n rent to front ii.e
west curb Hue of Klylon street to the west line of
lot 14, block S*i. West End survey, shall bp mi bed
with cement combined curb and gutter nml the «nt
tns paved with cement concrete for « width of
three (.11 feet
That the sidewalk along tlie south side of Steiner
avenue between tbe above named point* alley cross
logs. driveway* and street Intersections excepted
shall be naved with hydraulic cement concrete for
u width of four ip feet.
Sec. ‘J. That said improvement* shall be made in
accordance with tlie established grades on flip in
the office of the city engineer for said portion* of
said highway*, and according to full detail* draw
ing*. plan*, specifications and surveys of said ,vnrk
and estimate*, which shall be prepared bv the p,
engineer. »* early as practicable, mid placed tv
him on file In hi* office in the city hall, not i^i.r
than one week prior tn tbe date named In »eotinii
4 of this ordinance, where property owners win
may he affected bv sairl Improvements may see »„d
examine the *amt.
Sec. 3. That the coat of constructing said ua
CITY ORDINANCES
prorenuuis simll be assessed against the property
«nutting on t£e portions of the highways so Improved,
provided
<n) That the coat of all Improvements at or upon
street, avenue nr alley Intersections shall he as
seated against the lots or parcels of land abutting
on said highways so intersect lug for one-half block i
In each direction.
(hi That the coat of' sidewalk improvements mi
street and avenue corners aim 11 he assessed against
the lots abutting on or nearest to said improve
ments; and llie cost of sidewalk improvements «t
Hie Intersection of any alley with a street or avenue
or other highway shall he assessed in fair propor
tion against the respective lots m parcels of land
abutting or cornering on the alley at such inter
section.
(c) Thai no assessment shall exreed the cost of
Sllcli Improvement. ,*r the increased value of such
property, by reason of the special benefits derived
from such improvements
(di That the coat of improving between the tracks
and the rails of the tracks and IS inches on each
side of the tracks, of any street, electric or any
other railroad, Including switches and turnouts,
shall he pa hi by the owners *>f such railroad and
shall l.e assessed - against ami be a lien upon said
railroad and the property connected therewith and
a fait and Just proportion of the cost of the drain
nge Improvements shall he assessed lgalnst and he
a lien mi each street, electric or olhec railroad on
the highways or lights of way drained by such
drains or sewers: and nothing herein contained
shall he construed to relieve any such railroad of
Its obligation in the uiattei of si reel Improve
ruents.
Nee. I That the estimated cost of said Improve
ments Is $2300, and that Ihe Board of Commis
sloners will meet pu the filh day of June. 1913.
at the council cliRniher nf the city hall at 3 o’clock,
p. in., to hear any objections, remonstrances or pro
tests that may he made against said improve
ments. the manner of making ttie same. ;ir Hie
material lo lie used.
Approved. May 17. I9t:t.
C. K.\ I 'M. President.
Board nt Commissioners.
A O. I. AN K. CnnimiAsioger.
JAMES WKATH KR1.Y Com.
Attest H S. RYAIJ,. City Clerk.
Age-Herald. May 19-20. 1013.
IMPROVEMENT ORDINANCE NO. 749-C
An ordinance to provide for certain improvement* on
Twelfth avenue, north, front Twenty-fourth street
to Thirty-second street, and at street intersection* I
lietween said points.
Be it ordained by the Board of Commissioners df
the citv of Birmingham as follows:
Section 1. That smooth finished hydraulic cement
concrete gutters, two' (2> fen wide and six (9>
Inches thick, shall tie constructed on that portion
of the roadway next to the curbs on both sides
of Twelfth avenue front the west property Hue of
Twenty-fourth street to the east properly line of
Thirty-second street, and next to the curb* to the
property lines of Twelfth avenue at all intersecting
streets between the above named points: provided
that between the east and west property lines of
Twenty-ninth and Thirtieth street*, and along the
south curb from the west line of Thirty-first alley
to the west curb line of Thirty-second street, and
along the west curb line of Thirty second street from
the south curb line of Twelfth avenue to the south
property line of Twelfth avenue, and across ail alley
Intersection* between the above named points, the
gutter paving shall not be constructed, same being
already paved.
That the loadway (except glitters' on Twelfth
* venue, north, from the west property line of
Twenty-fourth street to the east property line of
Thirty-second street, and front property line to prop
er ty line at street intersections lie*ween said points,
■hell be paved with a bitumen end atone concrete
paving on a rt\e (.'it inch hydraulic 1-61110111 con- :
crete foundation, and provided that the following j
described area shall not be paved with a bitumen 1
and stone concrete paving, hut shall he paved with ,
hydraulic cement concrete, viz:
Beginning at a point on tlie south property due
of Twelfth avenue, is indie- west of tho west rnil ,
"f 'lie west track of the Birmingham ILtilwav. Light
and Power company on Twenty fourth street: thence j
eaateily along said south property line to a point j
IS inches east of the east rail of the east track
of said Birmingham Railway. Light and 1’ower
company; thence westerly and easterly parallel to
and 18 inches east and south from said east rail
to the cud of the curve Into Twelfth avenue; thence
continuing easterly IS inches south from and paral
lel to the Bouth rail of the south track of the Bir
mingham Hallway. Light and Powet company on
Twelfth avenue to the east line of Thirty-second
street; thence northerly along said east line to a
point 18 inches north of t tie north rail of the
north track of said Birmingham Railway, Light
ami Power company; thence westerly parallel to and
IS Indies north of said north rnil to the east
Hue of Twenty-fourth street; thence southerly par
allel to und 18 Inches north and west of the
touth and west rail of said Birmingham Rail
way. Light and Power company to the point of
beginning.
Sec. 2. That said improvements shall be made in
accordance with the established grades on file in
the office of the city engineer for suid portions of
said highway*, and according In full detail*, draw
ings. plans, specifications and surveys of such work
a ini estimates, which shall tie ptepared by the
city engineer a* earlv as practicable and placed bv
him on file in his office in the city hall, not later
than one week prior to the dale named in section
4 of Mils ordinance.where property owners who may
he affected by said Improvements may see and ex
amine the same.
Sec .1 That the cost of constructing said lm
provemeuts shall be assessed against the property
abutting on the portions of the highways so im
proved. provided
tat That the cost of all Improvements at or upon
street, avenue or alley Intersections shall lie as
sessed against the lots or parcels of land abutting
on said highways *0 intersecting for one-half block
in ench direction.
(hi That no assessment shall exceed tjie cost of
such improvement, or the increased value of stub
property, by reason of ttie special benefit* derived
from such improvements.
tet That 1 lie cost of improving between tlie tracks
and the rails of the tracks and 18 inches on each
side of rhe tracks, of any street, electric, or any
other railroad. Including switches and turnouts, shall
he paid by the owners of such railroad and shall
he assessed against und he a Hen upon said rail
road and the property connected therewith, and a
fair and just proportion of the cost of die drainage
linpiovement* shall be assessed against and he 11
Beil 011 each street electric or other railroad on
the highways nr rights of way drained by such
drain* or sewers; and nothing herein contained
shall lie construed to relieve any such rBlIrnud of its
obligation* in the matter of street improvement*.
Sec. L That the estimated cost of said improve
ments is *25.000. and that the Board of Co in mi.*
sinners will meet on the fith day of June. 1013. at
the council chamber of the city hall at 3 o’clock.
P m . to hear any objections, remonstrance* or pro
test* that may l»e made against salrl Improvements,
the manner of making the same, or the materia!
to be used.
Approved. May 17. 1913.
KXl'M. President.
Board of ( nmmissionets.
A O. LANK. Commissioner.
■TAMKB NvKATR KKI.Y. Com.
Attest H. S RYALL. Citv Clerk
Age-Herald. Ma> 19-20. 1913.
GRADE ORDTFAN'CE~NO~lOtfC
An ordinance fixing and establishing ttie grade of
Steiner avenue and the curbs on both side* thereof,
from ttie west curb line of Klyton street to the
west line of Jut H. block 8K. West Knd survey.
Me I* ordained, by (lie Board of Commissioners of
the city of Birmingham. That the grade of Steiner
avenue and the curbs on both sides thereof, from
the west curb Hue of Klyton -tree! to the west line
of lot 14. block 86. West Knd survey, lie. and tlie
'•Mine are hereby fixed and established as shown on
profile sheet \o. 100, heretofore exhibited to this
board and now on file J;i the city hall in the 1 rficc
of the citv engineer.
Approved. May 17. 1913.
Attest H. S. RYALL. City Clerk.
C. KXl'M. President.
Board of Commissioners.
A. O. LANK. Commissioner.
JAM KS WKATHKHLY. Com
Age Herald. May 19. 1913. %
< IMPROVEMENT ORDINANCE NO. 447.
NEW SERIES.
Supplemental, to amend section fi of an ordinance
entitled 'Improvement Ordinance No. 447. We.v
Series.' to provide for the construction of certaiu
-nini sewer h ami branches thereto."
Whereas. The city council of Birmingham on to
wb die 5th day of Mav. 1 !*0!». adopted an ordinance
titled "Improvement Ordinance No. 447. 'New Sc
1 ies. ’ to provide for t lie construction of certain
storm sewers and branches thereto, which said ordi
nance was duly confirmed ’on to-wit the 2d day of
•lime. lftflO. and.
Wheica*. Said ordinance faileil to correctly de
scribe all nf die area to he drained hy said sewers,
how. therefore in order to supply said defect.
Be it ordained. By the Board nf Commissioners
of the city of Birmingham as follows:
section i That section fi of -aid ordinance, en
titled "Improvement Ordinance No. 447. New :*»p
rie<.’ to provide for the construction of reVtnin
*'orm sewers and branches thereto, he" and the
same i« hereby amended so ns to read as follows,
viz:
spi That the said sewer? are constructed fur
the purpose of draining the territory nr area bound
'll ns follows: Beginning at a point where the east
line of Seventh street, if extended, northward from
Fifth avenue, would intersect the south boundary
line of Smith's park: thence eastward along the south
Hue of said smith's park to a point fin feet noith
"f Third alley; thence eastward and parallel to
said Third alley to Eleventh street; thence across
Eleventh street to a point on the east line of said
Eleventh street 20 feet south of Third alley; thence
in a straight line to the southwest comer of Third
alley and Twelfth street: thence eastward along
Third alley to a point 14ft feet east of Twelfth
Mieet; thence northward and parallel with Twelfth
street to a point HO feet north of Third alley; thence
eastward ami parallel with Third alley to a point
ton f«»P. east nf Thirteenth street: thence In a
straight line to the center of Third avenue 144 feet
west of Thirteenth street; thence eastward along ThlT<I
avenue to Hie northeast corner of Third avenue and
Sixteenth street: thence in a straight line to the
southwest corner of Third alley and Seventeenth
street thence northward along Seventeenth street to
Fourth avenue; thence eastward along Fourth avenue
to n point 7ft feet cast of Seventeenth street; thence
northward and parallel to Seventeenth street to ttie
'•Orth line of Fourth alley; thence In a straight
line n. »he southeast corner of Fifth avenue and
Eighteenth street ; thence northward along Eigh
teenth street to Sixth avenue: thence eastward along
sixth avenue to the center of Twentieth street ;
thence northward along the center line of Twen
tieth street to an intersection with the north line
•*f Seventh avenue. If extended: thence eastward
along (lie north line nf Serenth avenue. If ex
tended. to the cast line of East Twentieth sireet :
•hence eastward to an intersection with the center
line nf Seventh avenue and Hie west line of Twen
tv-flrst street; thence eastward along the center line
"f Seventh avenue to Twenty-seventh street: thence
! '"Uthwnrd along Twenty-seventh atreet to a point 120
| feet imrth of Sixth avenue; thence eastward ami
parallel with Sixtli avenue to a point I fit) feet west
"f Twenty-eighth sited: thence southeast ward to the
northwest corner of Twenty-eighth street and Sixth
avenue: thence northward along Twenty-eighth striet
t'» Eitdilh avenue: thence eastward along Eighth ave
nue to Twenty-ninth street: thence northward along
Twenty-ninth «'reet to the southwest comer of Nln*h
avenue and T.venl v-uiirth street; thence northeast -
erlv to a point ip the center of the Birmingham
Belt railroad. I Oil feet eastward from the east line
of Twruty-ninth street, measured along the center
line or -aid railroad, in block COO. Klyton hand
company’s Mtivry: theme northwestward to the
northeast corner of said l dock Him. Klyton Land
company’s survey: (hence to the Intersection nf the
'til'd- of Tenth avenue and Thirtieth sireet: theme
northward dong the center of Thirtieth street to
the intersection "f the center of Eleventh aveuue
and Thirtieth street- thence eastward to A point on
the '.'"'h side of Eleventh avenue 1*20 feet west «.f
Thirty first street- thence northeastward to h point
on the west line of Thirty-first street. 14ft feet north
of Eleventh avenue; theme eastward to a point on
the east dde of Thirty-first afreet. 145 feet north
of Eleventh avenue; thence eastward to a point on
Hie past side of the north and south allev In the
south half of block Hlfi. Klyton Land company sur
vey. which point Is 120 fgft north of Eleventh ^ve
nue; rhem-e northeastward to a point on the north
line of the east and west alley through block G4fi.
El.v ton Land company survey, which point is £0
feet west of Hip west line of Thirty-second street;
theme northward to a point on the south line of
Twelfth avenue. lftO feel west of Thirty-second street:
tlienee to a point on the north side of Twelfth are
nue 15n feet west of Thirty-second street- theme
northward to a point on the south line of the
east and west alley thwuigh hlock M4. Klyton Land '
company survey which point is HO feet weal of
Thirty-second sireet; thence westward along Hit south
CITY ORDINANCES
line of mid alley to the southwest corner of the in
tersection of the east ami west aud north and south
alleys in block 634. Kiyton Kami company'* su<
ve.v; thence southwest ward to a point on tlte cast
line of Thirty first street. 150 feet north of Twelfth
avenue; tlience westward to a point on the west
line of Thirty-first street 150 feet north of Twelfth
avenue; thence northwestward to the intersection of
ihe center "f the north and south and east aud west
alleys through block 655. Kiyton hand company sur
vey; thence northwestward to the intersection of me
center of Thirtieth street and Thirteenth aoenue.
thence continuing westward along the center of Thir
teenth avenue to a point 125 feet east of Twenty
ninth stieet; thence north to a point on the north
line of Thirteenth avenue 125 feet east of Twenty
ninth street; thence northwest to a point tin the
east line of Twenty-ninth stieet ■ 175 feet north of
Thirteenth avenue; thence southwest to tlte north
nest corner of Thirteenth avenue and Twenty-ninth
street ; tlience southwest to a point on the smith line
gf Thirteenth avenue i!"t feet east of Twenty-eighth
street thence in h straight line to a point on the
west line of Twenty-eighth stieet 140 feet north of
Twelfth alley; thence westward In u straight Hue to
a point on the west line of Twenty-seventh street
IKo reet north of Twelfth alley; theme southward
along tlie west line of Twenty-seventh street to a
point 80 feet north of Twelfth alley; thence west
ward in a straight- line to a point on the west line of
the Southern railroad company's right of way be- i
tween Twenty-sixth ami Twenty-seventh streets to |
a point ’.(Ml feet north of 'Twelfth avenue; tlience j
southward along the west line of said right of way ,
to Twelfth avenue; tlience westward along Twelfth |
avenue to a point on the north line of Twelfth hvw- 1
line 125 feel west of Twenty-fifth street; theme!
north westward hi a straight Hue l«> a point on the
north line <>f 'Twelfth alley 100 feet east of Twenty
fourth street; tlience northwestward to a point on
the east line of Twenty-fourth street 100 feet south
of Thirteenth avenue: tlience northward along Twen
ty-fourth stieet to Thirteenth avenue; thence west
ward along Thirteenth avenue to Twenty-third
street: tlience northward along Twenty-third street
to a point on the west line of *«Jd Twenty-third
street opposite the centei of Fourteenth avenue;
thence westward in a straight line fo a point on
the east Hue of section 26. township 17. smith, range
west. 120 feet north of the northeast corner of
tin* southeast quarter of the northeast quarter of
said -ectlou 26; thence southward along said east
line 210 feet; thence in a straight line to a point
on tlte east line of Huntsville avenue opposite tlte
center of Fourteenth avenue; thence westward along
Fourteenth avenue to a point on the north line of
Fourteenth avenue 60 feet east of Henry street ;
thence in a straight line to a point on tlte east
line of Henry si reet opposite the south, line of
Charles avenue; thence southward along Henry
street to Fourteenth avenue; tlience westward along
Fourteenth avenue to a point 325 feet west of Nine
teenth street ; thence southward to a point on the
south line of Marshall avenue 260 feet east of Al
leu street: thence southwestwuid to the northeast
corner of Allen street and Thirteenth avenue; thence
westwaid along Thirteenth avenue to a point on the
south line of Thirteenth avenue opposite the center
of Sixteenth alley; thence westward In a straight
line to a point on the east line of Sixteenth
street 25 feet south of Thirteenth avenue; thence
westward to a point on the west line of Sixteenth
street 125 feet south of Thirteenth avenue: tlience
westward to a point, on the west line of Fifteenth
street 66 feet south of Thirteenth avenue; tlience
southwest ward In a straight line to a point 236 feet
north of Twelfth avenue and 135 feet east of Thir
teenth street ; thence southward aud parallel with
Thirteenth street to Twelfth avenue; thence west
ward along Twelfth avenue to the southeast corner
of Twelfth avenue and Twelfth alley: tlience In a
straight line to a point on the east line of 'Twelfth
street 214.3 feet north of Fountain avenue: thence
south along 'Twelfth street to the south line of
Fountain avenue; thence eastward along the south
line of Fountain avenue to a point 20 feet east of
»lte east line of Twelfth stieet; tlience southward
In a straight line to the center of Kelley avenue 251)
feet east of Twelfth stieet : tlience westward In a
straight line m a point 444 feet west of Thirteenth
street and 110 feet north of Oak street: tlience
southward and parallel with Thirteenth street to tlte
south line of Oak street ; thence eastward al itig the
south line of Oak street to a point ltlO feet west
of Thirteenth street: thence southeastward in a
straight Hue to a point 142 feet south of Oak street
and 50 feet west of Thirteenth street; tlience east
ward and parallel with Kirkland avenue 50 feet to
'Thirteenth street : thence southward to the center of
Kirkland avenue ami Thirteenth street; thence south
westward to a point on the east line of Twelfth al
ley 300 feet south of Kirkland avenue; theme we-t
ward aud parallel with Tenth avenue to the west
line nf Twelfth alley: thence northward along the
west line nf Twelfth alley 65 feet; thence westward
in a straight line to a point on the west line of
'Twelfth street 500 feet north of Tenth avenue:
thence southwest ward In a straight line to a point
on tlie north line of 'Tenth avenue 100 feet west
of Twelfth street : thence westward to the south
east corner of Tenth avenue and Kleveuth alley;
thence southvvestwurd to the center of the Rirmlmr
ham Southern railroad right of way at a point so
feet southeastward of the center, of Kleveuth street:
thence northwestward along the center line of said
right of way to the center of Kleveuth street; thence
southward along Kleveuth stieet to a point on the
west line <»f said Kleveuth street 160 feet north of
Ninth avenue: thence south westward In a straight
line to a point on the south line of Ninth ave
nue 33o feet east of Ninth street; thence south
westward In a straight line to the center of Kighth
allev at a point 165 feet east of Ninth street ; tlience
southwest ward in a straight line to a point on Hie
center line of Ninth street 120 feet north of Kighth
avenue; theme south along Ninth street to Kighth
avenue; thence westward along Kighth avenue to
tlte east line of Walker street : thence southward
along Walker street to an Intersection with the east
line of Seventh street. If extended northward: thence
southward along the east Hue of Seventh street. If
extended, to the point of beginning.
Sec 2. That this hoard will meet at the council
chamber in the city hall lit said city on tlte Kth day
of June. 1013. at 3 p. nr. to hear any objections,
remonstrances or protests that may he made against
tlte making of said amendment, or against said
ordinance us amended, or anything herein contained,
and nt said time ami place said amended ordi
nance will be duly confirmed, amended, modified or
rescinded.
Approved May 17. 1913.
t. KXI'M. President.
Board of t'nmniissioners.
A. O. LANK, rnmmlssioner.
.1A M KS W HATH KRT.Y. Coin.
Attest: li. S IlYAl.l. City Clerk.
Age* Herald lia>
IMPROVEMENT UKUINANlit NO. 745-C
An ordinance to provide for certain Improvements
on Fourteenth street, from the north property line
of Second avenue to the north property line of
Avenue C, and at street intersections between said
points.
Be it ordained by the Board of <'nmtniflidnners of
the city of Birmingham hs follows:
Section 1. That the roadway between the curbs
on Fourteenth street from the north property line «.f
: Second avenue to the north property line of First
| hvenue, and from property line to property line tit
: street intersections between said points; and from
I the south property line of First avenue to ttie end
of die present paving at the north line of the gen
eral railroad right of way. and from property line
to property line at street Intersections Itetween said
j points; and all that portion of Fourteenth street
! from the north curb line of Avenue A to the north
property line of Avenue C\ and from property line
to properly line nt street and alley Intersections that
is not now paved: and all that portion of Avenue
A between Fifteenth street and t lie west property
line of Fourteenth street (hut is not now paved,
shall he paved with vitrified brick on a five (5) inch
concrete foundation, and provided tiiat the following
described area shall not be pa veil with litrlfled brick,
but shall be paved with granite blocks on a five 15*
inch concrete foundation, viz
Beginning at a point on Hie weal curb line of
Fourteenth street about two feet south of tlie south
line of Second avenue aud IS incites north from tlie
north rail of the Illinois Centra! Railroad company’s
track that crosses Fourteenth street at lids point:
thence eastward parallel to .tnd IS Inches north from
said north rail to (lie east curb line of Fourteenth
street; thence southward along same to a point 18
Inches south of the south rail of said Illinois Cen
11nI Railroad company’s track; thence westward par
aliel to said south rail to ilie west curb line of
Fourteenth street; thence northward along same to
Hie point of beginning. Also, beginning at a point
on tlie west curb line of Fourteenth street 56 1-2
feet south of the south line of Second avenue ami
is indies north of the north rail of tlie Illinois
Central Railroad company’s track, which crosses
Fourteenth street at this point; thence eastward par
allel to and 18 indies nottli from said north rail
to the east curb line of Fourteenth street; thence
southward along said east curb line to a point 18
Inches south of the south rail of said Illinois Cen
tral Railroad company’s track; thence westward 18
indies south from the south rail of said track to
tlie west curb line of Fourteenth street : thence
northward along said west curb line to the point
of beginning. Also, beginning at a point on the
west curb line of Fourteenth street I0:> 1-2 feet
south of the south lire of Second avenue, aud 18
Indies north of the north rail of tlie Illinois Cen
tral Railroad company’s track that crosses Four
teenth street at this point; thence eastward parallel
to and 18 inches north from said north rail of said
Hack to Hie east cutb line of Fourteenth street;
thence southward along said east curb line to a
point 18 Indies south of tin- smith rail of the Illi
nois Central Railroad company’s track, which crosses
Fourteenth street at u point 120 feet south of Second
avenue; thence westward parallel to aud 18 Inches
south from *the south rail of said truck to »lie west
curb line of Fourteenth street; thence northward
along same to Hie point of beginning. Also, begin
ning at a point on Hie west curb line of Four
teentli sneer 18 Inches north from the north rail
of the track of the Illinois Central railroad which
crosses Fourteenth street first south of First alley;
thence eastward parallel to and 18 indies north
from said north rail to the east curb line of Four
teenth street; thence southward along the said east
I curb line to a point 18 Indies south of the south
rail of the second track of tlie Illinois Central Rail
road company. Fourteenth street south of Flrg| al
ley; thence westward parallel in and 18 inches south
from said rail to the west curb line of Fourteenth
street ext cn> ini northward along same io I he point
of beginning.
Provided further, that the following described
area shall not lie paved with brick, which Is now
paved with timber paving, viz:
Beginning at a point in Avenue A on the east
line of Fourteenth street. 18 Indies east of tlie point
where the east rail of tlie east track of the Bir
mingham Kelt railroad crosses said east line uf
Fourteenth street; thence southward parallel to and
lfi Inches east from said rail of the Birmingham
Belt Railroad company in a point 18 inches north
of the north rail of the north track of the Bir
mingham Belt Railroad company that crosses Four
teenth street at tlie north line of Alley A; thence
eastward parallel* to and 18 indies north front
said north rail to the enst line of Fourteenth
street; thence southward along same to a point
18 Indies south of the south rail of the said track
of the Birmingham Belt railroad; thence westward
parallel to and 18 inches south from said south
rail to a point 18 inches east from the east rail of
the main track of Hie Birmingham Belt Railroad
company In the center "f Fourteenth street; thence
southward parallel to and 18 Incites easl from said
east rail to « point 18 Indies north of the north
tall of Hip track of the Birmingham Belt Railroad
company which crosses Fourteenth street at the south
line of Aliev A; thence eastward parallel to and 18
Inches north from said north rail to tlie enst Hue
of Fourteenth street: thence along same to u point
18 inches south of Hie south rail of said track;
thence westward 18 inches south from and parallel
to said tail to a point 18 indies east of the east
rail of the main line uf Hie Birmingham Bell rail
road In the center of Fourteenth street : thence
southward parallel to ami Is Inches east from said
east rail to a point 18 inches north of the north
rail of Hie Back of Hie Birmingham Bell Railroad
company, whblt crosses Fourteenth street in the
or liter of Avenue B; thence eastward parallel to and
18 Inches north from said rail to H point »8
inches west from the west tall of the spur track
or the Birmingham Belt railroad, which leaves
Fourteenth street at the smith line of Avenue B
and extends northeastward into block 127- thence
northward parallel to and 18 Inches west from said
west rail to the east line of Fourteenth street
thence southward along said east line of Fourteenth
street trr a point 18 indie- east from, at right
angles to the east rail of said spur track leading
Into block 12» ; thence southward parallel to and
IS inches east from said east rail to a point. 18
inches north of the north rail of the Birmingham
Belt Railroad company s track Hint crosses Four
teenth street in the center of Avenue B; thence
e»-iward parallel to and IS inches north from said
rail 1» »h* Une of Fourteenth street; thence
southward along same to a point )g indies south
of the south rail of said track; thence westward
parallel to and 18 indies south from said south
rail to a point IS inches east from the east rail
of the aforesaid spur track leading north of Four
teenth street and Avenue R into block 127; thence
southward parallel t*> ami is inches east ftom „N|(|
east rail to a point IS inches easl from the cast
CITY ORDINANCES_
rlrtT'oT^the'^maln line of the Birmingham Belt rail |
mad company Id the .enter of Fourteenth street:;
thence southward parallel to and 18 Inches east
from same to the north line of Avenue < : thence
westward along same to a point 18 Inches west c,r
the west rail of the main line of the Birmingham
Belt Railroad company in the .enter «f Fourteenth
street ; thence northward parallel to and 18 Inches
west from said west rail to the spur track into
the Warrior Manufacturing company’s plant; thence
continuing north and westward parallel to and 18
In.-lies from the south rail of said spur track into >
the Warrior Manufacturing company's plant lo the
west line of Fourteenth street: thence north along j
said west line to a point IS Inches north from and ;
at right angles to the north rail of spur Hack Into
I il.c Warrior Manufacturing company's plant; thence
I Miiithward and eastward and 18 Inches e»-t from
I said rail to a point 18 Indies west from the weal
I rail of the main track of Hie Birmingham Belt
Railroad company io Fourteenth street; thence north
Is inches west from said west rail to a point 18
inches south of the south rail of the track of the
Birmingham Belt Railroad company crossing Four
teenth street in the center of Avenue B: thence
westward parallel to and 18 indies south from said
smith rail lo the west line ..f Fourteenth street ;
thence northward along same to a point 18 Inched,
north of the north rail of the said track of Hie
Birmingham Belt Railroad company that crosses
Fourteenth street in the center of Avenue B: thence
eastward parallel to and 18 Inches north from snid
north rail to a point IK Indies west from the
west rail of the main line of the Birmingham Belt
Railroad company in the ceotor of Fourteenth stieet;
thence northward 18 Inches west from and parallel
to said west rail to a point 18 inches south of
the south rail <»f the Birmingham Belt Railroad
company's track, which crosses Fourteenth street at
the south line of Alley A: thence westward parallel
to and IS Indies south from said rail lo the west
l'oe of Fourteenth street: thence northward along
Mime to n point 18 inches north of the north
rail of said track, thence eastward parallel to
and is inches north from said north rail to a
point 18 inches west from the west rail of the
main line of the Birmingham Belt Railroad com
pany's track in the center of Fourteenth street;
thence northward parallel to and 18 inches west
from said west fall to a point 18 inches south
of the south rail of the track of the Birmingham
Belt Railroad company's track which croaaea Four
teenth street at the north line of Alley A; thence
westward parallel to and 18 inches south from said
south rnil to the west line of Fourteenth street;
thence north along same to a point 18 inches
north of the north lull of sal.I track; thence east
ward parallel to and 18 Inches north of said north
rail lo a point 18 inches west of the west rail
of the main track of Hie Birmingham Belt railroad
In the center of Fourteenth street ; thence north
ward 18 inches west front and parallel lo the aald
west rail to the east line of Fourteenth street;
thence southward along same to the point of be
ginning
Her. 2. That said improvements shall be made in
accordance with the established grades on tile In
the office of the city engineer for said portions of said
highways, and according to full details, drawings,
plans, specifications and surveys of aald work and
estimates, which shall he prepared by the city engi
•teer. as early us practicable, and placed by h'm
on ftle in his office In the city hall, not later than
one week prior to the .late fiiamed in section 4 of
this ordinance, where property owners who may he
affected hy said improvements may see and examine
the same.
Sec. 3. That the cost of construct Int ■■ Id im
provements shall he assessed against the property
abutting on the portions of the highways so improved,
provided
la» That the cost of all Improvements at or upon
street, avenue or alley intersections shall he assessed
against the lots or parcels of land shutting on aald
highways so intersecting for one-half block In each
direction.
(bi That no assessment shall exceed the cost of
such improvement, or the increased value of such
property, by reason of the special benefits derived
from such improvements.
(c) That the cost of improving between the tracks
and the rails of Hie tracks and 18 inches on each
side of the tracks, of any street, electric, or any
other railroad including switches and turnouts, shall
he pa id hy the owners of such railroad and shall
he assessed against and he a lien upon aald rail
road and the property connected therewith, and a
fair and juat proportion of Hie cost of the drainage
Improvements shall be assessed against and he a
lien on each street, electric or other railroad on
the highways or rights of wav drained by such drains
or setters; ami nothing herein contained shall lie con
strued to relieve riiv such railroad of its obligations
in the matter of street Improvements.
Sec 4. That (he estimated cost of said Improve
ments is $18,900. ami that Hih Board of Commis
sioners will meet on the 30lh day of May. 1913. at
the council clumber of Hie city lull at 3 o’clock, p.
m.. to hear any objections, remonstrances or pro
tests that may he made, against said Improvements,
the manner of nuking Hie same, or the material to
be u*ed.
Approved May 10. 1913.
C. FIX CM. President,
Board of Commissioners.
A. O LAN FI, Commissioner.
JAMES WEATHERLY, Com.
Attest H. H. HY ALL, city Clerk.
Age-Herald. May 12 And 19. 19]
IMPROVEMENT ORDINANCE NO. 74«C
Au ordinance lo provide for certain Improvement* on
Fourteenth street, north, from Fourth avenue to
the north property Hue of Sixth avenue, and at
highway Inlet section* between said points, ami at
the intersections of Seventh avenue with Four
teenth. Sixteenth and Seventeenth streets.
Ite it ordained hy the Board of ('uimiil.H.sloiiers of
tin* city of Birmingham as follows:
Section I. Thai the roadway adjoining tlie curb*
on both sides of Fourteenth street, north, fiom the
north property line of Fourth avenue to the north
property line of Sixth avenue and the roadway ad
joining Hie curbs at the intersection or Seventh
avenue and Sixteenth street, north, and Seventh
it venue ami Seventeenth street, non li. from property
line to property line, shall he paved with smooth
finished hydraulic cement concrete guttei paving for
a width of two (2i feet and of a depth ot six
tH» inches.
That the roadway (except gutters) on Fourteenth
street, north, from the north properly lute of Fourth
avenue to tlie north property line of Sixth avenue,
and from property line to property line at street
Intersection* between said points, and the roadway
(except gutter*' at Hie Intersection uf Seventh are
rtue and Seventeenth street and Seventh avenuF and
Sixteenlth street, and Seventh avenue anti Four
teenth street, from property Hue to property line,
shall he paved with a bitumen and stone concrete
paving on s five (5) Inch liydraulh cement con
crete foundation, and provided that the following
described area shall not he paved with a bitumen
and slone concrete paving, but shall he paved with
hydraulic cement concrete, via:
Beginning ai a point on the north property line
of Seventh avenue IK Inches east of Hie east rail
of the Birmingham Railway, light and Bower com
pany's track from Fourteenth street into Seventh
avenue; thence southerly and easterly parallel to
and Is inches east nnd north from said rail to
die east line of Fourteenth street, thence south
erly along said line to a point 18 inches south
of the south rail of xaid track: thence westerly
a ml northerly parallel to and is Indies south anil
west of said rail to the north line of Seventh
avenue; thence easterly along said north line »o
the point of beginning
Sec 2. Illht sanl Improvements shall be iua<le in
accordance with Hits established grades on Hie in
the office of the city engineer for *uld port ion a or
said Idghwuv *. and according to full details, draw -
ings, plans, specifications and surveys of naid work
and estimates, which slut 11 lie prepaied by t lie city
engineer, as early as practicable, and placed uy
him on file in ills office In the city hall, not later
than one week prior to the dale named in section
4 of tills ordinance, where property owners who may
he affected by said Improvements may see and ex
amine the same.
Sec. 3. That the cost of constructing said Improve
ments shall lie assessed against the property abutting
on (lie portions of the highway* so improved, pro
vider! -
(a) That the cost of all Improvements at or upon
street, avenue or alley Intersections shall be as
sessed against the lots or parcels of land abutting
on aa(d highways so Intersecting for one-half block
in each direction.
lb) Tliat no assessment shall exceed tlie coat of
such improvement, or the increased value of such
property by reason of the special benefits derived
from slid) Improvements.
tci That the cost of improving tret ween the tracks
and tire rails of tire trucks and 18 inches on each
side of the tracks, of any street, elertiic. or any
other railroad including switches and turnouts, shall
be paid by the owners of such railroad and shall
tie assessed against and be a lien upon said rail
toad and the property connected (herewith, and a
fair ami just proportion of the cost of the drainage
improvements shall be assessed agninst and be a lieu
on each street, electric or oilier railroad on the
highways or right* of way drained by such drains
or sewers; and nothing herein contained shall be
construed to relieve any such railroad of its obliga
tions in the matter of street improvements.
Sec. 4. That tlie estimated cost, of said improv e
men!* is $13,180. ami that (lie Board of t'nmmis
idoners will meet on the AOtli day of .May. 1913. at
the council chamber of the city hull at 3 o’clock, p.
in., to hear any objections, remonstrances, or pro
tests that may lie made againat said improvements,
the manner of making the same, or (lie material to
be used.
Approved May 10. 1913.
C. KXIM. President.
Board of Commissioner*.
A. O. l.ANK, Commissioner.
JAM KB WKATHKKI.Y. Com.
Attest: H. 8. MYALL. City Clerk.
Age-Herald, May 12_»nd 19. 191.1:_
IMPROVEMENT ORDINANCE NO. 748-C
An ordinance to provide for certain improvements
on Quinlan alley from the west property line of
Twenty-first street, westward 210 feet.
Be it ordained by the Board of Commissioners of
the city of Birmingham as follows;
Section 1. That Quinlan alley from the west prop
erty line of Twenty-first street, westward 210 feel,
shall be paved with hydraulic ceiuent concrete.
Sec. 2. That said improvements shall be made in
accordance with the established grades on file in the
office of the city engineer for sMid portions of said
highway*, and according to full detail*, drawings,
plan*, specifics!Ions and surveys of said work and
estimate*, which shall be prepared by the city engi
neer. as early as practicable, and placed by hint on
Hie in Ids office in the city hall, not later than
one week prior to the date named In flection 4 of
lids ordinance, where property owners who may he
affected by said improvements may see and examine
the sunte.
Sec. 3. That the cost of const meting said improve
ments shall be assessed against the property abut
ting on the portions of the highways so improved,
provided
(aI Thai the cost of all improvements at or upon
street, avenue or alley intersection* shall he un
seated against the lot* or parcel* of land abutting
on said highways so intersecting rot one-half block
in each direction.
<bt That no assessment shall exceed the cost of
such Improvement, or the increased value of aucli
property, by reason of the special br.ieflta derived
from such Improvements.
Sec. 4. That the estimated cost of said imprnve
nients is $450. and that the Board of 4'omnilsstouers
will meet mi the *404lx day of May. 1913. at the
council chamber of the city hall at 3 o’clock, p
in. to heat any objections, remonstrance*, or pto
ic*ts that may be made again*!, said Improvement!,
die manner of making the same, or the material
to be used.
Approved May 10. 1913.
r. KXI M. President.
Board of (’niiimliMioiier*.
A. O. l.ANK. tnmilii-sinner.
JAMKS WKATHKKI.Y. Cum.
Attest; H. S. MY ALL. City Clerk.
Age-Herald. May 12 and lit. 1913.
IMPROVEMENT 0RDINANCE_N0—747^C
All ordinance to provide for certain improvemente
on Cleveland street from the north propeitv line
of Highland avenue to the hoiiOi edge of the
granitoid paving at t lie ii.teraeclion of Cleveland
street and Madison avenue, and at highway in
tersecilou* between said polnls.
Be it ordained bv the Board of Commissioners of
the city of Birmingham a* follows;
Section I. Thai die roadway between the gutters
on said Cleveland street from the north property
line or Highland avenue to the south edge of die
granitoid paring in the Intersection of Cleveland
street and Madison avenue, and the roadway be
tween the gutters at all street Intersection* be
tween said points, shall lie paved with a bitumen
ami stone concrete paving on » five (5) inch hy
draulic cement concrete foundation.
Sec. 2. That said improvements shall be made
in accord-utce with the established grades on file
in the office of the city engineer for said portions
of said highway*, and according to full detail*,
drawings, plans, specifications and survey* of said
vmrk and estimate*, which shall be prepared by the
city engineer a* earl.v as practicable, and placed Uy
Ujli on file In hi* office in (lie city hall, not later
out week prior to the date name* in section
i
CITY ORDINANCES.
4 of this ordinance, where property owner* wh®
may be affected l^- said improvement* may ace and
examine the same.
Se.-. That tlie coat of constructing aaid im
provement* aim II be assessed ngaln»t the property
abutting on the portions of the highways so Im
proved, provided
tai That the cost of ail improvements at or upon
street, avenue or Hlle.v intersections shall be as- *
seased against the lots or parcels of laud abutting
on said highway* so Intersecting for one-half block
In each direction.
<bt That no assessment, shall exceed the cost of
Midi Improvement. or the Increased value of such
property, h.v cfcison of the special benefits derived
from such improvement*.
<c) That the cost of Improving between the track®
and the rails of the track* and 18 Indie* on each
Side of the tracks, of any street, electric. 0P an
other railroad, including switches and turnouts shall
he l>ahl by the owners of such railroad and shall
he assessed against and he a lien upon said railroad
and the property connected therewith, and a fair j
and just proportion of the cost of the drainage
Improvements shall he assessed against and be *
Hen on each street, electric or other railroad on th®
highways or rights of way drained by such drain® <
or sewers; and nothing herein contained shall b®
’■construed to relieve any such railroad of Its ©bll- f
gallons In the matter of street improvements.
Sec. 4 That Hie estimated cost of said improve
ment* Is $159#. and that the Hoard of Comm is- 1
sionera will meet 9011 the 10th day of May, lHiy
at the council chamber of the city hall at 1 o’clock*
p. in. to hear any objections, remonstrance®, or
protests that may be made against said improve
ments. Hie manner of making the same, or ij*
material to be used
Approved May 10, 1013.
l\ EXUM. President.
Hoard of Commissioner*.
A. O. LANE. Commissioner.
JAMES WEATHERLY. Com.
Attest: H R. RYALL. City Clerk.
Ago-Herald, May 12 and IP. 1911,
LEGAL NOTICES
DTI C E~ TO^CONTRACTORST “
Healed proposal* will be received by the under
"limed until 3 o’clock, p. in.. Friday. Mar 23, 1!«13.
for the construction of certain asphalt paving under
Improvement Ordinance No. 743-0; al*o for the
construction of certain sanitary sewers under Im
provement Ordinance No. 723-C; specifications may
be obtained ami plans examined at this office. Th#
right 1* reserved to reject any and all proposals.
Signed) WAhTKK <; KIKKPATKIdC,
^RTHerahl. May 10, 20, 2J. Cltj Engineer.
Exploration of Ancient Tombs
From the Philadelphia Public Ledger.
At Paestum the excavations have
brought to light archaic terra cotta
decorations from the oldest tempi*—*
the so-called Basilica—and It now ap*
pears that this and not the boat pre-*
served and finest one of them all, must
be called the temple of Poseidon, the<
protecting deity of the town. The main
street has been cleared for over 100
yards and remains of buildings of th*
imperial period have been found alon«?
its course, Including an angle of the
Forum Here vie may hope that fur
ther investigations will continue t®
provide Interesting results.
The official accounts are now avail-*
able of excavations called on by Pro-*
fessor Oral In Salabra In 1010. At
1-ocri Eplzephrtl a necropolis was ex
plored. in which, owing to the absence
of suitable stone for sarcophagi, large
tiles were used for the burial of the
bodies. Over 250 tombs w’ere found,
placed extremely close together and
extending over three centuries, front
about 650 B. C. to about 250 B. C. It
w’as not rich, and no vases of special
rote were discovered; but a number of
fine bronze mirror handles were found
in several of which the form has been
borrowed from Ibnlc architectural mo
i i ves.
A large Doric temple was also found,
with numerous fragments of its terra
cotta decorations, belonging apparently
to the second uuurter of the fifth cen
tury B. C., and a small sanctuary of
Athena was also excavated. The fa
rm us Temple of Hera on the Laclniati
promontory near Croton, was also ex
plored. The wall of enclosure of the
peribolos was found with a fortifie 1
entrance to It from the great road
which led to the temple from Croton,
belonging apparently to the period of
the Roman republic. Of the temple It
sidf very little Is left, except the one
column which still stands close to the
shore and Is In danger of being de
si royed by the waves. Architectural
and decorative fragments of marble
and terra cotta were dug up. Remains
*>f a thermal establishment of the Ro
man period, with a fine mosaic pave
ment. were found nearby.
The exploration of prehistoric ceme
teries In various parts of Italy still
continues, and the wealth of material
of this nature Is continually on the
Increase. A large cremation cemetery
of the bronze age. apparently. Mas re
cently been found In the central Ap
p< nnines w'ithin the ancient Plcenum.
Excavations have also been carried on
at various cemeteries in Etruria, not
ably near l,eprignano. close to the site
of the ancient Capena. where important
dk coveri»*s had already been made in
the past years, while Professor Tara
melll has prepared a long report on
the discovery of an important Phoe
nician necropolis at Cagliari, In Sar
dinia.
The past year has thus been one of
considerable activity and the fact that
work will be continued on many of the*
sites mentioned augurs well for the fu
ture. A number of casual discoveries
were made In Tripolitania and Cyre
nacia during the war, and now' that
these territories have become Italian
colonies we may expect that their arch
tf< ological exploration will be carried
on more thoroughly and methodically
;han has hitherto been possible.
White House Blooms
From the New York American.
Washington.—To provide the White
House with cut flowers dally and th*3
grounds surrounding it with shrubs and
blooming plants in season the United
States pays out every year $12,000. No
other appropriation for'the needs of the*
executive mansion is expected to prove
as interesting to the present "First
Lady of the l^and," for Mrs. Wilson is
a lover of flowers—even more so, if
report be true, than the wife of any
Preside nt in recent administrations.
From the Roosevelt regime Mrs. Wil
son will inherit, as did Mrs. Taft, im
proved facilities for supplying the
White House* with flowers for state oc
casions and daily use. Originally the
White House conservatories were lo
cated on the west terrace. In 1902,
while former President Roosevelt was
In office, they were removed to the site
south of the Washington monument,
where they now form a part of the
propagating gardens.
In all, 16 greenhouses are maintained
In the propagating gardens for the ex
clusive needs of the executive mansion
and grounds. Congress appropriates
annually $9000 for their maintenance
and $.'{000 for repairs.
No new flower gardens have been laid
out in the executive mansion grounds
during the administration of President
'Paft, and It is not likely that any will
be added while the Wilsbns are occu
pants of the ‘White House, for expert
landscape gardeners have declared that
the present arrangement cannot be im
proved upon.
But the next four years may witness
the installation of facilities for increas
ing the productivity of the propogatlng
station which supplies the nation s man
sion with flowers.
A Club Kick
From Everybody’s Magazine.
The house committee of a New York
club recently received this unique com
plaint :
"1 have the honor to Inform you that
T lunched at the club this afternoon and
had as my guests three gentlemen, all
well known gourmets. Anfongj. other
things an omelet wus served. It flon
tained only three files. As an old hiem
1 n-f of tlie club, jealous of its reputation.
I naturally found this very embftrg
jug, hs. in order to make an ir
division of the omelet It was ('
either to divide a fly—a nice btj
ing, as you must concede—or 1
myself. I beg to suggest that
ture. when an omelet Is servjj
persons, it should either be wf|
flies or (b> no flies at all."
They Should Weep Els
From the Philadelphia Publl
A lady com darned to her
the quality of the milk he
"Well, mum." said Hie mil
cows don't ket enoukh arnsi
time c' year. Why. them ro
as sorry about It as I am.
'em cryin — regular (lyin', m
they feel as hniv their mil
'em ertdlt. Don't you believe
"Oh. yes, I helleie It." rei
customer; "liut t wish In I
see that they don't drop the
uur cau."
/_