Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-08-17
PAVING.
Proposed Agreement between the
City and the Street Railway
Committee.
The whole Matter to DO Decided
next Tuesday.
shagen.


The first step toward settlement OF
the squabble between the municipal au .
thorities and the Street Railway Com
pany was taken yesterday afternoon.
City Attorney Morgan, whose assistance
had been invoked, presented to the Board
thefollowing agreement, the joint produc-
ton of himself and Charles Kortrecht,
Esq the representative Of the railway
corporation. Whether the terms will be
accepted by the city is to be decided at
the regular meeting of the Board on
Tuesday;
WHEREAS, the Memphis City Railroad
Company, under charter granted by
the Legislature Of the State, on the 7th
of June, 1865, and under a contract
made with the Board of Mayor and AL
dermen of Memphis, on the 18th of Feb.
ruary, 1866, have constructed street rail
ways, and laid street railway tracks on
Main and other streets of the city, ac-
cording to street grades and lines fur
nished by the city engineer.
And whereas, the city authorities now
contemplate the paving with the Mich.
olson Pavement of said Main and
other streets occupied by the tracks of
said railroad company:
And whereas questions have arisen
between the Board of Mayor and Alder
men of Memphis, and said railroad com.
pany as to their relative duties and
liabilities in the premises. Now, for the
purpose of furnishing basis for the
future adjustment of all questions of
difference between them, so that the
street paving shall not be delayed there
by, this contract is made
The Board of Mayor and Alderme n
claim that said railroad company should
do the street paving or pay for it for all
that part of any street occupied by sire ct
railway tracts that lie within, between
and for two feet outside the tracks, and
said railway company not admitting said
liability, but denying the same, thereby
consents and agrees that the said city
by going forward and doing the paving,
or having it done, shall not prejudice it's
right to hereafter sue and hold the COM
pany liable and responsible therefor, if
it be liable:
And said Memphis City Railroad Com.
pany claims that the Board of Mayor
and Aldermen and the City of Memphis
is, and will become liable to said COM
pany caused by the changing of grade
| or lines of streets, and for all the costs
and expense of raising or lowering or
taking up and relaying said railway
tracks or any part of them, to have been
or may be made, and the pavements as
they shall be laid, and to the lines as
they have been or shall be established,
and TO all damage, cost and expense
which the railway company may neces-
sarily incur to make the pavement con-
form to the railway track so as not to
interfere with their free and proper use /;
and said Board OF Mayor and Aldermen,
not admitting said liability, but denying
the same, hereby consents and agrees
that the said railroad company by going
forward as the grading and paving Of the
streets progresses, and doing or having
done the necessary work, towit; raising,
lowering, moving, taking up and relaying
its tracks as the pavements, grades and
lines of streets according to which the
pavemeAts are laid may require; and by
mourning the necessary costs and ex-
penses to make the pavements to the rail-
way tracks so as not to Interfere with their
free and proper use, shall not and will
not prejudice the right of the railroad
company to hereafter sue and hold the
city liable and responsible for all or any
of said cost, expense and damage, if it
be liable.
The intention hereof being that moth
ing shall be done by either party to
hinder or delay the speedy completion
Of the contemp ated street paving, and
conforming and adapting the street rail.
ways thereto, and that the rights and
remedies of each of the parties hereto
against the other, shall be preserved and
remain for future suit or settlement-the
same as if sued or settled now.
Signed in duplicate this the - day
of August, 1867, and the seals of the
respective parties are hereto affixed.
The turning point of the question will
doubtless be whether the pavement can
be properly laid without the removal of
the railroad General belief is adverse
to the proposition.