The Birmingham age-herald., 1902-10-05
MAKES PROPOSITION
 ID WATERCOMPA ANY
Special Committee on Filtration
 Plants Holds Meeting
TIME LIMIT IS NAMED
North Birmingham Plant Must Be Fin lshed Within 12 Months and Ga haba Plant In 1s Months,
 Or Free Water.

The special committee on filtration plants. appointed from the city council. has "put 1t up to the water works people to sign an agreement to have the North Birmingham and cahaba filtration plants finished and in operation at a specified time, or failing to do so, to pay , a penalty of furnishing free to the city water at the fire hydrants until the plants are completed.
 Yesterday morning at Il o'clock the special committee met in the office of the mayor and drafted an agreement that has been sent to the water works people for it's signature,
 The proposition briefly Is that the wa ter company Is to have the filtration plant at North Birmingham finished within one year from the first of oeto- Der. 1902 the Cahaba plant finished within eighteen months from the same date: if they fail to comply with the agreement the company to furnish water at the fire hydrants to the city free of charge until the plants are ready for use. and that in case the plants are fin- ished as per the agreement the city to pay for water at the rate of $55 for each hydrant.
 The proposed agreement was yesterday sent by the mayor to the local office of the water company. It will doubtless be several days before an answer is re- ceived.
 Those present at the meeting of the committee were Mayor Drennen, City At torney Smith, Aldermen Kerr and Alt man. The agreement in full. as drawn up by the committee, is as follows;
 The Agreement.
 'To the Mayor and Aldermen of Bir-
 mingham
 Il. The Birmingham Water Works com pany agree, unless prevented therefrom by strikes, riots, the act of God or the public enemy, to establish and put in operation an efficient system or plant for Altering the North Birmingham sup ply of water within twelve months from October 1. 1902, and to establish and put in operation an efficient system or plant for Altering the Cahaba supply of water within eighteen, months from said date, so that both of said supplies of water shall be pure, clear, wholesome and suit able for all domestic and ordinary manu- featuring purposes, and sufficient in quantity for all uses of the city of Bir-
  for all manufacturing purposes.
 ''2 We further agree that If said filtra- tion plants or systems are not established and put in operation as above set out, we will furnish the mayor and aldermen of Birmingham water as at present for their fire hydrants free of all charge whatever until said plants or systems are estaf- lished And we agree that this is to be interpreted as follows: IT we fail to es- tablish and put in operation the North Birmingham plant or system in twelve. months, as above set out, then the mayor and aldermen of Birmingham shall not pay for water for their fire hydrants un- til both the North Birmingham and the Cahaba plants or systems have been es- tablished and put in operation.
 If We do the North Birmingham sys- tenn or plant within the time above set out but fail to establish and put in ope- ration the Cahaba plant or system within eighteen months, as above set out, then the said mayor and aldermen of Bir- mingham shall not pay for any water used for fire hydrants until the said Ca- haba plant or system is established and put in operation.
 ''3 The consideration of this agreement is that the mayor and aldermen of Bir- mingham shall, until said plants or sys- tems are established and put in opera tion. as above provided for, or until this agreement is violated by us, pay for fire hydrants at the rate of S55 per annum for each fire hydrant used in said city.
 A. We understand and agree that the mayor and aldermen of Birmingham, by accepting this agreement from us, do not in any way thereby ratify or recognize a contract between us and themselves which was made in conformity with an ordinance adopted the 81st day of May, 1888, nor will the acceptance of this agree ment in any way be considered as a waiver of any breach of said contract which may have been committed by us prior to this time.
 '5. Each stipulation contained herein is of the essence of this agreement"