The Birmingham age-herald., 1902-10-16
One to Be Completed Within F Months the Other
 Within 10 Months
ALDERMAN JONES WANTS
 MORE FIRE APPARATUS
Introduces Resolution to Purchase One Engine, One Hose Wagon and Add Ten Men to Department.
 Improvement Ordinances.

The Birmingham Water Works com pany has formally agreed in writing to establish a filtration plant at North Bir- mingham within twelve months and one on Shades mountain for the Cahaba sup ply to be completed within eighteen months. This agreement was presented to the city council at it's meeting last night. It Is substantially the same agree ment as was recently prepared by the special committee of council and pre- sented to the water company for their signature.
 At the meeting Alderman Harry Jones, chairman of the fire committee, intro- duced a resolution providing for the pur- chasing of one new fire engine, one hose wagon. two hose wagons to replace those now In use and which are worn out, and the addition of ten f1remen to the fire de- partment of the city. It was referred to the finance and fire committees.
 The agreement, as finally settled upon, signed by the water works company and adopted by the city council last night upon recommendation of the special hl- tration committee, is as follows:
 The Agreement.
 To the Mayor and Aldermen of Blrming-
 ham:
 1. The Birmingham Water Works com pany agrees, 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 SUD- 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- mingham, Ala, and its inhabitants and for all manufacturing purposes.
 2. We further agree that if said filtra- tion plants or systems are not establish ed and put in operation as above set out, we will furnish the mayor and alder men of Birmingham water as at pres ent for their fire hydrants free of all charge whatever until said plants or systems are established. And we agree that this is to be interpreted as follows: If we fall to establish and put in opera ton 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 until both the North Birmingham and the Cahaba plants or systems have been established 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 op- eration the Cahaba plant or system with in eighteen months, as above set out then the said mayor and aldermen of Birmingham shall not pay for any water used for fire hydrants until the said Ca- haba plant or system is established and put in operation.
 8. 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 ton, as above provided Tor. 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.
 No Rights Waived.
 4: We further understand and agree that the mayor and aldermen of Bir- mingham, by accepting this agreement from us do not in any way ratify or re- cognize a contract between us and them- selves which was made in conformity 
 of May, 1888, nor will the acceptance of this agreement in any way be considered as a waiver or any breach of said con tract, which may have been committed by us prior to this time; it being under stood, however, that nothing in this agreement is to be construed as waiver or release or modification by us of any right under said contract, or as any ad- mission by us of any breach of any said contract or of any public duty
 g. Each stipulation contained herein Is of the essence of this agreement
 6. We further understand and agree that nothing in this agreement is to be cor rstrued as affecting the rights of eith- CT the city or of the Birmingham Water Works company in reference to the charges for sixteen certain fire plugs
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