The Birmingham age-herald., 1908-08-30
MAYOR FAVORS THE
 CHANGE OF ROUTE
CITES CERTAIN OBJECTIONS IN RESOLUTION PROVIDING FOR HIGHWAY OVER RED MOUNTAIN AND ST. CHARLES STREET.

On account of the objections of the property-owners to the use of St. Charles street for a car line, it has been decided to use another more convenient route, and Mayor Ward has returned the fran chise for St. Charles street to the council unapproved, in order to make the neces- sary changes in the ordinance. Here is the veto:
 Birmingham, August 29. 1908. To the Honorable, the City Council of
 Birmingham, Through the Street Com-
 mittee.
 Gentlemen-I return herewith not ap- proved, resolution presented on behalf of Steven Smith and G. T. Brazelton and adopted by council August 19, 1908.
 On receipt of a petition from certain owners of lands in Shades valley, your honorable body, after recommendation from the street committee adopted a resolution in which the city agreed to condemn, receive and acquire rights -of- way, and agreed to order and supervise the building of a 50-foot roadway from the southern terminus of Florida avenue on to the city limits at the crest of Red mountain.
 The resolution also gives without charge or conditions, a street railway franchise extending from present terminus of Eff teenth street car line along Thirteenth avenue, Florida avenue and the proposed new road to southern city limits
 In order to consummate this agreement the Mayor was instructed to enter into a contract committing the government to above project, but protecting 1t from all expense arising from condemnation or construction; also providing that your legal and engineering departments shall supervise without charge the progress of the work.
 Said contract is herewith submitted for consideration As far as l can tell, 1t covers all points specifically required by the resolution. The signature of the Mayor, however, is withheld pending a more thorough consideration nf points al ready agreed on, as welt as points that should be agreed on, but have not been mentioned.
 RECOMMENDATIONS.
 In taking up the matter afresh the fol- lowing recommendations are submitted:
 First-Since the passage or the resolu- ton the property along Florida avenue, south of Thirteenth avenue, have made vigorous protest against the car line and presented an unanimous adverse petition, asking that the railway reach the mountain some other way 1t is pos sible change can be made satisfactory to all concerned, whereby the road can go along either Eleventh street or through the 33-foot right-of-way imme- diately east of Glen Iris park.
 Second-When the franchise is granted, it should provide that additional fare can not be charged either going out or com ing in, at the point of connection with the Birmingham Railway Light and Pow CT company, it being your intent to have the new line covered by the existing transfer arrangement with that company.
 Third-It would also be wise to provide that the life of the new grant expire along with the Fifteenth street extension of the Birmingham Railway Light and Power company, 30 years rom April f. 1906; also that the railway be con structed, maintained and governed by the same general contract now existing be- tween the city and the Birmingham Rail- way Light and Power company; that the road cannot be sold consolidated or trans ferred without having first obtained con- sent of the city.
 Fourth-The character and cost of main- taining this chert mountain road Is a matter too serious not to De taken care of in specific terms sbefore a contract Is signed
 The resolution expressly exempts peti- tioners from building curps or gutters at present. and provides in not any way for protection against rains or flow of water down the mountain side
 This burden will therefore fall on the city. Members of the board who are fla miliar with complications and expense in cident to chert streets built on hilsdes, with or without gutters, can realize what this will mean.
 It should also not be overlooked that the citys liability for damages on road ways remote Is as heavy as in the center of the city, while probability of accidents is greater
 Liability laws against counties for damages differ much from those govern ing municipalities.
 Therefore l recommend that this road be built according to usual county specl- fications for mountain roads; that said specifications be set out in full in con tract and that builders be required to keep road in good condition for period of five years at least.
 This can be justified by the fact that the city has now more. than 100 miles of macadanized road, some of which has almost gone to pieces, although install ments are still being paid; and miles of which recently acquired nave altogether gone to pieces and all of which should be repaired at once to save further loss.
 It would, therefore, seem that these roads should be given preference in ex- pending money for repairs, as against a private developing proposition outside of the city, from which you will receive no taxes and which is not responding to as- sessment burdens.
 Fffth-That general surety bond be entered into by petitioners and turned over to the city. which will guarantee the fulfllment of all terms of any con tract entered into and that the work will re carried through and not abandoned.
 Respectfully. c. WARD. Mayor.