The Birmingham age-herald., 1910-11-17

each side, the approaches shall be buil.
 70 That the city shall provide right of-way for this viaduct and the ap- breaches and shall assume all property damages consequent upon the building of the same, except as provided in article hereof.
 ''3 That the cross streets and alleys be- tween the limits of said viaduct (except Twenty eighth street as now dedicatedD shall be closed from First avenue to Ave- hue B and not thereafter opened The corporations cannot consistently accept the proposition of the city to limit the term of closing the streets and alleys to % years.
 That the paving of First avenue at present grade shall be abandoned and the corporations held harmless therefor, and that First avenue shall be closed at the surface for the length of its occu- patton by the viaduct. That Second. Third and Fourth avenues and alleysa shall be closed between the west line of the s. &- N. A. R. R. company's right-h of-way and Thirty-second street. ThatI 1 Thirty second street, between Avenue F' and Eleventh avenue, shall not here- after be improved for highway pur- poses.
 "The Sloss-S Sheffield Steel and Iron company cannot accept the proposition to furnish all of the sag required by the city for 20 years free of charge, since 1t has now in existence a contract which continues for five years and under which the city has the right to slag for it's own purposes without cost.
 "A. That the city shall agree to keep in repair, after completion of initial con- struction, the paving of the roadway and sidewalks of the viaduct, except the right-of-way of any railroad or street railroad companies crossing the same, which they will maintain as on streets.
 ''5 Since the city engineer has esu- mated the cost of this viaduct. including approaches, to be $342, ,31175, which in- cludes $91 1925 for engineering. etc, the corporations will agree to contribute for the construction of this viaduct, S300,- od0, as representing the entire cost of the viaduct exclusive of the approaches. That the construction of the viaduct shall be done by the city and the corporations will pay the amount to the city, upon prop erly certified estimates, as the work pro- gresses
 That the viaduct shall be of permanent and substantial character and of mod ern specifications.
 "6 The corporations in interest cans not consistently bind themselves to con- struct a subway and approaches or via- duct and approaches on Twenty-eighth street between Avenue c and Second ave- nue. north, at this time. If the city will agree not to require such Improvement to be made within i've years, tne cor porations will, at that time, take the matter under consideration, with the view of working out a plan which shall be carried out with an equitable division of this expense between the corporations and the city.
 "7. The corporations in interest agree to | waive all abutting property damages | against their own property in conse- | quence of the aforesaid viaduct over | First avenue These corporations cannot undertake to bind the Mobile and Ohio Railroad company ande other railroad companies not parties to this arrange ment, with respect to abutting damages to their property.
 "The committee was directed to con vey to you the sincere desire of the cor porations to effect an adjustment of the question upon an amicable basis and 10 add that if there are any features which the authorities would care to discuss, the executive officials of the corporations will gladly meet your committee at sucn time as may be mutually convenient. Yours truly, l.. SlEVER' Chairman"