The Birmingham age-herald., 1910-11-17
CITY ISSUES ITS ULTIMATUM TO
 RAILROADS ON YIADUCT MATTER
CONTINUED FROM PAGE a.)


 work to begin on or before January l. 1911.
 Subway, Twenty eighth Street.-The railroad and furnace companies in h. terest agree that on or before Janu- ary l, 1915, they will begin to con- struct a subway and approaches on Twenty eighth street between Avenue and Second avenue, north; the paw ing on the roadway and sidewalks upon this viaduct and approaches to be maintained and abutting property dam- ages to be paid by the city
 "Abutting mages-The railroad and furnace companies in interest agree to waive all abutting property dam age against their property in conse- quence of the construction of the afore- said viaducts and subways, including the Mobile and Ohio Railroad company and all other railroad companies own ing now or hereafter any property abutting on the said viaducts.
 Approval of Plans of City Engineer The railroad engineers are to pre- pare and submit to the city engineer for his approval plans for the afore- said viaducts and subways, the same to be approved by the city
 "3 That in the event of no definite agreement being reached by the said corporations and the city by the time of the next regular meeting night of the City Council of Birmingham, to- wit: December ', 1910, that all fur ther proposals shall be deemed futile and that the said City Council will proceed to require the construction of said viaduct and said subway by said railroad companies under the duties and authorities invested in the city of Birmingham by law; and the city will proceed to open and pave such streets and avenues as this council may there- upon determine. Respectfully submitted
 'WALTER MOORE, Chrm.'
 Here is the last proposal of the rail- roads, which was rejected:
 Birmingham, Ala, November 9, 1910 Hon. Walter Moore. Chairman, Bir- mingham, Ala.
 Dear Sir-Pursuant to the understand ing, the undersigned committee this date presented the proposition embodied in -our communication of October 10, 1910 for the construction of viaduct in First avenue and subway at Twenty eighth street, to conference aof executive off cers of the corporations represented by this committee, held in Birmingham this date and begs to report that your com mittee's proposition above mentioned is not acceptable to the corporation for the following seasons
 '1. We are advised by counsel tha there are serious obstacles in the way oi the city's compliance with its offer tc close the various streets and alleys ir connection with the First avenue via duct
 '2 Because the proposition does no embody such equitable division of th' cost between the city and the corpora tions as the latter think that the city in spirit of liberality. should assume
 But the committee has been author ized to submit a counter proposition based upon action by the city in closing the streets and alleys hereinafter men, toned, as follows:
 '1 That viaduct shall be constructed at First avenue, to be 60 feet in widtf and to extend from the west side of the tracks of Southern Railway company near Twenty-seventh street to the east side of the tracks of the Belt line il Thirty-second street, and that the clear ance between these points shall be al least 22 feet. Beyond these points, or