The Birmingham age-herald., 1910-12-16
Text of Memorandum Between Railroads and City Made
 Public Yesterday
WORK MUST BEGIN ON
 FIRST AVE. BY APRIL 1
Work Must Begin on Twenfy-eishth Street within Six Years and City Agrees to Closing of Ger
 tain Streets

II ISIan01nR WILL De TtdCiltO IS uOW as sured, as the railroads yesterday noti- fled Mayor Exum that they were ready to confer. This Is taken to mean that all differences between the railroads and corporations as to the manner in which the expense is to be pro rated have been settled.
 The agreement which has been drawn up by a sub b-committee was made public yesterday It's salient features follow:
 Work to begin on First avenue via duct by April 1. 1911.
 The city to provide right of way and pay property damages. 4 The city to repay the parties build ing the viaduct, the cost of construct ing the approaches, the payments to be made in five notes without inter- est, payable annually.
 The city agrees to have a bill passed in the legislature closing all the streets which might be opened up at any time to the detrment of the Sloss company or the railroads.
 l Thest ordinary repairs In the pave nent are to be made by the city but any renewal of pavement on the via ducts is to be done by the railroad companies.
 Within six years the railroads are to begin work on the Twenty eighth street viaduct, the city to assume the same obligations as in the case of the First avenue viaduct Provision Is made for an extension of time In case of | la difficnltiaS and the Birmingham Railway. Light and Power company is given. the right to run It's street car tracks over the First avenue viaduct. Here it Is in full: l Text of Agreement
 State of Ala abama-Jefferson County: This memorandum of an agree ment to be entered into by and be- tween the South and North Alabama Railroad company, Southern Railway Railroad company, Birmingham Belt Railroad company, Birmingham Rail- way Light and Power company, Sloss- Sheffield Steel and Iron com- pany, and Seaboard Air Line Railway company and the city of Birmingham witnesseth:
 ''The South and North Alabama Railroad, Southern Railway company, Birmingham Railway, Light and Power company, Birmingham Belt Railroad company, and Seaboard Air Line railway agree to construct via duct and approaches, sixty (6o) feet in width, along First avenue between Twenty fifth and Twenty-fourth streets In the city of Birmingham, accord ing to plans and specifications to .bs submitted to and approved by the city council of Birmingham. Said com panies also agree that they will imme- diately cause complete and detailed plans and specifications to be pre- pared by competent engineers for submission to the City Council of Bir- mingham to this end, and that the said plans and specifications shall be submitted to said City Council with all reasonable diligence.
 l "The said companies further agree, that the work of constructing said viaduct and approaches shall be be- gun with all reasonable diligence and by April 1, 1911, upon the ap- proval of said plans and specifica- tions by the City Council of Birming- ham and upon the compliance by the city of Birmingham with the condi- tions hereinafter set out in section 2 of this document
 "The city agrees to provide right of way for said viaduct and approaches and | to assume and pay all property damage | legally incident to and resulting from the | construction of the same, except as to the property of the Mobile and Ohio Railroad company, abutting on First avenue be- | tween Twenty-fifth and Twenty-seventh I streets; it being understood that the par ties hereto waive all claims for such property damages.
 'The city also agrees to repay to the said parties constructing the said via duct along First avenue as aforesaid the cost of constructing the approaches to | said viaduct, the indebtedness for such payment to be evidenced by the execu- ton by the city of five (5) notes. without interest, for equal amounts, payable year | ly, aggregating the whole indebtedness; | the first note payable one year after the | completion of the said viaduct and ap- breaches.
 1 '"The city also agrees before the actual work of construction of said viaduct and approaches shall be begun by the said parties that the said city shall cause to | be closed, in a manner legally sufficient | In the opinion of counsel of the parties hereto. the following portions of streets, avenues and alleys in the city of Bir- mingham, and to cause the dedication thereof to be vacated within the limits as I set out, namely:
 | 'Twenty-first and Twenty streets, from the south line of First ave- nue to the north line of Avenue B. l "Twenty-seventh street, from the north 1 line of First avenue to the north line of Avenue B.
 Twenty ninth, Thirtieth and Thirty first streets from north or west right of | way line of the South and North Ala l bama Railroad company to the north line of Avenue B.
 First alley, South, that Is, the alley 1 lying between and parallel to Avenues A and B, from the west line of Twenty fifth street to the west line of Thirty-second l street.
 First alley Second avenue. Second al | lev. Third avenue, Third alley, Fourth avenue Gall north), from the South and North Alabama Railroad company to the west line of Thirty-second street
 Tt being understood, however, that m I case the Mobile and Ohio Railroad com | pany shall claim any damage to its prop erty between Twenty-fifth and Twenty seventh streets by reason of the construc- ton of said viaduct and approaches, the | city of Birmingham shall not be obligated under this contract to close Twenty-fifth | and Twenty-sixth streets from First ave- nue to the north or west right of way lline of the South and North Alabama Railroad company and Southern Railway company, nor to vacate the dedication to such portions of such streets.
 "The city also agrees that upon the fCONTINuWn ON PAGE n