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

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 Rejecting the proposal of the rail roads; reaffirming the city's proposi- ton, and serving the railroads with an ultimatum that unless a definite agreement is reached before December l7 the city will proceed to require the construction of the First avenue via duct by law, and will proceed to oper and pave certain streets and avenues the City Council last night gave the railroads the last opportunity to ac- cede to the city's demands.
 At a meeting of the special commit tee held in the mayors office yester- day at noon the whole matter was threshed out, and 1t was decided that il the railroads do not come to terms the city can take steps to force them The aldermen realize that 1t will re- quire a much longer time, and are very anxious to have an amicable settle ment, but they seem determined, Ii necessary, to pave every block oi streets abutting railroad property 1T the whole city of Birmingham ant charge the assessments to the rail roads If they do not immediately be- gin work on the viaduct.
 The railroads. 1t will be remembered make their first overtures to the city on the viaduct proposition with tho request that paving work on certain streets be held up. The council be- lieves 1t has the upper hand.
 Report From Committee
 Here is the report of the specia committee on First avenue viaduc and Twenty eighth street subway which was adopted:
 ITO the City Council of Birmingham
 "Gentlemen-Your special committed on matter of First avenue viaduct and Twenty eighth street subway beg leave to report as follows, viz:
 Your committee is in receipt of g communication dated November g, 1910 and which is hereto attached, from 8 meeting of the railroad companies and other corporations affected, in which 1t is stated that the city's proposa, dated October 10, 1910, is not accept able to said corporations, and a counter proposal is made whereby said corpor- ations propose to furnish three hundred thousand dollars ($300,000) for the city to build said viaduct under certain terms and conditions, and any agree ment as to said subway Is declined
 'It Is the uninimous judgment ot your committee that this counter pro- nosal be reflected and we recommend as follows, viz:
 "1. That said proposal of the saio corporations be finally. rejected,
 "2. That on behalf of the city a nroposal embracing the following terms be made the said corporations, viz:
 City's Proposal
 "Viaduct First Avenue-A viaduct sixty (eO) feet wide and not a subway shall be constructed on First avenue between Twenty-fifth and Thirty fourth streets.
 "Abutting Damages-The city under takes to provide right of way TOT this viaduct and further agrees to as- sume all property damages consequent upon the building of the same.
 Closing Streets-The city agrees that for 8 term of twenty (2O) years from the date of this agreement that the following streets. avenues and al leys shall remain unopen as they now are. viz: Twenty-fifth street, Twenty sixth street, Twenty y-seventh street Twenty-ninth street, Thirtieth street and Thirty-frst street from First ave nue to Avenue B; Second avenue, Third avenue. Fourth avenue and First al ley, Second alley, Third alley and Fourth alley between the north or west line of the South and North Alabama railroad right of way and the west line of Thirty-second street, Thirt1eth street from the north line of First ave- me to the west line of the North and South Alabama railroad right of way provided, the aforesaid Sloss- s-Shenielo Steel and Iron company and the Ala bama Great Southern Railroad com pany do not sooner vacate the loca- tions now occupied by them as furnace and railroad shop properties, respect est agree to construct the aforesaid ively. Provided the city of Birming- ham shall have all slag that 1t may require for all purposes during the saio twenty (2O) years, free of charge.
 Maintenance Roadway and Side walks-The city agrees to keep in re- pair safter completion the paving on the roadway and sidewalks, except the right of way of any railroad or street railroad companies crossing the same which they will maintain as on streets provided. however, that if said paving on roadway and sidewalks have to be reconstructed 1t shall be done at the expense of the railroad and furnace companies.
 "Construction-In consideration oi these agreements by the city the rail road and furnace companies in inter- viaduct and approaches on First ave nu between Twenty-ffth street and Thirty-fourth street, the construction