The Birmingham age-herald., 1912-02-24
GARBAGE CONTRACT READY FOR SIGNING Gives Private Concern MOn- opOly on Advertisements HOW CONTRACT READS Walter Moore and Others Are Under stood to Be Still Active in Solicit
 ing Signatures for Refer
 endum on Subject

The trash can contract, which is to be executed in the name of and in behalf Of the 10000 residents of this city by Com missioner A. O. Lane and Commissioner James Weatherly. was sent to those com missioners yesterday for execution. It is an instrument between the city of Bir- mingham as the party of the first part and w. D. F'rad, C. H. Gabriel and l. F. Trent, doing business as the National Civic Street Cleaning company, as the party of the second part.
 For consideration of q blank number of trash cans, scores of which adorned the city streets during Mayor Wards admin istration, paid for by the city, the city prohibits any other firm or corporation furnishing similar cans. The city also permits and allows "said can to be placed at prominent corners and in the middle of prominent business blocks of the city of Birmingham"
 The work of getting up a referendum on | the matter is said to be progressing fav- orably, Walter Moore, the well known | industrial operator, and others have peti- tions which, it is said are being signed readily. Petitions, it is gathered, were sent out in other parts of the city yes terday for signatures. All the commits sioners are favorable to a referendum if the people want it.
 The entire contract reads as follows:
 'State of Alabama, Jefferson County.
 This agreement, made and entered into this - day of February, 1912, by and be- tween the city of Birmingham, munich pal corporation party of the first part. and w. D. Frad C. II. Gabriel and l. E. | Trent, doing business as the National Civic Street Cleaning company, parties of the second part, witnesseth
 ''l. The parties of the second part agree to furnish the party of the first part trash cans of the following size and di- menson, to-wt A square or near square metal can, two feet wide by two fet broad and about three feet high, with metal legs. said cans to have a metal cover, and which said cans shall not be more than four and one-half feet high including legs and top; and the parties of the second part agree to place said cans upon the corners and in the middle of the blocks
  mngham
 ''2 That for and in consideration of the parties Of the second part furnishing said cans, the party of the first part agrees and covenants to allow said cans to be placed at prominent corners and in the middle of the prominent business blocks in the city of Birmingham and to be maintained there subject to removal at | any time by said city without liability of | any kind on the part of said city; which said cans the parties of the second part agree to keep in good repair; and the said party of the first part covenants ana agrees that. in consideration thereof, to- wit. the furnishing of said cans and the placing thereof, and the keping of same in reparI that the parties of the second part shah have the right to place. or cause to be placed on said cans. advertisements, signs, posters or painting, and shall not be required to pay any license for solicit ing advertisements therefor, or for placing any advertisements thereon, or causing any advertisements to be placed thereon, or painting any signs or putting any post CTS thereon. Provided that said advertise ments, etc, shall be restricted to goods, wares merchandise and products having an interstate market or sale, and said cans shall not have any purely local advertise ments.
 a That in further consideration there of. the party of the first part agrees not to allow any other person, firm or corpor- alton to place any other trash cans with ad- vertisements either sign or posters, there on in the business section of the city of Birmingham. during the existence of this contract: but the party of the first part may itself, or through others. place any and all trash cans that It sees fit to place ait ments be allowed or permitted thereon.
 "4 It is further understood and agreed that the party of the first part will allow said cans to remain at the said places where placed by the parties Of the second part under direction of the street commis- sioner of the city of Birmingham, until otherwise ordered by the governing body of said city. during which said time the said marty of the second part shall have the right to place on said cans, or cause to be placed thereon. the advertisements aforesaid and under the terms and con ditions aforesaid.
 s.5 That the parties of the second part may cause said advertisements to be changed, or said cans to be repainted and new advertisements to be placed thereon at any time that they may see fit
 e. That the parties of the second part shall have the right to cause said cans 10 be securely fastened 10 the sidewalks at the said corners and m the hlddle oi said blocks, at places designated by the street commissioner, and the said places where the cans shall be thus originally placed shall not be changed during the existence of this contract.
 "7. It is expressly understood and agreed that this contract or agreement is reyoc- able at any time at the pleasure Of said city of Birmingham
 'Executed this, the - day of February 1912"
 Real Estate Transfers
 Deeds were placed on record yester-