The Birmingham age-herald., 1920-08-29
CITY ENGINEER IS
 OPPOSED ID SHIFT
 OF MAIN HIGHWAY
Seems County Would Aban- don Twentieth Street as North and South Road
 for One Better Paved


 the county north and south highway from Twentieth street to Twenty-first street is ab- sured on its face, says Julian Kendrick, city engineer.
 By the terms of an act passed by the legislature in 1917 all counties of over 2Oo,- 900 population are required to maintain north and south and an east and west highway through the county and by the courthouse. The north and south highway selected at that time extends along Twentieth street from Third avenue, North to where it intersects with Twenty first street to the corporate limits of the city.
 Mir. Kendrick maintains that the coun- ty has never spent a penny on this high way and that it is now in bad condl- ton The county now claims to have abandoned the old route and selected route for the highway that extends over Twenty-first street and the Rainbow viaduct The new highway, according to the claims of the county, extends out South Twenty-first street to Avenue n then down Avenue H to Twenty-second street, on Twenty-second street to Mag nolia avenue and on Magnolia avenue back into the old route at Five Points.
  change the location of its highway from Twentieth street to Twenty-first street which has been improved by the city Fred G. Moore, city attorney. will file a friendly suit against the county within the next few days
 ENGINEERS STATEMENT
 In speaking of the question MT. Ken drick said:
 '.In October, 1919, the county requested A..A 4lx oh, ,eri,, ff a north and south highway from Twentieth street to Twenty-first street A resolu- tion was presented to the City Commis- sion by the board of revenue to this effect The resolution was referred to the commissioner of public improvements for investigation.
 'At a later conference between the board of revenue, the commissioner or public improvements, the city attorney and the city engineer the proposed ex- change was discussed at some length.
 'It developed at the time that the Twentieth street paving was badly in need of repairs. The county has never spent a penny the street since 1t was taken over On the other hand. the city. just prior to that time. had placed Twenty first street in first class condi- ton.
 Since the county claims to have taken over the new TOulc, lOt q PChiJ heo cSSii spent on it. On the contrary, the city has gone to the trouble and expense of im- proving Magnolia avenue winch is now a part of the county highway, according to the board of revenue.
 NO SETTLEMENT YET
 '.The city has not yet reached a settle ment with the railroads and contractors in reference to the construction of the Rainbow yiaduct on Twenty-first street. The city has entered into a contract with the various railroad companies which obligates the city under certain conditions to assume liability for the maintenance of the structure The contract also oblgates the railroad companies to pay large percentage of the cost of repairing the viaduct Under all these conditions the question arises as to whether the obli- cations of the city could leagally be transferred to the county and If so whether or not the county would De willing to accept them.
 Tt also developed in the construction of the viaduct that provisions had been made by which, if it were so desired, a slab of concrete can be removed from the center of the viaduct and a double track street railroad placed in the opening.
 Naturally, the city were it to make the transfer of the street to the county, would not want to give up it's authority
 
 railway track to be laid the city deems 1t necessary at any time in the future.
 lowing to these and other complications which developed at the conference the whole matter was referred to the city attorney and the county attorney for a thorough investigation and report. The city Is not informed that any such report or investigation was ever made and re- ported to any ono hv these attorneys.
 ANOTHER SUIT
 "The conditions which then existed in reference to the transfer of the viaduct to the county still exist, with further cornplications The contractor who con- structed the viaduct has entered suit against the railroad companies to also represent the city in the matter of the contract Additional compensation Is claimed over and above that allowed by the railroads As a result of the litiga- tion. the county has paid no part of the cost for the construction of the viaduct. After the damage done by the recent flood to the wood blocks on Twentieth street I addressed letter to the chair man of the board of revenue calling his attention to the much needed repairs. Yesterday, I received reply from the chairman of the board enclosing copy of the resolutions passed by the board of revenue last October changing the route of the north and south highway to the new location as given.
 'i,his is the first notice the city has received that such change has been made It could not of course. be con- sidered as an official or legal notice un- less served upon the City Commission.
 Tt seems to me that the legislature In adopting the law requiring the county to maintain north and south and an east and west highway did not contem- plate that the county would select the best paved highways. use them for years without spending any money for repairs. and then when they become practically impossible change to another highway which has been kept in repair by the city,