The Birmingham age-herald., 1924-06-22
STREET RAILWAY
 AGREES TO PAVE
 ON FIRST AVENUE
Would Establish Compa- ny As Good Citizen,
 Pevear Says
DECISION TO COST
 UTILITY HUGE SUM
Officials Would Accede To Wishes Of Inter-
 ested. Citizens

Expressing an earnest desire to establish himself as a good citi- zen" of Birmingham and win the good will and confidence of the public, the Birmingham Electric Company Saturday notified the city commission that it stands ready to waive its legal and moral right and lay pavement between it's tracks on First avenue between Forty-first and Eighty-fifth streets.
 Under a previous agreement with the city, the company had been given the right to park, instead of pave it's tracks. It will cost $150,- 900 additional to do the paving, bringing the company's total out lay to approximately $425,000.
 Vice President J. s. Pevear an- nounced the company's decision at a conference with commission members. The conference, which lasted less than ten minutes, brought to an end a con troversy that had been raging for near ly two years.
 We believe our legal rights are clear" Mir. Pevear said, but we real ize that litigation would delay the i'm provement of First avenue, would be costly for both the city and county, and would doubtless create hard feeling aeainst the company notwithstanding the correctness of the company's isosi- tioh. To proceed with the parking aeninst the wishes of a substantial number of citizens would be detrimental to the public relations of the new com pany and would be contrary to it's policy of so conducting it's affairs as to merit friendship rather than ami mosities. We, therefore, are ready to undertake the paving of the entire rail way portion of the avenue between the streets designated, with the understand ing that the work will be done concur rently with the paving of the entire width of the avenue by the county and city,"
 Commissioners Jubilant
 City commissioners were jubilant over the outcome and took steps to call a conference for one day this week with the county board of revenue, when plans will be shaped for a quick start on the construction work.
 q am highly gratified at the com pany's action" said President D.. B. McLendon. Tt shows spirit of fair ness and a desire to cooperate with the public. I hereby extend officially to the company the thanks of the city, and feel sure that all citizens will ap- plaud its attitude"
 Commissioners W. E. Dickson, W. L. Harrison and W. B. Cloe also praised the splendid spirit and generous &C., tion of the company.
 "The company's decision,' said Mir. Dickson, "has settled what would have been a long fight. It marks the be- ginning of greater cooperation between the company and the city in future and gives concrete evidence of the eompany's determined effort to win public approval and give this city street ear service second to none in the country"
 Commissioner Cloe declared he had felt all the while that the company would do the big thing in the con troversy It's action Saturday fully sub
 Deserves Thanks
 stantiated his belief, he said.
 The company deserves the thanks and appreciation of the entire public Commissioner Harrison asserted. "In all its dealings with the city since its reorganization, it has shown keen interest in Birmingham and has ex- pressed a desire to do everything pos sible for it's future growth and devel opment."
 Vice President Pevear and Raymond Smith, representing the street ear com pany, and Commissioners McLendon, Harrison, Dickson and Cloe were pres ent at the conference which ended the controversy. Mir. Pevear had with him A letter recently received from the National Power and Light company, owners of the local utility suggest ing that the c0mpanys plan to park it's tracks be abandoned in order to lend situation that is disturbing a substantial number of citizens"
 The city already is proceeding with the widening of narrow portions of the avenue, and the county has agreed to do it's part of paving the avenue, which is part of the Bankhead highway. Indications are that the work will be definitely under way in the next few weeks.
 The National Power and Light com pHny lGIlGE lO lSG I ACoAuChN SfNNA follows in full:
 Situation Considered E Careful consideration has been given to the situation as described by you with respect to the First Avenue pay ing. In purchasing the assets of the Birmingham Railway, Light & Power company, the National Power and Light company understood that the written agreement between the receiy- CTS and the city of Birmingham made in connection with the general settle nSAnt in the summer of 1923 permanent ly fixed our obligations with respect to First Avenue paving; in fact, 1t is clear in this agreement that for valuh ble consideration the company was per mitted to park certain sections of First Avenue in that area between It's tracks and eighteen inches outside, in lieu of paving. The parking agreement con. \ lContinued on Iage Twol