Birmingham age-herald., 1895-02-27
The Contract for New Telephone
 Service Drawn Up,
AND THE SAME RATIFIED
By the City Fathers in Special eSSlon-The Contract
 in Full.

Bowles and associates. Present at the meeting were Mayor VanHoose and Alder men Ulman, Enslen, Prarce, Jackson, West, Kettig, McCartiu, Gillespie, Meade, Sims, Mcknight and Jones.
 Mayor VanHoose stated the object of the meeting as above and instructed Acting Clerk Sam Miugea to read the contract drawn up by the special committee, which consisted of Mayor VanHoose, Chairman Gillespie of the judiciary committee, Chair man Meade of the fire committee and Chair man Enslen of the street committee. The contract was read and is as follows:
 Whereas the mayor and aldermen of Bir- mingham, Ala, municipal corporation, is willing that E. D. Bowles and associates, Joseph F. Johnston, Frederick H. Hardy, Caldwell Bradshaw, John F. Martin and Charles R. Plosser, shall construct, main- tain and operate in the city of Birmingham, Ala. a telephone plant and system for the purpose of transmission of messages and such other public and private uses and purposes as telephone plant and system may be adapted.
 Now, therefore, this agreement made and entered into tnis - day Of -. 1895, between the said mayor and aldermen of Birmingham, Ala, parties to the first part, and the said B. D. Bowles and asso- ciates, Joseph F. Johnston, Frederick H.. Hardy, Caldwell Bradshaw, John F. Mar tin and Charles K. Plosser, parties of the second part, witnesseth as follows:
 That the party of the first part agrees that the said E. D. Bowles land associates, as named above, parties of the second part, may construct, operate and maintain ham, Ala, the said telephone plant and system for the purposes herein above men, toned upon the following terms and condi- tions, o-wit:
 That the rates charged in said city for the telephone service for and during the period of ten years from this date shall not exceed the following schedule of prices, to- witt
 For telephones within radius of one geographical mile of the present. site of the city hall of Birmingham for each instru- meut:
 For office or business house, cash in ad- vance, per annum, $40; semi nually, S21; quarterly, $n.
 For residence, cash in advance, per an- num, $50; semi-annually;' S16; quarterly, SS. 50.
 For residence in connection with busi- ness. cash in advance, per annum, $26; semi an ually, sl4; quarterly. s7.50.
 And for any distance over the said geo. graphical mile to be 10 per cent additional for each quarter of a mile within the limits of the said city, and for lines extending beyond the city limits such rates as may be agreed upon between the sub- scriber and the said party of the second part.
 And it is further agreed that the party of the first part reserves the right at intervals of every ten years during the continuation of this contract to readjust the maximum rates to be charged to subscribers.
 And it is hereby understood and agreed that the service herein contracted for shall be based upon the use of the Harrison or other improved telephone of modern pat ent and construction, the same to be ap- proved by the said mayor and aldermen, aud hat ha tvir boI ha cfr so as to give each subscriber an independ- ent metallic circuit.
 It is understood and agreed that the parties of the first part reserve the right to remove or have removed at the expense of the parties of the second part, their successors or assigns, any and all poles and wires erected on the streets, avenues and alleys of said city, under and by virtue of this contract, if at any time rate higher than the rates herein above speci- fled shall be charged by any person, firm or corporation who may, by purchase or otherwise, acquire said telephone plant and property.
 It is further agreed and understood that if the franchise acquired under and by virtue of this contract shall become in any way, by purchase or otherwise, the prop erty of any telephone company, individual or firm operating and maintaining teie- phone plant in said city, in that event the company or party so acquiring this fran chise shall faithfully perform and carry out in all details the contract entered into by the party of the second part.
 It is further understood and agreed that the parties of the first part reserve the right through their proper official or off, cials to name the places for the erection of any and all poles and the stretching of wire in the streets, avenues and alleys of said city, as provided for in this contract. It is further understood and agreed that all ordinances of the city now regulating the construction and maintenance of telephone and telegraph poles and wires in the city shall apply to the erection of all poles and wires under this contract, and all restric- tions and limitations now applying to com panies now maintaining telephone and tele- graph poles and wires in the city shall apply to all poles and wires constructed and maintained under this contracts It is further agreed that the said party of the second part hereby covenants and agrees with the party of the first part to begin work on the erection of said plant within ninety days from the date of this contract; and further agrees to have in suc- cesslul operation not less than 100 tele- phones above contracted for by the 1st day of December, 1895, provided, however, that this shall not apply should the parties of the second part be hindered by law suits, accident or other causes beyond their power and control, it being understood and agreed that the board of mayor and alder meushall be the sole judges as to whether or not such law suit, accident or cause is of sufficient character as to delay or stop the completion of said work.
 It Is further understood and agreed that in return for the franchise herein granted under this contract that the party of the second part binds itself, it's successors or asslgns to furnish free of charge to the city of Birmingham annually the use of ten tell ephones, and la addition thereto agrees to furnish anch other phones as may be needed in the service of the city for it's schools, police, fire or other service at rate not to