The age-herald., 1898-03-27
PENDING DECISION OF ALDERMEN

Birmingham and the new gas company.
 This was the third act in the movement on the part of the city officials toward giv- ing the citizens of Birmingham cheaper and better gas. The first was the resembling of the contract and franchise of the old company, the second was the granting of a franchise to the new company, the third was the signing of the contract yester- day, and the fourth and last act Is yet to come; the completion of the new gas plant and the grand realization of The Age-Herald's long contested fight for the people of Birmingham.
 The contract was signed by Mayor Frank V. Evans for the city and by Sol Haas and Alex London for the new company.
 The contract goes into every detail of the case and specifies in particular the re- lation existing between the two contract ing parties. The contract is exactly the same in substance the ordinance of the board of aldermen granting the new com pany its franchise. This ordinance was printed in full in The Age-Herald on Feb ruary Is.
 Details of Contract
 The new company Is given the right to use all streets, alleys and public grounds for the purpose of laying their pipes and fixtures.
 The gas supplied to the city and it's in- habitants, both for Illuminating and fuel purposes shall be of the best quality and the plant which the new company erects shall have sufficient capacity to supply at least 000 900 cubic feet of gas per day.
 All the buildings and materials used in the new plant shall be of the best quality. All pipes must be laid not less than twenty inches below the established grade of the streets of the city The company is re- quired to extend it's mains all over the city as far as there are consumers, and beyond this limit when there is at least one consumer for every 100 feet of pipe.
 The maximum rates for gas to be fur nished under this contract shall not exceed the following rates:
 FNirst-For Illuminating gas per 1000 cubic feet, for the first two years, $1.35, and for the next three years, $125, and after that time during the term of this contract for $1.10.
 second-For fuel gas, s5 cents per 1000 cubic feet.
 These rates are subject to a. discount of 10 cents per thousand cubic feet if the bill for each month is paid by the 10th of the succeeding month.
 Provisions are also made for supplying the city with street lamps at various prices, according to the number used, and the size of the burners.
 The City Benefited
 The new company shall pay to the city of BIrmingh as a license and privilege tax cents for each 1,000 feet of illuminat- ing gas and ceglts for each 1000 feet of fuel gas sold within the city limits. The company shall submit a sworn statement as to the amount of gas sold and the city shall have a right to appoint an expert to exarnine the books of the company If necessary.
 Tine work on this pnant shall begin within s-fer of hp 0n- tract, and the plant shall be ready to fur nish gas to the city and to such citizens within one year after work Is begun.
 Messrs Haas and London shabl within three months organize under the laws of the state a corporation with not less than s150OO0 capital.
 The contract between the city and the new company shall continue Tor thlrty years from date.
 Work to Begin at Once
 As previously stated In The Age-Herald, work will be begun an the bi-product plano of which the gas plant is a part, as early as possible Messrs. Haas and London have only bee1i waiting to begin work until the contract with the city was signed. Now there is no longer any cause for delay and the contractors will begin work at once.
 The old Gas Company
 As told in The Age-Herald several days ago. the old gas company is contemplating making extensive repairs in its plant, in order to compete with the new company
 They have already strung their pipes along South Twentieth street preparatory to putting them under the ground. They are also contemplating making large exten- sions in their plant.
 Mayor Evans Said No
 Mayor Evans stated in an interview to an Age-Herald reporter that the old gas company had no franchise with the city according to the decision of the board of aldermen and that no permit would be granted them to lay pipe.
 On reading this, President Roden, of the old gas company, went to the mayor and asked him ''what about it." Mayor Evans repeated that his company had no fran chise and would not be granted permis- sion to lay pipe. Mir Roden replied that his company intended to lay the pipes re- gardiess; nevertheless he asked permis- sion from the city surveyor, which was promptly refused.
 The mayor then submitted the question to the city attorney and yesterday morning received the following reply from MT. Lowe:
 City Attorney Lowe Said No
 Replying to your inquiry as to the right of the Birmingham Gas company to de- mand permit for relaying the pipe on Twentieth street, have to say:
 In examining the minutes of the proceed ings of the board, find that at the meet ing of Dec. 20 1897, the board adopted the report of the committee declaring that the said gas company had violated it's con tract and had forfeited its franchise, and directed the city attorney to report what further steps, if any, were necessary to annul the rights and franchises.
 Tae board also resolved at said meeting not to use gas of said company.
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