The age-herald., 1900-04-19
DELIBERATIONS OF
 COUNCILCUT SHORT
Quorum Vanished During Meet
 ing of City SoIonS.
SOME IMPORTANT BUSINESS
Telephone Franchise Granted and New Contract With B. R. & E. Company
 Reported Favorably-Names to Remain on Pay Roll

The PeopleS Home Telephone company was granted a franchise by the city coun- cil last night to build and operate a tele- phone system in Birmingham. The vote on the adoption of the ordinance granting the franchise was unanimous.
 The only other matter of much import ance before the board was an ordinance reported jointly by the street railroad and judiciary committees granting new franchise to the Birmingham Railway and Electric company. The new contract con- tained in the ordinance provides that the Birmingham Railway and Electric com pany shall put into effect transfer sys- tenn within two years from the date of the adoption of the ordinance, and that all other agreements made by the Brming- ham Traction company shall be carried out by the Birmingham Railway and Electric company.
 The board met in the council chamber at the city hall at o'clock last night, with the following members present: May or Drennen, Aldermen Lynagh, Rainbow, Camp, Mcknight, Kerr, Meighan, Moore, Williams, McAnally, Altman, Graham, Jones and Harrington.
 The first matter taken up was the con- sideration of the petition of the Blrmng- ham Railway and Electric company for transfer of the franchise granted the Bir- mingham Traction company to the form CT company. The judiciary and street rail- road committees, to which the petition had been jointly referred, reported favorably and recommended the adoption of an ordi- nance covering new franchise for the Birmingham Railway and Electric com pany. The new franchise contains the fol- lowing provisions:
 The Provisions
 1. The said Birmingham Railway and Electric company shall, within two years rom th1S date, or sooner if required by the mayor and board of aldermen, allow transfers over all lines owned or operated by said Birmingham Railway and Electric company within the present cents limit. 2 That all agreements or contracts made or agreed to be made by the said Birming- nam Traction company, or any of the said companies so proposed to be combined shall be fully executed and carried into effect by the said Birmingham Railway and Electric company.
 g. That all street railway extensions and Improvements heretofore agreed upon or Tor which permission has been granted by the mayor and aldermen, shall be made as therein provided, and within thirty days from this date.
 f. That the lines owned or operated by the said Birmingham Railway and Electric company under such ordinance contract shall be regularly operated and reasona- be schedule maintained thereon.
 D. That the said agreement and ordinance hn Tod fective within thirty days from this date. G. That the said ordinance be placed upon it's first reading and referred to the judi ciary committee to report to the next reg ular meeting of this board according to the preceding requirements.
 Respectfully submitted,
 J. T. McKNNiHT
 J. J. ALTMAN,
 R. H. KERR,
 R. P McNALLY,
 J. F. GRAHAM.
 The ordinance was referred to the judi ciary committee.
 Telephone Franchise
 The next question taken up was that of granting franchise to the Peoples Home Telephone company Alderman Kerr, act ing chairman of the judiciary committee, reported franchise ordinance with the following provisions:
 Section l. Grants permission to ClaypooI and his associates to build and operate a telephone system in Birmingham.
 Section 2. All dead poles and loose wires of said company, its assigns and success sors, shall upon demands of said city be removed by said Claypool, his successors and assigns within ninety days from date of notice, and upon failure of said com pany to comply with demand as above stated the same may be removed by the city at the expense of said telephone com pany. The rights of said party of the sec- ond part and his successors and assigns. under this agreement. are held subject to the laws of the state of Alabama and the laws and ordinance of the city of Birming- ham.
 Section g. The said party of the second part and his successors and assigns shall at all times hereafter defend keep harm less and indemnify the city of Brming- ham for any and all damage, lawful claims or demands for injuries to persons or prop rerty, and all cost and expense to which said city may be subjected or may be liable by any proceedings in law or in equity or otherwise, growing out of the erection of said poles, wires and subways, or growing out of the grant of the privil- eges in this ordinance granted to said par ty of the second part and his successors and assigns.
 KateS to De Charged
 Section names the rates that the new company shall charge for telephones as follows: For residences, $1.5 per month, or SIS per year; for places of business, 8 per month, or $36 per year, payable quarterly in advance, and each telephone furnished under this contract shall be connected with the exchange by separate wires
 Section 5. The materials and work used in the construction, operation and main tenance of said telephone exchange and it's appliances and in the construction, plac- ing, operation and maintenance of said tel ephone wires and cables, shall be modern and first class in every respect and all telephone instruments shall be modern and first class in every respect and maintained as such Section 6. The building of said telephone system shall be begun within three months from the adoption of this resolution, and completed within twelve months from that time, provided, however, that any time lost by delays in the construction of said. telephone system on account of strikes epdemics, litigation any delay not brought about by the parties receiving this franchise, shall rot be computed as any