The Montgomery advertiser., 1901-08-15
MAYOR SIGNS ORDINANCE
 GRANTING THE FRANCHISE

who will not pay therefor, as required ty the rules of said company.
 Amendments suggested by the Mayor: Sec. 3. Be 1t further ordained That the Montgomery Lgh. and Power Com pany. its successors and assigns, snan. at all times. furnish to the C!y Q. Montgomery and it's inhabitants, gas of the best quality and In sufficient quantity for lighting. heating ana oth- CT purposes, and for that purpose shall lay, at its own expense, such ma ns upon the streets, alleys and public places of the city as may. from time to time be required by the City Coun- cil of Montgomery. For gas furnished to the city of Montgomery, the said company shall not charge exceeding one- half the rate per thousand cube feet charged the nhabitants. but In no event shall such charge to the city hs less than one dollar. except as here matter provided. Should the charge to tho inha abitants at any time be less than one dollar per thousand cubic feet, then the charge to the city shall be the same.
 Sec. {. Be 1t further ordained. That the said Montgomery Light and Power Company, it's successors and assigns, shall at all times supply the inhahi- tants of the City of Montgomery with gas for lighting heating and other pur- poses. at prices not exceeding those charged in other cities, relatively s'tu- | ated as to population. cost of raw ma | terial and labor, but the charges for same shall never exceed $l.S2 per thous- and cubic feet for lighting purposes, or | $1. .0s per thousand cubic feet tor heat ing and other purposes. Sad paymsnts
 to be made at the time and as required | by ths rules of said company. Pro-
 vided, however, that it shall not be re- | quired to furnish gas to any person
 who will not pay therefor as required
 by the rules of said company.
 l Sec. 1-2. Be It further ordained, | That the Montgomery Light and Power | Company, it's successors or assigns. shall at all times keep that portion of
 the streets, alleys and othe, public
 places over its mains and supply pipes in good order and repair, whenever such repairs are rendered necessary by
 reason of the occupation of such DOT | ton of the streets, alleys and other | public places, by It's mains and supply
 pipes. and said repairs shall be made
 under the direction and to the satisfac-
 ton of the City Enginee and when-
 ever notified by the City Engineer. In
 writing, that said repairs are necessary,
 they will proceed immediately to make
 said repairs (such nocice is to be served
 either personally or by leaving copy
 of the same at the usual place of busl-
 ness of the company. or by mailing
 such notice to the agent or managers),
 and if said repairs are not made with
 in twenty days arter the service of said
 notice. then the City Council shall have | the right 10 make said repairs and col
 lect the cost of same from the Mont | gomery Light and Power Company, its
 successors and assigns.
 The additional section puts the bur
 den upon the Light Company to keep
 the pavements where they have been
 disturbed by reason of the laying of
 its mains and service pipes III rrpalr. | This. in the course of years. will save
 the city large sums of money.
 | As for Section 3, I have submitted
 the same to several of the finest law
 yers in the State, who are entirely dis interested. and was informed by them
 that under this section the Light Com- pany can undoubtedly he made to ex-
 tend their mains to any portion of the city when required SO to do by the l City Council. Under the old franchise,
 and the ordinance as originally adopt
 ed by the City Council, experience has 1 shown that this could not be done. l
 found this out when serving as Alder
 man sixteen years ago. in an effort to
 force the Gas Company to extend their | mains on Hull Street from Alabama
 Street to the city limits. This they re- | fused to do. The then City Attorney
 and the Judiciary Committee advised
 that there was no power under the | franchise by which the Council could
 compel the Gas Company to extend its
 mains. This. in my opinion, is one of l Niror nfa hn
 could be made of gas companies for
 the protection of the people. Under it's
 provisions. any citizen can petition the Council to require the Gas Company to
 extend its mains for the purpose of fur
 nishing him with gas. and the power
 is vested in the Council to require such extension, regardless of the distance | from existing mains.
 | Tn regard to change In Section 4, 1t
 has been found by the experience, not
 only of Montgomery. but of other cities, | that 1t is impossible to enforce a re- duction of the price of gas under the
 form usually embraced in franchises.
 and which was embraced in the old franchise of the Gas Company. that
 they shall furnish gas as cheap as
 cities similarly situated" The courts
 having uniformly held that this ex-
 pression is too vague and indefinite for enforcement. but even this. ineHectlve as it is. was left out of the first ordi-
 nance adopted by the Council.
 You will note that Section 4. as or iginally adopted. gave the Light Com
 pany the right do charge $l.62 per 1000
 cubic feet for lighting. and s1oS per 1000 cubic feet for fuel gas. for the entire term of fifty years. This would
 have indeed been a valuable franchise and one that could never have ap-
 proved. The amendment adopted, em-
 powers the city to legulate the prices | for gas at cost not exceeding those
 charged in other cities relatively sif- l uated as to population. cost of raw ma
 terial and labor. You will note that in the event of controversy between
 the city and the Light Company, com
 parison, is limited to population. ma terial and labor, which can he easily
 nroyed before any court or jury. wnere-
 as, under the terms of the old fran
 chise the capacity of the plant. con
 dition of r?ains. salaries of ofncers,
 relative number of white and negro
 nopulatio consumption. interest on
 honded debt and innumerable other
 items. to be compared. made 1t prac-
 tically ineffective. In the section, as | finally adopted, the limitation as 10
 price is upon the Gas Company, ana
 ia in no way a limitation of the rignts of the City Council to further regulate