The Birmingham age-herald., 1911-11-18
status Prior 10 Contract

And it is further convenanted an' agreed by the city with the eompan! that, in the event it shall be hereafte determined, by competent legal. author ity, that this contract IS for any reason invalid in whole or In part, the partie 1 shall be remitted to their respective rights and status prior to the contract and without prejudice to either party
 aIn witness whereo, the city of Bir mingham has caused tnis indenture t' be executed In its name ana behalf by Culpepper Exum, the president of 1t: Board of Commissioners, his signature to be attested and the corporate sea of said city to be affixed by .....-.. the clerk of said city; and the Bir' mingham Railway, Light and Power company has caused this indenture tc be executed in its name ana behalf by A. H. Ford. its president, his signature to be attested and the corporate seal of said company to bc affixed by J. F Ross, the secretary or said company all being done in duplicate counter parts, both of which shall be treated and considered as originals,
 "CITY OF BIRMINGHAM,
 Sy......... 'sPresident of the Board of Cimmis-
 sioners of the City of Birmingham. Attest:
 "Clerk of the City of Birmingham. BIRMINGHAM RAILWAY, LIGHT
 AND POWER CO.,.
 By .............. President. Attest:
 ..-............
 Secretary
 And be it further ordained that the clerk of said city be, and Is hereby authorized and directed to attest the signature of the president of the Board of Commissioners to said in denture and to affix the corporate seal of the city thereto.
 And be 1t further ordained that, effective upon the execution of said indenture by the Birmingham Rail way, Light and Power company, there Is hereby granted to said company by the city of Birmingham, all and singu- lar, the rights, powers and privileges mentioned in the foregoing covenants and agreements of the city with the Birmingham Railway, Light and Pow CT company; and the city shall on its part, keep and perfom all and singular its said covenants and agreements"
 Ordinance to Reduce Rates
 The ordinance proposed to reduce the prices of electricity both to the city and general consumers is as follows:
 Be it ordained by the board of com missioners of the city of Birmingham, that the president of the board of com missioners be, and he is hereby author ized and directed, in the name and be- half of the city of Birmingham, to en- ter into contract with the Birming- ham Railway, Light and Power com pany in words and figures as follows, to-wit:
 "rhis indenture, between the city of Birmingham, municipal corporation, hereinafter, for convenience. called the city of the first part. and the BirmIng- ham Railway, Light and Power com pany a corporation. hereinafter, for convenience called the company, of the second part, executed in duplicate on this the - day of - A. D., 1911:
 "Witnesseth: That, whereas, there Is an existing contract between the city and the company, terminating on the 1st day of September, 1915, whereby the company agrees to install, maintain and illuminate arc lights for lighting the highways and public places in the city at the rate of seventy (&70) dOl- lars per annum;
 And, whereas, the company is now furnishing to the city 60 candle power series tungsten lamps for lighting the highways and public piaces In the city at the rate of twenty-eight ($2S) dol lars per nnnum.
 And, whereas, the company Is now supplying electricity for lighting to the city (other than that supplied in illum- mating arc lights and tungsten lamps) and to the inhabitants or the city at the rate of twelve USD cents per kIIo- watt hour with a minimum monthly charge of one and twenty-nve one hun- dredths (S1.25D dollars per month for each installation.
 And, whereas the city desires tc cancel the contract now in force foi arc lights and to enter Into new con tract with the company for lighting the highways and pubic places of the city, both by arc electric lights and 6t candle power series tungsten lamps, al substantially lower rates than those now charged by the company, ana alst to enter into a contract with the com pany for its supplying electricity fol lighting to the city (other than tha supplied for Illuminating street ar' lights and tungsten samps) and to tn inhabitants of the city at sdbstantiall. | lower rates than those now charged b, | the company.
 | And, whereas the parties hav reached an agreement which they de sire to be reduced'to writing; | Now, therefore, with respect to light ing the highways and public places o | the city by street arc lights and 6 candlepower series tungsten lamps is covenanted and agreed by the com pany to the city in cunsIoeration of tn covenants and agreements of the cit with the company, to be by the cit