The Birmingham age-herald., 1912-08-04
ORDINANCE NO. e7-C

said city on the 5th l2th and 18th days of July. 1912, all provided by law; said ordinance No. 97 being in words and figures follows. viz:
 ORDINANCE NO. 97-C An ordinance to change and modify certain existing water rates h the City of Blrmlnghs as heretofore and to reduce said rates for supplying water in the City of Birmingham. under certain terms and condi- gatsworks of the Birmingham Waterworks Com pany and the mains, plugs and other equipments End. Pratt City. Ensey and Vivian. along with the the contract between the city and said The Blrmng- ham Watersorks Company of date June 2d. Sss' mandng or collecting water rates Tn excess of the Be 1t ordained by the Board of Commissioners of the City of Birminghain. as follows;
 Section l. That the proposition of the Birmingham Waerworks company. bearing date June II. 1912 and on file with this board and hereto attached. marked Exhibit A. modifying the contract made between the mayor and aldermen of the City of Birmingham. and tho Birmingham Waterworks company bearing date municipalities since that time incorporated the City of Birmingham. and forming part thereof, and reducing of said several contracts. be. and the is hereby accepted by the City of Birming- ham
 intention hereof change the contracts bearing date June lsSs or any of the contracts Of the several municipalities incorporated in the City of Bir minghan, except insofar they are changed by the f m heIeSy @ aha @ ehespo s % ssS company at the expiration of said contract bearing June lSSS. including the territory incorporated into the city prior to the nrst day of January. 1910; jt being the intention hereof for the city to reserve its right purchase, under said contract of June ?. lsss or to purchase the companys plant. as a whole and its property connected herewith, .,, expiration of said contract of June 2. 1885, the said City of Birmingham elects to purchase said water or in any other way that nay be agreed upon be- tween the parties. the city shall have the right in accordance with said proposition of said the Bir- mingham waterworks company. purchase said water works with all of its plants. of kind and de- the city and upon such purchase the said contract of June ?. 1888, and the several contracts of the of Birmingham, and forming a part thereof, or such of them as may be embraced in the purchase. shall Section l Be it further ordained. that nothing herein contained shall have the effect Of validating company heretofore referred to- or confer any right franchise said the Birmingham Waterworks company which 1t does not now have. to supply in said icity or any part thereof it being understood that by accepting the proposition of said The Bir- mlngham waterworAs company one of said con- tracts shall be in wise extended. and said city shall not waive, lose. prejudice affect of its present or future rights which 1t has would otherwise have. to question the validity of any of said contracts at time. if deemed to the interest of said city to do by the governing body of said city
 Section ,. Be it further ordained that upon the payment of water rates by any consumer within the present limits of said city there shall be refunded to the paying water rent. whether upon the fiat rate or by meter and whether by the month or by the quarter. the difference between rates specified in said proposition and the rates heretofore existing in the several municipalities respectively from and after fhat udy or ApIli l5lzs as pfppustu Ds lue Birmingham Viaterworts company. and all payments which have been made, may be made in excess of and ending June so' isis shaii be refunded to the parties producing receipts other satisfactory proof Section G. Be it further ordained that the annual rental of S39,64 % shall be payable In equal month- ly instaments. the first day of each month until 373 additional fire hydrans shall have been installed which said additional fire hydrants shall be installed as may be directed by the city from time time. without any additional charge. enlargement of said and for fire lydrants thereafter installed. : of only SS5 each, so long as all of the several con- and the City of Birmingham, and the fouAer munich palfties of East Lake, Woodlawn. Avondae, Elyton, c Hny aad ws@ sha M''s remain d in fprce but the city shall elect to purchase the plant of of its supplies of water under the of the said contract of June ?, lsss or including the lines and then the city shall not be required pay for any water hydrants, except in that territory where the purchase and then only $35 per ahnum for each hydrant located in territory which said purchase shall Section '. Be it further ordained that said The so long any of said contracts shall continue in force. to furnish water clear wholesome and suitable poses and maintain its several filtration plants in proper and sanitary condition and shall all times venient quantities to all of it's patrons fin the territory governed or covered by the contract within the City Section S Be 1t further ordained that the city as municipality and G the individual subscribers to the pany shall have all the benefits and concessions named I912 and none of the rates shall be incseased in the present limits of the City of Birmingham.
 3G3 additional fire hydrans shall have been installed and after the expiration of years from this date hereinaboye provided the city shall have the right to have additional pipe lines and to place fire hydrants thereon, at its option and without cost to hydrants thus installed in addition to those then already installed M the eiiy shall be required to pay Section 10. Be it further ordained that said The Birmngham m Materworks eco company @ siah comply ~ltlI June A. 1912; and it shall be unlawful for per furnishing water in the City of Birmingham to charge demand collect higher price for water 80 fur nished than the maximum rates by said proposition established. and any person. firm or corporation uo- Hating this ordinance. any section thereof. shall 12l6 of the Code of Alabama. and repetition of such violation shall constitute separate and dis Section IL It is the intention Of this ordinance 70 accept the proposition of The Birmingham Water eorks company hereto attached, in the terms therein pet and the other provisions incorporated herein intended to have the effect of enforcing the re- Epectiye rights of the city and other of water. in the enoyment of rights embraced in said propostion and in each of sald contracts in the ter
 "EXHlBiT A."
 Birmingham. Ala June IA. l9l2. 10 the Board of Commissioners of the City of Bir Gentlemen In response to your request for a Eedncton in the water rates now charged by The Birmingham waterwuTks company. in the City If Bir ningharn. Alabama. Tie Birmingham Waterworks com any. hereinafter referred to as te Water Company, ereby offers to change its present for water urnished in said city. and the of supplying fter stated to-wt:
 The Water company proposes change its rates or water furnished in tre City of Birmingham riyaie' consumers. and to the city for public pur- oses SO tint the same shall not exceed the follow
 FIRST.
 Flat Rates.
 Dwellings Of three rooms less. % per annum. Eaci additional rooIn oyer ten 50 cents Der ann,iu, Water closet for private family dwellings of three bems less. S4.OO per afinnn.
 Other flat rates as specified in the several contracts SECOND
 Meter Rates
 For daily average consumption of 4D00 gallons
 less. 20 cents per 1000 Gallons.
 eFor daily consumption Of from 1000 to 60 gallons, IF i-2 cents per 1000 gallons
 }Nther meter rates specified in the several con Its, remain unchangc,l<
 fine daily average consumption of water shall he termined quarterly and bill rendered quarterly for ter supried by meter measurement. except that for
 e consumers inc daily average consumption of wae, m be determined monthly and bills rendered nthly.
 Rcht to Meter and Eirimums
 That any whether using water for mestc other purpose or purposes. shall have right 10 require the Water company to place q ter his service pipe and to Day for service
 meter rates not exceeding those specified herein ce. its meter on any service be- whether IL De used to supply water for domestic
 any other purpose. and notwithstanding fact Ii aSspecifed fat rate is provided. and to charge
 water service by measurement at meter rates not
 edife those specified herein; provided that where s taken supplied by meter measurement there ll be minimum quarterly charge for water service oh shall not exceed Two beila1s ana fifty Gents