The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-12

and the former suburban municipalities
as expressed In their contracts extended
| or enlarged in any manner.
/ The said ordinance reduced some Of
the rates which orator was permitted
! to charge by its several contracts, but.
| as stated, II did not enlarge or extend
orators franchise or right to use the
streets of Birmingham, as will appear
| from an examination of its provisions. 1t
was therefore, not subject to the popular
veto provided for by Section s of the act
aforesaid and the election was impera-
| tive and void. Ordinance No. &c ac-
| cepted orators proposition without quail
! fication and the contract thereby made
was not subject to popular ratification
or disapproval.
That the Board of Commissioners of
defendant city have, as provided they
should do In Section of the act afore-
/ said. and in consequence of said election,
passed resolution annulllng the con-
tract made with orator of repeating ordi-
nance No. SIC. This resolution, after
reciting the election and its results, pre-
| vided
Therefore, be it further resolved and
declared that majority of the votes SO
cast, having been cast against said Or
dinance No. &c. and the making of
said grant said Ordinance No. SIC and
1
and said ordnance contract and proposed
grant are hereby declared null and void !;
nor shall any rights, powers or privileges
of any kind be conferred or acquired
thereby or Hereunder"
New Water Rate Ordinance
| That since the passage of the resolution
referred TO in the last paragraph of this
| bill, to wit on the 18th day of October,
| 1912, the board of commissioners of
defendant city, acting under the au-
thority conferred upon them by the
laws of Alabama. passed an ordinane
entitled mo. 119-C, an ordinance to
regulate the terms and rates for fur
iishing water to private consumers in
the city of Birmingham"
| Section l of this ordinance fixes fiat
rates which may be charged for sup
| plying water to the Inhabitants of
Birmingham commencing November J..
| 1912. and reduces the amount per an
mum which orator is authorized to
charge by its contract aforesaid for
additional rooms over and under three
| rooms IN each dwelling house. and
also the rate which it Is authorized
| 10 charge for additional water closets
and bathtubs, and the meter rate for
sprinkling lawns or gardens.
Section prescribes the rates which
may be charged for water supplied to
| the inhabitants of Birmingham COM
mencing November l, 1912, by meter
mea surement and reduced the rates 20
| Is cents per 1000 gallons UP to &c.
600 gallons per month: IA cents per
| 1000 gallons for all quantities from
| 80 900 up to $4,000 gallons per month
and at a descending scale according
10 quantity until a rate is reached
| of cents for the largest quantity
| that may be used.
| Section confers upon all consumers
| the right to demand water by meter
mca surement thus giving to all of them
the right to take water at the low
rate fixed by the meter schedule. This
| section also onerates the water COM
| pany with the duty of furnishing me-
| tiers and keeping the same in repair
for monthly rental of 25 cents for
one half inch meter and 80 cents for
| fiye-eighths inch meter, the two sizes
| used for all except the larger con-
sumers who have, under the contract
now in force, heretofore paid for
minimum service In lieu of paying me-
| ter rentals
Appoint Meter Inspector
/ further provision of this section
| of the ordinance is that "the city of
| Birmingham shall have the right to
appoint a meter inspector with power
| 10 inspect and test meters, with or
without notice to the owner thereof
| Section 4 provides for the arrest,
conviction and punishment of any wa
ter company that shall demand or col
lect higher prices for water than the
maximum prices established in the pre-
ceding sections.
| copy of said ordinance is hereto
attached, marked exhibit e. as a part
of this bill.
Orator charges that its largest
source of revenue is derived from those
consumers who use the smaller guam
titles of water and who under the
contract of June 2, 1888. were re-
quired TO pay for the same at rates
ranging from 80 cents to 221s cents
per 1000 gallons a month; and who,
under the amended contract, made be-
tween orator and defendant city on
| July 3, 1912, were required to pay 20
cents per 1000 gallons. Under the new
ordinance referred to in the last par
agraph all these consumers are re-
quired to be supplied at the rate of
| Is cents or IA cents per 1000 gallons
| A considerable source of revenue to
orator under it's existing contracts has
| been derived from contract charge
! for additional rooms in dwellings un-
der 10 at 81 per annum, and from q
| fixed charge of 81 per annum for each
bathtub and SIS per annum for each
water closet.
| These are the rates which orator Is
| now permitted to charge under the
contract made by ordinance No. SIC,
| copy of which has already been ex-
| hibited with this bill
| BY the last named agreement orator
! is also permitted to make a minimum
quarterly charge for water service not
| exceeding $3.50 for each dwelling or
| place of business, provided such min
| imum quarterly charge does not ex-
coed three fourths of the fat rate
| charge for like service for the same
period; and to make multiple minimum
charges of $3.50 per quarter where two
or more tenement houses are supplied
by the same service, according to the
number of rooms supplied--each eight
rooms being chargeable with one min
imum.
Rights Violated
| Orator charges that In all the re-
spects stated the ordinance of defend
ant city referred to in paragraph XII
of this bill violates orators rights I'M
der the amended contract and impairs
the obligations of defendant city there
/ under In contravention of article l.
section 10 of the constitution of the
United States and is. therefore, Illegal
null and void.
Orator is advised and there
fore. further AYERS that notwith-
standing the popular vote in opposi-
ton to ordinance No. SIC, and the