The Birmingham age-herald., 1914-01-21
CITY ORDINANCES.

OHDlNA ANCE No. <OJ-C
Be 1t Ordained by the Board OF Com-
missiOners of the City of BfrmnS
ham. Tint the President OF the Boar"
of Commissioners BE, and he Is nerc
Name and Behalf of the City or Dtr-
mingham, to Enter Into Contrac.
With the Birmingham Railway, Light
q Power Company, In Words ana r1S-
ures, As Follows, To-wits
This indenture between the city OF
Birmingham, a municipal corporatlo1i
hereinafter for convenience called the
City, of the first part, and the Birming-
ham Railway, Light & Power Company,
a corporation, hereinafter for conyen, i,
ience called the Company, OF the second
part, made this 18th day OF January
wITNESSETH:
THAT. WHEREAS, the parties hereto
made and entered into an agreement of
date the 25th Gay of November 1871,
which said agreement was authorized
by Ordinance No. 53-C, and is herein
after for convenience called the con-
tract and
WHEREAS, the Company is now in a
position and has Offered to enter into
this agreement amending the contract
TO the extent herein provided.
NOW, THEREFORE, in consideration
of the covenants and agreements of the
City, on it's part kept and performed IL
is covenanted and agreed by the Com
pany with the City as follows:
FIRST: The South Ensley line, the
spectively defined in the contract will
together hereinafter for convenience be
called the South Ensley line, and the
limits of overlap transportation be-
tween the new first five-cent (5c) fare
zone and the new second five-cent (5cl
fare zone. for single fare of five cents
per trip per passenger, established by
the contract on said South Ensley line,
shall be enlarged so as to extend to the
respective westerly termini OF the Corey
and Wylam lines, lying in said second
fiXp-cant Ihp1 and the central
section" of the city by way of either
the South Ensley line, the Owen,
to, or the North Ensley line. (The North
Ensley line herein referred to shall
mean said line as defined In the con.
tract; the Owenton- -Ensley line, called
such herein for convenience, shall mean
the Tuxedo line and the Owenton line
as respectively defined in the contract,
and the new line connecting the Tuxedo
line and the Owenton line, constructed
by the Company under and by virtue
of the authority contained in an Ordi-
nance numbered 1900, adopted by the
the 10th day of December, 1872; and the
expression central section of the city
is herein employed in the same sense
and for the same purposes as Is parti
SECOND: The Company may desir
nate as transfer point for all trans
the owenton- Ensley line the Junction
of said South Ensley and Owenton
Ensley lines at Tuxedo Junction. The
clauses of the contract, and of the. said
Ordinance numbered 1900, providins
for and regulating transfers. between
the two Ensley lines and the Owenton-
Ensley line, shall be, and are, hereby
ferred from the North Ensley line to the
Owenton Ensley line, or from the South
FNsley line tn-,the, QMeIton- Ensley line,
fiNe-cent (5c) fare zone, shall be trans
ported on transfers issued TO them as
far as Graymont station on said owen
ton -Ensley line. and shall not be, or he
deemed to be hereby modified in any
other respect.
THIRD: Said first fioe-cent t5c) fare
be extended on the North Bessemer line,
as defined In the contract. so as that
the Company shall charge on said North
Bessemer line a fare of only five Genus
(5c) per trip per passenger for the
transportation of passengers between
the central section of the city" and
Martins station as heretofore.
And in connection of the cove
nants and agreemenss Of the Company
with the city, to be by the Com
1t is covenanted and agreed by the City
WITH the Company. that the COMPANY
shall be and 1t Is hereby granted the
right. on and after January 18th, 1911
to establish and maintain the system
of fares, overlap transportation and
transfers hereinabove provided for on
fled, and when It may see fit to further
extend the limits of either said five
cent .t5c) fare zones or the limits OF
overlap transportation on any of its
lines, or any transfer privileges, and
that except herein expressly pro-
yided and specified, nothing herein shall
be deemed to be a modification OIL
amendment of the contract; the parties
hereto mutually agreeing that the con-
tract shall be and be deemed to be modi-
fled and amended only to the extent and
in the respects herein expressly pro
vided and specified. said contract in all
other respects to be and remain in full
force and effect.
IN WITNESS WHEREOF, the City oi
Birmingham has caused this indentu-e
to be executed in its name and behalf
by George B. Ward, the President of it,
Board of Commissioners, his signature
to be attested and the corporate seal
of said City to be affixed by II. S. Ryall
the Clerk of said City; and the Birming-
ham Railway, Light & Power Company
has caused this indenture to be executed
in its name and behalf by A. III. Ford, Its
President, his signature to be attested
and the corporate seal of said Company
to be affixed by j. p. Ross, the Secrc
tary of said Company; all being done in
duplicate counterparts, both of which
shall be treated and considered as orig
inals
CITY OF BIRMINGHAM
President of the Board of Commission
ers of the City of Birmingham.