The Birmingham age-herald., 1914-01-14
ORDINANCE NO. 1000

ORDINANCE NO. 209-C
He 1t Ordained by the Board of Conn
missioners OF the City of BirminE-
ham, That the President of the Hoard
! OF Commissioners He, and He lis Here
ny Authorized and Directed, In the
| Name and Behnif of the City OF Bir-
| mingham, To Enter Into n Contract
Win the iirmingham Railway, Light
| IL Power Company, In " ords aud Fits-
| ures, As Follows. To-ssit;
! This indenture between the City Of
birmingham. municipal corporation,
| hereinafter for convenience called the
city, of the first part. and the Birming-
ham Railway, Light & Power Company,
a corporation, hereinafter for conven-
ience called the Company, of the second
| lpart, made thlss12th day of January,
1914.
wITNEssETH:.
| THAT WHEREAS, the parties hereto
made and entered into an agreement of
date the 25th day 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
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 with the Company to be by the
tCfty, ON its part, kept and performed II
is covenanted and agreed by the Com
pany with the City as follows:
| FIRST: The South Ensley line. the
Corey line and the. Wylam line, as re-
spectively defined In the contract viii
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 fiNe-cent f5el
! fare zone, for a single fare of five cents
| per trip per passenger, established by
the contract on said South Ensley fine,
shaIl be enlarged so as. to extend TO the
| respective westerly termini of the Corey
and Wylam lines, lying in said second
five-eent (5c) fare zone and the central
| n "a
the South Ensley line, the owen
| ton Ensley line hereinafter referred
to, or the North Ensley line. CThe 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 moan
the Tuxedo line and the Owenton line
as respectively defined in the contract.
and the new line connecting the Tuxedo
| by the Company under and by virtue
of the authority contained in an Crdi-
nance numbered 130-C, adopted by the
1 Board of Commissioners of the City On
I the 18th day of December 1912; and the
expression central section of the city
is herein employed in the same sense
! and for the same purposes as is parti-
cularly provided in the contract.)
| SECOND: The Company may deslg-
nate a transfer point for all trans
| fers between the South Ensley line and
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 130-C, providing
| for and regulating transfers between
| the two Ensley lines and the Owenton-
! Insley line, shall be, and are, hereby,
modified so that passengers trans
! fe1red from the North Ensley line to tie
OWenton Ensley line, or from the South
| Ensley line TO the Owenton Ensley line,
and travelling only within said first
! five-cent (5c) fare zone, shall be trans
ported on transfers issued to them as
| far GraymOnt station on said owen
tom Ensley line. and shall not be, or he
deemed to be hereby modified in any
THIRD: Said first fice-cent (5c) fare
zone, as defined in the contract, shall
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 cents
TRANSPORTATION of passengers between
the central section of the city and
Vinesyille station on said line instead OF
Martins station as heretofore.
And in connection of the cave
nants and Agreements of the Company
With the City. TO be by. the. Com
! it is coyenanted and agreed by the City
With the Company, that the Compan.
shall be and it is hereby granted the
right, ON and after January 18th, l5l4,
to establish and maintain the SYSTEM
lof fares, overlap transportation ard
transfers herelnabove provided for on
the lines herein mentioned and speei-
fled, and when IL may see fit to further
extend the limits of either said five
cent t9c) fare zones or the lmitD 81
overlap transportation on any OF its
lines, or any transfer privileges, and
that except as herein expressly pro-
vided and specified, nothing herein shall
be deemed to be a modification or
amendment of the contract; the parties
hereto mutually agreeing that the con
tract shall be and De deemed to be moct-
fled and amended only to the extent and
in the respects herein expressly Pre-
vided and specified, said contract in all
other respects to be and remain in full
force and effect.
IN WITNESS WHEREOF, the City Of
Birmingham has caused this indentue
to be executed in its name and behalf
by George 3. Ward, the President OF it1s
Board OF Commissioners, his signature
to be ittested and the corporate zeal
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 ana behalf by. A. II. Ford. its
President. his signature to be attested
and the corporate seal of said Company
tary OF said Company; all being done IN
duplicate counterparts. both Of which
shall be treated and considered as orig
CITY OF BIRMINGHAM
President of the Board of Commission
ers OF the City of Birmingham.
clerk of the City of Birmingham.
BIRMINGHAM RAILWAY, LIGHT
POWER co.
By ..,..t...,...'.- ,,.~....
President
Secretary.
AND, BE 1T FURTHER ORDAINED.
that the Clerk of said City be. and he
is hereby authorized and directed to 1T
test the signature OF the President Of
the Board of Commissioners to said In
denture and to affix the corporate zeal
of the City thereto.
AND, BE IT FURTHER ORDAINED.
that effective upon the execution OF
said indenture by the Birmingham Rail-
way. Light & Power Company, there is 4
City of Birmingham all and singular the
rights, powers and privileges mentioned
in the foregoing covenants and agree
ments of the city with the Birmingham
Railway, Light & Power Company; and
the City shall. on. it's part, keep and
perform all and singular, its said cove
nants and agreements
Approved January 10. 1914.