The Birmingham age-herald., 1915-02-23
COMPLETE TEXT OF WATERWORKS COMPANIES PROPOSAL
 ITO CITY AS FORMALLY ACCEPTED BY COMMISSIONERS
 Day

sumed by the water company. and the bonds of the water company, dated Feb ruary ., 1891, maturing February 1. 1921. the total amount whereof now outstand- ins is the sum of two hundred and thirty nine thousand dollars t$239. COO, all of which bonds then outstanding the city shall in the instrument of transfer assume and agree to pay, with interest thereon until paid. and the principal amount thereof and accrued interest if any to said day of transfer so assumed by the city shall be deducted from the purchase price as determined by the award of tho ap- praisers.
 If the people by referendum following the award of the appraisers shall elect not to take and pay for said property al the appraised value, or If the city is un- able to raise the money necessary to pay for the said property within the time and as hereinbefore provided by the issuance of sale of bonds at a price and rate of interest which the governing body of the city may be willing to issue. then five years from the date of the award of the first appraisal and at each recurring period of five years thereafter. it shall have the right to have an appraisal and to purchase in the same manner and on the same conditions applicable to tho first appraisement as hereinbefore stated. Section Tenth--Dimissal of Law
 Suits Pending, Etc.
 There Is pending in the city court af Birmingham a quo warranto suit insti- tuted in the name Of the state OK rel ". D. ilankins vs. the Birmingham Water works company, in which the forfeiture of defendants charter is sought upon grounds stated in the petition; there Is a suit pending in the supreme court of the Ef fA .xf -t.f.. ex rel James Weatherly vs. the Brming ham Waterworks company tu forfeit the contract made in 1888 by the city of Bir- mngham with the water company for acts set out in the petition in said suit, and there is suit pending in the United States district court in Birmingham, in equity, under the style of the Birmins- ham Waterworks company, complainant, vs. the city of Birmingham ct als., defend ants. which suit was brought by the water company to enjoin the enforcement of an ordinance passed by the city of Birmingham fixing the rates for water. The proposition hereby submitted is made with the idea of settling all past dis putes and differences between the city of Birmingham and the water company and all pending litigation between the said parties, except the license tax matter pending in the court of appeals of the state of Alabama which suit Is not hereby settled. The intent of this proposition. if accepted. Is that it shall operate as an amicabe adjustment of the Hankins suit the Weatherly suit and the suit in the federal court and the city shall by its acceptance be understood as walving all past violations, if any. of contracts made by the city with the water company and made by the various former suburban municipalities hereinbefore named with the water company. decree shall be q dismissing the appeal in the suit of the state ex rel Weatherly vs. the Brming- ham Waterworks company, the city to pay all costs incident to the appeal and the water company to pay all remaining costs: a decree shall be entered in the United States district court in equity in the case of the Birmingham Waterworks company vs. the city of Birmingham ct als, making permanent the injunction hei etofore granted until the expiration of the said contract of June 2, lSSS. and leaving open the question of reasonable rates and all other questions after said time. Judgment shall be entered by consent for the defendant in the case of the state ex rel Hankins vs. the Birmingham Waterworks company. each side paying it's own costs. Should the city fail to procure the necessary orders settling the cases mentioned In the man ner hereinabove set out. the water com
 
 notice in writing to the city, to cancel all concessions herein contained and to make effective all rates and conditions of it's various contracts aforesaid as they ex- isted prior to the submission of this offer. Upon the acceptance of this offer by the board of commissioners of the city of Birmingham and it's approval in ref erendum election. if one Is held. or upon the expiration of the time for the hold ing of such election, if none is held. tho various contracts between the water com pany and the city of Birmingham ank the various former suburban nunicipall5 ties hereinbefore mentioned shall be cons sidered changed. effective April l. 1915 so as to comply with the terms of this offer. but except as modified by this offer, all of said contracts shall remain in full force and effect, and the notifications effected by this offer and it's acceptanca shall continlfe to be effective up to Jan- uary 1. 1921. after which time the parties hereto shall be releSated to their rights and duties as if this offer had not been made. except that the right of purchase by appraisement given by tnis offer shall continue in effect and may be exercised upon the terms and in the manner herein elsewhere set out but in no other man. ner. 1t Is understood, however. that the city shall not be precluded from exercis- ing any right of condemnation after Jar- uary 1. 1921,
 It is understood that by the accepta nee Of this offer the city will not waive, lose. surrender, prejudice or affect any pres ent or future right or power. if any. which it would otherwise have to con strue and to operate a municipal water works plant or plants, nor shall any of the rights of the water company as to these things, under it's contracts afore- said with the city. be affected by this offer or the acceptance thereof.
 The parties hereto do not intend by this offer and the acceptance thereof to eX- tend or diminish the term or duration Of any franchise or contract of the water company, or to place any interpreta- tion or construction upon same except as herein expressly set out. Nothing in this offer. and the acceptance theerof shall change or affect the clauses ir ~>~- tain contracts between the WI
 pany and some of the said q
 urban municipalities which
 reduction of rates in the
 cred by said contracts to the
 in the manner therein set out in
 of a reduction of rates in the
 col cred by the contract of June ?,
 tween the water company and {.
 of Birmingham.
 It Is understood that if this offer is
 gally accepted by the city of Birmins
 ham. all laws and ordinances of the cit,
 in conflict with the provisions of this contract so made shall be and are by said
 acceptance repealed
 There may be a question to whether this offer and the acceptance thereof will be subject to a referendum election under the terms of the law governing the city sxl,. ;., xk>