The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-09-05
Resolution

Suspending Temporarily and Condi-
tionally Certain Franchise and
Contract Restrictions Upon Max
imum Fare Limits for the Trans
portation of Passengers Over Ger
tain Street or Interurban Railways
Operating Under Franchise From
or Contract With the City of Bir-
mingham.
Be it resolved by the Board of Com
missioners of the city of Birmingham
follows:
Section /. The written application by
Lee C. Bradley, Esq, receiver of Bir-
mingham Railway Light and Power
company, dated August IS, 1919 re-
questing the Board of Commissioners
ito waive the franchise restrictions
and contract provisions of the franchise
and fare contracts of the Birmingham
Railway, Light and Power company
and the BirminghamTide Rail-
way company" is hereby denied inso-
far as it requests a waiver of any
term, condition or limitation of any
outstanding franchise or contract.
Section 2. Subject to the conditions
and limitations herein enumerated, the
receiver of the Birmingham Railway,
Light and Power company and of the
Birmingham Underwater Railway com
pany, and the Birmingham Edgewood
Electric Railway company, are hereby
severally authorized to charge and col
lect fare of not to exceed six cents
in lieu of fare restricted to not more
than five cents under the terms of the
several franchises or contracts out
standing between the city of Birming-
ham and said respective railway or
under which said several railways are
being operated in whole or in part
within the jurisdiction of the city of
Birmingham; but this suspension of a
five cent fare limit is subject to the
following express conditions and limi-
tations:
Section 3. This resolution shall not
be construed as authorizing any in
.rease in the amount to be charged Tor
school tickets
Cd This resolution may be extended,
rescinded, restricted or modified by law
full action by the Board of Commissioners
in whole or in part, at any time, with
out notice; provided that in the event
that the Board of Commissioners shall
take action reducing the six cent maxi
mum hereby temporarily permitted, its
action to that end shall not become eff
fective for thirty days after the resolu-
ton shall be adopted unless the Board OF
Commissioners shall have given the rail-
way to be affected thirty days notice
of its intention.
luton nor the collection or receipt By
the respective railways of fares in excess
of five cents shall be construed as
modification, waiver, or abandonment
of the limitations of such franchises OF
contracts or as consent on the part OF
this municipality to the continued use
by said railways of the streets of the
City of birmingham except on the terms
and conditions stipulated in the outstand-
ing franchises contracts relating there
to; nor as waving any ground for the
forfeiture or cancellation by the City OF
Birmingham Of any of said franchises
or contracts; or as acknowledging due
and faithful performance by any of said
railways of the said receiver of their OBJ
legations under such franchises and con-
tracts or of their public duties. This re-
solution is wholly without prejudice to
any lawful right now possessed by the
City of Birmingham except to the ex-
tent that it works temporary and condi-
tional substitution of a six cent fare
maximum in lieu of five cent maximum
in said several franchises and contracts.
go This resolution shall become eff
fective upon it's acceptance in writing
subject to its terms and conditions, by
the receiver of said Birmingham Bail
way, Light & Power Company and OF
said Birmingham-Tide Railway
and by said Birmingham EDGE
wood Electric Railway Company, respec-
lively, such acceptance by the receiver
to be authorized or approved by the court
appointing him.
Approved August %. 1919
N. A. BARRETT.
President of the Commission
A. true copy y H. s. RYAL,
City Clerk
Age-Herald. August 80 September s.