The Birmingham age-herald., 1919-09-12
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 lnterurban Railways Operating Under Franchise From
 or Contract With the City of 8ir-
 mingham.
 Be 1t resolved by the Board of Com missioners of the city of Birmingham as follows.
 Section l. The written application by Lee C. Bradley, Esq, receiver of Br- 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 Birmingham-Tidew Rail way company" is hereby denied inso- far as it requests 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 Birming ham 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 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- crease in the amount to be charged Tor school tckets.
 D This resolution may be extended. rescinded, restricted or modified by law ful action by the Board of Commissioners in whole or in part, at any time, with out notice; provided that in the event that the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, it's action to that end shall not become ef- fective for thirty days after the resolu- tion shall be adopted unless the Board of Commissioners shall have given the rail- way to be affected thirty days notice of it's intention.
 e, Neither the adoption of this reso-
 
 the respective railways of fares in excess of five cents shall be construed as modification, waiver, or abandonment of the limitations of such franchises or contracts or as consent on the part os 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 or contracts relating there- to; nor as waiving any ground for the forfeiture or cancellation by the City O. 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 ob- 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 condt- tional substitution of a six cent fare maximum in lieu of five cent maximum in said several franchises and contracts.
 t3) This resolution shall become eff fective upon it's acceptance in writing