The Birmingham age-herald., 1924-03-25
.CONIRACTSO.K.D BY COMMISSION FOR UTILITY SALE Conference Held With B. R., L. & P. Receivers. : }. Ordinances Drawn Up DEFINITE ACTION
 SLATED TUESDAY Final Stamp Of Approval
 Is Expected To Clear
 Up Controversy

Ordinances and contracts between the city of Birmingham and the Bir- mingham Railway. Light and Power company were approved at the spe- cial meeting of the city commission CTS, in conference with the receivers, Monday morning.
 J. s. Pevear, co-receiver for the B. R., L. & F. company, accompanied by w. B. White, attorney, of Tillman, Bradley and Baldwin, held prelimi- nary conference with City Attorney w. J. Wynn, who had drawn up the ordinances and contracts for the city, following which the general confer ence was held with the full member ship of the commission.
 At the regular meeting of the city commission Tuesday morning at 10 o'clock the prepared papers will be presented Before the board for final action, adoption being anticipated.
 To Remove Obstacle
 These ordinances, going into eff feet, are expected to remove the final obstacle standing between the utility company and it's emergence from the receivership and the taking over of the property by the National Power and, Light company, successor to the American Cities company.
 It is expected, according to the best posted authorities, that the National the purchasers of the utility, the or ganization being already interested in the property.
 No sale of the property was effect ed Monday and none is expected until next Monday.
 Five vital papers which Mir. Wynn has been compiling for several weeks and about which several conferences have been held with representatives of the utility, were completed Monday, three ordinances and two contracts.
 The first ordinance provides exten- sion for all franchises which are linn ited by thier terms; effecting 40 blocks in various parts of the city: which franchises would expire in from six to fourteen years. The ordinances provide for parallel life for all of them for period of 30 years, which would limit them from the present year to 1854.
 Transfer Granted
 The second ordinance grants the consent of the city to the transfer and assignment of all existing franchises to the organization purchasing the present utility rprgperties; presumably the National Power and Light com-. pany. 3
 The third ordinance extends the steam heat franchise of the B. R., l.. < F. company, or it's successor. to 1854, giving the compAny> the right to maintain a steam heat supplying sys. tenn in Birmingham.
 The first of the two contracts speci. fies that when any portion of the cleo tric railroad is discontinued or aban- doned, or when the service on it, or part of service, is discontinued or abandoned, at the request of or with Birmingham. such discOntinuance shall not of itself work a forfeiture of the franchise, unless, after notice by the city to resume operations, the utility fails to do so.
 This contract, it was explained, is to cover such possible cases, as for instance, should the city require the utility to transfer an established line to another street q block from a school the utility's franchise for that point would not be cancelled because it granted the request of the city for the supposed change.
 Second Contract
 The second contract between the representatives of the utility and the municipality, under which the utility deposits with the First National bank of Birmingham the sum of $35,0OO, provides for the paying to the city of the $35,O GOO when the ordinances and contracts under discussion shall have become effective. The money was put up to cover the extensions of the linn ited franchises and the consent of the city to the transfer of all the fran chises to the new owners of the utility; also for the extension of the steam heat franchise.
 Full agreement of these ma tiers hav- ing been obtained at, the preliminary meeting Monday morning, adoption of the ordinances and acceptance of the contracts is expected at tic regular meeting Tuesday.