Daily Republican., 1877-10-09
,iNyw ADyxsr1sExsNrs.
ORDINANCE AUTHORIZING G THE
~ DELAwARE WFSTEhN RAIL-

A DELAWARE WFSTEhN RAIL
ROAD COMPANY 10 USE CERTAIN
STREETS. III r3t #5t .i
WHEREAs, pursuant to an ordinance en-
titled "An ordinar,se Authorizing the WI
m,ngton and Reading Railroad Company!
and the Wilmington and Western Railroad
Company to use Certain Streets" passed
May IA. 1874, q contract bearing date May
90, 1874, Was entered into by and between the
Mayor and Council OF Wilmington and the
Wilmington s. Western Railroad Company,
whereby the said Company WAS authorized
and empowered to construct and use one
railroad track and appurtenances upon ana
along Water street and railroad avenue sub
jtct to certain restrictions. regulations, pro,
visO covenants and agreements contained
in said ordinance and said contract.
AND WHEREAS, Afterwards, pursuant 70
supplement to fsid ordinance pBsseu June IL,
1874, the Wilmington and Western kailsoad
Company did on the oath day Of June, 1874,
assign unto James Bradford and Samuel M.
Harrington, trustees, the aforesaid contract
and all Of the rights and privileges conferred
upOn or granted to said last mentioned Com
pany by or under the SAID tirst recited ord.
nance and contract; and the SAID trustees did
on the eatd oath day Of June, 1874, enter into
acontract in writing, whereby they did COW
enant and agree with the Mayor and Council
OF Wilmington, to DO and perform all OF ths
duties IT quired OF the said last mentioned
Company Dy the said first reciteu ordinance
| and contract e-,
| AND WHEREAs, afterwards, the said trus-
tees, pursuant to the powers and privileges
| 10 them given as aforesaid, constructed
railroad track upon said Water street ana
| Railroad avenue, and also certain sldiDgs,
4 turnouts, switches and appurtenances.
| AND WHEREAS, afterw ards all OF the iran.
| chises and property OF the Wilmington and
Western Railroad Company aforesaid were
sold under decree Of the Circuit Court OF
| a. Ai1ss 4 I'll nf o.
ware, and tho seme are now held and own
ed Dy the aforesaid Delaware Western Rail-
read Company, and the said trustees have
| petitiOnea the City Council tO auth0Tixe
them to assign unto the said last mentioned
company the said recited contract and all OF
the rights and privileges conferred upon or
granted to them by or under the sid recited
Ordiuances and contract, therefore
BE IT ORDAINED By The CITY CoUNcIL
OF WHINING ION.
SRorloN1. That the said James Bradford
aud Samuel M. Harrington, trustees. are
ard transfer to the Delaware Western Rail-
road Company the aforesaid contract, bear.
ing date the 2sth day of May, 1875, and all Of
the rights, privileges, authorities and powers
conferred upon or granted 10 them as afOre-
said and the said Delaware Western Rail.
| construct and use one raiload track upon
and along Water street and Railroad avenue,
from French street to such ps'nt or points at
or near the westerly boundary line Of the
| CITY. as said company may deem proper, and
also suitable and necessary hidings, turn0uts
and switches; suhject. however, to such res
trictiOns aud regulations a. have been or may
be made by the City Council tor the purpose
of regulating the speed of locomotives and
cars within the city limits; provided, how
ever, that said company shall plank or pave
between such tracks in such manner as tho
City Council may from time to tine require;
and shall, under the direction or the street
Com missioner, construct aud maintain all
necessary culverts in conformity with the or
dinance entitled: "An Ordinance to regu.
late the dimensions Of culverts that may be
built to carry the waters Of Shiploy Rum"
And ,pi2vided further, that the said com, Col =,
privileges, the sum of one dollar on the first
day of January in each year hereafter while
: it shall use or occupy said street or avenue,
or any part thereof, as aforesaid, and to per-
form all the duties re- equired Of 1t by this or
dinaDce, and to Indemnify and rave harm
less the city from any and all loss or damage
to persons, corporations or property which
| NAV he cans i or necasinnad hy tha- nsa Al
eaid Water streetor kailrof avenue by said
company, and to remove all of Its railroad
traogs, sidings, turn0uts, switches and other
, property from said street and avenue upon
one years notice being given by or en- behalf
! OF the City Council; and provided tnrther.
that the said company shall not cut off or de-
strCy any of the connections that may be
now made between the Philadelphia. Will
minpton and Baltimore Railroad and any
property on said street or avenue.
SEoTioN 2. That upon the execution OF
the afO, esad assignment and transfer to the
Delaware Western Railroad Company by the
said James Bradford and Samuel M. Har'
rineton, trustees, they-ths said trustees
shall be thereby released and discharged
from all liability to the Mayor and Council
Of wilmington, under CT by. virtue Of theil
said contract, bearing date the 2ith day o
June, PA. =
Passed at the City Hall, October 4, 1877.
NJ. LIChTENSTEIN.
President Uity Council,
VIM. H. FOrLK, Clerk City Council.