The daily gazette., 1877-10-08
A N ORDINANCE AUTHORIZING
InIIE nINI A w Il GTIr Il n

A N ORDINANCE AUTHORIZING
"A THE DELAWARE WESTERN
RAILROAD COM ANY TO USE GER
TAIN SIRE ETS. sIg %. r.. rr T-r
titled AN Ordinance Authorizing the Will
mington and Reading Railroad Company,
and the Wilmington and Western Railroad
Company to use Certain streets" passed
May IA, 1874, a contract bearing date May
2s, 1874, was entered into by and between
the Mayor ana Council of Wilmington and
the Wilmington & Western railroad Com
pany, whereby the said Company was au-
thoriZed and empowered to construct and
use Que railroad track and appurtenances
upon and along Water street and Railroad
avenue, subject to certain restrictions, reg
ulations, provisoS, covenants and agree
mentS contained in said ordinance aud said
contract
-Aad Whereas, afterwards, pursuant to
supplement to said ordinance passed June
IS, 1874. the Wilmington and Western Rail
road Company did on the 24th day of June,
1874 assign unto James Bradford and Sam
uel NJ. Harrington, trustees, The AFORESAID
contract, and all of the rights and priv1-
| leges conferred upon or granted to said last
mentioned Company by or under the said
| first recited ordinance and contract; and
| the said trustees did on the said "a tn day of
June, 1874 enter into a contract in writing,
whereby they did covenant and agree with
| the Mayor and Council of Wilmington, TO
do and perform all of the duties required
| of the said last mentioned Com pany Dy
the said first recited ordinance and con-
| tract.
| IAnd Whereas, afterwards, the said trus-
/ tees, pursuant to the powers and privileges
| to them given as Aforesaid, constructed q
railroad track upon said Water street and
Railroad avenue, and also certain sidfngs,
turnouts, switches and appurteuances.
| And Whereas, afterwards, all of the fran
chises and property of the Wilmington and
| Western Railroad Company aforesaid were
sold under q decree of the Circuit Court OF
the United States for the District of Della
| ware, and the same are now held ana own
ed by the Aforesaid Delaware western hall'
road Company, and the said trustees have
petitioned the City Council to authorize
them to assign unto the said last mention
ed company the said recited contract and
all of the rights and privileges conferred
unon or granted to them by or under the
said recited ordinances and contract, there
Be il ordained by the CITY Council Of VIZ
SECTION 1. That the said James Brf l.
ford and Samuel M. Harrington, trustees
| are hereby authorized and empowered L
assign and transfer to the Delaware west
ern Railroad Company the aforesaid con
tract. bearing date the 28th day of May
1874. and all Of the rights, privileges. au
thorities and powers. conferred upon o
Delaware Western Railroad Company ii
authorized to purchase, construct and us
| | one railroad track upon and along Wate
| street and Railroad avenue, from Frencl
westerly boundary line of the city, as sal
, company may deem proper, and also suit
I able and necessary sld1ngs, turnouts an
< switches; subject. however, to such restrid
tions and regulations as have been or ma
be made by the City Council for the pur
, nose of regulating the speed of locomotive
e and cars within the city limits; PROVIDED
however, that said company shall plank 9
pave between such tracks in such manne
as the City Council may from time to tim
Il require; and shall, under the dill ectlon
: the street Commiss oner, construct an
maintain all necessary culverts in confoi
n mIty with the ordinance entitled, can o.
dinance to regulate the dimensions of Gu
verts that may be built to carry the Watei
9 of Shipley Run"
! pany shall agree to pay for the aforesai
privileges the sum of one dollar on the H.
day of January in each year hereaitt
2 while it shall use or occupy said street
. avenue, or any part thereof, as aforesaid
2, and to perform all the duties required of
q by this ordinance, and to indemnify an
II save harmless the city from any and a
>, loss or damage to persons, corporations {
81 property which may be caused or occasion
ed by the use of said Water street or Raj
road avenue by said Company, and TO r.
move all of its railroad tracks, siding
al turnorits switches and other property fro
)f said street aud avenue upon one years n
"A Itice being given by or on behalf of the Gil
!. Council; and provided further that the sa
~ company shall not cut OF or destroy al
W of the connections that may be now mat
IN between the Philadelphia Wilmington al
- Baltimore Railroad and any property {
~ | said street or avenue.
"a SECTION 2. That upon the execution
er the aforesaid assignment and transfer
The Delaware Western Railroad Compaf
by the said James Bradford and Samu
he NJ. Harrington, trustees, they-the So
&C. ltrustees-shal be thereby released and di
ar. charged from all liability 20 the Mayor al
nj Council of Wilmington, under or by Writ
II of their said contract, bearing date the "a
~, day of June, 1874.
u Passed at the CITY Hall, October. 4, Isl
1T NJ. L. LICHTENSTE1N
President City Counc
WM. H. FOULK, Clerk City Council. =
m N ORDIN ANCE TO REPEAL A
II n ordinance entitled can ordinance reg
ne i fating the money paid to the Treasurer
IN the Street Commissioner on account of pa
et ing and curbing sidewalks."