The daily gazette., 1877-10-09

,4f As1uRH katgs DEsLsAW.AREasss WESLEYAN
lRfILkOAD COM ANY TO USE GER
| WHEREAs, pursuantt aah ordinance. en-!
fti4ed can Ordinance Authorizing the Will
mtngton and Reading Railroad Company,
Cdnipshy to use Certain streets, Sa y ~ passed
May IA, 1874, contract bearing date May
~, ,ilSl4, was entered into by and between
the Mayor and Cqnncil of Wilmlngton and
| pahy, whereby the said Company was au-
| thorized and empowered to Construct and
d. use one railroad track and appurtenances
avenue, subject to certain restrictions, reg
ulattons, provisos, covenants aud agree
ments contained in said ordinance aud said
| contract.
And Whereas, afterwards pursuant to a
supplement to said ordinance passed June
| 10, dS74 the Wilmington and Western Rail-
road Company did on the oath day OF June,
1874. assign unto James Bradford and Sam
uel NJ. Harrington, trustees, the aforesaid
contract, and all OF the rights and privi-1
i leges conferred upon or granted to said last
mentioned Company by or under the said
/ the said trustees did Oh the said 24tfi day of
June, 1874. enter into contract in writing,
whereby they did covenant and agree with
the Mayor and Council OF Wilmington, to
lido hnd perform all of the duties required
of the said last mentioned Com pany by
tract. ~ "a J." - y - 1A
l AUQ whereas, atU6rWaruB, bQ6 Sa1Q Lru8-
tees, pursuant to the powers ana privileges
TO them given as Aforesaid, constructed q
lrailroad track upon said Water street and
Railroad avenue, and also certain sidings,
turnouts, switches aud appurtenances.
and Whereas, afterwards, all OF the franz
chises and property OF the Wilmington and
| Western Railroad Company aforesaid were
sold under decree of the Circuit Court of
the United States for the District of DE q
ware, and the same are now held and own.
| ed by the Aforesaid Delaware Western Rail.
i 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
upon or granted to them by or under the
SAID recited ordinances and contract, there
fore ,.. .Q4 -+l' .H., 20.
BE 10 ordained by the city Council Of WI
mtlgfon. t,,., 81 t... ..'...
ford ard Samuel M. Harrington, trustees,
are hereby authorized and empowered to
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 or
granted to them as aforesaid, and the said
Delaware Western Railroad Company is
lauthorized TO pul chase, construct and use
one railroad track upon and along Water
street aud Railroad avenue from French
street to such point or points at or near the
westerly boundary line OF the city, as said
l
able and necessary sidings, turnOuts and
switches; subject, however, to such restric-
tions and regulations as have been or may
be made by the City Council for the puf-
Ipose of regulating the speed of locomotives
and cars within the city limits; provided,
however, that said company shall plank o.
pave between such tracks In such manner
as the City Council may from time to time
require; and shall, under the direction of
the Street Commissioner, construct and
maintain all necessary culverts in confor-
I Iz1
dinance to regulate the dinner sions of crl-
Yerts that may be built to carry the waters
of Shipley Run" ''l
/. And provided further; that the said COM
pany shah agree TO pay for the aforesaid
privileges the sum of one dollar on the ii rst
Iday, of January in each year hereafter
Will 1T shall use or occupy said street or
} and to perform all the duties required Of it
by this ordinance, and to indemnify and
lsave harmless the city from any and all
loss or damage to persons, corporations or
property which may be caused or occasion
ed by the use of said Water street or Rail
, road avenue by said cons pany, and 10 re-
move all of its railroad tracks, sidings,
turnouts, switches and other property from
said street and avenue upon one years no
! tice being given by or on behalf of the City
Council and provided further, that the said
company shall not cut off or destroy any
between the Philadelphia Wilmington and
Baltimore Railroad and any property on
said street or avenue. ',..-"} tIt .. IA,
| SECTIoN 2. That upon the execution OF
the aforesaid assignment and transfer to
the Delaware Western Railroad Com pany
by the said James Bradford and Samuel
NJ. Harrington trustees, they-the said
trustees-shail be thereby release and dis
charged from all liability to the Mayor and
Council of Wilmington, under or by virtue
of their said contract, bearing date the oath
day of June, 1874. 4'' -. 81
Passed at the City Hall, October. 4, 1877.
NJ. l.. LICHTENSTEIN, '
-li. President City Council
VIM. H. FoULK, Clerk City Council. s-2t
AN ORDINANCE TO REPEAL AN
N ordinance entitled San ordinance regu-
laLing the money paid to the Treasurer by
the Street Commissioners on account ofpav-
ing and curbing sidewalks" &
Be 1t ordained by the City Council OF
Wilmington. rV q 1E
Section l. That an ordinance entitled "an
ordinance regulating the money paid to the
| Treasurer by the Street Commissioner or
account of,paving, and curbing sidewalks
passed January 2Sth, 1858, page 225, ordi-
nance book. Also, section 3rd of an ordi
nance entitled "an ordinance providing fol
the care of the streets, lanes and alleys o.
the city, passed November 18th, 1856, page
: 211, ordinance book, be and the same are
hereby repealed.
: Passed at City Hall, October 4th, 1871.
N. l.. LICHTENSTEIN,
: President Council.
| Attest VIM. III, FOUI,K Clerk Council