Delaware gazette and state journal., 1899-11-16
SIXTH STREET FRANCHISE
Granted Tuesday to the Wilmington
& BrandyVine Springs Railway Go.
FORMER ACTION RECONSlDERED
BY Directors of the Street and
Sewer Department.
THE USUAL CONDITIONS IMPOSED

6tWtT pGDhlNuibult dh tloii lhNP'ihs
Tuesday, reversed their action of
Tuesday week with respect to railway
franchise on Sixth street, which was
then given to tine Wilmington City
Railway Co., and gave the franchise to
the Wilmington & Brandywine Springs |
Co., under the usual conditions I'M.
posed upon railway companies building
lines in this city.
The action was unexpected, so far as
the public was concerned, and there
were very few spectators at the meet
ing, no railway people being present.
After the routine business of the !
meeting had been disposed Of Mr.. |
Webster, who made the motion at the
last meeting that the franchise be
granted to the Wilmington City Kali
way Co., moved to reconsider. ~
make a notion" he said, THAT the
board reconsider the vote of last Tues
day, whereby the Wilmington City
Railway Co. was given the franchise to
build a road on Sixth street. The
motion was seconded by President
Simmons, and after Mr.. Carter had
satisfied himself that this action was
legal, it was passed unanimously.
The motion had scarcely been record
ed when President Simmons offered as
a substitute for the motion which had
been reconsidered a resolution granting
to the Wilmington & Brandywine
Springs Co. the franchise to build a
road on Sixth street from the western
city limits to Church street. After the
resolution had been discussed briefly
it was adopted unanimously and on
motion of Mr.. Simmons, Secretary
Wiley was instructed to forward copy
of the resolutions at once to the officers
of the Wilmington Il Brandywine
Springs Railway Co. for their sigma.
lures, provided its provisions meet
with their approval.
The resolution provides that the
tracks, switches and turnouts shall be
located in the street in such positions
as the depa1 tment shall direct. Grooved
rails must be laid easturly from Broome
street. The company must pave be-
tween the tracks and three feet on each
side with the same material used for
paving the street or such material rs
shall be specified by the department.
Such pavement shall be kept in good
condition. The paving shall be done
in good and workmanlike manner,
under the direction of the department,
and all bricks, granite blocks, rubble
stone or other paving material, taken
up and not required Id the lepasing OF
the street shall be the property of the
city. Necessary materials shall be or
the ground or within reach before tht
streets are occupied or obstructed ant
all work shall be done speedily, to tht
end that the streets and crossings maI
not be obstructed unnecessarily. Th'
cost Of paving materials displaced OF
sections Of the street now paved ane
used by the company in repaving shal
be paid to the department.
The company is granted the right t,
erect poles and wires for operating ii
line by electricity, the right being re
served tc the city to use the POLES a
any time for stringing wires for publi
street lighting. The company is re
quired to sprinkle the streets durinD
the dry seasons of the year, wheneve
directed to do SO by the department..
The company is required to iDdemnif
the city against all suits and damage
on account Of the construction G
operation of the road. The resoluto
becomes operative when the company
by its proper officers, under its col
porate seal, has executed in writing a
acceptance of its provisions and agree
to comply Herewith. The consent {
the department is conditioned upo
the completion and operation of .th
JDdu Wlbulu blA lEUil buG III
Of the passage of the resolution an
the continual daily operation ther,
after. Failure to accomplish this rel
ders the consent null and void and
that event the company will be n
quired to move its tracks from IL
street within GO days from the date
notice so to do from the department
unless the line shall be completed al
operated regularly within GO days aft
such notice is given.
Provision is made, however, that
case Of any interference of any perso
persons, corporation or corporation
with the construction and operation
the road, by legal proceedings or othe
wise, beyond the control of the col
pany, the term limited in the resol
tion for the construction and operati
OF the road shall be extended for s
months beyond the time when such
reference shall cease.
The company Is to assume all
sponsibilitysfor the use and occuI
tion of those portions Of Sixth strt
not owned by tho city 1.-THE extre
western portion) and shall make INN
diately such changes az may be nee
sary to make its tracks conform
grades established or re-established
said sections of the street
After the provisions Of tho resoluti
had been read Mr.. Carter said he Y
in favor Of requiring the company
pave the full width Of the street d
thought IL should also light the sire
He said he thought Mr.. Simmons '
Of the same opinion with regard
paving, but Mr.. Simmons said ST
was not the case. He would favor
resolution requiring oil railway &C
panies TO pave tho streets occupied
them, IL il could legally be done,
did not want to single out any
company in such q matter and
criminate against it. With regard
the sprinkling clause, he said the q
Iany had signified willingness to
this work. The conditions, he 80
were in accordance with the compar
charter.
The resolution will probably
placed in tile hands OF the officers
the Wilmington & Brandywine Spri
Railway Go. today and they will in
probability sign ii at once. The bu
ing of the road, unless stopped
legal proceedings, will be CONNER
as soon as practicable.
No explanation was made at
meeting M 10 why the department
reversed It's action, but the mem
made statements to reporter of
Gazette after tho meeting. Presit
Simmons said he would have voted
way at tho las meeting, but he fo
that the other directors were in 4
Of granting the franchise to the
mington City Railway Co. and v
in the atiif NATIVE 40 that he would