Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-01

scription for public and private usesl is
| hereby granted permission at once to
| construct, lay and maintain under the
surface Of each and every street and
alley Of the city of Wilmingt ton, Dela.
| ware, herein Eeiow named, conduits,
ducts, pipes and electrical wires of
every kind and description; to erect
poles and string wires thereon through
and along all streets and alleys in the
city of Wilmington, Delaware, and to
string wires on poles already erected,
with the necessary manholes and other
| appliances for all the above enumerated
objects and purposes it may deem ne
cessary for the purpose of placing and
maintaining therein and thereupon
condnits, wires, cables, pipes and APP
purtenances thereto for conveying cleo.
tficity, gas, steam, air, OIL or for any
other purpose desired for its own uses
| and purposes and for all the uses and
purposes of any kind and all of its
| lessons, lessees and subscribers, and to
| connect such wires and cables, when so
| placed. with overhead wires; also to
connect pipes, in any manner desired,
/ to subscribers stations and other
| points where the same may be desired,
/ in such manner and by such means as
/
| one, any and all the purposes and
objects set forth in its charter. in whole
or in part, singly and collectively, by
and for itself. its agents. lessees or
ysndees: said company having fully
| complied with the law by posting for
more than thirty day priof to this day,
notices in five of the most public places
| on and in the streets and alleys of said
city, the said streets and alleys appear.
ing upon the annexed affidavits, or
| paper writing, sworn to by the men,
to wit, Warren ii. Jefferis, Theodore F.
| Mcdaniel and Edmund j. Gee, by
/ whom said notices were posted up.
'.Secticn .. Said company shall not
at any time open or cucumber more Of
any street or alley than shall be neces-
| sary to enable it to perform, with
| proper economy and efficiency, the
work Of laying conduits, ducts, mains
and pipes, and shall put up and main
tain aboute such OPENINGS or encum-
brances, barriers and lights to prevent
the happening of accidents.
Section 3. Before exercising any of
the privileges granted hereby, the said
company shall file with the Board of
Directors of the Street and Sewer De-
partment bond in the sum Of ten
thousand dollars, with surety con-
ditiuned that when work is done wrong,
or repairs made TO said work upon or
under any OF the streets named in the
paper writing, the said company shall
restore that portion of the street or
alley disturbed to the same condition
that it was before said disturbance, and
maintain and keep the pavement over
such opening in good condition and re-
pair for period OF two years there
after: and upon the giving of a bond,
with surety as aforesaid, the said COM
pany may at once, without formal
permit for that purpose, proceed to act
as above set forth.
'Section 4. In consideration of the
permission hereby granted, the Uni
versal Conduit, Light. Heat and Power
Company shall provide and furnish,
without expense to the city Of Viii.
mington, Delaware, space of one
cable capacity in each conduit con-
structed under this franchise for
wires owned or operated by said
city for its fire alarm and police
patrol purposes, and under no circum
stances shall the space so provided and
furnished be used for wires conveying
high tension currents.
"Section 5. That it. the said cor
poration, will, at all times, fully in
demnify, protect and save harmless
The Mayor and Council OF Whining
ton, and its successors, from any and
all actions, claims, suits, damages,
charges, costs and expenses arising from
the delay, negligence, or unskilfulness
on its part, or its servants, or arising
from any injury or injuries which Inay
happen to any person or persons from
or on account of the laying and using
of said conduits, pipes, &c.
Section 6. Before commencing
work the said company, under its cor
Iorate seal, shall signify its accept
ance, in writing, of the provisions OF
this resolution, agreeing to comply with
and be bound by the terms thereof. -
Accompanying the resolution grant
ing the franchise. and recorded on the
minutes of the Street and Sewer De-
partment with it, are three affidavits,
sworn and subscribed to before Clinton
Cook, notary public, on January 9th,
1900, in which Warren II. JetferIs,
Theodore F. Mcdaniel and Edmund J.
Gee swear to the fact that they posted
notices on certain streets and alleys,
FIVE notices being placed on each street
and alley. The list comprises every
| Strebt, laDb dHu aiey III tle CITY. tue
name Of each being given.
The resolution is also accompanied BY
PAPER, signed by Edmund Mitchell,
Jr., president, and H. II. Biilany.
secretary of the company, in which the
company accepts the provisions of the
resolution and agrees to comply with
and be bound by the terms thereof. II
was presented to the Street and Sewer
Department and ordered noted on the
minutes thereof about half an hour
after the franchise had been granted
and while the same meeting at which
the resolution was adopted was il
progress, having been first approved by
the company's attorney, Robert q.
Hartman.
How does this enormous grant benefit
the city? The municipality will re-
, oeive the paltry sum of 81 year fol
each pole the company may have. an6
the company is 10 provide and fur.
nish, without expense to the city Of
Wilmington Delaware, space of one
cable capacity in each conduit con
structed under this franchise, for wine:
owned or operated by said city for ii:
fire alarm and police patrol purposes
space so provided and furnished bt
used for wires conveying high tension
currents. ~
1t is only question of time wher
, all wires in the city must go undel
ground, and if, when that time arrives
. tins company should have the available
space in the streets taken up with it
conduits, the question naturally arises