Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-03-20
LIGHT QUESTION SETTLED
Street and Sewer Directors Accept the
Modified Proposition Of the WelS-
bach Street Lighting Co.
THE ACTION WAS UNANIMOUS
Agreement is Being Prepared
for Signatures.
SPIRITED DEMAND FOR STREET REPAIRS

The Directors of the Street and
Sewer Department, at their meeting
Tuesday morning, unanimously passed II
resolution providing for an agreement
with the Welsbach Street Lighting Co.
of America for the latter to furnish BIS
or more gas lamps for street lighting,
for period of six years, rs per the
award made by the board at its meet
ing on June 18th last. The resolution,
which was offered by Mr.. johnson and
seconded by Mr.. Melvin, was as fol-
lows:
Whereas, At meeting of the Street and
Sewer Department, held the 18th day Of
June, A.. ID. 1901, resolution was pissed |
by the department awarding To the Wells |
bach Street Lighting Go. of America con- |
tract ''to light and maintain 5lS or more |
gas lamps fitted with its improved fixtures,
as per its recent proposals, us may be de.
termined and directed, for street lightlng;'
and,
Whereas, II does not appear by the min
utes of this department that the exact terms
of such contract were ever determined and
directed by this department at any meet
ing; and,
records and papers of this department, or
in the records and papers Of the city Of Will
mington, no contract with the Welsbach
Street Lighting Co. of America, executed
in compliance with the above reciied award;
and,
this board in writing that il is proper and
legal for it to make n contract with said
company in conformity with the above re-
cited award, and that if said contract is
made no liability will be attached o the
members of this board or this city on that
account; now, therefore, be IT
Resolved, That II contract be prepared be-
tween the Mayor and Council of Whining
ton and the Wesbach Street Lighting Go.
| of America for lighting the streets Of the
| city of Wilmington in accordance with the
| terms of the nhnve recitnd award, and that
| the same shall be executed by the proper
authorities in behalf Of the city of Whining
| ton as soon us the same has been prepared.
| together with the required bond accompany
| ing the same, by the Nelsbach street Light
| ing Go. of America And snid contract
| shnll be prepared by the city solicitor i'll nc
cordance with the terms of the ahpve award,
the said contract be for the period conf
| mencing January LIST, 1902, and ending De-
cember 31st, A. d. 1907, TO be for 5lS lights,
| or as many additional lights rs may, from
time to time, be determined by the street
and Sewer Department 10 be necessary, at
the price or cost of $3.50 per hnnum for
each light, the payments for the same to be
made in equal monthly instruments.
An agreement with the company has
been drawn up in accordance with the
resolution and is ready for the sigma
lures of the company's officers and
Mayor Fisher. 1t will probably be
executed on behalf of the company
today and turned over to tho mayor.
The latter, when seen this afternoon,
, said he could say nothing relative tC
the contract until he had seen it, moi
having seen it at that time. He viii
go over it carefully before appendinG
his signature.
The agreement which is perfectly il
accord with the wishes of the Stree
and Sewer Department and the com
, pany, is for period of six years, be
ginning January LIST, 1902 and ending
December 3lst, 1907, and provides fo
4 at least sis lights to be fitted will
= tho company's improved fixtures, witt
o rs many more lights, from time T.
@ time, as the department shall direct
i, The cost per lump is to be s2G. Is pc
: annum, the company to furnish no
: only the lamps but also all labor an
g material for lighting e%tinguishin
t and cleaning them during the pGrio
). of the contract. The lamps are to y
% lighted at dusk and eNtimguishcd \
- dawn. The regulations arc subject {
" such changes as the board Shull direct
il provided that the lamps shalt not bur
% more than 4, 200 hours in amy one veal
All fixtures are to remain tnu propCit
of the company. Each lamp is to be
IT 50 candle power. t'or every night
7 lamp is not burning, through any fau
:, of the company, tae city shall have Il
~ right to deduct pay for two night
m service. The same rule shall apply
er any light is not up to the require
of candle power, through any fault Of IL
r company. Tests are to be made in Il
. usual manner by standard appamtu
~ The company shall have 10 days
!! which to make any changes ordered
IS the board. The company agrees, in IL
as event of litigation growing nut
m alleged infringement of patents or fro
10 damage resulting from any negligcn
on the part Of the company, to bear
~ expense and defend such suits with
Ill own counsel, guaranteeing the city pr
'es lection in that regard. The compa
lc- is to have the use of all Of the $50 pos
now owned by the city; that is, !
now and others as new lamps a
1T ordered, the lights to be put up at t
ITO expense of the company. Should mc
a.. posts be required before the expirati
-. of the contract they are to he put
ic by the company and will be the co
a pany's property.
ice The Welsbach matter was disposed
in without comment. Mr.. johnson int
lie duced the subject, and after the opini
- of the city solicitor. rendered last wee
'ne had been read, the resolution Il
ills aureement were read and the .tdo,,ti
of of the resolution followed immediate
Willard Salisbury sent the follow
letter to President Melvin yesterd;
hat but as it was addressed to him y
ind sonally, it was not mentioned at
mr. meeting:
H. Thomas H. Melvin, ESQ.,, President Bo
20 of Directors, street and Sewer Departing
one Wilmington, Del.-Dcar Sir: presume
in alleged Welsbuch contract is likely tC
y, brought up at your meeting tomorf
o" Please do not forget that the Ameri
ted Lighting Co. of Baltimore stinds read,
bid for the lighting of the WplsbnCh "
will guarantee its lights at G0candle po
). ~ against 50 according TO the Melsbarh,c
a. tract; and will bid at less price for furn
hfe ing these lights than is provided in
Welsbach proposals. | also suggest
present members of the Street and Sc
rty- Commission should not lose sight of
rims first of the reasons given by the city sol
tied tor on which he based his opinion that
ms Welsbach contract was void absolutely.
out NY so.ae AZ ,ao aa;d =, ~ ar5
part annaars that Inc contract was NOT nwa,
INK to the lowest bidder, nor was it awal
line upon a basis of 16-candle power lamps.
s of contract is, therefore, not valid for
the reason" Laying aside everything
yes the city solicitor has stated ii was imp
rite ,;un a,etront - ~ Walsbaoh ~ S,,
anu reasons stated. That is, lnck of adver
nan, ment as required by law. How is it