Evening journal., 1905-04-06
GRANTED THE
SOUTH WILMINGTON RY.


and workmannke manner under the direc-
tion of this department and all bricks
granite blocks, rubble stone, or other |
paving material taken up and not re-
quired in the repaving of the said streets
shall be the property Of the city free OF
cost, and shall be moved OF delieverd by
said company to such reasonable places
as this department may direct at the
expense of the company; also necessary
materials shall be on tho ground, or with
in reach, before the said streets are oc-
cupied or obstructed. and all work shall
be done speedily and to the end that the
streets and crossings may not be OBJ
structed unnecessarily; that all dirt and
refuse material shall be removed at once
to such reasonable place or places as
may be directed by the street Commits
sioner. The original or first cost Of paving
both labor and material on sections now
paved over which its tracks may be laid
on said streets shall be paid by the said
company on demand OF this department.
Section g. The said railway company
may erect poles and wires for operat-
ing its line by electricity, the right being
reserved to- the mayor and council of
Wilmington TO use said poles at any
time for stringing wires for public street
lighting by contract or otherwise.
Section 4. Said company shall perform
and do all work in connection with the
construction and operation of its lines,
not herein otherwise provided, in the man
ner provided and directed by its charter.
Section 8. The consent of this depart
ment. hereby given. is conditioned ups
the completion and operation by the said
company of said railway within twenty
four months from the date of the pas
sage of this resolution. and the failure to
so construct and operate said line shall
render this consent null and void and this
department may. at the expense of said
company. remove and keep the rails and
ties if such have been laid unless said
line shall be completed or operated regu-
larly within sixty days after a notice or
default in this respect is given in writing
TO said company, and the question as to
whether said line is completed and oper-
ated shall be decided solely by the de-
partment, provided however, that in the
case of Interference or delay OF any per-
son, or persons. corporation or corpora
tions, with the location. construction or
operation of said railway hereby author
ized, by legal proceedings. strikes or
otherwise beyond the control of the said
company. the term herein limited for the
completion and operation of the said
road shall be extended for twelve months
beyond the time when such interference
OF delay shall cease and end.
Section 6. The said co-upany shall in.
demnify and save harmless the Mayor
.and Council OF Wilmington from and
against an suits and damages OF an,
nature whatsoever arising from Or on
account Of the construction, maintenanc,
for operation Of said railway. and on ac
count of the defective condition of th,
street bed between its tracks and within
three feet Of each side thereof. and shal
also indemnify and save harmless IN.
Mayor and Council of Wilmington from
and against all damages to its water pipe.
and mains which may arise by reason
OF eiectrolysis produced by the currents
Of electricity Of the said company in tn,
operation Of its said railway.
Section Z. In case said railway com
pany shall fail to carry out all the oondi
tions stipulations and undertakings con
tanned in this resolution. on it part TO b.
performed and carried out, to the detri
ment Of the city. after thirty days writ
ten notice specifying in what respect thi
department. in addition to the rights an,
powers possessed by it as elsewhere men
toned in this resolution. expressly re
serves the right to suspend the runnin,
OF he cars of the South Wilmington
Railway Company on the streets of tn
city of Wilmington. herein mentioned. un
I'll said company has compiled with tn
conditions. stipulations and undertaking
= which ought by it to be performed an,
t carried out
NATTER WILL NOW GO TO COURT
As the Wilmington City Railway Com
4 pany claims to possess a franchise T.
!, lay tracks in South Market street. whic
= the Strete and Sewer Department re-
e. voked recently. this company will talk
n the matter into court The various rail
y road companies over whose tracks IN
e South Wilmington Company must pas
= at Water and Market street will also con
T. test the franchise in the courts and IT WI
y probably take months before the matte
d is finally settled
/, Communications were received toda
60 by the board from d. Ross and Conpan,
r the Wilmington Candy Company. Fran
t Corget. and Joshua Conner asking m
s board to grant the franchise to the sout
\ Wilmington Company.