Every evening, Wilmington daily commercial., 1906-01-23

rto Poard of Water Commissioners, al
,reetinp Yesterday afternoon, unani-
,siy " rejected a proposed agreement
nI.,iited bv the Wilmington u Great
III, Turnpike Co. TO govern the laying
'. .,.o large mains from the Boulevard
~, tbe turnpike to the site of the pro-
.D reservoir on the Wildin farm. The
.-eenent states that the mains would
~ ~ be laid side by side in the trench
-l must be 43 and As inches in diameter.
M agreement also sets out that neither
.s;n shall be a service main for supplying
LaI consumers along the turnpike and it
- tbis clause that the Water COmmis-
'oners objected TO principally.
ther il was voted to reject the agree
u.nt President Ford of the water board
a. think speak for the whole board
,ben saw that this department will, in
Ae future. as in the past, lay pipe in any
a e,ev place where the requirements or
.,,niori of the people demand it, without
t.ny ob,tructed or hindered by condi-
tons or restrictions from any individual
y. corporation. The department has
# rgbis Under its charter that we viii see
.s not abridged, violated or ignored by
any one
oas:
This agreement made this .....
AN of December, in the year of our Lord
rs thousand nine hundred and five, be-
reen "The president, managers and com
nnv of the Wilmington and Great Val
tv Turnpike Company" q corporation
,c.tine under the laws Of the State Of
Delaware. hereinafter called the party Of
is first part, and "The Mayor and Com-
ID Of Wilmington" a municipal corpora
hon existing under the laws Of the State
n Delaware. hereinafter called the party
ci the second part.
Wimcsseth that the said party Of the
frt part does hereby agree TO permit the
In PARTY of the second part to lay two
water mains or pipes, one about forty
irte inches. and one about forty-eight
inches DO diameter, laid side by side in
a TRENCH lit being understood that
uiher of these mains is to be service
bins for supplying local consumers
ne said turnpike with water) in the
hi Of its turnpike road, from the point
ftsre the Boulevard in said city of Viii
nngton intersects the turnpike of the
BID party of the first part, TO a point
opposite the site of the proposed new
saryoir on the tract of land recently
purchased by the said party of the
acoud part from Thomas T. Weldin and
wife, being of a distance of about ......
ft. upon the covenants and conditions
ueinafter 10 be performed by the said
party OF the second part. The said party
b the second part agrees TO indemnify
ini save harmless the said party of the
trst part from all actions, suits, claims
lni demands whatsoever that may be
nade By it or anyone, because Of dam
aga to either their person or TO their
lial or personal property, arising from
ol on account of the laying of said pipes,
both during the time that said pipes are
being laid and forever thereafter.
The said party of the first part to have
the use Of all excess earth or rock over
and above what viii be necessary for the
tald party Of the second part 10 properly
al the trench OF excavation where said
llpes are 70 be laid, and which shall be
delivered by the said party of the second
part at whatever place the superinten'
dent Of the said party of the first part
thal direct, provided that said place
tlal be within four thousand feet from
Where said earth or rock may be exca
'ated. II the earth and rock so exca
'ated as aforesaid shall be in excess oi
ne needs. as aforesaid, Of the said party
q The first part, the said party of th'
second part agrees to remove it from Of
ue said turnpike. If the excess eartl
lnd rock from said trench is not sufficient
MI the depression and side roads OF
tald turnpike between the said point al
le Intersection of the said Boulevar,
Aa me turnpike, and a point on the sal,
'llWke known as the "Blue Ball." thl
sAa party of the second part agrees Il
iaihsh the additional amount of eartl
ma rock necessary TO fill the aforesaid
Dspfesslons and side roads from it
operations on the new reservoir which il
De constructed on the said tract o
,,na purchased from the said Thomas 7
# "ellm and wife, as aforesaid, provided
i4a earth and rock so removed in tn
sons,uuction Of said reservoir and no
.eeled Tor the purposes of constructin,
le same shall be sufficient to fill sail
1sPIesslons and side roads.
Inc said party of the second par
.slees 70 keep a continuous passagewa,
ylen lor travel at all times during tn
-!'lg OF the said pipes, and 10 keep ii
~ ana proper repair that portion o
'' said turnpike road which it shall di
& X ior the purpose aforesaid or upol
sleh earth removed by it shall be de
s'Wa, and to conform 10 the require
l.A's Of the charter of the said party o
. uist part as directed by the sal
ID OF the first part, during the tim
He laying of said pipes and for th
IN oi three years after the LAYING O
IN lIe' shall have been compile ted. tn
~. party of the second part agrees .
. sJ ''e lhe trench where the said pipe /
I< lro1 "''h macadam ia the depth OF 81
E ~. "Nu To the width that the same j
& M ''Auamlzed and TO surface the res
81 60. 'l turnpike that may be cut up an
br-., 10y reason of the travel on sal
rb,rr1e beng diverted from its prope
ami ,.i Y. curing the laying of said pipes
al s,;S I l1e termination and compietio
: rart ''I W work ,, the said party Of the secon
SAM '.,"i' leave the said turnpike in tn
"a N sood condition that it now is, an
portr e entire satisfaction of the sal
ny ny Of The first part.
tbe ,g. sala pipes to be laid in trench o
& tle 80 nealeily side Of said turnpike, an
& not iI'a'est wall of said trench shall b
T: tie ro.s lnan ten feet from the centre q
sue;a." ", and shall be supported b
& traveie55' snoring and braces to save IN
q thereon ~. ,,oaoway, persons and propert
L lie So rom injury. The said party {
'ua part to provide proper an