Middletown transcript., 1906-11-17
THH STATE TROLL. .EY
Company ASKS Permission 10 Occupy
, RmbliG Roads

Company Asks Permission TO Occupy
Il Rnblil Roads
t meeting 81 he Levy Court Tuesday.
Charles + LeFevFe. attorney, asked per.
piissieEl, ii behalf Of tbs Smyrna. Kent
County I Delaware Bay Traction ca, to
Law tracks ID public roads Of New Castle
county The resolution offered By Mr.
LeFesre was as follows
BE Il Resolved. by the Levy Conrl Of
New Castle Counts and State of Delap are
at its session held At Wilmington ibis
day Of November IN The year Of onr Loid
one thousand nine hundred aud six,
that, the SMYRNA, Kent County & Della
ware Bay Traction Co.. corporation
created By and existing under tie corr
psration laws Of tie State Of Delaware. lie
zhse.ssors or assigns, be and the same il
hereby authorized to lay railway tracks
and to propel its cars over the streets and
higls saay s.uf said New Castle county, ac-
cording TO the terms Of the CHARTER Of said
company or the cIartprof its successors
or assigns. subject to The following pro. is-
ions:
@The roadbpd ui said railway shall be
located at one extreme side of tie public
| Highways. with iile said track within two
feet Of said limit OF the public highways,
With the said side limit, and shall not
occupy more than 10 feet Of said pubic
highway. The said roadbed and tracks
shall pontinue on the SANG side oi the
same public highway throughout its
length, except as may hereafter be provid-
ed by tile said Levy Court.
4ll tuFnouts shali be SO constructed as
not to occupy portions Of the driveway OF
said highway. Where other public highs
Ways or private roadnays are crossed by
said tracks, the said tracks shall be so
CONSTRUCTED as 10 make continuous smooth
driving over said tracks, the full widthot
said public or private road.
..The bridges 10 be go constructed or
extended for the use Of said railway shall
be eonstrneted independent Of the county
bridges.
THE said company shall keep Its own
roaGbed in good repair and two feet on
The side thereof next driveway. Said
roadbed shall be so constructed as not to
prevent the free flow OF water from the
said puSIic highway
''The poles Of said company shall be
set on the extreme limits Of tie public
highway.
Where said railway is constructed
along public causeway. said railway
.sllaH be SO constructed as to leave safe
roadway for al least Is feet upon the part
Of the causeway already constructed.
And the said cnmpany shall be and
they are thereby required to pro-
vide and maintain at the approach Of any
causeway which they may occnpy with
their railway tracks some system Of sig
male whereby may be informed as to
whether car or cars ofsaid company Is
on or approaching said causeway."
Mr.. Scott objected to the adoption of
the resolution, saying there was no assnr-
ance that the road would be built.
Mr.. LeFeyre said il Was only a step to-
wards getting the road, and that his com
pany was not asking for exclusive right
Of way over any other company He
that the Levy Court draw mp
q satisfactory resolution.
On motion Of Mr.. Hopkins the resolu-
tiol was received and referred to Messrs.
salisbury, Scott and McFariin Tor con.
because tile road will rnn
through their district.
Two petitions signed by citizens In the
districts in lower New Castle accompanied
lie resolution,
DR.. J. W. De Witt, Theodore JONES
and Rev. ]. R. Mi!ligan of st. Georges
represented that town in the request
ior the franchise.