Evening journal., 1907-06-06
MAYOR VETOES
GAS FRANCHISE
Continued yrom First Pase)
Hon. Horaee wllson. Mayor.

Hon. Horace Wilson, Mayor:
From my examination Of the rosolu-
ton number Of objections TO the
franchise have occurred TO me. some
of these objections are as follows;
i. Consent Is given not only 70
Commercial Light, Heat and Power
Company 70 enter upon and open and
dis up the beds of an the streets of
tho city but also TO the iessees and
vendees of such company Under such
a provision tho Street and Sewer De-
partment practically surrenders it's
control over franchises for the reason
that the Commercial Light. Heat and
Power Company" under such a sweep
ing provision can grant permits to any
other company to open the streets at
will. For Instance the city authorities
have stopped the Delaware Water
Company" from laying It's pipes
through the city but the Commercial
Light Heat and Power Company" can
grant the right to the Delaware
Water COMPANY" In other words a
permit can be refused by the Street
and Sewer Department ana then
granted by the Commercial Light.
Heat and Power Company"
/ .. The Commercial Light Heat
/ and Power Company Is required to give
"A bond Of Si2.5O0 TO restore the streets
TO the condition they were in before
being disturbed; and TO maintain and
keep the paving In good condition for
( two years, provision being made chat
/ no further or other bond shall be re-
quired OF said company In addition to
the said bond provided hereby" There
/ IS no doubt that a bond for such an
amount of security rs insufficient A
further objection regarding the bond Is
no provision is made for continuing the
bond after the amount OF security shall
have been exhausted.
g. No right is reserved TO the city 90
regulate excavations IN the streets.
Permission to open the streets should
have been given under prescribed con-
ditions-
4. No provision Is made as TO what
depth beneath the surface pipes, mains,
ducts. etc, should be laid nor Is there
any provision as 10 the design OF the
manholes. Provision should also be
made for the removal OF pipes, etc,
whenever the space should be needed
for city purposes.
8. Provision is made that the cQn-
pany shall not open more of any street
than shall be necessary to enable II "a
perform with proper economy the WORK
OF laying conduits, ducts. pipes and
mains: but no power is reserved 60 tho
department 10 determine what portion
OF the streets shall be necessary.
G. Provision Is made that az leas'
$50, 600 shall be spent on a gas plant
and equipment within twelve months
and an additional $4,000 within eigh'
teen months from January /. 1901 bu
there Is no clause to revoke the fran
chlse in the event OF the failure OF th'
company 10 comply with such condi
tions, nor Is there any provision con
cernng steam, heat, air or oil com
= panies.
7. Provision Is made that the com
pany shall pay 20 the city the sum o
! S1s,750. but there Is no reservation o
the power to revoke the franchise be
cause OF the failure Of the company z
comply with such conditions.
8. While provision is made that thl
city may receive some revenue from
? gas company operating under tho fran
5 chise. no such provision is made con
= cerning any steam, heat air or oil com
2 pany
: 2. While some provision Is made 4
indemnify protect and save Harmless
/ the city from suits for damages arisin
, from delay. negligence and unskilful
} ness on the part Of the company o