Newark post. (Newark, Del.) 1910-1969, 1911-02-15
THE DISAGREEMENT MADE FEBRUARY
BETWEEN COUNCIL OF NEWARK AND
NEWARK WATER & ELECTRIC COMPANY

THIS AGREEMENT, made this
ninth day of February, in the wear OF
our Lord one thousanu nine hundred
and eleven tloII. between the Conn
Gil OF Newark, OF the one part, and
the Newark w alter and Electric Com
pany, corporation duiy organized
under the laws OF the State OF Della
ware, hereinafter calico the Com
pany, OF the second part, wltnesseth;
whereas, The Councll OF Newark,
on the eighth day OF rei.ruarv "A. ID.
1911, Dreamed ana authorized the exc
cution OF a contract with the Newark
Water and Electric Company, its sue
cessors and assigns, hereinafter called
company by the Lourcll OF New
ark, Ior the exclusive management
and control by the sand Company OF
the water works and electric light
plant, street mains, conduits. pipes,
services, meters, wires, manholes,
poles, Appliances, and all other prop
erty, real and personal, OF the Coun-
Gil OF Newark, used for and in con-
nection with the supply and dlstrlbu-
ton OF water and the manufacture and
supply OF electricity for light heat or
power, to ali consumers IN the Town
OF Newark, and elsewhere, and which
said contract 1t was directed should be
as follows
Now. therefore, 1t is agreed between
the parties hereto as follows:
Clause 1.-The Council OF Newark
does hereby lease to the said Com
pany, its successors and assigns, lor
the term beginning the eleventh day
OF February, A. u. 1911, and ending
December 81, 1891, all the proper,
real and PERSONA, collectively known
as the " ater Works and Electric
Light Plant belonging to the Town OF
Newark, with the appurtenances, in
Guiding, inter AHA. the property par
ticularly described in Exhibit A, here
to attached, which is to be taken as a
part OF this contract, comprising, gen
orally, the land, buildings, tenements,
machinery, apparatus, tools, mains,
pipes, services, meters, wires, poles,
and other appurtenances possessed
or used by or Tor the Town OF New
ark, in the pumping OF water, manuiaC,
ture OF electricity, and the storage,
sale, and Distribution OF same, it be-
ing understood that the specification
OF said property mentioned in said
Exhibit n shall not be construed in
such way as to exclude from the list
any items omitted which should have
been herein included; and that no UNI
paid bills Tor water or electricity or
liens against real estate for the same,
existing at the date when the COM
pany takes possession under the terms
OF this contract, are included or in
tended to be included in the property
herein assigned and leased. Delivery
shall be made vi all such property to
said Company, its successors and as
signs. by the Council OF Newark, as
soon as may be alter the execution OF
these presents and antecedently TO the
date fixed for this contract to go into
effect. and upon the performance by
the said Company u the. obligations
imposed upon II by Clause OF this
contract, it being understood that the
Council OF Newark also must do all
things necessary on its part to be
done to enable said Company to know
the amount to be paid under Clause 2
The Council OF Newark does hereby
authorize and empower the said &
panv. its successors and assigns, here
matter during the term 81 this con-
tract to retain possession OF, MAINTAIN
change, improve, alter and repair,
and to operate said water works and
electric light plant. appurtenances ant
all the property hereby assigned and
leased, and to lay, repair, remove, re-
lay, extend. and maintain mains, pipes
services wires poles on. over, anC