Evening journal., 1914-12-10

/ ~ oAt 6NhNA al VI
municipal regulation
Section 26. Every ordinance or
] resolution appropriating money or
ordering any street Improvement or
sewer, or granting any franchise, or
the right to occupy or use the streets,
highways. bridges or public places
, o. the city for any purpose, shall be
complete in the form in which 1t is
nnally passed, and shall remain on
nle for public inspection at least two
! weeks after public notice of same, be-
fore the final passage OF adoption
thereof No franchise or right to oc-
cupy or use the streets. highways.
bridges or public places in said city
shall be granted, renewed or extend
ed except by ordinance and every such
ordinance shall be published in said
Z city before being finally passed upon
and must receive the approval bvi
vote of one more than a majority of
all the members before being finally
adopted
Section q. The Board Of Commits
sioners may by ordinance grant per-
mission TO any individual, company or
corporation to construct and operate
a public utility in the streets and pub
lie grounds of the city upon such
terms and conditions as II may deem
proper The ordinance granting any
such franchise shall be subjected to
/ petition and referendum as specified
In sections SO to SO. inclusive, of
TINS charter. No franchise shall be
considered an emergency measure.
Section 2S. The Board OF Commits
sioners may by ordinance renew any
] grant for the construction or opera
/ ffo,,i ,f "a
subject to petition and referendum
as before stated upon such terms and
conditions as It may deem proper.
Section %. No exclusive franchise
or renewal shall ever be granted and
no franchise shall be renewed before
one year prior to its expiration.
4 Neither franchise nor renewal shall
be for a longer period than thirty
years
Section 80. The Board OF Commits
sioners in any ordinance granting or
renewing any franchise to construct
and operate a public utility. shall pre-
scribe the manner in which the
streets and public grounds shall be
I used and occupied, and any other
terms and conditions conducive to the
public interest.
Section 81 All such grants and re-
newals thereof shall reserve TO the
city the right to terminate the same
and to purchase all the property of
the utility in the streets and high
ways in the city and elsewhere. as
may be provided in the ordinance
making the grant, or renewal used In
or useful for the operation of the util-
ity, at price either fixed in the ordi-
nance. or to be fixed in the manner
provided by the ordinance making
the grant or renewal of the grant.
/ Nothing in such ordinance shall pre-
vent the city from acquiring the prop
erty OF any such utility by condemna-
. ton proceedings. Upon the acquisi-
ton by the city of the property of any
utility, by purchase. condemnation,
or Otherwise, all grants or renewals
shall at once terminate.
Section 80. No ordinance making
such grant or renewal shall be valid
unless it shall expressly provide
1 therein that the price to be paid by
the city for the property that may
be acquired by it from such utility.
/ by purchase. condemnation or other
wise, shall exclude all value of such
grant or renewal
Section 49, The Board of Commits
sioners may by ordinance grant 10
any individual, company or corpor-
alton operating a public utility. the
right to extend the appliances and
service of such utility. subject to petit.
tion and referendum as before stated.
! All such extensions shall become A
part of the aggregate property Of the
utility, and shall be subject to all
the obligations and reserved rights
in favor of the city applicable to the
! property of the utility by virtue of
the ordinance providing for its con-
struction and operation. The right
3 to use and maintain any such exten-
sion shall expire with the original
! grant of the utility to which the ex-
/ tension was made or any renewal
] thereof
Section "a. The Board Of Commis-
sioners shall at all times control the
/ distribution of space in. over, under
or across all streets or public
/ grounds occupied by public utility
fixtures. All rights granted for tbe
construction and operation of public
utilities shall be subject TO the con-
/ tinuing right of the Board of Com
missioners to require such recon-
/ struction, relocation. change or dis
continuance of the appliances used
by the utility in the streets, alleys.
avenues and highways of the city.
/ as shall in the opinion of the Board
/ Of Commissioners be necessary in the
public interest
Section 35. The said Board OF Conn
missioners shall have supervision
over all public utilities operating
/ within the limits Of the City of VIII
mington: and the term public utiJi-
ties as herein used, shall include
all street railway, express, traction.
gas. electric light, heat and power
water. telephone and telegraph cor
porations, associations OF Joint stock
! companies operating within the limits
/ of the City of Wilmington for public
use, and all similar companies and
! associations operating within the
limits Of said city for public use
The said Board Of Commissioners
shall have general supervision over
all public utilities as hereinbefore de-
fined. and shall have power, by order
in writing:
a. To require every such public
utility as herein defined 10 complv
with the laws of this State relat-
ing thereto or with any legally adopt-
ed ordinance or regulation of tba
said City of Wilmington or with anv
Of the terms of the franchise under
which such public utility operates
b. To require every such public
utility as herein defined to furnish
cafa and adaouoto ~.-..t- -'AiA