Sec. 10-92. - Same—Supervision, etc.
Sec. 10-94. - Same—Acquisition of property—Generally.
Sec. 10-95. - Same—Same—Damages.
Secs. 10-98—10-110. - Reserved.
The Baltimore and Philadelphia Railroad Company be and it is hereby ordered and directed to construct, make and maintain a suitable overhead street bridge for public travel over the track and roadbed of said railroad company, where such track and roadbed intersects Lancaster Avenue in the city. Such bridge shall be constructed within such times as the board of directors of the department of public works of the city shall determine, and shall be of such height above such track and roadbed, and of such width, and of such general construction as the said board of directors of the department of public works may determine. The construction of said bridge shall include the making of all necessary and proper approaches to said bridge. The said railroad company shall be solely responsible for all damages resulting to contiguous property by reason of the making of said bridge, and the making of the approaches thereto. Should the said railroad company neglect or refuse to construct such bridge, or the approaches thereto, in conformity with and within the time specified by the said board of directors of the department of public works of the city, the said board of directors are hereby authorized and empowered to erect and construct such bridge and all necessary approaches thereto at the expense of the city, and the city may then collect the cost of such erection and construction in an action on the case against such delinquent railroad company.
(19 Del. L. ch. 211, § 1; 53 Del. L. ch. 12, § 2)
Sec. 10-92. - Same—Supervision, etc.
The board of directors of the department of public works of the city shall have supervision over the bridge authorized by section 10-91 to be constructed, and may, from time to time, order the widening or repairing of said bridge by said railroad company in such manner and within such times as in their judgment public convenience may require; and in case the said railroad company shall neglect or refuse to obey any such order or direction in respect to the widening or repairing said bridge, said board of directors of the department of public works for said city may cause the required widening or repairing to be executed at the expense of the city, and the city may then collect the amount of such expense in an action on the case brought in its corporate name against such delinquent railroad company.
(19 Del. L. ch. 211, § 2; 53 Del. L. ch. 12, § 2)
The Philadelphia, Wilmington and Baltimore Railroad Company, when in the opinion of its board of directors exigencies of public travel demand the same, be and it is hereby authorized and empowered to construct, make and maintain in the city a suitable overhead street bridge and necessary approaches thereto for public travel from a point in Fourth Street, between Spruce and Pine Streets, in a southerly direction to a public bridge over the Christiana River called the Third Street Bridge, and also in connection with said overhead bridge to construct and maintain an overhead foot bridge on the line of Church Street for pedestrians. Such bridge or bridges shall be constructed of such height and width and of such general construction as may be determined upon by the said railroad company with the approval of the board of directors of the department of public works of the city.
(19 Del. L. ch. 741, § 1; 53 Del. L. ch. 12, § 2)
Sec. 10-94. - Same—Acquisition of property—Generally.
The said company shall have power and authority to take, hold and acquire any lands, property or rights necessary for the erection and construction of said bridge or bridges, and in case the same cannot be acquired amicably, then that the said company shall have power to take, acquire and enter upon such land, property and rights as may be necessary for the purpose aforesaid in the same manner and by the same proceedings as are now provided by law for the acquisition of land, property or rights for the purpose of locating and constructing said railroad in this state.
(19 Del. L. ch. 741, § 2)
Sec. 10-95. - Same—Same—Damages.
In case it shall be necessary, proper, or expedient to use, occupy or vacate, in whole or part, any street, avenue, square, lane, road or alley, for the purpose aforesaid, the city, by the agency of the board of directors of the department of public works of said city, shall have power by resolution to authorize such use, occupation or vacation, which resolution shall be published daily for one month in two daily newspapers published in said city; and any person sustaining injury by reason of such use, occupation or vacation may apply, in writing, to the court of general sessions of the peace and jail delivery in and for the county, to appoint three disinterested and impartial freeholders to value the said damages, who shall make return of their award to the said court at the next succeeding term, and the damages so assessed shall be paid by said company before any street, avenue, land, road or alley shall be used, occupied, closed up or obstructed for the purpose aforesaid; provided that all such applications shall be made and filed with the clerk of said court within three months after the publication above mentioned.
(19 Del. L. ch. 741, § 3; 53 Del. L. ch. 12, § 2)
FOOTNOTE(S):
(22) Editor's note— This article must be read in light of section A-101 of the Charter, which transfers functions formerly performed by governmental agencies which have been abolished to various departments of the city government established by the Charter. (Back)