The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-01

.snes = Il 81 parsed the Council.
An f1vffsance 10 provide an adequate wa
e. sor cs 9spretl H. "a de- 2s5s Of he Ja,xe'
River ana Kdnoscha Company TO the Ctfs
or Richmond.
| /. Be II ordained BY Ae Councu o. ~
| Cffgof Richmond, That the Mayor y .p'
city be, and be Is hereby, authorized anu CO.,
powered to execute, on the part 9, tos ~,
Of Richmond, contract witn tne sssu.'
River and Kapawha Company Iof t"e pu,,
pose Of securing an adequate wasef 'upp''
| for this city, as follows: :.
This agreement, made this - DAY o.
-------, 1880, between the city OF nicnmonu
Of the Glst part and the James Biver ano
Ksnawfs Company Of the second part
Wirnesscth: That whereas the city o! h'cu'
mond desires TO erect pump works 'or III
crossing The supply Of water IN It's reser'
yoirs. and 10 locate the same Wholly OF
nsrtlv on the property OF the James RIVER
and Ksnawha Company, and to use wafer
from The canal Of said company Tor fur.
nIshing this supply and power AZ saia
nump- works, IL Is now agreed between saio
parties as follows: ,s
/. Tbe pump-works shall be located on
The herm side Of the canal at or near tue
Tbree- Mile locks, about three miles above
The citv of Richmond; but no land shall De
nccnnied bv ssid works which is needed by
the James River and Kanawha Company ior
its purpose Of navigation.
3. In order to supply the increased guam
tity OF water which will be necessary, Boz
sber's dam may be raised not exceeding
four feet in height, and increased TO the
width thereby rendered necessary, ana
race. WAYS shall be constructed on the tow
path side OF the canal at the FEEDER from
Bosher's dam, and on the BERN side OF the
locks between Bosher's dam and the Inree-
Mile locks, and at the Three-Dlile locks.
The channel Of the canal shall be so deep
ened and widened as that the mean current
in no part shall exceed the velocity OF one
mile per hour. The banks OF the canal
shall be strengthened and protected from
injury by the river. All other works, APP
planes. and fixtures rendered necessary
by the aforesaid changes shall be erected
and supplied, and the whole work in all its
branches shall be done In good aud work
manlike manner and OF the best materials.
3. The work shall be done at such time
and in such way as will least interfere with
navigation on the canal. 1t shall be COM
menced on or before the 1st Of January,
1881, and completed within three years.
4. The water used by the city shall be re.
turned into the first level Of the canal, and
the James River and Kanawha Company
assumes all responsibility for its proper dis
position with reference to the rights Of other
persons. Aud il The city OF Richmond shall
be sued for damages in consequence OF any
thing 10 this clause contained, the james
River and Kanawha Company, and any
company succeeding thereto, shall defend
said suit and If damages be recovered the
James River and Kanawba Company, and
any company succeeding to ils works,
property, and franchises, will pay the
same. But IL any such damages be
recovered by final judgment against said
city. and be paid by II, and such damages
be not refunded 10 said city within three
months, the said city shall have the right to
make such changes in the works as will re-
move the cause Of action for which such
damages are recovered without prejudice to
its right to recover said damages from such
company or successor. Any purchaser OF
the works, property, and franchises OF the
James River and Kanawba Company shall
take the same subject to this covenant,
which is declared to be covenant "run-
ming with the land"
5. The work shall be under the supervi-
sion Of the engineer OF the James River and
Kanawha Company to the extent proper
and ncedful for the protection OF the inter-
ests OF said company.
6. The regulation and supply OF water,
and the general police OF this part OF the
canal, shall remain under the direction and
control OF the James River and Kanawha
Company, provided that such control shall
Al irfs Oh ~ NJ xua fa r
to which the city is entitled under the next
clause of this agreement.
7. The water used in the proposed pump
works may be 2S3 cubic feet per second,
with the further privilege OF using In
the future, "a the extension OF the works
may require, a maximum quantity OF 700
cubic feet per second, subject TO all the con-
ditions here contained, and the right to such
use of the water by the city OF Richmond
shall be perpetual.
s, All the work aforesaid shall be done
by the city OF Richmond and at its expense,
and Bosher'S dam and the line OF canal
from said dam to the Tbree-Mile locks shall
be perpetually kept in repair by said city,
except locks and their appurtenances,
houses aud fences OF all kinds, bridges OF
all kinds, paving and graveliDg, or other
surfacing Of the tew-path. And the COM
pany also agrees to charge no tolls upon
boats conveying materials for any c0nstruc-
ton or repair provided for in this agree
ment.
Q. The city OF Richmond shall own in fee
simple so much Of the land Fl the James
River and Kanawha Company as will be oc-
cupied by the race-ways bereinbef0re pro-
yided for, and by the pump-works; and
the purchase-money OF the land so to be &C
quired in fee simple may be ascertained by
contract OF by condemnation. But il is ex.
pI essly provided that no part OF the canal
shall be so used, nor shall the land to be oc-
cupied as a pump-house be so laid off as
that there shall be any interference with the
navigation Of the canal; but this provision
shall not prevent any use Of the property OF
the company for the location OF such pipes
as may be necessary to obtain from the river
or feeder such supply Of water as may now
or hereafter be deemed requisite by the city
for its reservoirs.
10. In the event that the canal shall be
substituted by railroad, or that railroad
be bulk along the line Of the canal, either
by the James River and Kanawha Company
or any company which may acquire its
works and property. the construction and
operation Of such railroad shall not inter.
fere with or impede the constructions by
the city OF Richmond herein provided for (;
and such road shall be so built and operated
as not 10 diminish or put at hazard the sup.
ply of water to which the city is entitled
under this contract, or to put the city to
additional expense.
And in the event OF any difference be-
tween the parties as to the liability or the
duty of such railroad company, or OF the
city, under this clause, the said difference
shall be submitted TO arbitration, the engi-