Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-05-02
THE TUNNEL.
HOW TEE UNION DEPOT Is TO BE AP-
PREACHED.
Proposed City Ordinance to Regulate the
Work Under Eighth
Street, &c.

the construction of a tunnel unde
Eighth street, have agreed upon the fol
lowing. and il will be submitted to tn
Street Committee at q meeting to b.
held tomorrow afternoon OF 2 o'clocl
at Colonel Cutshsw's Office:
An ORDINANCE TO ALLOW THE RtcHMosI
AND CuksAPTAKE RAILROAD CoNPASl
TO CONSTRUCT A TUNNEL UNDER EpGHrI
sTkEET AND TO LAY CERTAIN TRACKS.
BE Il ordained IN the or C01ca of Rich
ni0Hd: Section 1. That permission be. and II
hereby granted 10 the Richmond and Chesa
peake Railroad Com pauy to build and con
struct a tunnel for a double railway trach
uncer Eishfn street in said city, beginning
at the northern end OF said Eighth street al
or pear the rayine north OF Leigh street
and continuing under said Eighth street
until IL reacbesa point between Main and
Gary streets. At point - feet fro n said
Cary street: Provided, that the said Rich.
moDd and Chesapeake Railroad Com
pany shall begin 10 construct within
three months from the passage 81
this ordinance railroad, In accord
ance with the second section OF its
charter. as contained In CHAPTER 10, Acts o
Virginia. 1853. "a and provided. further
that this permission IS granted subject 70
each and every condition and require meni
herein contained; and rpon failure 20
observe and perform to the satisfaction ol
the Committee on Streets OF said Council
any one or more OF said conditions and
require ments the permission hereby
granted shall stand revoked, and the said
company or its agents or assigns shall
have no right TO use said tunnel n fer nOtic zee
has been revoked.
Section q The said tunnel shall be built
and constructed upon such locations.
grades, plans, and specifications. and with
rel.
committee, under the advice OF the City
Engineer. before the said tunnel shall he
commenced. Whenever any part OF said
tunnel is made or constructed in manner
or with materials disapproved OF by said
committee, the same snalI. after notice
from said Engineer. be immed iately RENE
q ed or removed. as may be- desired by "a III
committee, and no other work shall be
done on said tunnel until such improper
" ok or material shall have been removed
or remedied according TO the decision OF
said committee.
section 8. The said company, according
TO the directions OF the said committee. and
under the supervision OF the said Engineer,
shall repair and shall replace. whenever In
the opiDion OF said committee IL shall be
practicable. all culverts and sewers. drain-
age. water, and gas-pipes that may be
Injured or intertered with in tho conStruc-
ton OF the said tunnel, and shall at all
times keep the same In proper order.
the opinion Cf said committee, render u
Improbable to continue to use or to
replace any one or more OF the present
culveIts or sewers, drainage, water,
or gas. pipes Of the city that in the
opinion OF said committee are injured
or interfered with by said tunnel, then the
company is 10 make. lay, and construct, ut
It's own expense, another culvert or sewer.
drainage, water or gas-pipe, as the case
may be. nj such location and grade and In
I'D nf snQh n q iC u a
said committee shall direct. II the said
company should fail. after two days notice.
To comply with any one or more OF the pro-
visions of this section, then the city En-
gineer shall have the work done as set fOrth
~ taid instructions or requirements and
the expense thereof shall be a debt against
"a I'd comrsny. recoverable as debts are now
recoverable by the city Of Richmond.
Section 4. All earth or other material
taken fIom said tunnel shall be delivered
by said Company. free fall charge against
the city. at such points as the "a "a commit
tee may from time TO time designate.
Section 3. II, daring the construction OF
eald tunnel, or at any time thereafter
during the existence Of said tunnel. any
caving In should occur. whereby. in the
opinion ofsaid ommittee the said Eighth
street shall be IN any way da mayed or ren-
defed insecure, ID shall he the duty Of the
said company TO Immediately proceed TO
remedy and repair the same, and to make
safe and secure.
Section @. The said company shall al all
times indemnify and save harmless the
said city from any loss or damage suffered
by reason OF any one being Injured either
In person OF property, real or personal, in
any manner, by reason OF the building. eX-
istcnce or use OF said tunnel, and shall pay
TO the city any amount or amounts recov-
cred against said city by any judgnento or
judgments given on account Of any such
Injuries.
Section 7. The said tunnel shall at all
times, whether during its construction or
afterwards, he open To Inspection by the
iaid committee and said Engineer. And
whenever, in the opinion OF said commit
lee the said tunnel shall need any change
Jr repair the said company shall proceed
Without delay TO make such changes or re
airs as may be required by said commit
ZEE.
Section s. The construction OF said tun-
mel shall be begun within six months from
The passage OF this ordinance, and shall be
pushed with reasonable diligence 10 com
pelion. and shall be completed within two
ears from tie passage OF this ordinance.
Section 9. The said company, whenever
he grades and lines Of the streets between
he northern entrance to said tunnel ADD
he northern limits of the city shall be as
eriained. over or across which the said
Dad shall pass, and whenever required so
o DO by said com mittee. shall erect and
,iher structures as the said committee may
ieem necessary TO allow such streets TO pass
,Ver "a Ill road
Section 10 The said company shall at
III times keep in good aud complete
epair on all streets OF the city over which
ny OF the said company's track may pass
q much OF the said streets as shall be co
cred by said tracks and for two feet on
zach side, and shall keep IN good and com
,cte repair all street. ami gutters
a. "a =
Orm at all times 10 the grades OF sucn
tIeets.
Section IL. Upon the failure OF the said !
ompany at any time to perform. 10 the |
a tsiaction Of the said com mittee, any one |
I the cOnd lions or requirements set fOrih |
u sections 2. 3. D. 7, 8 10. and IL OF this |
Tdinance. IL shall he the duty OF the said |
.ngiueer 10 have the said company sum- |
loned before the Police Justice for viO'a- |
ION OF this: and FOR such violation the |
aid company shall be- liable 10 fine OF |
-; each days violation to be separate |
Hence.
section IL. That the said company shall |
low any other railroad company or CON.
anies desiring to use said tunnel and the |
ocessary tracks leading into or out OF said
mel 10 do so upon fair and reasonable
rms, and snail grant and afiord To any |
lch company the necessary iaciuties FOR |
doing upon fair and reasonable terms.
hOuld there in any Instance De failure TO
gree upon what WOuld be- fair and reason
be terms, then that question shall be
ibmitted without unnecessary delay TO
bitrators, who shall be appointed as fol-
.Ws: Tie aboye.named company shall |
ppOint one arbitrator and the CON-
any desiring 10 use said tunnel
All appOint another Should the said !
biuatOrs agree upon such terms. then
Ieir decision shall be the basis upon which
le company desiring TO use the said tun-
b shall be allowed 10 DO so II II still wishes
use said tunnel. Should the said arbitrs-
rs fail To agree upon the terms. and should
icy fail for two weeks to agree upon aud
lect the person VINO snail constit ate tue
Iird arbitrator, then the said committee
all appoint q third arbitrator, and the
1inion OF the majority OF the three, how.
FER the third one be selected, shall be the |
ISIS upon which the company desiring TO
e said tunnel shall be allowed 10 do 80 II
still wishes to use said tunnel: and tine
,ove- nRmed company shall permit such
mpany desiring TO enter said tunnel 10 do
in accordance with said decision.
section Is. Upon the failure OF the above
Imed company, amer - days notice
lm the said Engineer, TO carry out any
s,rbciion or requirement made under
rtions 3. 3. 7. o. and 10 OF this ordl-
nee, then the Engineer shall cause the
lrk so required To be done In accordance
tn the instructions OF the said commit
2: and the expense thereof shall be debt
ainst said com pany. recoverable as debts
{ now recoverable by the city OF Rich
md.
section IA. As 10 all streets used by the
ove-na ned company in entering into or
wing said tunnel, the company shall be
und by all ordinances now In force. or
at may hereafter be passed. concerning
2 streets OF the city.
section 10. Before the aboye-uamed COM
ny shall have any right under this ordi.
nee 10 exercise any OF the privileges
leby granted. II shall deposit with the
easnfer Of the city OF Richmond the sum