The times. [volume] (Richmond, Va.) 1890-1903, 1892-06-24

COMPANY after two days police rom sne sio
Engineer to carr out as sls pDndsr ssctions
| p s1d 10 OF this ordinance. thep the Epginssr
shall cause the wosk. 50 rssuM s;ons ~ tSs Id
| committee; and the exrense Thereon snsu pe =
debt against said company. recoverfple a. dsph
| are nov recoverable By .he eity o. hicnmona
earansx In enterine into or leaving said tunnei
tho company shall be bound by Al qrdinsncss'
now IN force or that ms hsf risy % passed.
itth The psrrnission 70 be allowed enFhtsen
months from the day Of the approval Of this Or,
dinance BY the Mayor for the complexion OF sac .ha
iup,ssr s Condition. thsi the said and
| Chesapeake Railroad Company sbalt within
th.T from the daS On wG nitb sS.' psa
n n1sf o. fa the city y Richmond cep. bond;
OF the city OF Richmond, or bonds OF the United
States. Qf the face value Of one osn a tn0v
| The bonds so deposited shall be held Tor tue
/ purpose OF securing or suarAnteeinE the pay
meat or payment: oil any ybeb msy be rsco1
| ered ar entered IN the Circuis or ShADcef5
| Courts of tho city OF Richmond against the
company By Psnred or Or daa. red
by reason OF the construction or use OF salo tan
! mel or By persons who may receive or su1eI
any injury 70 bis person or persona psopsrbw nv
| BY reason of any negligence suffered or done ~
| said company in the construction or use OF shlu
| tunnel and also for the purpose OF securing or
guaranteeing the psynsn or payinssnts 70 .hs
| said city Of any amount or amounts thar the
| city may eIpend by reason OF any IAiluro on me
| part OF the above-named company 10 perform
| to the satisfaction OF tho said commniee. esc1
the said city may be required 80 PAY on acoount
Of any one having been injured either in per-
ner. b by reason Of the msking building, exist
ence or use Of said tunnel. or that the city or
TIE on street; m,y sARspa 0Pas[
Eighth street to its former condition, or in rem
derinR the same safe aud secure.
The said bond or bonds shall be held By said
city for one year after the first regular train 81
Chesapeake Railroad Company from some point
at or near the Chesapeake bay 10 Richmond.
shall run through said tunnel AZ the e1plr11II
ton OF the said year the City Treasurer shall
turn over TO the treasurer Of tho above-nAmed
company the said bond. provided that no suits
for such injuries or damages SHAH then 20 pend
ing in the Circuit Court, or the city be doing 2e
work at the expense of said company, or be
liable for any damage 10 any person az above
stated, or shall have 70 eIpend snY money In re-
storing Eighth street 10 It's former CONDITION or
rendering IL safe as MENTIONED IN saId llth sec
ton. Should there be pending any sqcn suits.
or there be any liability on me part OF me cry
20 any person as above stated, or the city be
doing any such work, or eIpending any money
As above stated. the said city shah retain sag
bond until the suit or suits then pending SHAH
be ended, or the work or works then being done
shall be paid Tor. OF the city protected or ROM
bursed for any liability 10 any person a. above
stated. or Tor iflkHtA "
rendering il safe as above stated, aud
the bond thus retained shall be So
curity or guarantee for the payment or pay;
ments OF any Judgment or judgments recovered
the city for the work or works OF any kind what
soeyer, when completed. or for any liability or
loss thai the city may incur or surfer ss afore,
said. Along with said bonds shall DO deposited
power Of attorney authorizing the Treasurer
and the Mayor of the city. from time 10 time, 70
sell any part or al Of said bond Or bonds, up299
COMMITTEE to sell the same TO satisfy or pay ans
Judgment or judgments. claim or claims, ia;
bond or bonds II shall be the duty of tia said
chairman, whenever any execution upon any
such judgment against said company, or any
claim Of said city arising under this ordinance
and certified 10 by the Engineer Of said city,
shall be presented to him, 10 notify the presi-
dent, independent, or general manager, or any
member OF the board Of directors OF said COM
pany. Of the receipt OF said Judgment or claim
II any objection is made by said company, with
in ten days OF the receipt OF said notification 20
the payment Of said judgment or claim. the said
chairman shall take the advice of the City Al
torney upon the question as 70 whether the
Judgment or claim should be paid. and shah act
in accordance with his opinion IL no objection
be made by said company, or II any ob5eciioa
DO made and tho City Attorney advise payment
Of the judgment or claim, then the chairman
shall, in writing, instruct the Mayor aud Treas;
80 much Of said bond or bonds as may DO neoes-
sarY 10 pay such judgment or claim Tho
said bond or bonds shall be given
and held for the purpose OF securing or guaran>
teeing the payment or payments Of sny such
claim for damage which may have been suffered
by any person or by the city between the 9th
bond or bonds. as well as for any such claim Tor
demsge which may DO suffered after the sing |
OF the same, by any person or by the city. Upon |
the acceptance and fling of said bond or bonds |
and power OF attorney ell privileges and per- |
missions heretofore granted 10 said company by |
any ordinance or resolution of said Council
now held by said city under the 18th section Of |
the ordinance entitled. An ordinance TO allow
the Richmond and Chesapeake Railroad Com |
pany to construct tunnel under Eighth street, !
and TO lay certain tracks" approved May 5th. |
1855. shall be null and VOID ana surrendered 10 |
said company.
upon the understanding and agreement that /
whenever. and as often as the deposit or de- |
posits required under this ordinance shall, be- |
fore the said train Of cars shall pass through |
said tunnel, be reduced by sal es under this or
dnanee TO fifty thousand dollars, face value. |
that then the said company within ten days |
upon the president Independent. treasurer or |
any member of the Board of Directors OF said |
company, from the, chairman OF said com |
mttee so 10 do, shall deposit with said |
treasurer additional 4 per cent. city bonds or /
United States bonds TO the amount OF nifty /
thousand dollars. face value. which shall be |
given and held under the same terms and con- |
ditions as the original bonds were given and |
held. and along with said additional bonds shall |
ne a power OF attorney as 10 SAID additional i
bonds similar 70 the one filed with the original |
bonds Should the said company fail 70 deposit |
within the specified tims the said additional |
bonds and the. power Of attorney then IL shall |
be the duty OF the said committee to notify the |
said company that no work shall be done on /
said tunnel until the said additional bond or |
bonds and power of attorney shall have been /
filed. II the said company, afterreceynR such |
notice to cease work on said tunnel, shall do any |
work thereon before said additional bonds and /
power Of attorney shall have been filed ii shall |
be liable 10 fine OF 600; each days violation |
Of said order or notice 70 be a separate offence.
nth II, after the said company shall under |
this ordinance. have begun 20 prosecute the /
construction or completion Of said tunnel, shall [
ceasetO diligently prosecute snd build the same
or shall abandon said work for the space of /
three months, or the work on said tunnel should |
cease by reason OF the failure OF said company |
10 comply with the requirements of sections
eight and sixteen. and such cessation continue |
for three months, then the said Conncn shall /
have the power to declare the permission hereby
granted revoked and the tunnel forfeited TO tho |
city. IL may see tit to restore its former
condition as OF May 8, 1888 or 70 ronder safe
said Eighth street. Should the Council de- |
termine 10 80 restore or render safe said Eighth
street. the expense OF the work thereon shall DO /
a debt against said company. and the claim for |
said cost or expense shall be presented by the
City Engineer, and shall he paid in Accordance |
with the provisions OF section fifteen OF this |
ordinance.
18th. That the rate Of speed Of AL trains cars !
or engines passing through said tunnel shall la |
fixed by said Committee on Streets from time
10 time as the committee may soc ht The ssId |
company or any other railroad company or
companies which shall obtain the right 10 nae