The times. [volume] (Richmond, Va.) 1890-1903, 1892-06-23

| GERMANY after two days notice from the said
Lngneer e carr out snd D gnder seetons
| :. ssnd 10 OK this ordinance, then .ne hhkinset
snail cause the work. 80 required, 70 De uons 10
accordance with the instructions OF shs saia
s are now recoSerabie 81 ths city Of Richmond
18th. As to all streets used by tne hu9. e t
ccmpay IN sn.frhg be ni bound BY oil ordinances
rny in oros or that mar hereafter be passed
concerning the streets OF the ciy: o,oh,o
an, d rom The day Of the approval Of this or
| dinanee by tho Mayor for the completion OF said
and M pPEUs'ass he aid Bchm noDdd and
rhassne,ka Railroad Company shall, within
thirty DAYS from the day on which this ordi-
nance shall be approved, deposlt WIN VIC nas
OF the city Of Richmond, or bonds OF me O ih
| States Of the face value Of one hundreu tnou-
sand dollars and payable e re s@la sof mp ,g
,nrnoss Of Securing or guaranteeing the pay
| ment or payments OF any Judgment or ludg-
ments. decree or DEGREES which may pc rcooT-
| Courts of the city OF Richmond against the
| above-nsmed company by persons OWNING feas
estate. and which may be injured OF osinhs .
| mel or hy persons who NAV receive or sutfer
| any injury to his person or persona pIopeIy
! by reason OF any negligence sunereu or uone "
| said company in the construction or use OF sald
| tunnel and also for the purpose OF securing or
/ guaranteeing the paymsnt or payments 20 me
said city OF any amount or amo1nt Una, .he
| CITY may expend by reason OF any failure on the
| part of the aboVe-namod company 10 perform.
! 10 tho satisfaction Of the said committee. each
| and every provision OF this ordinance or that
| the said city may be required 10 bay on account
| Of any one having been injured either IN per-
| son or property, real or personal, IN any man
ner. by reason Of the making, building, exist
ence or use of said tupnel, or that the city or
the Committee on Streets NAV expend under
the l7Ih section Of this ordinance In restoring
Eighth street to It's former condition. or In rem
dering the same safe and secure.
The said bond or bonds shall be held by said
city for one year after the first regular train Of
cars, running over the line OF the Richmond and
Chesapeake Railroad Company from some roint
at or near the Chesapeake Bay 70 richmond
shall run through said tunnel At the expire.
tion Of the said year the City Treasurer shall
turn over 10 the treasurer OF the aDove-named
company the said bond, provided that no suits
for such injuries or damages shah then be pend
ing in the Circuit Court, or the city be DONG no
work at tho expense OF said company, OF DC
liable FOR any damage 10 any person as ABOVE
stated, or shall have 70 eIpeDd any money IN re-
storing Eighth street TO It's former CONDITION or
rendering II safe, as mentioned III SAID lItn sec
ton Should there be pending any sncn suits
or there be any liability on thepart Of the city
TO any person as above stated. or the city he
doing any such work, or expanding any money
Is above stated, the said city shall retain SAID
bond until the suit or suits then pending shall
be ended, or the work or works tnen peing d9ne
shall be paid for. or the city protected or reim-
y
stated, or for restoring said Eighth street or
rendering il safe as above stated. and
the bond thus retained shall be Sc
curity or guarantee for the payment or pay
ments of any judgment or Judgments recovered
in any Of said suits, or OF any claim or claims OF
the city Tor the work or works OF any KING what
soever, when completed. or for any liability or
loss that the city may incur or suffer as afore,
said Along with said bonds shall be deposited
power of attorney authorizing the Treasurer
and the Mayor OF the city. from time to time, 10
aall an mai OF AL az bond bonds.
thu written instruction OF the chairman OF said
committee, 10 sell the same to satisfy or pay any
Judgment or judgments claim or claims m
tended TO be secured as above stated by said
bond or bonds II shall be the duty OF the 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, TO notify tho presi-
dent, vice president, or genera manager. or any
pany. Of the receipt OF said Judgment or claim.
If any objection is made by said company. with
in ten days OF the receipt OF said notification 70
chairman shall take the advice OF tho City At
torney upon tho question as TO whether the
judgment or claim should be paid and shall act
in accordance with his opinion. IL no objection
be made BY said company, or if any objection
be made and the City Attorney advise payment
Of the Judgment or claim, then the chairman
shall, in writing, instruct the Mayor and Treas
urer 10 exercise said power of attorney and sell
so much of said bond or bonds ns may be neces-
sary 10 pay such judgment OF, claim. The
said bond or bonds shall be given
and held for the purpose Of securing. or auafan-
teeng the payment payments of any such
claim for damage which may have been suffered
Ssy Of Hsy s. and the day he ding Of said
bond or bonds as well az for any such claim FER
damage which may be suffered after the fling
OF the same, by any person or BY the city Upon
the acceptance and fling Of said bond or bonds |
and power OF attorney all privileges and per-
missions heretofore granted to said company by
,rAar mi ~ oaf1 all
shall stand revoked and repealed. and the bond |
now held by said city under the 18th section Of
the ordinance entitled, An ordinance 70 allow
the Richmond and Chesapeake Railroad Com
pany 10 construct a tunnel under Eighth street |
and 10 lay certain tracks" approved May 5th
1888, shall be null and void and surrendered 20
said company.
18th. The privileges herein given are granted
upon the understanding and agreement that
whenever. and as often as the deposit or de-
posts required under this ordinance shall, be-
fore the said train OF cars shall pass through |
said tunnel, be reduced by sales under this or
dinanee to fifty thousand dollars, face value
after being required BY written notice. served |
upon the president, yice-president. treasurer OF
any member of the Board OF Directors OF said
company, from the chairman of said CON-
rnittee SO TO do. shall deposit with said
treasurer additional 4 per cent. city bonds or
United States bonds TO the amount OF fifty |
given and held under the Same terms and con |
dilions as the original bonds we're given and |
held, and along with said additional bonds shall |
file power OF attorney as 10 said additional |
bonds similar 10 the one fled with the original |
bonds. Should the said company fail to deposit |
within the specified time the said additional |
bonds and the power Of attorney, thon 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 |
notice 20 cease work on said tunnel shall DO any
work thereon before said additional bonds aud |
power of attorney shall have been filed. ii shall |
be liable 10 fine OF $500: each days violation
of said order or notice to be separate offence |
nth. IT, after the said company shall under |
this ordinance. have begun 10 prosecute the |
construction or completion Of said tunnel shall |
ceaseho diligently prosecute and 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
have the power TO declare the permission hereby |
granted revoked and the tunnel forfeited 10 the |
city or, IL may sec fit, 20 restore 10 its former
condition as OF May 8, 1893, or TO render safe |
said Eighth street. Should the Council de- |
termlne 10 so restore or render safe said Eighth
street tho expense OF the work thereon shall be |
a debt against said company and the claim for i
said cost or expense shall be presented bV the |
City Engineer. and shall be paid in accordance |
with the provisions Of section fifteen of this
ordinance
18th. That the rate of speed Of all trains. cars
or engines passing through said tunnel shall Ia
fixed by said Committee on Streets from time |
70 time IS the committee may see fit. The said |
IN