The times. [volume] (Richmond, Va.) 1890-1903, 1892-06-22
cry ORDINANCES.

oomranv. after two days' notice from the said
Engineer, TO CARR out and perform any instruc-
zion or requirement made under sections 3, ;,
sasnd 10 of thIs ordinance, then tho Engineer
shall cause the work. 30 required, 20 % zone ~
accordance with the instructions OF the salu
committee; and the expense thefeol shsh pe .
debt against said company, recoverable as debts
are now recoverable by the city or Richmond.
18th Az to all streets used By the aboye-nsmed
compsy in entering INTO or leaving saia ,unnsa,
Concerning the streets OF the city.
18th. The permission 90 be allowed engh ltI
dnance by the Mayor for the completion OF said
tunnel and its approaches Is gwen upon tne
further condition. that the SAID hichmond aha
Chesapeake Railroad Company shall, WITHIN
thirty DAYS from the day on which this ordi-
nance shall BE- approved, deposit with the Treas
urer OF the city of Richmond per cent. ponds
OF the city of Richmond, or bonds OF the United
States of the face yaue Of one hundred thou
sand dollars, and payable 20 the SAID company.
The bonds so deposited shall be held Tor the
purpose OF securing or guaranteeing the pay
rnert or payments of any Judgment or judg-
fnents, decree or DEGREES Wnlch may DS rscoN-
cred or entered IN the Circuit or Chsncey
Courts Of the city OF hichmonu a2ainst tny
aboye-nsmed company by persons owning fehi
estate, and which may be injured or damaged
by reason of the construction or use Oh saidt uh-
mel. or by persons who may receive or suneI
any injury 20 his person or personal properly
by reason Of any negligence suffered or done ~
said company In the construction OF use Oh SAID
tunnel. and also for the purpose OF securing or
guaranteeing the pawn nt or payments 20 th5
said city of any amount or amounts that inc
city may eIpend by reason Oh any failhfe on the
part Of the above named company 10 perform
10 the satisfaction Of the said committee, each
and every provision OF this ordinance or thar
the said city may be required 10 pay 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
enc0 or use of said tunnel. or that tho city or
the Committee on Streets NAV expsnd under
the nth section OF this ordinance In restoring
Eighth street TO its former condition. or IN rem
derlng the same safe and secure.
he said bond or bonds shall be held by said
city for one year aftor the first regular train OF
Chesapeake Railroad Company from some Tont
at or near the Chesapeake bay TO hlchmond'
shall run through said tunnel Al the erpiraI
ton Of the said year the City Treasurer shall
turn over 10 the treasurer OF tho aboye-named
company the said bond, provided that no suits
for such injuries or damages shall then be pend
ing IN the Circuit Court, or me CITY 90 DONG no
work at the expense OF said company or DO
liable for any damage 10 any person as above
stated or shall have 70 expend any money In re-
storing Eighth street to iIs former condltlon OF
rendering 10 safe, as mentioned In said lIth sec
ton. Should there be pending any such quits,
or there be any liability on the part OF the city
20 any person as above stated, or the city 10
doing any such work, or expendlng any money
as above stated, the said city shall retain SAID
bond until the suit or suits then pending siiGi!
be ended. or the work or works then being done
II.
bnrsed for any liability 70 any person as ADoTe
stated or for restoring said fiRhth street or
rendering, II, safe as ABOVE stated. ana
the bond thus retained shall DO Sc
curity or guarantee for the payment or pay
ments Of any judgment or judgments recovered
in any Of said suits OF OF any claim or claims OF
the city for ING work OF uorks OF any hihd what
loss that the city may incur or sHner as afore,
said. Along with said bonds shall be deposited
power OF attorney authorizing Inc treasurer
tba Ma ~ he 4
sell any part or all OF said bond or bonds. upon
the written instruction OF the chairman OF said
committee. 10 sell the same to satisfy or pay any
judgment or judgments, claim or claims, IN
tended TO be secured as above stated BY said
bond or bonds 1t 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 to by the Engineer OF SAID city
shall be presented to him, TO notify the presl-
dent, vice president, 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 sand company, with
in ten days Of the receipt Of said notification, to
the payment OF said Judgment or claim, the said
chairman shall take the advice OF the City At
torney upon the question as 10 whether the
judgment or claim should be paid. and shall act
IN accordance with his opinion. III no objection
be made by said company, or II 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 as may be neces-
sary 80 pay such judgment, or claim. The
said bond or bonds shall be given
and held for the purpose OF securing or gusran-
teoing the payment or payments OF any such
claim for damage which may have been suffered
by any person or by the city between the 5thh
day OF May, 1885, and the day Of the filing Of said
bond or bonds. as well as for any such claihn-ior
damage which may be suffered after the hhng
OF the same, by any person or by the city. UPON
the acceptance and fling of said bond or bonds
and power of attorney oil privileges and per
missions heretofore granted 10 said company by
any ordinance or resolution OF said Council
shall stand revoked and repealed, and the bond
now held by said city under the 18th Feotion Of
the ordinance entitled, An ordinance 10 allow
the Richmond and Chesapeake Railroad Com
pany 10 construct tunnel under Eighth street,
and to lay certain tracks" approved May 5th.
1883, shall DO null and void and surrendered to
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, DO reduced by sales under this or
dinance 10 fifty thousand dollars, face value.
that then the said company. within ten days
after being required by written notice, served
upon the president, vice president. treasurer or
any member of the Board of Directors OF said
company, from the chairman OF said com
mittee so TO do. shall deposit with said
treasurer additional per cent. city bonds or
United States bonds to the amount of fifty
thousand dollars, face value, which shall be
given and held under the same terms and con-
ditiOns as the original bonds we're given and
held, and along with said additional bonds shall
file a power of attorney as to said additional
bonds similar 20 the one filed wish the original
bonds Should the said company fail TO deposit
within the specified time 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
fled. If the said company, after receiving such
notice 60 cease work on said tunnel. shall DO any
work thereon before said additional bonds and
power OF attorney shall have been fled, il shall
be liable TO fine OF $500: each days violation
18th. IL, after the said company shall under
this ordinance. have begun TO prosecute the
construction or completion OF said tunnel shall
ceaserO diligently prosecute and build the same.
or shall abandon said work for the space OF
three months, or the work on said tunnel sbould
cease by reason OF the failure OF said company
to comply with the requirements OF sections
eig ht aud sixteen. and such cessation continue
for three months, then the said Council shall
have the power 10 declare the permission hereby
granted revoked and the tunnel forfeited to the
condition as Of May 5, 1855, or 10 render safe
said Eighth street. Should the Council de-
termlne 10 so restore or render safe said Eighth
street. the expense OF the work thereon shall bo
a debt against said company, and the claim for
said cost or expense shall be presented by 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 be
hxed by said Committee on Streets from time
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