The times. [volume] (Richmond, Va.) 1890-1903, 1892-06-21
nrrv ORDINANCES.

g. 40 daxs' notice from the said
Engineer. TO CARR out and per oIln an .ns'auS
tioo or requirement maze u then the Tngineer
shs n cause the work. 20 required, 70 De uoho ~
accordance with the instructions OF the sala
COMMITTEES; and the expense Thereon snan pg !, ,
debt against said company, recoverable as debts
arc now recoverable by the city OF fichmond.
18th. As TO all streets used By the aooye-Damea
conpay IN enterins in.o OK W. ali ordinanrss
now in force. or that may hereafter be passed.
concerning the streets Of the city.
18th. The permission 20 be anoWeq en .iNl
dlnance by the Mayor for the completion oissld
tunnel and It's approaches Is given upo1 tns
further condition. that the said hlenmohl anu
Chesapeake Railroad Company snaii, "ltniln
thirty days from the day ON which ms ordl-
nance shall be approved, deposit with the Treas
urer OF the city OF Richmond per cent ,pond,
OF the city Of richmond or bonus o. ine Onise r
States. OF the face value Of one hundred thou
saud dollars and payable 20 the SAID company.
The bonds so deposited shall pe hela lor tlle
purpose Of securing or guaranleelns me psI
fnent or payments of any Judgment or judg-
ments decree OF DEGREES which may De recoN-
cred or entered in the Crcuii, or CnahceIy
Conrfs OF the city OF Richmond against the
above named company by persons owning rea,
estats. and which may be injured or damaged
by reason Of the construction or use VI saiu ~
mel or BIZ persons who NAV receive OF buutI
any injury to his person or personhai - plope'y
by reason Of any negligence suffered or done ~
said company in the construction or use OF sald
tunnel and also for the purIo se OF securing or
guaranteeing the payment or paSnsn' s 20 nc
said city Of any amount or amounts that lne
city may expend by reason oil any faiihfe on the
part OF the aboYe-Damed company 10 perform
to the satisfaction OF the said committee, escH !
ard every provision OF this ordinance or that
the said city may be required 10 pay on account
OF any one having been injured either In per
son OF property. real or personal, IN any man
ner By reason Of the making. building. sxist-
ence or use Of said tunnel, or that the city or
the Committee on Streets NAV oxpend under
the 18th section OF this ordinance In restoring
Eighth street to its former condition, or IN rem
dering the same safe and secure.
he said bond or bonds shall be held by sara
city for one year after the frst regular train OF
Chesapeake Railroad Company from some rons
at or near the Chesapeake lay 70 klchmond'
shall run through said tunnel a. the expira,iI
ton OF tine said year the City treasurer shhls
turn over to the treasurer OF the eDove-named
company the said bond, provided thnt no suits
for such injuries or damages shall then pc pend
ing in the Circuit Court, or the city 10 uolhR no
work AZ tho expense Of said company, or DO
liable for any damage TO any person as above
stated, or shall have 70 expond any money In re-
storing Eighth street TO It's former condluon or
rendering Is safe, as mentioned IN sald lsth sec
ton. Should there be pending any such suits,
OF there he any liability on the part OF the CITY
10 any person as above stated, or the city De
doing any such work or expendlng any money
"A above stated. The said city shall retain said
bond until the suit or suits then penang shah
be ended or the work or works then being done
shall be paid tor or the city protected or relln-
bursed for any liability to any person as above
stated. or for restoring SAID Flghth street O.
rendering II safe as above stated. ana
the bond thus retained SHAH be Sc
cnrity or guarantee for the payment or pay,
ments of any judgment or judgments recovered
in any Of said suits or Of any claim or Chains OF
the city for the work or WORKS OF any KIND what-
soaver. when completed or Tor any naDllty OF
loss that the city may incnr or suner as afore,
said Along with said bonds shall be deposited
power Of attorney authorizing the Treasurer
and the Mayor Of the city from tline 20 tiine, 70
sell any part or all of said bond or bonds upon
the written instruction OF the chairman OF sald
committee, 10 sell the same 70 satisfy or pay any
Judgment or Judgments, cIalln or Claims III
tended TO be secured as above stated by SAID
bond or bonds. IL shall DO 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 20 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.
IL any objection is made by SAID company, with
in ton days Of the receipt Of said notification 30
the payment Of said judgment or claim, the SAID
chairman shall take the advice of the City At
torney upon the question rs 10 whether the
judgment or claim should be paid, and snail act
in accordance with his opinion, If no objection
be made by said company, or II any objection
be made aud the City Attorney advise payment
of the judgment or claim, then the chairman
shall, in writing, instruct the Mayor and Treas,
so much Of said bond or bonds as may be neees-
sary 10 pay such Judgment or claim. The
said bond or bonds shall be gwen
and held for the purpose of securing or guaran-
teeinR the payment or payments OF any such
claim for damage which may have been suii- red
by any person or by the city between the 5ih
day of May 1885 and the day OF the filing OF sain
bond or bonds. as well as for any such claim for
damage which may he suffered after the ming
of the same, by any person or ~ the city. Upon
the acceptance and fang of said bond or bonds
nd Of attorney and
missions heretofore granted 10 said company by
any ordinance or resolution OF said Council
shall stand revoked and repealed. and tho bond
now held by said city under the 18th section 81
the ordinance entitled, An ordinance 20 allow
the Richmond and Chesapeake Railroad Com
pany TO construct a tunnel under Eighth street.
and 10 lay certain tracks" approved May 9TH,
1855, shall be null and void and surrendered 70
said company.
10th The privileges herein given are granted
upon the understanding and agreement that
Whenever. and as often as the deposit or de-
posiIs required under this ordinance shall, be-
fore the said train Of cars shall pass through
said tunnel be reduced by sales under this or
dnance 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 10 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
diiiOns rs The original bonds were given and
held, and along with said additional bonds shall
file a power of attorney as to said additional
bonds similar 10 the one filed with the original
bonds. should he said company fail 10 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
filed. IL the said company, after receiving such
notice 20 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
of said order or notice 10 be separate offence.
18th. IT, after the said company shall under
this ordinance. have begun 10 prosecute the
construction or completion OF said tunnel. shall
cease 10 diligently prosecute and build the same,
or shall abandon said work Tor the space Of
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 Council shall
have the power 10 declare the permission hereby
granted revoked and the tunnel forfeited TO the
city. or. IL TT, 70 restore 70 its former
condition as of May 3, 1888, or TO render safe
said Eighth street. Should the Council de-
termlne to so restore or render safe said Eighth
street. the expense OF the work thereon shall be
debt against said company. and the claim for
| SAID cost or expense shall be presented hv thu
! City Engineer, and shall DO 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
| fixed by said Committee on Streets from time