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

| COMMENCED by SAID o1VYSHiif ~ CRY AND
| 10 LAY CERTAIN TRACKS,
es I, ordained by the Council Of the City OF
! Richmond:
,st That permission be and is hereby GRANTED Iasd
70 the Richmond and 1hshs ntsld,ng and con-
stynction of a tunnel Tor double railway tfscs
| nnder Eighth street. In SAID city, beginning ~
the northern end 81 s az eaI H street and con-
| tinnin9 under said Eighth street UNI IL
reaches 0 point TO be determined by ths I S.r-
| sfreefs heretofore begun under certain, orul-
nances Of said cry. and to complete sald tuilii
+ mel; provided, that the said kchmohe ana
| 1hesapeske Railroad Company shall construct
! and onerate the railroad authorized by the sec
/ ond section Of its charter WITHIN the iltne al
lowed by the seventh section OF saia ehsItes a.
! and provided further, that this permission -
| granted subject 10 each snd every condition ana
/ requirement herein contained ana upon
failure 70 observe and perform. 70 ine batlsIsc-
| tion Of the Committee on Streets Of said Coun-
Gil any one or more Of SAID conditions ana re,
quiremenis the permission hereby granted
shall stand revoked, aud the said COMPANY OF
ITS agents OF assigns. shall have no rlght 10 use
said tunnel after notice from the tlty Iouncii,
that the permission has been resokea, anu al ~.
rights hereby granted shall stand iOrIelteu "
the city: and for any use OF said tunnel Dy sara
company its license, lessee, assignee or grantee.
after any such provision or cohdlti9h snaii u"te
been violated IN after the said Council by
ordinance or resolution shall have declared
said permission revoked. and the SAID tunnel
forfeited 10 the city, the person SO using AHNu
be liable for fine TO be imposed by the ONCE
Justice of the city Of not less than nfty nor
more than one hundred dollars: zach day use
10 DO separate offence. o.,
I'd. The said tunnel shall be built ana con,
structed upon such location, grades, plans ana
specifications, and with such materials ana IN
such manner. a. shall be approved by stla com,
mittee from time 10 time before the same snall
ha WbouegeT
made or constructed in manner or wlth maize
rails not approved by said committee the same
shall after notice from the City Engineer 10
Immediately remeded or removed. as may 10
desired By said committee, and no DINER WORK
shall be done on said tunnel until such improp-
er work or material shall have been removed or
remediad. according 20 the decision Of SAID
I'd. The said company, according TO the direc-
tions OF the said committee, ana under the SUI
peryison OF the said Engineer. shall repair and
shall replace. whenever IN the opinion OF salu
committee II shall be practicable, AL culNerts
and sewers, drainage, water and gas pipes that
NAV be injured or interfered with in the con-
struction Of the said tnnnel. and snail az az
times, keep the same in proper order should
the construction OF said tunnel, IN the oplnlon
Of said committee, render II impracticaole 10
continue the use or TO replace any one or more
OF the present culyerts or sewers, drainage,
water or gas pipes OF the city that IN the opln-
ion OF said committee are injured or 1nterfered
with by said tunnel, then the company Is TO
make, lay and construct at It's own expense, an
pipe. as the case may be. at such location ana
grade, and in such manner and Of such mate
rials as the said committee shall direct. III tho
said company should fail, after two days no.
tlce, 10 comply with any one or more OF the pro-
visions OF this section. then the tlty Engineer
shall have the work done as set forth III SAID IN
instructions or requirements, and the expense
thereof shall be debt against said company
recoverable as debts are now recoverable by the
city Of Richmond.
4th. All earth or other material taken from
atYrr al not ~
in its construction, within the city Inn
its. shall be delivered by said com
city, At such points as the said committee may
from time 10 time designate at a distance not
exceeding 3,0oJ feet.
9Th. If. during the construction of said tun-
nell or at any time thereafter during the OK
istence of said tunnel, any caving-in should 90
cur. whereby, in the opinion 81 said committee
the said Eighth street shall be IN any way
damaged or rendered insecure, IL shall BIO the
duty OF the said company 10 Immediately pro-
coed TO remedy and repair the same, and 70
make said Eighth street. in the opinion OF the
committee safe and secure, or 70 put the same
in proper condition.
9th. The said company shall at all times indem-
Nifty and save harmless the said city from any
loss or damage suffered by reason OF any ono
being Injured either IN person or property, real
or personal, IN any manner by reason OF the
building, existence or use OF SAID tunnel ana
shall pay 10 the city any amount or amounts re-
covered against said city By any Judgment or
judgments given on account OK any such In
juries.
nth The said tunnel shall at all times, whether
during its construction or afterwards, be
open 10 inspection by the said committee and
said Engineer. And whenever. in the opinion
OF said committee, the said tunnel shall need
any change or repair the said company shall
proceed without delay 20 make such changes Or
repairs as may be required by said committee.
Sth The continuance Of the construc-
tion Of said tunnel shall be begun within
forty days from the approval OF this or
dinance by the Mayor, and the said com;
pany shall continue to prosecute SAID
work. until its completion with II diligence
satisfactory to the Committee on Streets,
by aud with the advice of the City Engineer
The decisions OF said Committee on Streets as
TO the manner IN and the diligence with which
said work shall be prosecuted shall at all times
be final and conclusive. Should the SAID COM
Committee on Streets. that the work is not be-
ing pushed IN a manner and with diligence
satisfactory to said Committee on Streets, fail,
within ten days from service OF such nothcs,
ton, 10 remove such ground OF complaint, and
toproseeute said work III manner ana Win
diligence satisfactory 10 said Conmlttee on
Streets, then the said company shall, upon the
command OF the Committee on Streets cease all
work upon said tunnel, until authorized by
said Committee on Streets 10 proceed with the
same. The said tunnel and the approaches
thereto shall be completed within eighteen
months from said approval OF TINS ordinance,
and. If not completed within SAID eighteen
months. the privilege 10 build said tunnel shall
cease and determine, and all work done there
on. together with all materials used therein,
shall tlereupOn become ana De the property OF
the said city, by and with the consent OF the
said company, given and expressed by the CON-
pany fling the bond or bonds required By the
18th section Of this ordinance. should the SAID
company, when ordered by the said committee.
as above stated, 10 cease work on said tunnel,
disregard said command or continue 10 prose-
cute the work on said tunnel. then the said
company shall be liable TO a fine of not less
than fifty nor moro than five hundred dollars;
each days failure 10 obey said command to be
q separate offence
9th. The said company, whenever the grades
and lines OF the streets between the northern
entrance TO said tunnel and the northern
limits OF the city shall DO ascertained. over or
across which the said road shall pass, and
whenever so required TO do by said committee,
shall erect and maintain such bridges. arches,
walls, and other structures. as the said com
mittee may deem necessary 10 allow such
streets 10 pass over said road.
10th The said company shall at all times
keep in good and complete repair on all streets
OF the city over which any OF the said com.
panys tracks may pass, SO much OF the said
streets as may be covered by and be between
the rails OF the tracks. and for two feet on each
side; and also shall pave the interval between
the tracks and two feet on each side, whenever
or wherever the streets may be paved. reopened
or repaired. The company, moreover shall
keep in good and complete repair all street
crossings aud cutters over which said tracks
may pass, and conform at all tImos to the grade
and paving of such streets.
nth Upon the failure of the said company
at any time 10 perform, to the satisfaction Of
the said committee. any one Of the con-
ditions or requirements set forth IN sections
2,S5,7,9 10 and 70 Of this ordinance, 1t shall be