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

| COMMENCED BY sAIrp g ~ SVa sii % dry. AND
| 10 LAY CERTAIN IRAChS.
Be il ordained by the Council Of the CITY Oh
| Richmond:
Ist. That permission be and Is hereby eI9 1rsed
| ~ he Richmond and Chesapeake haiiIohu
| (ompanv 20 continue the building anu III
struction OF tunnel for double railway ~ -. :,
under Eighth street, IN said cry, Deglnnint ar
| the northern end Of said Eighth street - VI
! near The ravine north Of Leigh street, enu roi.
| timing under said Eighth street NM, H., !"
| reaches point to be determined Dy tbs C S
| rnlttee on Streets, between Main ana Naiy
/ streets heretofore begun under certain oiui-
| nances Of sad city. and 10 complete sala tuiii
| mel: provided, that the said richmond anu
| (hesapeake Railroad Company shall consblS'
| and operate the railroad authorized BY the sec
| ond section Of its charter, within tne uIhe "a
lowed by the seventh section OF sad chArtel %
contained in chapter IS, Acts OF tlr RIniA 80
| and provided further that this permission -
| granted subject 10 each and every conaltoh anu
! requirement horein contained; snd npOnn .
failure 20 observe and perform 10 tno sal1sl , a.
| ton Of the Committee on streets OF salu S9ui-
| ell any one or more Of SAID conditions anu 10
| Quirements. the permission hereby gIan'ou
| shall stand revoked. and the said company, VI
its agents or assigns, shall have no rlght 10 ns9
said tunnel after notice from the cry CouInciii
that the permission has been re,okea anu a. -.
rights hereby granted shall stnnu lOIieisce II
the city: and for any use OF SAID tunnel ~ sa,N
company its license lessee, assignee or gIahtoo'
after any such provision or CONDITION shaii n"t
been violated, IN after the sald CohhOH' ~
ordinance or Resolution snail nave ue.la ,.i
said permission revoked. and the SAID tunhei
forfeited TO the city, the person SO usink si I
be liable for fine TO be imposed by Wy Viioo
Justice of the city of not less than ulty HoI
more than one hundred dollars; each DAY use
TO be 4 separate offence. e. 4 -
I'd. Tho said tunnel shall be built and con;
structed upon such location, grades. plans anu
specifications. and with such materials. ana IA
such manner. as shall be approved by salu Cult i
mittee from time to time before the same sha =
be used. Whenever any part OF sald tunnei Is
made or constructed in manner or WIN malo-
riais not approved by said commlttee the ehnue
shall, after notice from the Clty Engineer, 10
immediately remedied or removed, as may re
desired by said committee, and no other work
shall be done on said tunnel until such improp-
er work or material shall baye been removed or
remedied, according TO the decision oI sara
3D. The said company, according to the direc-
tons OF the said committee, ana under the su,
perYison OF the said Engineer shall repair ah9
shall replace, whenever IN the opinion OF salu
committee IT shall be practicable, all culVerts
and sewers drainage, wafer and gas pipes that
may be injured or lnterfered with IN the con,
struction Of the said tnnnei, and shall. AZ Az
times. keep the same ia proper order. Should
the Construction OF said tunnel, IN the opinion
OF said committee, render 1t impractlcaOle 10
continue the use or to replace any one or more
of the present cuiyerts or sewers, DRAINAGE
water or gas pipes OF the city that IN the opln-
ion of said committee are injured or lnteriereu
with by said tunnel, then the company is 70
make, lay and construct at Its own expense, an
other culvort or sewer, damage, water or gas
pipe. as the case may be. at such Location ana
grade, and in such manner and 81 such mate 1t.t
rials, as the said committee shall direct; III the
said company should fail, after two days no
tice, to comply with any one or more OF the pro-
visions Of this section, then the CITY Engineer
shall have the work done as set forth IN sald III
instructions or requirements, and the expense
thereof shall be debt against said company
recoverable as debts are now recoverable Dy the
An. All earth or other material taken from
said tunnel not required by sald raliIoau
In its construction, within the CITY I'M
it's shall be delivered by said com
pany, free OF ali charge against the
city. at such points as the said committee may
from time 70 time designate, at distance not
exceeding 3,00) feet
mel, or at any time thereafter during the ex-
istence of said tunnel, any caying-in should oc-
cur whereby in the opinion Of said committee,
the said Eighth street shall be in any wsy
damaged or rendered insecure, IT snau Dc the
duty OF the said company 10 Immediately pro-
coed to remedy and repair the same, ana 20
make said Eighth street, IN the opinion OF the
committee. safe and secure, or TO put the same
IN proper condition. $50
9Th. The said company shall az all times lndem-
Nifty and save harmless the said city from any
loss or damage suffered by reason OF any one
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
shah pay to the city any amount or amounts To-
covered against said city b. any judgment or
judgments given on account OF any such IN
juries.
9TH. The said tunnel shall at all times, whether
during ita construction or afterwards be
open TO inspection by the said committee and
SAID Engineer. And whenever. III the OPINION
of said committee, the said tunnel shall need
any change or repair. the said company shall
proceed without delay TO make such changes or
repairs as may be required by said committee.
Sth. The continuance OF the coDstrue-
ton of said tunnel shall be begun within
forty days from the approval OF this or
dinance by the Mayor. and the said com,
work until its completion with diligence
satisfactory TO the Committee on Streets
by and with the advice OF the City Engineer.
I he decisions OF said Committee on streets as
TO the manner in and the diligence with who D.
said work shall be prosecuted shall At ali times
be final and conclusive. Should the SAID coln,
pany al any time, when notified by thesaid
Committee on Streets that the work is not be-
ing pushed in manner and with diligence
satisfactory TO said Committee on Streets, iaii
within ten days from service OF such notlhca,
ton, to remove such ground OF complaint and
TO prosecute said work IN manner ana Win a
diligence satisfactory TO said COMMITTEE 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 DO completed within eighteen
months from said approval OF this ordinance,
| and. If not completed within said eighteen
months, the privilege to build said tunnel shall
| on. together with all materials used therein,
! shall thereupon become and bog the property of
| the said city, by and with the consent OF the
| said company, given and expressed by the com
| pany filing the bond or bonds required by the
! 18th section of this ordinance. Should the SAID
| company whom ordered by the said committee
| as above stated 20 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 more than fiye hundred dollars
[ nQh I4V Ia "a nd n Iva
| a separate offence.
| 9th. The said company, whenever the grades
and lines OF the streets between the northern
/ entrance 10 said tunnel and the northern
limits Of the city shall be ascertaIned over or
across which the said road shall pass and
! whenever so required 10 do by said committee,
| shall erect and maintain such bridges, arches.
walls and other structures, as the said COM
/ mittee may deem necessary TO allow such
| streets TO pass over said road.
| 10th. The srid company shall at all times
/ keep in good and complete repair on all streets
| Of the city over which any of the said COM
| pany's 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 and cutters over which said tracks
/ may pass. and conform at all tImos to the grade
| and paving Of such streets.
18th. Upon the failure OF the said company
| at any time 10 perform. 10 the satisfaction of
| the said committee, any one Of the con-
| ditions or requirements set forth IN sections
| D < O IN and u of this ordinance II shall he