Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-04

section Z. In case any recovery is had
against the said city OF Norfolk. by
reason. OIL any defect or want OF repair
caused or permitted by said company
OF that part of any street, highway or
bridge occupied by its tracks. caused
by said corporation. its lessees or as
signs, or other agents or EMPLOYEES.
SAID corporation, its lessees or assigns
shall be liable TO said city for any sums
recovered against II, together with all
costs and reasonable expenditures in
Cured in the defense Of any suit or
suits. in which recovery is had by rem
son of such defect OF want of rcpair;
provided the said corporation. It's
lessees or assigns, had reasonable no.
tice of such suit of suits and an OPP
portunity TO assume the defense there
OF; and provided further. that such de-
rect or want OF repair was not caused
by said city. its agents or servants.
in the discharge OF their duties.
Section s. If the said company vol
unfairly disconinues the use of any
part of its tracks FOR six months the
street or highways occupied Nv the
same shall. ugon the order OF the
Councils OF the city OF Norfolk. forth
with. at the expense OF said company.
be cleared OF said tracks and put in as
good condition for the public travel as
| they We're i'm Immediately before being
SO occupied.
Section 9. The city reserves tho right
from time TO time to impose ana col
| lect such taxes, levies. assessments
and charges, rs it has the right to
grant and makes no guarantee Whatso-
ever to said company with reference to
said streets.
Section TO- That the said city of Nor
folk. In granting permission to use the
| streets above granted. only grants s,ich
| permission as it has the right to Grant.
ana makes no guarantee whatsoever to
! said company With reference TO said
| streets.
Section II. Il, In tho opinion Of the
| Select and Common Councils OF said
| clay. the convenience Of the uublic will
be promoted thereby the Chesapeake
| Iranit Company shall allow the cars
OF any other company that may here
| after operate railroads along tho
| streets of said city TO run upon it's
| tracks, which are laid on any street.
upon the payment of such sum Of
| money annually as may he agreed
upon by said companies. or in the nb-
sence of said agreement. upon the pay
ment annually of such sum as NAV he
determined by a majority Of three dis
| interested experts, 10 lie chosen as fol-
lows: One by each company. or in the
| event of The failure of either company
to appoint such expert. the Judge OF the
| corporation court of the city Of Nor
| folk shall. on the application of an
| piying companies. appoint such OK
pertS. and the third by TIE exports so
chosen. which payment shall be secur-
ed in manner satisfactory TO the said
| Chesapeake Transit Company. or as
may he determined by n majority OF
said EXPERTS; provided that the said
Chesapeake Transit COMPANY shall
have like privilege to use the tracks
of such other companies end the en-
loyment by any company Of the privi-
ieSeS hereby conferred, shall of itself
operate as a release Of any exclusive
franchise held by said company to the
extent OF this provision.
Section u. In the exercise OF the
rights and the privileges granted under
section g. of this ordinance It is here
by declared ana specially provided
that the richts-or-waY over, ANA the
use OF such OF the streets or the city
| of Norfolk as therein named arc
granted only and solely for the purpose
| OF n passenger street railway aud not
for tho purpose OF hauling freishts
! over the streets Of the said city. and
| the hauling of freights by said COM
| pany over any said streets shall be n
violation of the provision of this ordi-
nance. and shall subject said COMPANY
| to fine of not less than $25, nor more
| than $50 for each freight car of said
company hauling freights in said
streets, or either ~ them. and for each
| and every violation OF the provision OF
this section, which fines shall be re-
| coVerahle 10y proper legal proceedings
in the name OF the city
Section Is. Whenever the tracks Of
said company are laid In faulty or
improper manner so as to Interfere
with or obstruct the proper use of the
streets. and in case of dispute are so
decided Ia he by the corporation court
OF the city of Norfolk, the decision of
which court shall be final then the
said company shall under the direction
and supervision ot the city engineer
within 4 reasonable time after rlceiv-
ing due notice Thereon, SO alter the
work as to remedy such faulty ana i'm
proper construction: and. upon the fail
ure of said company TO comply With
such requirements OF the Cit engineer
after due notice rs aforesaid, it shall
be the duty of the city engineer to have
such work done, ;tfst'-ti1c expense there
of shall be paid hy the said company:
and. IL the same shall he disputed or
remain unpaid for the space of thirty
days, may he recovered from said com
pany by legal proceedings In the name
of the city.
Section n. All fines imrosed by this
ordinance shall be recoverable as other
| city fines are now recoverable.
Section u. Tho use by the Chesa-
peakc Transit Company Of the streets
hereinbefore named or any of them
shall be considered an acceptance by
the said company Of all the provisions
| herenbefora set forth
Section lG. That this ordinance shall
| not be in force untl and after the
! board of directors Of said Chesapeake
| Transit Company have accepted the
terms and provisions OF Che same, and
shall have sent certified COPY OF their
/ resolutions of acceptance 10 the coun-
| ellis of the city OF Norfolk ana shall