Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-10-10

shall upon notification from the said
Engineer make good to the satisfac-
ton of the owners of any ~'"es which
may be damaged by 1t any damage to
said pipes done by it or it's workmen and
should the said American Telephone
and Telegraph Company OF Virginia. its
successors or assigns. refuse at any
time to obey the directions OF the said
City Engineer in the premises and fail
to make good any damage whatsoever
TO gas. water. sewer or other pipes or
to relay the pavementS of the City to
the satisfaction of the City Engineer.
then the American Telephone and Tele-
graph Company of Virginia, it's sue
CeSsorS or assigns, shall pa fine TO
the City of Norfolk of 500 per day for
each and every days delay in carry
ing out said order after reasonable
notification thereof. to be recovered by
law, and should the American Tele-
phone and Telegraph Company of Vir-
ginia, its successors or assigns at the
expiration of ten days from the termin-
alton of such reasonable notice Still fail
to carry out the directions of the City
Engineer, then the said Engineer is
hereby authorized and empowered TO
have the said damage repaired at the
expense and cost of the American Tele-
phone and Telegraph Company of Nir-
GINA, its successors or assigns. and
should they fail to pay the expenses
and cost of said work promptly upon
the bills therefor being presented. then
the franchise herein granted to the
American Telephone and Telegraph
Company of Virginia. it's successors or
assigns, shall ut once cease and deter
mine. IL so ordered by the City Coun-
ellis; provided, however. that if the
failure to carry out any directions from
the City Engineer as provided in this
section shall be found to have been I'M
avoidable. then the said fine of s100 per
day for such days of unaVcida BILE delay
shall be RENTED and the said American
Telephone and Telegraph Company Of
Virginia, its successors or assigns, shall,
within sixty days from the passage OF
this ordinance, enter into Il bond paya-
bic to the City of Norfolk in penalty
of Ten Thousand Dollars with security
satisfactory to the Councils of the said
City. conditioned to indemnify the said
city against any damage or loss that
may result in any way from the pro-
secution of said Company's work,
whether to gas, water. sewer or other
pipes, buildings or individuals or any
other damage to property or persons,
ana for the prompt restoration and re-
pair OF all streets and pavements in
any way disturbed by II. but the taking
of such bond of Ten Thousand Dollars
by the said City shall not be construed
as limiting to this amount the liability
Of the said American Telephone and
Telegraph Company of Virginia, its
successors or assigns, for any damage
from the prosecution of its work as
aforesaid. and the American Telephone
and Telegraph Company of Virginia,
its successors or assigns, shall upon
notification by the City Engineer that
he intends to repair or lay sewer or
water pipes at once proceed to remove
any subways that may interfere with
the progress of the work. or else pro-
tect the same at its own expense and
without cost to the City.
SECTION 5. All work under this Or
dinance shall be under the control and
direction of the Board of Electrical
Control and in compliance with the Or
dinanceS OF the City of Norfolk
Section 6. This Ordinance is subject
to the further condition that the said
American Telephone and Telegraph
Company of Virginia, SHALL within
sixty days from the passage of this
Ordinance and before the same shall
take effect, make and enter into n
bond in a penalty of Fifty Thousand
Dollars. with security satisfactory to
the Councils of the City OF Norfolk,
and payable TO the said City with con-
dition to indemnify and save harmless
the said City from any and all damage
or damages for which the City may be-
come liable to the Southern States
Telephone Company, Its successors or
assigns, by reason of the passage of
this Ordinance of any section thereof
in consequence OF the same being in
conflict with the Ordinance entitled,
An ordinance granting permission to
w. X. Brown and j. n. Kelvin and
Associates TO erect, maintain and con-
duct under certain streets subways or
conduitS, pipes or continuous ducts of
metal. stone or other durable material
and to conduct within the same wires
Tor certain electrical business, and TO
do telephone business" adopted by
the Common Council August 9th, 1895,
ana by the Select Council August 18th.
1898; provided, however, that the CITY
of Norfolk shall notify the American
Telephone and Telegraph Company If
virginia, Its successors or assigns of
any suit or action which may be
broAsht by the Southern States Tele-
phone Company, its successors or as
signs, against the said City for the
Causes aforesaid and permit the said
American Telephone and Telegraph
Company of Virginia. its successors or
assigns. to join with said City in de-
Tense thereof.
SECTION Z. The privileges conferred
by this Ordinance are granted uDon
the condition that the local service. If
established and maintained shall be
iirSt-caSS and satisfactory in every re-
spect to the Councils of the City. and
that the long distance service shall be
equal in price and efficiency and all
other respects to the long distance SER
vice furnished other Cities of the
United States of about the same popu-
lation as the City of Norfolk, otherwise
the rights granted herein shall cease
and determine.
SECTION S. Nothing contained in
this Ordinance shall be construed as
granting to the American Telephone
and Telegraph Company Of Virginia.
its successors or assigns. any exclusive
right or rights or as preventing the
granting of similar privileges to other
inliNiInalS IL ninG 70