An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1915 |
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Law Number | 10 |
Subjects |
Law Body
Chap. 10.—An ACT authorizing the construction of a viaduct across James
river at Lynchburg, together with the approaches, inclines and other
appurtenances thereto, and the closing of the present bridge across James
river at the foot of Ninth street, in the city of Lynchburg, and the sale
of the present bridge with all its appurtenances and all the property
acquired therewith, and now owned by the city of Lynchburg and the
county of Ambherst, under an act of the general assembly approved
January 14, 1882. (S. B. 28)
Approved February 2, 1915.
1. Be it enacted by the general assembly of Virginia, That the city
of Lynchburg, the county of Amherst, the Norfolk and Western Railway
Company the Chesapeake and Ohio Railway Company, and the Southern
Railway Company are authorized and empowered to construct and main-
tain a reinforced concrete viaduct from the intersection of Commerce
and Seventh streets in the city of Lynchburg over Orange street to the
north side of James river, in Amherst county, together with the ap-
proaches, inclines and other appurtenances substantially in accordance
with the plans prepared by Joseph E. Crawford, chief engineer of the
Norfolk and Western Railway Company, and accepted and agreed on by
the said city, county and railway companies, with such modifications and
changes of said plans as may be agreed on by the said parties; the work
of construction is to be done by said railway companies with such con-
tributions and assistance from the city and county as are herein pro-
vided for; the paving is to be done in accordance with the present paving
specifications of the city; the work on said viaduct shall begin not later
than December thirty-one, nineteen hundred and fifteen, or, if the
necessary legislation shall not have been then secured by the city and
county enabling them to do the things that they herein contract to do,
then within two months after such legislation has been secured and be-
come effective.
2. The said viaduct is to be constructed for an ordinary highway
bridge, in accordance with such plans and specifications, or in accord-
ance with such alterations and modifications thereof as may be agreed
on. If, however, the Lynchburg Traction and Light Company should
desire to use said bridge, the said plans may, by mutual consent, be
changed so as to meet its requirements, but in this event the Lynchburg
Traction and Light Company is to pay at least the amount of the ad-
ditional cost made necessary by such change, and shall bear the entire
cost of laying its tracks and the paving between its tracks and for eigh-
teen (18) inches on either side thereof, and at its expense shal] maintain
said track and paving.
3. The city of Lynchburg is authorized to make the following contri-
butions towards the construction of the said viaduct, its approaches,
inclines and other appurtenances:
(a) To furnish all land for the approaches on both sides of the
river.
(b) To pay all damages to property, but nothing is to be paid to
the said railway companies or any of them on account of the occupation
of or injuries to their property or rights of way by reason of the con-
struction or maintenance of said viaduct, its approaches, inclines or
appurtenances.
(c) To pay to the said railway companies the sum fifty thousand
dollars, one-half when the work has been half completed, and the other
half when the work has been completed and accepted by the city.
The county of Amherst is authorized to expend a sum not exceeding
ten thousand dollars in raising the present road near the Amherst end
of the viaduct, and in constructing the approaches to said viaduct on the
Amherst side, and is further authorized to condemn or acquire by pur-
chase any iand that may be necessary for the Amherst landing or ap-
proaches, but the amount to be expended by said county for all these
purposes shall not exceed the sum of ten thousand dollars, and any
amount in excess of this sum is to be paid by the city of Lynchburg.
The city is authorized also when said viaduct, its inclines and appur-
tenances have been accepted by the city and thrown open to travel, to
close the grade crossings now existing at Ninth street over the Chesa-
peake and Ohio and the Norfolk and Western Railway at Jefferson street
over the Southern Railway and the Norfolk and Western Railway, and at
Cabell sireet over the Southern Railway.
The said railway companies, their successors and assigns and the said
county of Amherst shall not in any event be liable for the maintenance
of the viaduct or its approaches, inclines, appurtenances or pavements
after completion, but the city shall maintain the same; but this pro-
vision shall not prevent the Lynchburg Traction and Light Company
from being required to maintain a portion thereof in the event it should
make use of the said structure as hereinbefore provided.
4. The city of Lynchburg is to have the right at its expense to be
represented by an inspector on the work and by a commission or com-
mittee to be selected by the council in the construction of said structure.
The said railway companies are to construct the said work, except as
mentioned above, at their joint expense, and are hereafter to divide their
part of the cost thereof, including any claim for injuries, which may
result {rom accident during this construction, on an equitable basis, and
if such basis cannot be reached by mutual agreement, it may be deter-
mined by atbitration.
5. After said viaduct has been completed in the manner above speci-
fied and all the covenants herein contained have been performed and the
street crossings as above. recited have been lawfully closed, then said
viaduct, its approaches and appurtenances shall be and remain the prop-
erty of the city of Lynchburg, and the said railway companies, their
successors and assigns shall grant to said city a perpetual easement to
rest the supports of the same upon their lands, after said supports have
been located and constructed, with the right to said city to have suitable
access to the same for purposes of maintenance and repair.
6. After the said viaduct has been completed and thrown open to
travel the present bridge at the foot of Ninth street shall no longer be
a street or public highway, and the said city of Lynchburg and county of
Aroherst are suthorized and empowered to sell said bridge, its abutments,
piers and appurtenances, and the property of all descriptions now be-
longing to said city and county acquired oy them in pursuance of the
act of January fourteenth, eighteen eighty two, and to divide the proceeds
of such sales equally between them.
7%. An emergency existing, inasmuch as the present bridge at the foot
of Ninth street is becoming dangerous for travel, this act shall be in
force from its passage.