Minutes 04/23/1957 - Laserfiche WebLink

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April 23~d, 1957. :Portsmouth Representative~ in the Legislature, with reference to protecting the centracts of the City of Po~ts- mouth with the Elizabeth River Tunnel CommuLssion for $2,5~0,000.00 and ~qual division of excess revenues between the two Port Commissions, was adopted. The following letter from Inez D.. (Nits. B.W.) Baker was read: "Through the local press recently there has been mention made of the fact that the Elizabeth River Tunnel Commission, the Norfolk Port~ Authority and the Portsmouth Port Com~uission are in the pro - cess of being merged into one body. It has also been said that legislation would be needed to make this possible. Since I am a candidate for a seat in the House of Delegates of the General Assembly, I wish To state publicly ~o~you gentlemen that if elected, I will oppose any legislation that will allow for the joining of the three groups. My reason for this being that I do not believe that the citizens of the City of Portsmouth are in favor of such actionbecause this could be the first step toward the merger of the two cities which Norfolk has long advocated. However, I do favor, and if elected, will propose necessary legislation to provide for excess tunnel revenues being equally distributed to the two port cormmissi~ns to be used for the purpose of port promotion. The~resolationwhich is being presented to you for adoption bY members of the Ports- mouth Port Commission, the Portsmouth Chamber of Commerce and the Norfolk Port Authority is worthy of your careful consideration, and if adopted, should he amended to allow for the fact that the two por~ bodies will rema~ separate and that equal distribution~ of funds will be allocated to the said two bodies." 57-153 - ~rIt is in order to consider a letter from the Portsmouth Transit Company, a copy of which you have in your files.~ "In line with our conference with the members of your Honorable Council last evening, we are further ~ringing to your attention the situation which recent investigations by our Company have revealed in regard 'to Club E~s operations in the City which we believe are clearly u~lawful and and seriously detrimental to the interests Qf our Company and to the City. We find that there are.presently nine operators of Club Buses in the City of Portsmouth who have been regularly operating for a long time in ~i~lation~ef Cha~ter 16 ~f the Code of the City of Portsmouth~ Virginia, 1951, as amended, and more particularly Section iS-l, w~ch specifi6ally declares it to he "unlawful for any person fo operate,., or cause to be operated over the streets of the City, any motor vas for the transpor- tatio~ of passangers for'hire from one p~int within the City to another p~in~ ~ithin the City, without' having firs~ obtained the consent of the Council of the C~ty for the operation thereof . These passemgers are being p~cked up I on regular routes in tl~ City and taken to the Naval Shipyard where they work and then the buses are operated on t return tr~ps taking these passengers to regula~ discharge points near their hQmes. As the members of the Council know, our Company holds the Certificate under Chapter 16 of the Code of the City of Portsmouth for the operation of its bus system throughout the City and under Section 16-17 it is provided that should the City, without the consent of any company operating hereunder, iasuelicense for or authorize the operation of any other motor buses or other motor vehicles in like service for the transpor- tation of passengers for hire, except as provided for under the terms and condlitioms of the Code provisions, then the Company or individual, upon written notice To the City of its objection thereto shall have the right to cease paying the 'gross receipts tax provided by the Ordinance. The City has not granied any permits or license for the shove operation, and we are satisfied that City Council would not do so in th~ ,light of the prov%sions above men - tioned. Apparently these ~perarors believe that thei~ operations are covered hy an Employee Hauling Permit ~ssued by the State Corporation Commission of Virginia. We ~are satisfied that the Commission does not have jurisdiction ever and can not, as a matter of law, authorize the transportation of such passengers within the corporate limi{es Of the City of Portsmouth asd, therefore, these operations are unlawful. We are advised by our Counsel that the proper procedure to adopt, with s view to re - quiring these operators to cease such operations within the qity limits, is for the City of Portsmouth firs~ to give notice to these operators that they must discontinue their operations and if such operations are not imme- diately discontinued, then a Declaratory Judgmen~ Proceeding should b9 instituted in the Hustings Court of the Cit' of Portsmouth in the name of the City of Portsmouth, in which the rights of the parties will be determined and an injunction will he requested against these bus operators. These nine operators are as follows: Eddie Cox, trading as Eddie Cox Bus Service, 358 Carver Avenue, Portsmouth, Va. Russell H. Emig, 13O Bruce Avenue, Portsmouth, Virginia Welton Gaines, R.F.D. No. l, Box l?6-C, Portsmouth, Virginia. wmmett G. Hanhury, trading as Hanbury's Bus Line, ~ou'te 2, Box 135, Portsmouth,Va. Kenneth W. ~arrelI, Jr., 3507 Forrest ~ourt, Portsmouth, Va. George L. H~ffman, 52 Bolling Road, Portsmouth, Va. Lester L. Newsome, 19 DeKalb Avenue, Portsmouth, Va. James A. Radford, 173 Hill Ave., Port~mouth, Va. Talmad~e B. Wade, trading as Wade Transportation, 6 E. Lewis Road, Hampton, Va. We are confirming our request o£ I~s~ evening tkat the City give notice To these oper~ stets requiring them to, discontinue picking up and di~chargin~ intracity passe~gers immedistely and advising them that, if this request is not qomplied with, theCity will proceed to take appropriate legal action for bringing un end such unlawful operation. We are inclosing herewith a suggested form of :such notice, and, as To any of these op- erators who do mot promptly sightly their willingness to comply, we confirm our request that the City direct the City Attorney to institute appropriate legal proceeding wi~h a view te putting an end to these unlawful operations Our Company will intervene in the proposed proceedings and we will he pleased to co-epera~e in every way with the City Attorney and other City officials in preparation of the necessary legal papers and presentation of the case before the Court. - signed W.~. Womach, Vice President and General ~anager." Motion of Mr. Baker 1>o suspend the rules to hear from interested parties,was ado. pred. Gordon Marsh, represeziing the Employees Transport Association, requested that nm tion be taken at this tim~ and. that he he given a chance to he heard a~ a late~ date. ~Ir. Womaok of the Portsmouth Transit Company, requested the Council to take action on Motion of ~r. Smith to lay on the table, was adopted.