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June 9th, 1953. <br /> <br /> (3) This service to become effective on July 1st, 1953, and shall continue on a trial <br />basis for a period of thirty days at which time changes may be made in the route and bus stops if found desirable, <br />~nd may be canceled by~birty days notice by either party. <br /> <br /> (Signed) J.N. Howard Carl C. Houghton,Jr. <br /> <br /> C. E Warren R. Irvine Smith. <br /> <br /> E. W. Lawrence <br /> Your Commitee also is happy re report that the representatives of the Elizabeth River <br />Tunnel Commission have agreed to present a contract to the Commission at their next regular meeting for approval <br />whereby the City of Portsmouth will receive an additional $500,000.00 from the ~ommission after the bonds have <br />been retired and-tbs City and County have received $2,000,000.00 each in accordance with previous contracts to re- <br />imburse the City for loss of taxable values and incidental cost of street amd traffic controls and damage to utili <br />ties to be sustained by the City." <br /> <br />On motion of Mr. Howard, the report of the Committee was adopted. <br /> <br />The.following reports from the City ~nager were read: <br /> <br /> 1st - "I submit the.attached agreement between the Elizabeth River Tunnel District acting <br />through the Elizabeth River Tunnel Commission and the City of Portsmouth. whereby the District will pay theCity of <br />Portsmouth $500,000.00 to reimburse~tbe C~ty for the loss of taxable values and incidental cost of street.and <br />traffic controls and damage to utilities sustained by the construction of the Tunnel. <br /> I recommend that the ~ayor be authorized and directed to execute the agreement and <br />that the City Clerk affix the City seal thereto and attest the same." <br /> <br />Agreement - <br /> <br /> "THIS AGREEMENT, Nade this day of May, 1953 by and between the <br />ELIZABETH RIVER TUNe'EL DISTRICT, acting by and through the ElizaDeth River <br />Tunnel Commission, the gove~rning body thereof, party of the first part, and <br />the CITY OF PORTSMOUTH, a municipal corporation and political subdivision of <br />the State of Virginia, by and through its City Council, party of the second <br />part. <br /> W I T NE S S E TH: <br /> <br />WHEREAS, it is the policy of the Elizabeth River Tuunel District (hereinafter <br />sometimes called'"District), created by Chapter 130 of the Acts of the General <br />Assemblyof Virginia of 1942, approved March 9{b, 194~, to protect the political <br />subdivisions embraced in the area composing Said District against any andall <br />financial loss or other detriment that such political subdivisions may suffer, <br />apart from the incalculable benefits that such and its citizenry may derive from <br />the construction and operation of said District's project, and; <br />WHEREAS, at a meeting of the Elizabeth River-Tunnel Commission held on the 10th <br />day of February, 1950, expressed in a resolution unanimously adopted (a copy of <br />which is attached hereto), it was the opinion of the Commission that the cities <br />of Norfolk and Portsmouth should be compensated relative to the loss of taxable <br />values by reason of the purchase or condemnation of real preperty in said cities, <br />thereto~ore privately owned, and also compensated for expense which said cities <br />will incur to maintain certain streets and regulate traffic incidental to the <br />District's project,.and.further expressing in said resolmtion that "to the extent <br />now or he~eafter aathorized by law, the Commission agrees to pay, without interest, <br />to the City of Norfolk and to the City of Portsmouth, pro-rata, in compensation <br />for the loss of taxable values and incidental costs of streets and traffic regula- <br />tion in said cities, the following: <br /> <br />(a) To the City of Portsmouth - $500,000.00 ........ ", and; <br /> <br />WHEREAS, by Chapter 490 of the Acts of the General Assembly of Virginia of 1952, it was <br />.provided that tolls upon said District's projects may be continued upon certain conditions, <br />among others "to acquire funds with which to reimburse the Cities of Portsmouth and Norfolk <br />for the loss of tastable values .and incidental costs of streets and traffic controls, and <br />damage to utilities to be sustained by said cities by reason of the construction of ~said <br />prQjeet to suchextent as may be mutually agreed upon", and; <br /> <br />WREREAS, by a certain trust indenture dated for convenience of reference as of the 1st <br />of February, 1950, by and between the Commission aud ~he National Bank of Commerce of <br />Norfolk, Norfolk, Virginia, Trustee, there have been issued Twenty-Three Million Dollars <br />($Z3,000,000.00) of revenue bends of the Elizabeth River Tunnel District due Febrnary 1, <br /> 1980, and hearing interest at the rate of Three and one-half per centum (3½%) per annum <br /> m%til payment of such principal sum, and with certain other and further provisions for <br /> the refinancing and/or call and redemption thereof as set forth in said trust indenture <br /> to which reference is hereby made, and a copy thereof being hereto attached and made a <br /> parr hereof, and; <br /> <br /> WtIEREAS, by two certain contracts dated May 1, 1950, said District did undertake ~o pay <br /> to the County of Norfolk .and to t the City of Portsmouth, respectively, without priority <br /> of one over the other, the sum of TwO ~lillion Dollars ($2~000~000.00), each, upon the <br /> terms and conditions as set forth in said contracts which are public documents, the con- <br /> rents of whi~ are known to the parties of this agreement, <br /> <br />NOW, THEREFOP~, in consideration of the premises and in furtherance of the policy of <br />the Elizabeth River Tunnel District, it is agreed: <br /> <br />1. That spbject and junior re its obligations and/or the refinancing of said bond <br />indebtedness, or the issuance of supplementary bonds under the terms of said trust <br />indenture, and subject to the payment/or the refinancing of the above recited obliga- <br />tions of NL~p i, 1950, to the City of Portsmouth and County of Norfolk, respectively, <br /> <br /> <br />