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November 9th, 1953-~
<br />
<br /> 8th - ~In order that we may continue our sewer work in the City~ I would
<br />appreciate the adopt!on of the folio.wing resolution:
<br />
<br /> ~RF~REAS~ it becomes necessa~ for the welfare of ~he
<br /> public.tha~ ~he CiGy of Por~smouth~g~ant one ~undred
<br /> twenty days extension and waive liouidated d~ages
<br /> under Section B, P~Jec~ VA 45-151~
<br /> W~AS, a change order has been reques~d from~e
<br /> Federal ~'orks A~ency, granting this extension and the
<br /> construction o f two suction lines from Griffin and Nelson
<br /> Streets,
<br /> BE IT ~SOLVED by the ~ouncil of the City of Portsmouth
<br /> tha~ one hunted twenty days extension o f time be grated
<br /> on this projac~.~ ~'
<br />
<br /> On motion of Mr. Hutc~ns, the said resolution was adopted.
<br /> ~ 9th - The Manager presented the following agreement:
<br />
<br /> ~THi~ AGR~MENT, ~de the of ,. 19~, between B.~ Barnes,
<br />trading as Go~uni~y ~iotor~Bus Company~~ party o~' vhe f'irs~ par~ and ~he City of portsmouth,
<br />a municipal corporation, of ~he State of Virginia~ par~y of the second par~.
<br /> W~AS, B.L. Barnes~ ~trading as Community Motor Bus Oo~pany~ operates
<br />a number of motor pas~eng$~Buses commonly known as "Comm~itM Buses", under certificates of
<br />Gecessity and convenience issued ~y ~ ~tate Corporation C~issi~n of Virginia~ from the
<br /> ity of Portsmouth to Roints~i~ ~e ~o~y of Nor~ol~ a~d l_e desires ~o. obt~in'~he, co~en~
<br />of the Council of the City cz ~or~smou~ ~o .operate ~ne ouses over certain Sbr~S tn
<br />City and to use parking areas in t~ing on ~d discharging passengers ~ud ~o obtain certain
<br />privileges for the furtherance of h~s business, ~ad to co~oensate the City of Portsmouth for
<br />the extra bu~ens placed upon it and for the loss of revenue in parking areas, and o the~ise:
<br /> NOW, T~REFORE~ THIS AG~EMENT ~ITNESSETH: That in consideration of the
<br />privileges he~i~ granted and ~e use of ~he streets i n said City and the parking ~eas set
<br />apart for the use of the par~y of the first part, the said party o f ~he first part ag~es
<br />the City of Portsmouth, as follows:
<br />
<br /> 1. That the consen~ of the Council of the City of Portsmouth, revocable
<br /> by it at ~.y time, ~s been given to B.L. ~rnes, trading as Community MotOr Bus Co~oanyand
<br /> h~s assigns ~ operate motor passenger buses as approved by a~e State Co~oration Commission
<br /> of Virginia over the s tree,s of the City of Portsmouth as shown on Schedule "A" attached
<br /> ~d mgde a part of an ordnance adopted by the Go~cil of the 0ity of Portsmouth on November,
<br /> 1943, ~d ~y ~en~ents hereafter ~ade thereto, and on the conditions set forth in sand or
<br /> dinance.
<br /> 2. The said B.L. Barnes or his assigns in the operation of the motor
<br /> ~assenger buses shall not take on o r carry any intra-city passengers.
<br />
<br /> 3- The motor passenger buses sh~ stop for the pu~ose of t~ing on
<br /> discharging passengers only at such s~opping points as may be designated by the City Manager
<br /> of the City of Portsmouth. The stopping points shall be desi~ated by signs approved by ~e
<br /> Cit~ ~ager and erected at the expe~e of B.L. B~nes or ~s &ssigns, a?nd no buses
<br /> be stopped a~ such points for a longer period of tim~ ~han is reasonably necessary for the
<br /> purpose of ta~ng on and discharging passengers.
<br />
<br /> $. 'The motor passenger buses shall not be opera,ed on any ~ute other
<br /> than those designated in Schedule ~A" of said ordnance and ~y~amen~ent thereto, except in
<br /> cases o f emergency ~ when otherwise directed by a p~lice officer, and in the carrying, of
<br /> passengers to ~d from the Navy Yard at the hours of oeginning ~d closing of work-in tme Na~
<br />
<br /> 5- The s~d B.L. Barnes, trading as Co,unity MotOr Bus Company, ~rees
<br /> to pay to ~e City of Portsmouth, beginning ~h May ~st, 19~3, an ~ount equs~l to'one per
<br /> cent of the gross revenues from the operation of s~d motor passenger buses, which payments
<br /> s~ll be due ~d payable monthly on the fifteenth ~15) day of each month on the ~oss reve-
<br /> nue for the preceding calendar month, and all said p~'ments shall be accompanied by a
<br /> statement of the ~ount of ~ch g ~ss revenue, sworn to by ~he o wrier of the motor passenger
<br /> buses er the perso~ keeping the books showing~ths gross revenue. ~l of the payments to be
<br /> made under t~s.agreemeht s~ll.be a lien upon &ny ~d ~l of ~he ve~cles and property of
<br /> the o~mer. Should ~y pa~en~ above mentioned no~ be made witch Shitty (30) days after the
<br /> s~e shall become due ~d payable, the C i~y Council may require the said B.L. Barnes or any
<br /> person operating the motor passenger buses under s~d Ordin~ce to cease tuning or operating
<br /> ~he vehicles upon the streets of the City or any par~ thereof. Should the same be operated
<br /> a~ter ~uch notice, the owner and persons operating the s~ shall be subject ~o a fine of not
<br /> less than Ten Dollars nor more ~han Five Hund~d Dollars for each ~ud every vehicle so oper-
<br /> ~ated,~d each day's operation of any such vehicle shall be a s~pa~ate offense.
<br /> The p~ment of the s~s made under s~d ordinance sha~ be in addi-
<br /> tion to any ~d all City license ~aXes lawfully levied. It is further stipulated tha~ such
<br /> p~ments shall not affect the liability of ~y owner or individual to general t~tion a~ the
<br /> ~a~e assessed on the p~perty of other persons within the City, which liability for general
<br /> ta~$ion is hereby e~ressly ~cognized and sh~ll continue during ~he ~hole period for which
<br /> s~d ordin~ce remains in force.
<br /> 6. The City o f ~or~mout~ expressly reserves t~e right to pass a~ any
<br /> ~me in"ad~tion~ ~o the provisions of' s~d ordnance, any and~j~l or~uces. ~eemed ~eces-
<br /> ~'~ ~t ~ th~ -~easonab!e exercise of its poli~e po~er, for ~e saze~y, wel~zre ~ con -
<br /> and for the regulation.and control of motor bus t~ans~?rtation, w~h~_~
<br /> ~he ~ity~ of- Po~ts~ ~ uth, ~d. _no comply or individual operating under sai~ or~.~nance, sna~_ ac
<br /> quire ~y ve~ted righ~ t~reunder in the s~ree~s of ~he City of Portsmouth or any vested
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