Minutes 09/28/1926 - Laserfiche WebLink

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September 28, 1~26 of property owners required by the ordioanoe aoprove the project, it will be necessary for %he City to gi~ assent to the construction. ' As there are se~eral business places on Wythe St. including two filling stations, it has more or le~ss the c~a~acter of a business street and I therefore re¢o~mend that the City give its assent as a property owner and also formal approval of the si~e., _ On motion of Dr. Dunford, ~he recommendation of the .Manager was concurred in. The following ordinance, which had been placed on first reading September l~t~n, was t~ken up and rea~l: An 0rdl~ame~ R ~quirmng Corpora~tion~, ~ Firms o~~ !ndivid~al~ Renting, Hiring-or Permitting .t~e Use of Mo~tor Oars by %he Nbu~oor~by~ the Nile ~o See .~hat ~th~e Pe~Son~ to Whom~.~ S~ch~x~Ce~v ;. is R~nted,~ Eired~or Lent has a Satisfactory Driver ~s Permit and is not Under the ~n- fluenee of Intoxicating Liquor. On motion of Mr. ~hi~te, the privilege of the floor was granted to any one presmnt who de4ired to spes~k a's to the ordinance. Messrs. Anizer ~ud Levinson sp~ke ~g~inst the passage of such an ordinance.~ On motion of Mr. White, the ordim~use was ordered to lay on the table. from the E~nager, ' this me.e~ting, The following communitation~ which h~d been placed on ~e table '~nt~was ~aken up read: . . ~i am forwarding herewith a proposed contract with the Seaboard Air Line Railway permit- ting the use as a street o~f their right of way on ELm Ave, between the south side of High St. and the north side of Eing ~t~ The City Attorney h~s examined this contract and finds to be drawn in proper form. CouncilItbeiSauthorizedre°°mmendedto thatsignitit.be,, approved by the 0ouncil and that the proper Officer of the THIS' AGREEMENT · Made th' ' ~zty oz Portsmouth. a m=zczp~l co~oratzon of the ~t~te of r c~lied ~y,. ~d the Licensee;, ~ ~ Virgi~, hereinafter c~zZe~ WiTNESSETH, That the parties hereto, for s~ud in consideration of their mutual covenants and agreements herein set forth, have co,repented and agreed as follows: I. The Railway hereby grants to the Licensee the right or license to locate and continme upon and across the ~ property and tracks of ~he' Railway at the present grade thereof a continu- ation of Elm Avenue (formerly Cooke Street), in the City of Portsmouth, Vi~rginia, ex~ending from the mouth line of High Street to the ~orth line of Ki~ Street, and of a width not great- er th~u the present width of said Elm Avenue north of High Street and south of King Street. 2. The Licensee wilm at its own expense construct and m~intain the said street ~xtensio~, at sush times ~nd in such manner as not to interfere with the t-~cks of the Railway, or its opera,ion thereo~; and agrees not to obstruct or interfere, or permit others to obsmruct or interfere with the operatio~ or maintenance of the Railway~s tracks within said granted spate. RT~h~lwL~e~e~n~e~e.f~+he~r~a~ees ,that n_o.assessme~nt or levy Wi±l at any time be made against the ~. The ~ai±way reserves the'right to m~intain and operate, upon the said granted space, its present or future tracks, ~nd the further right, from time to time, to take up any portion of s~¢h tracks and hereafter to bui±d, mslntain .and operate any addition~i tracks reasonably ~nece~Sa.~y in the conduct of its business within the said space; but ~rees ~azn standing atrgss ~id street sO as to obstruct the passage ~ the not to allow ears ...... . __ public th_rough said $. The license herein gi~enm~y be terminated by the Railway upon thirty d~ys notice in writing to the Licensee, and upon the expiration of $~eh~tioe the Licensee will abandon the use of the property hereinabove mentioned and surrender mp nossession thereof to the Raj±way. - iN TESTIM0~WP~REOF, Witness the following sign~tures and seals the day and year first above written. Attest: Assistant Secretary. ~itnesses: SEABOARD AIR LINE RAILWAY 00MPANY, By Vice-President. Attest: CITY OF PORTSMOUTH, By Witnesses: