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265
<br />
<br />Dece~ber 27, 1923
<br />
<br /> CITY O~ RiCHMOnd), ~ECE~BF~R 14, 192S.
<br />
<br />In the ~-ttsr of request of Virginia Railway ~nd Power Co-~pany
<br />for relief from certain p~ving and re-paving obligations ~-
<br />posed upon it by fr~nchise~ of the City of Pertsmou~.
<br />
<br /> The Commission having m~turely considered the petitisn of Virginia Rai~ay and Power
<br />Company for relief from certain obli~tions imposed upon i~ by franchises gr~nted to it and
<br />its predecessors by the City of Portsmouth, requiring said c~pany to bear the entire cost
<br />of paving and re-paving between the rails of its tracks ~ud two feet on each side thereof;
<br />and having also maturely considered the demurrer filed by the City o$ Portsmouth to the said
<br />petition~ a~3d the Commission being of opinion, for reasons stated in writing aud filed with
<br />the record in this case, that the said petition is sufficient in law:
<br />
<br /> IT IS 0RIPPED, that the demurrer of the CiTy of Portsmouth filed ~herein be, and the sa~e
<br />is hereby, overruled.
<br />
<br />True copy:
<br /> Tests:
<br /> R. T. ~ilson,
<br /> 01erk of the
<br />
<br />State Corporation Cormmission."
<br />
<br />"C03~i~0~ASTH 0F VIRGINIA
<br />
<br />DEP~T~NT OF TEE ST_~TE CORPORATi0N~COI~ISSION
<br />
<br />CITY OF RIC~0ED, December 14, 1923~
<br />
<br />In the rm~tter of request ef Virginia Railway ~md Power
<br />Co~ny for relief free certain paving and re-paving
<br />obligations imoosed upon it by franchises of the City
<br />ef Portsmouth.-
<br />
<br /> The Commission having maturely considered the testimony taken in ~his case at the hearing
<br />held in its courtroom at Richmond, Virginia, on the 9th day of 0ctsber, 1923, and the evidence
<br />introduced at the said he,ring and the notes ~f argument of counsel filed in suDDort of their
<br />respective contentio~s, for reasons ~tated. intthe written opinion delivered~ thin'da_ y and
<br />filed with the record in this case.
<br />
<br /> IT IS 0B~w~D, that the Virginia Railway and Power Company, until the further order of
<br />this Commission, be, and it hereby is, relieved from the duty of paving between the rails of
<br />its tracks ~d tw~ feet on each side thereof of the streets of the C~j of Portsmouth required
<br />sf it ~y the resolution'of the City Council ef the said City ef PorSsmouth ~dopted July 10,
<br />1925,with respect te the follswing streets and portions of streets in the.said City of Ports-
<br />~outho that is to &~a~'~'.
<br />
<br />Third~ between Lincoln ~ud Henry, Henry between Third and_
<br />~Folzvth, "B," between Hatton and ~Tebster, ~ebster, between
<br />"B~ and Ann, H~tton, between London and Glasgow, Par~, be-
<br />tween Villa and ~aval.
<br />
<br />and also from the paving directed by the City~nsger of the City of Portsmouth ~nd the Action
<br />o~ the City Council~of the 2~th day o~ ~uly, 192~, th~ is to s~y, the paving of the right of
<br />way on High ~reet m~r a~width of twenty feet from Chestnut Street westw~rdly to City Limits
<br />near ~inth Avenue~
<br />
<br />the
<br />of the Portsmouth~ilv~s~- Division of the
<br />~a~ing of ~pendit~res for such pu-~poses.
<br /> ~ T_~ae Copy
<br /> Teste:
<br /> R. T. ~i~so~,
<br /> Clerk of the State Corporation
<br />
<br /> This order is m~de subject, however, to the further order of this Commission to require
<br />said paving or any p~t of it to b~ done should it ~opear at any time that the earnings
<br /> said Virginia P~il~ay and Po~er Company justify the
<br />
<br />Commission."
<br />
<br /> ~. V~hite moved that the recommendation of the City Attorney be concurred in, and t~h~t
<br />the cases be appealed ms set forth in his co~unicatien, and that the City Eanager be authorized
<br />to employ such assistance as may be~ deemed necessary.
<br /> The motion was adopted, and by the following vote:
<br />
<br />AYres-- BroOks, ~utc~in~, 0~st, Smith~ Stewart (J.R.)~
<br /> ~tew~rt ~R.E B.), ~hite, ?.
<br />
<br />mEW BUSIl~ESS
<br />
<br /> A communication v~s read from~the H~rrison ~ard Civic & Improvement League for..~rding
<br />petition from certain citizens that the Eavy ¥~rd Bus Line be extended to Chestnut Street and
<br />Shell LWoad.
<br /> ~0n notion, the co~unication was referred to the City~nager.
<br />
<br /> An invitation ~as rea~ frem Alice A. Nicholson, Secretary of the Porbsmouth and Norfolk
<br />County Woodrow-~ilsonASsoci~tion, requesting the Council to attend ~ meeting of s~id Association
<br />to be held in the Hotel monroe on December 28th, at il:S0 a. m., to coz~emorate ~odrow Wilse~
<br />
<br />
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