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August ~nd, 1922
<br />
<br /> (5) The rates to be charged for Wmter supplied in said territory are'to be the same as
<br />are now or may be hereafter fixed by the City of Portsmouth as applicable to consumers outside
<br />of the City limits, and all taps, service pipes, fixtures, etc., are to be made ~nd installed
<br />is accordance with the City Ordina~uoes.
<br />
<br /> (6) The said City of ~Portsmouth, on .its part, covenants and agrees that after said water
<br />mains sure so laid and after the compliance by the said parties of the second part with all the
<br />Terms of this contract that it will, as soon as the gross annual revenue from water supplied
<br />from the mains referred to in paragraphs one and four mmounts to 15% of the total cost of
<br />all material and labor for installing mains of six inches diameter or over, pay ~o the parties
<br />of the second pmrt collectively the cost of said mains, exclusive of interest; the cost of
<br />mains less than six inches in diameter will not be repaid by the City of Portsmouth.
<br />
<br />Witness the following signatures and
<br />
<br />CITY OF PORTSNOUTH,
<br />
<br />ATTEST:
<br />
<br />City Clerk.
<br />
<br />ATTEST:
<br />
<br />By~
<br />
<br />KAPPA CORPC~ATION
<br />
<br />Secretary
<br />
<br />ATTEST:
<br />
<br />WATERVI ~ CORPOBATION
<br />
<br />l~tho "TO THE HONOR. ABLE CITY COL~CIL,
<br />
<br /> Portsmouth, Va.
<br />
<br /> I sm enclosing herewith, as directed by you in meeting Of Augus~ 15th,
<br />1922, d~aft of reply to letter of the Va. Ry. & Power Co. dated August 8th, 1922, which,
<br />in my o~inion, is in accord with form~ aotio~of the Co, oil ms expressed in its ~esolution
<br />of Au~st 15th, 1~22, mhd also with the informml views of the m~jo~ity of the Co~cilmen
<br />in~oated on floo~ of the Council.
<br /> "Very respectf~ly yo~s,
<br />
<br />J. P. 'JERVEY, City Man-ger."
<br />
<br />The following is the
<br />
<br />"Virginia Ry. & Power
<br /> Richmond,
<br />
<br />enclosed letter:
<br />
<br /> Co.,
<br /> Va.
<br />
<br />"Portsmouth, Va., August-16, t9~2.
<br />
<br /> "Gent lem en: --
<br /> 1. The Council of the City of Portsmouth, Va., at a special me'tinE held
<br />at 8 P. M., August 15th, 19E2, carefully considered you~r reply dated August 8th, 1~22~ to
<br />solution of Council dated July l~th, 19~2, relative to the traction situation in the City of
<br />Portsmouth°
<br />
<br />After full consideration and discussion ~he Council passed the following resolution:
<br />
<br />~RESOLI~D by the C~unoil of the City ~f Portsmouth, Va., That
<br />it can no~ oonou~ in the answer of the Va. Ry. & Power Co.
<br />and ~e-a~firms its former position, especially those items
<br />re~tive 'to: 1st, 5~ ~.~re and competition beyond.7~; 2nd,
<br />right t0 m~ke schedules, 3rd, p~yir4~ for Pavement,
<br />regulation of jitneys."
<br />
<br /> 3- (a) Th~ Council can not relinquish its right, which it believes it possesses, ~o
<br />control fazes. In i~s*~opinion, a Well regulated monopoly ils one which is regulated ~$ the
<br />local governing body in ~he interest of the community and not by a superior judicial body
<br />over which the citizens cf the 0ommunity interested have no oon~rol and which c~n no~ of
<br />necessity have the close insight into local needs and conditions essential to proper rzgu-
<br />l~tlon~ The proposition as to the year's try-ou~ of the £i~e cent fare after completi0~o
<br />of improvements and inauguration.of improved service was advanced by you mhd the Council sees
<br />no sufficient reason no change its a~titude relative to the matter.
<br />
<br /> Further, the Council can not give up its right to establish competitive memns Of
<br />~ransportmtion in case the fare on the street railway system is increased beyond the 7~ fare.
<br />
<br /> It is in~edible that any future Council would not give due consideration to economic
<br />conditions existing at the time. The present Council is, howeve=~ willing to insert the
<br />following proviso in its original resolution:
<br />
<br /> ~Unless in the opinionoof the Council, as determined by a o~reful
<br /> ~nd thorough investigation by it, e¢onomlo conditions are found
<br /> to be such ms tO warrant such an increase.'
<br />(b) The Council must also insist upon its right to establish basra schedntes, which
<br />shall p~escribe maximum time interv~ls between ca.rs or trollibueses on ~he several routes. It
<br />
<br />
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