Minutes 08/15/1922 - Laserfiche WebLink

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August-15, 1922 viz: .~e~3~A~!~uing at the intersection of Court and County Streets, thence along County Avenue, s~d thence along Sixth Avemae to High ~treet, smd To remove x~s texas xrom a streets as and when the City of Portsmouth repaves ~ai~ streets or sooner, in whole or in ps.vt, if the said comply so desires. This abm~do~en~ to become effective when the connection on High Street, betwe~m High Street tr~cks ~d the ~ack on Sixth Ave~e, north of High Street, been mm~ mhd improved service put in Operation on this line. To mbmndon such portions of the Park View ~nd Cemetery ~d the ~=k View c~oss town line as ~e not necess~y ~te~ the consolidation of these ~o lin~s on ~Eh Stress ~d nor~ thereof hms been effected, ~nd im- proved service ln~=ated thereon, except such tracks no~use~ bM t~ mbove line,ms mm~ needed in the operm~ion of other om= service referred to l~te~ on. The rails from trmcks abmndomed to be removed ms ~d when the 9ity of Portsmouth repaves the said streets or soome:, in whole or i~ p~t, if the company so desires. To ~ban~ the service on the Navv Yard line and to ~b~ ~ ~-~ ~ '~ the plmm ~tlined herein, when Park View ~nd Cemetery mhd the cross to~ lines have been ~nsollSted mhd ~he com~ny hms~ in li~ of ~he.fifteen mi~u~e service mow bein~ O~ the ~os~ t~w~ line s~th of High st=set, ~ns~mte~ ~n ~nut~ servings 2pe~te~ ~p~th. ~o Middle. %o Oo~ntM~ to Orawforar to Mt~h Street. T~ ra~la ~f ~ of the Nmvy Tard line mb~doned ~d not to be used in con~ctio~ wi~ the ,~emderin~ of any c~ service under the~ined herei~ to be removed~m~d whe~ the Oitv o~ Portsmou~ =e~ve~ said mt~eeta, or sooner, in whole or i~t~ if e~ oomo~mv zo de~. To $~n so much o~ the cross town line t=mck South of High Street ms under th~ pl~ of development comt~p~mted will not be used ~y some other ~ &f se=vice, ~oh o become efSec~iK~ ~en m lint of cmrs is opermted from the High mnd Crawford s~eet loop ~onz~~ our~, to Wythe, ~o Fourth, to Key Road, to Third, to Llncotm, %o Fourth. ~vthe. ~o ~uth, ~o Middle. to Countv, to Crmwford. %o High. T~ =mils from s~eets which will no,longer be used in s~rvioe contemplated in this pl~ ~o be removed ms ~d when the City of Portsmouth repmves s~d s%ree%s or ~o~, in whole or in parS, if the said co,any so desires. tn th~ foregoing, as far as it is possible to do so, the changes have been indicated by underscoring. On page $, paragraph 2 (c),'it is suggested that this paragraph be changed to read as follows: 'When the' Oompany abandons ,service on any stree~ or a_r a~ortion of any street, aX1 exist rights of the company~to operate any system of tra~ta~ion-for passengers over the tions of the said streets so ab~doned are also abandonecL The additions are indicated by underscoring, but the words 'and future rights' have beem eliminated for the reason that the only rights the company now has are existing rights, and, of course, the City of Portsmouth does not desire the company to place itself in a positlcn where it cannot accept rights in the ~uture. Page 5,~parngraph 2 (d), respecting the removal of abandoned tracks from unimproved streets is agreeable to the company. On page 5, paragraph 2 (e), it is suggested that this paragraph be changed to read as follows: 'Rails i~ ~bandoned tracks on improved streets will either be removed, if in the judgment of the~~a~er their presence in the streets interferes with ~raffic, and pavement ~, or rails may be allowed to remain ul~til the pavement o% the s~eet is ~enewed b~ ry. Pen~ such renewal the comp~y will pay to the cit~ the oos~ of the upkeep of the pavemen~ between its ~ails and two feet on each side thereof, in so fa~ as such repots tO p~vemen~ ar~ incident to .~he existence of the ~mils, ms mmy ~e deci~d upo~ ~ethe Cit~ Mmn~ge~. In the event the street is reproved, the comply ~st imme~m~ely re~ve i~s rails- to avoid d~lmyi~ the pavement or md~ng to the cost of it. ~e work of r~o~ must be done to the smtlsfaction of the ~tty Mmnager a~ mt the expense of the company. ' Page~', paragraph (f), reading as follows: 'If at any tim~ in the opinion of the City Council the abandoned ~racks on improved streets impede traffic or in any w~ay interfere with the use of the stree~, then upon sixSy (60) d~ s written notice .by the'CounCil to the company, the said company shaAA remove ~he rails from sa~d streets smd restore, at its expense, the paving in a manner satisfactory ~o the City Manager. On page 6, paragraph 2 (f), it is required that the company compleCe all pavlngrequired ,by existi~anohises within six months f~o~ the dmte on which the ~rdtmance becomes effect- ive. ~There is also a provision in t~his paragraph that.this ~equi~ement sh~ll apply to mny other streets within the city limits which are now or may heres~fter be paved,~ on which the company operates tracks. The General Manager of the company requested the City Manage~ of Portsmouth for an inter- pretation Of this latter part of this provision and, under date of Angust ?th, 1~22, the City Manager interpreted it as: 'Intended to reqdire that you should pav~ portions of streets adjacent to your tracks when and as the city paved the streets on which ~hese tracks~e located, whether such paving was required by existing franchise or not.' The ~equirement that the street car company pave the street upon Wl~ch it operates, is