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September 27th, 1955.
<br />
<br /> "THIS CONTRACT made as of the 27th day of September, 1955, between Nans~mond County,
<br />a body politic of the State of Virgir~ia, acting by and through itsBoard of Supe~rvisors (herein culled the County)i,
<br />and the City of Po~tsmouth~ a mmmicipal corporation of the Stute of Virginia (herein called the City),
<br /> g~HEREAS, the City is entering into a contract with the Nestle Company, Inc. (herein
<br />calleqtNe~tle), pursuant to which, upon certain conditions, the City will construct a new watermain (as defined
<br />in such contract), at a cost te be determined in accordance with such contract, from a point 'Aear the City limits
<br />of the City of Eazffolk to the proposed plant site of Nestle some 3-1/2 miles northeast of Suffolk in the County,
<br />such water main to provide water service for Nestle and also to be available for water service to other co~smaers
<br />in the County, and particularly to be available to provide fire hydrant service for the County; and
<br /> !gflEREAS, one of the conditions o~ the contract between Nestle and the City is that
<br />the County will agree to.furnish the necessary rights cfi way and easements for the construction and maintenance
<br />of the water main; und
<br /> WHEREAS, the County will be~efit from such water main by increased tire protection
<br />for its inhabitants, by the provision of water service for such inhabilants, and~ to the extent that the exlstence~
<br />of such water main induces Nestle to locate its plant at such proposed plant site, the County will al'so benefit
<br />from increased taxable values;
<br /> NOW, THEREFORE, in consideratign of the prom&see and o~ the promises of the parties
<br />herein contain~, it ii agreed as follows:
<br /> 1. The City agrees tlmt after all necessury rights of way have been furninhed to
<br />it a~d Nestle has entered into a contract with the Coty to pay a standby charge for water in an amount that will
<br />amortize the cost of the water main in 20 years, and J aa s, wiShin three years from the date hereof, notified the
<br />City to proceed with such constructi~, it will construct a twelve inch cast ir~n, mechanical joint, enamelined,
<br />water main from its distribution system ~ or near the City to the plant site of Nestle i~the County, a distance
<br />of about three and one-half miles.
<br /> 2. The C~unty agrees that it will provide and furnish to the City the necessary
<br />rights of way and easements for the construction, maintenance, repair and replacement of the water main, such
<br />rights of way and easements to he furnished as promptly as practicable.followingwritten re~uest from the City,
<br />and to be in satisfactory form for the purpose intended. .
<br /> 3~ The City agrees at its expense to install along the water main such n~,mher of
<br />fire hydrants as may be requested in writing by the County, and to lease suc~ fSre hydrants to the County for a
<br />term covmnencing on the day after the completion of the water main and e~piring on t he last day of the then current
<br />fiscal year of the County. The Co~mty shall have an option to extend the term of ~uch lease thereafter from year
<br />to year on the terms and at the rentals stated herein. .Unless the County notifies the City in writing before the
<br />~x~piration o£ any year, the norm shall be deemed to he automatically~extended from year to year.
<br /> 4. So long as the lease referred to in paragraph 3 above immains in effect, and as
<br />consideration for the water service to be provided and for leasing the fire hydrants referred to in paragraph 3
<br />above, ~he County agrees to pay ~o the City the following:
<br /> (a) The regular ra~e of fire hydrant rental in force.in the County; and
<br /> (b) ~nx amem~t compu~d at a rate equal to 2-1/~%1~r annum of the unam0rtizAd cost of the wa~er
<br /> mai~, provided that the County may deduct from tilts ~ount a sum ~qual to the rent due under
<br /> sub-paragraph (a) above fQr l0 of the tire hydrants installed along the water main.
<br /> 5. Tt~ fire hydrant ~ental obligatiol~s o~ the County hereunder stmll be subject to t
<br />appropriation of such amounts by the Hoard of Sklpervisors of the County. I~ is further agreed between the parties
<br />that th_is contract will not be binding on either party until Nestle enters into a contract with the City to pay
<br />a standby charge sufficient to amortize the cos~ of the water main within 20 years.
<br />
<br /> IN WITNESS WBEREOF, Nunsemond County~ acting by and ttrrough its Board of Supervisors
<br />has caused its name to be hereunto signed byVetmon G. E~erwi~e, its Chairman, and its seal to be hereto affixed,
<br />attested by JolmNenry Powetl, County Clerk, and the City of Portsmouth has caused its name to be hereunto signed
<br />by F.A. Duke, Mayor and President of the City Council, sm~ its coKporate seal hereunto affixed, attested by A.P.
<br />Jotmson,Jr., City Clerk.
<br />
<br />NANSEMOND COUNTY
<br />
<br />Vernon G. Eberwine, Chairman
<br />
<br />ATTEST:
<br />
<br />John ~enry Powell, County Clerk.
<br />
<br /> CI~OF PORTSMOU~t
<br />
<br />By F.A. t~lke, Mayor and l>xesident of ihs City Council
<br />
<br />ATTEST:
<br />
<br />A.P. Johltson, Jr., City Clerk."
<br />
<br /> 9n motion of Mr. Hawks, s~conded by M~ro Howard, the oontru~s with the Nestle CompaE
<br />and Nansemond County, bearing date on September 27th, I955 and presented by the City Attorney, were approved, and
<br />the proper oificers et the City wer~ authorized to exeoute ~he same, with the ~eaI of the City affixed, as soon
<br />as the Nestle Company enters an agreement approved by the City Attorney guaranteeing to the City the payment by
<br />Nansemond County of:the amount of two and one half per centum per ammmon the unamortized cost of the water mai~
<br />as defined in said contracts, until such cost has been fully paid, allowing credit £or rent of the ge~ fire hy-
<br />drants mentioned in the contract with Nansemond County, and hy the following vote:
<br />
<br />Ayes:
<br />Nays:
<br />
<br />Duke, Bake~, Bilis01y, Grimes, It~wks, Howard, Lawrence, Smith, Wilson
<br />None
<br />
<br />55-240 - nat a recent meeting o~ the Council a report from the Planning Commission was pre -
<br />sented to Council and referred tome. I am in receipt of the attached letter £r~nH.W. MacKenzie,Jr., as follows
<br /> 'The R~tail Mershants Association of Portsmouth is vitally interested in the
<br /> improvement of the parking and traffic situation in the downtown area and has been en-
<br /> gaged for some time in sermous study to d~ternutne how conditions could be best improved.
<br /> Thais study reached the point ~hat no tarther progress~eoul~ be made ~until an
<br /> engineering survey could reasonably define wImt additional facilities were needed .
<br />
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