Minutes 04/25/1944 - Laserfiche WebLink

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Aoril 2$th, 1944. sales for'water furnished-through said mains on the ~est Norfolk side of t~e Elizabeth River have reached the s~um of Thirty-five Thousand Dollars, water to the amount of Fifteen Hundred Dollars per ann~m. The same is to be paid for according to the schedule of rates now~or hereafter promul - gated by the Council of the City of Portsmouth for like consumers, monthly upon bills rendered by the City of Portsmouth. The City of Portsmouth agrees that for the term of three years fro~ the time said water mains are completed and olaced i n service, it will ~ske an annual accounting of all sums paid by ~ne Virginia Smelting Oompany for water furnished it through said mains, and after deducting from the amounts sop aid the sum of $1,666.66-2/3, it will refund the balance thereof to the Virginia Smelting Company, not to exceed, however, one third Of'the costs paid by i~ ~0~ in - stalling said mains. It is expressly understood amd a greed between the par- ~I~= that if it is found uoon such aCcountin~ that the Virginia Smelting ~a~as not paid to t~e City the sum of ~1,666.66~2/3 during said one year period, it will immediately pay to the City the difference between the ss~d sum and the amount paid and it will not be entitled ~o any refund on one-third of the costs paid by it for installing said mains; but should the water service to the Virginia Smelting 0ompany be discontinued because of breaks, repairs, or some cause not due to t~e fault of said Company, for a period or periods of time of more t?~n three days, then the terms "an annual year~ or "one year p-~riod, as used in this contract shall be taken to mean three hundred ~ud sixty-five days of water delivery. (5) In order to reimburse the Oounty of Norfolk for one-~lf of the amount paid by it for the construction of said mains, the City of Portsmouth s~rees to pay to the Oounty of Norfolk, in annual payments, all sums of money collected by it for water furnished ~o residential consumers and to the County for fire purposes through the ~ater mains laid in the streets of West Ndrfolk not to exceed, however, the sum of One Thousand Dollars per year, un~il the~sum of Five Thousand Dollars, or one half of the amount advanced bY said 0ounty, whichever is smaller~ has been paid to said County. ~This is no~ to include money received from the Virginia Smelting Company or Dunn~s Marine Railway). (6) The Virginia Smelting Company and the 0ounty of Norfolk agree to obtain and have conveyed to the City of Port~mouth free of costs all necessary rights of way owned or controlled by them for the construe - tion of said subaqueous mains under the Western B~anch of the Elizabeth River and to the public highway in West Norfolk, o~nd to.assist in obtaining all other rights of ways and ~ll necessarypermits from the War Department and the War Production Board of the United States. It is understood and agreed that unttl such rights of.way and permits are obtained and unless the same can be obtained at an s~ount deemed reasonable by the Council of the City of Portsmouth, the water mains c~n ~ot be constructed. The Virginia Smelting 0ompany a~rees to convey to the City a ~erpetual easement or right of way for the purpose of laying said main through the property owned by it in fee simple; and the 0ounty of Norfolk egress to furnish to the said City all other neces- sary rights of ways when required to extend its mains both without cost to the City of Portsmouth° The 0ounty of Norfolk agrees to convey to tfae City of Portsmouth all existing water mains belonging to it in ~est Norfolk, and if it is found that the 0ity of Portsmouth can use said mains for ~he furnish- ing of water, the same shall be entirely disconnected from the ~ter system of the Virginia Smelting Company. (?) The City of Portsmouth agrees to take over and operate if found suitable for that purpose, the present water pipes in ~est Norfolk con - strutted by the Works Progress A~inistration for~the County of Norfolk and to install on the public highways in West Norfolk and vicinity additional water mains of not less than six.inches in diameter whenever the Board of Super - visors of Norfolk County order an additional fire hydrant ~ud agrees to pay for the same at the rate of Fifty Dollars per annum, provided, however, the addi - tional water mains Lnstalled shall not exceed four h~ndred lineal feet of pipe for each fire hydrant, the measurements to begin at the location of a then existing water main of not less than six inohes i~ diameter. (8) It is agreed among the parties that valves are to be placed at each end of the mains to be constructed under this contract and if the pipe line under the river should wash out or ge~ out of repair so that a supply of pure water suitable for drinking purposes can not be furnished through the mains, the City shall hays the right and privilege to shut off the suppzy of water through the mains ana it shall be under no obligation to make repairs or replacements, unless~ t~e Virginia Smelting Company.and the County cf Norfolk shall each pay one-th_ira of the costs of making sai~ repairs or re- placements. (9) The s~i& County of Norfolk and/or its Board of Supervi sore agree to adg~t_such resolution? and ordinances as may be necessary to enforce in West Norzolk the same ru±es, regulations and ordinances as. ~o consumers service pipes, ~mter service and payment of water bill~ as are en - forced in the City of Portsmouth. (lO) It is further agreed between the parties to t~s con - trast that if at any time any taX, assessment levy or any form of license fees or other tax for any public purposes ahall be imposed upon any of the properties or works of the City of Portsmouth in the Gonnty of Norfolk, constructed under this contract, whether the same is collected by the Oounty of Norfolk or for the benefit of the County of Norfolk, the total fire hy