Minutes 11/25/1941 - Laserfiche WebLink

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November 2 5th, 1941. Railway Company.to the Port Warden's line of the Elizabeth River, for the purpose of pumping and conducting wa~er through said -water main or pipe line from the Norfolk City lakes to. the City of Norfolk. 2. It is understood and agreed .b~tween the ~ parties-, to this contract that~ in granting this~ right of way the City of Portsmouth undertakes to grant~o, niy such lawful rights as it may be empowered~to grant under this contract and~as~t_may have in said streets and alleys, sad that it does net gaarantee or undertake to guarantee any rights in, under or over any privately owned property. 3- The City of Norfolk covenants-and agrees that the pipe line to be laid and maintained by it ~thin the corporate limits of the City of Portsmouth will b~e.of css~ iron pipe of 36 inches or less in diameter, designed for 1OO pounds pressure, Jointed wzth and both ~ workmanship and materials will be of the highest grade. ~. The City of Norfol~ covenants and agrees that it will restore tc likel condition all of the streets in the City ~f ortsmouth disturbed by the laying of said pipe l~ ~d ~e at anv time thereafter it becomes necessary ~o open said streets or any partthere~ of for any purpose in connection with the maintenance of the said water ma_n or pipe Iine., the City of Norfolk will first obtain from the City of Portsmouth the necessary permits therefor and will pay the cost of the restoration of any and all pavements disturbed. 5- The City of Norfolk agrees to furnish, without cost to the City of Portsmouth an 8 inch connection for and to install a modern 6 in.eh fire hydrant at each street intersection in the City of Portsmouth along the route of the said water main when installed for fire fighting purposes~only, the~said hydrants to be under the control of the City of Ports- mouth, and no Charge will be made by the City of Norfolk for~wa~er used from said hydrants for fire fighting purposes. 6. The City cf Norfolk further agrees to provide, without costs to the City of Portsmouth, and in a manner satisfactory to the City ~nager of Ihe C~ty.of Portsmouth, a oonneotiC~ between its water main and the 16 inch water main of the City of Portsmouth ex - tending along Chautauqua Ave. and crossing the-w~ter main of the City of Norfolk, but the valve or valves placed at such connection shall not be opened, or the connection united without the prior consent of both cities, and no water shall be taken through said connection by the City of Portsmouth withou~ the consent of the City of Norfolk, and'no water shall be taken by the City of Norfolk without the consent of the City of Portsmouth. ?. The Cityof Norfolk further agrees to make said pipe line conform tO future grades ~nd developments in the City of Portsmouth~ and.should the City of Portsmouth be put in any additional expense, by reason of the presence of said pipe line, in the laying of any pipe or cables by the City of Portsmouth or in the operation of its municipal functions, the City'of Norfolk agrees to pay the costs of such additional expense, 8. The City o f Norfolk further agrees to have the work in connection with said pipe line or water main performed ~n accordance with modern specifications and to the satisfaction of the City Eanager of Portsmouth throughout, both as to workmanship and materials used. 9. The City of Norfolk further agrees to protect and save harmless the City of Portsmouth and ~ts officials from all. suits or actions and all claims and damages aris-~ ing from. the installation or maintenance of said pipe line or water main located within the corporate limits of the City of Portsmouth, and from failur~e to properly safeguard the same,and to m efend any suits or actions which may be instituted on that account. lO. The City of Norfolk further reiterates and confirms the provisions of~ a certain contract made between it and the Portsmouth, Berkley and Suffolk Water Company where- by the City of Norfolk agreed it will not sell or undertake to sell water on the Portsmouth side of the Elizabeth River, and it expressly covenants and agrees .with the City of Portsmouth that it will not sell or undertake to sell any water from the above-mentioned water mains or pipes or from say ~other water mains or pipes at any point or to any consumer south and west of the Elizabeth River and the Southern Branch thereof without ~an agreement entered .into be.tween the Court'oils of the said Cities and entered upon the minutes of the Council of each city, it being the intention of the parties that the City of Norfolk ~l! not sell water in the terri - tory _s~upp!ied by the water system of the City of PortsmQUtho IN WIT~ESS WHEREOF, .the City of Portsmouth has caused this contract to be signed in duplicate by Leslie To Fox, its Acting Mayor sm.d President Pro Tem of its City Coun- cil, and-its corporate seal to be hereto affixed, attested by L.C. Brinson, its Ci~ty Clerk,and pursuant to a resolution adopted by its City Council on the 28th day of October, 1951, and the City of Norfolk has caused the same to be signed in duplicate by-Chas. B. Borland, its City Manager, and its corporate seal to be hereto affixed, attested by Jno.D. Corbell, its City Clerk, pursuant to an ordinance adopted by its City Council on the 28th day of October, 1941. City of Portsmouth, BY'--~ngNayor and President Pro Tem of the City Council. Attest: Olty OlerE. City o f Norfolk, By. City ~an~ger. Attest: City Clerk.'