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September 23rd, 1941.
<br />
<br /> 'Section 4 - Professional Football -When-engaged for as
<br />many as tea games during one seasen,~ the charge shall be at the
<br />rate of $85.00 per game~ and the privilege of practioing during
<br />~he football season, .when said practice doee~not Conflict with
<br />prior engagements or high school activities, shall be allowed
<br />without charge. ~
<br />
<br /> I also recommend that a new section be' added, to be known as Section ?-a -
<br />Lights, as follows:
<br />
<br /> 'Section 7-a - Lights - The two banks Of lights, desig-
<br />nated as practice lights, may be used in lieu of all the lights,
<br />at a charge of $1.OO per hour,
<br />
<br /> These ch~anges are recommended following suggestions by both the high school
<br />a~d~the professional teams that all of the lights are no~ needed for practice and the charge
<br />for all of the lights is an Undue burden."
<br />
<br />Notion of Mr. Howard to concur in ~he Manager's recommendation was adopted.
<br />
<br /> ?th - "I am attaching hereto contract between the City of Portsmouth~and the
<br />Atlantic 0cast Line Railroad, concerning right of way for 6u cast iron pipe across right of way
<br />of said railroad at the south entrance to the City Park.
<br /> We now have mains'leading through Sim~nsdale to tZ~is point and we wish
<br />to continue this pipe into ~he park, for use in the park and for extension to land.west of the
<br />park. This contract has been approved by the City-Attorney and i respectfully recommend that
<br />it be signed,u
<br />
<br /> Motion of Mr. Howard to concur in the Manager' s
<br />said contracts and that proper officers be authorized to-execute
<br />following vote:
<br />
<br />recommendation and to approve
<br />same, was adopted, and. by the
<br />
<br />Ayes: Fox, Grimes, Hall, Howard, Hutchins, Warren, Wilson
<br />Nays:: None
<br />
<br />Contract
<br />
<br /> ~EIS AGREEMENT, Nade ~ud entered into this 9th day of October, 19 by and
<br />between the Atlantic Coast Line Railroad Company, a corporation created and organi~d under
<br />and by virtue of the laws of the State of Virginia, hereinafter for convenience styled the
<br />Railroad Company, .the first party, and the City of Portsmouth, a municipal corporation under
<br />tho laws of the State of Virginia, the second party:
<br /> WITNESSETH: That the Railroad Company, forand in consideration of the sum
<br />of One Dollar to it in hand paid by the second party~ the receipt whereof is hereby acknow -
<br />ledged, and the performance of the covenants hereinafter contained on the part of the second
<br />party, does hereby give and grant unto the second party the right and privilege to lay
<br />maintain, for the purpose of conducting water, a line of 6 inch cast iron pipe across the right
<br />of way and umierneath the main track of smaid Railroad Company near Portsmouth, Virginia, a~ a
<br />point 1095 feet eastwardly, measured along the center line of said track, from mile oost
<br />(from Pinners Point), said line of pipe to be parallel with the west line of Park A~enue, if
<br />extended, and being shown in red on the blue print hereto attached ~nd made a part hereof,
<br />said right of way being 25 feet wide on each side of said center line, said pipe to be-entirely
<br />underground.
<br /> And the second party hereby covenants and agrees with the Railroad Co~oany in
<br />consideration thereof~ as follows:
<br />
<br /> (I) That the second party shall lay and maintain said pipe in a manner sat!s-!
<br />factory to the Engineer Maintenance of Way of the Railroad Company and so as not to interfere
<br />with pipe or other st~etures now in place; and in the event that the said pipe shall become in
<br />need of repairs, the s~cond party shall repair same upon no,ice given by ~ne said Engineer, and!
<br />upon the failure of the Second party ~ make such repairs, the Railroad Company may make all nec~
<br />essary repairs, but at the cost of the second party, which said cost the second party hereby I
<br />agrees and promises to pay on demand.
<br />
<br /> (2) That the second party shall assume entire responsibility for all damages
<br />caused in a~uy~manner by the said pipe to t~he property or employees of the Railroad Company or
<br />to any other person or property; and that the second party shall protect s_nd save harmless the~
<br />Railroad Oompany from any and all damages and losses caused in any manner from the said pipe,
<br />however resulting.
<br />
<br /> (3) ~nat the second party will at any time, upon thirty days written notice
<br />given by the Railroad Company, change and alter the location of said pipe to conform to any
<br />changes or improvements that may be made by the Railroad Company in its tracks or roadway at
<br />said location.
<br /> It is expressly understood and agreed that no assessment Shall be made against
<br />the Railroad Company to cover the cost (or any part thereof) of construction and/or maintenance
<br />of said pipe including material, labor and any other item of expense incident thereto.
<br />
<br /> (4) That the second part will pay to the Railroad C~o-ahy, on bills rendered
<br />by the R~lroad Company, ~he full amount of all cost and expense which may be incurred by the
<br />Railroad ~mpany in protecting its track or tracks by dE!ring piling or by other means while
<br />said pipe ~is being placed thereunder.
<br />
<br />(5) That the per, ion of said line or, pipe which passes~underneath said track
<br />
<br />
<br />
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