j~nu~r~ 28th. 1941.
<br />
<br />On motion ordered filed.
<br />
<br /> 8th - "At your last meeting, there was referred to me a resolution of the
<br />American Legion relative to an increase in the number of traffic officers on High Street.
<br /> ~ Upon investigat~on, I found~that two of our traffic officers on High
<br />St. were not as efficient as t~hey should be. These two men have since bee~ Transferred to
<br />other duties, and more efficient men put in their places, and I believe that change h~s solved
<br />the problem for the ti~e being."
<br />
<br />On motion ordered filed.
<br />
<br /> 9th "Dr. Julian T. Miller~ Director of Public Welfare, has asked ~o be re-
<br />lieved, by February 1st, or as soon thereafter as we can find a suitable man to take his place.
<br /> ~ ~ ~ ' The Manager is open to ~oplications and if any of you gentlemen have
<br />anyone you can recommend, I shall be very glad to give him due consideration."
<br />
<br />On'motion ordered filed.
<br />
<br /> lOth - "After She project to. install a thirty inch water main from Suffolk to
<br />Portsmouth w~s~passed by the Washington office, ~ud signed by the President, the Distric~ of -
<br />fice in Richmond required a thirty-year extension of the City's lease with the Seaboard Air
<br />Line Railroad for right of way. The present lease wi~h the Seaboard expos in 195?-
<br /> We began negotiations with the Seaboard at once. I am glad to report
<br />at this time that the negotiations have ended in aq agreement which Mr. Davis, Superintendent
<br />of the ~ater Department, Mr. -Barclay, 0ity Attorney, and the City Manager feel is fair to both
<br />sides. When the City asked the Seaboard for the extension, they demanded a
<br />reduction in water rates, of twenty per cent, to take effect at once. We contended that there
<br />should be no reduction in water rates until after 195~, to which the Seaboard finally agreed.
<br />The reduction at that time, will be two cents on the thousand gallons.
<br /> Mr. Davis was a great help to me in bringing these negotiations to a
<br /> successful concldsion, and I wish to give ~him full credit for the very valuable service he
<br /> rendered the City in this particular case."
<br />
<br /> Agreement - "THIS AGREEMENT, Made this da~ of , !941, by and between the
<br />CITY OF PORTSMOUTH, a municipal corporation of the S~ate of Virginia (her~in4fter called "city"~
<br />party of the first part, aud LEIGH ~. POWELL, Jr., and HENRY W. ANDERSON, asReceivers of the
<br />properties of tea~'ard Air Line Railway Company (hereinafter called "Receivers"), parties of
<br />the second par~
<br />
<br />W ITNES SE TH:
<br />
<br /> THAT WHEREA~ the Oity is the ~uecessor in right~ interest and obligation of
<br />Portsmouth, Berkiey and ~uffo!k Water Company.~suOceSs~r~Of Po~sm~u~h~ ~uffo!~ ~ter Oom ,
<br />PanY) and of Portsmouth Suburban Water Oompany under that certain writtenagreement dated
<br />November 8th, 1887, between Portsmouth & Suffolk Water Company and Seaboard & Roanoke .Railroad
<br />Company, predecessor through Seaboard Ria Line R~i~way of Seaboard Air Line Railway Company
<br />(as such agreement has heretofore been modified and .extended by agreement of the parties at
<br />interest and as so modified and extended is now in effect and binding.between the City and
<br />Seaboard Air Line Railway Company) whereunder certain water ~ains.now owned by the City are
<br />located on the right of way of Seaboard Air Line Rmilway Co~pan~ and water is supplied by the
<br />0ity to the Receivers upon and subject to the terms~ orovisions and conditions therein set
<br />forth, and which agreement excites by limitation on N~vember yth~ 195Y; and
<br /> WHEREAS the ~eceivers, as the duly appcinted.P~ceive~s of the properties of
<br />~eaboard Air Line Railway Company,~are in possession and control of said properties; and
<br /> ~HEREAS the City has requested that the term of said agreemen~ .be extsnded
<br /> for a further period of thirty (3O) years beginning on November 8th~ 1957, and the parties
<br /> hereto desire to effect such extension upon ~ud subject to the terms, provisions and condi -
<br /> tions hereinafter set forth;
<br /> NOW, THERE~)RE, in consideration of the premises, the City and the Receivers,
<br /> each also contracting in consideration of the ~ovenants of the other or others hereinafter
<br /> eontained~ ~gree as follows:
<br /> 1. That all of the terms, provisions, c~nditions and limitations con -
<br /> rained in said agreement dated November 8, 1887, as heretofore modified and extended and in
<br /> effect immediately prior to the execution and delivery of this agreement, are hereby confirmed.
<br /> and on ~ua after the date of t~s agreement said t~rms, provisions, conditions and limitations
<br /> except as and to the extent same are modified or amended by the hereinafter contained provi-
<br /> sions of this agreement, are hereby made a part of this agreememt.
<br /> 2. Tha~ this agreement shall contimue in force and effect from and af-
<br /> ter the date hereof until November 8th~ 1957, and thereafter for the further term o f period of
<br /> thirty (3O) years~ or muntit November
<br /> 3. ~That t~he prl,e (unless and until reduced as and in-the events here-
<br /> inafter provided) net 1,COO gallons to be paid by the Receivers for water furnished by the
<br /> Oity after the dat~ of this agreement and Until Noyember 8th, 195Y, shall be ten cents (10~)
<br /> and on and after November 8th, 195Y, an~ during said extended period of thirty (30) years,
<br /> ~hall be twenty per cent (20%) less than the price ps? 1,CO0 gallo~s payable hy the ~ceivers
<br /> hereunder as of November y~h, 195Y; provide~, however~ t-ha~ in the event the Ci~y shall at any
<br /> time after the date of this agreement and during tbs remainder of the ~erm of t~s agreement,
<br /> reduce the rate per 1,COO gallons to consumers using substantially the same quantity of water
<br /> per month as used by th~ Railway, thereupon, and as often as any such reduction sha~! occur,
<br /> the then current rate payable by the Railway to the City under this agreement shall be ~educed
<br /> in the same percentage or ratio. It is further agreed that should the Oity, at any time be -
<br />
<br />
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