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September 12th, 19~9.
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<br />said state, acting by end through its Board of Supervisors, amd hereinafter referred to as I
<br />the "County", party of the second part.
<br /> ~HEREA~: The City cf. Portsmouth ovms and operates a system of water mains
<br />and fire hydrants in td~e~sectiens of the County of Norfolk known as Waterview and Glensheal-
<br />lab for the purpose, of supplying water for public and private purposes, and owns an eight
<br />inch main at prezent extending along 'Grayson Street to .its intersection ~ith ~estern Branch
<br />Boulevard; and
<br /> ~W~EEEA~: The Board of Supervisors of said County are causing to be construct-
<br />ed through means of a ~d~ral Works Prozress Administration.~proJect am eight inch water main
<br />across the Churchland ~ leading fr~m waterview over th& Western Branch of the Elizabeth
<br />River~ aud in, under and along certain roads and streets in that portion of said County ly -
<br />lng west of said river for the purpose of affording fire protection and permitting the inhab-
<br />itants living on the~west side of said river to obtain a supply of pure water for drir~king
<br />purposes e~d to flush sewers and aid iu other health measures.
<br /> NOW, THEREFORE, THIS AGREemeNT WITNESSETH: That in consideration of the
<br />promises and the benefits te be derived by said County of Norfolk and its ird~abitants, and
<br />the mutual promises herein contained, the said parties covenant ~ud agree with each other as
<br />f~llows: (1) The City of Portsmouth agrees that as soon as the said eight inch water
<br />mains~are laid across the 0hurchland Bridge and in and along the roads, streets and avenues
<br />west of the Western Branch of the ElizabeTh River as Provided for in the Works Progress Admin-
<br />istration project that it will at its own cost and expense install a six inch water main
<br />along Western Branch Road from G~ayson street to Riverside Drive ~here the same can be con -
<br />nected with the main to be lald across said bridge, and further to installthereon two fire
<br />hydrants.
<br /> (2~ The City will, as soon as the mains have been laid across said bridge
<br />and in that portion of the Ocunty west of the Western Branch of the Elizabeth River and h~ve
<br />been tested and found satisfactory to the Superintendent of the Portsmouth ~ater Department,
<br />supply water through said mains to said Oounty for fire protection at such rates as are here-.
<br />inafter set forth and to consumers at the same rates as are now or may hereafter be promul -
<br />gated by the 0ouneil of ~he City of Portsmouth for like consumers within the said 0ity, the
<br />terms, conditions, rules and regulations as to water service, connections, and laterals for
<br />street mains to p~emises to be the same in the Oounty of~Norfolk as in the City of Portsmouth.
<br /> (~). The Oounty of Norfolk agrees that ~heWater. mains across said bridge and
<br />in the territory west of said river shall be installed under the supervision and to the satis-
<br />faction of the Superintendent of the Water Department of the 0ity of Portsmouth and that fire
<br />hydra.ts will be installed on the mains not less than six inches in diameter to be laid under
<br />said Works Progress Administration project inthe territory west of said river at convenient
<br />locations at distances not more the~ four hundred feet apart; the mains, fire hydrsnts smd
<br />valves to b~ the same type and. design as t?~se now used by the City.
<br /> (~) The County of Norfolk agrees to convey to said 0ity a~ soon as said mains
<br />are completed smd placed in service, all mains, hydrants and other fixtures installed ~u~der
<br />said Works Progress Administration project lying west of the Western Branch of the Elizabeth
<br />River, and to rent from said 0ity during the period of this contract the fire hydrants, in -
<br />stalled on s$id mains, together with the two to be installed by the 0ity east cf said river,
<br />s~d to pay for the same to the said City in quarterly installments or every three months.at
<br />the ra,te of Fifty ~ollars per annum for each of saidhydrantso
<br /> ~5) The said County of Norfolk further agrees to protect and save harmless
<br />the said City of Portsmouth from all costs and expenses~incurred in the maintenance and upkeep
<br />of the water mains extending on the Churohland Bridge and over and across the Western~ Branch
<br />of the Elizabeth River from the east side to the west side of said river~ and slso from all
<br />loss or damageswhich the said City may receive or sustain, (except profits from the sale of
<br />water), by reason of its inability or failure to supply water through said mains due to leak-
<br />age, freezing, protecting the water supply of consumers east of ~e WeStern Branch of said
<br />river or otherwise, end the said 0ounty of Norfolk &grees to pay to the said Oity of Ports -
<br />mouth all sums of money ~hich may be expended by.it in repairing, replacing and renewing ~aid
<br />mains. But in the event the repair or replacement of said mains or some portion thereof be -
<br />comes a m~or project and more than ordinary repairs are necessary it shall be optional with
<br />said 0ity whether it will make the repairs or the replacement, or Whether the ~ounty s.hall
<br />make them under the suoervision of the City.
<br /> It is ~nderstood and agreed,~however, that after one hundred houses have been
<br />connected with the water mains to be installed west of said River and said houses are occu -
<br />pied and wate~ is purchased for use therein, the Oodnty of Norfolk will then convey to the
<br />City of Portsmouth the water mains laid over, under and across said Ri~er, together with all
<br /> ~ ........ ~ ~f wa* ~rivile~es~ and easements~ with the right, to use the Churchland
<br /> bridge, and any further responsibility of the County undertaken by this paragraph shall cease,
<br /> and the City shall thereafter maintain said mains.
<br /> (6) The Oounty of N6rfolk hereby gives and grants to the 0ity Of Portsmouth
<br /> a perpetMal easement or right of way for the use of said water mains in all the public roads,
<br /> streets, and alleys laid off and dedicated west of said river, and agrees to obtain and have
<br /> conveyed to the City an easement or right of way over. all private property upon which said
<br /> mains may be laid, and further agrees that ~¢nen requesting additlo~l mains to be laid by the
<br /> City to provide ~ights of way for such mains Without expense to the said City.
<br /> (?) The said 0ounty of Norfolk and/or its Board of Supervisors agree to adopt
<br /> such resolutions s~d ordinances as may be necessary' to enforce in the County, ~st of the West-
<br /> ern brauch of the Elizabeth River, the same rules, regulations and ordinances as to consumers
<br /> service pipes, water service and payment of water bills as are enforced~in the City of Ports-
<br /> mouth.
<br /> (8) It is further agreed between the parties to this contract that if at any
<br /> time any tax, assessment, levy or any form of license fees or other taxes for any public pur-
<br /> poses shall be imposed upon any of the properties or works of the City of Portsmouth in the
<br /> ~ounty of Norfolk, whethe~ the same is collected by ~he Oounty of Norfolk or for the benefit
<br /> of the 0oun~y of Norfolk~ the tots~ fire hydrant rental herein agreed upon shall be increased
<br /> by an amount equal to such tax, assessment, or levy, and the amount of each such tax, assess~
<br /> merit or levy shall be paid to the City of Portsmouth as increased fire hydran~ rental on the
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