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W, THEREFORE, B~ IT RESOLVED BY THE COUNCIL OF THE CITY
<br />OF PORTSMOUTH, VIRGINIA, that if and when there has been conveyed
<br />to the City of Portsmouth by a good and sufficient deed of general
<br />warranty, free of all encumbrances, a perpetual ~ight~of way end
<br />easement for the construction, operation: snd ms~intenance of the
<br />w&ter mains of the City of Portsmouth in and Moon the parcel of
<br />lfuud belonging to the Se~oos_wd Air Line Railway Company at Mile
<br />P6st 7.61, measured from Portsmouth. and shown in yellow on said
<br />R~ilway Company's plan No. B-1206-2~, dated February 21, 1938, re-
<br />vised March 3, 1938, and en agreement has been entered into satis-
<br />factory to the City Mauager of the City of Portsmouth, whereby
<br />
<br /> 1. The twenty inch cast iron main now on the right of way
<br />of the Seaboard Air Line Railway Company will be transferred to
<br />clear the foundations of columns of the proposed over.pass, and the
<br />twenty inch cast iron main now on the right of way of the City of
<br />Portsmouth is to be trsnsferred to the new right of way to be con -
<br />vgyed to the City by the Seaboard Air Line B~ilway Company.
<br />
<br /> 2. The over%pass fill and concrete structure to be constructed
<br />s~all not encroach upon any o~ of the three water mains of the City
<br />o~ Portsmouth and after the trsmsfers of the mains above-mentioned,
<br />all of said mains shell be as accessible for repairs and renewals
<br />as said mains are at present.
<br />
<br /> 3. ~ne trs~sfer of the matins is to b~.made by the City of
<br />Portsmouth, and the State of Virginia, aud/or State Highway Commis-
<br />sioner is to pay all.costs of transfers and also all costs of any
<br />repairs or replacements necessary and incident to the transfer of
<br />said mains or the construction of said overp_ass.
<br />
<br /> 4. The plans and specifications of the Sta~e Highway Depart-
<br />ment for said overpass, smd any work done by said Department or any
<br />contract let for the doing of said work in connection with said over-
<br />pass, shall afford'every oos~ible protection for th9 three water
<br />mains of the City of Port~mouth during the construction of said over~
<br />pa~s, and provision sh~l be made to prevent materials,_equipment, or
<br />tracks from being placed over said mains, and the City of Portsmouth
<br />shall be saved harmless from any damage to its mains during construc-
<br />tion and the consequent failure to supply wate~ to its customers,
<br />and the S~ate Highway Commissionsr will make provision for protecting
<br />the City iuthis regard.
<br />
<br /> 5. There will be no fill or foundation for the ovez~ass on
<br />the strip of land to be conveyed to the City of Portsmouth by the
<br />Seaboard Air Line Railway Company; then the City of Portsmouth will
<br />permit the use of its present right of way for the construction of
<br />s~id ov~r~p~ass, and w~l~ p~.rmit said o~erpass to cross the ~ew right
<br />o~ way ~o ce oonveyee ~o ~, and the p~oper officers of the City are
<br />authorized to execute the necessary agreements."
<br />
<br /> Motion of Mr. Hutchins to concur in the Manager's recommendation and to ap -
<br />prove said resolution,w~s admp~ed, and by the following vote:
<br />
<br />Ayes: Leigh, Fox, Grimes, Howard, Hutchins, L~wr~nce,
<br /> Warren, Weiseman, ~ilson
<br />
<br /> 4th - "At the last meeting of the Council~ I was authorized to ts~ly the
<br />signatures of those requesting and these opposing the permit for Mrs. E.L..Martin to have a
<br />store on First Ave., near EcDaniel St.
<br /> I have checked both lists carefully and find eighty=two for and
<br />seventy-eight against."
<br />
<br />Privilege of ~he floor was granted any one interested.
<br />
<br /> Mms. Martin ~poke in favor of her petition and Mr2o Jemmison, Mr. Taylor. and
<br />Mr. Tatum spoke~ against the same.
<br />
<br />vote:
<br />
<br />~Iotion of Mr. Hutchins to grant said permit was adopted, and by the following
<br />
<br />Ayes: Leigh, Fox, Grimes, Howard,
<br /> Warren, Weisem~n, Wilson
<br />Nays: None
<br />
<br />Hut.ckins, Lawrence,
<br />
<br /> The President of the School Board, Mr. T. A. Willett, presented ~wo reso!u -
<br />tions for adoption by the Council:
<br />
<br /> lst.for a loan fmom Litera~y Fund for 869,215.00 for an addition to
<br />Woodrow Wilson High School, P.W.A. to grant 856,600.00; ~otaling 8125,815.00.
<br />
<br /> 2nd for a loan from the Literary Fund for 815,~00.00 for an addition
<br />to Mt. Hermon School; P.W.Ao to grant 812,600.00; totaling 828,000.00.
<br />
<br />
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