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335
<br />
<br />June 2~rdJ lc~T6.
<br />
<br />cient funds from the Federal WPA funds to com~o~lete the project", and the proper officers of
<br />the City were directed to execute the bond mentioned in the telegram; and by the following
<br />vote~ -
<br />
<br />Ayes: Brooks, Fox, Hanvey: Moore, Oast, Stewart
<br />Nays: None.
<br />
<br /> 5th ~ The City Manager presented the following ordinance, which was, on m~-
<br />tion, placed on first reading:
<br />
<br /> ,AN ORDINANCE TO AMEND SECTION 3 OF THE LICENSE TAX
<br />ORDINANCE BY ADDING THERETO A NEW ~3BSECTION".
<br />
<br />The followLug communications from the City Attorney were read:
<br />
<br /> let - "Attached hereto is a right of way agreement between'the City and the
<br />American Telephone and Telegraph Company cf Virginia, which I request you approve and autho-
<br />rize to be executed by the proper officers of the City after the same has been executed by
<br />the Telephone Company. The State Highway Department is widening the. Pitchkettle Road, and
<br />the Telephone Company is required to move its poles from their present location back upon the
<br />land of the City. The Co~nany is meeting the conditions imposed by Mr. Davis."
<br />
<br />Agreement -
<br />
<br /> "THIS AGREEMENT, Made this day of June, 1936, between the
<br /> City of Portsmouth, a municipal corporation of the State of Virginia,
<br /> party of the first par~, and the Americ~u Telephone and Te!egr~oh
<br /> panyof Virginia, a corporation, party of the second part.
<br /> WITNESSETH:
<br /> That~ in consideration of the sum of Sixty ($60.00)
<br /> Dollars, cash in hand paid, receipt whereof is hereby acknowledged,
<br /> the said party of the firs~ part doth grant ~zuto the said party of the
<br /> second part, its associate~, lessees and assigns, a right of way and
<br /> easement for the purpose of erecting poles and stringing wires, with
<br /> the necessary cross-arms and guy-wires, and maintaining and operating
<br /> the same over the land cf the party of the first part near Lake Ca.boon
<br /> and the Pitchkettis Road in ~huckatuck Magisterial District of Nanse-
<br /> mond County, Virginia, a~ the stations showm on the plat hereto at -
<br /> tached and distant not greater than five feet f~om the line of Pitch-
<br /> kettle Road; the said easemen~ to continue un~il the said party of the
<br /> second par~ or its assigns shall abandon said llne or change the loca-
<br /> tion thereof. The said party of the second part shall have the right
<br /> and privilege to trim.trees along said line to a distance of twenty-
<br /> four inches from the nearest wire, provided, however, that the trees
<br /> shall be trimmed in an uniform manner so that all sides and the tops
<br /> of the trees shall be uniform.
<br /> The said party of the second part, in consideration of said
<br />grant covenants ~nd agree~ to re-arrange said poles and lines to con-
<br />form to future building operations of the City of Portsmouth, or its
<br />assigns, and ~ at it will, at its own costs and expense, obtain, in
<br />the name of the City of Portsmouth, all necessary rights of way and
<br />easements and will move the present power line of said City and will
<br />install and re-establish the same in a good and workmanlike manner, at
<br />a distance from the wire lines of the party of the second part of not
<br />less than thirty~five feet f~om center to center of poles, so that the
<br />poles of one line can not fall across the wires on the other line; and
<br />will replace all old poles of the City moved by it, and which are not
<br />creosoted with new crees6ted poles.
<br /> The said party of the second Dart further cerements and agrees
<br />that in re-arranging said two pole lines, tha~ it will pay to the said
<br />City for all ~rees cu~ down by .it and measuring s~x inches at the butt
<br />a price to be agreed upon by the Superintendent of the Water Deoartment
<br />of said City.
<br /> WITNESS THE ~OLLOWING SIGNATURES AND SEALS:
<br />
<br />CITY 6F PORTSMOUTH,
<br />
<br />Attest:
<br />
<br />By~
<br /> President of City Council.
<br />
<br />City Clerk.
<br />
<br />Attest:
<br />
<br /> A~E_~RIC~N T~EPHONEAND TELEGRAPH ~OMPANY
<br />
<br />By
<br /> Vioe~President.
<br />
<br />to
<br />
<br /> Secretary., ~
<br />
<br /> Motion of Mr. Oast to approve agreement, and that proper officers be directed
<br />execute same, was adopted, and by the following vote:
<br />
<br />
<br />
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