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~rch 11, i92~
<br />
<br />On motion, the communication was referred to theFerry Committee.
<br />
<br /> ?th. Enclosing report of the sale of the following lots and graves in Oak Grove Cemetery
<br />d~ming the month of February, 1924:
<br />
<br />Feb~ry 4th, te John W. Bernard, adult grave, No. ~, 808,
<br /> 0. ~. Sweet, south side 12t~:walk 7~n lot from D east ~stHalf.
<br />
<br /> On motion of ~r. Brooks, the City Attorney was instructed to preps,re the necessary deed
<br />f~r the lot sold and the City Officials were authorized to execute same.
<br />
<br /> 8th. "Due to excessive age and the snow and sleet storm of February 2~th, sermous breaks
<br />and blowouts have occurred in the last few weeks in both the fire alarm and police telephone
<br />systems. The necessary repairs will require
<br />
<br /> A special appropriation of this amount is requested. On account of the urgency
<br />of the matter, I have given instructions for the work to proceed."
<br />
<br />On motiem, the recommendation of the Eanager was referred to the Finance Co~itte~
<br />
<br /> ~th. "I am inclosing herewith a co~uniQatis~ from the Thomas Jefferson i~emorial Fcundatien,~
<br />Inc., asking that the ~yor issue a proclamation designating April ?th to l~t~ as Jefferson
<br />week, April l~th being Jefferson's birthday. The Nayer is also requested t~ mppoint a csmmittee
<br />to make arrangements for an appropriate celebration during this week~
<br />
<br /> As I understand it, this Associatio~ is cond~c~ a nation-wide campaiga to rmise
<br />a fum~l~of one million dollars for the p~rchase om ~ontieeile, ~efferson's home inVirginia,
<br />it is recommended that the request of the Presi.den~ ef the Eemorial Association be complied w~th."
<br />
<br />0n~ motion of lit. White, the recommendation of the ~ger was com~u~red in.
<br />
<br /> 10th. · "I am transmittingherewith form of lease with the Belt Line Railroad, granting per?
<br />mission to the Poztsmouth Water Department to Qross its right of way near the Portsmouth Cotte~
<br />0il Cempamy ~nd to ~se right of way on branch ro~d to the Southgate Terminal Company fe~ the
<br />purpose of laying an eight inch watermain for the servi~e of industries in the Naval Amnex.
<br />
<br /> This permit is revocable and makes the City responsible for anylosses or d~mage
<br />due to the presence ef the~atermai~ No ct~rge is made by the Rai lroa~ Comp~uy for the use
<br />of its real estate~ The le~se has been mpp~eVed as to ferm by the Oity Atterney~
<br />
<br /> It is race. ended that the proper office~ of the Council be authsrimed te sign it
<br />for the Council."
<br />
<br />The following is the form of lease:
<br />
<br /> THIS AGPW~NT, E~de, in triplicmte, this the ~ day of , in the year nineteen
<br /> hundred and t~enty-fou~, between the EOi~FOLKA/tDPORTS~!0D~H BELT L/J~BAIAROADCONPAIV~, a cor-
<br />poration cD~rtered, organized and axistingunder ~the lawm of the State of Virginia, hereinafter
<br /> ~lled the Belt Zinc, ps~ty e£ theist p~, and the Cit~ of 2er%smouth, a Eu~mcipal Corpora-
<br /> tion created by the State of Virginia~ party of the second par~:
<br />
<br />THE BELT ~L~ C0lrENA~S A~q) AGREES
<br />
<br /> 1. That the City of Portsmouth~.y lay an eight (8) inch~cast iron water,pipe across the
<br />r~ht of w~ of the Belt Line at Station ~2~ ~ ~l on the mainimne om the Belt ~i~e and again
<br />ac~ess the bra~ch line of the Belt Line tO S0~ate Temm~inal Corporation atStatienl0 * ~2,
<br />and along ~he east ~e of t~e r~ght cz ~ay o~ the abeye branc~line from ~tati~n 10 ~ 2~ to
<br />~5 ~ ~2, a~ shown on oiue~rmnt attached hereto and made a par~ of this agreement.
<br />
<br />T~ CITY OF PORT~0UTH COVE~L%~TS ~D
<br />
<br /> 1. That m~ wmll ,cause said ~atez~ p~pe to be lmmd upon the rzgh~ o'~ way ~ between the
<br />points indicate~ upen%~me blue-print aforesaid, under the supervision of the Chief Engimeer of
<br />the Belt Line, and will restore ~the ~ight of wmy after s~id pipe has been laid to the condition
<br />~--~ich will be ~iisfactory to sa, id Engineer,
<br />
<br /> 2. I~t agreem to i~ndenmify a~nd save harmless the .Belt Line from any and s2~l claims for
<br /> ~e.ges for injuries to persons or property caused, or claimed to have been c~ed, ~y, er during
<br /> th~ laying ef said water ~in, by er in cennectien with the laying of said ~ain, or in_the ex-
<br /> cavation therefor, including as a p~rt Cf said damage.any cost or expense, including attorney's
<br /> fees, to which the Belt Line ms~~ be put to defend such ~cla~s, provided tD~%t in the event
<br /> such claim sh~ll be asserted againstthe Belt Line it will ~dlately notify td%e City ef Port~-
<br />mout2m by letter, addressed to its City ~a~ger, of~such claim, mn or.e= thmt said City ms.y defend
<br /> The s~.me e
<br />
<br /> ~. That upon si~uty days' notice in v~iting being given to it by the Belt ~ine, it wi!l~
<br />mt itm ~xpense~ remove its said water ~n from said right of way, or will remove the sa~_e to
<br />such other location on~mid right of way ~s said Belt Line may designate, andw~ll restore sai~
<br />right of way in either event to the ss~e condition as it was before said ~ater main w~s re~oved,
<br />or was removed and relai~, and will indezmi~y said Belt Line from all cla~w~ for ds~r~ge for
<br />injuries to persons or te propert~ caused or c~im~d to ha¥~ been~used.by the re.oval of
<br />said w~ter main, or by the removal and relaying cf the same, including ~i~par~ of said~dan~ges
<br />all costs, including attorney's fees, to which theBelt Line ~7 be put indefending the
<br />provmaee howeve_, that in each case notice to the City of Portsmouth shall be given immediately
<br />as
<br />
<br />
<br />
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