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Mc vemb er 13, 1923
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<br />The motion was adopted.
<br />
<br /> 3rd. "I s~u forwarding herewith bi.lls from Dr.R~.Li, E~ran and ~r. eerome P. Ca~r for
<br />ant~-rabic treatment for E. S~. Foremen, who was bmtten oy a bog sn or about S~pt. 26th, 1925o
<br />The State law m~es it mandatory on the City to pa~y a bill of this kind. The patient was
<br />exsm~ined by Dr. P~per s, fter the bite and in Dr. Roper"s opinion the treat~ent was essential.
<br />I am therefore reco~nending a special appropriation of $101,50 for ~ae purpose, from dog tax
<br /> fund. s~
<br /> On motion, the con~unication was referred to'the Finance Co~i%%eeo
<br />
<br /> %th. "I s~m'.transmm%~zng herewith a letter from the ~ortsmouth Ch~ber of Commerce
<br />lat~ve to the ordin~ce requiring p~ople mov~n~ ~rom one locker, ion to smot~ha-r to register at
<br />police headquarters for the p~rpose of protecting local merctmnts, real estate>men, etc.,
<br />from loss.
<br />
<br /> ~ does not seem to me ~ha~ any particula~ hcrdship would be involved in such
<br />registration and I therefore reco~end that the City At'torney be authorized to prepare an
<br />ordinance covering the proposition."
<br />
<br /> On motion of ~. Brooks, the recon~endation of the E~nager was concz~red in, the City
<br /> leoal~y of such an or~znanceo
<br />Attorney to give his opinion as~to the ~' '' ''
<br />
<br /> 5th. ,~ connection with the operation of t~,e incinerator, it has been necessary for ~e
<br />to authorize emergency repairs to wa~er jacket in west side of f~nace costing $390;00. This
<br />work.~was awarded eater competitive bidding.
<br />
<br /> Approval of my action is requested and a special appropriation of $390.00 fo~
<br />the purpose is recommended.~
<br />
<br />On motion, the recommendation was referred to the l~nance Co~ttee.
<br />
<br /> 6~h. "I am transmitting herewith in triplicate proposed agreement with 2he Norfolk-
<br /> · ' ~,aoer ~in along their right of
<br />Portsmouth Belt Line Railro~. for the laying bf an eigtz~ ~nch ~
<br />v~y sout~ of of the' Atlantic and Danville branch. This contract is drawn up~ in the usual
<br />~.y smd gives the City a free right of way with the t~derztanaang that ~ will be liable
<br />for deluges _ncz~ent to the laying of this ~in and that the permit is rsvok~ote ~n six~ty
<br />d~s notice. It h~s been approved as to for~by the City Attorney and~ it is r~commended
<br />theft the proper o~x_cxal~ of th~ Council be authorized to sign
<br />
<br /> On motion of ~. ~it~, the recommendation of the~anager was concurred in by the
<br />following vote:
<br /> Ayes-- Brooks, ~utc~nu, 0asr, Smith, Stewart
<br /> Stewart (R.E.B.), ~bite,
<br />
<br /> The following is the contract: :
<br /> "THIS AGI~E~ICT, LCade in triplicate this the day
<br />of , in the year nineteen h~_udred and twenty-three, between the NozTo'Ik and
<br />Portsmouth Belt Line Railroad Company, a corporation c .ha~tered, organized and existing under
<br />the laws of the St~Yce of Virginia, hereinaZter called the Belt Line, party of the first pa~t,
<br />and the City of Portsmouth, a Eunicipal Corporation created by the State of ~'irginia, parzy
<br />of the second p~rt:
<br />
<br /> T_~IE BELT LIEE C0~NTS
<br />
<br /> 1. T~t the City of 2o~tsmouth may lay an eight (8) inch cast iron water pipe or ~in
<br />upon the right of way of the Belt Line on the esot side of the~in line from Station 135-00
<br />t~ Station 1~0-00 with the right 2o extend.f~om Station 131-00 to ~5-00, as shows in reddaud.
<br />yellow upon the blue-~lr~int hereto attached and made a part of this ag~eement.
<br />
<br />THE CITY 0F PORT~0UTH C0~i~A!~S A~D AGP~S AS FO~0~:
<br />
<br /> 1, That it will cause said water pipe to be laid upon the right of way and between the
<br />points indicated upon the blue print aforesaid, under t~ supervision of the Chief Engineer
<br />of the Belt Line, ~d will r~store the right of way after said pipe has been laid te the
<br />condition wh~ch will be satisfactory to said Engineer.
<br />
<br /> 2. It agrees ts indemnify and s~ve harmless the Belt Line from any and all claims for
<br />de--ge for in~.uries t~ screens or property ca~sed,-or-claimed to h~ve been caused, by, er
<br />during, the laying om ~aid wate~m~in$ by or in connection with the laying of said m~in,
<br />or in the excavation therefor, including as a part of said 8muage any cost or expense, includ-
<br />ing attorney's fees, to which the Belt Idne~y be put to defend such claims, pro~ided t~b~t
<br />in the event acLv such c!~i~ sh~ll be asserted against the Belt Line it ~ll ~mediately notify
<br />the City of Porte. mouth by letter, add~essed to its City N~nnger, ef such claim, in or,er that
<br />~aid City zo~y defend the ss~e.
<br />
<br /> 3. That upon ~i~ty d~ys' notice in writing being given to it by the Belt Line, it will,
<br />at its expense,remove its said water m~in from said right of way, or will remove t?~ same
<br />to such other location on said right of wa~ as said Belt Line ~y desigrmte$ and will restore
<br />said right of way in either event to the same condition as it v~s ~efore said water main was
<br />removed, or was removed and. r¢laid, and will inde~ni~~ said Belt Line from all~ claims ~o d~age
<br />for injuries to persons or to property caused or c!a~_~med to have been caused by the~ removal
<br />of s&id water ~in, or by the ~emo?al and relsrying of the s~me, including as p~rt of said
<br />d~m~ges alt costs, including actorney'm fees, to which the Belt Lin. e~y be put in defending
<br />the sa~e, Provided, however, that in each case notice to the City of ~o~ts~outh shall be given
<br />i,r~ediately as hereinbefore provided.
<br />
<br />IT IS AGRa, ED Ai~ CO~ZE.~L~ED between the pa~tie_s .hereto that this agreement may be
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