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R. C. P.
<br />
<br />Ayes-- Brooks, Esleeck, Smith, Hall, Hutchins, 0asr, White,
<br />
<br /> 8th. Enclosing bills of the Oity Sergeant for }he moDths of April and May, for board
<br />and committment fees of City prisoners a~ounting to ~a31.1~, the commitment fee amounting to
<br />$40.00. He recommended that the bills for board, at least, be paid. He stated that so far
<br />as he can ascertain, it is the practice of other cities to pay the commitment fees'.
<br /> On motion, the bills were referred to the Finance Committee.
<br />
<br /> 9th.
<br />
<br />"'TO THE HONORABLE OITY OOUNCIL:
<br />Portsmouth, Va.
<br />
<br /> "Gentlemen:--
<br /> I am enOzlosing herewith a resolution, prepared by Mr. R. Triplett at
<br />t~e request of the Superintendent of the Water Dept. relative to lots desired by the Water
<br />Dept. in the vicinity of the Godwin St. pumping station.
<br />
<br /> On account of the long delay in this matter, I had authorized the Super-
<br />intendent of the Water Dept. to employ special counsel. The counsel employed is of the opin-
<br />ion that this resolution ~s necessary in order to permit further action in the matter.
<br />
<br />"Yours truly,
<br />
<br />"J. P. Jervey, City
<br />
<br /> The following is the resolution:
<br /> "Whereas, the Council of-the City of Portsmouth deems
<br />it expedient to extend and enlarge- the Water Works of said City by acquiring certain land ad-
<br />jacent to the Godwin Street pumping station, and has by several resolutions undertaken to
<br />make such extension and enlargement possible; whereas~ a resolution of the. council of H~y.
<br />20, 1920, recites that the City Manager had been un~ble to acquire.by purchase, at the prxce
<br />fixed by the Council, the property necessary for such extension and enlargement, and directed
<br />the City'Attorney to institute the necessary proceedings that the same might be acquired by
<br />condemnation; whereas, such condemnation proceedings have never been instituted, and the
<br />property involved may have passed into other hands, making it possible at this time to arrive
<br />at:an agreement as to price, thereby mbviati~ the necessity for such proceedings; and where-
<br />as, the proper~yhereinafter mentioned and described is necessary for the extension and
<br />largement ~of the said water works,
<br />
<br /> "New, therefore, be.it resolved by the council of the City of Portsmouth, lmarsuant to
<br />authority vested in it by the l~ws of the State of Virginia, that the s~id city acquire by
<br />purchase, condemnation, or otherwise, for the purpose mentioned above, the following property,
<br />t o-wi t:
<br />
<br /> rAil those certain twentysix lots of land, situate in the. City of Portsmouth, Virginia,
<br />known, numberdd and designated, as lo.ts numbers 1~ 2, 3, 4, 5, 6, 7, 8,- 9, 10,
<br />15, 16, 17, 1~, 19, 20, 21, 22, 23, 2~, 2~, ~nd 2~, in block Ar~ on the plat of the lan~ of
<br />Estate of O. S? Cooke, duly of record in the Clerk2s Office of the Court of Hustings for the
<br />City of Portsmouth,~ in M~p Book ~1, P~ge
<br />
<br /> SAnd be t% further resolved, that the City Manager be, and he is hereby, d/rooted to
<br />ascertain and report to the Council at its next meeting who are the present owners of the
<br />several lots of land above described, and at wh~t price the same, ar any portion thereof,
<br />be put chased."
<br />
<br /> On motion of Mr. Esleeck, the request of the Manager was granted.
<br />
<br /> lOth~ Enclosing copy of agreement with the Seaboard Air Line Railway Company for the l~y-
<br /> lng of 6e air main on their right of way, Portsmouth. He stated that the agreement contains
<br /> the usus/ restrictions insisted upon by all Railway Companies, and neither he nor the Super-
<br /> intendent, of the water Dep~rtment can see any objection to the Council authorizing its accom-
<br /> pli shment.
<br />
<br /> The following is the agreement:
<br />
<br /> "THIS AGREEMENT, Made and entered into this cl~y of , 1921, by and
<br />between Seaboard Air Line Railway Comlm~ny, a corporation of Virginia and other States, here-
<br />inafter designated "R~ilway," of the firs~ l>~rt; and City of Portsmouth, a body corporate
<br />and politic~uly existingundar the laws of Virginia, hereinafter design~ted eLl0snsse,# of
<br />the .second part;
<br />
<br /> eWITNESSETH, THAT ~HEREAS, the Licensee desires permission to locate and construct a
<br />certain line of pipe, comprising a part of its system of sewerage, under and beneaeJa the tracks
<br />and property of-the R~ilway at'the loc~tions hereinafter indioate~; and
<br />
<br /> "WBEREAS, the Railway -is willing to grant such ~ermissiou on the terms and conditions
<br />hereinaf~ter~-mentioned &nd contained;
<br />
<br /> ~NOW] THEREFORE,. for and in consideration of the sum of Five Dollars ($5.00) to the l~ii-
<br />way by the Licensee in hand paid, the receipt of which is hereby acknowledged, and in further
<br />consideration of the faithful performance on the part of the Licensee of its covenants herein
<br />contained, it is mutU&lly under~tood, covenanted ~nd s~reed as follows, to-wit:
<br />
<br /> el, The Railway hereby grants unto the LicenSee the right to lay, and thereafter m~inta&in
<br />and operate or use, under and beneath the tracks and proper~y of the l~Aw~y, the following
<br />described line of pipe, with the necessary appurtenances, toTwit:
<br />
<br />
<br />
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