 | Board of Visitors minutes April 26, 1922 |  |
CONTRACT BETWEEN UNIVERSITY OF VIRGINIA AND THE
CITY OF CHARLOTTESVILLE
WHEREAS, constant growth of the University of Virginia
has brought about full realization for some time past that
steps must be taken and provision made for an augmented and
purified supply of water for that institution and its environs;
and
WHEREAS, the Rector and Visitors of the University of
Virginia, recognizing this imperative need and demand, has
recently considered divers plans whereby the quality of the
water might be improved, and the pressure at the University
increased, thereby safeguarding property in case of fire, and
adding to the convenience and comfort of users on the grounds
of the University, and
WHEREAS, any of the plans contemplated would have necessitated
the expenditure of considerable sums of money, far
greater expenditures than the University with its present funds
could afford to make alone for these purposes; and
WHEREAS, the City of Charlottesville having likewise
been met with demands on the part of water users for a purified
supply and better quality of water, determined to obviate these
difficulties by means of a filter plant to be erected at some
point convenient to the City and its reservoirs; and
WHEREAS, with a view toward overcoming the difficulties
of the University and avoiding excessive expenditures, for
University did, by resolution adopted in meeting of November
29th 1921, determine to combine with the said City in the
erection of a filter plant, and by said resolution authorized
and directed the lease, without charge, to the City of
Charlottesville for a term of ninety-nine (99) years of
a tract of land situate on the east side of Observatory
Mountain, containing approximately three and one-half (31/2)
acres, for the purpose of constructing such filter plant,
and appropriated for said purpose the sum of fifteen thousand
dollars ($15,000.00) or so much if any as might be appropriated
by the Legislature of Virginia of 1922 for improvements
of the water supply and system at the University of
Virginia; and
WHEREAS, the Legislature of Virginia, in its wisdom,
failed to appropriate any sum whatever to be used toward
augmenting or improving the supply of water at the University
of Virginia; and
WHEREAS, at a meeting of the Rector and Visitors of the
University of Virginia, held on the 28th day of February
1922, a resolution was duly introduced and adopted again
authorizing the lease of said tract of three and one-half
(3 1/2) acres on Observatory Mountain for a filter plant
and right of way for pipe lines thereto, containing approximately
one and one-half (1 1/2) acres, together with rights
of ingress egress thereto and therefrom, for the said term
of ninety-nine (99) years, without charge, and with the
right on the part of the City of renewal, the said resolution
further providing that a portion of the present six-inch
pipe line now belonging to the University should be turned
over to and become the property of the City of Charlottesville,
as hereinafter detailed, in consideration for which said
line the City would lay a part of said six-inch pipe at
other points near the University, as hereinafter specified,
said resolution providing further for the furnishing by the
City to the University of filtered water as hereinafter
specified, and the payment by the University to the City of
a portion of the costs of operating the said filter plant
and a booster pump and station in connection therewith, all
of which is more fully set out in said resolution and provided
for hereinafter; and
WHEREAS, the same resolution authorized and directed
said Rector of the University of Virginia, on behalf of said
University, to enter into and execute a contract with the
City of Charlottesville, embodying and carrying out the provisions
set forth therein,
NOW, THEREFORE, THIS CONTRACT made this 18th day of
April 1922, by and between the Rector and Visitors of the
University of Virginia, hereinafter styled the University,
part of the first part, and the City of Charlottesville,
a munifipal corporation, hereinafter styled the City, party
of the second part.
WITNESSETH:
THAT in consideration of the premises and in further
consideration of the advantages and benefits to be derived
therefrom by said University, the said University doth hereby
lease and demise unto the City of Charlottesville for the
term of ninety-nine (99) years from the date hereof, with
privilege of renewing this lease at the expiration thereof,
a tract or parcel of land belonging to the University and
being a part of the lands of the University situate on the
east side of Observatory Mountain, and west and southwest
of the Rotunda of said University, containing five (5)
acres, more or less, approximately three and one-half (31/2)
acres of which shal be used as the site for the filter plant,
and approximately one and one-half (1 1/2) acres of which
shall be used for rights of way for two sixteen-inch water
mains from a point on the Lynchburg Road through the lands
of the said University for a distance of about eleven hundred
eighty-seven (1187) feet to said filter plant, the wideth
of said right of way being twenty (20) feet throughout the
entire length; which said tract of 3 1/2 acres and right of
way aforesaid are accurately described upon a plat prepared
by Lee H. Williamson, C. P. E., dated January 1922, and
hereto attached as a part of this agreement; together with
such rights of ingress and egress to and from said lands
and to and from said pipe lines, through, over and upon the
lands of the said University, as may be necessary in and about the
operation, maintenance, supervision and repair of said filter
plant and pipe lines and booster pump and station, and other
utilities connected therewith, or with the water system of
said City, it being understood that these latter rights shall
be used by the City under the supervision of the Superintendent
of Grounds and Buildings of said University.
In consideration for which the said City undertakes and
agrees to furnish to said University, for use of its public
buildings and grounds, and for use of officials, professors
and employees of said University residing on University property,
a total of one hundred seventy-five thousand (175,000) gallons
of water per day for the term of the lease hereinabove specified,
and without charge; and all water in excess of said 175,000
gallons per day used as aforesaid shall be paid for by the
University at a rate to be hereafter agreed upon by said City
and said University, which rate, however, shall in no event
exceed five cents for each one thousand gallons over and above
said 175,000 gallons per day.
It is understood and agreed that a meter shall be placed
upon the water main leading to the University at a point
where said main intersects with the City mains leading
from the filter plant, which meter shall be read upon the
first day of each and every month to determine the amount of
water used by the University as aforesaid.
The said University promises and agrees to continue to
pay to the said City, in accordance with the terms of a
contract between said parties of January 20th 1885, the sum
of one hundred and fifty dollars ($150.00) per annum.
The said University further promises and agrees to continue,
in accordance with the provisions of said contract between
the said parties of May 26th 1900, to pay to said City
the sum of thirty dollars ($30.00) per annum towards the maintenance,
caring for and keeping in order the supplemental
pumping plant, located on Moore's Creek, near the Southern
Railway, and further promises and agrees in accordance with
contract of May 26th 1900 to pay to said City, as its proportion
of expenses of operation, maintenance and keeping in order,
the sum of $12.50 per month for each and every month during
which said pumping plant on Moore's Creek shall be in actual
operation.
The said University doth further promise, covenant and
agree that it will pay to said City one-seventh (1/7) of
the total annual cost of operating and maintaining the said
filter plant and booster pump and station used in connection
therewith, provided that one-seventh of said total annual
cost of such operation shall not exceed the sum of nine hundred
($900.00), any sum in excess of said $900.00 per annum
to be borne by the said City.
In consideration of the undertaking and agreement by
said City to lay, at its own expense, a six-inch pipe line
from the present water mains in Observatory Road, thence
along the road through the golf links, and thence by
Towles Addition any by the site of the new Gymnasium to
Ivy Road, and a six-inch pipe line upon and along Rugby Road
from University Avenue to the City limits on said Rugby,
Road, the said University doth hereby grant and convey and
release and relinquish to said City that portion of the present
six-inch pipe line, now belonging to the University, and extending
from the old reservoir to the point near the site of
the booster pump and station, where the main of the University
will connect with sixteen-inch main leading from the filter
plant, which said six-inch pipe line hereby conveyed to the
City consists of about fifteen thousand feet of six-inch
cast iron pipe, and the said University doth hereby grant to
the said City the rights of ingress and egress to and from
the lands of the University for the purpose of taking up and
same as aforesaid; said rights of ingress and egress, and the
work of excavating for said pipe line, to be exercised under
the supervision of the Superintendent of Grounds and Buildings
of the University insofar as said ingress and egress or
work may continue in or through the grounds of the University.
It is distinctly understood and agreed that nothing
contained in this contract and agreement shall operate or be
construed to alter or vary any of the existing rights of
the said University in the water plant or pipe lines of the
City of Charlottesville, except where such alterations, variations
or changes are herein specifically made.
In testimony whereof, the Rector and Visitors of the
University of Virginia has caused its name to be signed hereto
by C. Harding Walker, its Rector, and its corporate seal to be
hereunto affixed and attested by E. I. Carruthers, its Secretary,
in accordance with provisions of resolutions of said Rector
and Visitors of November 29th 1921, and of February 28th 1922,
copies of said resolutions being hereto attached as a part of
this contract; and said City of Charlottesville has caused
its name to be hereunto signed and its corporate seal
to be hereunto affixed by B. E. Wheeler, its Mayor, in
accordance with resolution of the Common Council of said City
adopted at meeting held on the 13th day of April 1922 and
concurred in by the Board of Aldermen at a meeting of said
Board held on the 17th day of April 1922.
RECTOR AND VISITORS OF THE UNIVERSITY
OF VIRGINIA
By C. Harding Walker
Rector
Attest:
E. I. Carruthers
Secretary Rector & Visitors of the University of Virginia
CITY OF CHARLOTTESVILLE, VIRGINIA
By B. E. Wheeler
Mayor
STATE OF VIRGINIA,
County of Northumberland, to-wit:
I, A.K. Cralle, a Notary Public in and for the County
aforesaid, in the State of Virginia, hereby certify that C.
Harding Walker, whose name is signed to the foregoing writing,
bearing date of April 18, 1922, has acknowledged the same
My commission expires the 4th day of April 1925
Given under my hand this 8th day of May 1922
Signed A. K. Cralle Notary Public
STATE of VIRGINIA,
County of Albemarle, to-wit:
I, Janet Whitlock, a Notary Public in and for the County
aforesaid, in the State of Virginia, hereby certify that B.
E. Wheeler, whose name is signed to the foregoing writing,
bearing date on April 18, 1922, has acknowledged the same
before me in my County aforesaid.
My commission expires the 25th day of May 1925
Given under my hand this 29th day of May 1922
(Signed) Janet Whitlock
Notary Public
| Board of Visitors minutes April 26, 1922 | |