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91 <br /> <br />A RESOLUTION~AUTHORIZING THE CITY ATTORNEY TO PETITION <br />THE CIRCUIT COURT OF PORTSMOUTH TO ENABLE THE CITY TO <br />MAINTAIN MT. OLIVE CEMETERY, MT. CALVARY CEMETERY, <br />FISHER CEMETERY, EBONY HEIGHTS CEMETERY AND BARCLAY <br />CEMETERY. <br /> <br /> WHEREAS, the herein-named cemeteries are private <br />cemeteries not owned by any church or the City; and <br /> <br /> WHEREAS, the owners thereof have abandoned the same <br />and~have allowed the property to fall into a condition <br />of neglect and disuse so that it is unsightly and <br />thereby lessens the desirability of adjacent land; and <br /> <br /> WHEREAS; the owners ha~ either failed or refused <br />to remedy'such condition of neglect when requested or <br />the City has been unable to contact the owners <br />pertaining to maintenance of said cemeteries; and <br /> <br /> WHEREAS, Section 57-39.1, Code of Virginia, 1950, <br />as amended, provides that the City may petition the <br />Circuit Court to require-the owners of private <br />cemeteries to place the same in suitable condition or to <br />allow the petitioner to enter upon ~he land to place the <br />same in a suitable condition; and <br /> <br /> WHEREAS, the City Council deems it <br />best interest of the City to place said <br />suitable condition. -"- <br /> <br />to be in the <br />cemeteries in <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of <br />the City of Portsmouth, Virginia, that the City Attorney <br />be, and he hereby is, authorized to petition the Circuit <br />Court of Portsmouth, pursuant to Section 57-39.1, Code <br />of Virginia, to enable the City to maintain Mt. Olive <br />Cemetery, Mt. Calvary Cemetery, Fisher Cemetery, Ebony <br />Heights Cemetery and Barclay Cemetery. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held August 26, 1986. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />