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255 <br /> <br />November 25, 1975 <br /> <br />ground connections, equipment, accessories and appurtenances desirable in connection <br />therewith as set forth in the Olde Towne Conservation Project; and <br /> <br /> ~EREAS, the City of Portsmouth has not been able to purchase the property described <br />herein, necessary to the project, because the owners thereof in the City have not been <br />able to agree upon the price to be paid therefor; and <br /> <br /> WHEREAS, advancement of the work and use of the said project will be delayed unreasonabl' <br />if said property is not made available as soon as possible. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the CoUncil of the City of Portsmouth, Virginia: <br /> <br /> 1. The City Attorney is directed to institute eminent domain proceedings against <br />the following property situate in the City of Portsmouth, Virginia, for the purpose <br />of acquiring the perpetual right, privilege and easement of rightof way for the purpose <br />of construction, operation and maintenance of one or mere underground cables and conduits <br />as may from time ko time be expedient or advisable for the purpose of transmitting electric <br />power, including all wires, attachments, ground connections, ~quipment, accessories <br />and appurtenances desirable in connection therewith, in accordance and pursuant tO Section <br />2.06, 2.07 and 2.08 of the Charter of the City of Portsmouth (Chapter 471 of the Acts <br />of Assembly of 1970, as amended) and to deposit to the credit of the Clerk of the Circuit <br />Court of the City of Portsmouth as provided by law the sum hereinafter specified to <br />compensate the owners of the parcel of:land designated as. Parcel "B" on that certain <br />plat entitled "R/W 51575, Plat Showing 10 Foot:UtiIity Easement Acquired For Olde Tewne <br />Conservation Project'~, dated October 23, 1975, prepared by the Department of Engineering, <br />City of Portsmouth, reference to said plat being made for a more particular description <br />of the property. A copy of said plat is attached hereto. <br /> <br /> 2. The name of the property owner are Fred F. Odell. and James E. Tucker. The amount <br />to be paid is $204.00." . <br /> <br />Ayes: Barnes, Early, Blliott, HOlley, Oast, Wentz, Davis <br />Nays: None <br /> <br /> 75-496 - The following ordinance, deferred from meeting of November 11, 1975, was~taken <br />up and read:- <br /> <br /> "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1975, <br /> BY ~IENDING THAT PORTION~OF 6-8 NUMBERED SECTION 118 62 OF THE BASIC BUILDING <br /> CODE PETAINING TO BOND FOR SIGN OWNERS." <br /> <br /> Arthur Williams, 3103 Airline Boulevard, spoke requesting clarification of the <br />ordinance. <br /> <br /> On motion of Mr. Wentz and seconded by Mr. Early, the ordinance was adopted on first <br />and final reading, and by the following vote: <br /> <br />Ayes: Barnes, Early, Elliott, Oast, WBntz, Davis <br />Nays: Holley <br /> <br /> 75-498 - The following ordinance, approved on first reading at regular meeting of <br />November 11, 1975, was taken up and read: <br /> <br />"AN ORDINANCE TO APPROPRIATE $16,0~00 FROM THE CAPITAL IMPROVE~{ENT FUND FOR <br />EMERGENCY REPAIRS OF A PUBLIC BUILDING." <br /> <br /> On motion of Mr. Wentz and seconded by Mr. Elliott, the ordinance was adopted, and by <br />the following vote: <br /> <br />Ayes: Barnes, Early, Elliott, Holley, Oast, Wentz, Davis <br />Nays: None <br /> <br /> 75-501 - Ihe following Planned Unit Development applications were deferredffrom meeting <br />of November 11, 1975: <br /> <br />PUD-72-1 <br />PUD-72-2 <br />PUD-72-2 <br /> <br />Peachtree Planned Unit Development <br />- Southampton Planned Unit Development <br />Long Point Planned Unit Development <br /> <br /> Motion of Mr. Wentz and seconded by Mr. Early to concur in <br />Planning Commission, to remain in effect throughout the coming <br />unanimous vote. <br /> <br />the recommendation of the <br />year 1976, was adopted by <br /> <br /> 75-427 - The following ordinance, deferred from meeting of November 11, 1975, was taken <br />up and read: <br /> <br />"AN ORDINANCE TO AMEND ARTICLE II, C}~PTER 32 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1973, BY ADDING SECTIONS 32-60.1, 32-60.2, 32-60.3, <br />52-60.4, 52-60.4i 32-60.5, 32-60.6, 32-60.7, 52-60.8, 32-60.9, 32-60.10, <br />52-50.11, 32-60.12, 32-60-13, 32-60.14~AN~ 32-60.15 THERETO, ALL SUCH <br />SECTIONS PERTAINING TO EROSION AND SEDIMENT CONTROL." <br /> <br /> Benjamin J. Levy, Attorney, representing Tidewater Builders Assn., spoke against the <br />ordinance prior to the amendments. <br /> <br />A. P. McLean, Jr., Builder, representing Cavalier Builders, spoke against the ordinance <br /> <br /> <br />