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July 13. 1971
<br />
<br /> On motion of Mr. Turner and seconded by Mr. Irvine Smith, the following ordinance was
<br />approved on first reading, and by the following vote:
<br />
<br />"AN ORDINANCE TO APPRPRIATE $475,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT
<br />FUND FOR CONSTRUCTION OF ELMHURST LANE AND DRAINAGE FACILITIES."
<br />
<br />Ayes: Holley, Johnson, King, Irvine Smith, Raymond Smith, Turner, Barnes
<br />Nays: None
<br />
<br /> On motion of Mr. Johnson, and seconded by Mr. Turner, Birsch Construction Company, being
<br />the low bidder, was awarded the contract by the following vote:
<br />
<br />Ayes: Holley, Johnson, King, !rvine Smith, Raymond Smith, Turner, Barnes
<br />Nays: None
<br />
<br /> 71-301 - "I submit the attached ordinance and recommend it be placed on first reading.
<br />This amends the Code pertaining to the trash and garbage fee.
<br />
<br /> The present ordinance stipulates that the fee will be collected in advance. Since
<br />the trash and garbage fee is being billed on the water bill and we use a staggered billing
<br />system, the requirement for collection in advance is impractical.
<br />
<br />This amendment removes the wording "in advance."
<br />
<br /> On motion of Mr. Raymond Smith and seconded by Mr. Irvine Smith, the foll~wi~ ordinance
<br />was approved on first reading and by the following vote:
<br />
<br />"AN ORDINANCE TO AMEND SECTION 13-27 OF THE CODE OF THE CITY OF PORTSMOUTH,
<br />VIRGINIA, 1961, PERTAINING TO BILLING AND COLLECTION PROCEDURES FOR TRASH
<br />AND GARBAGE COLLECTION SERVICE."
<br />
<br />Ayes: Johnson, King, Irvine Smith, Raymond Smith, Barnes
<br />Nays: Holley, Turner
<br />
<br /> 71-302 - "I submit the attached resolution and recommend its adoption. This authorizes
<br />condemnation proceedings to acquire property for the Sohthside Fire Station.
<br />
<br /> These proceedings
<br />the property. This is
<br />Elm Avenue."
<br />
<br />are necessary as the property owner cannot deliver clear title to
<br />for the fire station to be constructed at Portsmouth Boulevard and
<br />
<br /> On motion of Mr. Irvine Smith and seconded by Mr. Raymond Smith, the following reso-
<br />lution was adopte~ and by the following vote:
<br />
<br />"A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN PROPERTY BY THE
<br />CITY OF PORTSMOUTH, VIRGINIA, UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT
<br />TO CHAPTER 471 OF THE ACTS OF ASSEMBLY OF 1970, SAID PROPERTY BEING NECESSARY
<br />FOR THE CONSTRUCTIO~ OF A FIRE STATION TO BE LOCATED ON THE NORTHEAST CORNER
<br />OF ELM AVENUE AND PORTSMOUTH BOULEVARD.
<br />
<br /> WHEREAS, the City of Portsmouth has found it necessary to acquire the interest here'
<br />inafter specified in and to the hereinafter described parcel of land situate in the City
<br />of Portsmouth, Virginia, for the purpose of constructing a fire station; and
<br />
<br /> WHEREAS, the City of Portsmouth has not been able to purchase the property described
<br />herein, necessary to the project, because the owners thereof and the City have not been able
<br />to agree upon the price to be paid therefor; and
<br />
<br /> WHEREAS, advancement of the work and use of said project will be delayed unreasonably
<br />if the 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, for the purpose of acquiring
<br />fee simple title therein, together with any and all easements of access, light or air in-
<br />cident to the lands of the landowner abutting upon said property, in accordance with and
<br />pursuant to Sections 2.06, 2.07 and 2.08 of the Charter of the City of Portsmouth (Chapter
<br />471 of the Acts of Assembly of 1970), and to deposit to the credit of the court as provided
<br />by law the sum hereafter specified to compensate Vivian Whitten, the owner of the hereinafter
<br />described property.
<br />
<br />2. The property to be acquired hereunder is described as:
<br />
<br /> All that certain lot, piece or parcel of land situate in the City of
<br />Portsmouth, Virginia, with the improvements thereon, designated as lot
<br />number seventeen (17) in Block FiftyThree (53) on the Plan of Brighton,
<br /> as recorded in Map Book 21 pages 3235 in the Clerk's Office of the Circuit
<br /> Court of the City of Chesapeake, and also being known and numbered as
<br /> 1118 Portsmouth Boulevard.
<br />
<br /> It being the same property one-half interest in which was conveyed
<br />to said Vivian Whitten by deed of Alfred L. Mackey recorded in Deed Book
<br />379 page 39J?ig~heZCle~k's Office of the Court of Hustings for the City
<br />of Portsmouth and one-half interest in which was passed by descent to
<br />said Vivian Whitten by Mary Elizabeth Williams Rivers who died intestate
<br />
<br />
<br />
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