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January 12. 1971
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<br />At a regular meeting of the City Council, held on JanuarM 12, 1971, there were present:
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<br />Jack P. Barnes, James W. Holley, Burrell R.Johnson, Isaac W. King, ~. Irvine Smith, Raymond B. Smith,
<br />Raymond Turner, A. P. Johnson, Jr., City Manager, and M. A. Korb, Jr., City Attorney.
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<br />The meeting was opened with prayer by Mr. King.
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<br />71-1 - The Mayor presented Resolutions of appreciation to the following:
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<br />Mr. Marshall D. ~vens, for his services with the Parks and Recreation Commission
<br />Judge James A. Overton, for his services with the Portsmouth Housing Authority
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<br />71-2 - The following hearing on City C~arter changes was held:
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<br />"RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO AMEND THE
<br />CHARTER OF THE CITY OF PORTSMOUTH.
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<br /> WHEREAS, Sections 15.1835 and 15.1912 of the Code of Virginia, 1950, as amended, pro-
<br />vide for amendment of city charter upon the holding of a public hearing and request of the
<br />City Council to the General Assembly; and
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<br /> WHEREAS, the City Council is of the opinion that certain amendments to the Charter of
<br />the City of Portsmouth are necessary and desirable at this time and has held the public
<br />hearing required by law.
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<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that
<br />the City Attorney is hereby directed to prepare and transmit to the General Assembly, togethe
<br />with certified copies of this resolution, drafts of bills amending the Charter of the City
<br />of Portsmouth by amending §§ 2.07, 2.09, 6,01, 6.06, 6.07, 9.02 and 9.05 of the Charter to
<br />read as follows:
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<br />2.07. Emiment Domain---Cevtificates.
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<br />(a)
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<br />(b)
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<br />(a)
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<br />Certificates issued pursuant to §§ $~-$~-~ 33.i-~2~ to ~$8-~ 33.1-129, ~mctusive,
<br />Code of Virginia, 1950, as amended, and all a--~-~endatory ther~-~ ~ supplemental
<br />thereto~ may be issued by the city, signed by the city manager. Such certificate
<br />shall have the same effect a~ certificates issued by the State Highway Commissioner,
<br />under the aforesaid laws, aha may be mssued in any case in which the city proposes
<br />to acquire property of any kind by the exercise'of its powers of eminent domain for
<br />any lawful purpose, whether within or without the city.
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<br /> In addition to the powers conferred by the aforesaid iaws, such certificates may be
<br /> amended o~ cancelled by~t~ c~rt ~aving j~r~sdiction of the proceedings, upon
<br /> petition or motion of the city, at any time after the filing thereof, provided that
<br /> the co,urt shall have jurisdiction to make such order for the payment of costs and
<br /> damages, if any, or the refund of any e~cessive sums theretofore paid pursuant to
<br /> such certificate as shall, upon due notice and hearing, appear just. The court shal~
<br /> have ~urisdiction to require mefunding bonds, for good cause shown by the city or
<br /> any ooher person or party in interest, prior to authorizing any distribution of fundp
<br /> pursuant to any Certificate issued or deposit made by the city.
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<br />2.09. Sale of City Rights in Water Front, Streets Utilities, Works, etc,
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<br />The rights of the City of Portsmouth in and to its water front, wharf property,
<br />public landings, wharves, docks, streets, avenues, parks, bridges and other public
<br />places, and its gas, water and electric works, shall not be sold, except by a re-
<br />solution ~ssed by a recorded affirmative vote of three-fourths of all the members
<br />elected to the council.
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<br />(b)
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<br />No Franchise, lease, or right of any kind to use any such public property~or any
<br />other public property or easement of any description in a manner not permitted to th
<br />general public shall be granted for a longer period than forty years except for air
<br />rights together with easements for columns of support,~which may be granted for a
<br />period not exceeding sixty years.
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<br />Before selling any such property, and before granting any franchise, privilege,
<br />lease, or right of any kind to use any public property or easement of any descriptioD,
<br />for a term in eXcess of five years, except in the case of and for a trunk railway,
<br />the city shall first, after due advertisement, receive bids therefor publicly. Such
<br />advertisement shall be published for at least three days in a newspaper published
<br />in, or having a general circulation in, the City of Portsmouth~ Such bids may be
<br />upon such ~erms and may be received in such manner as the city~anager may determin~
<br />unless the council shall direct otherwise.
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<br />Such grant, and any contract in pursuance thereof,~may provide that upon the termi-
<br />nation of the grant, the plant as well as the property, if any, of the grantee in
<br />the streets, avenues, and other public places shall thereupon, without compensation
<br />to the grantee, or upon the payment of a fair va--~tion therefor,, b---~me the propert~
<br />of the city; but t---he grantee shall be entitled to no payment by reason of the
<br />franchise. Any such plant or property acquired by the city may be sold or leased
<br />or, unless prohibited by general law maintained, controlled,~and operated by the
<br />city. Every such grant shalls~speoify the mode of determining any valuation therein
<br />~r~vided f~r and s~al~ ~ake adequate provisions by way of forfeiture of the grant,
<br />or otherwise, t_po secure efficiency Of public service at reasonable rates and the
<br />maintenance of the property i_~n:~good order throughout the term of the grant.
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