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September 25, 2001 <br /> <br />- City Manager's Report - <br /> <br />01 - 272 - Adoption of a resolution authorizing the City Attorney or his designee to <br />acquire by eminent domain proceedings properties necessary for the construction of the <br />new Brighton Elementary School. <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution authorizing the City Attorney or his designee to institute <br />eminent domain proceedings to acquire necessary properties for the new Brighton <br />Elementary School site. <br /> <br />Purpose and Need: <br /> <br />· Twelve properties need to be acquired from private property owners in order to <br />complete the site for the new Brighton Elementary School. <br /> <br />· The City has agreed to assemble the outstanding parcels for the site. <br /> <br />· The City will attempt to negotiate purchase of the properties from the property <br />owners utilizing the Portsmouth Redevelopment and Housing Authority as its agent. <br /> <br />· In the event that the City is unsuccessful in reaching a negotiated purchase of the <br />properties, it needs to be able to commence eminent domain proceedings quickly so as <br />not to jeopardize the projected 2003-2005 construction schedule. The new school is <br />scheduled to open in Fall of 2005. <br /> <br />· The City Charter requires that the City Council adopt a resolution authorizing the <br />City Attorney to commence eminent domain proceedings. <br /> <br />· The current assessed value of the properties is $234,470. <br /> <br />Financial Impact: <br /> <br />· The costs of acquiring the properties will be included in the project costs and will be <br /> funded as a capital improvement. <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Pitts, to adopt the following resolution, <br />and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO <br />ACQUIRE BY EMINENT DOMAIN PROCEEDINGS PROPERTIES NECESSARY FOR <br />THE CONSTRUCTION OF THE NEW BRIGHTON ELEMENTARY SCHOOL. <br /> <br /> WHEREAS, the Council of the City of Portsmouth, Virginia has determined that it <br />is in the public interest and a public necessity to construct the new Brighton Elementary <br />School; and <br /> <br /> WHEREAS, the advancement of the work and use of the property cannot <br />proceed until it has been acquired, and the use of the property will be unreasonably <br />delayed if the property is not made available as soon as possible. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> That the City Attorney or his designee be, and he hereby is, directed to institute <br />eminent domain proceedings or cause such proceedings to be instituted against the <br />hereinafter described properties situate in the City of Portsmouth, Virginia, and the listed <br />owner(s) and any successors in interest, for the purpose of acquiring fee simple title <br />thereto pursuant to Sections 2.06 and 2.08 of the Charter of the City of Portsmouth, as <br />amended, said properties being designated as: <br /> <br /> <br />