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October 8, 1968
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<br />R~SQLUTION
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<br /> 'WF£REAS, the Council of the Cz'tM of Suffolk by resolutions adopted DeCember 7, 1967, and December 27,
<br />1967, appoihted an arbitrator and requested the.Council of the City of Portsmouth to submit to arbitration
<br />On rates charged by it for water ~o consumers of the Suffolk Diwz's~on of Portsmouth's Water Department, as
<br />provided by the water supply contract dated March $0, 1~20, between the City of Suffolk and the City of
<br />Portsmouth; and
<br />
<br /> WHEREAS, the Council of the City of Portsmouth refused to proceed with arbitration, as provided by the
<br />contract, and advised Suffolk of this action by letter dated January lO, 1968; and
<br />
<br /> I~REAS, the General Assembly of the Commonwealth of V~rginia has amended and reermated Sec. 8-503 of
<br />the Code of Virginia, relating to agreements to arbitrate, effective June 28, 1968.
<br />
<br />NOW, THEP~FOPd~, BE IT RESOLVED by the Council of the City of Suffolk, Virginia, as follows:
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<br />1. That the resolutions of the Council adopeed December ~, 1967, and December 27, 1967, be,
<br /> and they hereby are, reaffirmed.
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<br />That the Council does hereby again demand teat the City of Portsmouth. comply with its agree-
<br />ment to arbitrate, as set forth in the contract, and that the City of PortSmouth advise the
<br />Council of the City of Suffolk of Portsmouth's action in this respect not later than ten days
<br />from the date of Portsmouth's receipt of a certified copy of this resolution.
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<br />3. That a true copy of this resolution, as due notice, be sent by the City Clerk, by registered
<br /> mail, to the Honorable J. P. Barnes~ Mayor of the City of Portsmouth.
<br />
<br />Adopted by the Council: SeptemBer 19th, 1968
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<br />A true copy teste:
<br />
<br />Henry C. Murden
<br />
<br />City Clerk'
<br />
<br />Motion of Mr. Holley to receive as information was adopted, without dissenting vote.
<br />The following resolution was presented and adopted, without dissenting vote:
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<br />"A RESOLUTION REAFFIRMING A RESOLUTION ADOPT~ MARCH 12, 1968 BY COUNCIL OE THE CITY OF PORTSMOUTH
<br />~ELATING TO THE WATER SERVICE CONTRACT DATED ~RCH $0, 1~20, BETWEEN THE CITY OF PORTSMOUTH~NDT~
<br />CITY OF SUFFOLK
<br />
<br /> WHEREAS, the Council of the City of Portsmouth at a meeting held on March 12, 1968, adopted a resolution
<br />(i) revoking and annulling the arbitration provisions of the contract dated March $0, 1920, between theCity
<br />of Portsmouth and the City of Suffolk, (ill refusing to submit to arbitration, or to appoint an arbitrator re-
<br />garding, the water rates chargeable under said contract, {iii) terminating and cancelling said contract in
<br />its entirety, effective at 12 o'clock noon on Marc5 $0, 1975, and ~iv)expressing the willingness of the
<br />Council of the City of Portsmouth to negotiate and enter into a new contract with the City of Suffolk and its
<br />inhabitants during a reasonable perio4 of time, not exceeding thirty years, on such terms as the Council of
<br />said Cities shall deem mutually fair and reasonable; and
<br />
<br /> WHEREAS, it has come to the attention of t~e Council of the City of Portsmouth that a resolution was
<br />adopted by the Council of the City of Suffolk on September 19, 1968, demanding, pursuant to the amendment to
<br />Section 8-505 of the Code of Virginia which became effective on June 28, 1968, that the Council of tee City
<br />of Portsmouth appoint an arbitrator for the purpose of determining the rates to be charged for water furnished
<br />pursuant to said contract; and
<br />
<br /> WHEREAS, the Council of the City of Portsmouth adheres to and desires to reaffirm its resolution of
<br />March 12, 1968 and all actions taken therein;
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<br />NOW,
<br />
<br />1.
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<br />THEREFORE, BE IT RESOLVED by the Council 4~ the City of Portsmouth, Virginia:
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<br />That said resolution adopted by the Council of the City of Portsmouth on March 12, 1968 and all
<br />actions taken therein shall be and are hereby in all respects ratified, approved and confirmed;
<br />and that, accordingly~ [i) all the provisions of the aforesaid contract of March $0, 1920, relating
<br />to arbitration have been revoked and annulled, (ii) the Council of the City of Portsmouth reiterates
<br />and reaffilws its refusal to submit to arbitration, or to appoint an arbitrator for the purpose of
<br />determining the rates to be charged for water furnished pursuant to said contract, (iii) said con-
<br />tract in its entirety has been terminated and cancelled, effective at 120o'clock noon on March 50,
<br />1973, and [iv) the Council of the City of Portsmouth is willing to negotiate and enter into a new
<br />contract with the C~y of Suffolk whereby the City of Portsmouth will furnish water to the City of
<br />Suffolk and its inhabitants during a reasonable period of time, not exceeding thirty years, on such
<br />terms as the Councils of said Cities shall deem mutually fair and reasonable and shall approve by
<br />suitable resolutions duly adopted by them.
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<br />That said contract of ?4arch 30, 1920, or any of the rights, interest orobligations thereunder,
<br />could not be and has not been in any way altered, affected, impair~ or enlarged by the amendment
<br />to Section 8z505 of the Code of Virginia which became effective on June 28, 1968.
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<br />That the City Manager of the City of Portsmouth shall promptly notify the City of Suffolk of the
<br />actions taken in this resolution by sending copies of this resolution by United States registered
<br />mail to the Mayor and the City Manager of the City of Suffolk.
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<br />That nothing herein contained is intended to, or shall be construed to, alter, affect or impair in
<br />any way said resolution adopted by the Council of the City of Portsmouth on March 12, 1968; and
<br />it shall remain in full force and effect.
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