|
March 12, 1968
<br />
<br /> WHEREAS, in accordance with and in reliance of the views of the City Attorney and special legal
<br />counsel for the City of Portsmouth, the Council of the City of Portsmouth deems the arbitration provisions
<br />of said contract to be revoc~fole and unenforceable~ and said contract, in its entirety, to be te~lab!e
<br />by the City of Portsmouth after reasonable notice of the termination is given to the City of Suffolk;
<br />and
<br />
<br /> ~EREAS, the Council of the City of Portsmoutk deems it advisable and in the best interest of said
<br />City and its citizens that the arbitration provisions of said contract be forthwith revoked and annulled,
<br />and that said contract~ in its entirety, be terminated, e~rectlve at 12 o~clock noon on March 30, 1973; and
<br />
<br /> I~HEREAS, the City of Portsmouth is willing to enter into a new cpmtract with the City of Suffolk,
<br />whereby the City of Portsmouth willffU~lish water to the City of Suffolk and its inhabitants for a
<br />reasonable period of time not exceeding thirty years, and on such terms as the Councils of the City of
<br />Portsmouth and the City,of Suffolk shall deem mutually fair and reasonable and shall approve by suitable
<br />resolutions duly adopted by them.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia:
<br />
<br /> 1. That all the provisions of said contract relating to arbitration shall be and are hereby revoked
<br />and annulled, and the Council of the City of Portsmouth refuses to submit to arbitration the water rates
<br />applicable to consumers in th~ City of Suffolk, and refuses to appoint an arbitrator, as requested by the
<br />Council of the City of Suffolk.
<br />
<br /> 2. That said contract, in its entirety, shall be and is hereby terminated, cancelled and ended,
<br />effective at 12 o'clock noon on March 50, 1975.
<br />
<br /> 5. That the Council of the City of Portsmouth is willing to negotiate and enter into a new contract
<br />with the City of Suffolk, whereby the City of Portsmouth will furnish water to the City of Suffolk and
<br />its inhabitants during a reasonable period of time, not exceeding thirty years, and on such terms as the
<br />Councils of the Cities of Portsmouth and Suffolk shall deem mutually fair and reasonable and shall approve
<br />by suitable resolutions duly adopted by them.
<br />
<br /> 4. That the City Manager of the City of Portsmouth shall pr~Jptly notify the City of Suffolk
<br />of the action taken in this resolution by sending copies of this resolution by U, S. Registered Mail to
<br />the Mayor and the City Manager of the City of Suffolk.
<br />
<br /> 5j That the City Mana£er of the City of Portsmouth shall promptly communicate with the City Manager
<br />of the City of Suffolk in an endeavor to initiate negotiations looking to the. execution of a new water
<br />contract between the two Cities (cancelling and superseding the existing contract) for such period not
<br />exceeding thirty years, and on such terms ~s shall be deemed by the Councils of such Cities to be mutually
<br />fair and reasonable.
<br />
<br /> 6. That before any new water contract between said Cities is executed, it shall be approved and the
<br />execution thereof shall be authorized by the Councils of the Cities of Portsmouth and Suffolk by suitable
<br />resolutions duly adopted by them."
<br />
<br /> 68-75 - "I submit the attached resolution and recommend its adoption. ~nis authorizes condemnation
<br />pr0c~edings for the acquisition of property in the right-of-way of the London-Glasgow street Expressway.
<br />1{e have not been able to reach an agreement on price with one owner and the other properties have title
<br />deficiencies."
<br />
<br />On motion of Mr. Leery the following resolution was adopted, without dissenting 'vote:
<br />
<br />"A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN PROPERTY BY /lie CITY OF PORTSMOLrFH UNDER
<br />EMINENT DOMAIN PROCEEDINGS PURSU/%N~f TO CHAPTER 229 OF THE ACTS OF ASSEi~IBLY OF 1966, SAID PROPERTY
<br />BEING NECESSARY FOR THE CONSTRUCTION, WIDENING .~4D IMPROV~qENT OF STATE HIGH,gAY ROUTE S8 FROM~
<br />THE INTERSECTION OF AIRLINE BOULEVARD /%ND HIGH STREET TO THE INrfERSECTION OF LONDON AND
<br />EFFINGH/~4 STREETS.
<br />
<br /> ~{EP~AS, in cooperation with the Federal and State governments, State Highway Route 58 is being
<br />constructed, widened andimproved from the intersection of Airline Boulevard and High Street to the
<br />intersection of London mhd Effingham Streets in the City of Portsmouth, Virginia; and
<br />
<br /> ~%]qEREAS, one of the obligations of the City of Portsmouth with respect to said project is the
<br />orovision of the land necessa!~/ for the construction; and
<br />
<br /> WHEREAS, the City of Portsmouth has found it to be necessary to acquire the interest hereinafter specifi
<br />in and to the hereinafter described oarcels of land situate in the City of Portsmouth, Virginia, for ~h
<br />purpose of constructing~ widening and improving the aforesaid State Highway Route 58; and
<br />
<br /> I~HEREAS, the City of Portsmouth has not been able to purchase the property described herein, necessary
<br />to the project, because the owners thereof and the City have not been abR~ to agree upon the nrice to be
<br />paid therefor, or the City has not been able to locate certain of the owners or because of the status of
<br />the title of certain oarcels of the property; and
<br />
<br /> 5MEREAS, advancement of the work and use of said State Highway Route 58 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 /> SECTION 1. The City Attorney is directed to institute eminent domain proceedings, employing special
<br />counse4~ for that purpose if he deem it advisable, against the property hereinafter described located
<br />along State Highway Route 58, for the purpose of acquiring fee simple title therein, in accordance with
<br />and pursuant to Section 25 (F) of the Charter of the City of Portsmouth (Chapter 229 of the Acts of
<br />
<br />
<br />
|