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February 7~ 1968
<br />
<br />At a called meeting of the City Council, held on February 7, 1968, there were present:
<br />
<br />R. Irvine Smith, Jack P. Barnes, George D. Eastes, Burrell R. Johnson, Isaac W. King, L, L. Knight,
<br />W. T. Leafy, A. P. Johnson, Jr., City ~{anager; M. A. Kerb, Jr., City Attorney, and R. D. Ottavio,
<br />City Auditor.
<br />
<br />The meeting was opened with prayer by Mr. King.
<br />
<br />The following call for the meeting was read:
<br />
<br /> "Please attend a called meeting of the City Council, to be held in the City Council Chamber,
<br />at S:O0 p.m., on Wednesday, February, 7, 1968, to consider a. resolution ratifying, validating,
<br />confirming, and approving the assignment of the lease for Portsmouth Marine Terminal with the
<br />Virginia State Ports Authority from the City of Portsmouthtto the Portsmouth Port and Industrial
<br />Commission. ~¢
<br /> By order of the President."
<br />
<br />The following letter from the City Manager was read:
<br />
<br /> 68-29 - "I submit the attached resolution and recommend its adoption. This validates
<br />and approves the assignment of the lease to the Portsmouth Port and Industrial Commission that the
<br />City holds with the Virginia State Ports Authority.
<br /> This lease covers the property where the Narine Terminal is being congtructed,
<br /> The Bond Attorneys have required that it be recorded by vote for the assignment
<br />of this lease."
<br />
<br />On motion of Mr. Knight, the following resolution, was adopted, and by the following vote:
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<br />"A RESOLUTION VALIDATING, RATIFYING, CONFIRMING, AND APPROVING THE ASSIGNMENT OF THAT
<br />CERTAIN AGREES]ENT OF LEASE WITH THE VIRGINIA STATE PORTS AUTHORITY DATED JULY 1, 1966,
<br />BY THE CITY OF PORTSMOUTH TO THE PORTSMOUTH PORT AND INDUSTRIAL CO~glISSION.
<br />
<br /> I~{EREAS, on September 12, 1967, the Portsmouth City Council authorized the assignment of the
<br />certain agreem~tof lease with the Virginia State Ports Authority dated July 1, 1966, by the City of
<br />Portsmouth to the Portsmouth Port and Industrial Conumission;and
<br />
<br /> }~EP~AS, at this time it is necessary or desirable to validate, ratify, confirm and approve
<br />said assi~m~ment.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia:
<br />
<br /> SECTION 1. Findings ~nd Determinations. By Ordinance No. 1966-56, adopted by this Council
<br />of the City of Portsmouth, Virginia, on' )uly 1], 1966, this Council approved the execution of an
<br />Agreement of Lease [Hereinafter referred to as the "Lease") dated as of July 1, 1966, between the Virginia
<br />State Ports Authority (hereinafter referred to as the "Authority") and the City of Portsmouth (hereinafter
<br />referred to as the "City") whereby the .Authority leased to the City the land conveyed to the
<br />Authority, pursuant to the terms of the Port Facility Contract, dated as of June 1, 1966, between
<br />the Authority and the City, together with the port facilities to be erected thereon by the
<br />Authority in accordance with said contract. By resolution adoBted by this Cmmcil by voice vote
<br />on September 12, 1967, this Council approved the assignment to the Portsmouth Port and Industrial
<br />Commission (hereinafter referred to as the "Commission") of the Lease and all rights of the City
<br />thereunder so that the property to which the lease pertains would be operated by the Commission,
<br />such assignment being permitted by the Lease.
<br /> This Council hereby finds and determines that it is necessary, advisable and desirable that
<br />the aforesaid assignment of the Lease be validated, ratified, confirmed and approved by a record
<br />affirmative vote of at least six members of this Council.
<br />
<br /> SECTION.2. Validation, Ratification, Confirmation and Approval of Assignment of the Lease.
<br />Each of the following ms hereby ratL.~ed, valzdated, con~rmed and approved: (1) the asslgr~ment
<br />and transfer of the Lease and all rights of the City thereunder by the City to the Commission
<br />(which assignment and transfer was approved by this Council by resolution adopted September 12, 1967);
<br />(ii) the instrument executed September 13, 1967, ~y officers of the City and the Commission
<br />evidencing such assignment and transfer ~y which the Commission assumed all agreements, covenants
<br />and obligations of the City contained in the Lease and understood that it became directly obligated
<br />and liable to the Authority in the performance of the Lease); and [iii) the execution of such
<br />instlnlment on behalf of the City.
<br />
<br />SECTION $. Effectiveness of Resolution. This resolution shall take effect immediately."
<br />
<br />Ayes: Smith, Barnes, Eastes, Johnson, King, Knight, Leafy
<br />Nays: None
<br />
<br />On motion adjourned.
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<br />APPROVED
<br />
<br />Presid%nt
<br />
<br />City Clerk
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<br />
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