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December 12, 1967 <br /> <br /> 67-376 - The following resolution was read and on motion of Mr. Knight, referred to a <br />conference of the Council: <br /> <br /> "WHEREAS, the Council of the City of Suffolk has been advised that the City of Portsmouth has <br />increased its water rates for water supplied to consumers of water in the City.of. Suffolk, the <br />increased rates to apply on water consumed after Aggust 8, 1967; and <br /> I~HEREAS, pursuant to the provisions of the existing contract between the City of Portsmouth and the <br />City of Suffolk, dated the 30th day of March, 1920, relating to the furnishing of water by the <br />City of Portsmouth to the City of Suffolk and the inhabitants thereof~ the right is reserved to <br />the City of Suffolk, in case the City Council thereof should be of the opinion that the then <br />prevailing rate or rates are excessive, to have the rate or rates submitted from time to time to <br />a Board of Arbitration to consist of three water works ~ngineers of established reputation, not <br />residing in the State of Virginia, one to be selected by the Council of Portsmouth, one by the <br />Council of Suffolk, and the third by the two thus selected; and <br /> I~EREAS, the Council of the City of Suffolk is of the opinion that the now prevailing rates <br />applicable to consumers of water in the City of Suffolk are excessive under the aforesaid contract. <br /> NOW~ THEREFORE, BE IT RESOLVED by the Council of the City of Suffolk, Virginia, as follows: <br /> 1. That the Council does hereby express its opinion that the now prevailing rates charged <br /> by the City of Portsmouth to consumers of water in the City of Suffolk are excessive under the <br /> said contract dated the 30th day of Hatch, 1920. <br /> 2. That the Council does hereby request the City of Portsmouth for arbitration of the rates <br />charged consumers of water in the City of Suffolk 8nd that the issue be submitted to. a <br />Board of Arbitration to consist of three water works engineers of established reputation, not <br />residing in the State of Virginia, one to be selected by the Council of Portsmouth, one by the <br />Council of Suffolk, and the third by the two thus selected, as set forth in the said contract. <br /> $. That the principle to be adop-ted by the board of Arbitration intthe determination of the <br />rates charged consumers of water in the City of Suffolk shall be as set forth in the aforesaid contract <br />between the City of Portsmouth and the City of Suffolk dated the 50th day of March, 1920. <br /> 4. That the Council of the City of Portsmouth is hereby requested to forthwith select a member <br />of the said Board of Arbitration pnrsuant to the provisions of the aforesaid contract, to prevent <br />further loss to the consumers of water in the City of Suffolk under said contract. <br /> 5. That the Council of the City of Suffolk proceed forthwith to select a member of the said <br />Board of Arbitration pursuant to the ~rovisions of the a~oresaid contract. <br /> 6. That M. Erskine Watkins, City Attorney, be, and he is hereby, authorized to retain on <br />behalf of the City of Suffolk legal counsel to assist him in carrying out all necessary legal work <br />to accomplish the aims set forth herein, including, if necessary, legal proceedings of every <br /> <br /> 7. That the said City Attorney and his assistant are hereby authorized in the name of the City <br />of'Sdffolk to do any and all things of every nature, including all necessary legal proceedings, <br />to enforce the terms of the aforesaid contract and prevent further monetary loss to consumers of <br />water in the City of Suffolk~ <br /> 8. That J. C. Causey, Jr., City Manager of the City of Suffolk is hereby authorized and <br />directed on behalf of the City of Suffolk to execute any bond or bonds required by any court <br />in any legal proceedings instituted by said attorneys pursuant hereto. <br /> 9. That a copy of this resolution, as due notice, be sent by the City Clerk, by registered <br />mail, to the Honorable R. Irvine Smith, Mayor of the City of Portsmouth, and a copy be duly served upon <br />said Mayor." <br /> <br />On motion adjourned. <br /> <br />APPROVED: <br /> <br />President <br /> <br />City C~terk <br /> <br /> <br />