Minutes 06/28/1966 - Laserfiche WebLink

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June 28th, 1966 At a regular meeting of the City Council, held on June 28th, 1966, there were present: R. Irvine Smith, John L. Dillon, Burrell R. Johnson, A.P. Johnson,Jr.., City Manager, The meeting was opened with prayer by Mr. Dillon. LtL. Knight, W.T. Leafy, The following reports from the City Manager were read: 66-159 "I submit the a~tached Port Facility Contract between th~ Virginia State Ports Authority and the City of Portsmouth, and recommend that it be approved, subjecE to a minor change. This change will be the clause pertaining re the City of Portsmouth's payments toward the consrruc~lon of the marine terminal. It was originally planned that the ~tate and Cify would each deposit $3,600,000. in the construction fund. This has been changed to allow the funds to be deposited in the consTruc- tion fund as needed, on a quarterly basis. This approval would be subject to final review and approval by the City Attorney." On motion, action was deferred until a called meeting to be held on Friday, July 1st. 66-160 - "I submit the attached agreement between the Virginia Elect rfc and Power Company and the City of Portsmouth, and recommend that the proper city officials be authorized to sign. This grants the Virginia Electric and Power Company an easement to place a guy wire on city owned property in connec- tion with the instalIation of a pole just west of the southern intersection of Southern Avenue and Jackson St. The installation of this pole is necessary for a new power line re serve the expanding facilities of the Columbia Yacht Corporation. Since preparing the agenda, I have also received an additional agreement between the Virginia Electric and Power Company ~ and the City of Portsmouth, for a power line easement to pro- vide electrical service for the new Public Works buildings. I also recommend that the proper city officials be authorized to sign." Motion of Mr. Dillon to concur in the re9ommendation of the City Manager and that the proper city officials be authorized to sign, was adopted, without dissenting vote. 66-161 - "I submif the attached resolution and recommeud its adoption. This autho - rizes the City re proceed with condemnation proceedings with reference to certain oyster rights adjacen~ to the new marine terminal in Pinners Point. It is aecessary To acquire these rights in order that a channel can be dredged for the new marine terminal." On motion of Mr. Knight, the following resolution was adopted, without dissenting "A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN I~ERESTS IN PROPERTY BY THE CITY OF PORTSMOUTH UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTER 229 OF THE ACTS OF ASSEMBLY OF 1966, SAID PP~PERT¥ BEING NECESSARY FOR THE DREDGING OF A CHANNEL TO SERVE CERTAIN PORT FACILITIES BEING PROVIDED JOINTLY BY THE CITY OF PORTSMOUT~ AND THE VIRGINIA STATE PORTS AUTHORITY. WHEREAS, the City of Portsmouth and the Virginia StaTe Ports Authority are jointly engaged in a projec~ to provide certain port facilities ar Pinners Point in Portsmouth, Virginia; and WHEREAS, the City of Portsmouth must provide the site for said port facilities, including certain areas lying in the Elizabeth River partly within the City of Portsmouth and partly within the ~ City of Chesapeake, the greater portion thereof lying situate in the City of Portsmouth, for dredging of a channe~ To reach said port facilities, which proposed dredging area ~s allegedly under an oyster ground assignmen~ granted pursuant ~o stature; and WHEREAS, the City of portsmouth has found it to be necessary to acquire the inter- esrs in proper~y hereinafter specified, in and To the hereinafter described parcel of land situate in the City of Portsmouth and the City of Chesapeake, Virginia, for the purpose of dredging a channel to serve said port facilities; and WHEREAS, the City of Portsmouth has nor be~n able ~o purchase said property rights which are necessary To this pro3ecT because the alleged owner thereofLand the City have not been able re agree upon the price ~o be paid therefor, the said owner being a non-resident, and his title thereto being subject ~o serious questinn: and WHEREAS, advancement of the work and occupancy of said port facilities will be de- layed unreasonably if the said interests in property are no~ made available as soon as possible. NOW,TB~,REFORE, be it resolved by the Council of the City of Portsmouth, Virginia: Section 1. The City Attorney is directed to institute eminent domain proceed- ings, employing counsel for that purpose, against the interests in property herein- after described, for the purpose of acquiring fee simple title therein, in accord- ance with and pursuant to Section 23-f of the Charter of the City of Portsmouth (Chapter 229 of the Acts of Assembly of 1966), and to deposit to the credit of the Court as provided by law the sum hereinafter specified to compensate the al- leged owner of the said interests in land, as follows: All right, title and interest, if any, of John A. Diamond, his successors and assigns, in and to an alleged assignment of oyster planting grounds situate in the City of Portsmouth and in the City.of Chesapeake~ Virginia, lying in the Eliza- beth River off the Pinners Point section of the City of Portsmouth, said to contain 44.25 acres, having been originally assigned to J H Miles & Co. Inc. on September l, 1937, in Oyster District No. 21, Norfolk County, the survey of which appears of record in Oyster Book l, page 27, in Lthe Clerk's office of Sthe Circuit Court of the City of ~hesapeak~, and which was allegedly assigned to John A. Diamond on October 4, 1965, by virtue of a transfer instrument dated March ll, 1965, true copies of said transfer instrument, original assignment and Conm~onwealth of Vir- ginia, Commission of Fisheries survey (file no 4205) being attached hereto. The amount to be deposited with the Clerk is $1,000.00."