or condemnation of real estate located in these two cities, and also the matter of expense to which these cities
<br />will be required to enter into in order to maintain certain streets and regulate traffic ineidental to the
<br />project. On motion of E.r. Humphries, seconded by Thos. P. Thompson, the following resolution was unanimously
<br />adopted:
<br /> ~/IEREAS, the Elizabeth River Tunnel. District was created by Chapter 130 of the Acts
<br />of Virginia of 1942, approved March i4, 1942, and the Elizabeth River Tunnel Commission was created by said Act
<br />as the governing body of smid District, and
<br /> ~REAS, said Act provides, among other things, that tolls on the Project stated
<br />therein may be continued, after the payment in full of all bonds lssued forkthe project and the interest thereonl,
<br />to effectuate the purposes of any agreement entered into by and between the Commission, the City. of Portsmouth.
<br />and ~he Count~ of Norfolk, Virginia, to compensate said city and county for any diminution of revenue due to the
<br />
<br /> WHEREAS, the cities of Norfolk and Ports z~outh will suffer the loss of taxable values
<br />by reason of the purchase and/or condemnation of certain real estate situated in the said cities which must be
<br />acquired by said District to construct and complete said project, and will also be required co build and main-
<br />tain certain streets and regulate traffic thereon incidental to said project; and
<br /> WHEREAS, the 'Commission is of the opinion that The tolls on that portion of the pro -
<br />ject designated as the 'Tunnel' should be continued after the payment in full of all bonds issued for the en
<br />tire project and ~he interest thereon (including the payment in full of all refunding bonds, if any) tx) accom -
<br />plish the purposes set forth herein, and
<br /> WHEREAS, it is the opinion of the Commission that the loss of taxable values and in -
<br />cidental cost of streets and traffic regulation to be sustained by. the cities aforesaid in connection with the
<br />proposed Bridge-Tunnel District is as follows:
<br />
<br />City of Portsmouth
<br />City of Norfolk
<br />
<br />$500,000.00
<br />$750,000.00
<br />
<br />whick said sum of $750,000.00 is subject to a credit for the amount to be paid as compensation for the destruc-
<br />tion of said Berkley Bridge, ~nd
<br /> WHEREAS, the Commission h~s received a legal opinion to the effect that it is not ex-
<br />pressly authorized by said Act ~o pay to the City of Norfolk o~ to the City of Portsmouth any compe~tio n for
<br />the loss of ta~ble values and incidental cost of streets and traffic regulation to he sustained by said cities
<br />by reaso~of the construction of said project, but the Commission is o~ the opinion that said Act ~nould be
<br />amended ~o.~uthorize and permit the payment~ from the eontin%t~tion of tolls on that portion of the project des -
<br />iguated as the 'Tunnel' to the City of Norfolk and the City of Portsmouth, pro rata, the sums hereinafter
<br />indicated, and - . .
<br /> NOW, THEREFORE, BE IT RESOLVED, ~hat ,the Elizabeth River Tunnel Commission does hereby:
<br />
<br /> (1) To the extent now or hereafter authorized by. law, the Conn~ission agrees to pay
<br />without interest, to the City of Norfolk and to the City of Portsmouth~ pro rata, in compensation for the loss
<br />.of maxable values and incidental cost of streets and trgffic regulation in said cities, the following: (a) To the City of Portsmouth 1- $500,000.00
<br /> (b) To the City of Norfolk - $750,000.00 which said sum of $750,000.00 is subject
<br /> ~o $ credit for the amount l~id as ~compens~tion for the destruction of the Berkley Bridge, provided, however,
<br /> tln~t all such payments as .stated herein shall be made .only from a continuation of the tolls on that portion of
<br /> the pro~ect~desiguated as the 'Tunnel', after having (1) first.paid in full from said tollsall bonds issued
<br /> forLthe~entire project and interest thereon (including the payment in full of all refunding bonds, if any),
<br /> ~) after having paid compensation to the City of Portsmouth_~nd County of Norfolk pursUgnt~o a resolution
<br /> this day adopted.
<br /> (~) Nothing contained hereinLshall prohibit said City of Norfolk or City of Ports-
<br /> mouth from wai~ing the benefits provided for herein in order~to obtain an earlier cessation of the tolls on
<br /> said project° Either of said cities may accept the provismons of their particular compensation as stated
<br /> herein.'
<br /> _ . It will be noted that the Commission at the time of the adoption of said resolution
<br /> was advised that its authority to enter into such a~contraet was not clearly granted by the Act. The General
<br /> Assembly, however, by Chapter 490 of the Acts of 1952, added to p~r~graph 13 the following language:
<br />
<br /> 'or in the even~ that the contint~tion of such tolls is necess~ry to acquire funds
<br />with which to reimburse the cities of Portsmouth and Norfolk for the loss ~o£ taxable values and incidental costs
<br />of streets and traffic controls and damage to utilities to be sustained by said cities by reason of the construe
<br />tion of said projec~ to such extent as may be mutually ~greed upon.~
<br />
<br /> Thereafter, the contraets referredto were~executed by the contracting Darties~ the
<br />contract with the City of Portsmguth Being actually for $491,P~7.88, the reduction being on account of payments
<br />theretofore made f0rtraffic lights and/or other street improvements.
<br />
<br /> Likewise, the contract with the City of Norfolk was actually for $~49,6~G.27, the
<br />reduction being occasioned by the Tunnel Commission's having paid .for the destruction of the old Berkley Bridge,
<br />which was the obligation of the City of Norfolk.
<br />
<br /> The two abovementioned contracts are basically like the prior contracts with
<br />the City of Portsmouth and the County of Norfolk~ and might be' termed 'third mortgages' on the Commission's
<br />revenues. The payments to become due thereunder are withoutintereSt and the contracts.identicallanguage ~to
<br />that in theother agreements with respect ~o anticipation.
<br />
<br />DEBT ANALYSIS
<br />
<br /> In order to analyze the Commission's~bond indebtedness, it is necessary to pro~ez
<br />the same as of a particular date, and becguse mn interest period d~te is a convenient one, the indebtedness on
<br />account crake $~3,000,000.00 bond issue~has been computed for the purpose of this paper as of A~st l, 1958.
<br />
<br />rich:
<br />
<br />The Commission's Comptroller, ~r.
<br />
<br />Bonds Outstanding July 1, 1958
<br />Less: Bonds catled for August 1, 1958
<br />Bonds that will be ~t~nding as of August 2, 1958
<br />
<br />Taliaferre, hassupplied the following computa-
<br />
<br /> $ 18,375,000.00
<br /> 373,000.00
<br /> $ 18,002,000.00
<br />
<br />
<br />
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