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Auqust 8, 1995
<br />
<br /> "The Director of Public Utilities in consultation with our
<br />outside legal counsel in Suffolk and our City Attorney's staff
<br />is recommending condenmation (quick take) of a 1.4 acre site
<br />located on Nansemond Parkway in Suffolk for the construction of
<br />a booster water pumping station.
<br />
<br /> This water booster puanping station is required to meet
<br />future water demands in the North Suffolk, Western Branch,
<br />Churchland service area. A site evaluation study conducted in
<br />September of 1993 by the City's engineering consultant, HDR,
<br />recommended the acquisition of a 1.4 acre site adjacent to
<br />Nansemond Parkway in Suffolk for this facility.
<br />
<br /> The Director of Public Utilities and legal counsel agree
<br />that proceeding with condenunation of the property is in the
<br />best interest of Portsmouth to assure timely acquisition of the
<br />property and to fix the price at the current appraised value of
<br />$24,000.
<br />
<br /> I concur with this recommendation and ask that you approve
<br />the attached resolution."
<br />
<br /> Motion by Mr. Griffin, and
<br />adopt the following resolution,
<br />following vote:
<br />
<br />seconded by Mr. Martin,
<br />and was adopted by the
<br />
<br />to
<br />
<br /> "A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN
<br />PROPERTY OWNED BY UPTON FARMS, INC., FORMERLY UPTON PRODUCE
<br />COMPANY, INCORPORATED UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT
<br />TO THE CHARTER OF THE CITY OF PORTSMOUTH, SAID PROPERTY BEING
<br />NECESSARY FOR CONSTRUCTION OF A BOOSTER PUMPING STATION IN THE
<br />CITY OF SUFFOLK, VIRGINIA.
<br />
<br /> WHEREAS, the Council of the City of Portsmouth has
<br />determined it to be a public necessity to construct-a water
<br />booster pumping station at the end of the Churchland
<br />Transmission Main in the City of Suffolk, Virginia, to
<br />accommodate future flows; and
<br />
<br /> WHEREAS, the City has been unable to purchase the
<br />described property herein, necessary to the project, because
<br />the owner thereof, Upton Farms, Inc., formerly Upton Produce
<br />Company, Incorporated, a Virginia Corporation, and the City
<br />have not been able to agree upon the price to be paid therefor;
<br />and
<br />
<br /> WHEREAS, the advancement of the work and the use of said
<br />property will be unreasonably delayed if Said property is not
<br />made available for the project as soon as possible.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City
<br />of Portsmouth, Virginia:
<br />
<br /> That the City Attorney be, and he hereby is, directed to
<br />institute eminent domain proceedings against the
<br />hereinafter-described property situate in the City of Suffolk,
<br />Virginia, for the purpose of acquiring the fee simple title
<br />thereto pursuant to Section 2.06, 2.07 and 2.08 of the Charter
<br />of the City of Portsmouth, Virginia, as amended, and to deposit
<br />with the Clerk of the Circuit Court of the City of Suffolk as
<br />provided by law, the sum of $24,500.00 to be paid pursuant to
<br />order of the Court specified to compensate the owner of the
<br />property, designated and shown as 1.4 acres on that certain
<br />Exhibit entitled "Exhibit Showing Property Owned By Upton
<br />Farms, Inc., to be Condemned For Proposed Shoulders Hill
<br />Pumping Station, Sleepy Hole Borough, City of Suffolk,
<br />Virginia", made by City of Portsmouth's Department of Public
<br />Utilitles~ a copy of which plat is attached hereto and made a
<br />part hereof.'~
<br />
<br />Ayes: Clemons, Griffin, Hawks, Martin, Pitts, Robinett, Webb
<br />Nays: None
<br />
<br />
<br />
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