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Z76
<br />
<br /> ~e~oerred April !6%h
<br />
<br /> To investigate and report as to a resolution presented by the City Manager as to negotia-
<br />ting terms with am~ or all p~ties i~te~es~d in the wate~~ supply.
<br /> We repot that we ~ve ~d a coherence wi~ ~e City Atto~ey ~d or, rs, and have
<br />~e following resolutio~ to offer for adoption:
<br /> ~'~REAS, ~e City of ~ort~ on the 10th
<br />day of ~ptember, I~V, entered ~to a contract ~th ~e Port~outh ~d S~folk Water C~p~,
<br /> eo~iderati~ in said contract n~ed, a~eed to supp~ ~e sai~
<br />Wnere~ ~t comp~, for the
<br />City ~d its ~bi~t~ wi~ ~ adeq~ ~d wholes~e supp~ of wa~r for ~e ~rm~ of ~my
<br />ye~s begi~g on ~e 1st day of April, 1888; ~d,
<br /> ~AS, ~der the provisions of the said contract the City of Port~.~ ~s ~e ri~t
<br />to beene the o~er of all ~e wor~ ~d pnoper~ co~ected therewi~, ~d ~cce~~t° all of
<br />
<br />water comp~ the value of sal~ works, proper~y ~d ~onmses, ~ ~u vms. ~ =
<br />such values, as well its capaci~ to ~e e~n~gs as other constde~zti~s, ~ in pa~ent or
<br />p~t paint of such p~c~se, ~e Ci~ of For%~ shall ass~e ~e then outst~d~g eon-
<br />tracts ~ obligations of the comps; ~d ~e value of ~e ~orks, proart, franchises ~d
<br />contracts, shall be dete~ by ~bitrati~, each p~ty' to be e~l~ represented ~ o~e did-
<br />~terested arbitrator; the ~bitPat~ for ~e City of Port,curb to b~ chosen ~ ~e Co,oil
<br />of the city; ~d if they, the said ~bitrators, ~o not a~ee, ~en, ~ mural selecti~ of said
<br />~bitrat~s, ~ ~pl~ ~y be chosen ~d the decision of two of Such ~ee ~all be f~l; ~d,
<br /> ~ ~ ~ act of ~e General Assembly of V~ginia, approved J~ua~ 18, 190~, ~e
<br /> P~t~ou~, ~e~ley ~ S~fo~ V~ater Comp~ beene vest~ with All-of the ~operty, ri~ts~
<br /> fr~chiSeS, ~d privileges of ~e Port~ou~ ~d S~fo!k ~ater C~p~, ~d beene ~bJect ~
<br /> all li~, contracts, obli~ti~s ~d ~ertak~gs of the ~id ~e Port~outh ~d S~fo~ Water
<br /> Comp~; ~d,
<br /> W~, the City of Portsmou~ has f~ly-c~lied ~ the te~ of the said contract
<br /> ~ giving to '~e Port~, Berkley ~d ~fo~ Water C~ ~e two ye~s notice o~ its
<br /> tention to p~c~se ~d become the o~er of its works ~d pPo~rty$ ~d
<br /> V~S, the Co,cji of ~e Ci~ of Portsmouth, by a resolution adopted FebP,~ ~,~19!8~
<br /> t~t comps, sh~d it reject said offer, %o a~mnt ~ ebitra%or %o meet ~a ocher wz~
<br /> ~bitrator to be chos~ by ~ Co, oil of the city to asce~ta~ ~d ~te~e.~%der ~9 ?roviT.
<br /> sions cE ~e contract, ~e ~lue 0i ~e ~oper~; a co~ of w~ch said res'ozuzmen was
<br /> ed to G. E. Hof~aster, ~esid~t, ~d to N. L. ~vis. S~er~tendent of said comps; ~d,
<br /> ~S, at a meet~ ~eld Febr~ XZ~, 1918. ~e Co, oil elected ~les F. H~r as
<br /> its ~bi~ator and so ~ti~ed ~e P~tsmouth, Berkiey and S~folk ~ater Co~;
<br />
<br /> fe~ to ~ a new ~d Io~ t~ con~act for its wa~er an~ t~ ~o nego~ma~ wl~ ~e
<br /> of Norfolk fer the s~e p~pose~
<br />
<br /> NO~, ~FO~, BE IT ~S~D, ~ the C~cil of ~e City of P~smouth:
<br />
<br /> 1. ~t it is the sense of this Co~cil ~t ~e er~ley ~d S~folk Nater
<br /> O~p~ ~s ~d ~ple t~ ~ list its properties for ~%her %~e
<br /> s,~d ~ ~t c~ will be viewed as ~ att~p{ t0 det~
<br />
<br /> 2. ~t ~less ~e Port~ou~, ~rkley ~d S~folk Water Comp~ s~ll ~ve listed its
<br /> properties for apprais~ent wi~ ~ ~s ~ ~e adoption ef ~ese ~s
<br /> C~3~oil ~alI-scolder ~its faille to do so as an effort. ~ ~e ~t of
<br /> ~bitration.
<br />
<br /> 3. Should the said company fail to list its properties within the said thirty days, then,
<br />s~d in that event, the City. Attorney.is authorized and dire. oted to ~institute eondemnatio~.~ pre-
<br />ceed~gs to acquire the said ~ropertzes; and to institute an~ other legal p~oeeedings which
<br />he may deem necessary to .pr~otect. i~t~e ci~ty.s .r~ghts; ~and for the appointment of a receiver to
<br />take cD--ge, of the propertxes penal~ litigation; aha,
<br />
<br /> 4.. That a copy of this .pre~01e and ~hes~~ ~esqlutions be at onc~ transm, itted by the Clerk
<br />of this Council to The Portsmouth, Berkley and Suffolk Water Company.-.
<br />
<br /> (With Power to Act) Employment of such help as may be needed to check up the Scofi~!d
<br />repo,.ts as to qu~nttt~ and .quality of mate~ial.
<br /> It is recormuended that such help be ~l~lowed ~%he ~a~bitrator i~ checking ~p 'work.
<br />
<br />( Signed
<br />
<br />C. H. Herbert,
<br />
<br />(Signed) ~. H. Culpepper.
<br />
<br />On motion, the report of the 0ommittee was adopted, ~ud by the follo~i~ vote:
<br />
<br /> Ayes-- Claud, Culpepper, Deans, Hanvey, Herbert, Wright, 8.
<br />
<br />The Special ~te~ Committee requested that the Co~¢il adoptthe following letter to be sent
<br />
<br />
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