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<br />October 9. 2007 <br /> <br />Financial Impact: <br />. Monies were budgeted for this project in the Public Works' Streets and Highways <br />operating budget. The current contract amount is $314,382.80. An additional <br />authorization of $249,105.10 is required for this change order. Sufficient funds are <br />available in the operating budget to cover the amount of this change order. <br /> <br />Staff Recommends: <br />Adoption of the proposed motion. Vision Principles Advanced: Thriving Neighborhoods <br />and a Sense of Community, and A Robust and Prospering Economy <br /> <br />Next Steps following City Council Action: <br />. Approve the change order request and proceed to project closeout. <br /> <br />Motion by Mr. R. Smith, and seconded by Mr. D. Smith, to approve a change <br />order request authorizing the Public Works Department to expend funds in excess of <br />25% above the original contract amount for the London/Airline Boulevards joint <br />replacement project due to unanticipated project conditions, and was adopted by the <br />following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Randall <br />Nays: None <br /> <br />07 - 442 - Adoption of an ordinance amending the City Code to allow the City to seek <br />injunctive relief against any person or industry generating objectionable odor <br />detectable within City limits, no matter where generated. Vision Principle: Thriving <br />Neighborhoods and a Sense of Community. <br /> <br />Background: <br />. This ordinance would amend the Portsmouth City Code to allow the City of <br />Portsmouth to seek injunctive relief against any person or industry that generates <br />objectionable odor detectable within Portsmouth, no matter where the odor is <br />generated. Objectionable odor would hereby be deemed a public nuisance. <br /> <br />Discussion: <br />. The ordinance provides scientific standards to determine what comprises an <br />objectionable odor. <br />. As an alternative, citizens may file odor complaints with the City Manager, who is <br />then authorized to conduct a verification procedure. <br />. If either criterion for objectionable odor is met, the City may seek injunctive relief. <br /> <br />Financial Impact: <br />. There will be no cost to the City. There may be an indirect financial benefit <br />through the protection of community quality, and thus assessed valued and real estate <br />tax revenues. <br /> <br />Staff Recommends: <br />Adoption of proposed ordinance. Vision Principle: Thriving Neighborhoods and a Sense <br />of Community <br /> <br />Next Steps Following Council Action: <br />. City Clerk will update Portsmouth City Code by inclusion of this amendment. <br />. City Manager and City Attorney will enforce if and as needed. <br /> <br />Motion by Mr. Heretick, and seconded by Ms. Psi mas, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />"ORDINANCE TO DEEM CERTAIN OBJECTIONABLE ODOR A PUBLIC <br />NUISANCE." <br />