Minutes 03/12/2013 - Laserfiche WebLink

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March 12, 2013 Next Steps Following Council Action: • Complete the real estate transaction. Motion by Ms. Randall, and seconded by Mr. Meeks, to adopt the following resolution, and was adopted by the following vote: "RESOLUTION AUTHORIZING THE PURCHASE OF 318 ROBERTA STREET IN THE SUGAR HILL SECTION OF THE CITY. BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the City Manager be, and he hereby is, authorized to enter into an agreement and to execute any other required documents for the purchase of real property known as 318 Roberta Street in the Sugar Hill section of the City and being more particularly described as Tax Parcel 0094-0190 in the Office of the City's Tax Assessor, under such terms and conditions as he shall deem in the best interests of the City of Portsmouth." Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright Nays: None - New Business - 13 - 122 -Boards and Commissions There were no appointments. 13 - 123 -Items Submitted by Council Members • Adoption of a resolution by the Council of the City of Portsmouth, Virginia restating its opposition to the illegal and unconstitutional imposition of tolls on the Downtown and Midtown tunnels and on the Martin Luther King Connector and declaring its support for pending litigation that seeks a legal determination that the contract allowing such tolls is without legal authority. 1. Mark Geduldig-Yatrofsky, P. O. Box 50141, spoke in support of this item. 2. Terry Danaher, 413 Dinwiddie Street, spoke in support of this item. Motion by Ms. Psimas, and seconded by Mr. Meeks, to adopt the following resolution, and was adopted by the following vote: "RESOLUTION BY THE COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA RESTATING ITS OPPOSITION TO THE ILLEGAL AND UNCONSTITUTIONAL IMPOSITION OF TOLLS ON THE DOWNTOWN AND MIDTOWN TUNNELS AND ON THE MARTIN LUTHER KING CONNECTOR AND DECLARING ITS SUPPORT FOR PENDING LITIGATION THAT SEEKS A LEGAL DETERMINATION THAT THE CONTRACT ALLOWING SUCH TOLLS IS WITHOUT LEGAL AUTHORITY. WHEREAS, on December 5, 2011, the Virginia Department of Transportation (VDOT) and Elizabeth River Crossings Opco, LLC, (ERGO) entered into a Comprehensive Agreement (Agreement) under the Public -Private Partnership Act of 1995 for the construction of a new Midtown Tunnel tube and a connector between the existing Martin Luther King Freeway and I-264, and for the refurbishing of the existing Midtown and Downtown Tunnels (the "Facilities"); and WHEREAS, the Agreement permits ERGO to impose tolls on Facilities, to be reimbursed for or exempt from state and local taxes paid or imposed, and to be free financially from the risk of competition from future transportation improvements; and WHEREAS, the tolls that will be imposed on the citizens and businesses of Portsmouth and Hampton Roads, as well as on visitors who use the Facilities are inequitable and not based on the actual improvements at each tolled facility; and