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24§ <br /> <br />January 28, 1986 <br /> <br /> WHEREAS, a copy <br />terms and conditions <br />has been provided ro <br /> <br />of PPIC's~ resolution approving the issuanse of the Bonds, <br />contained therein, and the appropriate certifications and <br />City Councillfor their consideration. <br /> <br />subject to the <br />d~cumentations <br /> <br /> WHEREAS, the Council of the City of Portsmoutk, Virginia acknowledges that the City of <br />Portsmouth has not received its 1956 local Industrial Development Revenue Bond allocation <br />pursuant to the Deficit Reduction Act of 1985 and that, therefore, the adoption of this <br />resolution does not constitute an allocation of the City's local Bond allocation or any portion <br />thereof. <br /> <br /> NOW, THEREFORE, BE <br />the Council approves the <br />benefit of the "Company" <br />the "Project". <br /> <br />IT RESOLVED by the Council of the City of Portsmouth, Virginia, that <br />issuance of Industrial Development Revenue Bonds by the PPIC for the <br />to assist in financing the acquisition, construction and equipping of <br /> <br /> BK IT FURTHER RESOLVED that the approval of the issuance of the Bonds as required by the <br />applicable federal and state laws does not constitute an endorsement of the Bonds, financial <br />viability of the facility or the credit worthiness of the Company, but, as required by <br />Section 15.1-1380 of the Code of Virginia, 1950, as amended, the Bonds shall provide that <br />neither the Commonwealth of Virginia, the City of Portsmouth, nor PPIC shall be obligated to <br />pay the bonds or the interest thereon or other costs incident thereto except from the revenues <br />and monies pledged therefor, and neither the faith or credit of the taxing power of the <br />Commonwealth, the City, nor the PPIC shall be pledged thereto. <br /> <br />This resolution shall take effect immediately upon its adoption." <br /> <br />Ayes: Beamer, CorFrew, Gray, Lucas, Webb, Whitlow, Holley <br />Nays: None <br /> <br /> 86-38 Letter from the City Manager recommending adoption of a resolution authorizing the <br />City Manager to sign an easement agreement with the Department of the Navy for installation of <br />utility lines. <br /> <br /> "The Navy has requested an easement for the purpose of installing a waterline across <br />Elm Avenue from its existing deep water well to the Navy Yard property. The Nave has agreed <br />pay all costs in connection with the installation of this waterline including repairs to Elm <br />Avenue and realignment of the waterline in the event of future alterations to Elm Avenue. <br /> <br />te <br /> <br /> The City's Public Utilities Director supports this request and the City Attorney has pre- <br />pared the attached resolution; therefore, I recommend your approval." <br /> <br /> On motion af~Mr. Beamer, and seconded by Mrs. Lucas, the following resolution was adopted <br />and by the f¢llowing vote: <br /> <br />"A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT AGREEMENT WITH THE <br />DEPARTMENT OF THE NAVY FOR INSTALLATION OF UTILITY LINES. <br /> <br /> WHEREAS, the Department of the Navy has requested authorization to install utility lines <br />within the right-of-way of Elm Avenue; and <br /> <br /> WHEREAS, the Department of the Navy has agreed to pay all costs in connection with the <br />installation of said utility line including the cost of relocating said utility line in the <br />event that the City makes any future alterations to Elm Avenue. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that <br />the City Manager be, and hereby ks, authorized to s~gn an Easement Agreement with the DeF <br />of the Navy for installation of utility iines on the following described property, to-wit: <br /> <br />the City of Portsmouth, Virginia, containing approximately 484.65 square feet or <br />0.011 of an acre of land, more or less, and being more particularly described as <br />follows: <br /> <br /> BEGINNING at a point located on the southerly side of Elm Avenue (60' right-of- <br />way) and that the northeast corner of U.S. Navy property: thence, leaving said point <br />and running N86o 50' 28" W, 2.23 feet to a point, said point bein~ the TRUE POINT OF <br />BgGINNING; thence, leaving said point and runnin~ along the following two (2) courses <br />and distances: N86° 80' 28" W, 10.01 feet to a point; thence, N06° 17' 23" E, 49.52 <br />fee~ to a point; thence, on a curve to the left, having a radius o~ 156.07 feet and <br />an arc length of 10.11 feet to a point, said point being situate NO6o 17' 23" E, 47.52 <br />[eet from the TRUE POINT OF BEGINNING: thence, leaving said point and running S06° 17, <br />23" W, 47.52 feet to the TRUE POINT OF BEGINNING, containing approximately 484.65 <br />square feet or 0.011 of an acre of land, more or less, and bein~ as shown mn yellow <br />on the drawing entitled "PLAT SHOWING 10' UTILITY EASE~ENT FOR WATER MAIN INSTALLATION <br />& MAINTENANC~ - GRANT OF EASEMENT TO THE UNITED STATES NAVY BY THE CITY OF PORTSMOUTH, <br />VIRGINIA", dated 25 September 1985, and attached hereto and made a part hereof Exhibit <br /> <br />Ayes: Beamer, Corprew, Gray, Lucas, Webb, Whitlow, Holley <br />Nays: None <br /> <br /> <br />