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October 23. 1984 <br /> <br /> WHEREAS, the Industrial Development Authority of the City of Pcrtsmouth, Virginia (IDA) <br />has teen authorized by the Council of the City of Portsmouth, Virginia, to advertise and hold <br />public hearings relative to the issuance of Industrial Development Bonds; and <br /> <br /> WHEREAS, the [DA has considered the application of Elmhurst Square Associates, Il, a <br />Virginia General Partnership, andfor the individual partners, Steve Sandier, Art Sandler, Sher <br />Sandler Begel, and Allen Resh, with its principal place of business at 1224 Diamond Springs <br />Road, Virginia Beach, Virginia, for the issuance of Industrial Development Revenue Bonds in an <br />amount not to exceed Six Hundred Thousand Dollars ($600,000) to finance the construction of a <br />12 unit retail commercial shopping center to be located at the intersection of Elmhurst Lane <br />and Portsmouth Boulevard in the City of Portsmouth, Virginia, and has held a public hearing <br />thereon on October 11, 1984; and <br /> <br /> WHEREAS, the IDA has requested City Council to approve the issuance of the bonds to compl <br />with the applicable federal and state laws; and <br /> <br /> WHEREAS, a copy of IDA's resolution approving the issuance of the bonds, subject to the <br />Terms and conditions contained therein, and the appropriate certifications and documentations <br />have been provided to the City Council for their consideration. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that <br />the Council approves the issuance of Industrial Development Revenue Bonds by the Portsmouth In <br />dustrial Development Authority in an amount not to exceed Six Hundred Thcusand Dollars ($600,0 <br />for the benefit of Elmhorst Square Associates, II, a Virginia CeneraI Partnership, and/or the <br />individual partners, Steve Sandler, Art Sandler, Sheri Sandler Begel, and Allen Resh, to finan <br />the construction of a 12 unit retail commercial shopping center to be located at the intersec- <br />tion of Elmhurst Lane and Portsmouth Boulevard in the City of Portsmouth, Virginia. <br /> <br /> BE 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 facilit?, or the credit worthiness of Elmhurst Square Associates, II, but, as <br />required by ~15.1-1380 of the Code of Virginia, 1950, as amended, the bonds shall prcvide that <br />neither the Commonwealth of Virginia, City of Portsmouth, nor IDA shall be obligated to pay thc <br />bonds or the interest thereon or the costs incident thereto except from the revenues and monie~ <br />pledged therefor,, and neither the faith or credit of the taxing power of the Commonwealth, the <br />City, nor IDA, 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: Ncne <br /> <br /> 84-399 Letter from the City Manager recommending adoption of a resolution to authorize <br />City Manager to negotiate purchase of or institute eminent domain proceedings against Mr. Johm <br />Everett mn connection with the Midtown Drainage Project. <br /> <br /> 'The 1984/8~~ Capital Improvement Program authorized $1,721,000 for drainage improvement~ <br />to the Midcity area. As part of this project, it is necessary to acquire a number of small <br />parcels for the improvements to be made. All but two parcels have been acquired by the City <br />Attorney's Office. <br /> <br /> As you are aware, this is the third and final phase of the Midcity project which will <br />provide drainage improvements to the Midcity area as well as the community of Westhaven and <br />portions of Mt. Hermon. This phase will also include major drainage improvements to Frederick <br />Boulevard, South Street to Turnpike, as well as outfall improvements to the ditch west of <br />Louisa Avenue. The condemnation of the requested properties will give the City title to pro- <br />perty on both sides of a 20 foot wide outfall ditch to avoid future access and maintenance <br />problems. ~his project ~s expected to begin January 1985 and continue for eight months. <br /> <br /> Therefore, it is requested that the attached resolution be adopted by City Council <br />authorizing the acqums~t~on of the two small parcels of property." <br /> <br /> On motion of Mr. Gray and seconded by Mrs. Webb, the following resolution was adopted, <br />and by the following vote: <br /> <br />"A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN PROPERTY BY THE CITY <br />OF PORTSMOUTH, VIRGINIA, UNDER EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTER <br />471 OF THE ACTS OF ASSEMBLY, AS AMENDED, SAID PROPERTY BEING NECESSARY FOR <br />THE CONSTRUCTION, ALTERATION AND MAINTENANCE OF THE MID-CITY DRAINAGE PROJECT. <br /> <br /> WHEREAS, the City <br />after specified in and <br />Portsmouth, Virginia, <br />City drainage project; <br /> <br />of Portsmouth has found it necessary to acquire the interest herein- <br />to the hereinafter-described parcel of land situate in the City of <br />for the purpose of construction, alteration and maintenance of the Mid- <br />and <br /> <br /> IFHEREAS, the City of Portsmouth has no~ been able to purchase the property described <br />herein, necessary to the project, because the owners thereof and the City have not been able t <br />agree upon the price to be paid therefor; and <br /> <br /> WHEREAS, advancement of the work and use of the said project will be delayed unreasonably <br />if said property is no~ made available as soon as possible. <br /> <br />0) <br /> <br />ie <br /> <br /> <br />