Minutes 12/12,13&22/1983 - Laserfiche WebLink

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83-456 - Letter from the City Manager recommending adoption of a resolution authorizing the City Manager to convey a sanitary sewer easement to the City of Suffolk. "I have received a request from Suffolk City Manager John Rowe for the granting of an eas merit across Portsmouth owned property in Suffolk. The parcel in question was purchased when Lake Meade was constructed for protection of our watershed. The requested easement would be used for a sewer line to connect the Boston Park Subdivision to an existing sewage pump station. The Boston community is currently served by pit privies which contribute to pollution of Lake Meade. By eliminating the pit privies our water quality should be improved. The City's Director of Public Utilities recommends ap- proval of the easement and the City Attorney has prepared the attached resolution authorizing the conveyance of the sanitary sewer easement to the City of Suffolk. It is therefore recommended that the attached resolution be adopted by City Counci." On motion of Mrs. Webb and seconded ~y Mr. Barnes, the following resolution was adopted, and by the following vote: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONVEY A SANITARY SEWER EASEMENT TO THE CITY OF SUFFOLK. WHBREAS, the City of Portsmouth owns certain real property located in the City of Suffolk and WHEREAS, the City of Suffolk has requested that an easement be granted for the prupose of constructing a sanitary sewer utility line across said property as hereinafter-described; and WHEREAS, the construction of said sanitary sewer line benefit to the City of Portsmouth by eliminating potential reservoir from private residential septic tanks; and by the City of Suffolk,will be of polution problems for the Lake Mead~ WHEREAS, 52.09 (c) of the Charter of the City of Portsmouth provides that the convey an interest in real property to the Commonwealth of Virginia or a political thereof without advertisement and receipt of bids; and City may subdivision WHEREAS, the City of Suffolk is a political subdivision of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that th~ City Manager be, and he hereby is, authorized to convey to the City of Suffolk an easement for the purposes of installing, operating and maintaining a sanitary sewer utility line over, unde~ and across the following described property, to-wit: All that certain piece or parcel of land situate on the south side of Garfield Avenue, Route 1402, designated as Lot 12 on the subdivision of "Bostoa P~ark Subdivision", recorded in the Clerk's Office of the Circuit Court of the City of Suffolk, Virginia, in Deed Book 214, pages 464 through 468, both inclusive. Said easement being more particularly described by reference to that ~ certain plat entitle4 "20' Utility Easement, Lot 12, Property Of The City 6f Portsmouth, Virginia", dated July 1983, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Manager be, and he hereby is, authorized to execute such agreements and documents as may be necessary to complete this transaction." Ayes: Barnes, Beamer. Gray, Holley, Webb, Whitlow Nays: None 83-457 Letter from the City Manager recommending adoption of a resolution requesting the General Assembly of Virginia to amend the Charter of the City of Portsmouth. "In accordance with the requirements of the State Code and other applicable provisions of law, a public hearing has been scheduled for the purpose of the Council considering an amendment to ~2.09 (b) of the City Charter relative to the sale or disposition of City-owned property. The proposed amendment would authorize the City to sell, or otherwise dispose of, City-owned real estate not needed for municipal purposes upon the affirmative vote of three- fourths of all the members elected to City Council, but without advertisement and receipt of bids. Such amendment would, of course, not prohibit the use of advertisement and bids but would provide discretion witk the City Council in determining what property may be sold througl negotiations. It should be noted that such a provision or lack of restrictive provision does permit our neighboring cities of Norfolk and Virginia Beach to negotiate for the sale of City- owned property, and this proposed amendment would remove an unnecessary restriction and in- crease the flexibility that the City has to convey unneeded property. In accordance with the applicable provision of law, appropriate notice of the public hearing has been given and a general summary of the proposed change provided. Initially, the proposed change would have required that the approved sale price not be less than the fair market value as established by an appraisal; however, after further consideration I am of the opinion that an alternate would provide additional flexibility by permitting the sale of the property where the proposed pur- chaser offers an amount the acceptance of which is found to be in the best lnterest of the City by a recorded affirmative vote of three-fourths of the members elected to the Council.