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368
<br />
<br />August 23, 1983
<br />
<br /> Although this ordinance does not go into effect until next year, the state law prescribes
<br />that the Governor and the Virginia Port Authority be notified of its passage 12 months prior
<br />to the implementation date. I am, therefor~, recommending its adoption at this ~ime."
<br />
<br /> On motion of Mr. Beamer and seconded by Mrs. Webb, the following ordinance was adopted
<br />on first and final reading, and by the following vote:
<br />
<br />"AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY
<br />ADDING TO CHAPTER SS THEREOF, ARTICLE XV PERTAINING TO SERVICES CHARGES ON
<br />CERTAIN REAL PROPERTY EXEMPT FROM TAXATION."
<br />
<br />Ayes: Barnes, Beamer, Gray, Holley, Webb, Whitlow, Johansen
<br />Nays: None
<br />
<br /> 83-322 - Letter from the City Manager recommending adoption of resolution to provide for
<br />the acquisition of parcels of right-of-way for Phase I of West Norfolk Road under eminent do~
<br />main proceedings.
<br />
<br /> "All votes, as well as the necessary public hearingslhave been concluded for the con-
<br />struction of the first phase of West Norfolk Road. To date all right-a=ways have been obtaine
<br />through negotiations; however, there are several pracels that need to be acquired by eminent
<br />domain. Approximat,ely 90% of ~he property for right-a-way has been acquired.
<br />
<br /> In order to five contractors notice to proceed as well as keep construction costs to a
<br />minimum~ the attached resolutions should be adopted.
<br />
<br /> It is, therefore, recommended that City Council approve the attached resolutions autho-
<br />rizing the City's Attorney to acquire various Parcels of property on West Norf61k Road."
<br />
<br /> On motion of My. Beamer and seconded by Mrs. Webb, the following resolutions were adopted
<br />and by the following vote:
<br />
<br />(a)
<br />
<br /> "A RESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN PROPERTY OWNED BY MAURICE
<br />W. DENNIS, ET. AL., UNDER EMINENT DOM~N PROCEEDINGS PURSUANT TO THE CHARTER OF
<br /> THE CITY OF PORTSMOUTH, AS AMENDED, SAID PROPERTY BEING NECESSARY FOR THE CONSTRUCTION,
<br /> ALTERATION AND WIDENING OF WEST NORFOLK ROAD.
<br />
<br /> WHEREAS, the Council of the City of Portsmouth has determined it to be in the public
<br />interest to reconstruct, alter and widen West Norfolk Road; and
<br />
<br /> WHEREAS, the City has found it necessary to acquire the fee simple interest and a draina
<br />easement 20 feet in width and 50 foot temporary construction easement in and to the herein-
<br />after-desc.ri~ed parcel of land situated in the City of Portsmouth, Virginia, for the said
<br />purpose of reconstructing, altering and widening Wes~ Norfolk Road; and
<br />
<br /> WHE~EAS~ the City has not been able to purchase the prope[ty described herein, necessary
<br />to the project, because the owners thereof and the City have not been able to agree upon the
<br />price to be paid therefor; and
<br />
<br /> WHEREAS, advancement of the work and use of said property will be unreasonably delayed if
<br />said property is not made available for the project as soon as possible.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia:
<br />
<br /> That the City Attorney be, and he hereby is, directed to institute eminent domain pro-
<br />ceedings against the hereinafter-described property situated in the City of Portsmouth, Virgin
<br />for the purpose of acquiring fee simple title and a drainage easement 20 feet in width and a
<br />50 foot temporary construction easement therein, together with any and all easements of access
<br />light or air incident to the lands of the landowner abutting upon said property, in accordance
<br />with, and pursuant to, ~2.06, 2.07 and 2.08 of the Charter of the City of Portsmouth, Virgini
<br />as amended, and to deposit to the credit of the Clerk of the Circuit Court of the City of
<br />Portsmouth as provided by law the sum hereinafter specified to compensate the owners of the
<br />property designated as Parcels 40, 42.1, 42.2 and 42.3 on that certain plat entitled "Plat
<br />Showing Proposed Right-of-Way Expansion For West Norfolk Road", dated July 11, 1983, prepared
<br />hy the Engineering & Technical Services Department of the City of Portsmouth, Virginia, record
<br />in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia, in Map Book
<br />12, pages 68 through 71, both inclusive.
<br />
<br /> The name of the property owner is: Maurice W. Dennis, et al.
<br />
<br /> The amount to be deposited to the credit of the Clerk of the Circuit Court of the City
<br />of Portsmouth is: $54,300.00."
<br />
<br />"AtRESOLUTION TO PROVIDE FOR THE ACQUISITION OF CERTAIN PROPERTY OWNED BY
<br />WATERS RND'"54RRY ~ C. ~qf)~TERS, :I5>fDER~ EMI'NEMT _,DOMIAN*~PRO©BEDIN~S~-EURSUANT,: $0 THE CHARTER
<br />OF THE CITY OF PORTSMOUTH, AS AMENDED, SA%D PROPERTY BEING NECESSARY FOR THE CONSTRUCTION
<br />ALTERATION AND WIDENING OF WEST NORFOgK ROAD. .....
<br />
<br /> WHEREAS, the Council of the City of Portsmouth has determined it to be in the public
<br />interest to reconstruct, alter and widen West Norfolk Road; and
<br />
<br /> WHEREAS, the City has found it necessary to acquire the fee simple interest in and to
<br />the hereinafte~described parcel of land situated in the City of Portsmouth, Virginia, for
<br />said purpose of reconstructing, altering and widening West Norfolk Road; and
<br />
<br />the
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