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HomeMy WebLinkAboutFEBRUARY 18, 1981 MINUTES Cit@ C>f OFFICE OF THE MAYOR MUNICIPAL CENTER DR. J. HENRY MC COY, JR., MAYOR VIRGINIA BEACH. VIRGINIA 23456 (004) 427-4581 Feb@y 16, 1981 Membex6 o6 City CounciP- City A@ eL City Attotney City CteiLk Ladie,6 and Ge@emen: AA pxe.&cxibed by Sec. 2.9 o6 the Code o@ the City o6 Vixginia Beach, and by concer.6u,6 o6 CouncU at it6 Sp@ Meeting Feb@ 13, 1981, a @CIAL MEET'ING oi the Vixginia Beach City Councit is caued 4oiL Wedne,6day, Feb@t/ 18, 1981 at 6:00 p.m., in the Con@exence Room, City The puxpoze o6 thiz meeting wiit be to di6cu6.6 ne- gotiation6 to co 6ot watet suppty to the City o6 ViLginia Bear-h. ReAper-tiutZy, H V.S. JHM: arn6 r heteby waive my )Light oi nctice:, F. Reid Etvin CZatence A. Ho "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYC)R). HENRY A@COY JR.. D.D.S., S.@.gb VICE-MAYOR IIAROLD IIEISCHOBER. A, L.,g, JOHN A. BAUM. Bi.@k-,., B...gb F. REID ERVIN, A, L.,S. BARBARA M. HENLEY. P..g. 8 .... b CLARENCE A. HOLLAND. N.D.. B.y.id. B.@.gb W. B. KITCHIN, Ill. Vigi.i. B-.b B.@.gb REBA S. M,CLANAN, P,i ..... A-, 8 .... b DONALD W. MERRICK, Ly..b.@- B.@.gb MEYERA E. OBERNDORF, A, L.,t. 212 CITY HALL BUILDING PATRICK L. STANDTNG, A, L.,g, MUNICIPAL CENRER VIRGINIA BEACH, VIRGINIA 23456 RU7-H HODGES SMITH, Cily Cillk (804) 427-4303 SPECIAL MEETING CITY COUNCIL AGENDA February 18, 1981 ITEM I INFORMAL SESSION - 6:00 p.m- Conference Room A. CALL TO ORDER B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS ITEM II FORMAL SESSION A. ROLL CALL OF COUNCIL B. RESOLUTIONS/SPECIAL ACTION C. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 18 February 1981 As prescribed by Section 3.06 of the City Charter, and Section 2-9 of the Code of the City of Virginia Beach, a Special Meeting was called by Mayor J. Henry McCoy, Jr., in the Conference Room, in the City Hall Building, on Wednesday, 18 February, at Six o'clock in the evening for the purpose of discussing the water situation. Council Members Present: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin, and Clarence A. Holland Attorney James E. Ryan, Jr., Mays, Valentine, Davenport and Moore attended the Special Meeting. ITEM #16262 Mayor McCoy entertained a motion to permit Council to conduct its EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other @isposition of publicly held property. (Acquisition, use or disposition of publicly held property). 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other public matters within the jurisdiction of the public body. (Legal Matters). 2- Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to RECESS into EXECUTIVE SESSION, (6:04 p.m.). Voting: 9-0 Council Members Voting Aye; John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland - 3- ITEM #16263 City Counc-il convened in the Council Chambers (7:45 p.m.), with the following Members present: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin, and Clarence A. Holland ITEM #16264 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute a Water Supply Agreement with the City of Suffolk. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland -4- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER SUPPLY AGREEMENT WITH THE CITY OF SUFFOLK WHEREAS, a water shortage exists in the City of Virginia Beach; and, WHEREAS, Virginia Beach can no longer obtain from Norfolk the amount of water necessary to satisfy its daily needs; and, WHEREAS, the City of Suffolk has agreed to provide water to the City of Virginia Beach from sources located in the City of Suffolk; and, WHEREAS, the City of Virginia Beach desires to contract for the provision of such water. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manage r be , and he hereby is, author ized to execute the attached water supply agreement with the City of Suf f olk , sub j ec t to approva l by the City At torney as to the legal form thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on 18 February 1981 RHM/cb 2/18/81 (1) - 5- AGREEMENT BY THE CITY OF SUFFOLK TO PROVIDE WATER This Agreement made as of the 18th day of February, between the CITY OF SUFFOLK, a Municipal Corporation of the Commonwealth of Virginia ("Suffolk"), and the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia ("Virginia Beach"), provides: RECITALS A. In October 1980, the Governor of Virginia issued Executive Orders No. 45(80) and 46(80) and in response thereto, Suffolk ordered, under certain conditions, to make available to Norfolk water from Suffolk, but Norfolk has not responsed to that of f er . B. On Oc tober 24, 1 980 , the C ity Counc il of Suf f olk, while taking exception to certain findings in the Executive Orders, never- theless adopted a Resolution granting a Conditional Use Permit for the construction of up to f ive water supply wells inasmuch as the City Council was mindful of the needs of other communities in Southeastern Virginia. By Resolution adopted on November 5, 1980, the City Council of Suffolk ratified and re-enacted in due form and manner such Conditional Use Permit. The said Resolutions of October 24 and November 5, 1980, and the conditions thereto are attached hereto and made a part hereof and are together hereinaf ter referred to collectively as the "Use Permit." Virginia Beach has specifically sought from Suffolk the drilling of water supply wells as provided hereinbelow, and Suffolk has in response extended the requested offer of water to Virginia Beach. C. On January 21, 1981, the Mayor of the City of Virginia Beach appeared before the City Council of Suffolk and represented that, with the unanimous approval of the City Council of Virginia Beach and with the consent of the City of Norfolk, he was authorized to request water supply wells in Suffolk, to provide water on either a short-term basis or a long-term basis and further acknowledged that Virginia Beach recognized that, in responding to this request, the City Council of Suffolk was obligated to protect the interests of Suffolk's citizens. -6- D. On February 4, 1981, the Governor of Virginia released a statement concerning water shortages in Squtheastern Virginia and urged the localities in Southeastern Virginia to cooperate, and by February 15, 1981, to reach agreements to assist each other. E. Suffolk has been advised that pumping which began during the summer of 1980 may be now affecting adversely the wells of citizens of Suffolk and that pumping of the wells at the Driver Antenna Site will result in additional harm to the citizens of Suffolk. F. Suffolk has been, and continues to be, interested in assisting and cooperating with neighboring Municipalities but, in undertaking to assist neighboring communities in Southeastern Virginia with a supply of water, Suffolk must protect the interests and concerns of its own citizens, assure provisions for the continued integrity of a satisfactory water supply to its own citizens, and make appropriate provisions for their safety, health and welfare. G. It is expressly understood that Virginia Beach is not responsible for the accuracy of these recitals, and they sball not be deemed part of the terms or conditions hereof. AGREEMENT Now, therefore, in consideration of the premises and of the mutual covenants and undertakings set forth below, Suffolk and Virginia Beach agree as follows: 1. Suffolk and Virginia Beach mutually agree to take all necessary steps to begin construction of the wells which are the subject of this agreement no later than March 1, 1981, or at the earliest time possible thereafter, and to complete the construction of two (or, if requested by Virginia Beach, three), functional productive wells by June 15, 1981, or as soon thereafter as possible. In furtherance of this Agreement, Suffolk shall drill and equip two (or, if requested by Virginia Beach, three), water supply wells on sites for which the Use Permit has been issued or on other sites for which appropriate use permits may be issued, and Virginia Beach shall pay for all construction costs for the wells. Equipping the wells shall include installation of piping as may be needed from the well - 7- head to the boundary of the well lot. The objective of such drilling shall be to create, subject to the conditions of the Use Permit, a capability of delivering a total of eight million gallons per day. Suffolk shall appoint Virginia Beach as Suffolk's agent to contract for, drill, and equip the wells, subject to approval by Suffolk, and such agency to contract, drill and equip shall not be revocable. Virginia Beach, and its employees, surveyors, consultants, engineers, and contractors, shall have the right of access to the site for purposes permitted under this paragraph. No contract or obligation relating to construction of the wells shall be entered into without the approval of Virginia Beach and Suffolk; any such contracts or obligations entered into by Virginia Beach as Suffolk's agent shall be conclusively presumed to have been approved by Virginia Beach. The contracts and other arrangements to be made by Virginia Beach and assigned to Suffolk as provided in Paragraph 4 are to be acceptable to Suffolk and shall be submitted to it by Virginia Beach for review in advance of the making of such contracts and other arrangements. Construction costs shall include, without limitation, the cost of design, construction, drilling and equipping of the wells and any necessary facilities ancillary thereto as well as the cost of any acquisition of land for well sites, easements (for access and electric power service), which may be required, the landscaping and wellhouse contemplated by condition 5 of the Use Permit, the reasonable expenses and fees of an expert hydrologist or groundwater consultant hired with the mutual consent of Virginia Beach and Suffolk to assure that, as contemplated by condition 3 of the Use Permit, the wells are screened entirely within the Lower Artesian Aquifer; and all other costs, expenses or fees necessarily and reasonably incurred in the construction of the wells. Virginia Beach agrees unconditionally to bear all such construction costs without regard to the productivity of such wells, the quality of the water, the duration of service to Virginia Beach or any other matter. If so requested by Suffolk, Virginia Beach will post a payment bond in form and substance satisfactory to Suffolk or, alternatively at Virginia Beach's election, establish an adequate cash escrow fund with Virginia - 8- Beach's Treasurer, to cover all costs of construction, so as to assure full payment for the cost of the wells to be constructed bereunder. 2. The wells, equipment, ancillary facilities, wellsites, easements and wellhouses and other facilities which are the subject of this Agreement shall, except as provided in Paragraph 17 hereof, be tbe property of Suffolk. The wells to be constructed hereunder sball be constructed on the sites described in Exhibit A hereto unless Suffolk and Virginia Beach mutually agree to use other sites to which the Use Permit or some other applicable use permit relates. 3. Each of the wells constructed hereunder shall be constructed in accordance with the Use Permit, or such other use permit as may be issued and be applicable thereto, and screens for production of water shall be located entirely within the Lower Artesian Aquifer. 4. Virginia Beach shall contract for design and construction of the wells and for the purchase of pumps and other necessary equipment to make the wells operational in accordance witb the conditions of the Use Permit. After construction is completed and the wells have been accepted by Suffolk, Virginia Beach shall have an exclusive right hereunder to all water produced by such wells during the term of this Agreement, subject to rights of Suffolk under Paragraph 5 hereof, and the right of access to the wells and other appurtenances, for operation and maintenance purposes. Virginia Beach shall make and Suffolk shall accept an assignment of the contracts hereunder. 5. Pumping to supply Virginia Beach shall occur only in times of drought or emergency as determined in the ways set forth in condition 1 of the Use Permit, provided, however, that if the Use Permit shall be appropriately amended to allow pumping under other circumstances, tben witb the mutual consent of Suffolk and Virginia Beach, pumping to supply Virginia Beach may occur under such other circumstances. Maximum flow from any well constructed bereunder shall be limited by condition 2 of the Use Permit, unless the Use Permit be amended to allow greater flow and Suffolk and Virginia Beach mutually agree to such greater flow. Suffolk hereby agrees and consents that a bona fide emergency shall be deemed to exist under the Use Permit when the Virginia Beach City Council shall be Resolution so find and shall have instituted mandatory conservation measures with penalties. Any production capability of - 9- the wells which is not at the time being utilized by Virginia Beach may be taken by Suf f olk for so l on g as V irgin ia Beach does not care to ut il i ze such capability; usage by Suffolk under this Paragraph shall be discontinued on notice from Virginia Beach. Moreover, notwithstanding any request of Virginia Beach for water supply from the wells, Suffolk reserves the right to take up to 10% of daily production at any time if such water shall be needed for emergency use as determined by the City Council of Suffolk upon its finding that an emergency exists and the instituting of mandatory conservation measures and penalties. Virginia Beach waives any right to seek, and agrees not to receive, an allocation or supply of water contrary to the rights of Suffolk under this Paragraph. 6. The wells shall be operated and maintained by Suffolk, either directly or through Virginia Beach as its agent. Suffolk shall appoint Virginia Beach as Suffolk's agent to operate and maintain the wells. Virginia Beach shall bear the full cost of such operation and maintenance (including without limitation the full cost of any necessary replacement of equipment), provided that in any period when Suffolk takes water from the wells as permitted by the preceding paragraph, such costs of operation and maintenance shall be prorated between Suffolk and Virginia Beach in proportion to their relative takings of water for the period. Virginia Beach shall be entitled to set off against any payments due by it under this Paragraph any costs of operation and maintenance attributable to Suffolk's usage which have been paid by Virginia Beach. 7. This Agreement shall be for an initial term of ten years from the date hereof. If and only if the parties shall reach mutual written agreement as to adjustment of the money contribution provided for in Paragraph 8 hereof at least six months before the expiration of the initial ten year term hereof, then Virginia Beach shall be entitled to a renewal term of five years following the initial term of ten years. Moreover, if and only if such five year renewal occurs and the parties hereafter reach mutual written agreement as to adjustment of the money contribution provided for in Paragraph 8 hereof at least S3,.X months before the expiration of the first five year renewal term, then Virginia Beach shall be entitled to a second renewal term of five years. -10- 8. In order to make a reasonable allowance for Suffolk's administrative overhead in supplying the water hereunder, and further in order to make available to Suffolk the means to develop alternative sources of surface water or groundwater and otherwise to make fair and reasonable provisions for the safety, health and welfare of the citizens of Suffolk, Virginia Beach shall so long as it receives water under this Agreement pay to Suffolk on a monthly basis a contribution o f (a) 15 cents per 1,000 gallons of water provided Virginia Beach hereunder during the first five (5) years f rom the date hereof , and (b) the greater of (i) 20 cents per 1,000 gallons of water, or (ii) the rate of compensation from time to time being paid by Virginia Beach to Isle of Wight County per 1,000 gallons of water, during the second five (5) years from the date hereof. The contribution hereunder during any renewal term shall be mutually agreed in writing by Suffolk and Virginia Beach (and any renewal term is expressly conditioned upon mutual agreement as to the amount of such contribution during the renewal term). Suffolk shall not be legally restricted in any way as to the manner in which it expends the contribution received hereunder. 9. Virginia Beach shall establish and administer the Mitigation Program set forth in Exhibit B hereto. If Virginia Beach disputes any claim for mitigation assistance, it shall refer such claim to a hydrologist or groundwater consultant upon whom both parties agree. If the said expcirt determines that pumping of the subject wells is a contributing significant cause of such effect or damage, then Virginia Beach shall satisfy the claim in accordance with the Mitigation Program, but only to the extent recommended by the said expert. By agreeing to implement the Mitigation Program hereunder, Virginia Beach makes no admission of, and assumes no liability for, any damages consequential to interruption of water caused by pumping the subject wells. 10. The parties agree that the wells and ancillary facilities provided hereunder shall not be deemed to constitute a water supply system of Virginia Beach within the meaning of Section 15.1-875 of tbe -11- Code of Virginia. In consideration of Suffolk's making this Agreement, Virginia Beach agrees that it will not at any time establish or expand a water supply system of any kind within Suffolk unless the City Council of Suffolk in its discretion consents thereto; this agreement of Virginia Beach shall survive the expiration of tbe other provisions of this instrument. 11. Water provided to Virginia Beach hereunder shall be delivered at the wellhead in the manner directed by Virginia Beach; and wheeling of water from the wellhead or the treatment of the water must be arranged by Virginia Beach. 12. Suffolk agrees to use reasonable good faith assistance to protect the well fields serving wells constructed bereunder, and also give reasonable, good faith assistance to Virginia Beach in its attempts to develop other reasonable sources of water for Virginia Beach from existing wells or surface impoundments in Suffolk. If any such additional sources in Suffolk are made available:, there shall be a contribution by Virginia Beach to Suffolk generally as provided in Paragraph 8 above. Virginia Beach agrees to administer in good faith the Mitigation Program hereinabove referred to. 13. The wells shall be metered in order to give an accurate reading of the water withdrawn therefrom. Virginia Beach shall have the right to join with Suffolk in the periodic reading and testing of the meters to assure their,accuracy. Readings shall be taken on a monthly basis for any amounts due from Virginia Beach to Suffolk under this Agreement. Such bill shall be paid by Virginia Beach to Suffolk under this Agreement. Such bill shall be paid by Virginia Beach within 30 days from its receipt thereof. If Virginia Beach fails to make payment of any amounts owing by it to Suffolk under the terms of this Agreement within thirty days from the time Suffolk gives written notice to Virginia Beach to the effect it is in default in payment, then Suffolk may by written notice to Virginia Beach terminate this Agreement. Notices under this Paragraph must be giveri by registered or certified mail directed to the City Manager, City of Virginia Beach, Municipal Center, Virginia Beach, Virginia 23456. 14. Virginia Beach shall give Suffolk the most prompt practicable notice of Virginia Beach's needs for water hereunder, and Suffolk shall give Virginia Beach like notice of Suffolk's intention '@ove. to take water as permitted by Paragraph 5 a -1 2- 15. While Suffolk is willing to enter into this Agreement at the request of Virginia Beach and to meet the needs of Virginia Beach, Suffolk makes no representation as to the legality of providing water to Virginia Beach hereunder. (a) Should there be (i) any contest of the legality of this Agreement or of the providing of water to Virginia Beach by Suffolk (including without limitation a suit for injunction), or (ii) any legal proceeding seeking damages (A) on account of the pumping or transmission of water hereunder or introduction of same into any reservoir or transmiSSsion system or (B) for injury to real property or a well thereon because of the drilling or pumping of the wells which are the subject of this Agreement, or any of them, THEN in such event, regardless of by whom such contest or legal proceeding is instituted, Virginia Beach will fully indemnify Suffolk and its officials and employees and their personal representatives against all liabilities, losses, claims or expenses (including without limitation reasonable legal fees and disbursements of Counsel selected by Suffolk or such officials, employees or personal representatives) without regard to the outcome of such contest or legal proceeding. Administrative and arbitration proceedings shall be deemed to be contests or legal proceedings for purposes of this Paragraph. (b) The right to be indemnified for reasonable legal fees and disbursements of Council under the preceding subparagraph (a) is conditioned upon tbe obtaining of prior written approval of Virginia Beach as to the Counsel selected by Suffolk or the official or employee or personal representative, and Virginia Beach shall not unreasonably withhold approval of Counsel. (c) Any party or person who is to be indemnified by Virginia Beach under this paragraph shall provide, through Counsel, a diligent defense of the contest or legal proceeding and shall, through Counsel, keep Virginia Beach apprised from time to time of the status of the matter and of any significant development therein. -1 3 - 15. While Suffolk is willing to enter into this Agreement at the request of Virginia Beach and to meet the needs of Virginia Beach, Suffolk makes no representation as to the legality of providing water to Virginia Beach hereunder. (a) Should there be (i) any contest of the legality of this Agreement or of the providing of water to Virginia Beach by Suffolk (including without limitation a suit for injunction), or (ii) any legal proceeding seeking damages (A) on account of the pumping or transmission of water hereunder or introduction of same into any reservoir or transmission system or (B) for injury to real property or a well thereon because of the drilling or pumping of the wells which are the subject of this Agreement, or any of them, THEN in such event, regardless of by whom such contest or legal proceeding is instituted, Virginia Beach will fully indemnify Suffolk and its o@fficials and employees and their personal representatives against all liabilities, losses, claims or expenses (including without limitation reasonable legal fees and disbursements of Counsel selected by Suffolk or such officials, employees or personal representatives) without regard to the outcome of such contest or legal proceeding. Administrative and arbitration proceedings shall be deemed to be contests or legal proceedings for purposes of this Paragraph. (b) The right to be indemnified for reasonable legal fees and disbursements of Council under the preceding subparagraph (a) is conditioned upon the obtaining of prior written approval of Virginia Beach as to the Counsel selected by Suffolk or the official or employee or personal representative, and Virginia Beach shall not unreasonably withhold approval of Counsel. (c) Any party or person who is to be indemnified by Virginia Beach under this paragraph shall provide, through Counsel, a diligent defense of the contest or legal proceeding and shall, through Counsel, keep Virginia Beach apprised from time to time of the status of the matter and of any significant development therein. -14 - (d) Virginia Beach's obligation to pay indemnity in respect of a money settlement of a contest or legal proceeding is conditioned upon Virginia Beach's prior written approval of the making of the settlement. Moreover, Virginia Beach shall be entitled in its discretion to settle the damages claims of any contest or legal proceeding as to which indemnity is due hereunder. (e) Virginia Beach shall not be obligated to indemnify Suffolk or its officials or employees or their personal representatives with respect to any damages, legal expenses or disbursements of Counsel incurred by Suffolk or its officials or employees or their personal representatives in (i) the actions styled The City of Suffolk, Virginia v. The City of Norfolk, Virginia, CH-372-80 Circuit for the City of Suffolk; City of Norfolk v. City of Suffolk, et al., CA 80-1215-N, United States District Court for the Eastern District of Virginia, Norfolk Division; or (ii) actions which are hereafter commenced following dismissal without prejudice of one of the actions listed in clause (i) and which assert only the identical causes of action as were asserted in the dismissed action; provided, however, that, with respect to this subparagraph (e), if by virtue of negotiating, executing or performing this Agreement Suffolk or its officials or employees or their personal representatives shall be liable in damages to the City of Norfolk, then Virginia Beach shall indemnify such damages as are attributable to such negotiation, execution or performance of this Agreement. (f) Any indemnity due hereunder for Attorney's fees and disbursements or expenses of litigation sball be payable from time to time as billed by Suffolk to Virginia Beach, without awaiting the outcome of the contest or legal proceeding. 16. Neither party shall assign any of its rights under this agreement without the prior written approval of the other. If Suffolk appoints any agent to act hereunder, it shall not appoint any agent other than Virginia Beach. 17. Notwithstanding the provisions of Paragraph 2 above that the wells and all ancillary facilities thereto shall be the property of Suffolk, it is understood that in the event Virginia Beach makes -1 5- available for temporary use a portable generator to supply electricity for operation of the wells, such portable generator shall remain the property of Virginia Beach and may be withdrawn by it at any time. 18. Suffolk and Virginia Beach will ask the State Water Control Board to collect data regarding the pumping and effects of pumping of the wells constructed hereunder. Either Suffolk or Virginia Beach may ask the State Water Control Board (the "Board") to advise them whether pumping from the wells constructed hereunder, or any of them, is resulting or upon continued full capacity pumping for six months is likely to result in irreparable harm to the citizens of Suffolk (through saltwater intrusion or otherwise). Moreover, if either party prefers to obtain the advise of an expert hydrologist or groundwater consultant who is acceptable to both parties to advise them whether pumping from the wells constructed hereunder, or any of them, is resulting or upon continued full capacity pumping for six months is likely to result in irreparable harm to the citizens of Suffolk (through saltwater intrusion or otherwise), and the cost of the services of such hydrologist or consultant shall be cbarged as an operating expense of the wells constructed hereunder. If the Board or such expert hydrologist or groundwater consultant advises that such irreparable harm is resulting or is likely to result as aforesaid, then the City Council of Suffolk in its discretion may discontinue pumping from such wells or any of them until appropriate curative action, if any, can be taken. 19. Any rights in law which may in the future accrue to parties theretofore utilizing water supply wells shall vest in Suffolk with reference to the wells drilled hereunder, and Virginia Beach acknowledges that pumping of water supply pursuant to this Agreement shall be attributed and credited to Suffolk with respect to any "grandfathering" of water rights which may in the future be allowed to parties theretofore utilizing water supply wells. -1 6 - IN WITNESS WHEREOF, Suffolk and Virginia Beach have each caused this Agreement to be signed and its seal to be affixed and at teste d by of f icials thereunto duly a uthori zed , p ursuant to authority given by Resolutions adopted by their respective City Councils. CITY OF SUFFOLK By City Manager ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager ATTEST: City Clerk -1 7- COMMONWEALTH OF VIRGINIA ss. CITY OF SUFFOLK I, the undersigned, a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that G. ROBERT@HOUSE, JR., City Manager, and I City Clerk, for the CITY OF SUFFOLK, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and Commonwealth aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA ss. CITY OF VIRGINIA BEACH I, the undersigned, a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and Commonwealth aforesaid. GIVEN under my hand this day of 1981. Notary Public My Commission Expires: -1 8- EXHMBIT A 1 9 - EXHIBIT B MITIGATION PROGRAM This Mitigation Program shall apply to all non-public wells existing at the time of initial pumping of the wells which are the subject of the Agreement into which this plan is incorporated. A. Virginia Beach and Suffolk jointly wii1laiLttmppttoo determine which property owners will be adversely affected prior to commencement of pumping from its wells and take any or all of the steps set forth below to prevent interruption of water supply to such property owners. B. If Virginia Beach and Suffolk are unable to agree that it is necessary to implement any measures required under this Plan or which measures shall be implemented, Virginia Beach shall refer the decision to a hydrologist or groundwater consultant upon whom both parties agree and the hydrologist or groundwater consultant shall determine whether it is necessary to implement the alternatives for mitigation of the adverse effects and which measures shall be implemented. C. In each case of a well serving a property owner which, before pumping begins, is determined to be adversely affected by pumping from wells developed to supply water for the City of Virginia Beach in Suffolk, one or more of the following alternatives for mitigation of the adverse effects will be investigated and applied before pumping begins, as appropriate; 1. Lowering of Pump, 2. Installation of New Pump, 3. Lowering of Well, 4. Drilling of New Well, and 5. Interconnections with other local unaffected wells. Virginia Beach agrees to bear the costs for any of the above steps necessary to alleviate adverse impact to affected property owners. D. If Virginia Beach and Suffolk are unable to determine in advance that a property owner's well(s) will be adversely aff-ected by said wells, and such property owner's well(s) stop providing sufficient quantities of water fit for consumption as a result of pumping to supply Virginia Beach, then Virginia Beach will take any and all of the following emergency steps, as necessary, to provide an immediate - 2 0 - alternative water supply to the affected property owner: 1. Trucking water in bulk for human and livestock consumption, 2. Temporary Interconnections with local unaffected wells, 3. Provision of temporary substitute housing for the family if necessary, and 4. Any combination of any of the above measures which will insure that the property owner will not be required to go without water for normal human use for more than twenty-four (24) hours. As soon as possible, after implementation of the measure or measures required by sub-paragraph 1-4 above, tbe property owner shall be entitled to receive such measures as are required under Paragraph C above. E. Any property owner who, of necessity, has undertaken reasonable self-help to mitigate adverse conditions at his well caused by pumping to supply Virginia Beach, will be reimbursed for the reasonable costs of such self-help measures upon presentation by him of appropriate documentation to Virginia Beach. F. Before pumping commences at any well as herein provided an escrow account fund shall be established by Virginia Beach in the amount of FIFTY THOUSAND DOLLARS ($50,000.00) for the purpose of compensating property owners who are damaged as hereinabove provided and determined, and Virginia Beach will maintain a balance in this escrow account of FIFTY THOUSAND DOLLARS ($50,000.00) throughout the period of this Agreement and any extension thereof. 2 RESOLUTION NO. 133-80 RESOLUTION OF THE COUNCIL OF THE CITY OF SUFFOLK WHEREAS, Emergency Executive Orders No. 45 (80) and No. 46 (80) of the Governor of Virginia have suspended any notice requirement and other time-consuming procedural requirements in zoning statutes and Ordinances, in order that applications of the City of Norfolk and City of Suffolk for conditional use permits for municipal water supply wells may be forthwith acted upon by the City Council of the City of Suffolk; WHEREAS, the City Council of the City of Suffolk has tbis 24th day of October, 1980, convened a joint meeting of the Planning Commission of the City of Suffolk, pursuant to the directive of Emergency Executive Orders No. 45 (80) and No. 46 (80); WHEREAS, The City Council of the City of Suffolk herewith takes exception to the finding of the Governor of Virginia that a State of Emergency exist s ; WHEREAS, Section 7 of Article I of the Constitution of Virginia provides that all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and out not to be exercised; WHEREAS, the City Council of the City of Suffolk is of the view that suspension of notice requirement is a matter of grave importance to the health and welfare of the citizens of the City of Suffolk in violative of procedural due process and contrary to the Constitution of Virginia and the Constitution of the United States; WHEREAS, notwithstanding the fact that the City Council of the City of Suffolk takes,exception to the exercise of emergency powers in this matter by the Governor of Virginia, nevertheless thecity Council is mindful of the needs of the City of Norfolk for water supply, and intends by action taken this day to enable the construction of deep water wells to supply the City of Norfolk; and WHEREAS, the City Counci,l of the City of Suffolk has heretofore directed that various applications for conditional use permits for municipal water supply wells be considered at a meeting of Council on November 5, 1980, following notice as required,by law; and in order to assure full - 2 2- legal effect of the actions hereinbelow set forth, the City Council of the City of Suffolk intends to convene again on the 5th day of November, 1980, and-then to ratify and re-enact in due form and manner as provided by law the actions hereinbelow taken in this Resolution; NOW, THEREFORE, BE IT RESOLVED: 1. The Council of the City of Suffolk hereby finds that the application of the City of Suffolk for a conditional use permit for municipal water supply wells meets the general and specific standards of Article VIII of the Suffolk Comprehensive Zoning Ordinance adopted September 3, 1980, effective October 3, 1980. Without limitation of the foregoing, the proposal of the City of Suffolk to construct municipal water supply wells will have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood of the well sites, and will be no more injurious to property or improvements in the neighborhoods of the well sites, then would any other use generally permitted in the districts in which tbe well sites are located. 2. For the protection of the health and welfare of the citizens of the City of Suffolk, while at the same time facilitating the provision of adequate water, it is deemed necessary in the public interest to impose the conditions set forth in Exhibit 1 annexed hereto. 3. Subject to the said conditions in Exhibit 1 which are intended to prevent adverse impact on the citizens of the City of Suffolk and the areas affected by such permit, the application of the City of Suffolk for a conditional use permit for municipal water supply wells is hereby granted. 4. Inasmuch as the municipal water supply wells which are the subject of the aforesaid permit granted to the City of Suffolk are intended to be used fortbwith to provide water to tbe City of Norfolk and other communities in Eastern Virginia, the City Manager is hereby authorized on behalf of the City to contract for (or accept the assignment of a contract for) the construction of wells pursuant to the abovementioned conditional use permit, to contract for the purchase of pumps and other necessary equipment and supplies to place such wells in operation, and to make all appropriate arrangements for the prompt construction and operation of such wells, and some of them, upon receiving from the City of Norfolk a binding financial undertaking to amortize or otherwise satisfactorily - 2 3- provide for payment of the expenses of design and construction of wells (and any transmission facilities) to be used to supply water to the City of Norfolk, to meet the expenses of operation when such wells are being operated to supply the City of Norfolk, and to provide a reasonable allowance for administrative overhead and/or development of further water resources in the City of Suffolk, provided, however, that the contract to be entered into between the City of Suffolk and the City of Norfolk in respect of such wells shall specify the cash fund and agreement of indemnification, or bond in lieu thereof, to be given by the City of Norfolk to meet the fourth condition of the permit issued to the City of Suffolk so as to hold harmless property owners in the City of Suffolk whose wells are harmed by pumping from any well con- structed under such permit for the purpose of supplying the City of Norfolk. 5. This Resolution shall take effect immediately. Adopted: October 24, 1980 Roll Call yes - 7 no - 0 2 /1 881 - 24- CONDITIONS This permit is issued subject to the following conditions, each of which is an essential and integral part hereof: 1 The wells constructed pursuant to this permit may be pumped only in times of extreme drought or emergency, to be deter- mined in any of the following ways: (a) Emergency Executive Order No. 46(80) of the Governor of Virginia shall remain in effect, or (b) The City Council of Suffolk shall have determined a need for emergency pumping of water from such wells, or (c) In respect of wells supplying another political subdivision, there shall exist a bona fide emergency in the water supply system of such political subdivision and it shall have instituted mandatory water conservation measures with penalties for the violation thereof. 2. Pumping from each well constructed under this permit shall be limited to a maximum of 4 million gallons per day, and each well shall be metered to permit readings to be periodically taken by the City of Suffolk. 3. Unless the City Council of the City of Suffolk otherwise approves, each well constructed under this permit shall be solidly cased to a depth of at least 800 feet, and screens for tbe production of water in such wells shall be located at least 800 feet below ground level and located entirely within the Lower Artesian Aquifer as established by an expert hydrologist acceptable to the City of Suffolk. 4. Before pumping commences at any well constructed under this permit, a cash fund and agreement of indemnification, or bond in lieu thereof, in amount, form and substance satisfactory to the City Council of Suffolk and made by an obligor acceptable to it shall be deposited with the City Treasurer for the purpose of holding harmless property owners in the City of Suffolk whose wells are harmed by pumping from any of the wells constructed under this permit. 5. Within one year from the commencement of construction of any well under this permit, the well site shall be appropriately - 2 5- landscaped to assure that the site blends with the surrounding neighbor- bood and in addition, unless the City Council shall hereafter temporarily or permanently waive such reauirement, the well had and any appurtenant equipment shall be enclosed in a well house. 6. The maximum number of wells which may be constructed under this permit shall be five, notwithstanding that this permit relates to seven sites. 2 6- RESOLUTION NO. 145-80 RESOLUTION GRANTING CONDITIONAL USE PERMITS TO THE CITY OF SUFFOLK FOR MUNICIPAL WATER SUPPLY WELLS WHEREAS, the City Council of the City of Suffolk, pursuant to Emergency Executive Orders No. 45(80) and 46(80) of the Governor of Virginia, did convene in a joint meeting with the Planning Commission of the City of Suffolk on the 24th day of October, 1980, at which meeting the City Council of the City of Suffolk granted the application of the City of Suffolk for a conditional use permit for municipal water supply wells, in accordance with Article VIII of the Suffolk Comprehensive Zoning Ordinance adopted September 3, 1980, effective October 3, 1980, which conditional use permit was intended to be used to provide water to the City of Norfolk and other communities in Eastern Virginia, subject to certain conditions attached as Exhibit I to said Resolution; and, WHEREAS, the City of Suffolk is desirous of having said conditional use permit granted as aforesaid again acted upon after due notice of the public hearing, which notice was waived by the aforesaid Emergency Executive Orders of the Governor, and to enlarge the effect of said Resolution of October 24, 1980, to include two well sites to be used by the City of Suffolk for the municipal water supply for the City of Portsmouth; and, WHEREAS, the Council did convene in joint meeting with the Planning Commission on November 5, 1980, and held a public hearing on the application of the City of Suffolk, at which meeting the Planning Commission did unanimously recommend the granting of the request of the City of Suffolk for a conditional use permit, subject to the conditions hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED: 1. The Council of the City of Suffolk hereby finds that the application of the City of Suffolk for conditional use permits for municipal water supply wells meet the general and specific standards of Article VIII of the Suffolk Comprehensive Zoning Ordinance, adopted September 3, 1980, effective October 3, 1980. Without limitation of - 2 7- the foregoing the proposal of the City of Suffolk to construct municipal water supply wells will have no more adverse effects on health, safety or comfort- of persons living or working in or driving through the neighborhood of the well sites, and will be no more injurious to property or improvements in the neighborhoods of the well sites, then would any other use generally permitted in the districts in which the wells are located. 2. For the protection of the health and welfare of the citizens of the City of Suffolk, while at the same time facilitating the provision of adequate water, it is deemed necessary in the public interest to impose the conditions hereinafter set out. 3. Subject to the said conditions hereinafter set out which are intended to prevent adverse impact on the citizens of the City of Suffolk and the area affected by such permit, the application of the City of Suffolk for conditional use permits for municipal water supply wells is hereby granted. 4. Inasmuch as the municipal water supply wells, which are the subject of the aforesaid permits granted to the City of Suffolk, are intended to be used forthwith to provide water to the City of Norfolk, the City of Portsmouth and other communities in Eastern Virginia, the City Manager is hereby authorized on behalf of the City to contract for (or accept the assignment of a contract for) the construction of wells pursuant to the abovementioned conditional use permits, to contract for the purchase of pumps and other necessary equipment and supplies to place such wells in operation, and to make all appropriate arrangements for the prompt construction and operation of such wells, or some of them, upon receiving from the City of Norfolk, or from the City of Portsmouth, a binding financing undertaking to amortize or otherwise satisfactorily provide for payment of the expenses of design and construction of wells (and any transmission facialities) to be used to supply water to the City of Norfolk or to be used to supply water to the City of Portsmouth, to meet the expenses of 6peration when such wells are being operated to supply the City of Norfolk, or to supply the City of Portsmouth, and to provide a reasonable allowance for administrative overhead and/or development of further water resources in the City of Suffolk, provided, however, that any contract to be entered - 2 8- into between tlie City of Suffolk and the City of Norfolk, or the City of Portsmouth, in respect of such wells shall specify the cash fund and agreerdent of indemnif ication, or bond in lie u there of , to be given by the City of Norfolk, or the City of Portsmouth, to meet tbe fourth condition of the said permits issued to thoi City of Suffolk, as herein- after specified so as to hold harmless property owners in the City of Suffolk whose wells are harmed by pumping from any wells constructed under such permits for the purpose of supplying the City of Norfolk or for the purpose of supplying the City of Portsmouth. CONDITIONS These permits are issued subject to the following conditions, each of wbich is an essential and integral part hereof: 1. The wells constructed pursuant to these permits may be pumped only in times of extreme drought or emergency, to be determined in any of the following ways: (a) While Emergency Executive Order No. 46(80) of the Governor of Virginia shall remain in effect, or (b) The City Council of Suffolk shall have determined a need for emergency pumping of water from such wells, or (c) In respect of wells supplying another political subdivision, there shall exist a bona fide emergency in the water supply system of such political subdivision and it shall have instituted mandatory water conservation measures with penalties for the violation thereof. 2. Pumping from each well constructed under these permits shall be limited to a maximum of 4 million gallons per day, and each well shall be metered to permit readings to be periodically taken by the City of Suffolk. 3. Unless the City Council of the City of Suffolk other- wise approves, each well constructed under these permits shall be solidly cased to a depth of at least 800 feet, and screens for the production of water in such wells shall be located at least 800 feet below ground level and located entirely within the Lower Artesian Aquifer as established by an expert hydrologist acceptable to the City of Suffolk. - 2 9- 4. Before pumping commences at any well constructed under these permits, a cash fund and agreement of indemnification, or bond in lieu thereof, in amount, form and substance satisfactory to the City Council of Suffolk and made by an obligor acceptable to it shall be deposited with the City Treasurer for the purpose of holding harmless property owners in the City of Suffolk whose wells are harmed by pumping from any of the wells constructed under these permits. 5. Within one year from the commencement of construction of any well under these permits, the well site shall be appropriately landscaped to assure that the site blends with the surrounding neighborhood and in addition, unless the City Council shall hereafter temporarily or permanently waive such requirement, the well head and any appurtenant equipment shall be enclosed in a well house. 6. The maximum number of wells which may be constructed under these permits shall be five, notwithstanding that these permits relate to seven sites. This Resolution shall take effect immediately. ADOPTED BY COUNCIL November 5, 1980 TESTE: Clerk - 30 - APPOINTMENT OF AGENT -KNOW ALL MEN BY THESE PRESENTS that the CITY OF SUFFOLK, a municipal corporation of the Commonwealth of Virginia ("Suffolk") does hereby 'make and appoint the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Agent") to serve as the agent of Suffolk for the purposes set forth in this instrument. The agency hereby established relates only to the carrying out of certain functions of Suffolk under an Agreement made as of the 18th day of February, 1981, between the City of Suffolk and the City of Virginia Beach for the supply of water by Suffolk from wells (the "Water Supply Agreement"). 1. The Agent is authorized to make appropriate arrangements for the design, construction and equipping of wells and any necessary facilities ancillary thereto (including without limitation landscaping and wellhouses) as contemplated by Paragraph 1 of the Water Supply Agreement. In pursuance of the authority granted to the Agent under the previous sentence, it may prepare specifications and take bids (subject to compliance with the applicable rules and procedures pertaining to the letting of contracts by a City in Virginia) . However, the Agent shall not make any contracts or commitments in the name of Suffolk, but shall instead make all such contracts and commitments in its own name as principal and thereafter assign the same to Suffolk, as contemplated by Paragraph 4 of the Water Supply Agreement. The Agent shall inspect the wells during construction and equipping and make or cause to be made such tests as may be appropriate. The Agent's authority does not extend to reviewing and approving contracts and other arrangements on behalf of Suffolk as contemplated by the Water Supply Agreement. 2. The Agent is authorized to carry out on behalf of Suffolk the operation and maintenance of wells as contemplated by Paragraph 6 of the Water Supply Agreement, provided, that the Agent shall not make any contracts or commitments in the name of Suffolk without its prior written consent. The Agent shall have authority to secure the well sites against entry by unauthorized persons and to prosecute for trespass. - 31 - 3. If and to the extent authorized by Suffolk in writing, the Agent may take such steps on behalf of Suffolk as are appropriate to carry o-ut the mitigation of adverse effects on wells of other property owners pursuant to Paragraph 9 of the Water Supply Agreement. 4. It is a condition of this appointment that the Agent shall keep guffolk promptly and fully advised of its actions under this appointment, shall maintain in good order complete records of its transactions and operations hereunder, and shall make all such records or true copies thereof available to Suffolk at any time upon request. 5. This appointment is irrevocable as to the authority granted under Paragraph I above, but otherwise is revocable. This appointment is on the condition that the Agent shall serve without compensation during the term of this agency. Notwithstanding the absence of compensation, the Agent by its acceptance hereinbelow acknowledges that it is an agent for the purposes herein set forth. IN WITNESS WHEREOF the CITY OF SUFFOLK has caused this appointment to be executed on its behalf by its City Manager and its seal to be hereunto affixed and attested by its City Clerk, all as of the 18th day of February, 1981. CITY OF SUFFOLK By City Manager ATTEST: By City Clerk The City of Virginia Beach hereby accepts the foregoing appointment - 32- and acknowledges that it is an agent for the purposes above set forth. CITY OF VIRGINIA BEACH By City Manager ATTEST: By City Clerk COMMONWEALTH OF VIRGINIA CITY OF SUFFOLK SS. I, the undersigned, a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that G. ROBERT HOUSE, JR., City Manager, and I City Clerk, for the CITY OF SUFFOLK, whose names as such are signed to the foregoing Appointment of Agent, have acknowledged the same before me in my City and Commonwealth aforesaid. GIVEN under my hand this day of 1981 Notary Public My Commission Expires: 3 3 - ITEM #16265 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute an Addendum to the Norfolk Water Contract. (Same Addendum adopted by City Council, January 19, 1981, It.m #16123) Voting: 9- 0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland - 34- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE NORFOLK WATER CONTRACT WHEREAS, due to the current water shortage the City of Norfolk is no longer able to fully supply the water needs of the City of Virginia Beach; and, WHEREAS, the City of Virginia Beach desires to introduce water into its distribution system from sources other than the City of Norfolk; and, WHEREAS, such introduction of other water requires an amendment to the current water contract between the Cities of Virginia Beach and Norfolk. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the appropriate amendment to the said Norfolk contract allowing for the introduction of such other water into the Virginia Beach water distribution system. Adopted by the Council of the City of Virginia Beach, Virginia, on 18 February 1981 RHM/cb 2/9/81 (1) 3 5- THIS ADDENDUM, made this day of 1981, by and between the CITY OF NORFOLK, a municipal corporation of the State of Virginia, hereinafter called "Norfolk", and the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter called "Virginia Beach". W I T N E S S E T H: WHEREAS, Norfolk and Virginia Beach entered into an Agreement on the 24th day of April, 1973, providing, inter alia, for the sale of water to Virginia Beach by Norfolk; and, WHEREAS, paragraph 18 of that Agreement provided that "No water other than that furnished by Norfolk shall be introduced into the mains in Virginia Beach"; and, WHEREAS, since the execution of such Agreement there has been a substantial change in circumstances involving the availability of potable water supplies; and, WHEREAS, Norfolk and Virginia Beach desire to amend the said April 24, 1973, Agreement to allow for introduction of water other than that furnished by Norfolk into the Virginia Beach water mains. NOW, THEREFORE, THIS ADDENDUM WITNESSETH: That for and in consideration of the premises and mutual agreements of the parties hereto and other good and valuable consideration, Norfolk and Virginia Beach do hereby agree as follows: 1. That Paragraph 18 of the April 24, 1973, Agreement be amended and revised to read as follows: 18. Virginia Beach agrees that the water supplied under this agreement is for its own use and that it will not resell any such water beyond the corporate limits of Virginia Beach and that it will not resell such water within the corporate limits of Virginia Beach for use outside. Virginia Beach will distribute water in accordance with all applicable laws. The parties agree that water other than that furnished by Norfolk may be introduced into the water disbribution system in Virginia Beach pro- vided prior written notice is given to Norfolk. It is understood that Virginia Beach is totally responsible for the quality of this blended water in the Virginia Beach water distribution system and for preventing tbis blended water from entering the Norfolk water distribution system. - 36- 2. All other provisions contained in the aforesaid Agreement shall remain in full force and effect. CITY OF NORFOLK, VIRGINIA By Isl Neal A. Windley Assistant City Manager ATTEST: By /s/ Louis S. Hudgins City Clerk CITY OF VIRGINIA BEACH, VIRGINIA By City Manager ATTEST: City Clerk - 3 7 - ITEM #16266 Upon motion by Councilman Merrick, seconded by Mayor McCoy, City Council vote d to RECESS (7: 50 p m. ) , f or the City Manage r to te lep hone the Suffolk City Manager to ascertain their actions with respect to the proposed Agreement for the City of Suffolk to provide water to the City of Virginia Beach, after which Council will adjourn. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland - 3 8 - ITEM #16267 At 8:10 p.@m. City Manager Hanbury reported to Council: "Tbe City of Suffolk just voted 7-0 to unanimously approve the same Agreemnt that this City Council just passed, and authorized their City Manager to sign the Agreement without any changes or modifications." ITEM #16268 Upon motion by Councilwoman Oberndorf, City Council adjourned at 8:12 p.m. Rut,h Hodges Smith, City Clerk Mayo Henr Y, -S. City of Virginia Beach, Virginia 18 February 1981 Special Meeting h