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<br />(J~ 8 <br /> <br />TUESDAY <br /> <br />APRIL 13, 1976 <br /> <br />Upon being advised that the Lester Group, Incorporated, plans to locate <br /> <br />a restaurant at the intersection of Commonwealth Boulevard and V-C Drive, <br /> <br />just west of the City's Corporate Limits and, in connection therewith, with <br /> <br />the firm requesting the right to connect to the City's water and sewer system, <br /> <br />already in place adjacent to the business development site, Council <br /> <br />authorized use of the City utilities, under the City's existing policy <br /> <br />for such usages outside the City Limits. <br /> <br />Upon being advised that there needed to be an Executive Session for the <br /> <br />specific purpose of discussing the possible contract between the City and <br /> <br />Appalachian Power Company, motion was made, seconded, and carried on an <br /> <br />affirmative vote, as a result of a roll call, Council went into Executive <br /> <br />Session for the specific purpose hereinabove stated. Following the Executive <br /> <br />Session, Council reconvened in open session whereupon City Manager Noland read <br /> <br />a suggested resolution which, upon motion by Councilman Fitz-Hugh, seconded by <br /> <br />Councilman Greene, was unanimously adopted on a roll-call vote, as follows: <br /> <br />WHEREAS, in 1972 Appalachian Power Company attempted to increase <br />its electric rates for wholesale service to Martinsville; <br /> <br />WHEREAS, the FPC allowed the proposed rates to go in effect after <br />a five month suspension for all capacity in excess of 18,000 kw, <br />subject to refund; <br /> <br />WHEREAS, the FPC and the United States Court of Appeals ruled that <br />Martinsville's rates for the first 18,000 kw could not be increased; <br /> <br />WHEREAS, the FPC dismissed Appalachian's complaint under Section <br />206 of the Federal Power Act to break open its contract to increase <br />its rates to Martinsvil1e; <br /> <br />WHEREAS, Appalachian proposed, and Martinsville received, a rate <br />increase with respect to quantities taken in excess of 18,000 kw, <br />and this matter is now pending before the Federal Power Commission; <br />