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<br />~ <br /> <br />TUESDAY <br /> <br />NOVEMBER 13. 1962 <br /> <br />,- <br /> <br />appeal to the Virginia Supreme Court of Appeals in the matter of the City's annex- <br /> <br />ation suit--to annex property located in Henry County--which was dismissed by the <br /> <br />annexation court judges on October 29, 1962: <br /> <br />WHEREAS, the annexation suit styled City of Martinsville vs. County <br />of Henry in the Circuit Court of Henry County, Virginia, authorized by <br />ordinance of petition adopted by Martinsville City Council May 4, 1962, <br />has been dismissed by a majority holding of the judges constituting the <br />court hearing this case; and <br /> <br />- <br /> <br />WHEREAS, Irvin W. Cubine, City Attorney of the City of Martinsville, <br />and his associate counsel are of the opinion that the dismissal decision <br />should be appealed as being catrary to the law for such cases made and <br />provided; now, therefore, <br /> <br />BE IT RESOLVED by the Council of the City of Martinsville, Virginia, <br />in regular meeting this thirteenth day of November, 1962, that it doth <br />herein and hereby authorize and direct its City Attorney and his associate <br />counsel to appeal to the Supreme Court of Appeals of Virginia for a writ <br />of error in this case and to do what is necessary to effect and prosecute <br />such an appeal. <br /> <br />In connection with the Appalachian Power Company's purchase offer and/or lease <br /> <br />proposal submitted October 23, 1962--for the purchase or leasing of the City's <br /> <br />electric utility system--Council received from City Manager Hirst a special <br /> <br />report on the City's electric utility system, dated November 13, 1962, and the <br /> <br />following report, entitled "Report On Offer To Purchase Or Lease The Electric <br /> <br />Distribution System", prepared under date of October 26, 1962, for the City by <br /> <br />Southeastern Consulting Engineers, Inc., Charlotte, North Carolina, which <br /> <br />reports Council took under study: <br /> <br />Introduction <br /> <br />On October 23, 1962, Appalachian Power Company submitted to the <br />Mayor and City Council of Martinsville two proposals regarding the Cityfs <br />electrical distribution system. The first of these proposals consisted <br />of an offer to purchase the system outright, and the second consisted of <br />an alternate offer to lease the system for a period of thirty years. <br />The complete text of these proposals is included in Exhibit A, which is <br />attached to this report. <br /> <br />The City has requested an analysis of Appalachian Power Company's <br />proposals in order to determine the merits of selling or leasing the <br />electrical system. It is the purpose of this report to present the <br />