Minutes 04/12/1977 - Laserfiche WebLink

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165 April 12, 1977 On motion of Mr. Holley and seconded Mr. and by the following vote: Elliott, the following resolution was adopted, "A RE~OLUTION URGING SEABOARD COASTLINE RAILROAD COMPANY, NORFOLK-FRANKLIN AND DANVILLE RAILWAY COMPANY AND NORFOLK AND PORTSMOUTH BELT LINE RAILROAD TO THE I~IEDIATE ACTION TO CORRECT HAZARDOUS CONDITIONS AT GRADE CROSSINGS; . NS~I~TIgG l~%E- ~ITY ATTORNEY TO TAKE WHATEVER ACTION IS NECESSARY TO INSURE ¢O~PLIANCE WITH THE LAW. crossings in WHEREAS, the City has repeatedly requested the railroads to maintain street grade the City; and WHEREAS, a survey conducted by the Public Works Department of the City indicates that little or no action has been taken by the railroads to maintain grade crossings in the City; and WHEREAS, many complaints have been received from citizens, civil leagues and Virginia Department of Highways concerning the existing condition of grade crossings; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that the Seaboard Coastline Railroad Company, Norfolk-Franklin and Danville Railway Company and Norfolk and Portsmouth Belt Line Railroad are hereby urged to take immediate action to correct hazardous conditions at existing grade crossings in the City. BE IT FURTHER RESOLVED that the City Attorney be, and he hereby is, instructed to take whatever action is necessary to insure compliance with the law." Ayes: Early, Nays: None Abstaining: Oast Elliott, Holley, Wentz 77-115 - "Consideration of an ordinance to amend the City Code by deleting the require- ment for the Mayor to serve as an Ex-Officio member of the Municipal Finance Coramission. The Municipal Finance Commission currently has 9 regular members and 5 ex-officio member: required by the City Code. This amendment does not effect the regular membership; but, will del~ee from the Code the requirement for the Mayor to be an ex-officio of this commission. The City Manager and the Finance Director will remain as ex-officio members of the Municipal Finance Commission. A letter from Mayor Davis supporting this amendment is attached for your information. The City Manager recommends adoption." The following letter from Mayor Davis was presented: "It has been my feeling for many months that my ex-officio membership on the ~Municipal FinanCe Commission might not be appropriate.. The Municipal Finance Commission is v~al.~to ~oui~ %~i~ g~o~m~t.~ th~:i~e.f~?~~ ~ ~: :!s~i~ ~-h-e~ b'~ t~-i~e~t c:of:.2~I Izod- Further, as presiding officer' of the Portsmouth City Council, which receives the recom- mendations of the Municipal Finance Commission, it would be best for all concerned'that these recommendations are received'by me and other members of City CoCncil without prior discussion and knowledge. Not withstanding the above, this does not mean that I would not be willing to serve as a City Council liaison to the MuniciPal Finance Commission within the traditional framework which is established. An out-of-t~n commitment on City business prevents my personal endorsement of this ordinance. However, I strongly support it and recommend that it be-adopted." On motion of Mr. east and seconded by Mr. Elliott, the following ordinance was adopted on first and finali!:reading, and by the following vote: ,~q ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1975, AS AMENDED, BY AMENDING SECTION 11-90 THEREOF;.PERTAINING TO THE MUNICIPAL FINANCE COMMISSION." Ayes: 'Early, Elliott, Holley, Oast, Wentz Nays: None 77-116 - "Consideration of a resolution to provide for the acquisition of certain property by the City of Portsmouth, under Eminent Domain proceedings pursuant to Chapter 471 of the Acts of Assembly, as amended, said property being necessary for the construction, alteration and maintenance of the Cradock Street I~proyement Project. The City of Portsmouth has found it necessary to.acquire a drainage easement across property owned by Nancy C. Kennedy, for the purpose of constructing, altering and maintaining the Cradock Street Improvement Project. The City of Portsmouth has not been able to purchase said property because the owners and the City have been unable to agree upon a price. The advancement of the work and use or, the project will be delayed unreasonably if the property is not made available as soon as possible. It is therefore requested that the City Attorney be directed to institute Eminent Domain proceedings. The City Manager recOmmends adoption."