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252
<br />
<br />November 25, lq75
<br />
<br />Item 7. If a vacancy in the position of Councilman occurs for any reason, the person
<br /> receiving the next highest votes in the last election shall fill the balance
<br /> of the term, and so on.
<br />
<br />Item 8. In a short period following the 1960 election, we had three vacancies occur,
<br /> one due to resignation and two due to death. Two of these vacancies were filled
<br /> by the two persons receiving the highest number of votes in the preceding
<br /> election. It would appear from the vote of the people on the question of eiec-
<br /> tion of the Mayor that they desire the right to make decisions regarding those
<br /> persons who represent them in City government.
<br />~tem 9. It would, therefore, appear that the government could be given back to the
<br /> people by the preceding changes in its Charter.
<br />Item 10. No changes shall be made in Sections regarding electicnaand vacancies, excep~
<br /> by vote of the people."
<br />
<br />MQtion of Mr. Holley and seconded by Mr. Barnes, to adopt the following resolution:
<br />
<br />"A RESOLUTION REQUESTING THE CIRCUIT COU~T OF THE CITY OF PORTSMOUTH TO ORDER
<br />THAT A REFERENDUM BE HELD TO TAKE THE SENSE OF THE QUALIFIED VOTERS OF THE CITY
<br />ON THE QUESTION OF THE ELECTION OF COUNCILMEN ~O RESIGN FOR THE PURPOSE OF RUNNING
<br />FOR THE OFFICE OF MAYOR: AND DIRECTING THE CITY ATTORNEY TO DRAFT THE APPROPRIATE ?
<br />PLEADINGS TO BRING THIS MATTER BEFORE SAID COURT.
<br />
<br /> WHEREAS, by referendun held November 6, 1973, the qualified voters of the City elected
<br />to amend Sections 3.O1, 3.02, 3.03, 3.O5, 3.06 and 3.0? of the Charter of the City of Ports-
<br />mouth relating to the direct election of the Mayor; and
<br />
<br /> WHEREAS, the Council of the City of Portsmouth, Virginia, pursuant to Section 15.1-834,
<br />Code of Virginia, seek to take the sense of the qualified voters as to whether to amend
<br />Sections 3.03 and 3.04 of the Charter of the City of Portsmouth relating to the question
<br />of the election of councilmen who resign for the purpose of running for the office of mayor.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that
<br />it does hereby petition the Circuit Court of the City of Portsmouth to order a referendum
<br />to be held , to determine the sense of the qualified voters of the City
<br />on the following question: Shall the vacancy,in the office of councilmen caused by the resig-
<br />nation to run for the office of mayor be filled by the qualified voters of the City?
<br />
<br /> BE IT FURTHER RESOLVED, that the City Attorney is hereby directed to draft the appropriate
<br />pleadings to bring this matter before the Circuit Court of the City of Portsmouth.
<br />
<br /> BE IT FURTHER RESOLVED, that the City Clerk shall cause a notice of such referendum
<br />to be published in a newspaper having a general circulation in the City in accordance with
<br />Section 10.O7 of the Charter of the City of Portsmouth, Virginia, 1970, as amended."
<br />
<br /> Substitute motion of Mr. Wentz and seconded by Mr. Early, to adopt
<br />tion, and resolution was adopted by the following vote:
<br />
<br />"A RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO AMEND
<br />OF THE CITY OF PORTSMOUTH, VIRGINIA.
<br />
<br />the following
<br />THE CHARTER
<br />
<br />resolu-
<br />
<br /> WHEREAS, Sections 15.1-835 and 15.1-912 of the Code of Virginia, 1950, as amended,
<br />vide for the amendment of the City Charter upon the holding of a public hearing and the
<br />request of the City Council to the General Assembly; and
<br />
<br />pro -
<br />
<br /> WHEREAS, the City Council is of the opinion that certain amendments to the Charter
<br />of the City of Portsmouth are necessary and desirable at this time and has held the public
<br />hearing required by law to consider such amendments.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that
<br />the City Attorney ~s hereby directed to prepare and transmit to the General Assembly, to-
<br />gether with certified copies of this resolution, drafts of bills amending the Charter of
<br />the City of Portsmouth, 1970, as follows:
<br />
<br />1. By amending Sections 3.03 and 3.04, such amended sections to read as follows:
<br />
<br />Section 3.03. Election of mayor and councilmen.
<br />
<br /> (a) On the first Tuesday in May in nineteen hundred seventy-four, and on the first
<br />Tuesday in May of every year thereafter, there shall be a general election at which time
<br />the qualified voters of the city shall elect three councilmen for terms of four years. On
<br />the first Tuesday in May nineteen hundred seventy-six, and on the first Tuesday in May of
<br />every fourth year thereafter, there shaI1 be a general election at whiqh time the qualified
<br />voters of the city shall elect a mayor and three councilmen for terms of four years. Ali
<br />terms shall begin on the first day of July next following the date of their election.
<br />
<br /> (b) The candidates at any municipal election for the election for councilmen equal
<br />in number to the places to be filled who shall receive the largest number of votes cast at
<br />such election shall be declared elected to the office of councilman. The candidate for mayor
<br />who receives the largest number of votes at any municipal election shall be declared elected
<br />to the office of mayor.
<br />
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