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206 <br /> <br />September 16. 1975 <br /> <br /> The following re~9~ts from the City Manager were presented: <br /> 75-401 ,'Consideration of an ordinance on first reading to appropriate $105,000 from the <br />Capital Improvement Fund for a master drainage plan for sections within the <br />City prior to 1960. <br /> This appropriation will provide the necessary funds to pay for the engineering design <br />and specifications required to develop a master drainage plan for this section of the City. <br />Due to the requirements of our current off-site drainage ordinance, it is necessary that the <br />City have an up-to-date master drainage plan for the enti~e City. Master drainage plans have <br />been developed for the 1960 annexed area and the 1968 annexed area. There have been individua <br />studies done in urban renewal projects~ however, a comFlete master plan of the City prior to <br />1960 has never been developed. The City Manager recommends adoption on first reading. <br /> On motion of Mr. Barnes and seconded by Mr. Elliott, the following ordinance was <br />on first reading, and by unanimous vote: <br /> "AN ORDINANCE TO APPROPRIATE $105,000 ~ROM THE CAPITAL IMPROVEMENT FUND FOR THE <br /> MASTER DRAINAGE PLAN FOR THOSE SECTIONS WITHIN THE BOUNDARIES OF THE CITY PRIOR <br /> TO 1960." <br /> <br /> 75-403 "Consideration of an ordinance <br />of the City Code pertaining to the operation <br />of alcoholic ~everages and drugs. <br /> <br />approved <br /> <br />authorization to proceed with contract <br />price with the Engineering firm,(.Baldwin <br /> <br /> Motion of Mr. Barnes and seconded by Mr. Wentz, <br />on first reading and authorize ~id ~o negotiate the <br />& Gregg) was adopted by unanimous vote. <br /> 75~402 "Consideration of an ordinance on first reading to appropriate $31,000 from the <br />Capital Improvement Fund for the construction of warning devices in the Seaboard Coast Line <br />Railroad crossing on Elmhurst Lane. ~ <br /> This appropriation will ~y~ae the necessary funds for the preparation of plans, purchas, <br />of materials and the construction of the devices in accordance with the agreement between the <br />City and Seaboard Coast Line Railroad. The railroad will perform all the work in conjunction <br />with the automatic flashing signals and gates. Upon completion of the construction the rail- <br />road shall have control of the warning devices and shall be operated by the railroad. This <br />construction is necessary due to the extension of Elmhurst Lane across a grade level crossing <br />owned by the Seaboard Railroad. The City Manager recommends adoption on first reading. <br /> On motion of Mr. Holley and seconded by Mr. Elliott, the fellowing ordinance was approved <br />on first reading, and by unanimous vote: <br /> "AN ORDINANCE TO APPROPRIATE $31,000 FROM THE CAPITAL IMPROVEMENT FUND FOR <br /> CONSTRUCT10N OF WARNING DEVICES AT THE SEABOARD COAST LINE RAILROAD CROSSING <br /> ON ELMHURST LANE." <br /> <br /> repealing Division 3 of Article 4 of Chapter 23 <br /> of motor vehicles by persons under the influence <br /> <br /> A letter of explanation on the above and following ordinances is submitted by the City <br />Attorney. Upon completion of the report, the City Manager recommends a~opti~on.~ <br /> <br /> City Attorney's report: <br /> <br /> "~ ~?~r~l Assembly of Virginia, adopted legislation effective October 1, 1975, <br />whichr~ppab~d~T~e 8.1 and 19.1 of the Code of Virginia, pertaining to Criminal Procedure <br />and Offenses. In addition, legislature adopted new Titles 18.1 and 19.1 which pertain to new <br />Criminal Procedure and Offenses. <br /> In an effort to bring th~ Portsmouth City Code in compliance with the new Titles 18.1 and <br />19.1, it is necessary that a series of ordinances be adopted which will r~pea} ~i¥ision 3 of <br />Article IV of Chapter 23 of the City Code, pertaining to Persons Operatin~ Motor Yehicles unde: <br />the Influence of Alcohol and Drugs, amend and reordain Chapter 21 of the City Code, pertaining <br />to Miscellaneous Offenses~and amend and reordain Section 1-9 of the City Code, pertaining to <br />Punishment for class 1 misdemeanors. <br /> The ordinance amending and reordaining Chapter 21 of the City Code is a sixty-six page <br />ordinance which I have not distributed to you in the packet for economic reasons. If you shoul <br />wish a copy of such ordinance prior to the City Council meeting, do not hesitate to call on <br />me and I shall provide same for you." <br /> On motion of Mr. Holley and seconded by Mr. Elliott, the following ordinance was adopted <br /> on first and final reading, and by the following vote: <br /> <br /> "AN ORDINANCE REPEALING DIVISION 3 OF ARTICLE IVCOF CHAPTER 23 OF THE CITY <br /> CODE PERTAINING TO OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE <br /> OF ALCOHOLIC BEVERAGES AND DRUGS." <br /> <br />Ayes: Barnes, Elliott, Holley, Oast, Wentz, Davis <br />Nays: None <br /> <br /> 75-404 "Consideration of an ordinance to amend the City Code pertaining <br />offenses generally and prescribing penalties therefore. <br /> <br /> The 1975 Legislature amended the State <br />codification of the criminal law. Adoption <br />local offenses and the City to receive the <br /> <br />to crimes and <br /> <br /> Code to provide for a new administration and <br />of these sections will permit these offenses to be <br />fines. The City Manager reaommends adoption." <br /> <br /> <br />