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17
<br />
<br />December 17, 1974
<br />
<br />At a regular meeting of the City Council, held on December 17, 1974, there were present
<br />
<br />Richard J. Davi~, Jack P. Barnes, E. Saunders Early, Jr., Archie Elliett, Jr.,
<br />James W. Holley, Edward L. Oast, Jr., Robert W. Wentz, Jr., Phin Herren, City
<br />Manager, R. T. Williams, Assistant City Manager, H~ M. Myers, Jr., Assistant
<br />City Manager, D. R. Hagemeister, Acting City Attorney.
<br />
<br /> Dr~ ~ehn W. Myers, Pastor, Centenary United Methodist Church, opened the meeting with
<br />prayer, followed by the Pledge of Allegiance to the Flag.
<br />
<br />Mayor Davis welcomed all visitors in attendance.
<br />
<br /> The minutes of the regular meeting of December 3, 1974, were approved as distributed
<br />by unanimous vote.
<br />
<br /> 74-512 ~ice Mayor Wentz presented Mayor Davis a memento from the CaptJin of the
<br />Americana, Italian Steamship Line.
<br />
<br /> 74~513
<br />was held.
<br />
<br />Public Hearing on Proposed Amendments to the Charter of the City of Portsmouth
<br />
<br />No one spoke for or against the Proposed Amendments.
<br />
<br />The following agenda items were presented by the City Manager:
<br />
<br /> 74-514 "Consideration of a resolution requesting the General Assembly of Virginia
<br />to amend the Portsmouth City Charter.
<br />
<br /> The purpose of the first amendment is to clarify the duties of the City Attorney
<br />as they pertain to litigation involving the City.
<br />
<br /> The second amendment clarifies the appellate jurisdiztion of the Civil Service Commissi~
<br />of the City.
<br />
<br /> The third amendment specifies certain activitiss which may be the subject of diszipli-
<br />nary action against Civil Service employees.
<br />
<br />The City Manager recommends approval of this resolution."
<br />
<br /> On motion of Mr. Wentz and seconded by Mr. Elliott, the following resolution was
<br />adopted, and by the following vote:
<br />
<br />"A RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO AMEND THE CHARTER
<br />OF THE CITY OF PORTSMOUTH, VIRGINIA.
<br />
<br /> ~EREAS, Sections 15.1-835 and 15.1-912 of the Code of Virginia, 1950, as amended,
<br />provide for the amendment of the City Charter upon the holding of a public hearing and
<br />the request of the City Council to the General Assembly; and
<br />
<br /> ~¢HEREAS, 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
<br />public hearing required by law to consider such amendments.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
<br />that the City Attorney is hereby directed to prepare and transmit
<br />together with certified copies of this resolution, drafts of bills
<br />of the City of Portsmouth, 1970, as follows:
<br />
<br />Portsmouth, Virginia,
<br />to the General Assembly,
<br />amending the Charter
<br />
<br /> 1. By amending Sections 7.03, 11.01 and 11.12, such amended sections to read as
<br />follows:
<br />
<br />Section 7.03. Powers and duties.
<br />
<br />The city attorney shall:
<br />
<br />(a)
<br />
<br />Be the chief legal advisor of the council, the city manager an~ of all departments,
<br />boards, commissions and agencies of the city in all matters affecting the interests
<br />of the city and shall upon request furnish a written opinion on any question
<br />of law involving their respective official powers and duties;
<br />
<br />(b)
<br />
<br />At the request of the city manager or any member of the council, prepare ordinances
<br />for introduction and at the request of the council or any member thereof shall
<br />examine any ordinance after introduction and render his opinion as to the form
<br />and legality thereof;
<br />
<br />(c) Draw or approve all bonds, deeds, leases, contracts, or other instruments to
<br /> which the city is a party or in which it has an interest;
<br />
<br />(d) ~
<br />
<br />Have the management and control of all the law business of the city and the
<br />departments, b0a~ds, commissions, and agencies thereof or in which the
<br />city has an interest, and represent the city as counsel in any civil case in
<br />which it is interested and, together with the attorney for the Commonwealth,
<br />in criminal cases in which the constitutionality or validity of any ordinance
<br />is brought in issue;
<br />
<br />(e) Institute, prosecute, defend, compromise and settle all legal proceedings as
<br />
<br />
<br />
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