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108
<br />
<br />AuKust 14. 1973
<br />
<br />*The provisions of sections 5.01, 3.02, 3.O3, 3.05, 3.06 and 3.08
<br />of the charter of the city of Portsmouth, as amended, in clause 1
<br />of this act shall not be effective until an affirmative vote of a
<br />majority of the city council subsequent to the passage of this act
<br />and a referendum shall have been conducted in the city of Ports-
<br />mouth to ascertain the sense of the qualified voters thereof .... '
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that it does hereby readopt and reaffirm the proposed revisions of sections 3.O1, 3.02,
<br />3.03, 3.05, 3.06 and 5.08 of the Charter of the City of Portsmouth, 1970, as amended,
<br />such proposed revisions containing provisions for the popular election of the mayor
<br />from the city at large and being as set forth in the copy of the resolution originally
<br />adopted by this council on December 19, 1972, attached hereto."
<br />
<br />Ayes: Holley, Johnson, King, Smith, Barnes
<br />Nays: Early, Wentz
<br />
<br /> 73-259 The following resolution was presented, and on motion of Mr. Johnson
<br />and seconded by Mr. Holley, was adopted by the following vote:
<br />
<br />"A RESOLUTION REQUESTING THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH
<br />TO ORDER THAT.A REFERENDUM BE HELD AT THE NEXT GENERAL ELECTION TO
<br />TAKE THE SENSE OF THE QUALIFIED VOTERS OF THE CITY ON THE QUESTION
<br />OF THE ELECTION OF THE MAYOR FROM THE CITY AT LARGE; AND DIRECTING
<br />THE CITY ATTORNEY TO DRAFT THE APPROPRIATE PLEADINGS TO BRING THIS
<br />MATTER BEFORE SAID COURT.
<br />
<br /> WHEREAS; the Council of the City of Portsmouth, Virginia, did on December 19, 1972,
<br />by resolution duly adopted, request the General Assembly of the Commonwealth of Virginia
<br />to make certain changes in sections 3.O1, 3.02, 3.03, 5.05, 3.06 and 3.07 of the Charter
<br />of the City of Portsmouth, 1970; and
<br />
<br /> WHEREAS, although the General Assembly passed such proposed revisions, it appended
<br />thereto in clause 2 of chapter~3S1 of the Acts of Assembly, 1973, the following requiremen
<br />
<br />'The provisions of sections 3.O1, 3.02, 3.03, 3.O5, 3.06 and 3.08 of
<br />the charter of the city of Portsmouth, as amended, in clause 1 of this
<br />act shall not be effective until an affirmative vote of majority of the
<br />city council subsequent to the passage of this act and a referendum
<br />shall have been conducted in the city of Portsmouth to ascertain the sense
<br />of the qualified voters thereof, as follows:
<br />
<br />The City Council of the City of Portsmouth may by resolution petition
<br />the Circuit Court of the City of Portsmouth requesting that a referendum
<br />be held on the following question:
<br />
<br />'S~kllkthe amendments to sections 3.01, 3.02, 3.03, 3.05, 3.06 and 3.08
<br />of the charter of the city of Portsmouth, as amended, by chapter 351
<br />of the General Assembly in 1973, relating to the election of the Mayor
<br />from the city at large be come effective?''~
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia,
<br />that it does hereby petition the Circuit Court of the City of Portsmouth to order a
<br />referendum be held on Nokember 6, 1975, to determine the sense of the qualified voters
<br />of the city on the following question:
<br />
<br />Shall the amendments to Section 3.01, 3.02, 3.03, 3.05, 3.06 and 3.08
<br />of the charter of the city of Portsmouth, as amended by chapter 551
<br />of the General Assembly in 1973, relating to the election of the mayor
<br />from the city at large become effective?
<br />
<br /> BE IT FURTHER RESOLVED, that the City Attorney is hereby directed
<br />appropriate pleadings to bring this matter before the Circuit Court of
<br />mouth.
<br />
<br />to draft the
<br />the City of Ports~
<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
<br />with Section 10.O7 of the Charter of the City of Portsmouth, Virginia, 1970, as amended."
<br />
<br />Ayes: Holley, Johnson, King, Barnes
<br />Nays: Early, Smith, Wentz
<br />
<br />Substitute motion of Mr. Wentz and seconded by Mr. Early, was as follows:
<br />
<br /> BE IT RESOLVED by the Council of theC¢igy of Portsmouth, Virginia, that the following
<br />question be placed on the ball,Z at the next General Election only after a petition signed
<br />by 10% of the qualified voters of the City be submitted to the Circuit Court of the C~ty
<br />on or before October 5, 197~, requesting that a referendum be held thereon:
<br />
<br />"Shall the amendments to Sections 3.01, 3.02, 3~03, 3.05, 3.06.and 3.08
<br />of the Charter of the City of PortsmOuth as amended by Chapter 551 of
<br />the General Assembly in 1975, relating to the election of the Mayor from
<br />the City at large become effective."
<br />
<br /> BE IT FURTHER RESOLVED that the City Attorney is hereby directed to advertise this
<br />resolution in full to inform the citi~zens of the City ~[a% such petition may be con-
<br />
<br />.st
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