Minutes 01/14/1969 - Laserfiche WebLink

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.T~,'mm't,w ~lzl lq~q On motion of Mr, Holley, the privilege of the floor was Eranted Leslie Cox, from Harrison Ward who spoke on the subject of vandalism. ' 69-17 - The following letter from S. B. Holmes and concerned taxpayers ~as read: "The condition of Jordansville Lane is worsening as the months go by and ne one seems to care. We are again asking this fine council to place our request for hel~ on the agenda for the December 14, meeting. 1969 Mr. J. B. Home, a tax payer whose land is on this lane, would like to make an additional appeal or one of the group who will be present at the next meeting of the council." Rev. H. L. Burwell spoke. The following letter from the City Attorney was read: "The City of Portsmouth has been requested to use its men and equipment to grade or otherwise imorove Jsrdans¥ille Lane. It is admitted by all parties concerned that Jordansville Lane is not a public highway but rather is a private roadway, or better called private easement or right of way. The persons requesting the work are property owners located remotely from a public highway. Either by deed or by necessity as a matter of law, these property owners have acquired this easement for egress and i~gress from their nronerty to the public high- way. This means that the fee sJmlple title to the right of way remains in the owner ~f %he property over which the easement runs. An easement of this type is naturally restricted in use to such remote property owners and their invitees. The public has no interest whatsoever in this easement and, therefore, the City of Portsmouth can have no interest in this easement, at least until such time as the roadway is conveyed or dedicated to the City for public use. It is fundamental that public property may only be used for public purposes. In this connection, publicly owned roadway equipment can only be used to maintain public streets and highways unless othe~-i~e authorized by law. Jordansville Lane being a private roadway', the City of Portsmouth has no legal right to improve the condition of the roadway, ~.~ the City were to move its equipment onto such roadway, the landowner could enjoin us from trespassing on his land and could also ask a monetary recovery for any damage done to his land'am~ property. There is also the additional liability that the City would have in connection with injury to the person or property of any other person that might occur in connection with such work. Tlie City would incur a third liability, namely, that it could subsequently be held liable for damage to any person or his property resulting from negligently performing the grading or other work on the roadway. Furthermore, if the City should undertake to improve this roadway, there: is the possibility that the City could be held to have undertaken to maintain this roadway from this time henceforth and thereby incur all of the responsibilities and liabilities a~ising from the maintenance of streets and highways im connection with this one roadway. It has been suggested that the City could lease its men and equipment to the remote property owner and thereby avoid the question of whether the 'Clty was trespassing and the possibility of resnonsibility for con- tinued mainteance of the roadway in the future. This would, of course, place the City in'the position of being in direct competition with those private t~hsinesses which do engage in road construction work. Under the laws of Virginia, if the City is to perform any service or grant any privilege, it must be done on a basis which makes it available to the general public or on the basis of competitive bidding. If this service is to be made available to the general public, it should be so established by ordinance. This wpuld require an ordinance similar in nature to the one establishing the fees for the collection of garbage from commercial establishments or the use of the National Guard Armory. If such service is to be made available on a bid basis, then Section 26 of Chapter 5 of the Charter of the City of Portsmouth requires that an advertisement be published in a news- paper for three days. The successful bidder in ~uch cases is required to pay the cost of the advertising. If either of these methods are to be used, it is my recommendation that adequate safeguards be nrovided to protect the City and its employees from suits and claims of persons who may claim injuries to themselves or damage to their property. This would mean that the person desiring the service should make a cash deposit towards payment for it and they should also secure a liability policy to protect the City and its employees' from damage claims." Motion of Mr. Holley to refer to a conference of Council for some solution, was adopted, without dissenting VOte. 69-18 - The following letter from E. W. Lawrence was read: 'I hereby tender my resignation as a member of the Board of Trustees, Board, to be effective at the close of business on D~cember 51, 1968. Portsmouth Supplemental Retirement This action is necessary, as I learned today, in order to draw a Railroad Retirement pension, of which am entitled, I will not be allowed to earn any compensation after December 51, 1968. t have enjoyed serving as a member of the Board of Trustees since September, 1956 and appreciate the re- appointments made by the City Council." Motion of Hr. Turner that the resignation be acdepted with regret, that a letter be written Mr. Lawrence, thanking him for his service on the Board, and that the vacancy 5e referred to a conference, withou~ dissenting vote. '- 69-19 - The following letter from the City Clerk was read: "The terms of office of the following Board and Commission members have expired: Portsmouth Port and Industrial Commission: J. P. Step~enson Raymond Tweed Planning Commission: Dr. Nell Callt~ 8. C. Moring Portsmouth Library Board: Mrs. Otis P. l~atts Dr. Alvin P. Long Mrs. William R. Bruce