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June 23rd, 1964
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<br /> Under Code, st60, providing that the returns o~ election of.county, co~porstion, and distric~
<br />officers shall be subject to the inquiry, determination, and judgement of the court of the county or corporation
<br />wherein the election was held on complaint,of-an undue election or,false return, the corporation court has no~
<br />jurisdiction to try a~d determine contests over the election of members of the common council of the city, but
<br />only such officers of the city as correspond to the officers of the respective counties and distr.~cts of the state.
<br /> "From any point of view that may~be taken .... the respondent (Judge) in this cause is without
<br />jurisdiction to ~ear and determine the matters complained of.by the~petitioners; for ~o do so would be fruitless
<br />and unavailing. It is true that Section 160 (now 24~437) prQyide~ that, when the contest is decided, a cer{ificste
<br />of election shall be granted to the successful party, etc.; 6~t, Were such!certificate awarded~in this case, it
<br />would be wholly ineffectual, as the holder of it, upen presenting it to the board of aldermen or common council of
<br />the city, as the case might be, would be met with the response ~hat the council was by express a~thority, under
<br />section 1030, the judge of. the election, qualification; and r~urns of its members; and, if the .judgement should
<br />be that there had been no valid election in Jackson ward of.any person, to the common council, it wo~td likewise
<br />be fruitless and unavailing, as section 106 of the Coue:makes no provision for filling the vacancy."
<br /> "These sections do not conflict,.nor are they inconsistent with each other. One (section 160)
<br />gives th6 court jurisdiction, upon a prope~ petition, of all contests over corporation efficers, and the other
<br />(section 1030) empowers and authorizes the council [tself to adjadicate~atl questions as ~o election of its
<br />members." :
<br /> "Whether the allegat±~n of petitionerm that the candidates for the common council in Jackson ward,
<br />
<br />at the election of May 94th~ last, cannot .obtain their rights by a contest.before the,council be true on not,
<br />
<br />section ]~30 specifically prescribes this as their remedyf and, if it be ineffectual, it is not hhe fault of the
<br />statute, ~and this:court is without authority .... " ~-
<br />
<br />ENCLOSURE (A)
<br />City Attorney.
<br />the Council
<br />
<br /> Motion of Mr. Dillon ~o refer Eoa conference of tho-Council and to ~btain an.~pinio~ i~om the
<br />
<br /> Motion of NL~,-Eastes te ame~-.the motion to-read thsr the matter be refer~ed to a conference of
<br />prior to being referred to the City Attorney, ~as adapted.
<br />
<br /> Vote being taken, the motion as amended, was adopted, without dissenting vo~e.
<br />
<br /> 64-147~- The following communication Trom the City Manager of Virginia Bemch was read:
<br />
<br /> "On Wednesday, July 8th, from 3:00-9:00 P.~., we~wiil be holding open, house at City Hall here in
<br />gk~%P~incess A~e Boro~gh, KiEgk~ia_Beach. Our City Council:~will go 'into special session at~ 7:30~P.~.
<br /> Our Cityextends a most cordial invitation to you and througk you to ybu~ouncir and o~ficiaIs
<br />of youF City.
<br /> Hoping you may find the time for aI visl~ on this eccssior., and with evezy gemdI Wish."
<br />
<br /> ~otion of Mr~. Knight to accep~ with ~hanks and,that as many as possible att~ was. adopted,
<br />without dissenting vote.
<br />
<br /> 64-148 - Th~following. comMunication i~om the PlanniD4 Director was read~
<br />
<br /> "At a special meeting this af.ternoon, the City Planning Commission conducted an advertised
<br />public hearing on the proposed zoning ordinance amendment attached hereto. This proposal deals Wi~h an
<br />additional zoning district idemtified as ~'-Wsterfront W~i'' and suggested for the general area east of Crawford
<br />Street.
<br /> The Planming Cemmission recommends adopt&em of this zoning ordinance amendment.
<br /> The Planning Commission further recommends that City Council, a~ its earliest convenience,
<br />consider instruct~ the City Clerk to advertise ~tHis mstte~.for puhl'i~ hearing~ required by sta'te law."
<br />
<br /> Motion of ~r. Knight ~o concur mn the recommendation of the Planning Commission smd to authorize
<br />the City Clerk 5o advertise fgr public hemri'ng, ~as adopte~, wi%heft'dissenting vote.
<br />
<br /> ~4-149 - The following communication from ~. Fred DBckworth, President., Tidewater V~rginia
<br />Development Council, addressed ~o Mayor Smith, Councilman Knight Smd 2he City Manager, was read:
<br />
<br /> "We are attaching a copy of a letter we have received eonderning Mr. John H. Groh, which is
<br />self-explanatory.
<br /> Mr, Groh is very well known and I sm sure you will hs~e ne t~on~le e/zecking~om him if you would
<br />be interested in his services.
<br /> ~y thinking is thst i~ you did not have ~ chairman for your Port and Ind,~st~il Au~l~ority and
<br />intend to name one who could also aid in iudustrisl development as welt as look ~,~.fter %he/sffairs,,of the Authority
<br />this man might fill the ~ill,
<br /> I am~just passing this o~ $o you for ~kst it may be w6Dth?'
<br />
<br /> Motibn of ~r. Knight ze refer to John C. Nix, Chairmsn -of~ th~ Po~emouth Port Commission, was
<br />adopted, without dissenting vo~e. ~
<br />
<br /> 64-150 ~"The following cemmunication~fMom the PortsmOuth Jsycees was read and on motion
<br />received with thanks:
<br />
<br /> "It ls m~ pleasure to inform you of the official opening ceremonies ~o be held on Saturday,
<br />July 4, 1964 for the grand opening of the "KIDDIE TRAIN~, sp~aered by the Junior Cham~er of Commerce of
<br />Portsmouth, Virginia. Without your consultation and, help, and that of' the s~tire City Council, we world have been
<br />unable to have completed our efforts and, therefore% wish, to ha~ ?ou wiSh~us at'~ity Park w~en our ceremonmes will
<br />be telecast by WAVY-TV at 10:00 A.M, f
<br /> We h~pe to' see the entire City Council present around 9:30 A.N. that morhing.
<br />
<br /> Motion of Mr. Knight that the City Attorney be authorized and directed to prepare an appropriate
<br /> resolution thanking the gaycees for the forward step taken mn the interest of the City of Portsmouth, was adopted.
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