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IF this connection, it should be noted nhat the second paragraph o£ Section 121 of the
<br />Constitution of Virginia, pertaining ro all city councils, reads as follows:
<br /> 'No member of the council shall be eligible, during his tenure of
<br /> effice as such members, or~ for one year nhereafter, to any office
<br /> to be filled by the council by election or appointment.
<br /> Obviously, the meaning, of the word "office" in the Portsmouth Charter is the same as in
<br />the Constitution, the Charter provision having been copied from the Constitution. Therefore, it would follow
<br />that the appointment by any one of the participating cities of a member of its city council to the Southeastern
<br />Virginia Regional Planning Commission would violate Section 121 of the Constitution. Stated differently, electio~
<br />or appointment of any city councilman in Virginia by his city council to an "office".would be in violation of
<br />Section 12] of the Constitution, without regard to any provision of general law or charter.
<br /> Although the proposed agreement does not require the Portsmouth City Council to appoint
<br />one of its members to this Coramission, it does state the authority co do so. Therefore, in view of the
<br />referenced opinzon of the Attorney General, the undersigned recommends that the subject agreement not be entered
<br />into by this City until the offensive language therein is modified. (Signed: J. S. Livesay, City Attorney) "
<br />
<br /> Motion of Mr. Dillon that the consideration of this matEer be referred to a conference
<br />was adopted, without dissenting vote.
<br />
<br /> 62-259 - "I am in receipt of a letter from the Portsmout~ Elks Lodge #82 requesting
<br />payment on a check dated March 2, 1949.
<br /> This is s payroll check payable to Mr. E. A. Pate in the amount of $60.04.
<br />The Elks Club in clearing up ~ome old records found this check, which had not cleared through the bank in their
<br />files.
<br /> the Check was carried outstanding on the books of the City for a number of
<br />years and finally charged off. For this check to be paid, it will be necessary~ for the City Council to authorize
<br />payment."
<br />
<br />Motion of Mr. Dillon to authorize payment of the. check was adopted, without dissenting
<br />
<br />September 30,' 1~6~;~!
<br />
<br />62-260 - "Mr. W. P. Lifsey's ~erm on the Supplemental.Retirement Board has expired.
<br /> It is necessary that an election be held on this, the Lerm to run until
<br />
<br />Board was adopted.
<br />
<br />Motion of Mr. Barnes uo go into the election of a member to the Supplemental Retirement
<br />
<br /> Mr. Barnes nominated W. P. Lifsey to succeed himself on the Retirement Board, for a ~erm
<br />four years, ending September 30th, 1966.
<br />
<br />Board.
<br />
<br />There being no other nominations, Mr. Lifsey was unanimously elected~o the Eetirement
<br />
<br />62-261 - "I submit the attached letter from the office of the City Attorney."
<br />
<br /> "I hereby resign the office of City Attorney effective December 15, 1962.
<br /> After five years of service with the City, this is a difficult decision to make.
<br />much thought on the subject compels me to enter the private practice of law a~ this time.
<br /> Each of you have my very best wishes for success in your conduct of municipal and
<br />personal affairs. (Signed: J. S. Livessy, City Attorney)"
<br />
<br /> Motio~ of Mr. Atkinson to accept with regrets and that the question of the appointment
<br />of a successor be referred to a conference, was adopted, without dissenting vote.
<br />
<br /> 62-262 - "The Portsmouth Redevelopment and Housing Authority has submitted the attached
<br />Resolution requesting its adoption by the City Council
<br /> The Mousing Authority has adopted a Resolution amending the Redevelopment Plan
<br />for Lincolns~ille. This Resolution amends the plan by changing parcel 2 from public use to redevelopmenz by
<br />private enterprise.
<br /> It amends parcels 9, 10, 1t and the cul-de-sac to multifamily residential use
<br />r~her than single family and street re-use
<br />
<br />On motion of Mr. Dillon, the following resdlution was adopted:
<br />
<br /> "WHEREAS, the Council, by Ordinance adopted on December 3, 1959, approved the Eedevelopment
<br />Plan of the Lincolnsville Redevelopmen~ Project VAR -6, Portsmouth, Virginia, of the Portsmouth Redevelopmen~
<br />and Housing Authority; and
<br /> ~IEREAS, by Resolution duly adopted, the said Portsmouth Redevelppment and Housing
<br />Authority has adopted Amendment No. 1 to the said Redevelopmen~ Plan and has requested the Council to approve
<br />said Amendment; and
<br /> WHEREAS, in the judgment of the Council, it is ~o the interesl of the City and its
<br />inhabitants that said Amendment be approved.
<br /> NOW~ TMEREFORE~ BE IT RESOLVED by the Council of the City of Portsmouth that the attached
<br />Amendment No. 1 to the Redevelopment Plan, Liucolnsville Redevelopment Projec~ VAR-6, Portsmouth, Virginia,
<br />having been duly reviewed and considered, is hereby approved."
<br />
<br />meeting,
<br />
<br /> UNFINISHED BUSINESS
<br />
<br /> 62-2~6 - The following Zoning Amendment Ordinance, approved on first reading ar last
<br />~as taken up and read:
<br />
<br /> "ZONING A~_ENDN~ENT ORDINA/~CE 1962-24."
<br />
<br /> On motion of Mr. Atkinson, the ordinance was adopted and by the following vome:
<br />
<br /> Ayes: Smith, Atkinson, Barnes, Dillon, Eastes, Leafy.
<br /> Nays: None
<br />
<br />
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