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62-241- "t submit the attached letter from the City Attorney.
<br /> This deals with the Court case of ~ & C Development Corporation vs.
<br />service lines."
<br />
<br />Whitehead,
<br />
<br /> "From ~ime ~o time you have been advised in conference of the status of the case styled
<br />H & C. Development Corporation, et al, vs. Stephen L. Whitehead, Jr., e~ al,having Eo do with water service
<br />connections.
<br /> The proponents of a referendum on this subject have appealed the trial court's ruling
<br />against them Briefs for presentation of the issue to the Supreme Court of Appeals of Virginia are now being
<br />prepared.
<br /> In view of altered arrangements with respect ~o responsibility for water service connec-
<br />tions and the Tremendous interest the City has in this matter, I recolamend that the City of Portsmouth intervene
<br />in the case on appeal as a friend of the Court. (Signed: J. S. Livesay, City Attorney)
<br />
<br />On motion of Mr. Leafy, rules were suspended to hear from interested persons.
<br />
<br />Louis Whitehead spoke.
<br />
<br /> Motion of Mr Leafy to concur in the recommendatzon of the City Attorney was adopted,
<br />without dissenting vo~e.
<br />
<br /> 62-242 - "At the last meeting of the City Council s petition was referred to me from
<br />residents of Smithfield Road. They are complaining of the Community Motor Bus Company acquiring additional land
<br />and using it for parking and storage of buses.
<br /> Upon investigating this matter, I find the following occured: An application
<br />was presented to the Planning Commission by P. H. Boyette, Jr.- and Company, Incorporated at its meeting on July 8,
<br />1960, for a large tract of land including the land in question. This request was for change of zoning from
<br />Residential to Industrial for use by the Rental Uniform Company. This Zoning change was necessary as this area
<br />was incorporated into the City January 1, 1960, and all land was zoned residential in the annexed area until the
<br />new Zoning Ordinance could be adopted. The Planning Commission approved the rezoning.
<br /> The application was then submitted to the City Council at its meeting el
<br />July 12, 1960, and a Public Hearing was held. The City Council approved the re~oning on first reading. On
<br />July 26, 1960, this rezoning came.up for second reading. There were residents of Smithfield Road at this
<br />meeting objecting ~o the rezoning of this property. Mr. John A. MacKenzie spoke for the rezoning representing
<br />Rental Uniform Company. This matter was tabled until the next meeting. At the next meeting of City Council on
<br />August 9, 1960, this rezoning application was again considered. There was a petition presented by the residents
<br />of Smithfield Road objecting to this rezoning. Mr. W. T. Parker, Attorney spoke requesting that this one
<br />application for rezoning to I Light Industrial be the only one to receive consideration or approval by the
<br />Council. The City Council approved the application on final reading.
<br /> On March ~6, 1961, the City Council approved the Community Motor Bus Company
<br />taking over the operation of the bus lines in the City with their headquarters located sdjacenz re the property
<br />in question. At the City Council meeting of April 25, 1961, a new Zoning Ordinance was adopted rezoning the
<br />entire City and all of the area around Smithfield Road was zoned Industrial, this street being left Residential.
<br /> I have been advised that it was aecessary for the Community Motor Bus Company
<br />to acquire additional land and that they bought the proper~y in q~estion from Rental Uniform Company. This
<br />being the same land that the Council rezoned in August, 1960, to [ndustrisl and the Bus Company was under the
<br />impression that the land was still Industrial.
<br /> It appears that when the new Zaning Ordinance was adopted and the new map
<br />drawn, the Residential area wDs extended into the land owned by Rental Uniform Company and that the property now
<br />owned by Community Motor Bus Company is zoned parr Industrial and parr Residential. This being the case as
<br />outlined above, this matter can be handled by Section 2-3 of the Zoning Ordinance which states:
<br /> Section 2-2 (a) (3) Where district boundaries are indicated as approximately
<br />following lot lines, such lot lines shall be construed to be said boundaries.
<br /> (b) Whenever any person questions the decision of the Building Official as to
<br />lawful zoning of any land or the boundaries of any ~district as shown on the'Zoning Map, such person may appeal
<br />~o the Board of Zoning Appeals as provided in Article 7."
<br />
<br />On motion, the privilege ~f the f~oor was granted interested persons.
<br />
<br />John A. MacKenzie, Attorney, spoke for the Co~aunity Motor Bus Compsny.
<br />
<br /> J. S. Kelly spoke against the reques5.
<br />
<br /> Motion of Mr. Easte~ that the Manager's repor~ be received as information was adopted,
<br />without dissenting vote.
<br />
<br /> 62-243 - "Bids were opened today at 1I:00 A.M. for the construction of ~ water storage
<br />tank of one and one half -million gallon capacity, this tank 5o be located a~ Victory Boutevar~ and Airline
<br />Boulevard.
<br /> Graver Tank & Manufacturing Company $ 277,448.00
<br /> Chicago Bridge & Iron Company 209,850.00
<br /> Pittsburgh-Des Moines Steel Company 199,000.00
<br />
<br /> I recommend that the low bid of Pittsburgh-Des Meines Steel Company in the amount of
<br />$199~000.00 be accepted and the proper officials be authorized ~o:sign the conErac~.
<br />
<br /> Motion of Mr. Knight ~o concur mn the recommendation of the City Manager, and that the
<br />proper cil~ officials be authorized ~o sign the contract, was adopted, withomt dissenting vote.
<br />
<br />up and read:
<br />
<br /> UNFINISHED BUSINESS -
<br />
<br />6~-227 - The following ordinanc~ approved on firs~ ~eading at last meeting, was taken
<br />
<br />
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