Minutes 08/31/1962 - Laserfiche WebLink

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August 31st. 1962 At a regular meeting of the City Council, held on August 31st, 1962, there were present: R Irvine Smith, C. S. Atkinson, Jack P. Barnes, John L. Dillon, George D Eastes, L L. Knight, W. T. Lesry, A. P. Johnson, Jr., City Manager, and J. S. Livesay, Jr., City Attorney. The meeting was opened with prayer by Mr. Dillon. Minutes of the meeting held on Augus~ 14th, 1962 were read and approved. 1962, was held. 62-176 - Public hearing on zoning petition 62-15, deferred from meeting of August 14~h, Willard J. Moody, Attorney, spoke for the petition.. Motion of Mr. Knight that the following ordinance be approved on firsl reading, was adopted, without dissenting vote: "ZONING AMENDMENT OPJ)INANCE 1962-15" The follow%ag co~nunicstions from the City Manager were read: 62-192 - "I submit the attached report from the City Attorney. This concerns the Court case of Hawkins ~s. Rodman and the petition for referendum submitted ~o the City Council with reference 5o the closing of Potomac Avenue. This is for your information." Motion of Mr. Leafy ~o receive as information was adopted, ~ithou~ dissenting vote. "The following report is made for the purpose of completing the Council records. Acting in accordance with s recommendation of the Planning Commission, the Council passed an ordinance on February 27, 1962, closing a portion of Potomac Avenue between Frederick Boulevard and South Street. On March 29, t962, a petition purporting to be signed by 2,276 electors of the City was presented ~o the City Clerk, protesting the enacrmen~ of the ordinance and seeking its repeal pnrsuan~ ~o Chapter X, Section 2 of the City Charter. On April 6, 1962, Frank Lewis Hawkins and others filed declaratory judgmen~ proceedings in the Court of Hustings against the signers of the petition and the members of the City Council. On the same day an order was entered restraining the Council members from considering or acting upon the said referendum petition. The declaratory judgment proceedings matured in due course, with the persons seeking the referendum being represented by, the law firm of Breeden, Howard and MacMillan, the undersigned representing six of the Councilmen, and Mr. George R. Walker representing himself. The question of the sufficiency of the petition for the referendum having been referred to a Special Commissioner, and Messrs. Breeden, Howard and MacMillan having been afforded the opportunity of checking the p~tition, all of the parties except ~r. Walker signed s stipulation that the petition was insufficient under the requirements of the City Charter. Thereafter, Mr. Walker having ended his term of office as a Councilman and Mr. George D. Eastesbaving been elected zo the Council, the a~torneys for the plaintiffs in the declaratory judgment proceedings moved the Court 5o substitute Mr. Eastes and drop Mr. Walker as parties defendant. At s hearing held Augus~ 24, 1962, the Court entered an order dropping Mr. Walker as a defendant and substituting Mr. Eastes. At the same hearing the Court entered a final order holding the referendum petition presented ~o the City Clerk to be insufficient under the City Charter and declaring the ordinance adopted February 27, 1962, 5o have been in full force and effect from and after thirty days subsequent to its adoption. Mr. Walker noted his objection to said actions of the Court. Ail of these proceedings were concluded at no expense to the City or the Councilmen represented by the undersigned. It is nor known whether Mr. ~alker will seek an appeal." 62-19~ - "I submit the attached report from the City Attorney. This concerns the Court case of the City of Portsmouth vs. the Hampton Roads Sanitation District Commission regarding the rights of the City to bill sad collect sewer charges ~n the annexed area." 'Acting pursuan~ to instructions of City Council, Mr. William B Spong, Jr., and the.writer have concluded legal action against Hampton Roads Sanitation District Commission with regard Eo the facilities of the Sanitation District in the 1960 annexation area On August 24, 1962, the Judge of the Corporation Court of the City of Newport News entered an order recognizing the City's rights to provide sewage ~res~men~ services in the annexed 5erritory and acquire the facilities of the Sanitation District thereby rendered unnecessary 5o the purposes of the Sanitation District. By sgreemen5 of all the parties to the litigation, this order also directed the sale ~o the City of all the facilities of the Sanitation District within-the City. All billings based on meser readings taken after July 1, 1962, will b~ by and for the account of the City. While the conclusion ~f this matter will result in some loss of revenue ro the City and requi e an initial outlay of more than $70,000.00, ~t will mean that the citizens in the areas affected will pay less for sewage treatment charges and have the convenience of paying water and sewage bills with one check." Motion of Mr. Dillon to receive as information was adopted, without dissenting vote. 62-194 - "I submit the attached Ordinance and recommend it be placed on firs5 reading. This appropriates $73,000.00 from the Annexation Bond Fund. It is To pay Attorney fees and incidental expenses in the Court case with Hampton Roads Sanitation District and 5o purchase ~acilities owned by them in the annexed area. This consists of 5,025 lineal feet of 27 inch concrete gravity sewer p~pe from Paradise Creek ~o Williams Court along George ~ashington Highway and 3,3~2 lineal feet of 14 inch cast ~ron pipe from the Cradock Pumping Station ro the George. Washington Highway along Alton Parkway thence ~o interception with the aboue mentioned 27 inch sewer The cost for these lines is $69,523.69. This is in accordance with the Court decree."