On motion of Mr. Dillon, the ordinance was adopted, and by the following vote:
<br />
<br /> Ayes: Smith, Atkinson~ Barnes, Dillon, Leery, Walker
<br /> Nays: None
<br />
<br />NEW BUSINESS
<br />
<br />61-339 - The following petition was read:
<br />
<br /> "We, the undersigned, qualified electors of this City, respectfully petition
<br />your honorable body to cause to be[~ubmitted to a vote the following question:
<br /> 'Shall an ordinance be enacted to amend Section 24-55 of the Code of the City of
<br /> Portsmouth, Virginia 1951, as emended, to provide for installation and maintenance
<br /> of water service connections and lines between the City main and the deter, as
<br /> submitted ~o the City Council of Portsmouth on September 12, 1961, by the Civic
<br /> Executives Association'
<br /> PETITIONERS' REASONS FOR ~HE SAID ADOPTION ARE;
<br /> Such an ordinance would remove the cost of water line maintenance from ~he property
<br /> owner as now exists, and place this responsibility with the Portsmouth Water Depart-
<br /> menn. The fact that City water mains run on the north side of east. and west streets
<br /> and on t~e west side of north and south streets further imposes an inequitable cost
<br /> to the property owner whose water line must run under the city street to tap the
<br /> water main. This inequity is further enlarged by the City daarging the property
<br /> owner for street repairs when entered by a plumber to install or repair a water line~'
<br />
<br />Signed, Stephen L. Whitehead, Jr., 4415 County St., and others."
<br />
<br />In this connection the following letter from the City Attorney was read:
<br />
<br /> "On December 5, 1961, the City Clerk received a petition from Stephen L. Whitehead,Jr.,
<br />and others, pursuant to Chapter X, Section 1, of the City Charter, concerning a proposed amendment to Section
<br />24-55 of the Code of the City of Portsmouth~ Virginia, 1951, as amended. The sponsors of the petition represent
<br />that it is signed by 4,052 electors (1,256 being the minimum necessary at this time) and that the petition other-
<br />wise conforms to all requirements of !aw.
<br /> l~ursuant to ~ direction of the Council in conference on the morning of December 9, 1961,
<br />I have prepared a~d attach a draft of ordinance in line with Council's request for an ordinance to be offered as
<br />an alternative to that proposed~,by the petitioners. In order to accomplish the procedures agreed upon by the
<br />Council at the said conference, the attached resolution should be adopted by the Council tonight.~
<br />
<br />On motion of Mr. Leery, the following resolution was adopted, without dissenting vote:
<br />
<br />"Be it Resolved by the Council of the City of Portsmouth, Virginia:
<br />
<br />(1)
<br />
<br />That there be submitted to a vote of the electors of the City of Ports-
<br />mouth at an election to be held on the 6th day of February, 1962, the
<br />following questions:
<br /> First: for or against the adoption of any ordinance to amend
<br /> Section 24-55 of the Code of the City of Portsmouth, 1951,
<br /> as amended.
<br /> Second: a preference for the ordinance proposed by Stephen L. While-
<br /> head, Jr., and others, or for the substitute ordinance pro -
<br /> posed by the City Council.
<br />
<br />That the City Clerk is directed to transmit forthwith to the Electoral
<br />Board of the City certified copies of the ordinance proposed by Stephen
<br />L. Whitehead, Jr., and others, and the substitute ordinance proposed by
<br />the City Council, copies of which are attached to and made a part hereof.
<br />
<br />(3)
<br />
<br />That the Electoral Board of the City be, and they are hereby, directed to
<br />make the necessary arrangements for the election and take the sense of the
<br />qualified voters of the City on the questions as set forth hereinabove."
<br />
<br />1961 was read:
<br />
<br />61-340 - The following report from the Court of Hustings on election held on November 7th~
<br />
<br />"VIRGINIA: In the Court of Hustings for the City of Portsmouth, held on the
<br /> 27th day of November: 1961.
<br /> On petition for an election for ) Law Docket No. 3795
<br /> the issuance of Water Bonds )
<br />
<br /> This day came Sam uel G. Post, C J Lakes, Clarence E. Wise, No~wood B. Rich-
<br />ardson, Sr., and Mary B. Crowder, the Commissioners of Election, appointed by the Electoral Board of the City of
<br />Portsmouth, Virginia, to canvass the ballots and election returns of the election held in the City of Portsmouth
<br />Virginia, on the 7th day of November, 1961 to determine the question:
<br /> ~Mhall the City of Portsmouth be authorized to issue, under the provisions
<br />of Section One Hundred and Twenty Seven, Clause (b), of the Constitution of Virginia, and Section I5-666.21
<br />and other pertinent provisions of Chapter 19.1 of Title 15 of the Code of Virginia, 1950, bonds in the emount of
<br />Five Million, Six Hundred Thousand Dollars ($5,600,000.00) in order to make certain improvements, extensions and
<br />additions to the system of water works of the City o~ Portsmouth', in conformity with an ordinance of the City
<br />of Portsmouth adopted by the Council of said City on the seventeenth day of Oc'tober, 1961, the object of the
<br />issuance of said bonds being to make certain improvements, extensions and additions to the system of water works
<br />of the City of Portsmouth~ and presented to the Court their certificate of the qualified votes cast at said elec-
<br />tion as follows:
<br /> For bond imsue were cast five thousand, seven hundred sixty-one votes.
<br />
<br />
<br />
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