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there were present:
<br />
<br />At a special meeting of the City Council, held at_ t0:00 A.M., on December 9th, 1961,
<br />
<br />R. Irvine Smith, C. S. Atkinson, John L. Dillon, W.T. Leery, George R. Walker:
<br />A. P. Johnson,Jr., City Manager, and J.S. Livesay,Jr., City Attorney.
<br />
<br />Absent - H. E. Weiseman, Jack P. Barnes, because of illness.
<br />
<br />The following call for the meeting was read:
<br />
<br /> "Please attend a special meeting of the City Council, in the Council Chamber at
<br />10:00 A.M., on Saturday, December 9, 1961, to consider:
<br /> 1. On second reading, the following ordinance:
<br /> 'AN ORDINANCE TO PETITION THE CIRCUIT COURT OF NOP~OLK COUNTY,
<br /> VIRGINIA, PURSUAiqT TO THE PROVISIONS ~OF CHAPTER 8 OF TITLE 15
<br /> OF THE CODE OF VIRGINIA, 1950, AS AMENDED, FOR THE ANNEXATION
<br /> OF CERTAIN TERRITORIES LYING IN NORFOLK COUNTY, VIRGINIA,
<br /> ADJACENT TO THE CITY OF PORTSMOUTH, VIRGINIA; TO SET FORTH THE
<br /> NECESSITY FOR AND EXPEDIENCY OF SUCH ANNEXATION AND THE METES
<br /> A1VD BOUNDS AND SIZE OF SUCH TERRITORIES;- TO INDICATE GENERALLY
<br /> THE SUBDIVISIONS, INDUSTRIAL AREAS, FARM AREAS, VACANT A~EAS
<br /> AND OTHER AREAS SOUGHT TO BE ANNEXED, TOGETHER WITH OTHER INFOR-
<br /> PL~TION DEEMED RELEVANT AS TO POSSIBLE FUTURE USES OF THE PROPERTY
<br /> WITHIN THE AREAS; TO STATE GENERALLY THE TERMS AND CONDITIONS
<br /> UPON WILICH ANNEXATION IS SOUGHT, AND THE PROVISIONS PLANNED FOR THE
<br /> FUTURE IMPROVEMENT OF THE ANNEXED TEERITORIES, INCLUDING THE PRO -
<br /> VISIONS OF PUBLIC UTILITIES AND SERVICES THEREIN; AND TOAUTHORIZE
<br /> THE INSTITUTION AND CONDUCTING OF THE NECESSARY LEGAL PROCEEDINGS
<br /> TO EFFECTUATE SAiD ANNEXATION'
<br /> 2. The City Manager's request for authorization to employ engineering
<br /> consultants, expert witnesses and special counsel for annexation
<br /> suit.
<br /> 3. On first reading, an ordinance appropriating $105000.00 from the
<br /> General Capital Improvement Fund for expenses of annexation suit.
<br /> By Order of the President."
<br />
<br /> 61-332 The following ordinance, approved on first reading at called meeting
<br />of December 5th~ 1961 was taken up and read:
<br />
<br />"Ah- ORDINANCE TO PETITION THE CIRCUIT COURT OF NORFOLK COUNTY,
<br />VIRGINIA, PURSUANT TO THE PROVISIONSOF CHAPTER 8 OF TITLE 15
<br />OF THE~CODE OF VIRGINIA, 1950, AS AMENDED, FOR THE ANNEXATION
<br />OF CERTAIN TERRITORIES LYING IN NORFOLK COUNTY: VIRGINIA,
<br />ADJACENT TO THE CITY OF PORTSMOUTH, VIRGINIA; TO SET FORTH THE
<br />NECESSITY FOR AND EXPEDIENCY OF SUCH ANNEXATION AND THE METES AND
<br />BOUNDS AND SIZE OF SUCH TERRITORIES; TO INDICATE GENERALLY THE
<br />SUBDIVISIONS, INDUSTRIAL AREAS, FARM AREAS, VACANT AREAS AND
<br />OTHER A/tEAS SOUGHT TO BE ANNEXED, TOGETHER WITH OTHER INFORM3_ -
<br />TION DEEMED RELEVANT.AS TO POSSIBLE FUTURE USES OF THE PROPERTY
<br />WITHIN THE AREAS; TO STATE GENERALLY THE TERMS AND CONDITIONS
<br />UPON WHIGHANNEXATION IS SOUGHT, AND THE PROVISIONS PLANNED FOR
<br />THE FUTURE IMPROVEMENT OF THE ANNEXED TERRITORIES, INCLUDING THE
<br />PROVISIONS OF PUBLIC UTILITIES AND SERVICES THEREIN; AND TO AU -
<br />THORIZE THE INSTITUTION AND CONDUCTING OF THE NECESSARY LEGAL
<br />PROCEEDINGS TO EFFECTUATE SAID ANNEXATION"
<br />
<br />On motion of Mr. Atkinson, the ordinance was adopted, and by the following vote:
<br />
<br />Ayes: Smith, Atkinson, Dillon, Leery
<br />Nays: Walker
<br />
<br /> T~e.~Qllowing steP,meat.was made by-~ir. Walkem:-.
<br />I have voted against the proposed ordinance for the following reassons:
<br />
<br />wish the recor~ tq show that
<br />
<br />First-
<br />
<br />Second-
<br />
<br />Action taken prior to 7:30 PM December 1, 1961, either by
<br />the Attorney, the Manager and the Planning Director with-
<br />out authority of Council or by leave of a mejority of~ae
<br />Council without the official action or consent of the body,
<br />is an improper action.
<br />The citizens have had only seven (7) days knowledge of the
<br />propnsed action. They have had no chance to hear and understand
<br />all the aspects of this proposal (if they would listen in this
<br />pre-Christmas season). There have been no public hearings and
<br />practically no time in which to compose and register their ap -
<br />proval or objection. This is contrary; and does great damage;
<br />to ~ree government."
<br />
<br /> 61-333 - The following communication from the City Manager was read:
<br /> "In order that the City may properly prepare its annexation case, it will be neces~
<br />sary to employ engineering consultants, expert witnesses and a special counsel. I recommend that I be authorized
<br />to employ these people to assist in the annexation case." I
<br />
<br /> Motion of Fir. Dillon to concur in the recommendation of the City Manager was
<br />adopted, and by the following vote:
<br />
<br />
<br />
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