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September 27th, 1961 <br /> <br />That: Said VA 1-7 site plan is hereby approved as a Group Housing <br /> Project with respect to ground coverage~ floor area ratio, <br /> lot area per dwelling unit, off-street parking and loading, <br /> and yard space zoning ordinance requirements." <br /> <br /> Motion of Mr. Dillon to concur i~ the recommendation of the Planning Commission was <br />approved, without dissenting vote. <br /> <br />61-284 - The following motion by Mr. Walker was lost, there being no second: <br /> <br />"I move that Section 1 of the Rules of Government of the Council be amended as follows: <br /> <br />'Section 1. There shall be regular meetings of the Council on the <br /> second and fourth Tuesdays in each month at 7:30 o'clock P.M. <br /> and continue in session not later than 11 o'clock P.M., except <br /> by unanimous consent of the members present. Regular conferences <br /> shall be held on the first and third Tuesdays in each month starting <br /> at 7:30 o'clock P.M. Both meetings amd conferences shall be open <br /> to the public. Items of business, which by their nasure requirn <br /> closed sessions~ shall be so considered by unan~mnus consent of all <br /> members of Council.' (New language underlined) <br /> <br />61-285 - The following communication from Mr. Walker was read: <br /> <br /> "I submit the attached ordinance for your considerat ion. This ordinance changes the <br />fiscal year of the City from July 1st to January 1st of each year. The prime result of such change would be to <br />bring together the dates for~ establishing the tax rate and the budget as prescribed by law: <br /> <br />Chapter 17, Section 58-844 of the Code of Virginia is quoted 'the Council of every city <br />and town shall annually cause to be made up and entered on their journals an account of <br />all sums lawfully chargeable on the city or town which ought to be paid within one year <br />and order a city or town levy of so much as in their opinion is necessary to be raised <br />in that way in addition to what may be received for licenses and from other sources...' <br /> <br />Section 15-575 of the Code of Vicginia is quoted 'At least 30 days prior to the time <br />when the annual tax levy is made, the Board of Supervisors or the Councils of the cities <br />and towns shall prepare...' <br /> <br />Chapter IV, Section 32 of the Charter of the City .of Portsmouth is quoted 'For the execu- <br />tion of its powers and duties, the city council may raise annually, by taxes and assess - <br />meats in said city, such sums as they shall deem necessary to defray the expenses of and <br />for the purposes of said city.' <br /> <br /> Secondary to the legal aspect, but of utmost importance in view of our <br />present fiscal condition, are the following o'ther reasons~for an immediate change in the <br />firsca year: <br /> First- The present policy of fixing a tax rate six months after, or before <br />(your choice) the budget is approved, is without foundation and of no effect except to <br />stabilize the denominator. At this mid point between two budgets it is too late to apply <br />it 5o the estimates of the current year and too early to apply it to the unknown require- <br />ments of the following year, <br /> Second- A new, and I believe an equitable, assessment will be certified at the <br />end of next year. The size of this new tax base and its effect upon the annual budget can <br />not be controlled by the taxpayers unless ~the right to set the-tax rate at the same time <br />is returned to them. By acknowledgingTthis right~ now, while there is still time to make <br />the necessary fiscal adjustments, the annual assessment system with all its good features <br />can be preserved~ and at the same time~ the taxpayer can be protected against its one <br />basic liability - its use to provide revenue by increasing the tax base rather than by <br />applying a tax rate to an equitable base. <br /> <br /> It is possible to establish a lawful and logical tax rate only when the annual tax <br />base and the estimated annual expenditures are considered together. The proposed change in the beginning <br />of the fiscal year will make that possible." <br /> <br />there being no second: <br /> <br />Motion of Mr. Walker to approve on first readingi~the following ordinance was lost, <br /> <br />"An Ordinance to Amend and Reordain Section 8-1.6, of the Code of the <br />City of Portsmouth, Virginia, 1951, as amended, to Provide for the <br />Beginning of the Fiscal Year on the First Day of January of Each Year <br />from and after January 1, 1962. <br /> <br />8-1.6 of the Code of the City <br />follows: <br /> <br />Be it ordained by the Council of the City of Portsmouth, Virginia, that Section <br />of Portsmouth, Virginia, 1951, as amended, be amended and reordained to read as <br /> <br /> Section 8-1.6 Fiscal year and lapse of appropriations. <br /> The fiscal year for the City shall begin on the first day of January of each <br /> year, beginning with January 1, 1962. All appropriations shall lapse at the <br /> end of the period for which they were made, to the extent they shall not have <br /> been expended or lawfully encumbered. <br /> <br /> This ordinance being necessary for the preservation of the public health, morals <br />and safety, an emergency: is declared to exist and it shall be effective from and after its passage.' <br /> <br />61-286 - The following letter from Claudius B. ~uffin was read: <br /> <br /> <br />