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the employees involved in this operation, we find there ha. ye been very few turned off in error. There was one
<br />case in February when a portion of the mail was not opened on the day it was received, resulting in two or three
<br />consumers having been shut off in error.
<br /> We realdze there wilt be comp;islets concerning delinquen5 accounts, as for so many
<br />years not enough emphasis was placed on this phase of the operation, t~efore any emphasis was placed on delinquen'
<br />accounts, more than 50% of the accounts were delinquent a~ least six months. The account of Mrs. T.W. Jones on
<br />Effingham St.,was not shut off in error, as the owner was allowed to make s partial paymen~ with th~ balance to
<br />be paid by April 1st. The account was not shut off until April 5th and 'service was restored'within an hour, as
<br />the owner phoned she would pay the balance at once. This accoun~ was transferred to the monthly book February 6th
<br />1961 as requested by the owner and before her request was submitted To the City Council.
<br /> We are constantly studying means of improving this operation in the Water Department
<br />and wish to assure you every safeguard possible will bc se5 up to reduce the repitition of these occurrences."
<br />
<br /> Motion of Mr. Breedlove that the report be received and that Mrs. Jones be informed
<br />of th% results of the investigation was adopted, without dissenting rose.
<br />
<br />- UNFINISHED BUSINESS
<br />
<br /> 61-92; An appropriation in the amount of $296,00'0,00 for the construction of an
<br />addition ~o Woodrow Wilson High School, approved on first readin$ at last meeting, was taken up.
<br />
<br />following vo~e:
<br />
<br />,0~ motion of Mr. Barnes, $296,000.00 was appropriated for said purp~ e, and by the
<br />
<br /> Ayes: Bmith, Barnes, Breedlov~, Leary, Seward, Walker, Weiseman
<br /> Nays: None
<br />
<br />61-93 - 'The following ordinance, approved on first reading at last meeting, was
<br />
<br />taken up and read:
<br />
<br />"AN ORDINANCE TO DIVIDE THE AREA OF THE CITY OF PORTSMOUTH INTO DISTRICTS,
<br />'TO ESTABLISH BUILDING LINES, TO REGULATE AND RESTRICT THE LOCATION, ERECTION,
<br />CONSTRUCTION, RECONSTRUCTION, 'ALTERATION, REPAIR OR USE OF BUILDINGS AND
<br />OTHER STRUCTURES, THEIR HEIGHT, AREAAND BU~KAND PERCENTAGE OF LOT TO BE
<br />OCCUPIED BY BUILDINGS'OR OTHER STRUCTURES, THE SIZE OF YARDS, COURTS AND
<br />OTHER OPEN SPACES, AND THE TRADE, IEDUSTRY, RESIDENCE AND OTHER SPECIFIC
<br />USE8 OF THE PREMISES IN SUCH DISTRICTS: FOR THE PROMOTION OF H~LTH, SAFETY,
<br />MORALS, CON~ORT, PROSPERITY AND GENERAL WELFARE OF THE GEN~ PUBLIC AND
<br />OF THE CITY OF PORTSMOUTH: TO PROVIDE FOR'THE CHANGE OF BOUNDARIES, REGULA-
<br />TIONS AND RESTRICTIONS INSUCH DISTRICTS; TO PROVIDE FOR NON-CONFOP~IING
<br />USES; TO PROVIDE SET BAC~S: TO PROVIDE FO~ OFF-STREET PARKING AND LOADING
<br />FACILITIES FOR MOTOR V~HICLES; TO PROMOTE ~ONFORMITY; TO PROVIDE FOR THE
<br />ISSUANCE OF CERTIFICATES OF OCCUPANCY; TO PROVIDE FOR THE INTERPRETATION AND
<br />ENI~ORCE~ENT OF ~HE ORDINANUE AND~OR A~END~ENTS THERETO; TO PRESCRIBE FEN -
<br />ALTIES FOR VIOLATION OF THE P~OVISIONS ~REREOF; AND TO REPEAL ALL ORDINANCES
<br />OR PARTS OF ORDINANCES INCONSISTENT THEREWITH, WITH CERTAIN EXCEPTIONS"
<br />
<br />Motion of Mr. Breedlove to adopt said ordinance.
<br />
<br />Mr. Walker made the following statement:
<br />
<br /> "I object ~o the passage of this ordinance as it is now ~ritten and reguest that
<br />this protest be made a par~ of the record. I expect ~o rose against the ordinance in general because it vic -
<br />lates and does g~ave damage to the whole concept of our system of American jurisprudence by wiping from the Code;
<br />rather than be amending it as necessary and conventional; a whole section relatively u~tried by usage or by the
<br />court ~nd one which clearly provides protection IF ENFORCED to the individual proper~y owner, and replacing it
<br />with a completely different, incomparable maze of language, difficult to inzerpret and impossible to equitably
<br />enforce, which places the individual home ova~er a~ the mercy of tke dollar and political influence, his only re -
<br />course being to the Court - not ~o the government which burdened him with the la~,
<br /> In particular, Section 6-3 alone is so obnoxious and dangerous ~o the rights of
<br />the people and to their safety and welfare as to demand my negative vote. It clearly without a shadow of doubt,
<br />sets forth a process intended to legally protect the governing bQdy from the' petitions, desires and protests of
<br />the governed and to shunt such responsibility for ~eth the law and the actions of the city .officials to. the juris-
<br />diction of a Bo~rd of Zoning Appeals_ appointed by tha~ Court.
<br /> If-the authors of this ordinance and the Council who reviewed it, l~d desired to
<br />~eep.the power to. restrict the people in the use of their property within the purview of government by the
<br />people, it would have been logical and simple 5o place this appllate function under the Planning Commission,
<br />which the represent-atives of the people appoint, and which already processes~appeals for changes in the zoning
<br />map - a part of the ordinance~
<br />
<br /> It is dangerous 5o our form of government and 5o its people when the Court usurps
<br />the leg:islstive and executive functions but when, by deliberate ac~, the legislators force their function upon
<br />the court, it is an indefensible ac~ of sabotage of goverumenE of, by, and for the people."
<br />
<br />lowing vo~e:
<br />
<br />Motion of Mr.' Walker to amend tbs ~,mQ~i~n~e as follows, was lost and by the fol -
<br />
<br /> "I move that the mOtion be amended to read 'except Section 6-3 which
<br /> shall be changedTby substituting the word 'Council' for the word 'courts'
<br /> in the eighth line of the section and by deleting the entire last sentence be-
<br /> ginning with the words 'It is further the intention --' and except Section
<br />
<br />· 7-1 for which the following section shall be substituted: 7-1 - Establishment
<br /> of the Board. The Planning Co~mission is hereby established as the Board of
<br />Zoning Appenls."
<br />
<br />Ayes: Walker
<br />Nays: Smith, Barnes, Breedlove, Leary, Seward, Weiseman
<br />
<br />
<br />
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