Minutes 06/20/1960 - Laserfiche WebLink

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~25. June 20th. 1960, following vote: On motion of Mr. Breedlove, the cormmunication was placed on the agends, and by the Ayes: Baker, Bartlett, Breedlove, Seward, Smith, Weiseman, Walker 'Nays: Node ...... Motion of Mr. t~rtlefit~that th~ ~nf~ac~ for the construction of the Mimosa Road 6chool be awarded to James T. Copley, Inc., the low bidder, at a cost of $339,865.00, as recommended by the School Board, but that an ~dd~ provision be pla~ed ih the cdntract, providing ~hat the bond shall meet with .. the approval of the City Attorney, was adopted, without dissenting vote. On motion adjourned. City Clerk. Approved *Mr. Baker presented the following: "From Opinions of the Attorney General - July tst, 1954 to June 30th, 1955 Counties, Cities, Towns - Council - Members may serve on Planning Commission F-249 (64) August 24th, 1954. Hon. W.B. Spong, Jr., Member, House of Delegates. This is in reply to your letter of August llth, 1954. The enclosures with your letter, as well as the Portsmouth Ordinance of April ~7th, 1954, a copy of which you were kind enough to furnish me, raise the question of the constitutionality of a member of the City Council of Portsmouth holding s position on the Planning Commission of that City. Section 121 of the Constitution of Virginia provides, zn part, as follows: 'No member of the Council shall be eligible, during his tenure of office as such member, or for one year thereafter, to any office ~o be filled by the Council by election or appointment'. ~he ordinance adopted April 27th, 1954 by the Portsmouth City Council, pursuant ~o the proviszons of Section 15-901, Code of Virginia, 1950, provides that members of the Planning Cormnission, in - cluding the Councilmauic member, are to be appointed by the Mayor of the City. Inasmuch as the in- hibition se~ forth in the constitutional proviszon above stated is applicable only to those offices elected or appointed by Council, I am of the opinion that such provision does noz preclude a member of Council being appointed ~o a City Plan~ing Commission which is appointed by the Mayor. ~ou understand, of course, this office does no~ undertake to pass upon the policy of the statute permitting a Councilman to hold a position on a City Planning Commission'.'"