· 407.
<br />
<br />follows:
<br />
<br />The proposed roadway widths and sidewalk widths for the s~reets in Westhaven Park are as
<br />
<br /> Total Width Proposed Roadway Proposed Sidewalk Area
<br /> of Streel Width on each side
<br /> Scott Street SO feet 30 feet l0 feet
<br />Duke Street 60 " 36 12
<br />Brighton Street 50 · 30 10
<br />Henry Street 60 "
<br /> 38 12
<br />Lincoln Street 50 30 10
<br />Nelson Street 60 36 "
<br /> 12
<br />Commonwealth Avenue 70 40 15 "
<br />Rodman Avenue 60 36- 12
<br />Halifax Avenue 60 36 12
<br />Cumberland Avenue 60 36 12 "
<br />Loudoun Avenue 60~76 feet 36 12 "- 17 feet.
<br />Fauquier Avenue 60 feet 36 12
<br />
<br /> As you will notice on the above tabulation, the north and south widths alternate from 50
<br />feet to 60 feet, every other one. is 50 feet and every other one is 60 feet. This is the pattern that all the
<br />Westhaven Subdivision plats from Frederick Blvd. (Hamilton Ave.) to Bain's Creek show and Westhaven Park is a
<br />portion of the original Westhaven Subdivision. All the streets ih both areas .are in the same alignment, the
<br />same widths and same locations as they were originally dedicated, which was done prior to the Jamestown Exposi-
<br />tion in 1907. During World War Two some builders bought the vacant land in'the ares known as Westhaven Park.
<br />The lots were replatted to make larger building aires, but the szreets remained in the same location and the
<br />same alignment. Why the alternating in the widths of the east and west streets from 50 feet to 60 feet we do not
<br />know; all the north and south streets were. laid out 60 feet wide and have substantially remained the same, ex -
<br />cept where there has been some replatting and the streets were made wider.
<br /> When the Frederick Blvd. U.S. Route No. 17 was constructed, the curb and gu%ret radii were
<br />installed ~o permit 36 feet on all the streets for ingress and egress ~t the east-wes~ street intersections, re-
<br />gard&ess of the total street width. On the streets ~50 feet wide, they-wilt have to~ be transitioned into a 30 ft.
<br />roadway. This ~o doubt-~as done by State Highway Department ~o permit traffic more safe and less hazardous
<br />in entering and leaving, the F~ederick Boulevard.
<br /> If we~woulW artemp~ to~inst~D1 the curbs and gutters {or a 36 foot roadway on the 50 toot
<br />wide streets in Westhaven Park many of the shade trees and shrubs planted on the present sidewalk area would be
<br />destroyed, and it is likely that many of the people living in Westhaven Park would be very unhappy. In additioni
<br />it would, require the relocating of many o~ the.~ater meters and would alse affect many of the existing driveways.
<br />to the residences, all of this will cause an~,unne~essary expense to,many people.
<br /> · We are attaching hereto a street map sho~ing the general area of Westhaven Park. In red
<br />pencil are shown, the~widths between the proposed curbs for the roadways and in blue pencil are shown the reserve~
<br />sidewalk ares. (Signed) F J Bergeron, Director ct Public Works,"
<br />
<br /> Motion of Mr. Smith ~o make Scott, Brigh.ton and Lincoln Streets in Westhaven Park thirty-
<br />six feet wide, was adopted, without dissenting vote.
<br />
<br /> 60-151 "I submit the attached ordinnnce and recommend that it be placed on first read-
<br />~ing. This separates the Juvenile and Domestic Relations Cou~t from the Municipal Court. Due to annexation, it
<br />is felt that this change is necessary because of the he~avy work load on the single judge. For the year 1959,
<br />there were 10,634 cases in Police Court, 12,988 in Civil Court, 8,i~5 in Traffic Court and 2,679 in Juvenile
<br />and Domestic Relations Court.
<br />
<br /> Under this ordinance, the Judge of the Juvenile and Domestic Relations Court
<br />shall serve as Associate Judge of the Municipal Court and will preside over such divisions as may be designated
<br />by the Municipal Judge. The Juvenile Judge mny also serve for the'Judge of the Municipal Court."
<br />
<br /> Motion of Mr. Walker to suspend the rules ~o hear from interested persons, was adopted.
<br />
<br />dissenting vote:
<br />
<br />Marian E. Turtle and E. E. Williams spoke.
<br />
<br />On motion of Mr. Bartlett; the following ordinance~was placed on first reading, without
<br />
<br />"AN ORDINANCE TO A~END THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1951, BY
<br />ADDING THERETO3'A NEW C~PTER TO BE NUN/~ERED 16.1 CONSISTING OF SECTIONS 16.1-1
<br />THEOUGH-16.1-12~ TO ESTABLISH A SYSTEM OF NN3NICIPAL COURTS AND PROVIDE PERSONNEL
<br />AND FACILITIES THEREFOR"
<br />
<br /> 60-152 - The following-opinion from'th~ City Attorney was'submitted:
<br />
<br /> .... ques-
<br /> '~t the last meeting of Council, an oral opinion was'given by the undersigned on the
<br />tion of the effective date and validity of an agreement dated April 13, 1960, with B.F. Diamond for filling of ~
<br />property at Pinners-Point, ~ Pursuant to-the reques~ of the-Council, that opinion is reduced to writing herein.
<br /> It has been suggested that this agreement comes within the ambit of the following language!
<br />in Secti6n 2~e~ Cha~pter X,of~t.he City Charter: [
<br />
<br /> '**No resolution of the Council *** disposing of any property or rights
<br /> of the City, shall b~cq~e effective until thirty days after its adoption***".
<br />I can not agree that the subject con~rac~ is consrolled by this provision s~nce the City has not disposed of any
<br />property nor has it disposed of any rights of the City, it being my opinion that the 'rights of the City' refer-
<br />red to are rights ,.of the.Cit~ ~n property owned by someone else,.easements ~or jointly held property.
<br /> Fu3rther examination of the City Charter for provisions which might touch upon the validity
<br />of the subject contract requires mention of the following sections:
<br /> (a) Section 23 of Chapter III (as amended in 1960) incorporated
<br /> Section 15-77.11 of the Code of Virginia, which reads as follows:
<br /> 'A mllnicipal corporation may control and regulate the use and
<br /> management 6f all its ~roperty, ~eal'and'personal, within and
<br />
<br />
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