Minutes 07/14/1959 - Laserfiche WebLink

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59-187 - "I submit the following ordinance and recommend that it be placed on first reading. This ordinance rescinds a previous ordinance placing a 50% surcharge on non-residents who purchase cemetery lots in Olige Branch Cemetery. Since we have increased our price on cemetery lots, I do act think it is nec- essary that we have this 50% surcharge any longer.~' On motion of Mr. Breedlove, the following ordinance was placed on first reading, without dissenting vote: "AN .ORDINANCE TO REPEAL SECTION 6-1~.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA 1951, RELATING TO SALE OF LOTS AND SINGLE, GRAVES IN CITY-OWNED CEME- TERIES TO NON-RESIDENTS" 59-188 - "I submit the at~ached ordinance and recommend that it be placed on first read- ing. This ordinance appropriates funds for the operation of the City Government for the month of August, 1959."] On motimn of Mr. Smith, the following ordinance was placed on first ~reading, without dis - I senting '~N ORDINANCE TO APPROPRIATE FUNDS NECESSARY FOR OPERATION OF THE CITY GOVERNMENT FOE AND DURING THE~ MONTH OF AUGUST, 1959." 59-189 - "I submit the ~attached ordinance to amend Section 8-1.21 of the Finance Ordinance This is submitted at the request of Councilman A.C. Bartlett.~' Mr. Bartlett moved the adoption of the proposed a~endment. The Chair ruled that under Rule 22 of Roberts Rules of Order, the motion would have to be offered in the form of suspending Section 2-16 of the Rules of Order that interfere with the cousideration of a motion to amend Section S-1.2t of tile Co~e of the City of Portsmouth. Mr. Bartlett asked .the Chair to guide him ~n t~e making of the motion and in reply, at the Mayor's suggestion, the following motion was made: Motion of Mr. Bartlett to suspend Section 2-16 of the Rules of Order that interfere with the consideration, of-a motion to- emend Section 8-1.21 of the Code of the City of Portsmouth was lost, and by the following vote: Ayes: Bartlett, Seward, Smith, Weiseman Nays: Baker, Breedlove, Walker The Chair announced that under Section 2-16 of the Rules of the Council, the motion was not carried. Mr. Bartlett asked the Chair that he be permitted to-have recorded in the minutes his general disagreeme~ with the ~ul~ng of the Chair and his protest that it was not necessary to go into the sus- pension of the section of Rules mentioned, ~o have the emendment adopted. 59--190 - "Attached hereto is a repor~ from the City Attorney regarding the case of Bart- lett v. Baker et als." "In a recen~ conference of the Council, there was some discussion of the case of Bartlett v. Baker,~ et als, now pending in the Circuit Court. The basic purpose of this declaratory judgment proceedings apparently is to obtain judicial construction of Section 2-16 of the City Code. After considering all aspects of the case, I have determined to file an answer for the City in the form attached hereto, unless otherwise directed by the Council. This answer merely asks the Court for guidance. Unless an answer is filed, the City will be in default, which I think should be avoided~ Motion of Mr. Weiseman that the report of the City Attorney be approved was adopted and by the following vote: A yes: Bartlett, Seward, Smith, Weiseman Nays: Baker, Breedlove, Walker 59-191 - "Councilman Breedlove has requested ~at the question of employing counsel for the Mayor and Vice Mayor inthe pending Court suit be placed ~n the agenda for discussion." Motion of Mr. Breedlove that the Council authorize the employmenz of counsel ~o represent Mr. Baker and himself-as Councilmen, in-the suit being brought by Mr'. 'Bartlett, was lost, and by the follow- Ayes: Walker Nays: Seward, Smith, Weiseman . - and read:- Mr~ Baker, Mr. Bartlett and Mr. B~eedlove-abstaining frdm voting. - --UNFINISHED BUSINESS · 59-170 - The followin~ ordinance, placed on-first reading at last meeting, was taken up "AN-ORDINANCE TO A~ENDAND RE-ORDAIN SE4DTION ~0 OF THE'ORDINANCE TO PROVIDE A SUPPLEMENTALRETIREM~NT SYSTEMFOE CITY ~MPAOYEES', ADOPTED AUGUST 25, 1952, AS AM_ENDED, IN ORDER TO PROVIDE CONTINUED MEMBERSHIP FOR LIMITED PURPOSES FOR CERTAI~E~PLOYEEB TRANSFERRED TO THE OFFICES OF THE CO~ISSIONER OF THE REVENUE ~ THE CITY TREASURER"