Minutes 06/23/1959 - Laserfiche WebLink

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281 June 23rd, 1959. Sections 15-575, 15--576 and 15~577, so that it is now unlawful in the State of Virginia, to adopt an annual budget as theretofore known. Under existing state law, department heads are required to sn~it estimates of their anticipated expenditures for the fiscal y~ar ~ud these estimates are compiled into a paper which has become ~nown as the annual budget g~ide. Appropriations m~y thereafter be made by the Council on a monthly, quarterly, semi-annual or annual basis. The principal distinction, however, ks tha. t the Conncmil is never called upon ~or permitted to adopt, ratify or con£irm the items contained in the annual budget guide. Since the' subject'matter of the q~o~ed portion of Section 2-16 of the City Code no longer exists by virtue of an action of the General Assembly, it is my considered opinion that the quoted material is'no longer valid and has absolutely no application from and after the effective date of Chapter 69 of the Acts of the General Assembly, Extra Session 1959. This opinion zs concurred in by other members o£ the Portsmouth Bar and has been for the writer the subject of no less than one month's consideration. The only law£ul requirements with r~spect to the number of councilmen voting for an appropriation are contained in Section 123 of the Constitution o£ ~iYg~nia, Section 15-412 o£ the Code of Vir- ginia, and Section 17 of Chapter III of the Charter of the City of Portsmouth: ~mmely, 'a ~ecorded a£firmative vote of a majority o£ all the members elected ~e the Council. (Signed) J.S. Livesay,Jr., City Attorney." Mr. Bartlett stated that the opinion o£ the City Attorney in the matter ks definite and since the Council looks to him for leadershi~ along legal lines, Mr. Bartlett moved that the Council co~cur in %he opinion of the City Attorney as stated herein. The Chair ruled the motion-out of order and stated that under Section 22 of Roberts Rules of Order, the rules must be suspended before this motion could be properly before the body. Mr. Bartlett asked if the Mayor refused to puz the question to avote and the Mayor replied that anti~ the proper procedure has been followed, the matter is not p~eperly before the body. On motion adjourned. Approved - · Cit~- Clerk.