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June 9th, 1959.
<br />
<br />,j
<br />
<br />At a regular meeting of the City Council, held on June 9th, 1959, there were present:
<br />
<br />B. W~ Baker, A.C. Bartlett, W.R. Breedtove, n.B. Seward, R. Irvine Smith,
<br />George R. Walker, H. E. Weiseman, A.P. Johnson,Jr., City Manager, and
<br />J.S. Livesay, Jr., City Attorney.
<br />
<br />The meeting was opened with prayer by Mr. Weiseman.
<br />
<br />Minutes of the regular meeting of May 26th, 1959 were read ~nd approved.
<br />Minutes of called meeting of May gSth, 1959 were read and approved.
<br />
<br />Minutes of called meeting of June 2, 1959 were read and approved.
<br />
<br />The following reports from the City Manager w~re read:
<br />
<br /> 59-154 - "The American Iron and Metal Company has requested a permit to use the Belt
<br />Line Railroad property in ~the~Pinners Point area as a storage yard for scrap metal. Under Section 32-50 of the
<br />City Code, it requires approval by the City Council before this property can be used fo~ ~this type of operation~
<br />It also requires a report by the Chief of the Fire Department, City Health Officer arid the City Engineer.
<br /> I have ~received these reports and the Health O££icer has no objection. The
<br />Fire Department opposes this mtype' Of operation' due to ~ire hazards. This storage yard would have a fence around
<br />the property which would make it difficult for the Fire Qepartment ~o enter.
<br /> The City has a 48 inch force sewer main running through its property. The
<br />~ity Engineer does not object ~o the use of this land as long as ne material is stored on the land over this
<br />main.
<br /> The American Iron and Metal Company has assured me that they will no~ use
<br />the property where ~his ma~n is located and that no inflammable material will be stored on this property.
<br /> It is my recommendation that this ~er~it-be granted to the American Iron
<br />and Metal Company with the stipulation that it can only be used for a storage yard for scrap material and
<br />that no inflammable material be kept there at anyjtime."
<br />
<br />adopted.
<br />
<br />Motion of Mr.
<br />Mr. David R.
<br />
<br /> Breedlove to suspend the rules :to hear from interested persons, was
<br />Levin spoke.
<br />
<br /> Motion of Mr. Walker to approve the Manager's recommendation that the requested permit
<br />be granted, subject to agreed stipulations, was adopted, z~d' by the following vote:
<br />
<br />Ay~: Baker, Bartlett, Breedlove, Seward, Smith, Walker
<br />Nays: Weiseman
<br />
<br /> 59-155 - "I hay9 received the final bill~ from the l~W~ers~ enEineers and other
<br />personnel involved in the annexatio~ case against Norfolk CoBn~y. It will require an appropriation of
<br />$20,406.75 to'pay these bills. I recommend that an appropriation in this amount be placed on first reading.
<br />
<br /> On motion of Nr. Breedlove, an apprppriation in the amount of $20,406~75, for said
<br />purpose, was placed on first reading.
<br />
<br /> 59-156 - "I submit the attached ordinance and recommend that it be placed on first
<br />reading. This ordinance establishes a Department of Finance and eo~ers the necessary changes needed for the
<br />consolidation of the fina/lcial offzces.
<br />
<br /> The Nayor stated that under ~ction 2-16 of the City Code the ordinauce could not
<br />be adopted, except by a two-thirds vote, which, in this case, will b e five members of the Council.
<br />
<br />Motion of Mr. Weiseman that the ordinance be placed on first reading, as presented~
<br />
<br /> Motion of Mr. Walker to amend the ordinance ~o include the original wor~ing of Section
<br />8-1.21 of the ordinance from which this was taken:
<br /> "No ordinance or resolution .appropriating money, other t~an .that provided for
<br /> in the annual budget adopted by the City Council, shall be valid unfiess it shall
<br /> be passed by the recorded affirmative of two-thirds of all the members elected
<br /> to the City Council;"
<br />
<br />was lost and by the following vote:
<br />
<br />Ayes: Baker, Breedlove, Walker
<br />Nays: Bartlett, Seward, Smith, Weiseman.
<br />
<br />reading, and by
<br />
<br /> Vote being taken on Mr. Weisemm~'s motion, the following ordinar~ce was placed on first
<br />the following vote:
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<br /> "AN ORDINANCE TO A~END SECTIONS 8-1 THROUGH 8--46, INCLUSIVE, OF CHAPTER 8
<br />OF THRCODE OF TBE CITY OF PORTSMOUTH, VIRGINIA, 1951, BY ADOPTION IN LIEU
<br />THEREOF OF SECTIONS E-l..1 THROUGH g=1.54, INCLUSIVE~ AS CONTAINED HEREIN,
<br />ESTABLISHING THE DEPARTMENT OF FINA}~CE OF TEE CITY GOVE~NT, PRESCRIBING
<br />TRE DUTIES AND POWERS OF THE OFFICERS THEREIN NA~ED, AND PROVIDING PENALTIES
<br />FOR VIOLATIONS T~EEOF"
<br />
<br />Ayes: Bartlett, Seward, Smith, Weiseman
<br />Nays: Baker, Breedlove, Walker
<br />
<br />The Chair ruled that Section 8-1.~1 is invalid
<br />
<br />because the two-thirds vote, of five, as
<br />
<br />
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