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May 27th~ 1958.
<br />
<br />At a regular meeting of the City Council, held on May 27th, 1958, there were present:
<br />
<br />A.C. Bartlett, B.W. Baker, W.E. Hinton, Frank L. Kirby, John E. Scott,
<br />R. Irvine Smith~ H.E. Weiseman, I.G. Vass, City Manager, and J.S. Livesay,~.~
<br />City Attorney.
<br />
<br />The meeting was opened with prayer by Bishop Wm. A. Brown~
<br />
<br />Minutes of the meetings of May 13th and May 20th, 1958 were read and approved.
<br />The following reports from the City Manager were read:
<br />
<br /> 58-162 - "I submit the attached amendment to the City Code to make Columbia Street one-
<br />way from Crawford Street to Chestnut Street. I recommend that it be placed on fir st reading."
<br />
<br />Motion of Mr. Kirby to place the following ordinance on first reading, was adopted:
<br />
<br />"AN ORDINANCE TO AMEND ARTICLE VII OF CHAPTER 30 OF THE CODE OF THE CITY OF
<br />PORTSMOUTH, I951, BY ADDING THERETO A N~W SECTION TO BE KNOWN AS SECTION 30-142.4,
<br />RELATING TO ONE-WAY STREETS"
<br />
<br /> 58-163 - "You referred to me the matter of making Chestnut Street two way between High
<br />and London Streets. I have re-studied this request and you may recall that I recommended that the Wilbur Smith
<br />Report be adopted as written. I have seen no reason to change my decision made at that time; however, since a
<br />number .of the items in the Smith ~report have been changed hy Council, I see no reason why they should not change
<br />this one ~if Council so desires."
<br />
<br />following vote:
<br />
<br />Motion of Mr. Smith that the report be received as information, was adopted, and by the
<br />
<br />Ayes: Bartlett, Kirby, Hinton, Hdett, Smith, Weiseman
<br />Nays - None
<br />
<br />Baker notvoting.
<br />
<br /> 58-164 - "The question of prohibiting trucks the use of Rodman Ave. was referred to me
<br />for a report. I have had ~r~akmovement on fhis avenue checked and I find tkat 956 trucks used the avenue over
<br />a twenty-four hour period. -I do ri'et ~recommend that Trucks be prohibited on Rodman Ave. until after the comple-
<br />tion of the Hamilton Ave. by-pass and the George Washington Highway. If, at that time, there continues to be an
<br />appreciable volume of truck movement on~ the Avenue, i~ should be. recon'sidered."
<br />
<br /> Mr. Baker made a motion that signs he erected designating Western Branch Road and Rod-
<br />man Avenue, between County Road and Gesport Road, as s limited weight road.
<br />
<br />Motion of Mr. Kirby to amend the motion to read:
<br />
<br /> "Western Branch Road, between County Road and Rodman Avenue, and Rodman Avenue between
<br />High Stree~ and Airline turnpike" and s~gns to read: "Ne through trucks" was adopted and by the following vote:
<br />
<br />Ayes: Bartlett, Baker, Kirby, Hinton, Scott, Smith, Weiseman
<br />Nays: None
<br />
<br />Mr. Baker's motion, as amended, was adopted, and by the following vote:
<br />
<br />Ayes: Bartlett,.Baker, Hinton, Kirby, Scott, Smith, Weiseman
<br />Nays: None
<br />
<br /> 58-165 - "It is in order to consider the letter submitted by a member of the Council
<br />a copy of which you have in your files. This report will be submitted by the City Attorney since it is a legal
<br />matter."
<br />
<br />Inclosures -
<br />
<br /> "If the ordinance appointing the assessor and implementing the Act of the General As-
<br />sembly is repealed, a number of citizens have asked me the following questions:
<br /> 1. Will the assessment made by, Mr. Pope be valid for the year 19587
<br /> 2. Will the last quadrennial real estate assessment continue until
<br /> the next general assessment, or will the Commissioner of Revenue
<br /> be authorized to make an annual assessment under the preset law?
<br /> 3.Can the City Council re-enact a new assessment ord~lance within two
<br /> years without further Legislative authority?
<br /> 4. If the ordinance is repealed, how can the City of Portsmouth legally
<br /> levy real estate taxes for the year 1959,.tl~t is to say, the method
<br /> and procedure, etc.?
<br /> I will appreciate it if the City Attorney could give us a legal opinion on these
<br /> questions by the next Council meeting, if possible. It is my desire that this be
<br /> included in the next Councilmanic agenda."
<br />
<br />"By letter to you dated May.22nd, 1958, Councilma~ R. Irvine Smith requested that I
<br />give my opinion on certain questions set forth in his letter. This letter is in
<br />response to that request.
<br />The assessment certified by Mr. Lonnie Pope for the year 1958, in my opinion, is a
<br />valid assessment which can not and will not,be invalidated by the referendum set for
<br />June 10, 1958.
<br />in view of my opinion with respect to the validity-of the I958 assessment, it is my
<br />further opinion, should the referendum carry, that the City would not revert to the
<br />last quadrennial assessment, made in 1954. Once an assessment~has been placed against
<br />
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