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When the Code of the City of Portsmouth, Virginia, 1951, was enacted, Section 120 of the
<br />1914 Code was amended and carried forward as Section 2-29 in this language:
<br />
<br />'No person not a resident of the City shall be appointed to any
<br />city office unless the duties of the office require special
<br />technical training, and if any person so appointed shall remove
<br />from the City, his office shall be thereby vacated.'
<br />
<br /> There is no provision in the City's charter concerning residence requirements for appoint.
<br />ive officePs; The Supreme Court has held that enactments affixing qualifications to the right to hold office othe~
<br />than those contemplated by Section 32 of the Constitution are invalid. Gwaltney v. Lyons, 116 Va.872; District
<br />Road Board v. Spilman, ll? Va. 201. It is my opinion, therefore, that any a~tempt to apply the previsions of
<br />Section 15-487 of the Code of Virginia to persons appointed to positions requiring special technical or profes -
<br />atonal training and experience is unconstitutional. Such positions would, in my op~nion,_include specifically
<br />but without limitation these of City Manager, City Attorney, City Assessor, Director of Public Health and certain
<br />officials within the Department of Public Works.
<br /> ~ile Mrs. Baker's proposed amendment with respect to the office of City Manager is not
<br />necessary, it might prevent future misunderstandings by laymen if a provisibn similar to Section 2-29 of the 1951
<br />Code were enacted into the charter.
<br />
<br />Enacting Chapter XII, Section 5 (c) to waive residence require-
<br />ments under civil service for residents of annexed areas.
<br />
<br /> It has been held that residence in territory afterwards annexed to m city is to be deemed
<br />residence within the city for the purpose of computing the period of residence necessary to make one eligible to
<br />hold office, etc. See McQuillin, Municipal Corporations, Section 12-59. However, I have found no Virginia case
<br />on the subject and enactment of this proposed addition to the Charter seems proper."
<br />
<br /> Motion of 3ir. Weiseman that copies of.the City Attorney's report be sent to the Delegates
<br />and the Senator, representing the City of Portsmouth, as the sentiment of the City Council concerning these mat-
<br />ters, was adopted, and by the following vote~
<br />
<br /> Ayes: Bartlett, Hinton, Kirby, Scott, Smith, Weieeman
<br /> .Nays: PBaker
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<br /> 58-1I - "I am submitting a copy of a resolution which t was instructed to have prepared,
<br />concerning the Council's position with reference totoll roads and reco~nnend the adoption of the r~solution.~
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<br /> "WHEREAS, it has been proposed that the Charter of the City of Portsmouth,
<br /> Virginia, be amended so as to authorize construction and operation of toll
<br /> roaas by the City within its boundaries; and
<br /> WHEREAS, it is the sense of the Council of said City that such enabling
<br /> legislation is neither necessary nor desirable at the present time, that
<br /> the best interests of the citizens of said City would~not be served by such
<br /> legislation, ~ad that the. viev~of Council as herein stated should be-made
<br /> a matter of public.record andLexpressed~to the Delegates.and Senator attend-
<br /> ing the current session of the General Assembly as representatives from t~e
<br /> said City;
<br /> NOW, THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Vir-
<br /> ginia, thqt introduction or adoption of legislation authorizing the said City
<br /> to construct and operate toll roads is not in the best interests of the citi-
<br /> zens of the said City; and
<br /> BE IT FURTHER RESOLVED that the City Clerk is hereby directed to mail a
<br />certified copy of these resolutions to each Delegate and Senator now represent-
<br />·ng the City of Portsmouth in the General Assembly."
<br />
<br />On.motion of. Mr. Weiseman, said resolution was adopted, and by the following vote:
<br />
<br /> Ayes: Bartlett, Hinton, Kirby,Scott, Smith, Weiseman
<br /> Nays: Baker
<br />
<br /> 58--12 - "I am in receipt of a l&tter from fhe Director of Public Works to which was at-
<br />tached a letter from the Chief Engineer of'the Seaboard Airline Railroad Company concerning a request that we
<br />made several months ~go With reference to adjusting the Seaboard's tracks at King St. near Godwin St. The esti-
<br />mate of the cost of the Railroad's alterations is $1,300.00 and that of the Director of Public Works for paving
<br />the section of King St. is g700.00 making a total of $2,000.00.
<br /> I recommend that this work be done as soon as weather conditions will permit."
<br />
<br /> Motion of ~r. Minton to lay this matter on the table until the meeting of February llth
<br />1958, was adopted, and by the following vote:
<br />
<br /> A~es: Bartl~tt~ Baker,:Hinton, Scott, Smith, Weiseman
<br /> Nays: Kirby
<br />
<br /> 58-13 - "I am submitting for your information a report from the Water Department on
<br />the sa£e~y record of.the Department for the past two years."
<br />
<br /> "We wish to repor~ the 56 and 2/3 employees of the Portsmouth Water Department worked s
<br />total of 128,680 hours during the calender year ending December 31, 1957. During this year we did not have a
<br />loss time injury which is the second year this record has been maintained.
<br /> Unfortunately, we had three motor vehicles involved in accidents during the year. One
<br />involved s ~ruck and trailer turning over On Deep Creek Boulevard; damageg wore paid for by the insurance company~
<br />The second igvolved a Chevrolet on London St,~ which was not*the fault of our driver and we were reimbursed by
<br />the insurance company. The third was the one reported December 31st, involving the Pontiac which was struck hy
<br />a Water'Department~trencher ~nd tractor~in the pumping station yard. ~e have a total of 24 pieces of motor equip
<br />merit which were driven in excess of 140,000 miles during the year."
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