Minutes 01/14/1958 - Laserfiche WebLink

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J~,~¥ 14th, 1958, 240.?'; S 46° 21' E - 191.5'; N. 75© 54' E- 104.3'; S 30° 48' E-145.9'; S 50° 47' W - 108.9' to a point; thence, S. 86° 54~ E- 384.8' along the Tynes-Hines property line to a point located on the western R/W of State Route 845 (Somerton Road); thence N 03° 08' W- 555.2t along the R/W to a point; thence N 04° 45' W-7G-I' along the R/W to the point of beginning. The hereinahove described tract, designated as TRACT NO. lA, contains 5.31 acres, more or less, and is bounded on the North and West by the re- maining land of Richard Tynes, on the South by Bem~.T. Hines and on the East by State Route 645 (Somerton Road). For a more exact description of the above two (2) tracts, reference is hereb~ made to the Plat entitled 'Water Department, City of Portsmouth, Virginis, Speight's Run Reservoir, Property of Richard Tynes and Benj.T. Hines (C.C. Duke Estate), Nansemond County, Virginia', dated September 9, 1957, and prepared by R. Kenneth Weeks, Engineers, Norfolk, Virginia. Be it ~urther resolved that the City Attorney is authorized and instructed to insti- tute condemnation proceedings, employing counsel of his choice therein, to acquire the aforesaid property for the purposes of the City." On motion of Ilar. Kirby, said resolution was adopted. 58-20 - Th~ City Manager presented the following letter £rom the City Attorney: "Under date of November S, 1957, Mr. George O. Diggs, Chairman of the Portsmouth Re-~ development and Housing Authority, advised Council that the contract for advance presented by the Urban Renewal Administration for survey and planning funds for the Lincolnsville Urban Renewal Area contained a paragraph whereby monies expended for planning o£ certamn projects not carried to completion, would be included in the cost of the Lincolnsville ~roject. Pursuant to direction of Council, this subject has been studied and conferences have been held with the Housing Authority's counsel. Set forth below is a brief summary of the situation. The law under which these advances are made states that they shall be repaid, if at all, from funds becoming available for the project or any future project which receives the benefit of the mon- ies spent. It is also clear that the advances are made in the~discretion of the Administrator of the Housing and Home Finance Agency. The first such advance to the Portsmouth Housing Authority was under a contract dated January 23, 1951, designated Contract A-4, which included surveys o£a number of possible projects scattered over the City. 0 ne of the projects within Contract A-4 was the Civic Center ProJect. On April 17, 1952, under Contract A-10, another advance was made for the Civic Center Project only. Contract A-10 contained a provision that the advance under Contract A-4 had inured to the benefit of the Civic Center Project, thereby allowing the Government to recoup a part of the previous advance. As Mr.Diggs has advised, the Government now insists that the advance under Contract A-lO has inured to the hene£it of the Lincolnsvilie Project. Upon inquiry, the G~vernment justifies its position on the fact that Lincolnsville overlaps the Civic Center by two city blocks and from the correspondence it is obvious that the Government will not recede from this position. Although this action is arbitrary, it has some basis in the iaw. Therefore, the Housing Authority's counsel and I see no alternative hut to execute the con- tract, as prepared bY the Government. Since a precedent was established by the inclusion in Contract A-lO of the advance under Contract A-4, if Council desires the Housing Authority to proceed with the Lincolnsville Project, I recom - mend that Mr. Digg's letter be received and filed as information, thereby evidencing the acceptability to Council of this paragraph in the contract." On motion filed. 58-21 - The City Manager presented the following resolution: "WHEREAS, the City of Portsmouth, Virginia, in a non-partisan councilmanic election in the year 1956, enjoyed and benefited from the candidacy of eight employees Of the F~doral Government; and V~EREAS, Federal employees constitute the largest classification among th~ registered voters of said City, and, as a group, are entitled to representa- tion in municipal governmental affairs; and WHEREAS, certain political restrictions are imposed upon Federal employees pursuant to the Hatch Act of.193~, as amended, which restrictions may be re- moved by the United States Civil Service Commission upon determination that it is in the domestic interest of Federal employees thaz they be allowed to participate in political campaigns and management of the municipality in which they reside. NOW, THEREFORE, BE IT R~SOLVED hy the Council of the City of Portsmouth,Vir- ginia, that the United States Civil Service Commission is respectfully requested (a) to determine that it is in the domestic interest of Federal employees resid- ing in said city To take an active part in the political management of and in political campaigns i~votving said City, and (b) to promulgate regulations per - mitring Federal employees to participate in political campaigns for and to hold offices in the government of said City." On motion of Mr. Weiseman, said resolution was adopted. Mr. Smith not voting. 58-22 - The City Manager presented the following letter from Frank ~ntz, Managing- Director of the Chsmher of CSmmerce: "I submit herewith~ a statement prepared ~y Gordon F. Marsh, Chairman of the Highway and Roads Committee of the Portsmouth Chamber of Commerce. We ask your consideration of this communication."