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December 31st~ 1957.
<br />
<br /> At a called meeting of the Portsmouth City Council, held on Tuesday, December 31st, 1957,
<br />there were present:
<br />
<br /> A.C. Bartlett, B.W. Baker, W.E. Hinton,Frank L. Kirby, John E. Scott, R. Irvine Smith,
<br /> H. Earl Weiseman, I.G. Vass, City Manager, and R.C. Barclay,City Attorney.
<br />
<br />The following call for the ~eeting was read:
<br />
<br /> "Please attend a called meeting of the City Council on December 31st, 1957, at 4:S0 P.M.
<br />to consider the following matters:
<br /> 1.~ Sa~e of property.
<br /> 2. Matters to be submitted to the City's legislators.
<br /> By Order of the President."
<br />
<br />The following reports from the City Manager were read:
<br />
<br /> 57-451 - "In accordance with a resolution adopted on December 10, 1957, I offered for sale,
<br />at public auction for cash, in front of the Court House of this City, at 12 o'clock noon on Tuesday, December
<br />31, 1957, the real%~st~te on the north side of High St., between Vermont Ave. and Evergreen Memorial Cemetery.
<br /> Parcel No. 1, fronting 34.09 feet on High:Street and extending back 104.88 feet,
<br />more or less, was advertised to be conveyed with special warranty, and parcel in the rear of said first parcel
<br />extending back to the north line of Queen Street, was advertised to be conveyed without warranty either expressed
<br />or implied.
<br /> Notice of the sale was advertised in the Ledger-Star on December 19, 20, 21, 23,
<br />24, 26, 27, 28 and 30th and the Virginian Pilot- Portsmouth Star on December 22 and 29th, making in all eleven
<br />insertions. The sale was held under favorable circumstances and there were several bids, ranging from $50.00 to
<br />$1,?00.00. The highest bid offered wasthe sum of $1,700.00 by Harry L. Goodman, agent for and on behalf of Dr~
<br />Siegel."
<br />
<br /> Motion of Mr. Weiseman to approve the sale of the property for $1,700.00 was adopted and by
<br />the following vote:
<br />
<br />Ayes: Bartlett, Baker, Hinton~ Kirby, Scott, Smith, Weiseman
<br />Nays: None
<br />
<br /> 57-452 - "I submit the attached letter from J.S. Livesay, Jr., City Attorney, and concur
<br />in ~is suggestion an'd recommendation that where legislation is necessary to put the suggestion into effect,that
<br />our Representatives in the Legislature be requested to take such action."
<br />
<br /> "The Council conference on legislative matters~ held on December 17, 1957, brought up
<br />several questions upon which research and analysis of existing laws were necessary. In order that you may pre -
<br />pare recommendations for presentation ~o the Council on December 31, 1957, I am submitting the information and
<br />commen~s set forth herein,
<br /> WARDS. Chapter I, Section 2, of the City Charter, states that there shall be no~ less
<br />than eight nor more than ~en wards whose boundaries shall be prescribed by Council, and that the provisions of
<br />general law relating to establishing or changing wards shall be applicable. Section 15-396 of the Code of Vir-
<br />ginia, in the absence of our charter provision, would give the Council power to establish any number of wards.
<br />This section also allows the Council to re-arrange the wards whenever it becomes necessary in their opinion.
<br />Section 15-152.24 of the Code of Virginia specifically provides for reorganization of wards by the Council upon
<br />annexation of additional territory. Therefore, I believe no legislation is necessary or desirable on this sub-
<br />jec~ because of prospective annexation, unless it is desired to amend the charter to increase the maximum number
<br />of wards. This question is related to the matter of justices of the peace as stated below.
<br /> PENALTIES FOR LICENSE VIOLATION. Chapter IV, Section 52 of the City Charter, as pres-
<br />ently worded, is somewhat ambiguous as to whether a limitation exists upou penalties for failure to pay license
<br />taxes. To remove this ambiguity, I suggest that this section be amended to remove the following words in the
<br />first sentence:
<br /> "provided such penalty shall not exceed £ive per centum of the amount of taxes
<br /> levied against such person."
<br />
<br /> 3VJSTICES of the PEACE. CHAPTER VII, Section 75, of the City Charter provides for one
<br />justice of the peace for each ward of the City. Since Chapter I, Section 2, of the City Charter, as presently
<br />worded, sets a maximum of ten wards, only ten j~stices may be elected. It might be that after annexation a
<br />greater number of justices will be needed. If desired, the following language could be added to this section:
<br />
<br />'The City Council may also elect from time to time not more than
<br />five justices of the peace from the city at large who shall hold
<br />ofice for a term of one year from the date of their election.'
<br />
<br /> COURTS. No intelligent conclusion can be reached with regard to the system of courts
<br />until the result of the annexation suit is known. This subject will require careful study looking to legisla-
<br />tion in 1960.
<br /> CITY ASSESSOR. The authority for the City's annual assessment of real estate by a per -
<br />manent assessor is contained in a ' populaIionAct~. The City may lose its qualification for this sysnem throu~
<br />increased population upon annexation or by virtue of the 1960 census. I am presently corresponding with the
<br />Division of Statutory Research and Drafting and the Attorney General to determine what legislation will be re -
<br />quired to continue this system of assessment. One of the Councilmen has asked if anything is necessary to fill
<br />the office of the assessor should he die, etc. The Council now has ample authority to fill this office upon
<br />the ocourence of a vacancy for any reason.
<br /> CONDEMNATION. The need has been felt for legislation giving Portsmouth the right to
<br />take possession of proper~y upon the commencement of condemzuation proceedings. This right is enjoyed by a
<br />number of cities and I suggest Chapter 233, Acts o~ Assembly of 1948, page 469, which granted ~orfolk this right
<br />be used as a model for an addition to the City Charter. Section 23-e appears to be the logical number for the
<br />
<br /> The following letter from Mrs. Inez D. Baker, Delegate-elect of House of Delegates, was
<br />read:
<br />
<br />
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