|
December 18th, 1956.
<br />
<br />Motion of Mr. Baker ~o lay on the table until next meeting, was adopted.
<br />
<br />and read:
<br />
<br />58~37t - . The follgwing ordinance placed~ on first readin~ ~ last meeting, was taken up
<br />
<br />"AN QRDINANCE ~Nd~OSING TAXES ON SHARES OF STOCK OF BANKS LOCATED IN TEE CITY
<br />OF PORTSMOUTH FOR THE YEAR 1957 AND AArNUALLY THEREAFTER, FIXING THE PJkTE AND
<br />REQUi~ING THE PAYMENT THEREOF, REQUIRING CERTAIN REPORTS, AND PRESCRIBING PENALTIES
<br />FOR THE VIOLATION THEREOF"
<br />
<br />On motion of Mr. Scott, said ordinance was adopted, and by the following vote:
<br />
<br />and read:
<br />
<br />Ayes: Bartlett, Baker,~Minton,
<br />Nays: None
<br />
<br />· 56-377 -
<br />
<br />The following ordinance,
<br />
<br />Kirby,. Scott, Weiseman
<br />
<br /> placed-on first reading at last ~eeting, was ~a~en up
<br />
<br />"AN ORDINANCE TO AMEND AND RE-ORDAIN SECTION 9 OF ARTICLE 2, SECTION 22 OF
<br />ARTICLE 4 AaND SECTIONS 32 and 35 OF ARTICLE ? pF CHAPTER 19 OF THE CODE OF THE
<br />CITY OF PORTSmOUth, 1951, RELATING TO COMPENSATION OFMENiBERS OF THE BOARD OF
<br />TRUSTEES, SERVICE IN Ai~ED FORCES OF THE UNITED STATES, ORDINARY DISABILITY
<br />RETIREMENT ALLOWANCE, AND REFUND OF C0NTRIB~UTIONS UPON WITHDRAWALS OR DEATH
<br />BEFORE RETIREMENT"
<br />
<br />On motion of Mr. Weiseman, said ordinance was adopted and by the following voze:
<br />
<br />taken up and read:
<br />
<br />Ayes: Bamtlett, Baker, Hinton, Kirby, Scott, Weiseman
<br />Nays: None
<br />
<br />56r358 - The following ordinance, placed on first reading on Novem]ger 27th,
<br />
<br />1956, was
<br />
<br />"AN ORDINANCE TO AMENDAND RE-qEDAI~ SECTION 30-145 OF TEE CODE OF THE CITY
<br />OF PORTSMOU~i~, 1951, RELATING TO DESIGNATION OF PAHKtNG METER ZONES"
<br />
<br /> Motion of ~r. Weiseman to amend the ordinance by deleting the me,ers on Washington St.,
<br />betwee~ Queen and London Sts.,was lost, and by the following vote:
<br />
<br />Ayes: Baker, Weiseman
<br />Nays: Bartlett, Minton, Kirby , Scott
<br />
<br /> Motion of Mr. Baker to suspend the rules ~o hear from interested parties, was adopted.
<br />
<br /> ~iss Mary Powell~ G.L. Cox and J.G.H. ~itchell spoke against~ placing meters in the
<br />300 block of Washington St.
<br />
<br /> On motion of ~r. Kirby, said ordinance was adopted, and by the following
<br />
<br />Ayes: Bartlett, Minton, Kirby, Scott
<br />Nays: . Baker, Weiseman
<br />
<br /> The following letter from the Cit~ Attorney was read:
<br />
<br /> "At your last meeting, you directed me to repor~ on the status of the salaries of the
<br />City Council. I find that the Charrer of the City enacted in 1908 contained no provision for paying salaries to
<br />the City Council. In 1912 Section 76 of Chapter VII was amended to read: 'The City Council shall gr~nt and pay
<br />to the members of ~aid Council and to all City officers, Clerks and Assistants, elected or appointed ~nder~ or in
<br />pursuance of this ac~ such salaries or compensation as shall ~e fixed by ordinance of the City'; however, no
<br />salaries were paid to members of the Council until ~fter ~nactment of a~ Act in 1920.
<br /> The General Assembly of Virginia by an Act approved March 15, 1920, amended the
<br />Charter of the City by adding theretoa new chapter ro be known as Chapter XI and provided specifically that the
<br />City Council shall grant and pay to each member of the Council an annual compensation of Six Hundred Dollars.
<br />This Act, that is Chapter XI was amended in 1942 and the compensation was increased ~o Nine Hundred Dollars.
<br /> The General ~[ssembly by an Act approved in 1952, amended and re~enacted Section 4
<br />of Chapzer ii of the City Charter, relating ~o the composition of the Council, and added thereto the following
<br />provision: 'A salary of One Hundred Dollars pe~ month shall be paid to each member of the Council, with the ex-
<br />ception of the Mayor, who shall be paid One Hundred and Twenty five Dollars per mo~th'. This Act also amended
<br />Section 76~ Chapteu VII, to read as follows: 'The City Council shall grant and pay to.the members of said Coun-
<br />cil and to all City officers, Clerks and assistants, elected or appointed under or in pursuance of this Act,suc~
<br />salaries or compensation as shall be fixed by this Charter or by ordinance of the City.'
<br /> It should be noted that Chapter XI relating ~o 'compensation' was not specifically
<br /> repealed by the Act of 1952, but was repealed only by implication (or rather superceded) by the later act, and
<br /> remained a part of the City Charter. When an Act is repealed or superceded in this manner and the repealin4 Act
<br /> is itself repealed, the first Actors revived. (8~ Corpus Jumi~ Secundum, Section 8, page 523).
<br /> The General Assembly of Virginia by an Act approved February 15, 1956, amended the
<br />sections relating ~o the 'Composition' qf the City Council an~ in reqenacting Section 4 of the Charter of the
<br />Salary Provision added in 1952 was omitted. With this proviszon removed, Chapter XI immediately became effective
<br />and the compensation now fixed by the Charter is Nine Hundred Dollars per annum.
<br /> The Amendment ~o Section 78 ha~ given me the mos~ concern; namely, 'as shall be
<br />fixed by this Char~er or by ordinance of the City'. I have dome to the conclusion that as the salaries of the
<br />members of the Council a{e fixed by the City Charter. the Council can not c~ange the compensation so fixed.'~
<br />
<br /> ~otion of Mr. Weiseman that Mr. ~pong, ~r. MacKenzie and Mr. Bain be allowed to
<br />appear before the City Council in regard to this matter, was adopted.
<br />
<br />
<br />
|