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there were present:
<br />
<br />At a regular meeting of the City ounc~l, held on June 14th, 1949,
<br />
<br />Leslie T. Fox, Frank N. Bilisoly, Fred Al Duke, George L. Grimes,
<br />A~thur P. Henderson, Carl C.-Hou~hton. E. Robie tturtevant, -
<br />C.E. ~arren,-H.Earl ~eiseman, Pe[rle ~. Wilson~ W. Guy Aneell,
<br />City Manager.
<br />
<br />Minutes of regular meeting held ~ay 24th, 1949, were read and approved
<br />
<br />the following=
<br />
<br />The privilege of the floor was granted Ernest L. Triton, ~ho presented
<br />
<br />City License
<br />
<br /> "I request the privilege of-stating my case in regard to a ref~ud on
<br />at your regular meeting tonight.
<br /> ThaWing you, in advance, I remain,
<br /> Very truly yours,
<br />
<br />E~nest L. Trimm."
<br />
<br /> Motion of ~r. Weisemau to grant ~r. Trimm a re~d on his license, in
<br />the amount of $181.00, was adopted.
<br />
<br />following:
<br />
<br />The privilege of the floor was granted Er. McKenzie, who presented the
<br />
<br /> ~e, the undersigned distributor~ of petroleum an~ its oroducts in ~ae
<br />City of Portsmouth, respectfully petztion the City Coun~ml for clarificatmon of-the License T~
<br />Ordinance as applied to our business, ~nd to that end'show'the following case:
<br /> 1. The O~dinance (Chap. l, Sec. E-g) defines "retail merchant" as
<br /> t '
<br /> one engaged in he b~s&nesses enumerated in Chapter III, S8c. 8, and
<br /> one who sells to others ~Or~etail only and not for resale. In 0hap-
<br /> ter I, Sec. B-h ~n61esale erchant"-is d&fined as mae engaged in the
<br /> businesses enumerated in Ohapter III, Sec. 7, as one who sells to
<br /> others for resale only, or who s ells to institutional, commercial or
<br /> industrial users. ~hapte~ III, Sec. ~ (retail) lists "filling stations
<br /> and a~el, etc.~ ~ud Cn&pter Iii, Sec. 9, (Wholesale) lists "Petroleum
<br /> and Det-~oleum products".
<br /> 2. Petroleum products distributors market their product bo~h as
<br /> "who!esalers~ and "retailers" under the foregoing definitions and have
<br /> no means of determining the amount of sales allocable to ~.ach category
<br /> for the following reasons:
<br /> Petroleum products distribution, from its inception, has been
<br /> a ~nolesale business. In fact, the contracts between distributors and
<br /> so~&rbes of supply require marketing of the products at prices deter-
<br /> mi~ed by the latter; the difference between cost and the sale price
<br /> provides a wholesa!e,.rather than a retail profit; there is one
<br /> "Tankwagon price~, fixed as above stated, which ~ plies alike-to con-
<br /> sumer, retai~r, commercial, industrial and institutiona$ user, rega~d-
<br /> less of'quantmty bought; state taxes have always been pamd as "whole-
<br /> salers"e
<br /> 'To be required to purchase city licenses at the retail rate
<br /> would render it impossible for fuel oil distributors to m ealize a nor-
<br /> mA1 and reasonable business profit~on t heir operations, they having
<br /> no control 0~er their sales prices.
<br /> ~ ~t~iS therefore respectfully requested that a clarifying ordi-
<br /> nanc~ be p~ssed and that petroleum products distributors be defined as
<br /> "wholesalers" within the provmsions of the License Tax Ordinance.
<br />
<br />(Signed) Charles E. Russell Co.!nc. amd
<br /> numerous others."
<br />
<br /> Motion of Mr.'Weiseman that the matter be referred to a committee for
<br />investigation and report, was adopted.
<br />
<br />and Houghton.
<br />
<br />The Chair appointed on s aid Committee - Messrs. Weiseman, Henderson
<br />
<br />read:
<br />
<br />The following communication from t he Superintendent of Schools,was
<br />
<br /> "I was directed to submit~to you the following resolutions passed by
<br />the'Schoel Board at its last meeting'with reference to a site for the new white high school
<br />building. The Board adopted four resolutions covering this~subject:
<br /> (1) That the School Beard Select as the site for e2me
<br />
<br /> new white school that parcel of land bounded by
<br /> Queen Street, Fifth Avenue, Glasgow ~treet and
<br /> the stadzum~; ~stimated a~e~ n~ne plus acres,'
<br /> assessed valuatmon o f~the przvate property $41,900.)
<br />(~) That the City Council be asked to convey t o the
<br /> Portsmouth School Board all the land inthisarea
<br /> owned by the City of Portsmouth.
<br />(~) That the ~chool Board preeeed ~o acquire by purchase
<br /> or condemnation all other properties within this~ea.
<br />(4) That the Commonwealth's Attorney, J. Alden 0asr, be
<br /> selected by the School Board as its atto~e~ to repre-
<br /> sent the School Board i~n all legal matters pertaining
<br />
<br />
<br />
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