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35
<br />
<br />lowing vote:
<br />
<br />0n motion of Mr. Weiseman, said ordinance was adopted, and by the fol -
<br />
<br />Ayes:
<br />Nays:
<br />
<br />Fox, Bilisoly, ~ke, Grimes; Henderson,
<br />Sturtev~ut, ~tarren, Weiseman, ~ilson
<br />None
<br />
<br />Howard,
<br />
<br />1948, was taken up:
<br />
<br />The following ordinance, placed o n its first reading on November 23rd~
<br />
<br />"AN ORDINANCE iI~0SING AND COLLECTING TAXES ON I~CHi>I'~.'~ ~%~THiN
<br />T~ LIMITS OF TEE CITY OF PORTS~{0UTH, ViRGINZA, FOR THE PURPOSE
<br />OF RAISING REV~uE FOR ~F. SUPPORT dF T~r~. GOVE~MENT ~D THE
<br />PUBLIC FREE SCHOOLS AND TO PAY INTEREST AND SINKITtG FUND ON TA~
<br />PUBLIC DEBT FOg THE YEAR BEGII~NING JANUARY 1st, l~.'~
<br />
<br /> Au appropriation o f $8~688.00 for drains on Columbia St., west of God-
<br />win St., and curbs s~d gutters on King St., between Godwin and Seemed Ave., laid on table on
<br />~arch 8th, was taken up.
<br />
<br /> 5{orion of ~f~.'Wilson to appropriate $6,585.00 for said put?ese, was
<br />adopted, and by the follow~_'ng vote:
<br />
<br />Ayes:
<br />
<br />Nay s:
<br />
<br />Fox, Bilisoly, ~ke, Grimes, Henderson, Howard,
<br />Sturtevant, %'fatten, Wezsemsaa, ~zlson
<br />None
<br />
<br />The following con~mun._catzons were received from the City Attorney:
<br />
<br /> !st - "At'your last meeting you referred to me the petition of the
<br />Trustees of the Fourth Street ~ptist Church, for re~ud of $16.00 for taxes paid for~lg~8 on
<br />10t $0~ Harrison.St. i find this lot was used during the entire year of 19~8 solely for
<br />church purposes, a~d it should rot have been assessed for taxation. Hence, it is proper to
<br />reftuud the sum of $1~.00 as requested.~
<br />
<br />~otion of Er. ~arren to allow said refund, was adopted.
<br />
<br /> ~nd - "~t your last meeting you referred to me the request of the
<br />Portsmouth Humane Society for the pa~nent~of ~ne-half of the fine imposed upon Emanuel ~yrick
<br />on a charge of c~uelty to animals.
<br /> Section ~$8Z of the State Code provides for the pSnent of one-
<br />half of the fine in such cases to the H~neI Society. However, I believe this section applies
<br />only to fines imposed for the violation o f State offenses.
<br /> Section ~77 of the City Code imposes a fine upon any person who
<br />shall c~uelly beat or t~rture ~uy horse, ~!e or other anima!sand provides ~hat one-half of
<br />said fine shall be tttrned over to the ~'~oman's Humane Society Of Virginia~. A fine of
<br />was paid by the defendaut to the City, and it is probably the intention of the ~ din~uce to
<br />pay one-half of the fine to the Humane Society, althou~ha different H~ane Society is now in
<br />existence.~
<br />
<br />Motion~of Mr. Howard to allow, was adopted.
<br />
<br /> 3rd - =At your last meeting you referred to me the question of the
<br />sale of a portion of R~andolph ~trest to enable the erection of a building aE the southeast
<br />corner of Randolph end Washingt~n Streets.
<br /> As I view the situation, this is not a question of zmaing and
<br />hence is not a matter to be referred to the Board of Zoning Appeals. Appeals to this Board may
<br />be taken by any person aggrieved o~ by an officer of the City from the decision of the admini-
<br />strative officer. ~ne powers of this Boa~da re: ~
<br /> 1. To determine whether the~e is error in a ny order, requirement o r decision of
<br />the officer appointed toadminister the ordinance.
<br /> 2. T'o!.~ hear and decide special exceptions of the terms of the ordinance upon
<br />which the Board is required to pass under the ordinance
<br /> ~. To authorize variance from the terms of the ordinance,~ot contrary to public
<br />interest, in _hardship cases~
<br /> The question at issue is, however, a matter of City plauningan~
<br />was properly presented tb the Plam~uing Commission. Under Bection ~091 (JS) after a master
<br />plan has bsen adopted and filed with the Court, no street, square, park or other public.place,
<br />ground or open space, no public building or structure, shall be constructed or authorized un -
<br />less and until the general location, character and extent thereof shall haw been submitted to
<br />~ud approved by the Planning Commission~ Also, the widening, extension, narrowing, enlarge -
<br />ment, vacation or chs~ngeinthe use of streets' or other public ways, grounds and piaceswithin
<br />the City, a s well a s the acquisition by the City o f any land within the City for public use,
<br />or the saleof any l~ud held by.the City shall be subject to similar approval.
<br /> In case of disapproval by the Plamning Commission in smy of the
<br />above instances, the Planning Commistion shall communica'te ~its reason to the Council which
<br />shallh ave cower to overrule such action by a recorded vote of not less than two-thirds of its
<br />entzre membersnm~, his requires eight votes of the City Council to overrule a decision o f the
<br />Planning C0mmisszon. ~
<br /> ~ae City has heretofore closed streets by a simple ordinance
<br />but i have been informed that the ~awyers Title insurance Corporation refused to pass title on
<br />land in Norfolk unless the provisions of Sections 5220 and 2030 (9) of the State Code are fol-
<br />lowed:
<br /> ny perso~ cons~derzng erectmng or buzldzng upon lau~ formerly
<br />set aside as a public street shOUld consid8~ these sections ~e~Y carefully.~
<br />
<br />
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