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Minutes 11/11/1947
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Minutes 11/11/1947
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City Council
City Council - Type
Adopted Minutes
City Council - Date
11/11/1947
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to or become interested in the stock or obl_gati OhS <br />of any company, association, or corporation, for the <br />purpose of aiding in the construction or maintenauce of <br />its work; no~ shall the State become a party to o r be- <br />come interested in any work of internal improvement~ <br />except public roads and p~blic parks, or engage in car~- <br />tying ou ~any such work; nor assume any indebtedness of <br />any county, city or town, n~ lend its credit to the same; <br />but this section shall not prevent a county, city, or town <br />from perfecting a subscription to the capital stock_ or a <br />railroad comps~y authorized by existing charter conditioned <br />upon the affirmative vote of the vo~ers and free holders of <br />such county, city, or to~m in favor of such subscription; <br />provided, that such vote wag had prior to July first, nine- <br />teen hundred and three.. <br />~.r. }~cQuillin in his book on municipal ~orporat.ions in re- <br />ferring to the power of cities to incur debts and make ex - <br />penditures makes mention that some years~ ago many American <br />mt~uicipalities gave aid to railway ente_przses and in doing <br />so they were obliged to forego the most essential public im- <br />provements. Ne then states, ~at present, indebtedness of <br />this character, except in very few states, is never created. <br />(~ol.I Sec. <br />In Volume Z, Section ~SS, he further st~ates: "Unless expressly <br />authorized by charter or statute, a m~aicipal cot?oration c~ <br />not appropriate or give away the public m~ney as pu~e donations <br />to any person, corporation o r private institution, not under <br />the control of the City s~d having no connection with it.~ <br />~ection ~078 C of the Code of Virginia, permits the City Coun- <br />cil, in its discretion, to expend not exceeding one per cent <br />of its annual revenyes inadvertising and giving publicity to <br />the resources and advantages of the City. This in my opinion <br />means the City must use the money for advertising and not for <br />some other indirect purpose <br />The appropriation requested is no different in p rincipal from <br /> the appropriation made for the Portsmouth Hotel. This was at - <br /> tempted to be made on the theory of advertising. The Judge <br /> did not hesitate to issue the injtuaction and announce his <br /> decision immediately upon the comoletion of the argument. The <br /> law is very definite that the Ci~ can not appropriate money <br /> to aid private industries.'~ <br /> <br />The fol!owing~ letter was read: <br /> <br /> nit is requested that the attached release be executed by~r. Leslie T. <br />Fox and Nr. L.C. Brinson, and that the City Council so authorize them by proper resolution. <br /> The release is for a Social Service Bureau lien against the property <br />of Rosetta Foreman, in the amount of ~llgG~O0, this amount now having been duly paid. <br /> <br />Very ~ruiy yours, <br /> <br />John ~. EacKenzie." <br /> <br /> Motion o f ~r. Barclay to instruct the proper officers to execute said <br />release, was adopted. <br /> <br /> Two letters received from the Deoartment of Correction, in reference to <br />the Department of Correction, in reference to the jail, were referred to the ~anager. <br /> <br /> ~gr Weiseman stated that the TM .... ~ Club would have an oyster roast on <br />~ecember 1st and the Eayor, ~anager, Attorney, Clerk and all me~bers of the Council were in - <br />vited to attend. <br /> <br /> ~otion of ~r. Henderson that we open the meeting on November ~Sth to the <br />public for consideration of the 19~8 Budget, was adopte'~ <br /> <br />On motion adjourned. <br /> <br />ipprove - <br /> <br /> re~&dent. <br /> <br />Clerk. <br /> <br /> <br />
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