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At a called meeting of the City Council on July 31st, 1947, at 4:30
<br />P.M., there were present:
<br />
<br />Leslie'T. Fox, Arthur P. Henderson, Frank D. Lawrence,
<br />~. E. Warren, H. Earl Weiseman, Pearle J. Wilson, R.C.
<br />Barclay, City Attorney
<br />
<br />The following call f~ the meeting was read:
<br />
<br />July 31st, 1947, at
<br />
<br /> ~Please attend a special meeting of the City Council on Thursday,
<br />4:30 o'clock P.M.,~to co~mider the sale of $185,000.00 School Bonds.
<br /> By Order of the'Pl~esident.
<br /> L. C. Brinson, City Clerk."
<br />
<br /> The City Attorney presented the following letter received fr~n Wood,
<br />King and Dawson, our attorneys in New York:
<br />
<br /> "City of Portsmouth, Virginia, School Bonds dated August 1,1947-
<br /> $185,000.00
<br /> We acknowledge receipt of yo~ letter of the 26th instant with en -
<br />closures, which are satisfactory. We are returning executed bond No. i to you herewith by
<br />registered mail, insured.
<br /> With reference to the four bids submitte% w e desire to point out
<br />that there is no requirement tnt he Charter of the City o f Portsmouth or in the Code of Virgi-
<br />nia that the bonds be sold at public sale. Since no legal question i s, therefore, involved,
<br />the Council could, if it so desired, reject all bids submitted and award the bonds privately.
<br />By the same token the Council could waive any and all i~regula~ities iht he bids or certified
<br />checks or in the time of submitting bids and award the bonds to the bidder whose bid the
<br />Council, i~ its discretion, deems the best bld~and the most adv~tageous to the City. Ee a~e
<br />accordingly prepared to approve the bonds as so awarded by the Council upon receipt of proper
<br />certified extracts frem the minutes of the Council showing such award.
<br /> For you~ info~mation we may ss~ that un, er circumstances similar to
<br />the present case couris have universally held, wherever the question has a~isen, that a disap-
<br />pointed bidder has no standing in Cotmt whatever to contest the award made by the governing
<br />body of the City.
<br /> Very truly yours,
<br />
<br />Wood, King
<br />
<br />The City Attorney presented the following report:
<br />
<br /> "In connection with the sale of School Bonds of $185,000.00, I find
<br />no action of the City Council directing the sale of the bonds. It appea~s that the City Mana-
<br />ger requested bids by advertisement. In my opinion, his action in seeking bi~s was to obtain
<br />offers for the bonds which he could submit, to the City Council fo~ its acceptance, and until
<br />an offer is accepted, there is no'binding obligation ch the City Council for the sale of bonds
<br />Therefore the Council may legally s ell the bonds bo whomsoever it may see fit.
<br />
<br />Yours very truly,
<br />
<br />R. C. Barclay, City Attorney."
<br />
<br /> On motion of Mr. Weiseman, seconded by N~. Warren, that we sell
<br />$188,000.00 School Bends to C.F. Cassell & Company, of Charlottesville,Virginia, and the ~me~-
<br />ican National Bs~k of Portsmouth, Vi~intly for $187,461.30, was adopted, and by the
<br />following vote:
<br />
<br />Ayes: Fox, Henderson, Lawrence, Warren, Weiseman, Wilson
<br />Nays: None
<br />
<br />On motion adjourned.
<br />
<br />Approved-
<br />
<br /> ~resident.
<br />
<br />City Clerk.
<br />
<br />
<br />
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