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339
<br />
<br /> At a regular meeting of the City. Council, held on July l~th, 1936, at 8:00
<br />there were present:
<br />
<br /> Vex-non A. Brooks, Leslie T. Fox, J. T. Hanvey, W. R.Hutchins, $.B. Moore,
<br /> J..Alden Cast, J. R. Stewart, City Manager.
<br />
<br /> Minutes of regular meeting, held June a3r~, were read and approved.
<br />
<br /> The following communications from the City Manager were read:
<br />
<br />1st ~ The Manager presented the following ordinance:
<br />
<br /> "AN ORDINANCE TO ANEND THE BUILDING CODE OF THE CITY OF PORTS-
<br />MOUTH, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS SECTION 125 A,
<br />P~ING TO NASONRY WALLM OF ONE'STORY BUILDINGS."
<br />
<br />Motion of ar. Fox to place the ordinance on its first reading, was adopted.
<br />
<br />and - The Manager presented the following ordinance:
<br />
<br /> "AN ORDINANCE TO AMEND THE BUILDING CODE OF THE CITY OF PORTS-
<br />MOUTH, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS SEOTION 106 A,
<br />RELATING TO WINDOWS IN APARTMENT ~ND TENEMENT HOUSES".
<br />
<br />Motiomof Mr. cast %o place said ordinance on its first reading, was adopted.
<br />
<br /> 3rd - "The piers and under-structure of the bridge, leading to the City Park
<br />and Olive Branch Cemetery, have been deter~orating for some time now, and the exceptional
<br />freezes of last winter made repairs imperative.
<br /> From the nature of the work, it was impracticable to secure bids and
<br />an estimate would have been a mere approximation. Therefore, the Engineering Department made
<br />the repairs, at %he following cost:
<br />
<br />Material - $ 790.13
<br />Labor 300.6~
<br />
<br />the
<br />
<br /> Total cost $1,090.81
<br /> I recommend an appropriation of $1,090.81
<br />same to be credited to "Bridges and Culverts - No. 311#."
<br />
<br />from the0emetery Account,
<br />
<br /> Motion of Mr. Hutchins to lay the requested appropriation on the table until
<br />the next meeting, was adopted.
<br />
<br />The following communications from the City Attorney were read:
<br />
<br /> 1st - gat your last meeting, you directed me Sro prepare an ordinance prohi-
<br />biting the sale of wine and beer from 12:00 P.M. Saturday to 6:00 A.M. Mondayt.
<br /> Sections 2~ and 65 cf the Alcoholic Beverage Control Act, known as
<br />Section ~675 of the Code of Virginia, provide as follows:
<br /> Section at: The Board shall prescribe by regulations, which it may from
<br />time to time alter, amend or repeal, between what hours and on what days wine and b~er shall
<br />not be sold by persons licensed under this Act.
<br /> Section 65: No County,City or town shall, except as otherwise provided in
<br />Section twenty-six of this Act providing for the issuance cf local licenses, pass or adopt
<br />any ordinance or resolution re~latlng or prohibiting the manufacture, bottling, possession,
<br />sale, distribution, handling, transportation, drinking, use, advertising, or dispensing of
<br />alcoholic beverages in Virginia.
<br /> Because of the above two sections, any ordinance which the City Coun-
<br />cil should pass, prohibiting the sale of beer and wine on Sunday will be void. ~ne letter
<br />which was received from the A.B.C. Board stating that the City could regulate the Sunday sale,
<br />evidently referred to the enforcement of the Sunday labor laws. However, the enforcement of
<br />this law is very difficult. Itwould have to be enforced against all sales made on Sunday,
<br />and ~ot simply against beer and wine, to be effective, ~d then the question arises as to what
<br />is a necessity. This is a Jury question and it is doubtful that convictions can be obtained.
<br />At present the City is without power to pass such an ordinance."
<br />
<br />On motion received and filed.
<br />
<br /> _ NOtion of. Mr.~Fox torequest the City Attorney to petition the Alcoholic B~ver-
<br />age Control ~oara ~o pron~oz~'~ne same OZwine ~ud bee~ in the City of Portsmouth, from 12.00
<br />P.M. Saturdays to 6:00 A.M. Mondays, was adopted.
<br />
<br /> and - "The proper~y number 16 Middle St., belonging to the Eastwood Estate,
<br />was recently sold, in the ~uit to enforce the llne of taxes, to the Virginia Electric.& Power
<br />Comga.uy for Six'Hundred ($600.00) Dollars. This amount was distributed by pa~ing Clerk's cost
<br />of $13.85; CommisSioner in Chancery $20.00; aporaisers $5.~0; advertisemen~ $17.81; auc-
<br />tioneer $5.00; U.S. Revenue Stamp $1.00; premium' on bond $5.00;S{ate taxes $76.90, and balance
<br />of $~5~/~ ~ppl~ied to City taxes.
<br /> The pPope~ty did net sell for sufficient money ~o pay all the taxes and
<br />the following re~ned unp$1d:
<br /> 1926 - balance on interest and advertising $3.~0;
<br /> 1927 - $91.80; 19a8 - $90.10; 1929 - $90.10;
<br /> 1930 $90.10; 193~~ $60.95; 193a ~ $~O.95;
<br /> 1933 ~ $~0.95; 193~ $60.95; 1935 - $31.80;
<br /> together with interest and penalties thereon.
<br />
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