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Nay 12th, 193i~
<br />
<br /> At a regular meeting of the 0ity 0ouncil, held May 12th, 1931, at 8:00 P.M.
<br />there were present:
<br />
<br />Vernon A. Brooks, We R. Hutchins, E. W. Maupin, Jr., Arthur Mayo, J. Alden
<br />Oast, Archibald 0gg and J. R. Stewart -
<br />Also the City Ean~gerj
<br />
<br /> Minutes of the regular meeting held April 28th, were read and approvedA
<br />
<br /> The following communication from the City Manager and 0ity Attorney, was read~
<br />
<br /> "Portsmouth~ Va., May 12th, 19315
<br />Honorable City 0ouncil,
<br />Portsmouth, Va.
<br />
<br />Gentlemen:
<br />
<br /> The following matter, which was referred to the 0ity Attorney and 0ity
<br /> Manager at the last 0ounoil meeting 'Objection to that part of the city licente~tax or-
<br /> dinance giving the 0ity 0olleotor the right to determine the rental va~lue of a store
<br /> located in a building, part of which is used aS a dwelling;~
<br /> ~e respectfully submit the foIlowing report. We have gone over the
<br /> matter.thoroughly, have had a conference with Mr. Baagel aad we could not agree with
<br /> suggesmions offered by him. The 6rdinanoe as drawn, has given general satisfaction for
<br /> many years, with the~exoeotion of some few instances last yes~;~ The only chan~e in this
<br /> part of the ordinance fro~ i~31 and other yeam~s, is on account of all city licenses now
<br /> being issued and paid .in the office of the 0ity Oolle etor; The ordinance recently passed
<br /> was changed substituting the Oity 0olleotor for 0ommissioner of Revenue, who under our
<br /> presen~ system has nothing to de whatsoevermwith city liQenses$
<br /> Du~ing our conversation with M~. ~B~ugel we agreed that we would .have no
<br /> objection if the 0ounoil deemed best to amend the ordinance to re~d "that an ~opeal oo~d
<br /> be made to the 0ity~ Manager". ~This, however, was not satisfactory to h~m~~ We feel that
<br /> the wording of the ordinance as it is, is perfectlyfair and reasonable~' ~ne City Gel-
<br /> lector and~Lioense Inspector have in the files at all times ~
<br /> a~ times all rental values
<br />in the city and are kent up from time to time when chsmges are necessary by the changing
<br />of rental values. We 4ave conferred with the Oity 0olleotor~on the matter and have re-
<br />ceived the information that she had very few complaints that she went into each case
<br />thoroughly where there was ~any question at all;~ The office has all possible information
<br />at hand to render decisions$ Wg feel that to disturb the ordingnoe any further than
<br />suggested would be against the best interest of the 0ity and would further give to a
<br />special class of merchants a special privilege over the other merohantsA~ ~-
<br /> We further submit that the cowers of the Oity Oollector in this i~stance
<br />are properly placed in the Fina~uoe Departmen% where they belong, and are no greater pow-
<br />ers than a~e now given to other officials in m~ny instances, such as th8 Oity 01erk &
<br />Auditor, Health Offioe~, Oity Engineer, Building & Plumbing Inspector, Fire and Police
<br />Ohief -a~d City M~uager, and many powers of city officials are far more reachir~ than
<br />this ordinance calls for~ In order for the public to be properly served and its busi-
<br />ness conducted for the common good of all from day to day, it is necessary that these
<br />officers who deal directly with the various problems coming under their office shall
<br />be charged with the responsibility,~as it is unreasonable to expect other~ to be in pts-
<br />session of the information necessary.
<br /> We f~3~ther submit that we do not feel that the Oity should put itself
<br />in a position of defense on its ordinance, that the me~ohant sho~uid be nut in that posi-
<br />rich, whic~ is the o~se in other ord'~nances. We therefore recommend t?~t~ the ordinance
<br />remain as pas~ed, but if the Oo~ucil desires to permit ~ appeal that the s~e be made
<br />to the Oity Manager, which, as a matter of fact, could be exercised at this time.
<br />
<br /> Yotu's truly,
<br />
<br /> Frahk G. Hanrahan.
<br /> R. ~. Baroiay."
<br />
<br /> Privilege of the floor was granted Mr. A. Bangel, who presented the fol-
<br />lowing and asked that it be made a ~t of the License Tax Ordinance=
<br />
<br /> "The tax hereby imposed shall be in lieu of all tax upon capital actually
<br />employed by said ~erch~ut or meroanti!e fi~m on said business, and sh~l! be paid when the
<br />license is issued. -
<br /> Every merchant, firm or corporation applying for a license shall be re-
<br />quired to produce a bon~ fide rent receipt, agreement or check showing the amount of rent
<br />paid per month or year by him or them, ane if in the judgment of the Oity Oollector, he
<br />or they are seeking to evade the tax. by not producing the proper reoeiot, then the said
<br />Oity 0olleotor shall refuse to grant him or them the reouired licemme {until he shall
<br />ha~e investigated the application therefor in order to ~scertain the true amount of rental
<br />paid by said appiicant~
<br /> If the mercha~ut, firm or corporation applying for a license owns the
<br />place of business,~and in the judgment of the Oity Oollector he or they do not put a pro-
<br />per rent~ value on the pro_~rty, the said City Collector shall have authority to investi-
<br />gate and ascertain the true rental value of such property before g~antir~ the application.
<br />If the issuing of the license be delayed as result of a dispute between
<br />the City 0olleotor and the applicant, as to the proper amount of rentml value paid by said
<br />
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