Minutes 02/11/1930 - Laserfiche WebLink

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February 11, 1930 The following communication was read from the City Attorney: Honorable City of Portsmouth, "Portsmouth,Va., February ll, 1930. Portsmouth, Va. Gen$1emen:- There has been pending in the Circuit Court of Nansemond County some years a suit involving land on the water shed of Lake Kilby. Thecontention is an old one dating back to the ownership o£ the Old Water'Company. After a hearing before-Judge Spratley some time ago~ Mr. James H. OOrbitt who had been employed by the city in the matter, and myself decided to institute an injunction proceedings against Mr. J. T. W' ' mllmsms the plaintiff in the suit. This'became necessary because'of the fact tha~ we had certain equitable dsfe~ses which could not be introduced in an action at law, and consequently we enjoined ~r. Williams from proceeding at law and thereby made th8 case an equity cause. I am therefore requesting that you ratify our action and authorize us to proceed with the cause. Yours very truly, On motion of ~r. Maupin,. the action of authorized to proceed with said case. R. C. BARCLAY, the City Attorney was City Attorney., approved and he was (Present Er, Brooks) The City Attorney stated that'the following Bill ha~ been introduced in the Legislature to protect the cities of Virginia in reference to taxes paid on water works systems, and asked that the Bill be~approved and that our representatives in the Legislature be reouestsd to support the same:~ to amend the Tax Code of Virginia by adding thereto a new section to be numbered AN AC~o as to~ provide for the partial taxation ~f lands or buildings, or part thereof, not belonging to~tne State, and owned airectly or ineirec'tly by any political subdivision of the State, ananot exclusively used for the purposes of such political Subdivision. Be it enacted by~thc General Assembly of Virginia, That in the event any land or buildings constituting any portion of any water system or other public utility owned directly or in- directly by any political subdivision of the State, shall be legally assessable for taxation by any political subdivision other than the owner of said p~blie utility, such property located witkout the limit~ of.said owner, shall be asse_ssed only for the portion of the value therebf which the proportion of the gross revenue of said utility derived from consumers outside Of the limits of the owner bears to the gross revenue derived from the whole utility; such assessment to be based on the revenues of the year preceding such assessment. This Act shall apply to the assessment for the year 1930 and for eac~ year thereafter., Dr. Dunford moved that the request of the City Attorney be concurred in. The City Attorney presenZed the ~ollowing communication: Honorable City. douncil, Portsmouth, Virginia. Dear Sirs:-- "Portsmouth, Va., February 11, 1930. · There is pe~ding in the Circuit 0curt of t ' · · - ' , o O~b~a, rga~st,~ C~ty~ts~ecover Fifteen Hundred ($15 . YD ~,,~t~ ..... ~ ~=~, oy zazzzng over a broken olace 'n ~ o~o~,.~ i~~ ~zz~s sustained, --~y ~ernon Avenue~ between Detro ~ ~ z - ~,~a on ~ne west szde of a h~le in the sidewsl~ a=~ ~= e~z~+~:Clev$1,and Streets. N~. Woodson states he fe~l ~= Semi-circle ffrmm wh~'~ ~[ ........ ~ ~nzs poznz a place cut out of the s~=~ ~i~Y_-- Er. ~oo~on offfers to settl-e h~ ~'~;=f~ ~i~fi~9 ~cg~ng ~o Dr. Phillips' report). ~- ---~ nun~rea ~0o.00~ Doll.s. There is no question of the bad place in the ~idew~k. As to the ~ount of the d~ages it is h~d to determine. ~ would suggest that 'I be autho~zed to settle the cl~m for $100.00 if I ~ able to ~ so. The case is set for t=~l on February 20th. Yours very truly, R. O. BARCLAY, Mr. Ogg moved that th~ City Attorney be able to do so;' if not, to defend'the ss~me in The motion was adopted. City Attorney., auzhorized to settle the claim'for $100.00 if court. On m~tion, adjourned.