Minutes 08/14/1928 - Laserfiche WebLink

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August 14, 1928 L~NFINISHED BUSINESS ~ae following communication was read from the City Att~orney: "Au~st 13, 192~. Hono 0ity Council, Portsmouth, Va. Gentlemen: At your meeting on July 25, 1928, the following matter was referred to me. 'Instructed to draft an ordinance to compel the cutting of weeds as provided for in the St-ate law.' The State law, Acts 1928 page 1082, provides that cities a~e ~uthorized and empowered to provide in their discretion, for cutting of weeds and other foreign growth on vac~ut pro- perty at such time or times in each year as may be deemed expedient. All expenses incurred in cutting the weeds shall be chargeable to and paid by the owner of the property and Collected by the City as other taxes and levies are collected. In order for the act to be constitutional there must be acme method for providing a levy and notice. As the act is very recent the courts have not decided what will constitute a levy and notice. However the season is too fa~ vanced this year to place the ordinance in operation and it will take considerable ~quipment and an appropriation to do the work, so I am requesting the City Manager to Secure fo~ me from the Health Department and the Street Department the necessary data to draft the ordinance. Yours very truly, R. O. Barclay, City Attorney." On motion of Mr. White, the communication was referred to the City Manager. The following communication was also r-cad from the 0ity Attorney: "August 13, 1928. Hon.-0ity Council, Portsmouth, Va. Dear Sir:-- In reference to the bill of Nr. J. W. Leafs for writing out the evidence taken before the Special Grand Jury called to investigate reports concerning the police department of the city, I can find no case where the Grand Jury has ever incurred any expense in holding its investigation. There seems to be no provision made in law to cover such expenses. However section 4~63 of the Code of Virginia~ 1919, provides that the compensation of grand juries shall be paid out of the county and corporation levy. There is no provision made for the State to pay any costs of a grand jury, and if the. City Council b~lieves th~ the bill.of was a necessary e~pense incurred By the~ Sp~czal Grand Ju~vy z0 enable zne juror~ ~o~~ro~er+~ perform their dutzes, I believe the City Council could legally pay the bill. Mr. ~zaud, the foremau~f the Grand Jury states this is an unusual case in which the 0i~y employees were in- volved and. that the evidence was transcribed in order that they migh~ be no mistake as to the testimony. He thimks that because the matter involved the city employees that it would not be anrecedent for ~uot~e~ grand ju~y to incur a ,simil.a~ expense.~ I, per.sonal~ do not believe a grand ~jury would go to the same trouble of transcribing the eviaenoe un,ess mne case was special purport and the jurymen thought i~ ~ou~d be. to the best interest of the city. There is no legal obstacle in paying the bill. Mr. ~eaxe. cau be paid for ~is ~ork provided the C°,,u~cil thinks he has performed a service for the O~ty. In other words the action of the Grand Jury in having him do the work can be ratified by the ~o~uucil. Yours very truly, R. O. Bs~clay, 0ity Attorney.e M~. Brooks moved that the matter be laid on the table until the next of Co~ucil, and that the City Manager be instructed to investi.g?te by Mr. Lea~e and how it was done, and report back to ~he Councml. ~ The following re~ort was read from the City Attorney: "A~gust 13, 1~28~ Hon. City Council, Portsmouth, Va. regular meeting ~Ork was done Gentlemen: At your meeting held on June 12, 1928, two communications were received from Oassell & Casselt, Attorneys, asking for relief of taxes for Trustees of the Lutheran Synod. of Virginia. One petition asked for ret.ief of taxes on vacant property at the northwest corner of High and Washington Streets. As this property is not used for church purposes I do not think the p~rties are entitled to have it relieved from taxes. The.~ther petition asked for relief of taxes on the ohurch building number 510 Din- widdie Street, and the property at the southwest corner of High and Dinwiddie Streets, formerly occupied by the Water Department. -The property number 510 Dinwiddie Street is used solely for church purposes and should not have been assessed. It should be relieved of the 192~ and 1~28 taxes assessed in the nome of the Trustees of Lutheran Synod of Virginia, amounting to ~89.10 for lq~7 and ~87.4~ for 1928. to~ether with interest and oenalties on the 1927 taxes.