August 14, 1928
<br />
<br />.I
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<br /> The petition asks for the relief of one-ha!f of the 1927 tax~es and all of 1928 taxes
<br />on the property at the corner of High and Dinwiddie Streets, based upon the statement it is
<br />used as a Sunday School in connection with the church. Upon the information which I have been
<br />able to obtain the small r~ar room on the ground floor, formerly used by Mr. Davis as his pri-
<br />vate office has recentl~ been used for a ~nday School room. The remainder of the building
<br />is for rent and the whole is for sale. Under these circumstances I do not feel that I should
<br />recommend the relief of the property from taxes.
<br />
<br />Yours very truly,
<br />
<br /> R. C. Barclay, City Attorney."
<br />
<br /> Mr. ~hite moved to concur in the City Attorney's recommendation.
<br />
<br />Mr. Brooks moved to amend, to lay on the table and the City Manager be instructed to
<br />investigate churches holding large amotu~t of unimproved property for future developments.
<br /> The amendment was adopted, and by the following vote:
<br />
<br /> Ayes-- Brooks, Maupin, Stewart, White, 4.
<br /> Nays~ Dunford, Mayo, 2.
<br />
<br />The following report was also read from the City Attorney:
<br />
<br />Hon. City Council,
<br />Portsmouth, Va.
<br />
<br />"August 13, 1928.
<br />
<br />Gentlemen:
<br />
<br /> At your last meeting you referred to me a communication from the City Clerk and Audi-
<br />tot asking for an appropriation of $432.00 to pay the costs of the special election held on
<br />June 19, 1928, to vote upon the amendments to the State Constitution.
<br />
<br />March 14, 1928This election(Acts 1928WaSpageheldunder637). authority of an act of the General Assembly ~pproved
<br />
<br /> Section 170 of the 0ode of Virginia, 1919, provides that the costs of conducting
<br />elections shall be paid by the cities and counties respectively.
<br />
<br /> The above mentioned act of 1928, section 6, provides that the expenses incurred in
<br />conducting this election shall be defrayed ~s in the case of the election of members of the
<br />General Assembly, excepting as otherwise therein provided. Section I of the act provides that.
<br />the election should be held and conducted in the manner prescribed by taw for the holding and
<br />conducting of speoie~l elections except that the services of the clerks should be dispensed with
<br />and one of the judges should act as clerk, and that the judges should be paid out of the State
<br />treasury theper diem fixed by law for the holding of elections, and an amount sufficient for
<br />such purpose was appropriated out of the State Treasury .and directed to be paid to the cities
<br />and counties.
<br />
<br /> Hence my conclusions are
<br />State will re-imburse the city the
<br />$5.00 per day.
<br />
<br />that the city must pay the costs of the election and the
<br />per diem of three judges at each precinct at the rate of
<br />
<br /> ~e Electoral Board in conducting the election placed four men at each of the polls
<br />instead of three as authorized in the act and have sent in a bill for their ~er diem at SY.OO
<br />per day ir~tead of $5°00 as allowed by the State law (Acts 1928 page Y69). The City Council
<br />has heretofore in its buclget orovided $~.00 oer day for the pay of judges and Clerks of
<br />election while the sta~e law Ras heretofore 411owed only $5°00 per day.
<br />
<br /> The amount of the pay therefore seems to have been fixed by the Council at ~y. O0 per
<br />day. The Electoral Board also seems to think it wa~ necessary to have four men at th~ po~ls
<br />instead of three. This was a matter of judgment on their part. I believe under the above
<br />facts lt~WOuld be proper for the City Council to allow the bills and to send a voucher ~o~_the
<br />State Comptroller to be reimbursed $5.00 a piece for twenty-seven judges.
<br />
<br />Yours very truly,
<br />
<br /> R. C. Barclay, City Attarne~.,
<br /> Mr. Brooks moved 'that the recommendation of the City Attorne~ be concturred in, and that~
<br />a special appropriation of $432.00 be allowed.
<br /> The motion was adopted, and by the following vote:
<br />
<br /> Ayes-- Brooks, Dunford, Ma~p~n'n~,,Mayo, Stewart, ~hite, 6,
<br />
<br /> A communication was. read from the City Clerk & Auditor stating that there will be needed
<br />an additional appropriation of $900.00 to pay Juries for the balance of the fiscal yea~, for
<br />the reason that the State has increased jury allowance from $19~O per diem to $2.50 per diem.
<br /> On motion of Mr. Brooks, a special appropriation of $900.00 was allowed for same; and
<br />]my the following vote:
<br /> Ayes-- BWooks, Dunford, Maupin, Mayo, Stewart, White, 6.
<br />
<br /> The regular reports of the City Treasurer, City Collector, and City Auditor, which had
<br />been approved by the Oity Eaneger, were presented and. were ordered to be filed.
<br />
<br /> The following communication was read from Arthur Emmerson, Capt. Grimes Battery:
<br />
<br />sp. ap
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