Minutes 07/14/1925 - Laserfiche WebLink

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July 14, 1925 On motion of. Er..Stewart (J.R,)., the communications were referred to Finance 0ommittee. lOth. #! am-inclosing herewith an ordinance entitled, 'An Ordinance 0losing that Portion of ROmanesque Street Lying South of the 0curry St. Road.' Its p~ssage is recommended.~' An Ordinance 0losing that Portion of Romanesque Street Lying South of the 0ounty Street Rondo On motion of Mr. Stewart (R.E.B;), the ordinance was placed on..its first reading. ilth. "In accordance with your instrmctions, l'have had a study made of the ~ecessarY equipment for spraying trees infested ~ith the elm beetle; placed about ten feet?~pm th~_g~u~, .the~?~_~Dc~vX~Ys~ ~a~~pment ?ov material $ 00.00. will cost $1,~00~00~ laoor xor_~u~ summ~ ~_~w~ v .~ - - than to make a spec~a~ appropr~a~o~.~x ~,-~v,~ - . - -*- would ~e saved.~ If the ~p~ropriation.~annc~ me au~nor~ze~, ~ - , to pumch~se the equipment.- - On motiom, the recommendation was_referred t~ Fiv~_~ce 0ommittee. UNFINIS~EDBUSINESS The regular reports of the City ~reasurer, 0ity Oollector, and 0ity~Auditor for the month of june, 1~25, were presented and were referred to the Finance 0o~mfttee. The following communication was read from the 0ity Attorney: ~Portsmouth, Va., july 14, 1~2~, Eon. City Council, Portsmouth, Virginia. Desm Sirs:- Some time ng~ you referred to me the question a~ to whether the Oity has a legal right to pass an ordinance requLring tr&desmen ~ho enter apartment houses to use the trades- men entraace when one is provided. ! have been u~_~ble to i~ame such an ordinance which I thought would 'be legal. The City has no express authority in this respect, aa~ u~less the o~di~¢e oan b~ passed under its police powers it cannot stand. 0~di~XlY the police Powers are to regulate the public health, morale,land safety, and while they sme broad in the scope and difficult to define, yet they are ~ubject to Judicial review a md are limited by both the State and Federal Oonstilmtions, ~he line ~eems to be drawn between things af- fecting the pubilo generally and those affecting private rights. I doubt that an apartment house has such a pu~l~c character that the Ci'ty can regulate the manner in which people shall enter it. Xt is a matter of private concern which may be controlled by the owners and tenants, regulated Be · An Ordinance Requi~ing TradeSmen. to-Use Trade Entrances The motion was adopted. table: The following communication was also read f~om the City Attorney: "Portsmouth, Va., July l~, Hon. City Council, Portsmouth, Va~ in the leases, and governed by restrictions in the individual houses. ¥otu's very t~uly, R. O. ~0~Y, 0ity Attorney." Stew~ (J.R.) ~ved ~ ~e re~t be aco~ted. ~e ~tion was ~opted~ then moved tha~ the followi~ ord~ce ~efe~ed to ~ the repo~ be ~id on ~he in Apa~tment H~ses.~ Gentlemen: On June 2?th, the 0ir~ait Court of Norfolk County overruled a motion for a new trial in the suit of J. ~. Johnson against the Oity of Portsmouth, amd entered a Judgmemt against the City for $3,000.00. ! would advise that this case be ~ppealed to the Supreme Court o£AppeaIs of' Virgihia, and if it is your desire that this be done X will ask that you authorize me to note an appeal. Yours very truly, R. O. BAROLAY, 0ity Attorney~# On motion o[Mr'. Stew4rt (R.E.B.), the request cf the Oily Attorney was granted. · NEW BUSINESS A request was read from the 0ity 0ollector aaking that an a~pr~iation of $100..00 be al- lowe~ $o purchase a filing case ~or the proper filing of camds:amd a~plioations of drivers' permits. On mo.tion, the re.~est was referred ~o Finance 0ommittee.