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Mr; Brooke moved that'th~ ordimance b~ referred to the 0~ty Attorney to give his ~pSn~on
<br />as to the legality of same:
<br /> Mr. Stewart (R.E.B.) movedthat the ordinanc~ b~ tabled. Mr. Stews~rt's motion wae lost
<br />by the following vote:
<br /> .Ayes-- Stewart (R,E.B.), Stewart (J.~.), 2.
<br /> . Nays-- Brooks, Oast, Smith, White, 4.
<br />
<br />Then Mr. Brooks motion was adopted.
<br />
<br /> The following ordinance, which had been placed on first reading by 0om~cil April l?th,
<br />w~s taken up and read:
<br /> AN ORDINANCE PROVIDING ,FOR THE LEASING BY THE 01TT OF PORTSMOUTH OF THE
<br />EAST ENDS O~ HARRISON AND RANDOLPH STREETS.
<br />
<br /> In conm~etionwith the ordinance,
<br />Attorney~
<br />
<br />Hon. City Oo,&ucil,
<br />Portsmouth, Va.
<br />
<br />the following oommuuication was read from the 0ity
<br /> "Portsmouth, Va., April 28, 1925.
<br />
<br />Dear Sir:--
<br />
<br /> I sm enclosing a letter from the Oommissioner of the Lighthouses concerning the
<br />leases for the ends of Harrison, Randolph s~d ~enry Street~, in which he saye it is impossible
<br />for the Department to accept~ the leases on-an annual basis. I therefore suggest that you
<br />amend, the.ordinances by st~iki~ out the. word 'yearly' which appears once in the lease for the
<br />end of Harrison_and Randolphstreets, and twice in the lease ~qr Henry Street, and makimg
<br />the leases read ,yielding therefor the rent ~or s~id term of $ payable in advance."
<br />
<br />Tours very truly,
<br />
<br />R. O. BAROLA¥, 0ity Attorney."
<br />
<br />The following is the letter enclosed:
<br />
<br />Mr. R. O. Bemclay, Oity Attorney,
<br />Building and Loa~.Building,
<br />Portsmouth, Va.
<br />
<br />".Washington,
<br />
<br />April 2~, 1925.
<br />
<br />Dear Sir:
<br />
<br /> 1. Referring to your letter of April 20~h, 1925, a.copy of which is inclosed, md-
<br />dressed to the Superintendent of Lighthouses, B~ltimore, Nd., forwarding to.him copies of
<br />the ordinances for the lease by the Lighthouse Service cf street ends in Portsmouth in com-
<br />nection with the proposed lighthouse depot, which were presented to the City Council for first
<br />reading:
<br />
<br /> 2. These ordinances, as read By t~e Oouncil, differ f~om the ~drafts previously
<br />prepm~red in that they provide that the Un~e~ States will pay a rental yearly in advance,
<br />whereas the previsms drafts provided that the United States would pay · flat sum as a conside-
<br />ration, upQn delivery of the lease, oover~ing~th~ enti~e period of thirty years. It is~ighly
<br />desirable that the lea~es should read, in this respect, the same as the first drafts. The
<br />appropriation for this project would be available for the payment of a definite lu_~ smm
<br />but not for ~m~uu~l payments, and am s4~reem~nt to pay ~ sum beyond a perio~ for which appropria-
<br />tion has been r~de is not authorized. The ~rafte that were read bythe Council would'require
<br />a llurther provision for renewal each year a~ter a new appropriation hasbeen mmde.
<br />
<br /> 3- It is understood that changes in the ordinances first read by the; 0ouncit ca~
<br />be made at the next reading ~nApr~l 28th, ~nd it is respect~ally requeSte~ ~t the Payment
<br />clause be changed to provide for the payment of a lump s~m consideration without reference
<br />to yearly renta~ls. Section 3Y32 of the Revised Statutes forbids payment.in s~ch cases exeept~
<br />in tP~t manner.
<br /> Respectfully,
<br />
<br />J. $. 00NWAY, Acting Commissioner Of Light, houses."
<br />
<br /> On me,ion of Mr. Brooks, the' ,last cls~Ase of Section 1~ paragraph 3, was amended to read
<br />as fellowe. "yielding~ therefor the rent for saAd term of $ payable in ad~amoe."
<br />
<br /> ~ Then on motion of Mr. Brooks, the ordinance was adopted as amended, a~d by the following
<br /> Ayes-- Brooks, Cast, Smith, Stewart (J.R.), Stewsurt (R.E.B.), White, 6.
<br />
<br /> Then the follow,mE ordinance which had been placed on its first re~ding. April l?th,was
<br />taken up, 'amd~read:
<br /> AN ORDINANCE PROVIDING FOR THE LEASE O~ TNENORTRHAL~OF THE EAST END
<br />O~HENR¥ STREET, AND TEE SOUTH HALF OF THE EAST END O~HEE~RY STREET.
<br />
<br />Mr. Brook~ moved that the third paragraph of Section i be amended to read_as follows:
<br />
<br /> "Thio Deed of Lease, m~ds the day of , 1925, belm~een the 0ity of Portsmouth,
<br />a municipal corporation, of the State of Vir~ir~ia~ party Of the first p~rt, a~d
<br />party of the second part, and , party of ~h? third part;
<br />
<br /> "Witnesseth, that for and in consideration of the rents, covenants, agreements, terms
<br />smd conditions, ~areinafter set forth on the part of ~he lessees, to be respeotively'p~id,
<br />perfgrmed, kept, done and observed, the party of the first p~rt doth demise, for a term to
<br />_~mm~n$e onthe -day of , 1925, ~d to .run for so.long a time as the property
<br />
<br />
<br />
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