~mne 12, !~23
<br />
<br /> The act provides that a petition which complies with the article as to form and nmmher
<br />of signers and manner of execution shall be accepted as prima facto st~fficient.
<br />
<br /> The petition must contain a statement in not more th~n two ht~udred words, giving the
<br />petitioners reasons for the adoption of repeal of the ordinances, and if signed by electors
<br />e~to fifteen per cent~m of electn~s voting for governor ir,~ the last p. reoe~ed.ing gub?rnat..orial
<br />election and contains a request thzt the ordinance be submitted to a vote oz' the psopze,~
<br />Council shall ei~her,L(a) pass the proposed ordinance without alteration~, or repeal such exist-
<br />lng or.din~nce within ten days after determining the sufficiency of the petition, or (b) within
<br />said ten days call a special election (unless a general election be held at least thirty days
<br />and wkthin ninety de, ye thereafter).
<br /> The Council may in its discretion propose an ordinaries for substitution, and (although the
<br />language of the Act reads ~or') submit such proposed ordinance to the electors at the same
<br />eleotion~
<br /> If m ~jority of the qualified electors voting on a proposed ordinance shall vote in
<br />favor thereof, it shall become a v~d mud binding ordinance of the City, and can not be repeal-
<br />ed or suspsnded, except by a vote of the electors within two yea~e thereafter.
<br /> if the majority of the qualified electors shall vote in favor of the repeal ~f an exist-
<br /> lng ordnance it shall become of no force and effect.
<br />
<br /> In reference to these petitions, i find they a~e signed by 1036 people, and are acknow-
<br />ledged before Notaries Public. The petitions mrs in the form as set forth in the Act of the
<br />General Assembly. The requisite r~mber cf signers were
<br /> Owing to the fact that the Council ~tly received a qualified bid on the two franchised
<br />ordinances which the Council proposed, which can not be accepted without making a substantial
<br />change in ~he frauohise, it is apparent to me that these two ordinances will become a n~llity
<br />in themselves and there will be no necessity for submitting them to m vote of the people.
<br /> As~to the third ordinance which the petitioners propose to initiate, a great deal may
<br />be said. In the first place, the question arises as to whether or not it is a frmnohise, and
<br />in the second place,~as to whether or not it can become operative if passed. The Hustings
<br />Court of Richmond, and I understand, the Oorporation Commission, have decided that jitneys
<br />running in prescribed routes are not required to obtain franchises. The ordinance provides
<br />for permits and other things to be issued by m Transportation Supervisor, and m~kes no pro~
<br />vision for the appointment of such ~n officer, while the Council is precluded from making any
<br />changes or amendments to the ordinance.
<br />
<br /> I wou~l suggest that the Council before passing on these petitions would either ~old
<br /> speciml meeting or consider them ms a committee where I can better explain the m~tter and the
<br /> course of motion can be determined.
<br /> Respectfully submitted,
<br />
<br />R. C. Barclay, City Attorney."
<br />
<br /> On motion of Er. ~fhite, the communication was referred to a special meeting of the Coun-
<br />cil, to be called by the Chair.
<br />
<br /> The regular reports of the City Treasurer, City Collector, and City Clerk & Auditor for
<br />the month of May, 1923, were presented and were referred to the~Finance Committee.
<br />
<br /> NEY~ BUSI!~SS~
<br />
<br /> A request of the City Cl~rk & Auditor for a ten days ie~ve of absmnce,on motion of ~.
<br />was g~anted.
<br />
<br /> A co~i~ation was remd from the City Clerk & Au~tor attachi~ bills contracted by the
<br />Portsmouth W~ History Co~ission to ~t of $t36.95, for which there is ~ appropriation
<br />to
<br /> On motion, the co~cation wms ~ef~red to the Fiance Con, nitres.
<br />
<br /> A petition of J. A. B~Ittl~ham mud others ~t that portion of No,th street, P~k View,
<br />begi~i~ mt ~tton street and ~nning t~gh to Cooke St., be pmvedZ was referred to the
<br />City~ger.
<br />
<br /> A c~nicmtion from J. A. ~th=le concerning the cost'of mmki~ c~el in Scott's
<br />0reek for the purpose of m ~Small Boat H~b~~ for Norfolk mud Portsmourh, wms referred ~o the
<br />
<br /> A co~unication from the Yellow Cab Company of Norfolk, Va,, Inc., concerning operating
<br />its busses ~ou~ Portsmouth, was ~eferred to the City
<br />
<br /> The followir~ r~solution was read f~om the EighZh Ward Civic Learns, s~me h~ng been
<br />u~mously adopted J~e 5th, 1~23:
<br />
<br /> ~l~erems, The Supreme Co~t in the ~nexation proceedings d~c=~ed that the work of con-
<br />struotion~d inst~ling the sewer,s syszem in the eighth and ~nth w~rds ~h~!d not
<br />the completion of the sewerage syst~ in the sixth and seventh w~ds. Resolvedthmt the Cimy
<br />be requested ~ot to print or issue the eighth wmrds bo~s until such time as it will be con-
<br />venient for the Hono~mble City council mud City ~ge~ ~o grant representatives of this
<br />
<br /> On me,ion of ~. ~ith, the p~ivile~e of the floo~ w~s ~ted to members of the Eighth
<br />Vf~d Civic League a~ oZher~ interested.
<br /> (I~. Brooks excused from f~thsr atten~nce)
<br />
<br />
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