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~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 /> <br />