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Febr-o~ry 27, 1923
<br />
<br />UNFINISHED BUSINESS
<br />
<br /> The following ordinance, which was placed on its first reading by Council February 13th,
<br />was taken up, and on motion of Mr. Esleeok, adopted; and by the following vote:
<br />
<br />AN ORDINANCE C~NGING THE NANE OF CATTENHEAD TO NORTHWEST STREET.
<br />
<br /> Ayes-- Brooks, Esleeck, Hutchins, Smith, Stewart, White, 6.
<br />The following opinion was read from the City Attorney:
<br />
<br />"Hon. City 0ounoil,
<br />
<br />"Portsmouth, Va., Feby~. 27, 1923.
<br />
<br />Portsmouth, Va.
<br />
<br />Gentlemen:--
<br />
<br /> In reference to the contract with L% S. Pennington for the placing of trash
<br /> cans on the streets of the City, I have examined the contract submitted and find it in prope~
<br /> form.
<br /> As to the liability of the City for damages i do not believe the trash
<br />can sitting on the street is in itself dangerous and liable to cause injury, yet it is possible
<br />for the cans to be used in a careless manner from which injuries might result, for instance
<br />-a can might be turned over in the drive-way at a dark spot and some one mi Eht run into it.
<br /> A bond could be required of the owner of the cans to protect the City from damages. However,
<br /> with a sufficiently heavy can and properly placed, the probability of injury is very remote.
<br /> If the bond is not required a clause in the contract permitting the city to cancel it after
<br /> reasonable notice might be advisable.
<br />
<br />Resp ec tf-o_liy submit ~ed,
<br />
<br /> R. C. BARCLAY, City Attorney."
<br />
<br /> On motion of Mr. SmteWart, the contract was referred back to the City Manager to secure
<br />bids for the placing of ~aid trash cans.
<br />
<br /> The following Order of Cou~t was read:
<br />
<br />"VIRGINIA:
<br />
<br />IN THE COb~T OF ,HUSTINGS FOR THE CITY OF PORTSMOUTH, on the 26th d~y of February, 1923.
<br />On petition for an Election for the issuance of Market Bonds.
<br />
<br /> This day came E. A. Hitch, P. C. Hutohins, and A. J. Talbot, three of the Commissioners
<br /> of Election, appointed by the Electoral Board of the City of Portsmouth, Virginia, to canvas
<br /> the ballots and election returns of the election held in the City of Portsmouth, Virginia~ on
<br />~the 20th d~y of February, 19£3, pursuant to an order of this Court entered on the 25th day of
<br /> January, 1923, for determining the question whether $200,000.00 of bonds shall be issued in
<br /> conformity with an ordinance of the City of Portsmouth, adopted by the Council of said City
<br /> January ~th, 1923, the object for the issuance of said bonds bein~ to purchase, build, con-
<br /> struct, ~ud improve a~new market, ~nd presented to the Court their certificate of the qumlified
<br /> voters cast ~t said eleetlonas follows:
<br />
<br />For ~hmd issue were cast e!ev~n hundred and ninet~-sight votes.
<br />
<br />Against bond issue were cast seven hundred s~ud sixty-one votes.
<br />
<br /> On consideration whereof, it is ordered that the said certificate of election returns
<br />be filed in the: Clerk's Office o£ this Court, and that it is here entered of records as the
<br />result of said election that a majority of said qualified votes were cast "For Bond Issue,"
<br />and it is fu~the= ordered that the Clerk of this Court do forthwith certify a copy of this
<br />order to the Council of the City of Portsmouth, who shall be thereupon fully authorized and
<br />empowered to prepare, sell, a~d negotiate with said bonds upon the faith, credit, and p=oper~y
<br />c~ said municipality in the amount aa authorized.
<br />
<br />A Copy:
<br />
<br />es%e. E. Thompson, Clerk."
<br />
<br /> ~4r. Brooks moved thmt the Order be placed on record, and that a ~ecial meeting be
<br />called by the President to ~souss the site and b~lding for the market, and that the public
<br />be invited to attend this meeting.
<br /> The Chair ruled Mr. BrooksJ~otion out of order.
<br /> Then Mr.Esleeck moved that the Order be r$~ved and placed on record, and that the City
<br />Attorney be instructed to dr~w an ordnance for the~Dnds to comply with said order.
<br /> The motion was ad~oted,
<br />
<br /> Mr. White presented the following ordinance, which, on motion~of ~. Esleeck, was
<br />placed on its first reading:
<br />
<br /> An Ordinance Authorizing the ..egulatmng and Construction of Tanks
<br />for the Storage of Gasoline, Kerosene, Oils and Other Volatile and Inflammable Liquids Within
<br />the City Limits of the ~mty of Portsmouth.
<br />
<br />
<br />
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