|
11 otolock having a~rived, Mr. Esleeck moved that the ru~s be suspended and Council re-
<br />main in session fox twenty minutes. The mbtion was lost, lacking unanimous consent.
<br />
<br /> M~r. Esteeck moved that the rules be suspended ~nd Council stmy in session for fi~e minutes.
<br />Mr. Oast moved to amend, ~hmt the Paving Program, as amended, be laid on tae table and
<br />made ~ special order of business at the next regular meeting of Council and That the Clerk
<br />furnish each member with copies,and the City Attorney be requested to give his opinion as to
<br />the legati~y of financing the Eighth and Ninth Wards part of the Program.
<br /> Mr. 0net's motion was mdopted~
<br />
<br />Then the Chair decimr~d the meeting a~journed.
<br />
<br />At a regular meeting of the City .Council May 9th there were present:
<br />
<br />Messrs-, Vernon Brooks, R. B. Esleeck, R.A. Hutchins,
<br /> J. Alden Oast, J. C~ Smith, R.E.B. Stewart,
<br /> L. G. White,
<br /> Also the City Manager.
<br />
<br /> The minutes of the regula~ meeting April ~Sth, special meeting April 29th, and adjourned
<br />spegial meeting May 2nd were read and we=e approved.
<br />
<br /> The Amended Paving Program, which had been made the special order of business for this
<br />meeting, was taken up.
<br />
<br />In this connection,
<br />
<br />#Hon. City Council,
<br /> Portsmouth,
<br />
<br />"Gentlemen:--
<br />
<br />the following opinion was read from the City Attorney:
<br /> "Portsmouth, Va., May ~, 1~22~
<br />
<br /> The question has~been presented to me whethe~ the City can at this t~me
<br />spend money in the Eighth and Ninth Wards on permanent improvements and refund the.ssme~dut
<br />of the bond issue to be made for those Wards.
<br />
<br /> Under the terms and conditions set forth in the O~der of Annexation, pa=a-
<br />graph A provides that the tax rate in those Wards shall not be increased untl~l ~wenty months
<br />after the declaration of peace, and until the City shall haVe issued and sold th~ bo~ds'~efer-
<br />red to in paragraph Dt Paragraph D proyides that immediately after the ne~'~n, ss-
<br />merit of real estate, ~which was in 1~20), the City shall issue bonds which same
<br />proportion.to the then outstanding bonds of the-City and exp
<br />wholly within the annexed territory, and within.the respective wards, upon~s~
<br />lights, water, and other improvements of a permanent nature; provided,
<br />shall be issued, sold..o~_'the proceeds thereof spen~ for the pu~poses afore ~r
<br />the expirationof a per~d~-of twenty months from the proclamation of peace.
<br />that upon the issuance aid sale of said bonds the tax rate upOnreal
<br />shall be the same as other parts o£ the City, and 'until said bonds have been d,.disDosed
<br />of, and set aside for improvements~ the assessed value of property in the war~ ~not be
<br />taken into consideration in the issuance of bonds by the City.
<br />
<br /> Section 2~5~ of the Code of Vi~giniaprovides
<br />territory shall not be increased for five years after annexation
<br />majority of th~ freeholders of the ward and all 2evenues derived, from the
<br />ed in the wa~d, p~ovided, however, that the city at any time
<br />dinance ~eZ apart a sum equal to. twelve per centum of -the
<br />ation, of the landannexed, which sum sh~ll he wholly
<br />provements~ aSd when so set apart, and the improvements have. beenb~gun She t~=~!$ory a~nex~d
<br />Shall be s~bJect to ful~ city tax r~te and t~e proceeds paid inta tHe'clty'~easm~y..It/also
<br />provides that the sum so Set s~o~t and expended shallbe red,ced by the a~ou~.t.alr~adYexpemded
<br />on said impzvements u~derany other plan. of annexation. It also provides that outo~ the sale
<br />of.the 4e~$ i~su~ of bon~s after ~anD~xation a. su~. eq~_al $o twelve pe~ cent o~the assessed
<br />va£ue ox ~ne &a~ annexe~, reaucea OF the sums already expended or indehtedn~ssassmmed, lshall
<br />Oe set ap~t and expended in the territory, unless ~id sum has already been ~xpende&
<br />
<br />t' . . Yon'will note that this statute makes prowision for sums
<br /> ae oond issue ann the' SUpreme Cou~t ~ Appeals in the ~ase Of WarWick ¢ un
<br />120 Va. 1~7 held that the annexation ordinance, ~e court's order, and this
<br />read together. ·
<br />
<br />
<br />
|