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~y 2, 1~22
<br />
<br />main
<br />
<br />11 o~clook having ~,rrived, Mr.
<br />in session for twenty minutes.
<br />
<br />Esteeok moved that the russ be suspended and Council
<br />The mbtion was lost, lacking unanimous consent.
<br />
<br /> N~. Esleeck moved that the rules be suspended ~ud Council stay in session for fi~e minutes.
<br />Mr. 0asr moved to amend, that the Paving Pro~Tsm, as s~mended, be laid on the table and
<br />made a special order of business at the ne~t regular meeting of Council and ~hat the Clerk
<br />furnish each member w~th .oples,and the City Attorney be requested ~o gz~e his opinion as to
<br />the legality of financing the. Eighth and Ninth Wards part of the Program.~
<br /> Mr. 0ast's motion was adopted~ '
<br />
<br />Then the Chair deciar~d the meeting a~ourned.
<br />
<br />At a regular meeting of the City ~Oounoil May ~th there were present:
<br />
<br />Messrs-- Vernon Brooks, R. B. Esleeck, R.A. Hutchins, Jr.,
<br /> J. Alden Oast, J. C. Smith, R.E.B. Stewart,
<br /> L. G. White, 7.
<br /> Also the City Manager,
<br />
<br /> The minutes oft he regular meeting April 25th, special meeting April 29th, and adjourned
<br />spegial meeting May 2nd wer~ remdand were 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 />
<br /> "Portsmouth, Va., May ~, 1~22~
<br />
<br />Va.
<br />
<br /> The-question ha~been presented to me whether the City can at this time
<br />spend money in the Eighth and Ninth Wards on permanent improvements and ~efund the~ssme out
<br />of the bond issue to be made for those Wards.
<br />
<br /> Under the terms and conditions set forth in the Order of
<br />graph A provides that the tax rate in those Wards~shall not be increased unti~
<br />after the declaration of peac~, and until the Cit~ shall have issued and sold the
<br />red to in paragraph D~ Paragraph D provides tha~ immediately after the ne~'t-'g~ner ~ess-
<br />ment of real estate, (which wasin 1920), the Ci~y shall issue bonds which ~e same
<br />proportion,to the then outstanding bonds of the City and expend the pzc~,~eeds
<br />whoIly within the annexed territory, and within.the respective words, upon,street ,
<br />lights, water, Sad other ~mpro~ements of a permanent nature; provided, however, that no' bonds
<br />shmll be issued, sold. ~= the proceeds thereof spent for the purposes aforesaid un$1! afSer
<br />the exptra~ion of a pe=~d of twenty~onths from the proclamation of peace. It a/~0'pro~ides
<br />that upon the issuance ~d saleof said bonds the tax rate upon real estate in thos~ wards
<br />shall bethe same as other p~rts of the City, and until said bonds have been !ssue~,~dlsposed
<br />of, and set aside for improvement~ the assessed value of property in the wards shalL not. be
<br />taken into consideration in the issuance of bonds by the City.
<br />
<br /> Section 2959 of the Code of Virginia provides that the
<br />territo.x-y shall not be increased for five years afterannexation ex,e!
<br />majority of the freeholders of the ward and alt revenues derived, f:
<br />ed in the ward; provided, however, that the city at any time wi..~hin or-
<br />dinance se~ mpamt a sum equal to~ twelve per oentum of the
<br />ation, of the land annexed, which sum isbell be wholly ~ 'itory
<br />p~oLempnts,..a~d when_sg, se~ apart, and the improvements have been begunthe te~rrltory annexe=
<br />snaAA oe sub~ec$ to ~uAA city t%x r~e and the proceeds paidinto t~e city t~easurY,, I~also
<br />provides that the sum so set a~.~t and ~expended shall be reduced by the amoumltalrsa~F ~xpende~
<br />on said impzvements under any other pl~n of amnexatio~ ~t also provides that out!o£ the s~le
<br />of_the ~e~$ i~su~ of bon~s after ~xat~on a. su~. eq~m! to twelve per cent
<br />v&mue om ~ne Aan~aanexe~, reduces oy ~the sums alre&_~e~ expended or inde ~te,
<br />~e set ap~t and expended in the terri!tory, unless ~id sum has already been expended,
<br /> You~will note that this statute makes prowision for sums
<br />the bond issue and the Supreme CouSt ~ A
<br /> cT ~peals i~ the case of Warwick
<br />120 Va. 1~ held that the annexati$n ordinance, ~e court's order, and thl~ ~tatut
<br />read ~ogether.
<br />
<br /> __ However the ~r~r. of annexation explicitly staies that ~o bonds pro~ide~
<br />annexamxon, orc~nance snaAl b~ issued~ sold,o~the proceeds spent until $~e~ty ~'
<br /> Proclamation o~ peace. Under this order I do not believ~-that~th~' City could
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