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R. C. P.
<br />
<br />May 10, i~Zl
<br />
<br />amendment by Mr. White was adopted by the following vote:
<br />
<br /> Ayes-- Esleeck, Smith, Hutchins, Oast, White,
<br /> Nays-- Brboks~ ~11,
<br />
<br />The followimg
<br />
<br /> communic~tions~were read from the City Manager:
<br /> let.
<br />of R. D. Guy as Sanitary Inspector, effective April 28th,
<br />well to suco~e~ Mr. Guy effective May 6th, 1921.
<br /> On motion, the notice was Ordered to be filed°
<br />
<br /> Notice' o~ resignation
<br />and the appointment of L. M. Brock-
<br />
<br /> End. Enclosing an opinion from the City Attorney relative to Federal jurisdiction of
<br />anchorage and movement of vessels in the harbors of Norfolk and Newport News, in'which is ex-
<br />pressed the view that the City can .not comply with the Virginia law and make appropriation
<br />for such work by local officials, but that the City isbound by the notice of the Secretary of
<br />War. In view of ~he foregoing, the City Manager stated that he could see no other alternative
<br />than to cease expenditures from otur appropriation for Board of Harbor Commissioners and to
<br />make no appropriation for th~s purpose in the future.
<br />
<br />The following is the opinion from the City Attorney:
<br />
<br />"General J. P. Jervey,
<br /> City Manager,
<br /> Portsmouth, Va.
<br />
<br />"April 25, 1921.
<br />
<br />"Dear Si~:-
<br /> Relative to harbor commission.
<br />
<br /> "I have read carefully sections 1151-1155 of the U. S. revised statutes dealing with
<br />rivers and harbors, to gether with ~he River and Harbor Act of August 8, 191y. There can be
<br />no doubt that the Secretary of War is given full authority to prescribe such regulations as
<br />he may deem best for the use and navigation~of any of the navigable w~ters of the United Sta~es.
<br />
<br /> "The Hon. John W. Weeks, Secretary of War, has written the Mayor of Portsmouth, notifying
<br />him that the Eederal Government has assumed exclusive jurisdiction over anchorage and movement
<br />of vessels in the harbors of Norfolk ~nd Newpor~ News. Therefore, it seems clear to me that
<br />the City can not comply with the Virginia law, mnd make appropriation for auoh work by local
<br />officials, ~ut that theUity is bound by the notice of the Secretary of War.
<br />
<br />"Yours very truly,
<br />
<br /> Whereupon,
<br />appropriations to
<br />City Attorney.
<br />
<br /> "Geo. Bosman, City Attorney."
<br />
<br />on motion of Mr. Brocks, the Auditor was instructed not to pay any further
<br />the Board of Harbor Commissioners, in accordance with the opinion from the
<br />
<br /> 3rd. Statement that he has had a valuation placed by the Portsmouth Real Estate Exchange
<br />on the land necessary ~or the opening of Cooke street, between Columbia street and South St~
<br />Road, valuation being $5,000.00; and requesting that he be authorizec to formally make an offer
<br />of $5000.00 'to Miss Cooke for this Iand and if this offer ~e refused, that he be authorized mo
<br />institute the necessary proceedings ~o condemn the land for street p~rposes.
<br /> On motion, the matter,was referred ~o the Finance Committee.
<br />
<br /> %th. Forwarding bill of Dr. Vernon Brooks to amoun~ of $15.OO, for professiona~l services
<br />rendere~ C. W. Robertson, engineer at the Pumping Station.
<br /> un motion, the bill was referred to the Finance Committee.
<br />
<br /> 5th. Requesting that an appropriation of $1,000. be made for repairs to the~Offioe of
<br />the City Collector, and in case it is deemed inexpedient by the Council to make this appropri-
<br />mtion, that he be authorized to use the $1~000. for this purpose which has been appropriated
<br />for the improvement of the Public Square.
<br /> On motion, the request was referred to the Finance Committe~.
<br />
<br /> 6th. Stating that "at a~recent session of the Council, I was authorized to pay half ~e
<br />beet of the Real Estate necessary to get the right-of-way for the street Sxtending from ~he
<br />North end of Dale street to Craford Place, it being esti~ated ~ that time that the trmot of
<br />land transferred would be 60' ~ide and 210' long. It now appears that the~.,width of the street
<br />should have been approximately 50' instead of 60'. This results from the fact that the por-
<br />tion of Washington Street extended on road laid off in Craford Place is 50' wi~e, and that
<br />if the new street ~sre made 60' wide, it would cause an awkward jog of 10' in the width of
<br />th~ street between Craford Place and Dale street. I, therefore, recommend that the Council
<br />by resolution authorize me to accept the s~reet approximately 50' wide and 210' long, as shown
<br />on the attached ma~o o~ payment by the City of the sum of $~50.00. It is very desirable that
<br />this matter be closed up p~omptly, and ! therefore, ask that the Council take motion at its
<br />meeting on May loth.~
<br />
<br /> Then Mr. Esleeok moved that this matter be referred back to the City Manager for re-
<br />co~s~de~mt~n, as this proposition only takes 5/6 of the land that wms authorized to be pur-
<br />chased for $Y50.00, and he feels that we should on~y pay 5/6~f the $750. for the property.
<br /> The motion was adopted, Mr.'Hall voting No.
<br />
<br /> ?th. City Manager enclosing petition of the Va. Ry. & Power Co. to raise its fare to
<br />seven cents. ~he Manager recommends that'"it be referred to the City Attorney for the prepa-
<br />ration of the ~ecessary ordinance conditioned on the Company's constructing temporary loops
<br />in Park View and at the Navy Yard for improving the trackage situation, and placing in service
<br />twelve n~w one man ears.
<br />
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