Minutes 01/11/1921 - Laserfiche WebLink

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R. C. P. 207 January 11, 1921 Second- That No. ~ engine house be sold at public auction. Third- That No. 2 engine house be remodeled so as to provide two stores on the first floor and sixteen offices-each on the second and third floors. This remodeling will cost $$0,OO0 and will provide two excellent stores andmuch needed additional office space, which private capital is not inclined to provide at present. Appmrently the City would get a net income of about $6000 from this~ enterprise. If a satisfactory price can not be obtained for No. 1 engine house, it could be retained for the fire alarm station. If as much as $8000 is bid Mr it, it would be well to accept it as tk~s would ,be considerably more than the necessary~ddition to provide sp~ce for the fire alarm and telephone station in the proposed building on Washington Street would cost. It may be remarked that to budy a lot and to erect a building especially for the fire alarm and tele- phone station would cost at least $15,000, whereas provision for these two items in the propos- ed station on Washington street, would not cost more than $2,500. It is believed that it will be more profitable for the City to reSain No. ~ engine house than to sell it. In addition there might be some question as to the right of the City to sell the property. In 'case it is deemed inadvisable to provide an extension to the Munioipml Build- ing at'present, No. ~ engine house will give much needed space on the second and third floors for Municipal offices, while the first floor might~ be rented either as a moving picture the- atre or as stores as already proposed. Combining engine houses ~ and [ and moving to Washington St. will enable us for the pre- sen~ to get on and man engine house No. ~ without increasing the fire force beyond the strength proposed in the current budget. It will also place the fir~ engine house in a more central location ~d in the direction of'the growth of the City. If it is not desired mt present to specifically authorize the conversion of No. 2 engine hbuse into stores and offices, t would suggest that the Council now authorize simply the pur- chase o£ the lot on Washington St. and the erection of a station ~h~reon at an estimated cost of $37~500.; the 'sale of No. ~ house for not less than $8,000 while details ms to No. [ house are to be left until the question of the proposed extension to the Municipal Building is ~efi- nitely settled." On motion, the matter was referred to the Finance Committee, each member of the Council tO be furnished with a copy of said reoommencb~tions. llth. Forwards-recommencb~tion of the City Attorney that the ordinances of the City be codified at a cost of $300.00. On motion, the recommendation was referred to the Finance Committee. 12th. Transmitted an opinion of the City Attorney relative to the right of the City of PortSmouth to oompet installation cT the automatic telephone system. The City Manager stated in his communicatio~ that he "cOncurs fully in the opinion of the Attorney that there is no question but that the automatic is an improvement and is a device; that it is more efficient than the manual operated system, and that action for specific per- formance under the contract may be maintained. "As stated by the ~ttorney, the Court can not compel the Corporation to do what is impos- sible. If, theffefore, the Telephone Company can show to the satisfaction of the Court that the installation of the automatic system is absolutely impossible, the City would lose its case. ~Fhe question of the time within which the Company should be required to install the tommtiC system is a collateral one which should receive study by the committee charged with the work." The following is the opinion from the City Attorney: "Portsmouth, Va., January 6th, 1921. "General J. P. Jervey, City Manager, Portsmouth, Virginia. "Dear Si~:- telephone merger" ~ ~ oy ~ne ~l~y ~ouno~& on august ts h 'ordinance to "The question has arisen as to the right of the City of Portsmouth, under Clause ll of said ordinance, to compel the Telephone Company to install the automatic system in Portsmouth. "The contract is one which the City had the right to make, it has been accepted by the Telephone Company, is founded upon a good and valuable consideration, it is clear and definite in its terms, and is, therefore, binding upon both p~rties. There ~re but two' mooted questions involved, first, whether the automatic phone may be called an 'improvement' or 'device,e and 'second, whether an action of specific performs~uce c~n be maintained. "1. IS THE AUTOMATIC PHONE AN 'IMPROVEk~ENT' OR 'DEVICE2" "Improvement' is defined as 'development' or 'betterment,' and ~devioe' as 'contrivance' or- 'invention.~ Considering the term 'improvemsnt~ alone, is the automatic phone a development or betterment off the manual phone2 "As both systems have been tried out in the City of Norfolk, it is believed that a review of the situation there will throw much light upon this question. Norfolk did not request the automatic phone. She demanded an improved service and the Telephone Company answwred with ~. the automatic phone. So fa~ ms can be discovered, the first notice that Norfolk had as to the mutomatic was in a spec-oh delivered by Manager Bonney before the Norfolk Kiwanis Club on TUesday~l July Sth, 191~. ~n this address M~. Bonney announced the Coming of the automatic phone, pre- dieted the ~reat ~m~rovement in service that ~t wo?~8 a~o~. ~.~H~l~.v~ ~. ~ ~* ~b~ ~-