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R. C. P.
<br />
<br />Nay 90, 1919
<br />
<br /> (V~ith City Attorney and City ~nager ) A commmu~icatien from Susan F. Rollins, reque~tinE
<br />permission for tenant'~ to be allowed to pass over the lot owned by the City at the corner of
<br />theC°U~tnorthwest & [~ythe cornerStreets'ofc~casi°nedSaid streets.bY proposed.~ building, of a store and three-apartment house at
<br /> It .is recomme~ed that said' permm~sion be granted ~s. Rollins, in accordance with
<br />the following opinion f~om the Cit~- Attorney:
<br /> "Portsmouth, Va., ~ay 20, 1919.
<br /> "Department of Public Servlce,
<br />
<br />City Council, POrtsmouth, Va.
<br />
<br /> "Gent'lemen:--
<br /> Referring to the matter of t~e ~se by ~s. Rollins, of the City's lot of
<br />land at the northwest intersection of Wythe and Courts streets, which use, as I'unde~stand; is
<br />for the~_.~lngress-and egress of her tenants, to and from, a building which'she proposes to con-
<br />struct On t~ west side of Coumt street, contiguous to said lot; t beg to say:--
<br />
<br /> "That this. lot was acquired by the City~nder condemnation proceeding~s instituted in_the
<br />early part of 1896; the City paid for the lot, 40 by 58 feet, under agreement the sum of $6~0.00.
<br />The order of Court entered confirming the pumcD~se was that the City ehoutdmpay .the sum of $600~
<br />and 'upon ~uch payment th~ title to the said land for which such compensation is allowed shall
<br />be absolutely vested in the said City o~ Portsmouth.'
<br />
<br /> "In Virginia, according to our decisions, no City has the title to the streets, the title
<br />is in the abutting owner, subject to t~e easement of the p~lic; but the lot in question is not
<br />a street, nor is it a part of a street, and the fee of the same is in the City, as shown by the
<br />order of the Court above.
<br />
<br /> "Hence, i~tSmyopinion, the City can not sell, lease, or otherwise dispose of said lot
<br />without fully complying with our Charter.
<br />
<br /> "This does not me~n, however, that the City may not 'allow passag~ over'the lot; but such
<br />passage, in my judgment, should be limited to pedestrians and not allowed to vehicles; and such
<br />privilege if extended should be subject to the control of the City; and revocable at the pleas-
<br />ute of the City.
<br /> "Respectfully,
<br />
<br />(Signed)
<br />
<br />Jno. W. Happer, City Attorney."
<br />W. H. Culpepper, Chairman~
<br />
<br /> On motion, tl~ Pep0rt Of the Department was adopted by the following vote, the recomm~end-
<br />ed appro_~r~ia~ions being referred to the Finance Depart~nt:
<br />
<br />Ayes-- Claud, Culpepper, Deans, Hanvey, Herbert, Wright, 6.
<br />
<br /> Public Property--
<br /> "Pursuant to instructions from your honorable body, you~P~bllc Property
<br />Depsmtment has advertised for ten da~,s in the PortsmOuth Sta~ and Virginian-Pilot the sale of
<br />the property known as the 'Jail Lot, and offered the same at o~lic auction on the 8th day of
<br />May,~ 1919~ And-Mr. Abe Levitin being the highest and best bidder, the propertywas sold to him
<br />for $V~,400.00, subject to co~.fi~mation hy the City CoUncil.~
<br /> The~ Con~uittee being divided, we are subm/tti~ this report to the Co~cil without recom-
<br />mer~a~ion."
<br />
<br />Referred Nay 13th
<br />
<br /> (With Finance Department) A petition of the School Board for a special emergency appropri-
<br />ation of ~500. to purchase the two lots and house thereon to the rear of the Jefferson St.
<br />School.
<br /> ·his p~oDertymay be purchased at the above figure now and if possible for the Finance
<br />Committee,to~kke available this sum, it is recommended that it be allowed.
<br />
<br />(Signed) E.H. Wright, Chairman.
<br />
<br /> The report having been read, ~. Herbert ~oved that the sale of the lot to Abe .Levitin
<br />be confirmed, but the motion was lost the following vote: ' '
<br /> Ayes-- C~hlP~!~t~e~, Hand,y;: H~be~t,
<br /> Hays-- Claud, Desu~s, Wright,
<br />
<br /> No act_on was necessary on the 'recommended ~/opropriation of $~0o. for- the two l~ts ahd
<br />house to the rea~ of the Jefferson St. School, as the appropri~tmon is ~re~Omme~ded~by Finance
<br />De,ar%merit.
<br />
<br />Public Safety--
<br /> No report.
<br />
<br />Public Welfare--
<br /> No report.
<br />
<br />Finance--
<br />
<br />Referred M~y i~th
<br />
<br /> Recommendation of the City Monomer that a special aopr0priation of $87. be allowed to ~ay
<br />bill of ~m. A. Fiske for copying ~he annexation proeeedSr~qs.
<br /> It is recormmended that a special appropriatto~ to said amount be allowed.
<br />
<br />Repor$s of Officers for the month of April, 1919.
<br />
<br />
<br />
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