Minutes 05/25/1917 - Laserfiche WebLink

Home Browse Search

R. O. P. At a special meeting of the City Council May 25th there were present: Messrs~T. A. Bunting, E. P..Claud, Oscie ~ashiell,- J. T. Hanvey, C. H. Herbert, Jno. A. Morris, 6. The following directions were read for the ~speci~l meetino. "Port smouth, "Mr. L. P. Slater, Va., May 24, 1917. "Dear "City Clerk, City. Sir:l-- "You wi.ll~-please call a special meeting of the City Council for Friday, May 25th, mt 7:30 P. M., to consider Treasurer and City Collector. the advisabilit~ of consolidating the offices of the City "Very truly, The ~call, having been read, the following opinion w~e read from the City Attorney to the Mayor: "Portsmouth, Va., May 23, 1917. "Hon. J. T. Hanvey, "Mayor of ~he City of Portsmouth. "Dear Sir:-- "Replying to your communication oB the lSth inst. calling for my opinion on certain questions therein set out, I beg to state the questions and ~nswsrs thereto as fol- lo~s: irst Whether or no~ it is permissible under tae present ~tate law, C~ty Charter, or Cmty Manager form of government, to consolidate t~e ofzices of Cmty Colic.tot and C~ty Treas- urer~ ~ - ' ! "Answer. Under the Czty· M~nager Form of Gover~ent this cmn be done by abolishing the office of City Collector and requiring the City Treasurer to perform the duties now ~equired cZ the Cimy Collector. The office of City Treasurer is a constitutional office, aud section Il?, which was amended so as to authorize a change i~ the form of City Government, provides as follows: Thus you can not abolish tha office of City Treasure~. "Seco~k~. Whether or not it is permissible unde~ the City Mauagsr Form om Government to provide one financial officer for the C~ty who would handle all the City'sfunds independent of the State offices?~ "Answer. This can not be done, as the City Treasurer is required to receive s~ud disburse certain funds, among which are the School~funds deri~ed from the State. "Third. Whether it is permissible under the ex~sting law to consolidate the offices of High Constable ~ud City Sergeant, (Sheriff)? "Answer. I think the Council has the right to ~bolish the office of High Constable and r~quire the City Sergsant to pe~orm the duties of that office; yet I doubt if the same effi- ciency of service would be.obtained, as each of those officers now have ample work to perform. . "Fourth. Is'it mandatory on the' part Of the City Government to accept the assessments of both Personal Property and Real Estate for the purpose of collecting city taxes as m~e by the Commissioner of the Revenue? "Answer. Ye~. Section 128 of the Constitution of Virginia provides: 'In cities and ~owns the assessment of real estate and personal property for the purpose of municipal taxa- tion shall be the same as the assessment thereof fo~ the purpose of State taxation, whenever there shall be a state assessment of such property.~ "'The municipal assessment of property in cities and towns must not deviate from the sessment for state taxes therein.' West vs the City of Newport News 104 Va. 21.'~ "Respectfully submitted,~ "Jno. W. Happer, City Attorney., Thereupon, the matter of merging the offices of City Treasurer and City Collector and City Sergeant ~nd High Constable wms discussed. Mr. Morris moved to defer action on same to ~ future meeting of the body. Mr. Herbert moved to amend, that the Council go ~on record tonight as opposed to the merger of the o~fices of City Treasurer and City Col~ectbr. The amendment was lost by ~ vote of 4 to 2, a~d then the motion by Mr. Morris adopted. of On motion, the City Clerk was instructed to f~rnish each member o~ the Council with copy of the above opinion of~the City Attorney~