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R. C. P,
<br />
<br />April lO, 1917
<br />
<br />to include the use ~nd shooting of air rifl.es~ etc. I am. in receipt of several complaints re-
<br />gs~vding the use of such .guns in a thoughtless and careless m~nner by small boys.
<br />
<br /> "I would request the enactment of an ordinance requiring that all ice wagons be equipped
<br />with scales, and that the weight of a piece of ice be ascertained at ~he time of delivery, so
<br />that the proper amount is delivered. I am in receipt of numerous requests from citizens urging
<br />that ~his step be taken, especially so in view of the fact that the price of ice has been re-
<br />cently raised.
<br />
<br /> "Re.spectfully submitted,
<br />
<br />"Tyrrell B; Shertzer, City Manager.
<br />
<br /> The report havinE been read, on motion, the City Attorney was instructed to look s~fter
<br />the City's interest in the suit pending against the Oity-in connection with the drainage from
<br />the ice plants, and the matter of the City becoming a party to the condemnation proceedings
<br />about to be begun by the City of Norfolk in connection with the Water shed now supplying this
<br />City w~s referred to the CitY Attorney for advice.
<br />
<br /> Then the other recommendations were referred to the appropriate departments for eonside-
<br />
<br /> At this point, Mr. Norris moved that.the City Manager be authorized to mmploy an Assistant
<br />Sanitary Inspector at $60. per month.
<br /> Mr. Dashiell moved to amend, that the man so employed fill the positions ofA~t.~$~.~.In-
<br />specter and Assistant Sanitary Inspector.
<br /> Mr. He=bert suggested that an ordinance should be framed to cover the matter.
<br /> Then Mr. Claud moved to amend, that the matter be referred to the Department of Law.
<br /> When Mr. Morris withdrew his motion, and ~he amendment by Mr. Claud was adopted.
<br />
<br /> Mr. Herbert moved tha~ the Law Department proceed with the Segregation Ordinance as soon
<br />as possible and obtain a census for same. The motion was adopted.
<br /> Mr. Claud moved that said Department bring in an ordinance to cover all questions .in-
<br />volved. The motion was adopted;
<br />
<br />UNFINISHED BUSINESS
<br />
<br /> The regular reports of Officers for the month of March, 1917, were presented, and were or-
<br />dered to take the usual course.
<br />
<br /> The following opinion was read from the City Attorney, and same was ordered to file and
<br />the Clerk instructed to furnish eaQh councilman with a copy:
<br />
<br />"Rortsmouth, Virginia, April 10, 191Y.
<br />
<br />"To the F~n. City Council,
<br />
<br /> "Portsmouth, Virginia.
<br /> "Gentlemen:--
<br /> - ~Replying t? ~our request, transmitted to me through the City Clerk, that
<br />I '~ive written opinio~ as to the duti.s and powers of the Council and City M~nager, as set for ~th
<br />in the Acts of the General Assembly of 1915 and 1916,' and also 'to give written opinion as to
<br />whether the High Constable is elected by the Council or by the people,' I beg to say:
<br />
<br /> "Under Section 6-c City Manager plan, (Acts 1916, P. 677), all the legislative powers of
<br />the City~ however conferred or possessed by it, are vested in the Council. This, of course,
<br />gives to the Council the powezs~to pass any and all ordinances for the government of the City,
<br />authorized by its charter and the g~neral laws of the State, and not'inconsistent ~herewith. The
<br />Council shall elect one of its members to preside over its meetings, who shall be ex-officio
<br />mayor. He shall have the same powers and duties as other members of the Council, with a vote
<br />but no veto; and he shall be the official hes~l of the City, With the e~ception of those offi-
<br />cers required by the Constitution of the State to be elected by popular vote, the members of
<br />the Council shall be the only elective officials.
<br />
<br /> "Hence the members of the City Council, the Commonwealth's Attorney, the City Treasurer,
<br />the City Sergeant, the Commissioner of the Revenue, and ~he Clerk of the Courts, are the only
<br />elective officials.
<br />
<br /> "The ~dministrative~a~d executive powers of the City, inoludmno the power of ~Ppointment
<br />of officers s~ud employees, are vested in the City M~nager; hms dutmes are enumerated by the Act
<br />(See 6-0, p. 6??) as follows:
<br />
<br /> "'(1) The Cmty N~nager shall s e t~h~ w-itnin the City the laws, Ordinances resolutions,
<br />and by-laws of the Council are famthful~t~euted.
<br />
<br /> "' (2) Attend all meetings o~ the Council and recommend for adoption such measures as he
<br />may deem expedient.
<br />
<br /> "'(3) N~e reports to the Council from time to time upon the affairs of the City; keep
<br />the Council fully advised of the City's financial condition and its future financie~l needs.
<br />
<br />Prepare and submit to the Council a tentative budget for the next fiscal year.
<br />
<br /> "'(5) He shall perform such other duties as may be prescribed by the Council not in con-
<br />flict with the £oregoing, and shall be bonded as the'Council may deem necess~y.
<br />
<br /> "Such City Officials a~d employees as the Council shall determine are necessary for
<br />the proper mdminis~ration of the City sh~ll be appointed and may be removed by the City Mana-
<br />ger, except those in the fin~neiai, legal, and judiola~l departmentm and the clericml and other
<br />
<br />
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