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119
<br />
<br />R. C. P.
<br />
<br />Narch 27, 1917
<br />
<br />Referred February 27th
<br />
<br /> A petit~ion of W. E. Eon~oe to be refunded $i.80, paid in error for soil tax on No. 1820
<br />Queen street, yea~ 1~16, Sixth Ward.
<br /> It is recommended that said s~mo~nt be refunded Mr. Monroe, out of ~mxth War~ funds.
<br />
<br /> (Signed) C. H~ Herbert, Chairm~n.
<br />
<br />On motion, said report was adopted, ~nd by the following vote:
<br />
<br />Ayes--Bunting, Dashieil, Claud, I~nvey, Herbert, Norris, Morgan,
<br /> UNFINISHED BUSINESS.
<br />
<br /> The following opinion was re~d from the City Attorney with regard to the le~.mty of the
<br />Council mo abolish the Plumbing Board, mhd same was ordered to fils:
<br />
<br />"To the Hen. City Council,
<br />
<br />"Portsmouth, Va., March 27, 1917.
<br />
<br /> "Portsmouth, Va.
<br /> "Gentlemen:--
<br /> "In complismce With your request, which came to hand through the City Clerk,
<br />asking for my ~ritten-opinion 'as to the legality of the Council abolishing th~ Plumbing
<br />i beg to say:
<br />
<br /> "That in my opinion the Council is fully authorized ~nd empowered to abolish the Plu~bing
<br />Board ~nd per£orm the duties now performed by that Board.
<br />
<br /> "Although the Act of.the ~Gene~a~l Assembly of Virginia, Sec~ 17~ d (0ode 1904), requires
<br />such a~Board in cities having a population of more th~u 8,000 inhabitants, yet this act, it
<br />seems to me, is not mor~ comm~nding than many~other requirements made by our charter and general
<br />law.
<br />
<br /> "Under section 8 of the Act authorizing a change in the municipal form of government, ap-
<br />proved March 20, 1916, the Council is authorized to abolish ali bomrds or commissions, except
<br />the sinking fund board of commission. Hence, I t~ke it, that this later act authorizes the
<br />Council to abolish the Pltm~bing Board, but in all other respects the plumbing act remains in
<br />full force and effect.
<br /> "Respectfully submitted,
<br />
<br /> "Jno. W. Happer, City Attorney."
<br /> following opinion was read also from the City Attorney, ~nd s~e was ordered to be file~
<br /> The
<br />with the report recorded above from the City Me~u~ger, Cit~ Attorney, and City Engineer, on the
<br />matter:
<br /> "Portsmouth, Va., March 26, 1917.
<br /> "Hon. J, T. Hanvey,
<br />
<br /> "Mayor of ~he City of ~ortsmouth,
<br /> "Sir: --
<br /> "In reply to your commun~cat~o~ of March
<br />lines for Gander Creek, I beg to say:
<br />
<br />1~i7, in reference
<br />
<br />to Port ~a~den
<br />
<br /> ,That some years ago~ Y am informed in 1890, Mr. Bascom Sykes~ then City Engineer, defined
<br />the lines o~ the channel of Gander Creek; these lines were approved by the Street Comm~ittee and
<br />the City Council with the request to the Bo~rd of Hmrbor Commissioners that they be adopted by
<br />that Board ~s Port Warden lines. This the Board of H~rbor Commissioners diS, ~ut the record
<br />o~ their proceedings were destroyed in a fire some years later, ~d no copy of said record w~s
<br />retained by the City. I further ~uderstand that several encroachments were made with the con-
<br />sent of the Council of the City, with and without the consent of the Hs~rbor Board.
<br />
<br />sire
<br />
<br />"2hess encroachments rendered it necessary that new lines be defined, should the City
<br />to further have Port Warden lines established.
<br />
<br />"Th~s, Of course, is the work of an Engineer a~ud not that of the City Attorney.
<br />
<br /> "Mr. Weaver, our Engineer, has prepared new lines which meet the mpproval of myself and
<br />the City Na~agero
<br />
<br /> "Should they mee~ the approv~l of the Council, i would suggest thmt the Council, by
<br />solution, request the Harbor Board to adopt the same.
<br />
<br />"Respectfully,
<br />
<br />~Jno~ W, H~pper, City Attorney."
<br />
<br /> The following ordinance, on which final action was deferred March 20th until this meeting
<br />of the body, was taken up, read, and adopted:
<br /> AN ORDINANCE COVERNING T~ MANUFACTURE, STORAGE,
<br />SALE, AND USE O~ COHBUSTIBLE, ~XPLOSIVE OR DANGEROUS NATERIALS ~ITHIN T~ COP~OP~TE LIMITS OF
<br />THE CITY OF PORT~OUTH, VA.
<br /> And by the ~ollowing vote:
<br /> Ayes--Bunting, Claud, Dashiell,
<br /> Ha~uvey~ Herbert, Norris,
<br />
<br />The following ordinance, on which final action wa~ deferred Ea~oh 20th until this meeting
<br />
<br />
<br />
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