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Nar.eh 13, <br /> <br />/ <br /> <br /> An Order of Court exonerating H. L. Privett from payment of $13. City taxes for the year <br />~I6, and all interest and penalties so erroneously charged, if not already paid by him; and if <br />paid, that said amount be refunded him. <br /> It is recommended that said order be executed~ <br /> <br /> A petition of W. E. Monroe to be refunded $i.80, paid in error for soil tax on No. 1820 <br />Queen street, .year 1916, Sixth ~r~. Progress. <br /> <br /> A petition of the School Board to have made available $~,258.52 to pay a bill o~ the archi- <br />test for the new Hi~n School Building. Progress. <br /> <br /> A petition of H. J. Naddrey ~o be refunded $5.~, paid in error for soil tax on No. 1136 <br />Elm avenue~ year 1916, $350~ value~ <br /> It is recommended that Mr. Maddrey he refunded said amount, if ~grees with assess- <br />~n~ of the Revisiting Board when a r~Port of same is made. <br /> <br /> An appropriation of $500. for ~ep~irs to public buildings, <br /> C' <br />the' zty Collector's office. <br /> We report that this appropriation w~s allowed by the <br /> <br />~nd ~sp~ciaii~ fo~ repairs to <br />Council Earch 6th. <br /> <br />C. H~ Herbert, Chairm~n, <br /> <br />On motion, the report of the Department w~s s~iopted, and by the following vote: <br /> <br /> · = ' Norris, Eorga~ 6. <br /> Ayes--Buntzng, Dashieil, Hanvey, H~roert, <br /> <br /> The following communication was re~ fzom the City Manager with re~rd to a bill of F. <br />McGuire for $1,507~5~, for patching High street, which was referred to him February 2?th: <br /> <br />Jm <br /> <br />"To Mayor J. T. Hanvey, <br /> and the honorable City Council. <br /> <br />"Portsmouth, V~., March 13, 1~17. <br /> <br />"Mat~er of bill of F.Jo MoGuire for $1,507.50, for patching High St. <br /> <br /> "Contrast dated May 5~h, 19i3, contains the following clause: 'And the said F. J. McGuire <br />further covenants and a~reee to execute a satisfactory bond in the penalty of $6,000.00, payable <br />to the City of Portsmouth, with good an~ sufficient security, conditioned not only for the fmith- <br />ful maintenance and proper construction of his work under this contract, etc.' <br /> <br /> "I am advised by the City Engineer that the wearing surface of this pavement buckled and <br />heaved in the warm weather and that the foremam in chszge of the work destroyed and injured the <br />said wearing surface by attempting to force it back into position by rar~i~g a steam roller over <br />it. It is my understanding of the matter that the Sixth Ward Board ordered the pavement to be <br />put in satisfactory condition and that it was found that the 1,005 sq. yds. h~ul to be replaced <br />in order to put the pavement into satisfactory condition. <br /> <br /> "The contract itself is weak in that it does not specify the length of time which the <br />maintenance bond is to cover. The usual accepted period for this class of pavement is, however, <br />for m minimum guarantee period of five yea~s. The bill rendered by F. J. NcGuire is dated Sept. <br />l~, 1916, ~nich is well within the usual five year period. <br /> <br /> "It is my opinion, in view of ~h~ generally acceptea permo~ of ~aara~ee, also the filing <br />of a maintenance bond, also the f~ct that the wearing surface failed to adhere to the sub-base <br />and was ruined by his own agent, also by the fact thmt the pavement w~s not Satisfactory to <br />the representatives of the City as required by the contract, ~a~ the said F. Jo Mcuumre is not <br />enti'tled to payment of the aforementioned bill for $1,507,50.~ <br /> <br /> On motion of ~r. Norris, the bill wms referred to the City Attorney ~.o give his written <br />opinion as to paying said bill. <br /> <br />UNFINISHED BUSINESS. <br /> <br /> The following ordinance was presented providing the bond form, &c., for the $32,000. of <br />Fire Apparatus Bonds issued to Messrs. Weil, Roth & Co., with the followin~ title: <br /> AN ORDINk~E <br />PROVIDING FOR THE BOND FORM IN THE. MATT~ OF THE $32,000.00 OF ~POHTSMOUTH, VIRGINIA, FIP~ AP- <br />PAF~ATUS BONDS," k~D TO PROVIDE FOR THE LEVY OF A TAX TO PAY T-~~ <br /> <br /> Whereupon, ~r. Morris moved that the ordinance ~ am~d~ by making the place of payment <br />for the princip~l.~nd inte~estat Portsmouth, ¥~rg~ni~, ~n~ead Of New York, and by hav~E the <br />bond attested bY the City Clerk, The ~mendmenz was <br /> <br /> Then the following resolution w~s introduced to accompany said ordinance: <br /> "Be it Resolv- <br />ed by the Council of the City of PortsmOUth, Virginia, That an ordinance having been introduced <br />in this body on this date and read, which ~rovides ~he bond for~ in the matter of the $32,000. <br />of 'Portsmouth, Virginia~ Fire Apparatus BOndS,~ aha which p~ovides for the ~evy of a tax t~ <br />pay the same, it is ordered to lie on the bable until a meeting of the Council to be held on <br />March 2Otb, when it shall be taken from the table ~nd put on its passmge." <br /> <br /> On motion, the resolution was adopted, a~d by the following vote: <br /> Ayes--Bunting, <br /> Dashiell, Hanvey, Herbert, Morris, <br /> <br /> Er, Herbert moved that all of the ordinances ordered to lie on the table <br /> <br />At this point, <br /> <br /> <br />