Minutes 09/12/1916 - Laserfiche WebLink

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September 5, 1916. On motion, sundry matters~referred to committees by the former Council, as shown by list of committees, were referred to appropriate ~2partments of the new Council. Mr. Morga~upresented.the follow£ng~opinion of the. City Attorney, which was requested of him by the former Council: "Portsmouth, Va., September 5, 1916. "T0 the HonOrable Council of the~Clty of Portsmouth, Vi~ginia, "portsmouth, Va. "~ entle men: -- ~Replying to your request that the City Attorney give an opinion "as to whom dirt be$ongs taken between rails and-two feet on each side on streets being paved, and also dirt taken in front of residences under the s~me circums~anoes~ beg to say: "The mbutting lot ~wner is not entitled to the dirt necessarily removed from streets being paved, prsvided it is needed by ~he city to improve the same street, and many authorities hold ~h~t the City,may use it on other streets or in its general plan of improvement. Therefore, I would advise that dirt so removed belongs to the City when needed by the City to improve the same street or other.streets in its general plan of gove~nment~ ,in regard to dmrt removed _by ~he-R~ilw~y Company from between its tracks and two feet on emch smog, I would smy that it m~y be used by the Railway Compmny when needed for .g~.~adin~ the streets which are being paved. ~en not so needed., the City has the right to use the dirt as set forth in the precedisg parmgraphs. "Respectfully Rsubmltt~d, "R~ C. Barclay, "Acting for City Attorney." On motion~ s~id opinion was ordered to file. On motion, suijourned. September 12,-1~16. At a meeting of'The Council September 12th there were present: Messrs--Oscie Dashiell, J. T. Hanvey, C. H. Herbert, W. D. Morgan~, 0haso T. Pettish, The minutes of the meetings September let and September 5th were read and were a~oproved. REPORTS OF DEPARTMENTS. Law-- Submitted certain rules for the government of adoptsdtempgrarily and~ on motion, they were so adopted. The Council which it wished to be Public Service-- Rroposition of C. L. Hmhb~ryto repays with gra~olith in front of his place of business on Effingham street, the City to pay one-half It is recommended t~t no change be made in the p~ving at this ~ further, that Mr. Hanbury be notified to c&mply with Chap. '23, SeC. 370 o~l~e~Cit which reads ms follows: "No ~ste ~ter (rainwater excepted) shall be placed or ~lowed to flow by the First Second Th~ d, FourZh o~ me~s of pipes, vessels or otherwise, on the streets of Fifth W~rds of the City, or in the ~tte=s thereof, from the lot mbutting upon the s~." A request of B. O. Nonta~e, employed~der the City Engineer ~Engineer of the Sewer Power House-, fo~ an increase of pay.' ~It is =eco~ended that Mr. B. 0. Monta~e's~rating be ch~g~ to that of ~eci~ Lm- bo=er, ~d that his pay be~fi~ed at $2.50 per diem. An offer of J. S. Rea and Me=rick Rea to sell the City fo= $i,~00. ~ su~mcient ~ount of l~d to enable it to open that p~t o~ ~e street which exte~s t~ou~ ~h$1r We ~epo~t that, in ~eco~oe with the opinion of the ci~y~$tto~n~,~ s~et alre~y ~ open street, ~d, therefore, =eco~end t~t no f~ther ~c~on os ~en ~n m~s A proposition of H. L. ~ex~der tc sell the City a strip of l~d from Londgn street to High, in line wi~h~the bo~da=ies of~on ~:~reet, a~he s~e w?u!d be ex,ended, of $20,000.00; upon the s~e te~s mS offeree t0 the former Councml. Pro,ess ~s to s~e. A~oo~icmtion from the Portsmouth Ce~ & ~Ice Co. smylng ~h~t it is ~llin$ to~ $~00~ _ tow~ds=emedying ~ai~ge between the Sixth m~d S~venth W~ds mhd by the proper~y cz mae mouth Coml & Io~ Co.; b~t is ~willing t6 Pay $150. ms required by the foyer Co'oil. It is reoo~ended that action on this ~tter be postponed until a City M~ager Is oointed.