Minutes 09/05/1916 - Laserfiche WebLink

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September 5, 1~16. On motion, sundry matters~refe~red to committees by the former Council, ms shown by list of committees, were referred to appropriate ~epartments of the new Council. Er. Horgan presented~the following~opinion of the City Attorney, which was requested of him by the former Council: "Portsmouth, Va., September 5, l~16. ~To the Honorable Council of the~City of Portsmouth, Virginia, ~portsmouth, Va. "Gentlemen:-~ "Replying to your request that the City Attorney give au opir~on "as to whom dirt belongs taken between rails aud~two feet on each side on streets being paved, mhd also dirt taken in front of residences under the ss~me oiroums~a~ces~ ~ beg to say: ~The abutting lot &wner is not entitled to the dirt necessarily removed from streets being paved, provided it is needed by the city to improve the same street, and ma~y authorities hold that the Cit-y~m~y us~ 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 goverznment. "In regard to dirt removed by the l~llway Company frombetween its tracks and two feet on each side, I would say that it mmy be used by the Raiiwmy Company when needed for grs~tin~ the streets which are being pmved. When not so needed~ the City has the right to use the dirt ~e set forth in the precediSg p~r~graphs. "Respectfully_~submitt~d, ~R. C. Barclay, "Acting fo~ City Attorney.~ On motion, said opinion w~s ordered to file. On motion, adjourned. September 12, 1916. At a meeting of' The Council September 12th there were present: Messrs~0scie Dashiell. J~ T. Hmnvey, C. H. Herbert, W. D. Morgan',~Ohas. T. Parrish, 5. The minutes of the meetings September 1st and September 5th were read and were approved. REPORTS OF DEPARTMENTS. Law-- Submitted certain rules for the government of The Council adopted temporarily and, on motion, they were so adopted. which it wished to be Public Service-- Proposition of C. L. ~h~uvy to repmve with grauotith in front of his place of business on Effingham street, the City to pay one,half ~ ~uch expense~ It is recommended tkt no change be m~de in the pm~i~g at this poi~t~d, further~ thm~ Mr. Hmn~ry be notified to o0mply with Chmp. 23, SeC. 370 ~ ~e~City ~dtn~ces, which re~s ~s follows: "No ~ste ~ter (=minster excepted) sh~l be placed or mliowed to flow by me~s of pipes, vessels or other~se, on the streets of the First, Second, Third, Forth Fifth Wm~ds of the City, or in ~he ~tte=s thereo~, f=om~the lot mbutting upon the s~e. A request o~ B. O. Mont~e, employed '~er ~he City Enginee~ ~d Engineer of the Sewe~ Power House, fo~ mn increase of It is =eoo~ended thmt ~. B. O. Monta~e's ratine be chang~ to thmt of speci~ L~- bo~e~, mhd thmt his p~y be fi~ed mt ~.50 Per diem. ~ offfer of J. S. Rea ~d Me~r~ck Re~ to sei~ the C~ty fo~ vi,5~. ~ sufficient ~oun~ o l~d ~o enmble it to open that p~t of ~e st=est which extends through thei~ prop ~ W~ report that, in ~cco~d~ce with ~e opinion o~ the City A~torn&y, D~e Stree~ alre~y ~ open street, ~d, therefore, reoo~end that no f~ther ~tion be t~en in this matter. A proposition of H. L. Ale~der .to sell the City a~strip of l~d ~rom. Lo~d~,n s~reem to Hi~, in l~ne with~the bo~d~ries of~tton street, .~s the s~ wou~d ~e exmenced~ '.for of SEO,O00~O0; upon the s~e terms m~ offered to'the former Council. h~t it is willin to a $100. A~oo~mcation from the Ports~u~h Co~l & !c~ Co. ~mying t ~ _P.~ _ _ to~ds r~edying ~ge between the Sixth apd Seventh ~m=ds and by the proper~y 9z ~ne mouth Ooml & Ice 0o.; D~t is unwilling %0 pmy $150. ms required by the former. Co~oil. . It is reOo~ded that action on this mmtter be postponed until a Czty m~ager ms pointed.