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R. C. P.
<br />
<br />November 9, 1915o
<br />
<br /> To make available the balance of the appropriation allowed in the Budget for Portsmouth
<br />"Orphan Asylum," to amount of $250.00.
<br />--Award made b~ Public Property Committee to N. V. Pearson to install a heating plant and
<br />water and sewerage pipe connections at the City Jail, for
<br /> To refer to the Park Commission with power to act, a petition of the Chambers Fire Co. to
<br />be allowed to use the playground the first week in November; and to relieve the said Company .
<br />from payment of a license tax thereon. (Mr. ~nellinEs excused from further attendance).
<br /> Fourth. Reports of Officers ~and other unfinished business.
<br />
<br /> The regular r~oorts of Officers for the month of October, 1915, were presented and were
<br />doted to take the usual course.
<br />
<br /> The Auditor reported the following Jills held up by him, because of lack of appronriation
<br />for. same: Fire, $118.00; Police, $18.16, Almshouse, $25.00; Dinwiddie St. Drain, ~0.~0.'
<br /> On motion, the bills were referred to the Finance Committee.
<br />
<br /> A recommendation of the Auditor that the City Collector be refunded $10.00, said amount hav-
<br />ing been entered twice as a license on the Collector's books, was referred to the Finance Commit-
<br />tee.
<br />
<br /> A request of the Auditor that the Sixth Nard be credited with $300. for iicenses,.which a-
<br />mount is now credited to the Seventh Nard; and that the Seventh Nard be credited with $5?.00_for
<br />licenses, which amount is now credited to the Sixth Ward. '
<br /> On motion, the request was referred to the Finance Committee.
<br />
<br /> · A communication was read from the City Attorney in regard to cost of writ tax, printing of
<br />records,~&c., in the matter of appealing the case of the City of Portsmouth vs. Jobson; and, on
<br />motion, $108.S0 was allowed the City Attorney for such ~osts and by the following vote:
<br />
<br /> Ayes--Corb~tt, Herbert, Branch, White, 0ain, Hanvey, Me,re (Joe. S.)~ Hutchins,
<br /> Leavitt ~lemmin~ L~ylor~ Nontague~Rey~olds, Wright (Earl H.), Morgan,
<br /> Wright ~Grover C.), 16. ~ .~
<br />
<br /> A request of the City Treasurer to renew notes to amount of $47,500. falling due in Decem-
<br />ber, 1el5, was granted and by the following vote:
<br /> Ayes-~Co~oitt, Herbert, Branch, ~hite,
<br /> Cain, Hanvey, Moore (Jos. S.), Hutchins, Leavitt, Flemming, Laylor, Montague,
<br /> Reynolds, Wright (Earl H.), Morgan, Wright (Grover C.), Baldwin~ Moore (Robt.
<br /> See, 19.
<br />
<br /> The following opinion was read from the City Attorney "as to whether the City has a legal
<br />right to extend Midd2e street southward to the playground," as requested by the two branches of
<br />City Council October l~-S0th, 1915, upon recommendation of the ~reet Committee:
<br />
<br />"To the Honorable City Council,
<br />
<br />"Portsm~r~th, Va., November 8, 1915.
<br />
<br /> "Portsmouth, Va.
<br /> "Gentlemen:--
<br /> "Replying to your request that I render to you my written opinion, "as to whe-
<br />ther the City has a legal right to extend Middle street southward to the Playground, at corner
<br />of Court and Wythe streets," I beg to say:
<br /> "That the City can not
<br /> tak~ or damage private prop_erty without Just compensation and as
<br />the extension of Middle street southward would necessitate the passing~hrough private pr6pertE
<br />said extension can only be made by purchase or condemnation, unless consented to by the owner.
<br /> "The S. A. L. Railway C6mpany is the owner of property binding ~he Playground on the north
<br />and it is necessary to pass through this property to make the extension.
<br />
<br />"Respectfully submitted,
<br />
<br /> "Jno. W. Happer, City Attorney..
<br />On motion, the opinion was ordered to record.
<br />
<br /> NEW BUBINEBB.
<br /> Election and Registration bills to amount of $401.96 were presented and were ailewed~ sub-
<br /> Ject to approval of the Auditor, and by the following vote:
<br /> ~yes--Oor~tt Herbert,
<br /> Branch, White, Cain, Hanv~y, Moore ~Jos. S. Hutchins, Leavitt~ Fiemming,
<br /> H.
<br /> Laylor, Montague, Red,holds, Wright !Earl /~ Morgan, Wright (Grover C.),
<br /> Baldwin, Moore (Robt. L.), See,
<br />
<br /> The Chairman of the Fire Co~u~ittee stated that he held a bill of The Kirn Morner Pharmacy
<br />to amount of $8.30, properly approved by the Chairmen of the Fire Committee but which had not
<br />been audited because it had not been 0.K'd. by the Chief of the Fire Department.
<br /> The Chairman of the Committee said he could vOUch for the bill and asked that the same
<br />be paid; and the A~ditor was instructed to pay said bill.
<br />
<br /> A communication was read from the City Attorney in which he asked that he be authorized
<br />and instructed to apply to the Supreme Court of Appeals for a writ of error in the case of the
<br />Portsmouth & Norfolk Corporation vs. the City to recover $5,000. deposited by said Corporation
<br />with bid to furnish a contract for lighting the City with electricity.
<br /> On motion of Mr. Hanvey, the City Attorney was so authorized and instructed, and by
<br />the following vote:
<br /> Ayee--Corbitt, Herbert, Branch, White, Cain, Hanvey, Moore (Joe.
<br /> Hutohins, Leavitt, Flemming, Layior, Montages, Reynolds, Wright (Earl H.),
<br /> Morgan, Wright (Grover C.). Baldwin_ Mo~ {~ L ~ ~
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