Minutes 03/16/1915 - Laserfiche WebLink

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March 16, 1915. "In reference to the same I beg to say that the West Park View Bridge is a common highway standing in the same relation to the~city as the streets. The city is responsible for injuries caused by its ne=~ligence in failing to keep the bridge in proper condition for travel. If an~~ injury is caused on the bridge by street cars and the cause of the injury is attributed to the cSty for failure to keep the bridge in proper do~dition the city is legal!y~ liable to the per- sons injured, while on the other hand, if the injury is caused through no ~egligence on the part of the City, the City is ~ot liable. The bridge is a public highway like a street and the city and Street car Company occupy about the same relation thereto as they do to a street. "Yeurs~ respectfully, "Jno. W. Happer, City Attorney.. On motion, the opinion was ordered to file. NEW BUSINESS. A report was read from the Board of Water Commissioners, in which was given the authority by which the Commission was organized, the several Acts of the Legislature thereon, the history of its proceedings since.organization, and request by said Commission that arrangement be made at once for the sale of $~00,000. of bonds, said amount to be used for obtaining the necessary' rights of way and the const~dction of the system up to and including the main pumping station on the belt line. The report having been read, Mr. Wilson moved that the Board of Water Commissioners appea~ before a Joint Session of the two branches to state how it proposes to operate said plant. The motion was adopted. A communication was read from the Superintendent of Public School~ notifying Council of %he expiration on April let of certain~members of the School Board from the several City Wards, and also of the resignation of Mr. Jno. Nash from the First Ward. On motion~ the filling of said vacancies was referred to a Joint Session of the two branches of City Council. A communication was received from the~City Attorney~asking that a proper deed for a ceme- tery lot be drawn to Mrs.~. A. Enni~ and Eva M. Galtilee~ a mistake having been made in send- ing the list of purchases f~om the Keeper of Cemeteries to the City Clerk. ~ On motion, the matter was referred ~o the City Clerk and City Attorney for arrangemen$~ A petition of the Chief of Police that the Police Department be provided with a motorcycle, was referred~to the Police Committee~ A communication was received from the General Counsel of the~eaboard Air Line Railway?Co. in regard to a request that said Company allow the City to cross xts property between High and ~ing streets, so as to open Pearl etree~ continuously. On motion, sai~ communication was referred to Street Committee. Mr. Cart moved to refer to Ordinance Committee the advisability of turning over the catch- lng of ~ogs to the Police Department, with no cost to t~e City fo~-maintaining t-he same,-the City to get half of the net proceeds and ~he Police Relief ~ssooiatio~ to re~eive the other half~ The motion was adopted. Mr. Markham presented the following resolution, which was adopted: "WREREAS, Section XV of the contract between the City of Portsmouth and the Rortsmouth& ~uffolk Water Co. p~ovides that '~the said City of Portsmouth may become the owner of said works and all of the property connected therewith, and succeed to all the rights and franchises of the said The Portsmouth and Suffolk Water Company at the expiration of the said thirty years, beginning on the let day of April, eighteen hundred and eighty-eight, by giving, b~fore the expiration of said thirty years, two years notice of such intention to purchase,', &c. · "BE IT RESOLVED, That a Special Committee of five, two from the Board of Aldermen and' three from the Common Council, be appointed to consider the advisability of the City purchas- ing the property of the Portsmouth, Berkley & Suffolk Water Company at the expiration of said contract." Nm. Markham presented also the following resolution, which was adopted:. "WHEREAS, An Act of the Legislature, 1~14, provides for a change in the government of cities, and~ "~HEREAS, the' said Act contains three plans, viz, Modified ~ommission, City Manager, and Councilmanic, and, "WHEREAS, the said Act provides .that the Judge of the Circuit or Corporation Court shall order au election, if one of the three when presented to him contains at least twenty-five ~er cent. of the qualified voters who we rich, and if more than one plan be submi ing the greatest amount of signatures, "RESOLVED, That a Committee of Five and three on t~? part of the Common Coun ve~rs of the C~ty two or more plans und On motion of Mr. ~arr, an appropria was referred to Finance and ~lio Prope half of the work. On motion of N~. Cart, an appropria anco of the season, was referred to Fina On motion of Mr. Cart, the attentio the lot formerly occupied by Clover~s st On motion of Mr. Langhcrne, the Cit re qualified to vote in the last p~ecedimg June elec- ~ted~ he shall order ~he election held on the one hay- ~e appointed, two on the part of the Board of Aldermen ~1, to consider the advisability, of submitting to the ~r the Act for their signattuves.~ ~ion of $tZS.00.t? paint the outside of the Court House ~ty committees ~ozntly, said amount being the City's ~ion of $160. to furnish coal at the Jail for the bai- ~ce ~ud Public Property committees jointly. ~ of the Street Committee was called to condition of ~bles. Attorney was instructed to give hie leKal oninions