Minutes 01/26/1915 - Laserfiche WebLink

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January ~6, 1915. The following opinion was read from the City Attorney and was ordered to file: ,Portsmouth, Va., January lB, 1915. "To the Hon. City Council. Gentlemen:-- "Replying ~o your instructions that I 'ascertain if the Portsmouth Coal and Ice Company can not be compelled to put down pipes for carrying off its waste water, instead of being as now, left to man over private property,' I beg to say: That the City has full power unde~ clause 16 of section 2~ of its charter to abate nuisanCez~ but this relates to public nuisances, affecting the public at large, and not as to private nuisances. The City has no power with reference to the later. "if the owners of the private property do not object th~n the Portsmouth Coal & Ice Company may let its waste water run over the land. Should they object they have ample remedy by injunc- tion to prevent the water from running over their 10zoperty and by suit to recover damages such injuries as they may have sustained. ,The City has no right to expend the public revenues to vindicate prkvate rights. "Respectfully submitted, "Jno. W. Happer, City AttyA" this point, the Budget for 1915 was presented. Whereupon, the Clerk stated that voted for an increase of pay. Mr. Bamlow made'the same request The requests ~e granted. he wi~ed to withdraw his name and asked that he bonnet for the Physician to the Poor. He an to the Poor. The motion was adopted.' Mr. Wilson moved that the Co~onwealth Attorney be given ~n office free of cost tq him. Browne moved to amend, provided the City has one to g~ve. But thi~ amendment and motion were passed by to New Business. ~ Mr. LanghO$$~.m~ved tc amend that the office be n~t allowed the Commonwealth Attorney. The a~en~ment was lost. Browne moved to take the Budget from the table, orde2ed to lie there January 4th. The motion was ad~pted. moved ~o pase by the recommended .increase of salaries for the City Clerk and the Physici~ Nr. Wilson ~v~d that the City Collector be allowed an e~tra clerk for one year at $~5.00 per month. The~ mq~ion was .lost. M~. Markham~mO~toame~d, that ~he City Collector be allowed anassistant at $~20. pay year. The amendment wa~s XO~tj ~ Mm. Markham moved that the~ Budget for 1915 be adopted~as amended. The motion was adopted and by the following votei Ayes-~Davis, Flou~noy, Barlow, Cart, Wilson, Browne, Pile, 9. Nar kham, Langhorne, NEW BUSINESS. A petition of the Portsmouth Coal & Ice Co~ to be allowed to pu~ a bridge across Armstrong s~reet, at the corner of High and Armstrong, acoompanie~ by a diagram, was referred to the Street Committee. petition of C. E. Grant to be relieved from paymen~ of delinquent taxes on property at Seuth~street was referred to Finance Committee. An application was read frpm J. P. Buxton to plant a cedar tree on the Court~ Square, east side of the gate; and said~applmcatien was referred to Public Property Committee.. A petition~of Ralph Bendon, policeman, to be paid $~S.75 for 21 1%2 c~ays lost from duty on account of inj~tries received in the line of duty, was referred to Finance Committee. A.petition was received from the Park View Engine Co. for permission to hold a carnival on the playground at the corner of Court and Wythe streets in the month of April. On motion, the petition was granted, subject tq approval of the Park Commission. A petition of the Park Vie~ E~g~ne Company to have the walls of its meeting room either pa- pered ~or painted was refer~ed to the PublicPr ~operty Committee. A letter Nas read from F. P. Baldwin and $. B. Houghton City Council from ume~pizedl . G. Bagwelt from said the Sixth' Ward, recommending g. E. Frey t° f~il the Wa~d~ Nz. Bagwell hmving c.h~ang~d his residence from the Cit~ to the C~x~.ty. Om motion, the fmlling of the vacancy was ordered.to lie on the table until the next regular meeting of the body. A communicati~on was received from the Nerch~ants & Farmers Bank reque,sting CommOil to make arrangements~w~t~h~i~o~ ~aking care ef coupons due Feb~ary tst and payable in New York City. O~ .moji.oma'the Finance Commitiee was authorized t'o make arrangements with said Bank for taking bare of said coupons. Nm. ~rkham asked that the Ordinance Committee be discharged from ~u~he~comsider~t~ion of amending the ordinance in ~egazd to the fire districts seas to permit the erection Of temporary buildings on the old jail lot by the School Board; ~d the Oommittee was so discharged. A telegram was read from J. O. Mayer & Co., ~e~ders of the $200,000. authorized to be bor- rowed to take up that a~ount of City notes held by the several Portsmouth b~nks. The firm requested that Council revise.the vote on the ordinance passed Januar~ ~Z-21st, as a two-third vote of each body ie required to pass the ordinance legally. Whereupon, Mr. Flournoy moved that the rules be suspended with a view of reconsidering the