Minutes 05/13/1913 - Laserfiche WebLink

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R. C. P. May 13, 1913. the ordinance in regard to pawnbrokers and junk dealers,.but no action was taken thereon. The bond of Ceo. A. Brinkley for pazntxno the Almshouse buildings was referred to the Fi- nance Committee. The Chairman of the Street Committee presented an ordinance and contract for laying a rail~ way track on High street, between Effingham street and Ninth avenue. Me a~ked for a suspension of rules in order to take up the said ordinance.and ~o~tract, ex- plaining that by adopting the at'the May meetings of the Councils, instead of-having it lie on the table for thirty days, much time would be saved t~wards doing the work, which time is of im- Iportance at this season of the year. He stated, moreover, that the City Attorney was of the opinion that° the ordinance could be adopted under a suspension of rules, and that the prospective bidder for the said railroad track wou~d have no objection to such ad~otion. · Whereupon, the ordinance with the following title, was adopted: AN ORDINANCE GRANTING .................................... · ITS ~U~CESSORS AND AS~ j~IGN8, TW~ W!GWT ~ · ~ ....... ~0 CO~S~JCT ITS SINGLE OR DOUBLE TRACKS, ERECT ITS POLES AND STRING iTS ~IRES, AND OP~RAT~ ITS CARS ON HIGH STRE~ET, B~TEEN EFFINGHAM STREET A~ NINTH AVE.k~E, IN THE CITY OF PORTSMOUTH. (See Ordinance Book). And by the following vote: Ayes-~Oorbitt, N~ii, Hanvey~ Baker, Johnson, Walker, Reynolds, Cross, Tyler, Hawks, Hutchins, Beisel~ Cooke, 14. And then~the proposed contract~ with accompanying resolution, was adopted and lowing vote~ the resolution being ordered to file: . Ayes--Corbitt, Hall, H~nvey, Baker~ Johnson, Heath, Walker~ Reynolds, Cross, Tyler, Hawks, Hutchins, Beisel, Cooke, 1~. The followin~ opinion was read from the City Attorney with regard to charges and r&stric- tions imposed on Er. Henry~Pile by the ~ater Company, and said opinion was ordered to file: Heath, by the fol- "To the Honorable City Council, "Portsmouth, Virginia. "Portsmouth, May 12, 1913. "Gentiemen:-~ "In reference to the communication of Mr. Henry Pile as to the charges and restrictions imposed on him by the Water Company, I beg to reply: "That the Water Company has the right to make all reasonable regulations in the use of its water to prevent waste; section V of-the water contract states this with reference to the use by the City, and the City has adopted ordinances, sections E44 and'~4B, to protect the Water Company from waste, pursuant to the last part of section XV1 of said contract. And further our Supreme Court of Appeals has recognized this right in the Water Company in the suit of said Com- pany against the City of Portsmouth with reference to meters in the Fifth Ward, reported in ll2 Va. page 1~8. ~"The charges and remtrictions imposed on Mr. Pile by the Company is found in Rule ~ adopt- ed by that Company, ~hich is as follows: ~Rule S. Hose can only be used on the premises and for the purposes paid for. Hose must not be used during times of fire e$cept f~r the extinguish of fire. Hose can only be used from 6 to 8 A. M. and from ~ to $ P. M., but not to exceed two hours in any one day. Hose shall not be larger than ~/4 an ~nch in diameter, and the nozzle shall not exceed 1/8 an inch in diameter. Hose Shall not be used without a nozzle and must be played by hand and not tied to porticoes or sticks ~r e~nverted into fountains or jets.' "This L~le is not in conflict with our contract, sc far as I can see. "The question then surises, i~ it an unreasonable ru~e? It seems to me not~ "Our contract provides that 'Fountains Shall be paid for~t meter rates, but no fountain to be allowed in 9~eration ~mrimg fire in the city.~ '"~ebe~er defiRes~a fountain to be, ~An artificial jet or stream of wats=.' "Section XV1 of our water contract reserves to the Water Company the right to pay in a 't~er, at the cost of the Company~ in any case, and charge for measured water, instead of being governed by the schedule, whenever it becomes necessaryin its judgm~e~n~ to provide against un- necessary waste. Provided that in dwelling houses and residences meters shall not be used, ex- cept by consent of the consumer. "In the City of Norfolk~ where the City owns its own water, the rules limit fountains to six hours per da y'during the season~ and allows no wash pave to be used except between the hours of 4 and S A. M. and 6 a~d 9 P. M. of~the same day. I imagine that but few people, if any, would use it before ~ A. M., hence the time for wash would be much !ess than it would seem. The questxon, however, xs one of ~easona~le ~ule which affects Mr. Pile a~d not the City$ and if ~e is using water as a fountain, then. in mM ooinio~, he must pay for the. same a~ meter ra~es or have the servzce to his premises discontinued. The fact that the hose is connected to a hydrant ~n his yard seems to me to make no difference, the principle is the same, his yard be- ing neither his r~sidence nor his dwelling. "~na~ is stated ~b~veapplies t~ that portion of the City which is supplied'by the PoFts- mouth, Berkley~ a~d Suffolk Water Company, and not to ~he annexed territory which is supplied with water by the ~Por~wmouth Suburban Water Company. Wmth the latter company the City has no contract. ~Respectfully submitted, "Jno. N. Happer~ "City Atto~neyo The Eeeper of Cemeteries made the following~ report of lots and graves sold in the Oak Grove Cemetery du~ing the month of April, 1~15: April S, to John P. Oampell, child's grave~ No. 9Z8, let Ave. 7, Peter A. Jansen, child's grave~ No. 9~6~ let Ave.