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January 27, 1987 <br /> <br /> "Mr. Carl Lundquist has made application to close a portion of <br /> ten foot alley east of Peninsula Avenue between Barton Street and <br /> ~ratley Street. The viewers report and the Planning Commission <br />Doth recommend approval of this application. <br /> <br /> Because consideration with the Civic League is presently under- <br />way with another application in this area, I recommend deferral of <br />this matter until February 10, 1987." <br /> <br /> Motion of Mrs. Lucas and seconded by Mr. Gray, that the matter <br />)e deferred to the meeting of February 10, 198-, as requested, and <br />was adopted by unanimous vote. <br /> <br /> 87-31 - Letter from the City Manager recommending adoption of <br />an ordinance to amend Article VII of Chapter 35 of the City Code by <br />adding Section 35-116.1 pertaining to Utility Services Tax. <br /> <br /> "The Utility Services Tax imposed by the City of Portsmouth in <br /> .ccordance with Article VII of Chapter 35 of the City Code is levie~ <br /> the City upon each purchaser of a utility service and the amount <br />of tax due is based upon a percentage of the firstS2,000 of any <br />charge made or incurred during any monthly period for the utility <br />in questinn. A question has arisen pertaining to the manner in whic~ <br />the amount of the charge is computed where mcre than one meter is <br />tsed to serve a purchase as that te~m is defined by the Code. <br /> <br /> The City ~ttorney, after consultation with the Commissioner <br /> f Revenue, has recommended that an ordinance be adopted clarifying <br /> that the intent of the section is to impose and levy the tax on <br /> charges based upon the amount being billed by the utility as an <br /> individual service. The utilities bill for such services is based <br /> upon individuslized reading of meters and, therefore, the language <br /> recommended to be adoFted establishes that the tax will be computed <br /> pect to each meter as opposed to each purchaser where more <br /> than one meter is being used. This change Will clarify the intent <br /> of our Code and is the procedure that is used in our neighboring <br /> cities. <br /> <br /> The Commissioner of Revenue has discussed this matter with <br /> representatives of Virginia Power and Commonwealth Gas and that bot] <br /> of those Utilities are in agreement with the proposed change. I, <br /> ~herefore, recommend adoption of the ordinance which has been pre- <br /> ~ared by the City Attorney. See motion below <br /> Louis Brenner, Attorney, 330 Virginia Federal Building, repre- <br /> senting Western Branch Diesel, Inc., spoke in opFosition of the <br /> code amendment. <br /> <br /> Edgar S. Everhart, 3400 Shipwright Street, representing <br />~sseciated Naval Architects, Inc., opposed the code amendment. <br /> <br /> Motion <br /> granted <br />by unanimous vote. <br /> <br /> Motion of Mrs. Webb and seconded <br />matter be deferred to the meeting of <br />adopted by unanimous vote. <br /> <br />of Mrs. Webb and seconded by Mr. Gray, Mr. Louis Brenne] <br />an additional 5 minutes, as requested, and was adopted <br /> <br /> by Mr. Simpson, that the <br />February 10, 1987, and was <br /> <br /> 87-32 Letter from the City Manager recommending adoption of <br />a resolution expressing the Council's support for the relocazion of <br />the existing railroad line to the median of the Western Freeway and <br />requesting the General Assembly of Virginia to take such steps as <br />may be necessary to assure the initiation and completion of the <br />relocation project. <br /> <br /> <br />