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220
<br />
<br />August 28, 1984
<br />
<br />tentional fraud and carries with it an additional penalty of 100% of unpaid taxes.
<br /> In order to assure compliance with the recent amendments to the State Code, the City
<br />A~to~neyyhas a revised Division 2 of Article IV of Chapter 35 pertaining to same. I, there-
<br />fore, recommend that Council adopt the attached Ordinance pertinent to special assessments
<br />for open space real estate.
<br /> On motion of Mrs. Lucas and seconded by Mrs. Webb, the following ordinance was approved
<br />on first reading, and was adopted by unanimous vote:
<br /> "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1975, BY
<br /> AMENDING ARTICLE IV, DIVISION 2, OF CHAPTER 55 THEREOF, PERTAINING TO SPECIAL
<br /> ASSESSMENTS FOR OPEN SPACE REAL ESTATE."
<br />
<br /> 84-506 Letter from the City Manager recommending adoption of an ordinance to amend
<br />Chapter 23 of the Code of the Cit) of Portsmouth, Virginia, 1973, by repealing Section 25-497
<br />pertaining to mall and mall transit streets.
<br />
<br /> 'In carrying out its function of regulating traffic pursuant to the police powers of the
<br />City, and in order to assure the safety of pedestrian traffic, the Council of the City of
<br />Portsmouth has previously adopted an Article of the City Code providing lot mall and mall
<br />transit streets. MalI streets are maintained by the City as public rights-of-way; but ~rohibi
<br />the operation or parking of any vehicle including, but not limited to, automobiles, tru~ks,
<br />motorcycles, and bicycles on such streets other than those who have specified reasons as pro-
<br />vided for in the City Code such as emergency vehicles, construction vehicles and equipment,
<br />and vehicles delivering to commercial stores with merchandise for sale. Mall transit streets
<br />are identicaL~xcept lot the fact that they permit transit vehicles (trolleys[ operated under
<br />a franchise granted by the City Council. In the City of Portsmouth the area constituting the
<br />Middle Street Mall qualifies as a mall street, while Harbor Street adjacent to Portside
<br />qualifies as a mall transit street.
<br />
<br /> Section 28-497 of the City Code provides for violations of the prohibitions relative to
<br /> mall and mall transit streets; however, such penalty exceeds that provided for other traffic
<br /> violations.
<br />
<br /> Accordingly, in order to conform the penalty for viol~ation of traffic offenses pertainin
<br />to mall and mall ~ransit streets with those provided for other traffic offenses, the City
<br />Attorney has recommended that 923-497 be repealed. The ~pealing of said section will leave
<br />violations of she mall and mall transit street ordinance ccnstituting a traffic infraction
<br />which is punishable by a fine of not more than $100.00. I, therefore, recommend adoption of
<br />the enclosed ordinance."
<br />
<br /> On motion of Mr. Beamer and seconded by Mr. Gray, the following ordinance was adopted
<br />on first and final reading, and by the following vote:
<br />
<br />'AN CRDINANCE TO AMEND CHAPTER 23 OF TH~ COD~ OF PHE CITY OF PORTSMOUTH,
<br />VIRGINIA, 1973, BY REPEALING SECTION 23-497, PERTAINING TO MALL AND MALL
<br />TKANSIT STR~TS."
<br />
<br />Ayes: Beamer, CorF~ew, Gray, Lucas, Webb, Whitlow, Holley
<br />Nays: Ncne
<br />
<br /> 84-307 Letter from the City Manager recommending denial of an ordinance to close a
<br />portion of R~ven Street.
<br />
<br /> "Messrs. A1 Dumire and Charles Satterfield, Jr., by Darell Sayer, Attorney, have made
<br />
<br />application to close a portion of Raven
<br />
<br /> As required by law, the applicants
<br />viewers were appointed by Council. The
<br />and Planning staff recommend closure of
<br />remain open for pedestrian ~raffic.
<br />
<br />Street from Greenwood Drive to Barclay Avenue.
<br />
<br />have given the appropriate no~ice of application and
<br />viewers recommend closure. The Planning Commission
<br />all but five (5') feet of the right-of-way which would
<br />
<br /> The estimated~cost for building the pedestrian walkway ms $3,000.
<br />to check with his client to determine if he was willing to pay for ~he
<br />ed by the Planning Commission and the response was in the negative.
<br />
<br />I requested Mr. Sayer
<br />improvements recommend-
<br />
<br /> Because such improvements are no~ budgeted
<br />in making said improvements, I would therefore,
<br />be denied."
<br />
<br />for, and
<br />recommend
<br />
<br />the ~r~perty owner is not interested
<br />that the recuest for street closure
<br />
<br /> Darell Sayer, Attorney, 451 Court Street, representing Albert Dumire, property owner,
<br />~'poke in support of closing the street.
<br />
<br /> Motion of Mr. Beamer ~o concur with the City Manager's recommendation, died due to the
<br />lack of a seconded.
<br />
<br /> Motion of Mr. Gray and seconded by Mrs. Webb, that the matter
<br />Manager has an opportunity to look into the situation and a report
<br />adopted by unanimous vote.
<br />
<br />be tabled until the City
<br />be furnished, and was
<br />
<br />
<br />
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