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F~bruarv 14, 1984
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<br />"AN ORDINANCE TO APPROPRIATE $65,000 FROM THE CAPITAL IMPROVEMENT FUND FOR
<br />ROADWAY AND TRAFFIC SIGNAL IMPROVEHENTS AT THE INTERSECTIONS OF AIRLINE BOULE-
<br />VARD AND KINGS HIGHWAY AND FREDERICK BOULEVARD WHERE IT INTERSECTS WITH SOUTH
<br />STREET, WHERE IT INTERSECTS WITH KING STREET, AND WHERE IT INTERSECTS WITH THE
<br />CITY'S COMPOUND ENTRANCE ROADWAY."
<br />
<br /> 84-52 - Letter' from the City Manager recommending adoption of an ordinance to amend
<br />Article III of Chapter 38 of the City Code by adding thereto Division 3,4 and 5, pertaining
<br />to Wastewater Sewers, Industrial Discharge and Pretreatment.
<br />
<br /> "The Environmental Protection Agency (EPA), in conformance with the Clean Water Act,
<br />has mandated that the City co~ply with the provisions of the Act to ensure reliable and safe
<br />operation of wastewater treatment facilities. The City is required by its wastewater dis-
<br />charge permit, as a condition of continued wastewater construction grant funding, to imple-
<br />ment an Industrial Waste Pre-Treatment program. The adoption of the EPA approved ordinance
<br />is a major step toward full implementation of this program.
<br />
<br /> To comply with the conditions of the nation's Clean Water Act, Chapter 38 of the Ports-
<br />mouth City Code will need to be revised. I might note that the Hampton Roads Sanitation
<br />District program has been in place since October, 1982.
<br />
<br /> Attached for your consideration is the EPA approved draft ordinance which is modeled
<br />after other approved programs in the state. The City Attorney's Office has worked coopera-
<br />tively with the Public Utilities' staff to develop this program in conformance with Federal
<br />law."
<br />
<br /> On motion of Mr. Gray and seconded by Mr. Beamer, the following ordinance was adopted
<br />on first and final reading, and by the following vote:
<br />
<br />"AN ORDINANCE TO AMEND ARTICLE III OF CHAPTER 38 OF THE CODE OF THE CITY OF
<br />PORTSMOUTH, 1973, BY ADDING THERETO DIVISION 3, 4 AND 5, PERTAINING TO WASTE-
<br />WATER SEWERS, INDUSTRIAL DISCHARGE AND PRETREATMENT."
<br />
<br />Ayes: Barnes, Beamer, Gray, Holley, Webb, Whitlow, Johansen
<br />Nays: None
<br />
<br /> 84453 Letter from the City Manager recommending adoption of an ordinance to amend the
<br />City Code, Section 21-143, pertaining to Going Out of Business Sales.
<br />
<br /> "Since 1975, based upon enabling legislation adopted by the General Assembly, we have
<br />rgulated the advertising and conducting of a sale for the purpose of discontinuing a retail
<br />business by the issuance of a permit to conduct "going out of business" sales. The 1983
<br />session of the General Assembly amended th enabling legislation providing better regulation
<br />and control.
<br />
<br /> The current ordinance allows the issuance of special sale permits for a period of 30 days
<br />but provides for an extension of that time by the issuance of an additional permit at the same
<br />rate without any limitation on the number of permits to be issued for any given business. The
<br />new law would provide for an initial period of 60 days and place a maximum of two additional
<br />permits beyond the initial ~,~pm~6~,which will be solely for the purpose of liquidating thos,
<br />goods contained in the initial inventory list which remain unsold. In addition, at the time
<br />of making application for the special sale permit, the applicant will submit for inspection to
<br />the Commissioner of the Revenue the advertisement for the sale, and such advertisement shall
<br />conspicuously include in the advertisement, the special sale permit number assigned by the
<br />Commissioner and the effecf'~ve date of the sale as authorized in the permit. Finally, in
<br />accordance with the enabling legislation, the fee for such special permit shall be increased
<br />from $15 to $65.
<br />
<br /> The Commissioner of the Revenue is of the opinion that the proposed ordinance would pre-
<br />clude this type of sale from going on beyond the time allocated in the permit and indicates th~
<br />there have been many abuses of "going out of business" sales in the past which have been mis-
<br />leading to the public and unfair to eompetitive establishments. I join the Commissioner of th,
<br />Revenue in recommending the adoption of the attached ordinance to[help curb the abuse that has
<br />occurred in the past."
<br />
<br /> C. Donald Porter, 427 North Street, representing the Tidewater Retail Merchants Associati,
<br />spoke in support of the amendment to the ordinance and urged its adoption.
<br />
<br /> On motion of Mrs. Webb and seconded by Mr. Whitlow, the following ordinance was m[~prove'd
<br />on first ~adi~i~,~i a~'~ W~S 2adop~e~'~b~ ~'hs' ~otl~in~' Vete:
<br />
<br />"AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973,
<br />BE ~4ENDING SECTION 21-143 THEREOF, PERTAINING TO "GOING OUT OF BUSINESS"
<br />SALES."
<br />
<br />Ayes: Barnes, Beamer, Gray, Hoiley,' Webb, Whitlow, Johansen
<br />Nays: None
<br />
<br /> 84-54 - Letter from the City Manager recommending adoption of an ordinance to amend the
<br />City Code, Section 20-52 and adoPt Sgctions 20-52.1, 20-52.2, and 20-52.3 pertaining to Retail
<br />Sales, Peddlers and Itinerant Merchants.
<br />
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