Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-14
THE SELECT COUNCIL
Report Of City Attorney on Refund
ing Of Certain Assessments.
Only Few of Plume Street Property Own
ors win Get Mopoy Back Delinquent
Tax collcctor-Thoatro Ordinances Pass
Much Concurrent Business.

1t was announced last week that
there would be q joint meeting of the
Councils last night, at which a collec-
tor Of delinquent personal taxes would
be chosen, but only the Select branch
met, the joint meeting being postponed
until later in the week.
The most important matter before the
Select Council was the report of the
City Attorney upon the refunding of
the local assessments for the Plume
street improvements. and the ordinance
accompanying this report. The SUI
preme Court of Appeals having decided
the case of w. A. Young vs.. the CITY
OF Norfolk against the city, and this
being case to test the validity of the
local assessments referred to, 1t was
generally supposed that the entire as
sessments, aggregating about $50, 900.
would have to be refunded by the
city.
The City Attorney, however. advised
the FINANCE Committee and the Coun-
CHS that only q portion of the persons
assessed for the Improvement paid
their assessment upon the condition
that Mr.. Young paid his; that is, upon
the assurance of the Councils that if
the matter was decided against the
city by the Supreme Court of Appeals
the assessment would be refunded. The
city Attorney believes that those who
paid the assessment before the Coun-
CHS made this promise as to, refunding
the assessments upon a stated confli-
ton and those who petitioned for the
Improvement have no claim upon the
city for the return Of their portion of
the assessment 10 CT to III
port, however, that he has resolved all.
doubts In favor of the city. and If
there are those who think that thew
are wronged by his decision, they have
legal remedy. 1t Is, therefore, likely
that the matter may be carried to the
courts again.
The Finance Committee favorably re-
ported the following resolution. which
was passed:
TO REFUND PART OF TAX.
Whereas. The Councils of the CITY
OF Norfolk did on the Sd and Sth DAYS
OF January, 1895, promise to reDay cor
tain local assessments paid eS-CItv
collector Hofheimer in the event that
such assessments should be declared
Illegal by the Supreme Court of Appeals
of Virginia; and
whereas, said court has decided in
erect that certain of the assessments
are illegal; and
Whereas, the City Attorney has
given his opinion that the city Is legally
bound to return the assessments here
matter mentioned by reason of said
resolution; and
Whereas, numerous petitions to the
Councils have been filed by parties ask
ing for the repayment of local assess
ments paid by them; therefore be 1t
Resolved, BY the Common and Sc
iect Councils OF the city of Norfolk
that the sum of $1,000. or so much
thereof as may be necessary Is here
by appropriated to be paid by the CITY
Treasurer without further reference to
the Councils, out of the bond redemp-
ton fund. The City Treasurer, out of
such appropriation, without further ref
erence TO the Councils, shall nav to
each Cor his duty authorized agent or
attorney of such of those who have pc
titioned for repayment as did pay to
ex-Ctty Collector Hofhcimer IA local as
sessment for improvements in the old
wards after the passage of the resolu-
ton passed by the Councils on the Sd
and Sth days OF January 1885, and did
not petition the Councils to make the
Improvement or promise to pay for the,
same such sums as each respectively
shall have paid ex-City Collector Hof-
heimer as aforesaid. with interest
thereon at the rate of six per centum
per annum from the date of such pay
ment to the passage of this resolution"
DELINQUENT TAX COLLECTOR.
The ordinance providing for a dcIin-
quent tax collector was presented by
the Auditing Committee and passed
1t provides that the Collector OF De-
linqLent Personal Taxes shall serve two
years, unless sooner removed by the
Councils. The City Treasurer is di-
rccted to turn over to the collector all
bills of delinquent personal taxes for
the years of 1890 Ito 1896, inclusive, and
the taxes for any year previous to the
year 1890. whenever the Auditing Com
mittee of the Councils shall think prop
er, and charge the same to the said col
lector.
1t further provides that hereafter the
City Treasurer shall turn over to the
collector all bills for delinquent per-
sonal taxes for which the collector of
taxes shall hereafter be given credit by
the Auditing Committee. The lists of
Atlantic city and Brambleton wards
arc to be kept separate. The collector
shall settle weekly with the City Urea
surcr, after deducting the twenty per
cent. allowed him as compensation.
The collector is required to give a
IS, 600 bond. He is given the powers OF
collection by distraint or otherwise.
The Auditing Committee is required to
examine monthly the lists turned over
to the City Treasurer by the collector,
and report the statement of the total
amount to the Councils.
THEATRE ORDINANCE PASSED.
The ordinance against the wearing of
hats in thea tres is now a law. 1t went
through the Select branch without a
dissenting vote.
The ordinance imposing a $50 license
tax upon speculators in theatre tickets