1962-11-05 - Laserfiche WebLink

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CHANGE. OF" STREET NAME 17TN ST.~ N. ~. TO TUNLAW PLACE APPROPRIATION - REFUND TAXES -CHVILLE REDEVELOPMENT AND HOUSING AUTHORITY CITY ATTORNEYWS REPORT RE: PROPERTY LINES ON WATER STREET RESOLUTION ADOPTED RE: 8TH ST,~ N. W. -VACATED PHi AND RECORDING FOR THE BLIND LIBRARY WERE DECLARED NON PROFIT ORGANIZATIONS UNDER SECTION 89(D) OF THE LICENSE TAX ORDINANCE, A COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THAT THE NAME OF 17TH STREET, No W. BETWEEN BURNLEY AVENUE AND ROSSER AVENUE SE CHANGED TO TUNLAW PLACE, ON MOTION BY MR. MOUNT~ SECONDED BY MR. PONTON~ THE FOREGOING RECOMMENDATION WAS ADOPTED. ON MOTION BY MR. PONTON~ SECONDED BY MR, LEE~ THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING RECORDED VOTE: AYES= MR. HAGGERTY~ MR. LEE~ MR. MOUNT~ HR. PONTON AND MR. SCRIBNER. NoEs::NoNE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT ~597.8G BE AND THE SAME IS HEREBY APPROPRIATED FOR TAXES PAID IN ERROR BY THE CHARLOTTESVILLE REDEVELOPMENT AND HOUSING AUTHORITY. THE FOLLOWING REPORT OF THE CITY ATTORNEY WAS PRESENTED: NOVEMBER 2~ 1962 To M£MBERS OF THE CITY COUNCIL CITY OF CHARLOTTESVILLE) VIRGINIA GENTLEMEN: IN SEVERAL SECTIONS OF THE CITY AND ESPECIALLY AT THE EASTERN END OF WATER STREET THERE ARE EXISTING BUILDINGS WHICH ENCROACH tN THE STREET RIGHT OF WAY. YOu ASKED ME WHAT RIGHTS THE CITY HAS WITH RESPECT TO THESE ENCROACHMENTS. BY STATE LAW, SECTION 15-776~ WHICH TO AN EXTENT ABROGATES THE COMMON LAW~ THE COUNCIL MAY PERMIT SUCH ENCROACHMENTS BY ORDINANCE UNDER SUCH LIMITATIONS AS THE COUNCIL MAY PRESCRIBE UNTIL SUCH TIME AS THE ENCROACH- ING BUILDINGS ARE DESTROYED OR REMOVED. SINCE THE CITY HAS ACCEPTED WATER'STREET AS A 66 FOOT STREET AND HAS NEVER ABANDONED OR ~ACATED SUCH STREET RIGHT OF WAY~ MERE NONUSER OF A PORTION OF THE WIDTH OF A STREET NOT WORKING AN ABANDONMENT, THE COUNCIL COULD ALSO IMMEDIATELY REQUIRE SUCH OBSTRUCTIONS~ WHICH INTERFER WITH THE PUBLICmS USE OF THE FULL 6~ FOOT STREET~ TO BE DEMOLISHED. HOWEVER~ AS STATED ABOVE~ THE STATE LAW, AND ALSO THE CITY CHARTER~ SECTION 42, GIVES THE COUNCIL THE RIGHT TO PERMIT SUCH ENCROACHMENTS. OUR CHARTER SECTION FURTHER EMPHASIZES THE COMMON LAW RULE THAT NO ENCROACHMENT UPON ANY STREET~ HOWEVER LONG CONTINUED~ SHALL CONSTITUTE AN ADVERSE POSSESSION THERETO OR CONFER ANY RIGHT UPON THE PERSON CLAIMING THEREUNDER AS AGAINST THE CITY. THEREFORE~ IF THE COUNCIL DECIDES TO PERMIT THE ENCROACHMENTS ALONG WATER STREET~ THEN IT MUST DO SO BY AN ORDINANCE WHICH WOULD LIMIT SUCH ENCROACHMENT UNTIL THE BUILDING WAS DESTROYED OR REMOVED AND COULD SET FORTH OTHER LIMITATIONS kS THE COUNCIL DEEMS PROPER. IF SUCH AN ORDINANCE IS ENACTED THEN SECTION 30-7 oF THE CITY CODE WILL HAVE TO BE AMENDED SO THAT THE CiTY MANAGER WwNAY~ REQUIRE THE OWNER TO REMOVE THE SAME (ENCROACH- MENT) INSTEAD OF ~SHALL~. RESPECTFULLY SUBMITTED, PAUL D. SUMMERS, JR. (SIGNED) PAUL D. SUMMERS~ JR. CITY ATTORNEY A MOTION BY MR. SCRIBNER~ SECONDED BY MR. LEE THAT ACTION BE POSTPONED FOR FURTHER CONSIDERATION WAS ADOPTED BY THE FOLLOWING VOTE: AYES: MR. HAGGERTY, MR, LEE~ MR. PONTON AND MR. SCRIBNER. NOES: MR. MOUNT. THE MAYOR REFERRED THE FOREGOING REPORT TO A COMMITTEE COMPOSED OF MR. SCRIBNER~ MR. PONTON~ MR. BOGEN AND MR. SUMMERS FOR STUDY AND RECOMMENDATION. ON MOTION BY MR. SCRIBNER~ SECONDED BY MR, LEE~ THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT PURSUANT TO AUTHORITY GRANTED TO THIS COUNCIL BY THE CHARTER OF THE CITY OF CHARLOTTESVILLE) 8TH STREET, N. W. BE AND IT IS HEREBY CLOSED AND VACATED FROM ITS SOUTHERN END NORTH TO A LINE WHICH IS THE EXTENSION OF THE SOUTHERN MARGIN OF 8TH STREET LANE TO THE WESTERN MARGIN OF 8TH STREET~ N. W.