1980-07-21 - Laserfiche WebLink

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carried with the Ms. Gleason, Dr.~Hall. reads as follows: vote. Ayes: Mr. Albro, Mr. Buck, No: Mr. Conover. The amended resolution 295 WHEREAS, on January 16, 1979, this Council granted to C.F. Corporation a apecial permit for development of the property comprising the hlock hounded by Jefferson, Third, High and Second Streets, NE; and WHEREAS, since June 16, 1979, the development of such property has been delayed by the pendency of litigation challenging the validity of such special permit and the City ordinances under which it was granted; and WHEREAS~su.ah:special permit was held valid by a final order of the Circuit Court.of the City of Charlottesville entered April 23, 1980~ which, is currently being appealed to the Supreme Court of Virginia; and WHEREAS by the normal operation of Section 31-225 of the City Code, such special permit~would expire on July 16, 1980; and WHEREAS this Council finds that due process of law and fundamental fairness to the parties invOlved in this litigation dictate that the status quo should be preserved until the legal issues presented therein have been finally resolved; now, therefore, be it RESOLVED by the Council of the City'of Charlottesville, Virginia, that the time limitation imposed by City Code Section 31-225 upon the special permit granted to C.F. Corporation on January 16, 1979, hm~eby extended to a date 12 months after the date of a final, non- appealable order entered by a court of competent jurisdiction to dispose of any pending litigation challenging the validity of such permit or the ordinances under which it was granted. :,.:, The question of the ~acant lot being maintained was brought up and Mr. Martin assured Council that the lot would be mowed and maintained as promised. Resolution re: Requesting Va.~Dept. of Highways & Transportation to improve railroad crossings in the City On motion by Mr. Conover, seconded by Dr. Hall, the following resolution was adopted by the following vote. Mr. Albro, Mr. Buck, Mr. Conover, Ms. Gleason, Dr. Hall. None. Ayes: Noes: WHEREAS the Council has determined that it is necessary and appropriate for the future transportation safety needs of the City to initiate improvements to a number of railroad grade corssings within the corporate limits; and WHEREAS the Virginia Department of Highways and Transportation requires a formal request for the establishment of such..a project and certain commitments on the part of the City Council before betheitdepartment can initiate work on such project; now, therefore, RESOLVE.D by the Council of the City of Charlottesville: 1. That the Virginia Department of Highways and Transportation ~_is hereby requested to establish a project within the corporate limits of the City of Charlottesville for the installation of crossing gates and other Safety improvements in the following order: (a) C&O Railway Crossing at 7th Street, SW (b) C&O & Southern Railway Crossing at 9th Street, SW That the City hereby agrees to pay its share of the cost of engineering, acquisitio~ of right-Of-way and construction of such project under the cos~ formula of ninety-five percent from the Department and five percent from the City. 3. That the City further agrees that if such project is established as herein requested and, thereafter, the City elects not to continue with such project for any individual crossing to completion, the City will repay the department for one hundred percent of the cost incurred by the department for such indivi~ ual crossing, up to the time of such action by the City erminating such project.