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33 THE FOREGOING ESTIMATE WAS APPROVED BY THE SCHOOL BOARD OF THE CITY OF CHARLOTTESVILLE AT A SPECIAL MEETING ON MAY 12, 1959. • R. S. GOODMAN, ~R. (SIGNED) CHAIRMAN, SCHOOL BOARD CHARLOTTESVILLE, VIRGINIA THE FOLLOWING REPORT OF THE PLANNING COMMISSION WAS PRESENTED: MAY 15, 1959 CITY COUNCIL CITY HALL CHARLOTTESVILLE, VIRGINIA GENTLEMEN: THE CITY PLANNING COMMISSION WISHES TO MAKE THE FOLLOWING RECOMMENDATION ON THE LEWIS STREET MAffER REFERRED TO THEM BY THE CITY COUNCIL ON MAY 4, 1959. REPORT - PLANNING COMM. RE: LEWIS STREET IT iS THE RECOMMENDATION OF THE PLANNING COMMISSION THAT LEWIS STREET IS NOT NECESSARY IN THE DISTRIBUTION OF TRAFFIC AND THAT IF THE LEGAL PROBLEMS ARE SOLVED, IT WOULD NOT BE DETRIMENTAL TO THE CITY~S STREET SYSTEM TO CLOSE IT. RESPECTFULLY SUBMITTED, THOMPSDN A. DYKE (SIGNED) CITY PLANNING ENGINEER TAD:sB THE FOLLOWING REPORT OF THECITY ATTORNEY WAS PRESENTED; MAY 12, 1959 TO: THE MEMBERS OF THE CITY COUNCIL CITY OFCHARLOTTESVILLE GENTLEMEN: REPORT - CITY ATTORNEY RE: LEWIS STREET AT THE LAST REGULARLY CALLED MEETING ON MONDAY MAY 4, 1959, THE CITY ATTORNEY WAS REQUESTED TO RENDER AN OPINION TO THE PLANNING COMMISSION AND TO THE COUNCIL ON THE FEASIBILITY OF CLOSING LEWIS STREET BETWEEN EDNTAINE AVENUE TO MAURY AVENUE. BY THE CHARTER OF THE CITY OF CHARLOTTESVILLE, SECTION 13, PARAGRAPH FIRST, THE COUNCIL HAS THE EXPRESS AUTHORITY TO CLOSE OR VACATE STREETS WITHIN THEIR JURISDICTION. THE APPROPRIATE STATE STATUTES, ~ 15-766, 15-766.1, 15-766.2 VA. CODE ANN. (1950), SET FORTH THE PROCEDURE WHICH IS TO BE USED IN ACCOMPLISHING THE RIGHT OF THE CITY TO CLOSE A STREET. SECTION 15-766.1 AND 15-766.2 ARE UNAVAILABLE TO THE CITY AT THIS TIME SINCE BY THE EVIDENCE OF MR. BRUNGER AT THE COUNCIL HEARING ON MAY 4, 1959, THERE SEEMED TO BE PROPERTY OWNERS 4lHICH FALL 1JITHIN THE DEFINITIONS OF INTERESTED PARTIES AS SET FORTH IN 15-766.2, WHO ARE OPPOSED TO THE CLOSING OF THE STREET. SECTION 15-766.1 EXPRESSLY PROVIDES THAT A STREET CAN NOT BE VACATED IF IT ABRIDGES THE RIGHTS OF INTERESTED PARTIES. HOWEVER, UNDER S 15-766 VA. CODE ~NN. (195H SUPPL.) IT WOULD SEEM THAT ANY PROPERTY OWNER WHO MEETS THE STATUTORY REQUISITES AND WHO OESlRED TO CLOSE THE STREET HAS ANOTHER REMEDY. THIS WOULD BE THAT UPON APPLICATION BY THE PROPERTY OWNER, THE COUNCIL WOULD APPOINT THREE TO FIVE VIEWERS WHO WOULD BE PAID BY THE APPLICANT AND WHO WOULD MAKE A REPORT TO THE COUNCIL PURSUANT TO ~ 15-766. IT WOULD THEN BE THE COUNCIL'S DECISION AS TO WHETHER TO CLOSE THE STREET OR NOT BASED UPON THE VIEWERS REPORT AND OTHER EVIDENCE IF ANY. THEREFORE, IT IS MY OPINION THAT AS THE CONTROVERSY CURRENTLY IS PRESENTED, THE CITY CAN NOT CLOSE OR VACATE LEWIS STREET BETWEEN FDNTAINE AVENUE ANO MAURY AVENUE. RESPECTFULLY SUBMITTED, PAUL D.SUMMERS~ JR. (SIGNED) CITY ATTORNEY MR. EARL BRUNGER AND OTHERS WERE PRESENT AND A COPY OF THE CITY ATTORNEY S REPORT WAS GIVEN TO MR. BRUNGER. HE 1JAS ADVISED THAT IF HE WISHED TO PURSUE THE MATTER FURTHER, HE SHOULD FOLLOW PARAGRAPH 4 OF THE CITY ATTORNEYtS REPORT. AN ORDINANCE ENTITLED "ANNUAL TAX LEVY IMPOSING TAXES ON PERSONS AND PROPERTY ANNUAL TAX LEVY ORDINANCE ADOPTED. FOR THE PAYMENT OF INTEREST OF THE CITY DEBT, FOR CREATING A SINKING FUND THEREFOR, FOR THE SUPPORT OF CITY GOVERNMF_NT AND THE CITY SCHOOLS, AND FOR OTHER PURPOSES", was OFFERED BY MR. 4~EINBERG, SECONDED BY MR. DAVI$ AT THE REGULAR MEETING OF THE CHARLOT- TESVILLE CITY COUNCIL ON APRIL 20, 1959, AND CARRIED OVER TO A SPECIAL MEETING OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE ON APRIL 30, 1959 AND SUBSEQUENTLY CARRIED OVER TO A MEETING OF THE COUNCIL PRIOR TO MAY 31, 1959, WAS REOFFERED BY