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279 <br /> <br /> 1. The City Manager or the Director of Finance of the <br />City is hereby authorized to make suCh declarations, maintain <br />such books and records, make such entries in such books and <br />records~ make such certifications~ and take such other <br />action~ as may be necessary or advisable to comply with the <br />regulations referred to in the preambles hereto, as the same <br />may be amended, supplemented or superseded, in order that <br />reimbursement from proceeds of debt hereafter issues by the <br />City may be treated as expenditures thereof. <br /> <br />2. This resolution shall take effect upon its adoption. <br /> <br />RESOLUTION: AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR STORM <br />DRAINAGE EASEMENT <br /> <br /> Mr. Hendrix explained that staff have been unable to <br />reach an agreement with the owner of the property at the <br />corner of Park and Wine Streets for a storm drainage <br />easement and.the resolution will authorize eminent domain <br />proceedings which will allow the court to decide the fair <br />value of the property so the project can proceed. <br /> <br /> Responding to a question regarding the tree ordinance, <br />Mr. G0uldman replied that the City will comply with any <br />applicable requirements. <br /> <br /> On motion by Ms. Slaughter, seconded by Rev. Edwards, <br />the resolution authorizing eminent domain proceedings for a <br />storm drainage easement was unanimously approved by Council. <br /> <br /> WHEREAS, the City of Charlottesville, in order to <br />complete the installation of storm drainage facilities in and <br />around Park Street, needs a permanent easement across <br />property designated as Parcel 2 on City Tax Map 53, owned by <br />James E. Treakle, Jr. and Rebecca H. Treakle; and <br /> <br /> WHEREAS, bona fide efforts have been made to acquire the <br />easement by purchase from the owner, but the efforts have <br />been ineffectual because of the inability to agree on the <br />price or terms of sale of the easement; and <br /> <br /> WHEREAS, the City has no recourse but to acquire the <br />easement through the exercise of its power, of eminent domain <br />as authorized by the Code of Virginia and the Charter of the <br />City of Charlottesville; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the <br />City of Charlottesville, Virginia, that the Mayor and Council <br />support and endorse the storm drainage project and concur <br />that its installation and the acquisition of the easement <br />satisfy a public purpose and necessity; and <br /> <br /> BE IT FURTHER RESOLVED by the Council of the City of <br />Charlottesville, Virginia that such a public necessity is <br />hereby declared to exist for the acquisition of an easement <br />across Parcel 2 of City Tax Map 53, as more particularly <br />described on the attached plat, in order to fulfill the <br />public purpose of providing storm drainage facilities in the <br />Park Street area; and <br /> <br /> BE IT' FURTHER RESOLVED by the Council of the City of <br />Charlottesville, Virginia that the City is authorized to <br />acquire the easement and to enter upon the property of James <br />E. Treakle, Jr. and Rebecca Ho Treakle, to install certain <br />storm drainage facilities, as provided in Sections 33.1-119 <br />and 33.1-120 of the Code of Virginia (1950), as amended; and <br /> <br /> BE IT FURTHER RESOLVED by the Council of the City of <br />Charlottesville, Virginia that the City Attorney is hereby <br />authorized and directed to institute eminent domain <br />proceedings (including those authorized under Sections <br />33.1-119 and 33.1-120 of the Code of Virginia) to acquire the <br />said easement across property identified as Parcel 2 on City <br /> <br /> <br />