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277 WHEREAS, a bona fide effort has been made to acquire the Property by purchase from the Owner, but the parties have not agreed on the price or terms of a purchase of the Property; and WHEREAS, it appears that the City has no recourse but to acquire the Property for this proposed public use through the exercise of its power of eminent domain as authorized by the Code of Virginia and the Charter of the City of Charlottesville; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the Mayor and Council approve of the Rugby Road improvements, including construction of public bicycle lanes thereon for public use, and the Mayor and Council hereby find and declare that acquisition of the Property is necessary for this public purpose; therefore, the Mayor and Council hereby direct and authorize the acquisition of the Property for said public use by condemnation or other means; and BE IT FURTHER RESOLVED that the City Attorney or his Deputy is hereby authorized and directed to institute eminent domain proceedings (including those authorized under Title 15.2, Article 3 and Title 33.1, Article 7 of the Code of Virginia) for the acquisition of the Property, and the City Attorney or his Deputy is further authorized and directed to execute, issue and file all such instruments as may be necessary for or in connection with any condemnation proceedings, or other means of acquisition, including, without limitation, issuance ora certificate in lieu of payment as described within §15.2-1904, §33.1-121and § 33.1-122 of the Code of Virginia. ORDINANCE: CLOSING AN ALLEY OFF CARLTON ROAD (JOTZ PLAZA) Mr. Gouldman said there is a possibility that this ordinance will need to be amended at the next meeting. On motion by Mr. Caravati, seconded by Mr. Lynch, the ordinance entitled "AN ORDINANCE CLOSING, VACATING AND DISCONTINUING AN ALLEY OFF CARLTON ROAD" was offered and carried over to the next meeting for consideration. PUBLIC There were no matters by the public. OTHER BUSINESS Mr. Caravati noted that the next regular Council meeting will be held on Tuesday, January 16th because Martin Luther King, Jr. Day will be observed on Monday, January 15th. Mr. Caravati said that Lee-Jackson Day, which was previously combined with Martin Luther King, Jr. Day, will be observed on Friday, January 12th. Ms. Richards said Council had discussed naming a street after Martin Luther King, Jr, and asked about the status of that. Mr. Caravati said he is having discussions with community members about the suggestion. On motion by Mr. Toscano, seconded by Ms. Richards, Council voted (Ayes: Mr. Caravati, Mr. Lynch, Ms. Richards, Mr. Toscano. Noes: None. Absent: Mr. Cox) to go into a closed session for the purpose of consultation with legal counsel and briefings by staff members, c°nsultants or attorneys on a rnatter pertaining to actual or probable litigation, where such briefmg in an open meeting would adversely affect the negotiating or litigating position of the City, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, as authorized by Section 2.1-344(A)(7) of the Virginia Code. Council reconvened in open session and, on motion by Mr. Toscano, seconded by Mr. Lynch, approved the following certification of closed meeting by the following vote. I