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82 APPROPRIATION: EXPANSION $11,111.00 PIEDMONT VIRGINIA COMMUNITY COLLEGE On motion by Dr. Gunter, seconded by Mrs. Gleason, the $11,111.S0 appropriation for expansion at Piedmont Virginia Community College was offered and carried over to the next meeting for consideration. RESOLUTION: RELEASING USE RESTRICTIONS IN 1968 WATER AND SEWER CONTRACT FOR PROPERTY IN WESTFIELD SUBDIVISION Mr. Roger Wiley, City Attorney, stated that previous to Albemarle County having a zoning ordinance, it was the practice of the City to include use restrictions in contracts of property served by City water and sewer, but the reatriction was no longer necessary. On motion by Mrs. Gleason, seconded by Mr. Barnes, the Resolution Releasing Use Restriction in 1968 Water and Sewer Contract for Property in Westfield Subdivision was unanimously approved by Council. WHEREAS, by a contract dated June 25, 1968, City Council agreed that the City of Charlottesville would provide water, sanitary sewer and natural gas service to 'a certain tract of land in Albemarle County adjoining and lying northwest of Route 29 North, known as Section I of Westfield Subdivision (the "Property"); and WHEREAS, one of the provisions of that contract restricts land use on Lots comprising the Property to uses permitted by Article IX (B-2 Business Districts) of the City Zoning Ordinance of 1955 as it existed at the time of that contract and provided that such land uses could not henceforth be changed by the owners without prior approval of the City Council; and WHEREAS, that provision was written at a time when the City enjoyed certain extraterritorial land' use powers under the Code of Virginia, and when the City owned and operated water and sewer utilities as well as natural gas distribution systems outside of its corporate limits; and WHEREAS, with the repeal of the City's extraterritorial land use powers and the development by the County of~ Albemarle of a full-scale zoning and land use control program, and with the sale of the City's water and sewer lines to the Albemarle County Service Authority which took place in 1975, it became unnecessary and inadvisable for the City any longer to attempt to control land use on the Property or other tracts of land similarly situated outside the corporate limits of the City; and WHEREAS, the present owners of a portion of the Property have asked the Council to clarify its position with respect to enforcement of the aforesaid provision of the June 2S, 1968 contract; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the aforesaid land use control provision contained in Paragraph 9 of the contract dated June 25, 1968 between the City and Charles W. Hurt, et al., of record in the Clerk's Office of the'Circuit Court of Albemarle County in Deed Book 4SS, at Page 085, is deemed by the Council no longer to be enforceable; and the Property which is the subject of that contract is no longer deemed restricted to those uses set forth in Article IX of Appendix II of the Code of the City of Charlottesville, 196S, as amended, but is subject only to those provisions of the zoning ordinance of the County of Albemarle currently applicable to it.