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110 <br /> <br />roads, alleys and adjacent sidewalks within such public <br />housing projects, and pursuant to that Agreement, accepted <br />the dedication of the street designated as Hardy Dr.ive <br />within the boundaries of the Westhaven Public Housing <br />Project; and <br /> <br /> WHEREAS, on September 3, 1985, pursuant to a request <br />of the Authority the City vacated the public right-of~way <br />of Hardy Drive in order to restore the Authority's full <br />ownership and control over that street for law enforcement <br />purposes; <br /> <br /> NOW, THEREFORE, the Cooperation Agreement of May 13, <br />19S8 between the City and the Authority is hereby amended <br />by the inclusion in paragraph 6 thereof of a subparagraph <br />(d) as follows: <br /> <br /> (d) Notwithstanding the provisions of the <br />ordinance adopted by City Council on September 3, 1985 to <br />vacate the public right-of-way of Hardy Drive within the <br />Westhaven subdivision, ~he Municipality agrees that it <br />will continue, in consideration of the payments in lieu of <br />taxes made by the local Authority pursuant to this Agreement, <br />to maintain Hardy Drive and its adjacent sidewalks. Such <br />maintenance shall include, but not be limited to, repair <br />and r6placement of paved surfaces and snow removal. The <br />Municipality likewise agrees that it will maintain all <br />underground water, gas, and storm and sanitary sewer mains <br />within Hardy Drive ~n~ the same manner as if it remained as <br />a public street, and will continue to-provide fire., refuse <br />collection and police protection services along Hardy Drive <br />in like manner. <br /> <br /> All other provisions of the Cooperation Agreement of <br />May 13, 19S8, as heretofor6 amended, shall remain in full <br />force and effect. <br /> <br /> IN WITNESS WHEREOF, the City and the Authority have <br />caused this Amendment to be executed by their respective <br />presiding officers, with their respective seals to be <br />affixed and attested as of the day and year first above <br />written. <br /> <br /> Mr. Hendrix explained that the modification to the <br />Cooperation Agreement will provide that the City will <br />continue to maintain the street, sidewalks, and utilities <br />on Hardy Drive after it i.s vacated. <br /> <br /> On motion by Dr. Hall, seconded by Dr.' Gun,er, the <br />above resolution was offered and unanmmously approved by <br />Council. <br /> <br />RESOLUTION: AUTHORIZING TRANSIT GRANT (continued from previous page) <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville, Virginia that the City Manager is hereby <br />authorized to execut~ on behalf of the City the following <br />document, in form approved by the City Attorney. <br /> <br />Federal grant application for Transit <br />capital and operating funds for Fiscal <br />Year 1985-86. <br /> <br /> A copy of such document shall be kept on file with <br />the minutes of the Council meeting at which this resolution <br />was adopted. <br /> <br />ORDINANCE: CLOSING A PORTION OF HARDY DRIVE C2nd reading) <br /> <br /> The ordinance entitled "AN ORDINANCE CLOSING, VACATING <br />AND DISCONTINUING A PORTION OF HARDY DRIVE" which was <br />offered at the meeting of August 19th, was approved by the <br />following vote. Ayes: Mr. Barnes, Mr. Buck, Mrs. Gleason, <br />Dr. Gunter, Dr. Hall. Noes: None. <br /> <br /> <br />