MINUTES 1951 - Laserfiche WebLink

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r 2 4 ON MOTION, DULY MADE AND SECONDED, THE FOLLOWING REPORT WAS UNANIMOUSLY ADOPTED: REPORT RE: ACCEPTANCE OF SHERWOOD RD. & PORTION OF OXFORD RD. INTO CITY STREET SYSTEM CITY ATTORNEYS OPINION RE: WHETHER wORK PERFORMED BY CITY ON UNDEDICATED STREET WOULD CONSTITUTE ACCEPTANCE & MAINTENANCE BY CITY. STREET COMMITTEE'S REPORT RE: HARMON AVE. ADOPTED. CLAIMS AGAINST DOG FUND. JUNE 30, 1951 TO THE MEMBERS OF THE COUNCIL CITY OF CHARLOTTESVILLE, VIRGINIA GENTLEMEN: WITH REFERENCE TO THE PETITION RELATIVE TO SHERWOOD ROAD AND A PORTION OF OXFORD ROAD, WE RESPECTFULLY RECOMMEND THAT THE PORTION OF THESE STREETS WHICH HAVE BEEN PROPERLY GRADED AND STONED BE ACCEPTED INTO THE CITY STREET SYSTEM FOR MAINTENANCE. RESPECTFULLY SUBMITTED, r � 1ff • =ml THE FOLLOWING OPINION FROM THE CITY ATTORNEY WAS PRESENTED: JUNE 29, 1951 MR. JAMES E. BOWEN, CITY MANAGER CITY HALL CHARLOTTESVILLE, VIRGINIA DEAR MR. BOWEN: IN A LETTER FROM MR. MAUPIN PENCE UNDER DATE OF JUNE 19, 1951, 1 NOTE THAT THE COUNCIL DESIRES AN OPINION AS TO "WHETHER WORK PERFORMED BY THE CITY ON AN UNDEDICATED STREET WOULD CONSTITUTE ACCEPTANCE AND MAINTENANCE BY THE CITY"r THIS SITUATION WAS SOMEWHAT CLARIFIED BY YOU OVER THE TELEPHONE YESTERDAY, WHEN YOU STATED THAT THE COUNCIL HAD IN MIND HARMON STREET, WHICH HAS BEEN DEDICATED BUT NOT ACCEPTED BY THE CITY. THE QUESTION THEN ARISING IS WHETHER OR NOT WORK PERFORMED ON THIS STREET RY THE CITY WOULD CONSTITUTE AN ACCEPTANCE OF IT INTO THE CITY SYSTEM. CAN FIND NO STATUTE OR COURT DECISION IN VIRGINIA DIRECTLY IN POINT, HOWEVER, HAVE READ A NUMBER OF DECISIONS FROM OTHER STATES AND FIND THAT IN PRACTICALLY EVERY INSTANCE A STREET SUCH AS THIS IS CONSIDERED UNACCEPTED UNLESS THE CITY CLEARLY DISPLAYS A DECISION TO ACCEPT IT* IT WAS HELD IN LaNc tiQ- RARRER AREH d� P VLN_G_ CO._, 151 Ky. 19 151 S. W. 6, THAT PAERE IMPROVEMENT OF A STREET IS NOT ALWAYS SUFFICIENT TO CONSTITUTE ACCEPT- ANCE. IT WOULD THEREFORE BE tAy OPINION THAT IF THE CITY UNDERTAKES TO IMPROVE PARTS OF HART -ION STREET, AFTER MAKING IT CLEARLY UNDERSTOOD BY PROPER RESOLUTION OF THE COUNCIL THAT IN SO DOING IT IS NOT IN ANY WAY ACCEPTING THE STREET INTO THE CITY SYSTEM, THEN SUCH WORK MOULD NOT CONSTITUTE AN ACCEPTANCE. OF COURSE THE CHART OF CITY STREETS SHOULD CONTINUE TO SHOW THIS STREET AS BEING UNACCEPTED, IF THIS OPINION IS NOT ENTIRELY CLEAR, OR IF YOU OR THE COUNCIL SHOULD WISH ME TO AMPLIFY IT IN ANY WAY PLEASE DO NOT HESITATE TO LET ME KNOW. VERY TRULY YOURS, JOHu—S. BATTLF_s. JR.__(SLG_NEDj JOHN S. BATTLE, JR. CITY ATTORNEY JSB JR: FH --- A MOTION BY MR. BARR$ SECONDED BY NIR. HADEN, THAT THE STREET COMMITTEE'S REPORT RELATIVE TO HAR%ION AVENUE, WHICH WAS PRESENTED AT THE LAST REGULAR MEETING, BE APPROVED AND THAT THE CITY MANAGER BE AUTHORIZED TO SURFACE TREAT THAT SECTION OF HARMON AVENUE FROM STADIUM ROAD TO LOT #21 WITH THE DISTINCT UNDERSTANDING THAT THE CITY IS NOT ACCEPTING ANY PORTION OF HARMON AVENUE INTO THE CITY STREET SYSTEM FOR MAINTENANCE AS A RESULT OF THIS WORK, WAS UNANIMOUS- LY ADOPTED. ON MOTION CLAIM AGAINST THE DOG FUND OF ANNIE E. NIMMO FOR $1.58 WAS ORDERED PAID, AND CLAIM OF ELIZABETH C. BURNET OF $5.00 FOR RABBIT DESTROYED WAS REFERRED BACK TO THE LAME WARDEN FOR EXPLANATION AS TO DETERMINATION OF VALUE PLACED ON THE RABBIT. • • 1 •