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• <br />• <br />a• <br />Ll <br />0 <br />• <br />COMMUNICATION RE: <br />CITY ATTORNEY OPINION <br />HOUSING DEVELOPMENT <br />COUNCIL CHAMBER - APRIL 23, 1953 <br />PURSUANT TO THE FOLLOWING CALL: <br />MR. R. M. DAVIS <br />MR. S. D. FORBES <br />MR. W. R. HILL <br />MR..GUS K. TEBELL <br />MR. SOL B. WEINBERG <br />TAKE NOTICE <br />A SPECIAL MEETING OF THE COUNCIL WILL BE HELD THIS EVENING THE <br />23RD INST. AT 7:30 P. M. O'CLOCK. <br />1. HOUSING COMMITTEE. <br />2. TAX LEVY ORDINANCE. <br />BY ORDER OF <br />M. M. P E N C E _�.1.3�'rlJ:it1 <br />CLERK <br />W. P H.Lj j ._L.Ljg�EPj_ <br />PRESIDENT <br />A SPECIAL MEETING OF THE COUNCIL WAS HELD ON THIS DATE WITH THE FOLLOWING <br />MEMBERS PRESENT: MR. DAV 1 S, `MR. FORBES, NIR. HILL* MR. TEBELL AND MR. WE I NBERG. <br />ABSENT: NONE. <br />V/THE FOLLOWING COMMUNICATION FROM THE CITY ATTORNEY WAS PRESENTED: <br />CHARLOTTESVILLE, VIRGINIA <br />APRIL 21, 1953 <br />HONORABLE WILLIAM R. HILL, MAYOR <br />CITY HALL <br />CHARLOTTESVILLE, VIRGINIA <br />DEAR MAYOR HILL: <br />YOU ASKED ME SEVERAL DAYS AGO TO RENDER AN OPINION ON THE QUESTION OF <br />THE LEGALITY. OF THE CITY OF CHARLOTTESVILLE BUYING LAND FOR THE PURPOSE OF <br />MAKING IT AVAILABLE TO PRIVATE INDIVIDUALS OR FIRMS IN AN EFFORT TO ENCOURAGE <br />OR ASSIST IN A LOW COST HOUSING DEVELOPMENT, <br />I HAVE GIVEN CONSIDERABLE TIME AND STUDY TO THIS QUESTION AND AM NOW OF <br />THE OPINION THAT IT WOULD NOT BE LEGAI.LY PROPER FOR THE CITY TO MAKE AN <br />EXPENDITURE OF FUNDS FOR THE PURPOSE. I THINK THAT SUCH ACTION WOULD BE <br />BEYOND THE WELL—DEFINED POWERS GIVEN THE CITY BY THE VIRGINIA GENERAL ASSEMBLY. <br />MY OPINION WOULD NOT BE ALTERED EVEN IF IT SHOULD DEVELOP THAT THE LAND <br />ACQUIRED THROUGH THE USE OF PUBLIC FUNDS IS TO BE RESOLD FOR SUCH AMOUNTS AS <br />WILL TOTALLY REIMBURSE THE CITY. THE DIFFICULTY WITH SUCH AN ARRANGEMENT IS <br />THAT UNTIL SUCH REIMBURSEMENT IS MADE,.THE CITY HAS MADE AN UNLAWFUL EXPEN— <br />DITURE OF FUNDS AND HAS NO POSITIVE GUARANTEE THAT IT WILL BE REIMBURSED IN <br />FULL, <br />THERE SEEMS TO BE LITTLE DOUBT THAT THE PROJECT WOULD BE DESIGNED TO <br />BENEFIT A SELECT GROUP OF PEOPLE WHO CAN PAY OVER A PERIOD OF YEARS EITHER <br />RENT OR THE FULL PURCHASE PRICE FOR RATHER SUBSTANTIAL HOUSES. THIS PURPOSE <br />WOULD NOT IN MY JUDGMENT CONSTITUTE A GENERAL PUBLIC PURPOSE ALTHOUGH THERE <br />MAY BE SOME INDIRECT BENEFIT TO PERSONS WHO ARE NOW RECEIVING WELFARE ASSIS— <br />TANCE, <br />RESPECTFULLY YOURS, <br />.JOHN S. BATTLE, JR. (SIGNED) <br />.JOHN S. BATTLE, JR. <br />CITY ATTORNEY <br />JSBJR:ALL <br />MR. FRANCIS FIFE, CHAIRMAN, AND OTHER MEMBERS OF THE HOUSING COMMITTEE <br />MET WITH THE COUNCIL TO DISCUSS THE MATTER WITH RESPECT TO A PROGRAM TO PRO— <br />VIDE LOW COST HOUSING IN CHARLOTTESVILLE. THE COMMITTEE ADVISED OF ITS WORK <br />MATTER RE: IN THIS MATTER SINCE MEETING WITH THE COUNCIL ON JANUARY 269 1953, AND <br />LOW COST HOUSING IN <br />CHARLOTTESVILLE SEVERAL PIECES OF PROPERTY WERE DISCUSSED WITH REGARD TO BEING DEVELOPED TO <br />PROVIDE HOUSING FOR THOSE IN THE LOWER INCOME BRACKET. AFTER CONSIDERABLE <br />DISCUSSION, A MOTION BY MR. DAVIS, SECONDED BY MR. WEINBERG, THAT THE COUNCIL <br />REQUEST THAT THE HOUSING COMMITTEE OBTAIN A PRICE ON THE PROPERTY UNDER <br />DISCUSSION AND THAT THE CITY FURNISH THE COMMITTEE WITH AN EXTIMATE OF THE <br />COST OF THE INSTALLATION OF GAS, WATER AND SEWER MAINS, WAS UNANIMOUSLY <br />JADOPTED. <br />A <br />