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Home My WebLink About12-21-70~~~~~,~ Minutes of a special meeting of the Puladd Town Council, held December 21, 1970, at 11:45 A. M., in the Municipal Building. There were present: Vice-Mayor S. C. Frye, presiding. Councilmen: J. L. Congrove, S. G. Frye, Mason A. Vaughan, Raymond F. Ratcliff, J. H. White, A. L. Graham Absent: Wm. A. House and Glen K. Aust Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton _.... ~~ attorneys Garnett S. Moore ~ ~~:. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned, duly elected members of the Council of the Town of Pulaski,. Virginia, hereby waive notice of a Special Meeting of said Council at 11:45 A. M., on the 21st day of December, 1970, called by Mayor C. Robert Edens, in the Municipal (Offices in the Town of Pulaski, Virginia, for the purpose of adopting a Resolution for the closing of certain streets and alleys located on the South side of Route 99 nn property of the Downtown East, Incorporated. WITNESS our signatures t 1 The invocation was.given by Councilman White. PEC.MEETING FOR Vice-Mayor Frye stated the purpose of the special DOPTION F RESOL. meeting was for the adoption of a Resolution relative to the D CDOSE TS .& closing of certain streets within the Town of Pulaski as re- LLEYS N0. IDE RT.99 quested by the Downtown East, Incorporated, and being located on the South side of Route 99. Town Attorney Moore reported that Council upon its own motion and by Resolution of July 11, 1967, directed that certain streets and alleys on the North side of Route 99 be closed and abandoned, but that no action was taken for the closing of streets and alleys on the South Side of Route 99; December 21, 1970 that in view of the Petition and Notice of Application of Downtown East, Incorporated, filed November 25, 1970, Council should now con= Sider the old proceedings as well as the new petition and make a final determination of the entire matter. On motion of Councilman Vaughan, seconded by Councilman White, and carried on the following vote, the following Resolution was adopted appointing viewers and directing that notice be published that Council would consider this matter at its January 5, 1971 meeting: J. L. Congrove - aye J. H. White - aye Raymond F.Ratcliff - aye A. L. Graham = aye Mason A. Vaughan - aye S. G. Frye - aye R RC(1T.TTTT(1N BE IT RESOLVED BY THE COUNCIL OF THE TOWN E~' PULASKI, VIRGINIA, MEETING in Special Session on the 21st day of December, 1970: as follows: WHEREAS, the Council of the Town upon its own motion and by Resolution of July 11, 1967, directed the attorney for said Town to post such notice as required by individuals prior to filing a Petition with said Town, of the Town's motion to close certain streets, avenues and alleys within the Town of Pulaski, Virginia, and described in Public Notice heretofore given, which matter is pending bef ore the Council; and WHEREAS, a petition and application for the closing of certain streets within the Town of Pulaski were filed on the 25th day of November, 1970, by Downtown East, Incorporatedl, RESOLUTION which streets to be closed.. are described as follows: Those certain streets and alleys located, lying APPOINTING and being on the Southerly side of State Route ~~99, the streets and alleys being the same that provide access to those certain lots described in VIEWERS and shown on a Plat entitled "Pulaski Development Company", as shown on a plat of record in Plat Book 1, page 263A, and a plat entitled "Map Showing Property of Virginia-:Iron, Coal and Coke Company", as shown on a plat of record in Deed Book 74, page 308; in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, reference to which is herewith made; and all those certain streets and alleys that serve as a means of access to those lots contained in Blocks Eight (8), Nine (9), Ten (LO~,Eleven (11), Twelve (12); Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20}~ Twenty- (One (21), Twenty-Two (22), and Twenty-Three (23), as shown on a plat entitled "Pulaski Development Corporation", of record in Plat Book 1, page 263A, said streets being designated as the portion thereof lying south of Route ~~99 and ;a portion thereof ma:y be north 'of Route ~~99, said streets to be closed to be known and designated as Newbern Avenue, Kimball Avenue, Macgill Avenue, Common- wealth Avenue, Bridge Avenue, Bohannon Avenue and the portions of First and Second Streets shown on said plat; and the streets and alleys providing access to Sections 245, 234, and 238, as shown on what is known as the `~~e`~~l December 21, 1970 official Map of the Town of Pulaski, Virginia, said streets being part of the same streets described in the of orementioned proceeding now pending before Council; RESOLUTION it being the intention to include any and all streets and alleys lying within the boundaries described in the applica- nt's petition: and owned by Downtown East, Incorporated, both north and south of Route ~~99; and WHEREAS, it appears that proper notice as required by statute was posted in at least three places in the Town, including the Courthouse of the Circuit Court of Pulaski County, Virginia, on the 25th day of November, 1970, and at least ten (10) days have expired since the said posting; and WHEREAS, the Council after due consideration finds that the .old proceeding and the new petition should be heard together and a disposition made, the Council theref ore directs that the viewers hereinafter appointed, view the streets, avenues and alleys described in the petition filed by Downtown East, Incorporated, and also the one described in the Town resolution of July 11, 1967, and that all other steps necessary be followed to bring this matter pYOperly bef ore the Council for its final consideration; and, WHEREAS, said petitioner ha s; requested the Council to appoint the necessary viewers and to take other steps to properly determine this matter; CONTINUED NOW, THEREFORE, BE IT RESOLVED THAT: (1) The application be, and the same is hereby, received and filed. (2) Viewers be appointed as-f ollows: 1. W. M,. Board 2. C. L. Plunkett 3. E. C. Grigsby Alternate: G. C. Hall (3) Such viewers shall meet and report in writing whether in their opinion any, and if any, what, inconvenience would result from the vacation and closing of the street as requested in said petition a~-d those described in the of ore- mentioned Resolution. (4) That the. Clerk of the Council give written notice to all land owners affected by any changes caused by the closing of the streets, avenues and alleys, and further, that said Clerk o£ Council give public not~~e by publication of same in the Southwest Times, a Local newspaper, once a week for two consecutive weeks, the public hearing~to be not less;than five (5) days nor more than twenty (20) days after final ppblication; and that said notice describe the said street and set out therein that the Town may vacate end close same, and that the 5th day of January, 1971, be fixed as a date upon which the said Council will hold a public hearing upon all of the matters pending bef ore it, and that all persons interested may be heard either for or against any or .all of the said petition under consideration. [1 [] n .?~ ~~°~ December 21, 1970 (5) That the Said Town Manager and Attorney for said Town do any and all other things necessary for the proper determination of this matter. NOTICE THAT THE QUESTION OF CLOSING CERTAIN STREETS,. AVENUES AND ALLEYS LYING NORTH AND SOUTH OF ROUTE ~~99 WITHIN THE BOUNDARIES OF PROPERTY OWNED BY DOWNTOWN EAST, INCORPORATED, AND IN THE TOWN OF PULASKI IS PENDING BEFORE THE COUNCIL OF SAID TOWN TAKE NOTICE that the undersigned, Town of Pulaski, Virginia, upon its own motion and Resolution of July 11, 1967, and after being requested by the present owners to do so, has pending bef ore it THE QUESTION of whether certain streets, avenues and alleys within the boundaries of property of Downtown East, Incorporated, in the Town should be vacated and closed, said streets, avenues and alleys being more particularly described in the aforementioned Resolution and NOTICE Public Notice given pursuant thereto, as follows: DOWNTOWN Those certain streets and alleys located, lying and being on the Southerly side of State Route #99, the EAST, INC. ~ streets and alleys being the same that provide access to those certain lots described in and shown on a Plat entitled "Pulaski Development Company", as shown on a Plat of record in Plat Book 1, Page 263A, and a plat entitled "Map Showing Property of Virginia Iron, Coal and Coke Company", as shown on a plat of record in Heed Book 74, page 308, in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, reference to which is herewith made; and all those certain streets and alleys that serve as a means of access to those lots contained in Blocks Eight (5), Nine (9), Ten (10, Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen(19), Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty- three (23), as shown on a plat entitled "Pulaski Develop- ment Corporation", of record in Plat Book 1, page 263A, said streets being designated as the portion thereof lying wouth of Toure ~~99 and a portion thereof may be north of Route #99, said streets to be closed to be known and designated as Newbern Avenue, Kimball Avenue, Bohannon Avenue, Commonwealth Avenue, Bridge Avenue, Macgill Avenue, and the portions of First and Second Streets shown on said plat; and the streets and alleys providing access to Sections 245, 234, and 238, as shown on what is known as the Official Map of the Town of Pulaski, Virginia, said streets being part of the same streets descrived in the of ore- mentioned proceeding now pending bef ore Council; it being the intention to include any and all streets and alleys lying within the boundaries described in the applicant's petition and owned by Downtown East, Incorporated, both north and south of Route ~~99. TAKE FURTHER NOTICE that the Town will consider this matter at its regular meeting at 4:00 o'clock P. M, on the 5th day of January, 1971, and will proceed as provided in Section 15.1-364 of the Code of Virginia of 1950, as amended. Given under its hand by its Clerk this the 21st day of December, 1970. TOWN OF PULASKI, VIRGINIA By /s/ GLADYS R. DALTON,Clerk ~~ ~~ December 21, 1970 There being no further business, the meeting adjourbed at 12:00 Noon. APPROVED: C `,.~., Vice-Ma or S. G. Frye -