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HomeMy WebLinkAbout09-24-75~~~ Minutes of the special meeting of the Pulaski Town Council held September 24, 1975 at 5:00 P. M. in the Council chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: James M. Neblett, Andrew L, Graham Mason A. Vaughan, Arthur L. Meadows C. William Hickam, Jr., William A. House Bob J . Clark Absent: Councilman Blair B. Brockmeyer Also present: Town Manager: J. E. Marshall Clerk: Gladys R.;Dalton Town Attorney: Garnett S. Moore Visitors: J. R. Schrader, Howard G. Sadler and Ed,Sadler of Sadler Hosiery Mi11s, and Phil Sadler, Attorney Kemel Nester The invocation was given by Councilman Vaughan. Mayor Ratcliff stated this was a special called meeting of the Pulaski Town Council to consider the request of Sadler SPECIAL MEETING Hosiery Mills for the closing of an alley, and to hear the report of the viewers. Town Attorney Moore stated all legal proceedings had been complied with; that notice and petition had been properly filed, and Council had adopted a Resolution appointing Viewers and directing them to determine by their view whether or not any inconvenience RE: SADLER would be caused by the closing of said alley as set forth in the HOS. REQ. Resolution. Mr. Moore stated that W. Marvin Board, Forest W. ON CLOSING Haiey and Daniel C. Bell, viewers named by Council had met on ALLEY Saturday, September 20th, and were instructed and later returned to his office after viewing the alley in question, and made their report to the effect that in their opinion no inconvenience or damages would result in the closing of said alley. Town Attorney Moore filed with the Clerk of the Council the following documents: Instructions to Viewers and Viewers Report, which are a part of the minutes of this meeting, as follows: September 24, 1975 J~ ` ~ INSTRUCTIONS TO VIEWERS RE: Town of Pulaski, Virginia Vacation and abandonment of that certain portion. of an alley, lying within the Town of Pulaski, Virginia, as more fully set out and described in a Petition filed with said Town by Sadler Hosiery Mills, Inc., and pur- suant to Resolution of Council of September 9, 1975. Convening of the duly appointed Viewers of said Town at 10:00 A. M. on the 20th day of September, 1975, in the office of the Town Attorney, Fulaski, Virginia. PRESENT Garnett S. Moore Attorney for the Town of Pulaski Viewers are hereby instructed by the said Town Attorney as follows: (1) That your appointment was made by the said Town under INSTRUCTIONS authority granted in Title 15.1-364 of the Code of Virginia of 1950, as amended, and any and all other general powers granted said Town. TO (2) That as Viewers appointed by said Town, you are in- structed to view the portion of the alley, set out and described in the Resolution adopted by the Town on September 9, 1975, a copy being attached hereto for the purpose of describing the portion of the alley proposed to be closed. VIEWERS (3) You shall determine by your view and your evaluation thereof whether or not any inconvenience would be caused by the closing of the of oresaid portion of the alley, and if any, what inconvenience would result and to whom, from the closing, dis- continuing and vacation of the portion of the alley requested, as a part of the system of streets and alley of the Town of Pulaski, Virginia. (4) To report in writing your findings as above instructed in this matter to the Council of the Town of Pulaski, Virginia. This report is to be filed as soon as convenient after you have viewed the proposed portion of the alley to be abandoned or vacated, and after your evalua,t,ion thereof from your view, and from such other facts you determine to be pertinent thereto. Given under my hand this 20th day of September, 1975. / s / GARIVETT S . MOORE Attorney for the Town of Pulaski, Virginia ~~~8.. September 24, 1975 REPORT OF VIEWERS RE: Town of Pulaski, Virginia Vacation and abandonment of that certain portion of an alley, lying within the Town of Pulaski, Virginia, as more fully set out and described in a Petition filed with said Town by Sadler Hosiery Mills, Inc., and in the Resolution adopted by the Town on September 9, 1975. Petitioner: Sadler Hosiery Mills, Inc. VIEWERS We, the undersigned Viewers duly appointed by Resolution of the Town of Pulaski, Vir ginia, adopted on the 9th day of September, 1975, convened in the Town Attorney's Office at 10:00 o'clock A. M. on the 20th day of September, 1975, and at that time were given REPORT written instructions by the Attorney for said Town of Pulaski, Virginia, upon our duties as Viewers, the original of the instructions being herewith attached as a part of these pro- ceedings. After reading the instructions, .the undersigned personally visited the location described in the of orementioned Resolution and instructions, and agree that the closing of the portion of the alley, in question will not cause any inconvenience or damage.. Given under our hands this 20th day of September, 1975. /S/ W. M. BOARD FOREST W. HALEY DANIEL C . BELL Town Attorney Moore also stated the record indicates that notice of the public hearing to be held by Council on September 24, 1975 at 5:00 P. M. and carried in the Southweat Times, a local newspaper, on September 10th and 17th, was mailed to adjacent property owners by the Town Clerk. There was no one present who opposed the closing of the alley. On motion of Councilman Vaughan, seconded by Councilman Graham, and carried on the following recorded vote, the following ADOPTION Ordinance to vacate and close a certain portion of an alley South OF ORDINANCE of Commerce Street, was adopted by Council: FOR CLOSING C. William Hickam, Jr. - aye William A. House - aye ALLEY Andrew L. Graham - aye Bob J. Clark - aye Blair B. Brockmeyer - absent Arthur L. Meadows - aye Mason A. Vaughan - aye James M. Neblett - aye ~~~~ September 24, 1975 AN ORDINANCE TO VACATE AND CLOSE A CER- TAIN PORTION OF AN ALLEY SOUTH OF COM- MERCE, BETWEEN LAKE STREET AND THE UN- OPENED PART OF CLIFF STREET, IN THE TOWN OF PULASKI, VIRGINIA, TO RESERVE AN EASE- MENT FOR ALL UTILITIES AND TO PROVIDE FDR COSTS WHEREAS, the Sadler Hosiery Mills, Inc., of Pulaski, Virginia, owner of land, by Petition requested the Council of the Town of Pulaski, Virginia, to close a portion of an alley, approximately 150 feet in length and approximately 15 feet in width, all adjacent to Petitioner's property except a small portion adjacent to the Gemmell property; and WHEREAS, upon consideration of the request, the Council appointed Edward L. Barr, C. C. Jordan and W. M. Board as viewers, along with Daniel C. Bell and Forrest W. Haley, tw o alternates, under provisions of Section 15.1-364 of the Code of Virginia of 1950, as amended: that W. M. Board, Daniel C. Bell and Forrest W. Haley, viewers met on the 20th day of ~ ORDINANCE September, 1975, and the attorney for said Town gave to them written instructions setting out their duties; whereupon, the said viewers viewed said premises to be closed and filed with the Council their report as directed showing that in their opinion no CLOSING inconvenience would result to anyone by reason of the closing of said alley; and WHEREAS, legal notice was given of the proposal and of a ALLEY public hearing thereon to be held at 5:00 o'clock P. M. on Sept- ember 24, 1975, in the Council Chambers in the Town of Pulaski, said notice given by Publication in the Southwest Times, a local newspaper, on the 10th and 17th days of September, 1975; and WHEREAS, pursuant to notice the Public Hearing was held at 5:00 o'clock P. M. on the 24th day of September, 1975, at which time no one opposed vacating the described portion of the alley, however, all of the property owners affected by the closing filed with Council letters agreeing to the closing, and WHEREAS, the Council of the Town of Pulaski, Virginia, is of the opinion that no inconvenience would result by vacating and closing the portion of said alley described in the Petition. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting on this the 24th day bf September, 1975, as follows: That certain portion of an alley lying South of Commerce Street, between Lake Street and the unopened portion of Cliff Street, and more particularly described as follows: BEGINNING at a point on the eastern boundary line of Cliff Street, which point of Beginning is the southwest corner of Lot 17 as shown on the Official Map of the Town of Pulaski, Virginia; thence south 88 degs. 00' East approximately 150 feet to a point in Lot No. 12, twenve and one-half (12-1/2) feet west of the western boundary line of Lot No. 11; thence South 2 degs. 00' West 15 feet to a point in the northern boundary line of the Gemmell property; thence there- with and along the northern boundary line of Lot 18 on the of oresaid map, N. 88 degs.00' West 150 feet, more or less, to the northwest corner of Lot 18 in the eastern boundary line of Cliff Street; thence there- with North 2 degs.00' East 15 feet to the point of Beginning; ~~Jl~l September 24, 1975 Be, and the same is hereby vacated and abandoned as a public way or alley in the Town of Pulaski, Virginia, subject however, to a reservation of easement-over and across the above described portion of said alley for public utilities.heretof ore constructed thereon and subject to the payment of the cost involved in this proceedings. BE IT FURTHER ORDAINED that the Town Manager of said Town shall cause to be recorded in the Deed Books of the County of Pulaski, Virginia, located in the Clerk's Office of the said County, a copy of this ordinance, and to take any and all other steps necessary to properly place on the record the said ordinance. BE IT FURTHER ORDAINED that W. M. Board, Andiel C. Bell and Forrest W. Haley, the viewers, be paid the sum of Ten Dollars (10.c)4)) each,-for their services rendered, and that all of the other costs and expenses involved in the granting of the license be assessed against Sadler Hosiery Mi1Ls, Inc. of Pulaski, Virginia . Kemel Nester of Wisler Street advised Council that Wisler Street was included in the list of streets for blacktopping when STREET the voters of the Town voted on a bond issue for street improvements BLACKTOPPING and todate his street had not been blacktopped. He was advised REQUEST that some of the streets which had been listed, and Wisler was FOR WISLER one, had not been blacktopped because a proper base would have STREET to be established bef ore the actual blacktopping could be applied, and it was hoped that this base could be done this fall and the blacktopping placed thereon next summer. At 5:15 P. M. Councilman Vaughan moved that Council adjourn. The motion was seconded by Councilman House, and carried. APPROV D: ,, / /,~ r ~ ~ ~r ,. ~ : Mayor a cli ATTEST: Clerk of uncil I ~I L__J 1