was adopted.
<br />
<br />pepper, was adopted.
<br />
<br />Motion of Mr. Grimes To approve the application of Construction Associates for rezoning,
<br />
<br />T,F. Culpepp~ spoke for his application a~d?,~o WnUkoski spoke against it.
<br />Mot%on o~ Mr. Baker to ~efer .b~ck To the Pl~z~i~g Commission the application of ToF. Cul-
<br />
<br /> Motion of Mr. Howard To approve the applicatiOn of Percy L. and Leita I woodard, was adopte~.
<br /> Motion of Mr. Wilson to concur in the recommendation of the Planning and Zoning Commission
<br /> in denying the applications of J. R. Boyd and P H Boyette, Jr. was adopted.
<br />
<br /> ~5-328 - The following let._~ter from~ the Plarn~ing Co~mmission was read:
<br />
<br /> "The Planning Commission was advised hy letter dated Decem, ber 14th~ 1955 from A P Johnson,
<br /> Jr., City Clerk, tha~ the followin~:~atte~ was referr~ed t~ the p19~bjug Commission.
<br /> Request of the-City SchOOl Board for per~d ssion to include that land now owned hy the City
<br /> adjacen~ to the Truxton School in the s_~t~e~ plans t~, he ~rese~nt~ed to. the State Dep. artment of Education for the ad-
<br /> dition to the Truxton School. s . ~ '
<br /> Pursuant to action ~aken,~at a me~t_%ug Dn~ D~cember 19, 19~, the Planning Commission ream -
<br /> mends that the above reques~ be ap~v~. T~e planning Commission also recommends the closing of the following
<br /> streets, lying wholly within the City property adjacen~ ~ the Truxton School:
<br />
<br /> Lee StreeZ: from a point 100 feet ~s~uth of Manly Street, s~uth to the City limits.
<br /> Pennock Street: £rom a poin~t~,S$0 ~£eet .east of ~Deep Creek Blvd., east ~o G Street.
<br /> McCracken StreeT: from t~e City limits eas~ to G~Street."
<br />
<br /> Motion of Mr. Grimes mo concur in the recommendation~ of~ the~ Planning Commission and refer to
<br /> the ~ity Attorney no draw an o~dinance closing these streets was adopted.
<br />
<br /> 55-329 - "I submit the following letter and concur mn the recommenda~tion of Mr. Parker that the
<br /> fund be ma~:
<br />
<br /> 'D N Allsbrook paid a personal property ~ax on autOmobileamounting to $19.80,-on
<br /> December 5th. On D~cember 8th, Mr. Turlington relieved this tax and Mr. Allsbrook
<br /> is entitled to a.jrefund of $19.8~0.~V~ Please have check drawn to Mr. Allsb~ook,
<br /> 258 Douglas Ave., for this sm~ount." k
<br />
<br /> Motion of ~ir. Lawrence that refund be granted was adop~ted.
<br />
<br /> 55-SS0 - The City Manager presented the ~f~9~low~ng letter from Henr~y ~W ~acKenzie, Jr., which has been
<br /> approved by the. City ~At[orne~:
<br />
<br /> "I inclos~e herewith instrument, for the vacation of record of an alley hetween lets 561 and
<br /> 562 on the east and 601 and 602 on the west~ on the plat of Port No ~rfqlk-Inx~estment Company, to~ether with executed
<br /> deed dedicating to the City a five foot strip.for ~he widening of ~sJm~rid~e/Street.
<br /> This action has a~.~lrea~dy been t~Lke]lm b~ th, e ~-it~y .Counc. il at its meeting of April 28,1953.
<br /> Mr. Byrd has now erected a buildin~,_oMpj~ the vacated ~l!ey ,and the title insurance company which has been requeste~
<br /> to insure ~title ~for a losn obtaine~ hy_ ~M~,? Bymd on ~th~9 pro~0~Ety ~h~s request, ed execu, tion of the inclosed instrument
<br /> of ~acation so that the same may be recorded in the Clerk's Office of the Court of Hustings. We woul~ appreciate
<br /> your having the same executed on behalf qf ~the Cmty.
<br />
<br /> MotiOn of ~r. Hawks that the proper city officials be authorized to si~n the instrument of
<br /> vaca~tion, was adopted.
<br />
<br />'- ~ 55-331 - The City Manager pres~ented, t?e following le~t~e~ fr~m the City~ Attorney: ~
<br /> "I ,am s~uhmitting herewi~th a letter,from T.J~C~0oks, ,Director of Real Estate Division of
<br /> D~strict Public Work~ Office, Fifth Naval-Dis,tries, accompanied, hy-~(1) a~ Revocable Permit for the continued exis-
<br /> tence of a ~8 rnch storm dramn autism underground l~ xnch sanitary sewe~r through tke Wendell New~Lle Dormztor~es,
<br /> and (2) an agreement for a permanent easement for two small parcels of land ~o be used for street purposes. No
<br /> mention is made of the 12 inch water .~nain in Effinghsm Street.
<br /> When the goye~nment filed i~s p~oceedings tq~ co, nde~n~ the Wendell-Neville property, I ap
<br /> ~peared aY tke hearing and obje~ctad to the ~aking ins~ far .as it af~ fecte~d the water pipes., ~?r pipes and drain~age~
<br /> pipes. The government lawyers would not agree tq insert in the order the ~la~age i requested and there were mn
<br /> serted in its place words ~o the effect that the Order of Taking was s~ub~ject~ ~o the rights of the public in and to~
<br /> the streets in the prgperty. The lawyers and the Ju, dge t~ou~t thelanguage used~by them met the is~sue I raised~and
<br /> at the time the ~a~ was in progress and some th?ught the Taking was for temporary use.
<br /> Since the entry of the Order of Taking, the matter has come before2the Ctt~' Council on sev1
<br /> ~raI occasions upon request by the ~overnment to close the streets. It was referred to the Planning and Zoning
<br /> Commission, as required by law~ and the Commission came back with a counter pMopositien requesting the ~overnment
<br /> ~to widen Chestnut St. and close the main highway passing thrquEh the p~ope?ty. This would he highly beneficial
<br /> to the government as it would join the Wendell-Nevill property with the Naval Shipyard and make a compac~ parcel
<br /> land. , H?wever, it would be expensive to the gove_-,nmenr as the city would expect the govermmenz to pay all cost.
<br /> The matter presents an awk~vard situation and a very serious one for the city as it would
<br /> be v~ery expensive if it ever became necessary to move the ~water and.sewer pipe~s, ~and there is no other way zo take
<br /> care of the drainage of surface water. The drain pipe follows the n~atural flow of the water and if stopped, the
<br /> surroundi~Iand will be flooded for more than one-h~ a mile after every hard rain. This was demonstrated when
<br /> the government filled Hack Creek into which the drain pipe~ emptied.
<br /> The matter should be given serious consideration and Mr. Davidson, the lawyer au the
<br /> Fifth Naval District office has signified his willingness to meet with us and discuss the mattero"
<br />
<br />~otion of Mr. Hawks to refer To the City Manager and City Attorney was adopted.
<br />
<br />
<br />
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