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Minutes 11/12/1957
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Minutes 11/12/1957
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City Council
Meeting Date
11/12/1957
City Council - Category
Minutes
City Council - Type
General
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<br />2 <br /> <br />'l'UFSDAY <br /> <br />NOVEMBER 125 1957 <br /> <br />. Section 2 at Chapter 11 of the Charter of the City establishes the mandatory <br />requirelmnt or the separation of ballots of property owners and non-property <br />O1Ill8rs. The ordinance at the Co~il which called for the sewerage issue <br />election was prepared by special bond attorneys of New York who must approve <br />all matters, including elections, relating to the issuance of municipal bonds. <br />Their requirements com titute a precise and lengthy pr'ocedure. <br /> <br />,"""--' <br /> <br />Further, the issue as submitted included the comtruction of a sewage treatment <br />plant. The State Water Control Board, in the enforcement of Title 62 of the <br />Acts of the Virginia General Assembly, has directed Martinsville to take steps <br />to abate pollution of the adjoining . treams. '.D1e November 5th special election <br />constituted an effort by the City to comply with state law in this regard with <br />the election bei~ subject to scrutiny by the state agency". <br /> <br />It, thus, is the concensus of the City Courv:il that the existence of irregula- <br />rity in the con:iu.ct of the bond election of November 5th could jeopardize the <br />City with respect to this particular election and the atters involved tile rein. <br />In addition tilere would exist the possibility that acceptance, without <br />question, of the November 5th balloti~ could endanger the City in matters of <br />fut'Ure bond elections or debt incurrences. <br /> <br />Therefore, the CiV' Council does consider it to be regretfully necessary to <br />petition befere the Judge of the Circuit Court to rule on the validity of the <br />special election on the Sewerage Improvement Program. <br /> <br />mir~~ <br />III"~. <br />,..r.:;: <br />(" "3 <br />I'-=: <br />IU~ <br /> <br />The laws of the Commonwealth Jrovide that in the event of defeat of an election <br />on the issuance of boms that another election cannot be called on the same <br />issue until twelve months shall have elapsed. If the Court should declare the <br />November 5th balloting invalid there wouJ.d exist the possibility that a re- <br />election could be held prior to twelve months. <br /> <br />However, the Couroil, again recognizing the decision of the voters as indicated <br />by the cc:mparison of votes for and votes against the issue, would not consider <br />a re-election until a period of months have elapsed and until a public heari~ <br />is called to determine the extent of sentiment in favor of a new election prior <br />to the elapse of twelve mon1:hs. <br /> <br />- <br /> <br />Pursuant to duly-a.dvertised public notice, Cou~il conducted a public hearing on lfr. <br /> <br />E. G. Ramsey's recent petition requesting the rezoning to nB-2 Business" certain ot <br /> <br />his property adjacent to Boden and Cherry Streets, near the Carolina & Northwestern <br />Railway' s right-of-way. Dut"ing the course of tile hearil'€ City Manager Hirst <br /> <br />recommended, as a condition of rezoning the property as requested, that a set-back <br /> <br />of ten feet be established on Cherry Street and a set.-back of twenty-one feet be <br /> <br />established on Boden Street. Mr. Ramsey indicated that he would withdraw his petition <br /> <br />should the Council impose such set-backs, whereupon Council took no action other than <br /> <br />to ntablen the matter far f'utut"e consideration. <br />
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