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<br />3j <br /> <br />TUESDAY <br /> <br />AUGUST 12. 1958 <br /> <br />,- <br /> <br />Upon motion, duly seconded and unanimously carried, Council approved and authorized <br /> <br />the execution on behalf of the City a contract between the City and Mr. R. S. Foley <br /> <br />pertaining to Mr. Foley's subdivision development on the east side of Mulberry Road <br /> <br />outside the City's corporate limits, with the understanding that in lieu of the <br /> <br />performance bond requested by Council (see contract approved June 24, 1958) guarantee- <br /> <br />ing the installation of sewer lines as required by the City an affidavit submitted by <br />Mr. Foley will be acceptable. <br /> <br />Representatives of McCabe Memorial Baptist Church appeared before Council and requested <br /> <br />that their ohurch properties be declared exempt from the City's utility tax as imposed <br /> <br />by ordinance adopted June 11, 1957. Their plea was based on the principle of <br /> <br />"separation of church and state" and its implication in the exemption of non-revenue- <br /> <br />~',.,z,"> <br />i'!~~ <br />(j~~~ <br />),,0 <br />'I;'~ <br /> <br />earning church properties from property taxation. City Attorney Claude E. Taylor, Jr., <br /> <br />advised that nowhere has he been able to find legal justification for Council to waive <br /> <br />the provisions of the ordinance for church properties. Upon the City Attorney's <br /> <br />recommendation, Council authorized and instructed him to seek an opinion on this question <br /> <br />from the Attorney General of the Commonwealth of Virginia. <br /> <br />Mr. Victor A. Lester, on behalf of Lester Brothers, Inc., appeared before Council <br /> <br />seeking approval of two contracts permitting the development of a subdivision on Dearborn <br /> <br />and Augusta Streets, part of which property lies outside the corporate limlts. A <br /> <br />condition upon which Mr. Lester sought approval was to waive indefinitely the provision <br /> <br />of the City's ordinance requiring installation of sewer lines outside the corporate <br /> <br />limits in conjunction with the required installation of water lines. Council, however, <br /> <br />- <br /> <br />did not accept or approve the condition and, moreover, approved the two contracts--one <br /> <br />for the development of the subdivision inside the corporate limits and the other for <br /> <br />the development of the subdivision outside the corporate limits--stipulating that the <br />