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HomeMy WebLinkAbout94-36Ordinance No. 94-36 • Ordinance Allowing Encroachment by Charter Federal in the Alley Connecting Third Street NW to Main Street ADOPTED: December 6, 1994 • EFFECTIVE: December 6, 1994 • 222 Y r • ORDINANCE NO. 94-36 ORDINANCE ALLOWING ENCROACHMENT BY CHARTER FEDERAL IN THE ALLEY CONNECTING THIRD STREET, NW TO MAIN STREET WHEREAS, Charter Federal has petitioned the Town Council to allow an encroachment for two 2-inch conduits in the alley connecting Third Street, NW to Main Street. WHEREAS, the conduits will be used to connect phone lines, data communication lines and alarm system lines; and, WHEREAS, the encroachment would not affect the safety or convenience of pedestrians or motorists; and, WHEREAS, a public hearing was held to consider the request, and in consideration of the representations made at the hearing, the Town Council has determined that it is in the public interest to allow the proposed encroachment; • NOW, THEREFORE, be it ORDAINED by the Town Council, Town of Pulaski, Virginia, sitting in regular session on December 6, 1994, that Charter Federal in the Town of Pulaski, Virginia is hereby permitted to encroach over the platted right of way between Third Street, NW and Main Street by installation of two underground 2-inch conduits. Permission is granted upon the condition that Charter Federal indemnify and hold the Town harmless for any alleged injury or damages resulting from Charter Federal's use of the property related to the subject encroachment and that Charter Federal provide a certificate of liability insurance naming the Town as an additional insured, insuring against injury to persons or property in the amount of $100,000 per incident/$300,000 aggregate coverage. Construction is to be in substantial conformity with plans and/or sketches submitted to the Town, a copy of which is attached to this ordinance. The Town reserves the right to require that Charter Federal remove the conduits if it threatens the safety, health and welfare of the public. This Ordinance is effective upon adoption this 6th day of December, 1994, and is adopted by duly recorded vote of the Town Council as follows: • ~-,a~. ~~~;;~~~9PAGE497 ,~.;,... ~cu;;~~'~~ P~cE ~~~ John A. Johnston John W. Stone Bettye H. Steger W. H. Schrader, Jr. _ Aye Roy H. D'Ardenne, Jr. - Ave - f- y~ W. Edgar Hale - Aye - dye Alma H. Holston _ Aye - dye E. G. Black, Jr. _ Aye BY: Andrew L. Gr am , Jr. Mayor • ATTEST: ~mc~a n~ Patricia Pendergra Acting Clerk of Council • The State of Virginia County of Pulaski Notary Page The foregoing ordinance was acknowledged before me this ~~ ~ of December 1994, by Andrew L. Graham, Mayor, and Patricia Pendergrast, Acting Clerk of of the Town of Pulaski, Virginia. • ~~~„0~~9PA~E499 Notary ubl.ic My Commission expires ~/ ~_. • I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance No. 94-36 is a true and correct copy as set out and adopted by the recorded vote of the Pulaski Town Council on December 6,1994. ~j. Ru h A. Harrell, Clerk of Council •