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HomeMy WebLinkAbout2001-11• Ordinance 2001-11 Granting an Encroachment to Daniel T. Johnston • ADOPTED: June 5, 2001 EFFECTIVE: June 5, 2001 • ~~ • ORDINANCE 2001-11 ORDINANCE GRANTING AN ENCROACHMENT TO DANIEL T. JOHNSTON WHEREAS, Mr. Daniel T. Johnston applied to the Town of Pulaski, Virginia for permission for an encroachment upon the Town's right-of--way at 228 North Madison Avenue to install a porch and ramp and Virginia Feed Store; and WHEREAS, the Town Manger submitted the request to all department heads for any comments; and WHEREAS, the Town Council held a public hearing on May 1, 2001 on the said request after advertisement in accordance with law; • NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia that Mr. Darnel T. Johnston be and hereby is granted an encroachment upon the Town's right-of- way at 228 North Madison Avenue. PROVIDED HOWEVER, that the Town reserves the right to reclaim the right-of--way in the future, should the Town require the use of the right-of--way in the future, in which case the encroachment granted herein shall cease and be of no effect. FURTHERMORE, the Director of Public Works will inspect and approve the installation of the porch and ramp. PROVIDED, FURTHER, that the Town of Pulaski reserves the sole and exclusive right to revoke any rights including but not limited to the encroachment rights granted herein upon 30 days written notice to Mr. Daniel T. Johnston, his successors, agents and/or assigns. FURTHERMORE, this permission is subject to the proviso that the Town will not be responsible for any loss or damage to said structure by reason of the public use or maintenance of the street and public utilities; and if the structure is damaged by street or utility repair or replacement by the Town, the cost of repair to the structure will be the sole responsibility of the property owner. Owner's encroachment upon the Town's right-of--way shall not occur unless and until Daniel T. Johnston communicates his written acceptance of all provisions of this ordinance to the Town Attorney. • ~~ • • This ordinance is effective upon adoption and is adopted this 5"' day of June 2001, by duly recorded vote of the Town Council as follows: Jeffery S. Worrell A v, ~ . Pauline G. Mitchell A v e Daniel Talbert, Jr. A y e E. G. Black, Jr. A y e ATTEST: • 1 ~/' V ~.~ d.. Patricia Cruise, Clerk of Council Bettye H. Steger ~_ James M. Neblett A y P Kenneth M. Fleenor A v e Lane R. Penn A y e THE TOWN OF PULASKI, VIRGINIA BY: ~ Charles W. Stewart, Jr., Mayor ~S • I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2001-1 1, granting an encroachment to Daniel T. Johnston, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on June 5, 2001. ~.~1.< Patricia Cruise, Clerk of Council • tp/c/ordinance/2001-11 •