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HomeMy WebLinkAbout2001-14• Ordinance 2001-14 Granting An Encroachment Upon the Town Right-of--Way to Shirley D. Jessee • ADOPTED: September 4, 2001 EFFECTIVE: September 4, 2001 • ~~ ORDINANCE 2001-1~ • GRANTING AN ENCROACHMENT UPON THE TOWN RIGHT OF W:YY" TO SHIRLEY D. JESSEE WHEREAS, Mrs. Shirley D. Jessee applied to the Town of Pulaski, Virginia for permission for an encroachment upon the Towns right of way at 1817 English Forest Road to install a privacy screen: and, WHEREAS, the Town Manager submitted the request to all department heads for any comments: and, WHEREAS, the Town Council held a public hearinv on June ~, 2001 on the said request after advertisement in accordance with law, and the Council tabled the matter for further study; and, WHEREAS, the Council reconsidered the issue at its August 7, 2001 meeting following further study and an affirmative recommendation from the Public Operations Committee. NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, that Mrs. Shirley D. Jessee, be and hereby is granted the privilege of installing a privacy screen at the requested location eight feet into the Town's right of way, but no closer than six and one-half feet to the edge of the pavement at 1817 English Forest Road; PROVIDED, HOWEVER that the Town shall retain rights of way for water and sewer and if problems occur with the water or sewer, the screen will have to be removed and not be replaced by the Town. FURTHERiVIORE. the Director of Public Works will inspect and approve the installation of the privacy • screen. PROVIDED, further that the Town of Pulaski reserves the right to revoke any rights granted herein upon thirty (~ 0) days written notice to Mrs. Shirley D. Jessee, her successors and assigns. FURTHER~tiIORE, this permission is subject to the proviso that the Town will not be responsible for any loss or damage to said privacy screen by reason of the public use or maintenance of the street and public utilities; and if the privacy screen is damaged by street or utility repair or replacement by the Town_ the cost of repair to the fence will be on the property owner. Owner's encroachment upon the Towns right of way shall not occur unless and until i/irs. Shirley D. Jessee communicates hoc written acceptance of all provisions of this ordinance to the Town Attomev. This ordinance is effective upon adoption and is adopted this 4~' day of September, 2001, by duly recorded vote of the Town Council as follows: Jeffrey S. Worrell Pauline G. Mitchell Daniel Talbert, Jr. E. G. Black, Jr. ATTES1T: Patricia Cruise, Clerk of Council _ Aye Bettye H. Steger - A y e - Aye James M. Neblett - A y e - Aye Kenneth iYI. Fleenor - A y e - Aye Lane R. Penn - A y e Charles W. Stewart, Jr., Mayor i ~~ • C I, Patricia Cniise, Clerk of Council, certify that the foregoing Ordinance 2001-14, granting an encroachment upon the Town right-of--way to Shirley D. Jessee, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on September 4, 2001. _~ Patricia Cruise, Clerk of Council tp/c/ordinances cei~ ii i cation template