Loading...
HomeMy WebLinkAbout2002-14Ordinance 2002-14 Ordinance Granting An Encroachment to DBT America, Inc. • ADOPTED: December 3, 2002 EFFECTIVE: December 3, 2002 • a~ .. ~ ~ ~ i • TOWN OF PULASKI, VIRGINIA ORDINANCE 2002-14 AN ORDINANCE GRANTING AN ENCROACHMENT TO DBT AMERICA, INC. WHEREAS, DBT America, Inc. of 404 Wurno Road made application to the Town of Pulaski, Virginia for an encroachment to place afree-standing sign on the town right-of--way not less than twelve (12) feet from the guardrail at the intersection of Wurno Road and Bob White Boulevard; and, WHEREAS, advertisement for a public hearing for the requested encroachment was made according to the Code of Virginia, 1950, as amended ;and, WHEREAS, the Public Operations Committee of the Town Council, considered the request at its regular meeting on November 18, 2002 and recommended unanimously that the encroachment be granted; and, WHEREAS, the Town council held a public hearing on December 3, 2002, wherein the comments of the public were received; NOW THEREFORE, be it ORDAINED that the Town Council of the Town of Pulaski, • Virginia, sitting in regular session on December 3, 2002, grants an encroachment to DBT America, Inc., 4041 Wurno Road, to place a free standing sign not less than 12 feet from the guardrail at the intersection of Wurno Road and Bob White Boulevard as illustrated in Attachment A. PROVIDED HOWEVER, that the Town of Pulaski, Virginia 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. PROVIDED FURTHER, that the Town of Pulaski, Virginia, reserves the sole and exclusive right to revoke any rights including, but not limited to the encroachment rights granted herein upon 30 days notice to DBT America, Inc., 4041 Wurno Road, its 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 any means including but not limited to 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 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 DBT America, Inc., through its agents, communicates its written acceptance of all provisions of this ordinance to the Town Attorney, in writing and payment to the Town of Pulaski, Virginia of a $150.00 processing fee as permitted by § 15.2-2012 of the 1950 Code of Virginia, as amended. • `~~ • • • This ordinance is effective upon adoption and is hereby adopted this 3rd day of December, 2002 by the duly recorded vote of the Town Council of the Town of Pulaski, as follows: Jeffrey S. Worrell -Aye Kenneth M. Fleenor -Aye E. G. Black, Jr. -Aye Pauline G. Mitchell -Aye Bettye H. Steger -Aye John T. Bolen -Aye James M. Neblett, Jr. -Aye Town of Pulaski, Virginia tl BY: ~ ^ Charles W. Stewart, Jr., Mayor ATTESTED: Patricia Cruise, Clerk of Council 1 c~ '• '~~~~~ 2 ~ ,1 ~~', Qa ~ ~ T` Z P~ 7 ~.' S~u~-, 'a ~ °J ~i~ ~a~w~~k~ ~~ ~' i• ,, G~ S~rcrY s~a+a posf- WI,,',~-~ ~I v ~. ~6~ ~a~t-~ c ~ 5 ~ ~ ~D~~~ ~ n p~~poV2. °~. ~a r 1I OCATION S~TCH ATTA~MENT A-L • ~ a~ ` • 3 ~ ~ f.' +r' .._';.Z... ~~ .... r... "G ' ~ n~lFt ~,:„ +~". .. :~a~~~.., _.:~::: _ . ~!;e,t ,mot"(ai:., ^,.:i'w .~ .c: r`"tj ~ rte{#; • • '. ., t • Mr. Randolph D. Eley, Jr. 246 North Washington Street Pulaski, VA 24301 January 8, 2003 RE: Acceptance of Ordinance 2002-14 Dear Mr. Eley: r DBT D8T America Ine. 4041 Wumo Road Pulaski, VA 24301 United States of America Tel.: 540.980-4530 Fax: 540-980-6211 www.dbtamerica.com Dept: Sales $ Administration Tel.; (540)994-3880 Fax: (540)994-3889 Email: Jallison~d6tamerica.com On behalf of DBT America Inc. we agree to all the provisions outlined in Ordinance 2002-14. Regards, Cw--'' • Jam R. Allison ant Manager ~~ r~ u I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2002-14, Ordinance granting and encroachment to DBT American, Inc., is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on December 3, 2002. Patricia Cruise, Clerk of Council • tp/c/ordinance/certification 2002-12 •