HomeMy WebLinkAbout2002-14Ordinance 2002-14
Ordinance Granting An Encroachment to DBT America, Inc.
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ADOPTED: December 3, 2002
EFFECTIVE: December 3, 2002
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• 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.
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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
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BY: ~ ^
Charles W. Stewart, Jr., Mayor
ATTESTED:
Patricia Cruise, Clerk of Council
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Mr. Randolph D. Eley, Jr.
246 North Washington Street
Pulaski, VA 24301
January 8, 2003
RE: Acceptance of Ordinance 2002-14
Dear Mr. Eley:
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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
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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
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tp/c/ordinance/certification 2002-12
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