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HomeMy WebLinkAbout11-06-51~F Council Minutes Pulaski, Va., November 6, 1951 1~3:. ~f9 The regular semi-monthly meeting of the Town Council of the Town of Pulaski, Virginia was held in the Municipal Building at 4:00 pm, November 6, 1951. PRESENT There were present: Vice Mayor ~. F. White, presiding Councilmen: I. R. Carper, 0. 0. Crowell P1'. D. Macgill, Jr., J. R. Martin, E. T. Painter, G. R. Steger, T. F. Wirt. At'~seYit: A4ay+~r Howard R. Imboden, Garnett Moore, Town Attorney Also present,: Town Manager: E. A. Beck Clerk: Louise D. Logan Town Treasurer: Lottie R. Runion Visitors : Reuben Hash ~ffiINUTE3 The Minutes of the regular meeting held October 16, 1951 were read and approved. On motion duly made by T. F. U~'irt, seconded by I. R. Carper, it was unanimouslq~ BUILDIB(~ RESOLVID, that the following applications for PERM IT3 -Hopkir~st building permits be approved: To Bascom E. Hopkins for cind®r block with brick front store building, 40x100, east Main Stree~t~ opposite Aust Motor Company, estimated X5,000.00; To Marvin G. -Graham Graham for frame addition (inside) to property, southeast corner 2nd Street and Maple Avenue, estimated $800.00 to1000.00; '; 1Nind]s To C. H. VPindle for cinder block coal house, smoke house and removal of present barn to five hundred feet below residence on Peppers Ferry Road at Hickory Avenue, estimated overall cost of X700.00. HEALTH A letter from Dr. C. P. Pope of the Pulaski Health DEPARTMENT R~EE$ ST Department requesting free parking to Health Department employees PARKIHQ while on official duty on the streets of Pulaski was read. RUEB~1' Reuben Hash, Colored, appeared before the Council .in HASH RP. COLORED regard to an applicat ion which he had pending for one taxi to b~e TAXI operated under Redd~s Cabs until such time as the present number of taxis in operation was reduced from fifty to allow considera- tion of his application. Mr. Hash requested that the additional cab be granted over and above the limit set by Council, inasmuch as the cabs in operation by the colored people were less than those assigned to white owners. Mr. Kash was advised that the present ratio of colored and white operators was involuntarily established by the order of filing by applicanla until the limit of fifty cabs was 1fi - ~ ~~ Council Minutes Conttd. Pulaski, Va.~ Nov. 6, 1951 reached. No action was taken in regard to Mr. Hashes request. ' The request of the Pulaski Health department, to use R parking meters without paying, was carefully considered and discussed. It was determined that no special privileges could be allowed due Ito difficulty of administration and probability of other similar requs@sts. On motion duly made by T. F. Wirt, seconded by W. D. ~~- ; l~~a.cgill, Jr, it was unanimously ?TH ST.I+iI- RESOLVED, that there be constructed on the north sidax,of CURB AND GUTTER Seventh Street, North, standard concrete curb and gutter and that the AUTHORIZID street be widened between present concrete pavement and proposed c~b.rb ar~d gutter a width of about 10 ft, ~ with asphalt and crushed stone~~ contingent upon the property owners paying one-half east of curb aid gutter as proportioned to lineal frontage of their respective propr- ties, and further, that an appropriation of One Thousand Four-Hunched 01,400.00) Dollars be appropriated from the General Funds for thi. work, including cost of street widening. TR.SI GNAL There was discussion concerning traffic signal on Fif'~h 5TH ~ & 1~ASH . Street andWashington Avenue, and it was stated that no agreement Y.d been reached with affected property owner, H. V~. Huff, Jr. regardia~g easement. This matter was deferred to the next Council meeting. D0~ PROBLEM The matter of the dog problem was considered, it beir~~ DROPPED advised that the Game Wardens action on unlicensed dogs was confi~hed to requirements of the State law within the town. The Council dea~~.ded that this matter should be dropped without enacting ordinance to regulate dogs. , LEAGIIE CO11V. The Town Manager reported on items of interest in th~recent REPOi$' League Convention, placing emphasis on the matter of a bill before the last CTeneral Assembly to force all municipalities to adopt a unif~~m 3', accounting system. It was advised that the recent accounting rev~ion I crf the Town of Pulaski made it possible for Pulaski to conform to ``much a requirement, if passed. NO AC'PIOH N.o action was taken in regard to joining other munic~~.- TELEPHONL RATE palities in opposing the requested rate increase by C & P Telephorb Co. ' before the State Corporatrion Commission. POLICEMAR~ In the matter of a suit against Police Officer Leo Un-berger L.R.UMBERGER ' -Claimfar claim of false arrest, it, was advised that the Town Attorney Yid false arres~yeen instructed to act as counsel for the police: officer. On motion .duly made by T. F. Wirt, seconded by E. T.~~ainter, it was unanimously f 4 RESOLVED, that the Council ratify action of the Town i~~ ~"~ Council Minutes Cont ~ d. l'Olll~i A".Ci'Y'.Manager in instructing Garnett COU~'SEL o Pulaski, Va., Nov. 6, 1951 S. Moore, Town Attorney, to defend ~''~ Police Officer Leo Umberger in a suit brought against him for false UMBER aF~ arrest while in his official capacity for the Town. On motion duly made by G. R. Steger, seconded by J. R. Martin, it was unanimously CONTRACT RESOLVID, that the Mayor be authorized and directed to KITH TO ~LC,*,,.,TCpp~~ute and the cler Appalachian Electric to attest the following contract between the and Power Company/the Town ~of Pulaski for furn.- fishing electricity to the filter plant: This Agreement made and entered into this d.ay of ,19 , by and between Appalachian Electric Power Company a corporation (hereinafter sometimes called 'Company") and the Town of Pulaski, Virginia, by and through its,. Mayor (hereinafter sometimes called "Customer^);~ W I T N E S S E T H: For and in consideration of the mutual covenants a,nd agreements hereinafter contained, the parties hereto agree with. each other as follows: 1. The Company agrees to furnish to the Customer during the term of this agreement, and the Customer agrees to take from the Company, subject to the following terms and condi- tions, all the electric energy of the character specified herein that shall be purchased by the Customer for the operation of the CustomerTs Water Works Plant located at Randolph Avenue at 9th St. .2. The Company is to furnish and the Customer is to take electric energy and pay therefor under the terms of this agreement for a period of five (5) years from and after the day of ~~, 19 , and thereafter in successive periods ofi- not less than one ~l~yea.r. each, until either party shall give the other not less than sixty daysf notice in writing, of its or his election to discontinue the service at the expiration of any said specified per~.ods. Satbject to strikes, litigations, or other causes beyond the reasonable control of the parties hereto, the Company shall make delivery of electric energy hereunder and the CustomYer shall begin to take such electric energy not later than the aforesaid date. 3. The electric energy delivered hereunder shall b® alternating current at approximately 120/208 volts 3 phase 4 wire wye and it shall be delivered at outside wall. of Filtration Plant which shall constitute the point of delivery under this agreement. The said electric energy shall be delivered at a reasonably close maintenance to constant potential and frequency and it shall be measured by a meter or meters owned and installed by the Company and located at Appalachian Electric Power Company Transformer Station. The Company shall provide-and install in a suitable place to be provided therefor by the Customer at the point of delivery of such energy, the following equipment, viz: One standard, polyphase, integrating watt-hour meter to measure the energy delivered to Customer. Customer further agrees to operate its pumping equipment in such a manner as will maintain an average monthly power factor of not less than 85~. 4. ~'he Customer hereby agrees to pay the Company monthly for electric energy delivered hereunder at•the rate of One Cent (l¢) per kilowatt-hour. G ~~ J The above tariff is subject to a minimum monthly charge of X1.50 per horsepower, of connected load (based on Council Minutes ContTd. Pulaski, Va. November 6, 1951 man?zfacturer~s rating). The connected load will be 106 horsepower.; n 1 The above monthly rate is based upon the average prick of coal at the Cabin Creek, Glen Lyn, and Logan Plants of the, Appalachian Electric Power Company, which price shall be understood to mean the cost of coal at the point of origin, to which shall be added transporta- tion charges to the plants. It is understood that the coal when p~.r- chased or contracted for shall be purchased or contracted for in the most advantageous manner and on a basis of pure purchase and sale;'and in the event coal shall be purchased from any mine in which the sad Appalachian Electric Power Company is interested, directly or indi ectly~ then at no time shall the price paid for coal exceed the price in he open market, at the time of delivery, exclusive of transportation..:: If during any monthly period the average cost of coal, delivered at the said generating plants of the Appalachian E1®etri Power Company is above 2,00 per ton of 2,000 pounds, an additional charge during the second month thereafter shall be made on the actual kwhrs. used during said second month at .00015 per kwrhr. for each- x.25 increase in the cost of coal above 2.00 per ton. If during any monthly period the average cost of such~eoal is less than X1.50 per ton of 2,000 pounds, the net bill rendered #so the customer for the second succeeding month shal_1 be decreased by an mount equal to the actual kvvhrs. used during said second month at .0001 per kwhr. for each $.25 decrease in the cost of coal below X1.50 per tqn. All bills for such electric energy furnished by Company to the Customer shall be computed on a monthly basis in accordance with the foregoing charges and shall be due and payable by Customer within a period of l5 days from the date thereof. ely to the shall not purpose. 5• The energy furnished hereunder>shall be devoted e~tclusiv operation of Customers said water works plant and Customer in any event use the energy supplied hereunder for any other 6. The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but in case the supply of such energy is interrupted or fails by reason of an act of God, tho pub- lic enemy, accidents, strikes, legal process, State or municipal i~ter- ferences, breakdowns, injury to the machinery, transmission lines ~r ~.istribution lines of the Company, extraordinary repairs or other auses beyond the reasonable control of the Company, the Company shall no be liable for any damages due to such interruptions or failure in the;,.; supply of energy to Customer; for interruptions occasioned from a cause other than as above set forth, the liability of the Company shalle limited to 5 times the amount the Customer would have paid for energy during the period of such interruption. P - 7. It is further understood and agreed that the Comp ny assumes no duty or obligations to furnish or guarantee any supply f water for spy purpose whatsoever and it does not guarantee continuous or uninterrupted power service. The use` by Customer of power furished under this contract for pumping water for the purpose of fire proti~ction shall not in any case subject t'ne Company to liability to Customer or to any taxpayer, property owner, or inhabitant of Customer for damage due to failure in water supply resulting from an interruption of or deicienc in the power service supplied from whatsoever cause such interruption or deficiency may arise. The Customer hereby undertakes and agrees t indemnify and save harmless the Company from and against alI loss,;' costs, damage and expense and from and against any and all claims ~r demands therefor on account of injury to persons or property which may be caused by failure in the water supply of the Customer due to inerrup~ tior_ or deficiency in the quantity of energy supplied by the Company. S. The Company hereby assumes all risks of and liability far injury (except such as is caused by the negligence of the Cust~Dmer and,~or persons, firms and corporations to whom water is supplied b Customer) to persons and property occasioned by electric energy on~~its own lines up to the point of delivery fixed as above provided, and; shall indemnify and save harmless the Customer from and against all liability so assumed by it; but it shall not be liable to any extent whatever for any injury (except such as is caused by its own negligence )to persons or property which may be caused by the energy delivered by it beyond ~he point of delivery of such energy. The Customer hereby assumes all risks of and liability for all injury (except such as is caused by the negligence of the Company) 1~` ~~} Council Minutes Contd. Pulaski, Va., Nov. 6, 1951 to persons and property occasioned by electric energy on its own lines and equipment beyond the said point where such energy is delivered to it by the Company and shall indemnify and save harmless the Company from and against all liability so assumed by it; but it shall not be liable to any extent whatever for any injury (except such as is caused by the negligence of it- self and~or persons, firms or corporations to whom water is supplied by it) to persons or property which may be caused by the energy delivered to it up to the said point of delivery. 9. The Customer agrees that properly authorized agents or the Company shall at all reasonable hours have free access to any premises owned by or under the control of Customer z wherein or whereon any equipment of the Company is~ located, for the purpose of examining, repairing or removing any such equip- ment of the gompany. Al). such equipment of the Company shall be and remain the personal property of the Company and be_subject to removal by it upon the termination of this contract. 4 10. If the Customer shall make default in the payment of any bills as hereinbef ore provided, the Company may at its option, after having given ten (10) days! written notice of its intention so to do , discontinue the service herein contracted for and continue to withhold the supply of electric energy until such time as the Customer has made payment for all. bills in which it is in arrears. Any such suspension of service by the Company shall not terminate this contract unless Company so elects. Ot'nertivise, upon payment by the Customer of the amount it is in arrears, the contract shall remain in full force and effect for the period herein specified. ll. All and singular the terms and. conditions of this contract shall be binding upon and inur® to the benefit of the parties hereto, their respective successors and/or assigns, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate by their duly author- ized officers on this the day and year first above written. APPALACHIEN ELECTRIC POWER CaMPANY BY TOWN OF PULASKI, VIRGINIA 3Y H. Fi.R0B8RTS LETTEE RE. RER©U~I1tQr ing further TRUCKS A letter wad read from Harry H. Roberts request- consideration by the Town to rerouting trucks around Draper Mountain. On motion duly made by T. F. Wirt, seconded by W. F. White, it was unanimously RESOLVED, that a letter be written to Harry H. Roberts advising that the Council has considered the suggestion that truck traffic be restricted from U. S. 11 within the city limits, but that the Council does not desire to place such a restriction at the present time although it does consider it advisable to have warning signs on the south side of the moun- tain advising truck traffic of the steep grade and; the necessity of proper .functioning of breaks. And, further, to. advise that at the present time the Council is interested in developing route #99 as a truck route. ` 1 J 1 Council Minutes Conttd. Pulaski, Va., Nov. 6, 1951 ~ ~~ On motion duly made by T. F. V~irt, seconded by J. R. Pltartin, it was unanimously SUPPLEMEN3'AL RESOLVED, tha#~ a supplemental appropriation of 9ne APPROPRIAT IOI~ Hundred Fifty-One 0151.00 } Dollars be made from the General Funds: to Account 9063 for the purchase of a roller. T09rAT IN3URAI~C~ The Town Manager advised that insurance agents of thert`Town had appointedTa committee comprised of W. F. Thomas, Chairman, Jams E. Burton and ~: Zack Cecil,~to handle the insurance distribution sff the Town at best available rates and to divide the premium profits with the participating companies on a mutually agreed basis. On motion duly made by T. F. Wirt, seconded by J. R. Martin it was unanimously IN'SURAI~CF FO1~ FILTER PLAT RESOLVID, that the Mayor be authorized to appoint a co'-nmittee to determine the required insurance coverage on the filter plant, and further, to request that a binder coverage for fire and' lightning in the amount of X25,000.00 principal be placed on th® punt r and contents, and a public liability coverage of X15,000.00 per pe~hson or 100,000.00 total and 1,000.00 property damage. "~ AUJOURNMEN°f' The meeting ad3ourned at 6:25 p.m. .. ,; Approved; ~~ ~~ ~i M yor t. Attest: j Clerk •f Council ~; ~. >i f