HomeMy WebLinkAbout09-23-49~~~L)
Gauncil Minutes Pulaski, Va.,Sept. 2~3, 1949
A called meeting of the Town Council of the Town
of Pulaski, Virginia was held in the Municipal Building
at 4:00 p.m., September 23, 1949,
There were present:
Mayor Marvin G. Graham, presiding
Councilmen: W. D. Aust, OtNeal Amos, 0. 0. Crow®11~
H. R. Imboden, G. R. Steger, T. F, Wirt.
Absent: I. R. C$rper, W. F. White.
Also Present;
Town Manager: E.A.B:eck
Clerk: Verna L. Dalton `
On motion duly made by T. F. Wirt, seconded by
G. R. Steger, it was unanimously
RESOLVED, that the Mayor be authorized to sign on
behalf of the Town, and the Clerk attest and affix the
corporate seal of the Town to the following contr~c~:
THIS AGREEMENT made and entered into this the 26
day of September, 1949, by and between the Town of Pulaski,
Virginia, a municipal corporation, hereinafter referred to as
the Torn, party of the first part, and Dr. D. S. Divers, Dr.
C. W. Hickam, Gonway Smith, Foy Ault and Milton Bro kmeyer,
property owners in Northwood Addition adjacent to tie TOwFl
of Pulaski, hereinafter referred to as property owners, parties
of the second part;
- WITNESSETH-
WHEREAS, it is advantageous and mutually 1~eneficial
to the parties hereto to have a wader main constructed beginning
at the present terminus of the Town water main on North Prospect
Avenue and extending therealong approximately two hundred sand
fifty (x.50) feet northward to the Chaffin-Steger Road, and
from Prospect Avenue thence along the Chaffin-Stege~- Road
through the Northwood Terrace S~ibdivf sion, along No~-thsroofl
II~ive and State Road X685, and such line continuing on to
connect with an eight-inch water line belonging to-the Torn
near the Lee Highway; and
WHEREAS, such water main would be further advantageous
and mutually beneficial by furnishing water facili"t~es to' adja-
cent property owners and by Further improving water aerviGes
within this Subdivision, and further providing an interconnection
with the Town water system;
NOW, THEREFORE, in consideration of the premised and
the mutual atipulations and conditions hereinafter set out, it
is mutually agreed between the parties hereto that the wader
line hereinabove referred t o shall be constructed inn the #'ollow-
ing manner and under the following conditions;
1. The Town of Pulaski shall lag the following
described water mains, the cost of which is
to be paid by the- said Town:
(a) Approximately two hundred and fifty (250)
lineal feet of eight-inch water line within
the corporate limits of the Town of Pulaskii
said line to begin at the present ter~dt~.nus pf
the Towns water main on North Prospect Av®nue,
and thence northward along said Avenue to the
Chaffin-Steger Rnad.
• (b) Approximately s®ven hundred and ten (710)
feet of six-inch water line, said line to begin
at a connection with the Towns eight-inch
Council Minutes Contd. Pulaski, Va., dept. 23, 19 ~~~
1
water main lying near Lee Hi way, and said six-inch main toy xtend
westwardly along State 8oad 685 to the intersection of NortY~ood
TTErive .
2. The Town is to construct the six-inch water line f
the intersection of State Etoute X685, thence along Northwood
and the Chaffin-Steger Road until said six-inch line meets t:
eight-inch line which the Town herainbefore has agreed to co.
for approximately two hundred and fifty (250) feet along Pro.
Avenue to the Chaffin-:lteger Road. However, the actual cost
labors materials, and equipment used in the construction of
said si,~-inch pipe from the intersection of Mate Route X685
Prospect Avenue shall be ascertained, and to this a ten per ~
(10,x) additional charge shall be added for supervision and m:
cellaneous expenses, and this total cost ascertained shall b~
paid by the property owners in the following manner:
(a) Mil ton ~. Brockmeyer and Foy Aust to pay the ac
of the laying of seventeen hundred and eight~r (1780) feet
water main abutting their property. ~ ~ J ~'- y //d,// ~-'
(b) Dr.C. W. Hickam, D~-. D.S. Divers and Conway Smith
for approximately five hundred and seventy (570) lineal feet
six-inch line abutting their property, said payments based on
cost, but the total cost thereof not to exceed Two Thousand
02,000.00) Dollars, and said cost to be proportioned among t'.
three in the following manner: ~` ~ ,~ i~ s ,~r ~, ~;
~~~i a~
Conway Smith, 4(7°~ of total cost ~ _
Taw ni ~ ~'
~$6~% Dr. C.1~, Hickam, 37~ of total cost ' ~ o ~ y ,
~~, Dr. D.S. Divers, 22'~ of total cost. ° ~ "J ~~° ~,~
3. The water line, when completed, shall belong to an d
property of the said property owners, and shall remain the pr•
of the property owners until such time as the Town shall annex
area, at which time the water line shall become the property
Town. However, the Town agrees to furnis~i water service to p:
and future abutting property owners of this line and to maint;
repair it, and to otherwise operate and use the said water li:
same as if the said line belonged to the Town. The Town reset
the right to add additional users to the water line at any tip
to establish and charge regular rates, such rates to be comps:
to the rates charged to the users under similar circumstances
.~ further reserves the right to otherwise regulate the use of t'
4. It is expressly agreed and understood that the Town
not levy any special tax or charge against any of the propert;
owned by Foy Aust or Milton ~. Brockmeyer for any part of the
the construction of this said line at any future time when sax
perties'ahall connect to or when served by this water line, e:
the Town shall have the right to collect its regular service
tion charge the same as is now required of other property own•
under similar conditions.
5, It is agreed that in the event the properties ad3ac
to the water line are annexed by the Town of Pulaski, that th
shall refund to the parties of the second part of this agreem
their heirs and assigns, a proportion of their respective evs
in Connection with the construction of this water line. If s
annexation occurs within one (1) year after the date of this
went, then the Town shall refund seventy (70~) per cent of tY~
original cost paid; if within two (2) years, sixty-five (65~)
cent of the original cost paid; if within three (3) years, s3
(60~) per cent of the original cost; and the amount to be ref
at any timethereafter to be reduced at the rate of five (5,°~)
per annum.
6. In the event that the properties adjacent~to the wa
line are annexed and the Town is required to refund to tYys pr
owners certain amounts by them expended for the original cons
of the line as set out in this agreement, then the parties of
second part agree that the Town shall add this amount refunds
other amounts expended for any part of tY~e improvement now ncr
the corporate limits in an calculation of the costs oP impro~
necessary to meet the required amount of 12~ of the assessed
tract
ect
cost.
he ~~i3d
o pay
f said
actual
a
std, ~`.~
s ~. ,;F
<RG,7.i
r~,,.~
~~
be the I
this
' the
sent
n and
the
9S ,
and
.ble
and
watet
hall
now
ost o~
. pro-•
ept
nnec-
s
it
Town
it,
~ paid
Ld
3ree-
nde d
er cent
er
party
ructiga
the
to r
Mrit
ement
slue
1~~~
Council Minutes Contd. Pulaski, Va., ~ept.23,1949
of properties annexed, which 12~ is required to be set
aside in section 2958 of the Code of Virginia of 194Q
as amended, and used for improvements. `
IN WITNESS WHEREOF, the Council of the flown of
Pulaski, has, on this the day of September, 1949, caused
the name of the Town of Pulaski, a Municipal Corporation,
to be signed to this agreement by ,
of said Town, and attested with. its Corporate .cal by
Clerk of the Council, and in witness
whereo , the other parties hereto set their hands and seals,
this day of September, 1949.
TQWN OF PtTLASKI, VIRGINIA
a Municipal Corporation
ATTEST:
BY
Clerk
(SEAL)
(SEAL )
(SEAL)
(SEAL)
(SEAL)
The Council adjourned at 4:30 p.m.
Azpprove d :
~. ~~~ ~
Mayor
Attest:
~ erk of Council
1