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HomeMy WebLinkAbout02-20-73~~~~~~. Minutes of the regular meeting of the Pulaski Town Council, held February 20, 1973, in the Council Chambers in the Municipal Building. There were present: Mayor C. Robert Edens, presiding. Councilmen: Andrew L. Graham, S. G. Frye, Glen K. Aust, Raymond F. Ratcliff, Mason A. Vaughan, Arthur L. Meadows, J. L. Congrove, William A. House Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Building and Zoning Administrator: J. Rex Willis Visitors: Members of the Press Members of the Pulaski Merchants Council Members of Local Industry Representatives from the Pulaski County Chamber of Commerce And a goodly number of interested citizens of the Town The invocation was given by Councilman Aust. The minutes of the regular meeting of February 6, 1973, were approved as recorded. The visitors were cordially welcomed by Mayor Edens. Mayor Edens stated Council would be glad to hear any one who wished to speak at that time. As representative for the Pulaski Merchants Council, Bill PULASKI ~''1-int stated the Merchants Council would like to go on record as strongly COUNTY MER-recommending to the Council that the Town sell water to the Pulaski County CHANTS COUN- CI L REC. TH,~~rvice Authority because it was their belief that the Service Authority THE TOWN SELL WATER would be instrumental in securing improvements,: the revenue from the in- TO PULASKI COUNTY SER.crease i.n population would take care of this situation,. Mr. Flint stated AUTHORITY. although other members of the Merchants Council would probably make no statement, they were present to show their strength and support of the recommendation. Mayor Edens stated that it was interesting to note that he had been quoted out of context regarding the. water contract, and that he MAYOR EDENS wanted all to know that he-.was not against selling water to the County, NOT AGAINST but that he was against selling to a service authority; that his only SELLING WATER T 0 desire was that the contract be so worded as to give as much protection to COUNTY, BUT T 0 A SER- the taxpayers of the Town of Pulaski as possible, but that he felt that VICE AUTHOR- ITY. Under the proposed contract the Town citizens would have to pay the lions share in capital expansions to the water treat plant which now has ~~~rs February 20, 1973 sufficient surplus water to supply the citizens for many years. Mayor Edens further stated that during recent days it had been made to appear that the schools would be without water, which was untrue; and that a new industry is seeking to locate in the County and that he was opposed to industrial growth, all of which was untrue, but that as an elected official he must always consider the best interests of the citizens of the Town of Pulaski in making such decisions that would cause the tax- payers of the Town of Pulaski to pay unnecessary expenses and taxes. Councilman Graham stated he would like to make a motion and present for Councils adoption a Resolution concerning the water contract with the RESOLUTION County and Service Authority. Councilman Aust moved that Mr. Graham be CONCERNING WATER CONTRACTallowed to present the Resolution and requested that it be read by the WITH COUNTY AND SERVICE Town Manager. The motion was seconded by Councilman Meadows, and carried. AUTHORITY. The Resolution was then read by Town Manager Marshall. Councilman Graham stated the Water Committee had worked for WATER CONTRACT several months on the water contract, and it was now being presented for PRESENTED approval and adoption by the Council on this 20th day of February, 1973, FOR APPROVAL AND ADOPTION as well as the adoption of the Resolution. BY COUNCIL. At this point Councilman Ratcliff moved that the contract be read in its entirety, which motion was seconded and carried. Town Attorney Moore proceeded to read the contract, after which there was an amendment .WATER CONTRACT presented by Councilman Frye to the effect that the contract be amended AMENDED TO PROHIBIT COM- to prohibit commercial or industrial services by the .Pulaski County Public Ser- MERCIAL OR INDUSTRIAL vice Authority unless approved by the Board of Supervisors and the Town of SERVICES BY PULASKI COUNTY Pulaski, or the then existing governing bodies. The motion died because PUB. SER. AUTH. MOTION DIED . of the lack of a second. AMENDMENT T 0 Councilman House then offered an amendment to Section (d), SECT ION D, page 9 of the contract, dealing with the formula for the County~s share in PAGE 9 OF WATER CONTRACT 'any capital improvements, and so moved; Councilman Frye seconded the proposed amendment. After a discussion of same, and following much discussion among the visitors as well as the Council, a roll call vote was taken on the proposed amendment as follows: f ,~'a~^~'a_~ February 20, 1973 Mason A. Vaughan - no Andrew L. Graham - no Arthur L. Meadows - no S. G. Frye - aye Glen K. Aust - no William A. House - aye Raymond F. Ratcliff - no J. L. Congrove - no Councilman Graham moved the adoption of the Resolution as read by Town Manager Marshall, seconded by Councilman Meadows, and carried 1 on the following vote: Mason A. Vaughan -aye Andrew L. Graham -aye Arthur L. Meadows - aye S. G. Frye - no Glen K. Aust - aye William A. House - no Raymond F. Ratcliff - aye J. L. Congrove - aye RESOLUTION RESOLUTION CONCERNING SALE OF WHEREAS, the Water Committee has this day presented to SURPLUS the Council a contract between the Town of Pulaski, the County WATER T 0 of Pulaski, and the Pulaski County Public Service Authority, COUNTY. by the terms of which the Town agrees to sell the County sur- plus water for a period of forty (L,.O) years, or so long as the Town has surplus; and WHEREAS, the contract makes the sale of water under the terms thereof subject first to the needs of the users within the Town and all other prior contractual users for the sale of water which the Town has at the time the contract is exe- cuted. 1 NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, meeting in regular session on this 20th day of February, 1973, that: The Contract this day filed with the Council in its present. form between the Town and County of Pulaski for the sale of surplus water, be, and the same is hereby, approved. BE IT FURTHER RESOLVED that J. E. Marshall. Town Manager shall execute the contract on the part of the Town and Gladys R. Dalton, its Clerk, shall attest same. That the contract shall be presented immediately to the County for its approval. Councilman Graham moved that the water contract as read by Town MAYOR EDEN$ttorney Moore be executed on the part of the Town and that the executed REFUSES TO S IGN CON- copy be turned over to Mr. Moore to be submitted by letter to the Pulaski TRd~CT . County Board of Supervisors, and that Mayor Edens be directed to sign the contract. The motion was seconded by Councilman Meadows, and carried - Councilman House and Councilman Frye abstained from voting. At this point 1 Mayor Edens asked that the minutes show that he refused to sign the contract. Councilman Vaughan moved that the portion of the motion directing the Mayor to sign the water contract be reconsidered, and the motion was seconded by Councilman Ratcliff, and carried. ,, ~,. ~ , ,~ February 20, 1973 Councilman Graham then moved that the Town Manager be directed CONTRACT CON- CERNING SALE OF SURPLUS WATER TO COUNTY. to sign the water contract on behalf of the Town, and the motion was seconded by Councilman Meadows, and carried. THIS CONTRACT made and entered into this 20th day of February, 1973, by and between the TOWN OF PULASKI, VIRGINIA, a Municipal Corporation, party of the first part, hereinafter referred to as Town; and the COUNTY OF PULASKI, VIRGINIA, a political subdivision, and the PULASKI COUNTY PUBLIC SERVICE AUTHORITY, herein referred to as Agent of Pulaski County, parties of the second part, hereinafter referred to as County, unless Pulaski County Public Service Authority is referred to separate- ly as .Agent; - W I T N E S S E T H- WHEREAS, the Town, as a municipal function, owns and operates a water system for the distribution of water to the residents within the corporate limits of the Town of Pulaski,-and by.,contract has extended water lines for distribution of .surplus water to portions of Pulaski County outside the corporate limits of the Town, and particularly to the-Town of Dublin, Virginia, for distribution through its system for its citizens within the corporate limits of the Town of Dublin, and for certain areas im- mediately adjacent thereto; and WHEREAS, the Town of Pulaski, after taking into account its afore- mentioned contractual obligation for sale of surplus water outside of its corporate limits, has determined that it still has a surplus supply of water of at least one hundred fifty thousand .(150,000) gallons per day in addition to that now needed for its own citizens and to meet its contractual obligation for,the immediate future; and Wl~REAS, the County through its Board of Supervisors requested the Town to supply water to County for use at the new Pulaski County High School located outside the corporate limits of the Town, and for further distribution by the Pulaski County Public Service Authority; and WHEREAS, the Town heretofore tentatively agreed to supply the County, so long as a surplus exists, with a maxi?m~m of one hundred fifty thousand (150,000) gallons of water a day for a period now determined to be for at least .forty (40) years, but with no guarantee by the Town that there will be a surplus of water available; and WHEREAS, the parties hereto.. desire by this agreement to establish and agree upon certain conditions and terms for the sale of surplus water by the Town to the County, and to further provide that rules, regulations and details of procedure, as well as supplemental agree- ments, may from time to time subsequent to the execution of this contract be agreed upon and made apart hereof. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the Town does hereby agree to sell and deliver to the County from its surplus supply of water and the County agrees to purchase and receive water from the Towns water system, upon specific covenants and conditions herein set out and agreed upon as follows: (1) DEFINITIONS The parties hereto agree that the following words, terms and abbreviations when used in this contract shall have the following meanings: A. AREA shall mean that portion of Pulaski County which lies within one (1) mile of the corporate limits of the Town of Pulaski, except, however, in measuring the one-mile distance lying northeast of the Walter Allison farm. There, it shall be measured or extended one (1) mile from a point on the Town corporate line near the northeast corner of the Walter Allison property where it corners with the Pulaski Industrial Development Authority property, and from a point on the February 20, 1973 corporate line near the southeast corner of the Allison property in CONTRACT the western boundary line of Peppers Ferry Road; and, further and in CONTINUED addition to the above, that portion of the County that lies as a cor- ridor for a distance of six hundred (600) feet on either side of the Dublin line (12-inch), and shall include all of Newbern Heights Sub- division, although some portions thereof may be farther than six hundred (600) feet from the Dublin line; and further, that portion of the County within the limits of any incorporated town, all of which is shown on a map attached hereto and. made apart hereof. B. TOWN: The Town of Pulaski, Virginia. C. COUNTY: ;:The. County of Pulaski, Virginia, and the Pulaski County Public Service Authority. D. AGENT shall mean Pulaski County Public Service Authority if and when used herein as a separate designation. E. PERSON: Any individual, firm, company, association or cor- poration, including public agencies. F. WATER shall mean treated water distributed by the Town through its distribution and treatment facilities. G. DUBLIN LINE shall mean the 12-inch water line through which the Pulaski Water System supplies water to the Town of Dublin. H. MAIN PRESSURE shall mean the gravity pressure to be found on the Dublin Line at the connection point-where the water is delivered to the County. (2) (a) The Town agrees to sell to County from its surplus water supply up to one hundred fifty thousand (150,000) gallons- per day, said water to be of the same quality as supplied to residents of the Town. The one hundred fifty thousand (150,000) gallons to be supplied shall mean a maximum of one hundred fifty thousand (150,000) gallons upon any one day and not an average of one hundred fifty thousand (150, 000) ga].,l.ons over any number of days . (b) The County agrees to pay the Town for said water at the rate of forty-five cents 00.45) per thousand gallons, which includes the production costs and a cost-plus factor. (c) The Town shall furnish said water at "main pressure" from the Dublin line at or near the master metering station on Slaughterhouse Road (State Route 643). The County shall have sole responsibility for the distribution of said water once it leaves the Town's line. (d) In installing water distribution facilities, including lines, meters, valves, connections and other equipment, the County shall use materials, equipment, methods and workmanship which are acceptable under normal standards and specifications recognized in the State of Virginia for similar systems, but in no event shall such materials, equipment, methods and workmanship be of lesser quality than those used or required by the Town for its own water system, except all mainlines four (4) inches and over shall be of cast iron pipe. (3) The Term of this agreement shall be for a period of forty (40) years beginning on the 20th day of February, 1973, and continuing in effect 'through the 20th day of February, 2013. However, it is specifically understood and mutually agreed between the parties that by reason of both parties being municipal corporations, that they are bound by certain specific laws not affecting individuals, but which govern the operation of municipalities and limit their obligations, that under such laws, future operations under this contract p~~ C ONTI~ACT CONTINUED February 20, 1973 mazy be affected. It is further understood and agreed that the Town has no authority to supply or sell any water outside its corporate limits other than surplus water, and that the obligation of the Town hereunder to supply water to the County shall be limited thereby. At any time in the judgment of the Town, acting through its Council and after a proper hearing the Council adopts a resolution declaring that there is no longer a surplus of water available for sale under this contract, then this contract shall become inoperative until such time as the Town Council declares that there is a surplus of water available. There shall be no ~.ppeal from the Townie decision on sur- plus water. In this regard it is recognized, understood and agreed that the Town is obligated first to the residents of the Town, and secondly, to any and all users of the Town water now obtaining same .under contractual arrangements predating this contract, and particularly the contract with the Town of Dublin by which it supplies water to its residents and to certain other users outside of and adjacent to the corporate limits of Dublin. This a,~,reement is specifically made subject to all these obligations. 1 (4) (a) The County shall purchase, secure, and install at its cost, all water mains and lines, meters, valves, fireplugs, meter stations or boxes; and any and all other equipment necessary to construct an adequate water system to receive and distribute the water purchased under this contract. The County shall have the obligation at its cost to maintain and keep all the facilities constructed and which are a part of this system in a good state of repair. The plans for the original construc- tion and any reconstruction or extension of the County water system shall be approved by the Town prior to commencement of any work thereon. (b) Connection of the County line shall be made with the Towns main at or near the S:1:aughterhouse Road, Route 6h3, metering .station for the Dublin line. The County shall construct at this point a metering station or box, install a proper meter and other equipment necessary to correctly measure the number of gallons of water delivered to the County at the point. (c) After the construction and completion of all installations and after the same have been tested, the Town shall turn the water into the lines upon the written request of the County. (d) The County shall provide in its system necessary cut-off valves, check valves, and other appropriate equipment for adequate and proper control of the system, both in the original construction and in any extension thereof. All material, valves, and other equipment shall be of sufficient design and size to allow for a proper and efficient distribution. In the event any part of the system is found not to be of proper construction, size or design, it will be replaced within a reasonable time by and at the expense of the County. (5) (a) Water sold under this agreement shall be measured through a meter installed by the County at or near the Slaughterhouse Road connection. Said meter used shall be regularly inspected and tested at the same time other meters of similar size within the Town are inspected and tested. Certificates of inspection shall be filed with the Town and County. The County shall pay the actual costs of inspection and testing. (b) Insofar as possible, the Town shall read the meter on the same day monthly. The time of reading shall be agreed upon by the Town and the County, and if no agreement is or can be reached, the Town shall establish the time of reading and so notify the County in order that the County may have an employee or agent present at the time the reading is made, if it so desires. (c) All statements of charges for water used shall be based upon readings, of the meter, except,. however, if at any period said meter shall fail to correctly register the flow of water, or if for any reason the meter shall have been temporarily removed or damaged in any way, or for any reason it is out of working condition, billing for water during 1 ¢~~-~~`~ February 20, 1973 such period shall be made based on the average monthly charge for water CONTRACT supplied during the six months immediately prior thereto. CONTINUED (d) The Town shall render to the County as soon as possible after said reading, at the end of each monthly period, a statement for the water used during that monthly period, and payment therefor shall be made by the County to the Town Treasurer within fifteen (15) days after receiving the statement of the charges due and owing. All sums paid the Town by the County shall be for water used and shall in no way constitute or create any equity or interest in .the Town's water system. (e) Should default in payment occur, the Town shall notify the County in writing of such default and if payment is not received within thirty (30) days of such notice, the Town shall have the right to dis- continue the furnishing of water. (6) The County recognizes and agrees that it would be unfair for the Town to supply treated water at any time hereunder at a rate that would enable the County to sell water to consumers purchasing from it at a rate less than that paid the Town by other users outside the corporate limits. The County does therefore covenant and agree that the water rates charged private consumers by the County connected to their system shall at no time be less than that paid to the Town by private consumers outside the corporate limits of the Town for the same amount of water and for similar services. (7) (a) The rates charged by the Town under this contract may be re-negotiated every two (2) years., providing that the party so desiring to re negotiate shall give to the other party at least six (6) months notice in writing prior to the end of any two-year period of its desire to re-negotiate. Such notice must specify the charges (rates) sought and the reasons therefor. In the absence of notice to re-negotiate, the rates will remain unchanged for the next succeeding two-year period. (b) In negotiations to determine any increase in rates over and above the forty-five cents (0.45) per one thousand (1,000) gallons. agreed upon in this contract, the parties shall use the following: 1. Costs of Production and Distribution of Treated Water: A11 expense for the costs of operating the Towns entire water. system, including costs of ordinary maintenance and repair. Expense for improving the water system in order to improve the quality of water for consumption, if and when required to do so by any lawfully constituted authority. When costs are determined, they shall be translated into the costs per one thousand (1,000) gallons of water. To this ,cost'o~ pro- duction`and distribution fi~Jux~e shall be added an additional cost factor of at least twenty-five (25~) per centum thereof as a general overall administrative and overhead burden of governmental cost. 2. Capital Improvement. A11 sums which the Town is required to expend for capital improvements to obtain full capacity of its present system, and all sums expended for modification, additions and expansion of the water treatment system; and all sums expended for improving distribution system when same is required to supply water under this contract. When expenditures are made for distribution system within the Town and are required solely for distribution under this contract, the entire cost shall be paid by the County. Debt service on all improvements shall be considered as a part of the costs thereof. (c) It is understood and agreed that the Town shall be the sole authority to determine whether or not any capital improvement will be made, the improvement, the sum to be expended, and the time it will be made. No inference shall be drawn, either directly or indirectly from ~-`_~ ~~ CONTRACT CONTINUED February 20, 1973 from the fact that reference is made herein to Capital Improvement, 1t~at the Town is committed to make capital improvements. (d) In any future consideration for rate change under this contract based on factors of Capital Improvement as set. out in (b) 2 above. (with the exception in b (2) of improvements required solely to supply water to the County)., the parties shall use the factors herein- after set out, as follows: Base Factor: (Daily) Gallons Town's present total surplus 0,220,000 County~s proposed use of surplus 150,000 Percentage--County~s use to surplus 12.3 Future Calculation Determine daily consumption of County in gallons. Determine percentage of County-s consumption to 1,220,000 surplus. 1 If percentage is greater than 12.3, subtract 12.3 from new percentage, and apply the resulting percentage to the total costs of Capital Improvement made by the Town. The resulting sum in Dollars shall represent the amount the_County shall. pay. toward the cost of the Towns Capital Expenditure. In the event-that the County pays this in a lump. sum, then no further consideration shall be given to this item of capital improvements in determining the rate per thousand gallons. However, if the sum is not paid in a lump sum, a sufficient amount shall be added to the rate to be charged in the future per one thousand gallons to pay said sum determined to be due by the County, plus interest thereon (same rate Town pays), over the remaining term of the contract from date of calcu- lation. It is agreed that the above formula is applicable only until the Towns total surplus of 1,220,000 gallons is exhausted. It is .further agreed that the above formula does not take into con- sideration any costs expended by the Town for Capital Improvement for increasing the capacity of the water system and thereby increasing the available surplus above the present 1,220,000 gallons. Therefore, it is agreed by the parties hereto that if and when the Town contemplates capital improvements to increase the capacity of its water system, the County shall share in the costs .thereof even though the County is then only using one hundred fifty thousand (.150,000) gallons per day, if the County desires to continue to purchase water from the Town after the present surplus of 1.,220,000. gallons has been exhausted, either by additional use of water by persons within the Town or by the sale of water to persons outside the Town, or by a combination thereof. (e) In the event that the Town and .County are unable to agree upon a rate or rates to be established at such time, it is agreed that the issues shall be submitted to an.arbitration board. .Each party shall select one arbitrator with experience on the questions of water rates and the two shall then select a third arbitrator if the two are unable to agree. The arbitration board shall consider the factors herein contained for establishing the rate and shall establish by majority vote the rate to be paid under this agreement until new rates are thereafter established under this contract. (8) (a) The County shall obtain or will cause to be obtained neces- sary easements for the construction, reconstruction, improvement, per- manent maintenance and repair of all. installations proposed under this contract. A11 such water lines, easements and any water treatment and distribution facilities constructed by the County shall be and remain the exclusive property of the County, unless_otherurise agreed by the County. (b) The parties hereto further covenant and agree that during the term of this agreement they shall comply with and cause compliance with c-~ ^~~*~ February 20, 1973 any aud. all applicable statutory provisions or lawful orders and directives CONTRACT of the State Water Control Board, or other proper authority. CONTINUED (g) The Town, or its authorized agents or employees, are hereby granted the right of ingress and egress at any time to inspect the facilities installed under this contract, including all metering stations, pump stations, and related facilities. The County or Agent shall pay the actual costs for inspections, testing of meters, and repairs thereof. (10) It is understood and agreed that the County is purchasing water under the contract particularly for use at the new Pulaski County High School, and in order to develop a source and supply of water for the Pulaski County Public Service Authority for the above use, as well as water for establishing and constructing a separate distribution system to supply water to persons outside the area reserved by the Town. It is further agreed that although the Pulaski County Public Service Authority is a legally established separate political subdivision governed by general law, that under this contract and in its relationship to the Town hereunder, it is acting solely as an Agent of the County. It is specifically under- stood by the parties that the County shall be responsible under the laws of agency for the action of the Pulaski County Public Service Authority, and the Town is contracting with it only upon those terms. (11) The parties hereto agree that neither the County nor the Pulaski County Public Service Authority will supply water to any of that portion of Pulaski County described and designated as "AREA" under paragraph (1) of this agreement, and as set out by boundary lines upon the map thereof attached hereto and made a part hereof, unless the Town has received a written reasonable request from any person living in said AREA for water for single dwelling units and does within a reasonable time by proper re- solution of Council waive its rights retained in this contract to supply it on an individual basis, or declare that it is not feasible or that the Town does not desire to furnish the water service requested. In the event that the County receives a request for water service in the part of the County reserved to it, then it may declare that to them it is not feasible or the County does not desire to furnish water service under the same procedure set out above for the use of the Town, in which instance the Town may, if it desires to do so, furnish water under its regular out-of-Town policy. (12) The parties hereto may mutually agree to promulgate and establish rules and regulations or schedules pertaining to details for carrying out the terms of this contract, and such rules or regulations established, or if other agreements are made, shall be added to this contract as Addenda and incorporated herein, subject to applicable terms of the contract. (13) Upon completion, or when requested by the Town prior thereto, of a line or other facilities by the County, or after any extension thereof, the County shall make a map showing the exact location "As Built" of all such installations,. including location of meters, valves, etc., and shall furnish to the Town a copy of such-map, together with the necessary amend- ments thereto as additional lines are constructed, all within a reasonable time. (]./,) It is further agreed between the parties that in the sale of water hereunder the Town shall not be liable on claims for damage to property or for personal in3ury to the County, the Agent, or to any person, firm or corporation purchasing water from the County or otherwise in privity with the County, for the interruption, stoppage of water service, lack of pressure, flooding or for any other reason because of the sale of water under the terms of this agreement, except in any case where the negligence of the Town is the sole proximate cause of in3ury or damage, and the Town could be held liable under the general law; the County further agrees to take out and keep in full force and effect a policy of insurance with proper endorsement thereon to the Town, to hold harmless the Town fry all claims for damages as aforesaid. February 20, 1973 (15) The parties hereto may from time to time agree to install new and additional water lines through which the Town will supply the County C ONTR!!CT the one hundred fifty thousand (150, 000 CONTINUED and to be used outside the Area. In the eventnthef doter agreed to herein y gree, supplemental contracts shall be drawn showing the point of origin, terms and location of lines, meters and other facilities. Such ..supplemental contracts may be incorporated by reference into this agreement. (16) Should any portions of this contract be declared null and void for any reason, by a final adjudication of a court of competent juris- diction, the remainder of said contract shall remain in full force and ef- fect, unless the parties agree otherwise, If the parties are unable to agree on the feasibility of complying with the remainder of the contract, the issue shall be submitted to binding arbitration under the method set forth in paragraph (7) above, unless the question concerns whether there is surplus water,. in which case, the Towns decision shall be final. IN WITNESS WHEREOF, the Town of Pulaski, Virginia, has caused this Contract to be executed by ~si~ned) J. E. Marshall,. its Town Mana.eer, and attested by Gladys R. Dalton, Clerk, with .its seal affixed; the County of Pulaski, Virginia, has caused this Contract to be executed by ~si~ned) Archa Vaughan. Jr., its Chairman, and attested by si ed Robert McNichols, with its seal affixed; and the Pulaski County Public Service Authority has caused this Contract to be executed by si ed R. H. Love. its Chairman, attested by ~si~ned) Robert McNichols, with its seal affixed, the day and year first above written. ATTEST (signed) Gladys R. Dalton Clerk of Council ATTEST: (signed) Robert McNichols ATTEST (signed) Robert McNichols TOWN OF PULASKI, VIRGINIA By (signed) J. E. Marshall COUNTY OF PULASKI, VIRGINIA By ~si~n.ed) Archa Vauehan. Jr. PULASKI COUNTY PUBLIC SERVICE AUTHORITY By (sinned) R. H. Love STATE OF VIRGINIA, COUNTY OF PULASKI, to-wit: I, ~si~ned) Linda T. Ruble, a Notary Public in and for the County aforesaid, in the State of Virginia, do hereby certify that si ed J. E. Marshall, and Gladys R. Dalton, Clerk of Council of the Town of Pulaski, Virginia, whose names are signed to the foregoing writing bearing date on the 20th day of February, 1973, this day personally appeared before me in my County aforesaid and acknowledged the same to be their act and deed. Given under my hand this 20th day of February, 1973. My commission expires: Dec. 30, 1974 ~si~ned) D. Obel Ratcliff Notary Public STATE OF VIRGINIA, COUNTY OF PULASKI, to-wit: I, (signed) Linda T. Ruble, a Notary Public in and for the County aforesaid, in the State of Virginia, do hereby certify that si ed Archa Vauehan. Jr., Chairman. and (signed) Robert McNichols,County Administrator of the County of Pulaski, Virginia, whose names are signed to the foregoing writing bearing date on the 20th day of February, 1973, this day personally appeared before me in my County aforesaid and acknowledged the same to be their act and deed. Given under my hand this 27th day of February, 1973. My commission expires: June 25, 1975 1 1 (signed) Linda T. Ruble Notary Public ~`$ ~_ February 20, 1973 STATE OF VIRGINIA, CONTRACT COUNTY OF PULASKI, to-wit: CONTINUED I, (signed) Linda T. Ruble, a Notary Public in and for the County aforesaid in the State of Virginia, do hereby certify that si ed R. H. Love, Chairman, and (signed) Robert McNichols, County, Administrator of the Pulaski County Public Service Authority, whose names are signed to the foregoing writing bearing date on the 20th day of February, 1973, this day personally appeared before me in my County aforesaid and ac- knowledged the same to be their act and deed. Given under my hand this 27th-day of February, 1973. My commission expires: June 25, 1975 (signed) Linda T. Ruble Notary Public Albert McClanahan inquired relative to the plans of the Town for PLOTS IN providing family plots and improvements in the Pinehurst Cemetery, and was PINEHURST CEMETERY advised by Town Manager Marshall that as soon as the weather permits the TO BE AVAILABLE annex to the Cemetery would be cleared and plots would be available for FOR SALE . sale in the not too distant future. Councilman Frye reported that a 1964 pickup truck in the Public PICK- UP Works Department needs to be replaced, and the Town has received a low bid TRUCK RE- PLACED IN of X2,050.00 on a trade-in. It was the Committee's recos~mendation that the PUBLIC WORKS DEPARTMENT. sum of X2,050.00 be transferred from Account- 6065 -fencing account, to Account #6060, Vehicle Replacement, to replace said truck, and so moved. The motion was seconded by Councilman Vaughan, and carried on the following vote Mason A. Vaughan -aye Glen K. Aust - aye Andrew L. Graham -aye William A. House - aye Arthur L. Meadows - aye Raymond F. Ratcliff - aye - S, G. Frye - aye J. L: Congrove -.aye Councilman Frye reported that at a previous meeting of Council $6,7 58.40 the purchase of two police cars had been authorized with an appropriation FROM REV. SHARING from the General Fund Surplus; and that it was now the recommendation of FUNDS FOR TWO POLICE the Committee that this item be made in the amount of $6,758.40 and from CARS. the Revenue Sharing Funds. The motion was seconded by Councilman Aust, and carried on the following vote: -Mason A. Vaughan -aye Glen K. Aust - aye Andrew L. Graham -aye William A. House - aye Arthur L. Meadows - aye Raymond F. Ratcliff - aye S. G. Frye - aye J. L. Congrove - aye After hearing a report from the Town Attorney that there is no ORDINANCE COMMITTEE regulation in the State Code governing pool tables of smaller than stand- TO STUDY AMENDMENT and size, and that the Town could amend its code in some reasonable method, TO CODE CONCERNING if they so desired, Councilman Graham moved that the matter be referred SMALL SIZE POOL TABLES to the Ordinance Committee for study and recommendation to Council. The motion was seconded by Councilman Aust, and carried. ~~~. e ~~~~ February 20, 1973 An ordinance to re-affirm and establish the Police Department, the ORDINANCE Fire Department, the Pulaski County Life Saving & First Aid Crew, and the TO RE-AFFIRM POLICE DEPT., New River Valley Emergency Squad, Inc., as integral parts of the Official FIRE DEPT., ETC. AS PARTS Safety Program of the Town of Pulaski, was presented to Council by Town OF OFFICIAL SAFETY PROGRAM.Attorney Moore, and on motion. of Councilman Vaughan, seconded by Council- man Aust, and caxried, was adopted as follows: AN ORDINANCE to reaffirm and establish the Police Department, the Fire De- partment, the Pulaski County Life Saving & First Aid Crew, and the New River Valley Emergency Squad, Inc., as integral parts of the Official Safety Program of the Town of Pulaski, Virginia. BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in Regular Session on this 20th day of February, 1973, that: WHEREAS, the General Assembly of the Commonwealth of Virginia, did in 1972 by Chapter 670 of the Acts of Assembly, enact what was therein designated the "Line of Duty Act"; and WI~REAS,said Act defined "deceased" to mean any person whose death occurs as the direct or proximate result of the performance of his duty as a law enforcement officer of the State or any of its political subdivisions, or as sheriff, deputy sheriff, city sergeant, deputy city sergeant, or as a member of the fire company or department, or rescue squads which are integral parts of the official safety program of any county, city, or town; and WI~REAS, in gratitude to and recognition of every deceased for his sacrifice. on behalf of the people of this Commonwealth, his beneficiary shall be entitled to receive a sum not to exceed Ten Thousand Dollars 010,000.00) payable from the general fund of the State Treasury; and WHEREAS, the Act further provided a procedure to be followed in order for a beneficiary .to obtain the benefits,.providing the Town has adopted the ordinance required by the Act. WHEREAS, the Council of the Town of Pulaski .desires by this ordinance to comply with the terms of the Line of Duty Act and to reaffirm and establish that the Police Department, the Fire Depart- ment, the Pulaski County Life Saving & First Aid Crew, and the New River Valley Emergency Squad, Inc., are integral parts of the official safety program of the Town of Pulaski and as such meet the qualifications for the benefits to be paid by the State. BE IT THEREFORE ORDAINED that the Police Department, the Fire Company or Department, the Pulaski County Life Saving & First Aid Crew, and the New River Valley Emergency Squad, Inc., and the mem- bers thereof have been and they are hereby reaffirmed and establish- ed by this Ordinance to be an integral part of the safety program of the Town of Pulaski, Virginia, and as such an insofar as the Town of Pulaski has the authority axe hereby declared to be quali- fied for benefits under the terms of the Line of Duty Act enacted by the General Assembly of the Commonwealth of Virginia at its session in 1972, and as set out and contained in Title 15.1-136.1 through 15.1-136.7, inclusive of the Code of Virginia of 1950, as amended. '~ 1 f~~ r%..~L February 20, 1973 Adopted this 20th day of February, 1973, by recorded vote of the Council as follows: Glenn K.~Aust - aye S. G. Frye - aye Raymond Ratcliff - aye A. L. Graham., Jr. - aye J. L. Congrove -.aye William A. House -aye Mason Vaughan - aye Arthur Meadows - aye Town Manager Marshall reported that he and Mayor Edens had met with representatives of the Soil Conservation Service of February 16th and CORPS OF ENGINEERS discussed the possibilities that may be considered in correcting the TO STUDY - FLOOD P LAINflooding problems in Pulaski. It was suggested at the meeting that the TO SEE WHAT STATUS FOR Town contact the Corps of Engineers to see what the status of the Flood ENT IRE COUNTY MIGHTlain Study for the entire County might be. It was indicated that it BE. might be some time before the flood plain study will be started, however, the Soil Conservation Service planned to also check on the matter. Council would be advised of any information received from the Corps of Engineers. Town Manager Marshall advised that a letter had been received from the Virginial Municipal League informing the-Town of a Mayor's Conference to MAYOR'S be held in Washington, D. C. on March 4th, 5th, and 6th at the Washingt©n- CONFERENCE T 0 BE HELD Hilton Hotel, and recommended that as many as possible of Council members IN WASH. D.C. MAR. try to attend this conference largely devoted to workshops on issues on 4,5,6• cutbacks, unemployment and manpower programs cutback, and other .programs. Mayor Edens stated Council should be making some decision on a referendum on the Housing Authority issue. Town Attorney Moore promised to get out a memorandum to the members of Council, Mayor and Town Manager giving a step by step procedure to be followed in the holding of a referendum. On motion of Councilman Vaughan, seconded by Councilman Graham, and carried, the meeting adjourned at 10:00 P.M. APPROVED: ~' Mayor Edens ATTEST: ~ ~' Clerk Council