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HomeMy WebLinkAbout01-19-65--T--- ~~79 Minutes of the regular meeting of the Pulaski Town Council, held on the 19th day of January, 1965, at l~:00 P. M., in the Municipal Office. There were present: Mayor C. V. Jackson, presiding. Councilmen: C. B. Gallimore, W. S. Cummings, H. H. Eggert Rudolph Farmer, W. A. Larson, F. L. Carrico, T. J. McCarthy, Glen K. Aust Also present: Tan Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Midge Woodard, Southwest Times reporter Paul Dellinger, Toanoke Times reporter The invocation was given by Councilman Gallimore. Minutes of the regular meeting of January 5th were approved as recorded. Town Mana ger Noland advised that Mr. and Mrs. Gene A. Umberger had filed a formal application to place a house trailer on their lot located on Martin Avenue, and had deposited the required PUB.HFARING sum of $10.00. Councilman Gallimore moved that the application be TO BE HELD ON APPLICA. handled in the usual manner adopted by Council, and that a public OF UMBERGER FOR PLACING hearing be advertised to be held at Council's next regular meeting. HOUSE TRAILER This motion was seconded by Councilman Farmer, and carried unanimously Councilman Cummings reported that the Water Committee had met to study the proposed water line extension to Byrd Drive; that there appeared to be at least nine homes in the area to connect to the WATER COMM. REPORTS ON line, which line was estimated to cost between $8500. and $9000., and BYRD DR. EXTENSION would temporarily tie in with the Needmore water tank setup. Mr. Cummings advised that it was the Water Committee's recommendation that the water line be extended to Byrd Drive. There followed a discussion relative to the town's policy with reference to securing advanced connection fees before the actual work is started, as well as to determine defi nitely how many property owners will be willing to pay the advanced fee. It was agreed by Council to hold the matter over until the next regular meeting of Council in order that all interested persons can be contacted. ::=980 Council rains. contd. 1/19/65 On motion of Councilman Eggert, seconded by Councilman Gallimore, and carried unanimously, the following resolution was adopted: WHEREAS, the Town of Pulaski and the Town of Dublin executed the agreement, dated the 31st day of December, 196?, pertaining to the sale of water by the Town of Pulaski to Dublin, at a joint public meeting of the two councils on the 15th day of January, 1965; and, RESOLUTION WHEREAS, the Council has directed that a copy of the RE: DUBLIN agreement be made a part of the minutes of this Council; WATER LINE NOW, THEREFORE, BE IT RESOLVED that the agreement AND dated the 31st day of December, 1964, between the Town of Pulaski, Virginia, and the Town of Dublin, Virginia, be, and the same is hereby, made a part of the minutes of this meeting, and the Clerk of said Council is directed to attach a copy of these minutes as a permanent record of said agreement. AGREEMENT THIS AGREEMENT, made and entered into this 31st day of December, 196l~, by and between the TOWN OF PULASKI, VIRGINIA, a Municipal Corporation, party of the first part, hereinafter designated Pulaski, and the TOWN OF DUBLIN, VIRGINIA, a AGREEMENT Municipal Corporation, party of the second part, hereinafter designated Dublin; SULLOWS - WITNESSETH - WHEREAS, Pulaski, through its Council did by resolution adopt on the ltth day of August, 19bl~, find and declare that Pulaski has an ample supply of water for all of the residents of the Town of Pulaski, and in addition thereto that an excess supply exists, thereby creating a surplus for sale outside the corporate limits of said Town of Pulaski; and, WHEREAS, Dublin did by resolution adopt on the 6th day of August, 196, indicate its desire to purchase water from the Town of Pulaski, Virginia, and its willingness to pay unto the Town of Pulaski the sum of One Hundred Twenty-five Thousand Dollars ($125,000.00) for construction of a certain line between Pulaski and Dublin through which water could be made available to Dublin; and, WHEREAS, the parties hereto desire by this agreement to establish and agree upon certain general terms for the sale and purchase of said water and to establish and set up a method and procedure by which the parties can from time to time agree to changes and details of procedure, ~by the use of schedules and addenda of any such supplemental agreement believed to be necessary and desirable for such a project. NOW, THEREFORE, in consideration of the premises, and more particularly in consideration of the mutual covenants and conditions herein contained, and other good and valuable consideration, Pulaski does hereby agree to sell, and deliver to Dublin, from its surplus supply of water, and Dublin agrees to purchase and receive water from Pulaski through the Pulaski distribution system, in at least the amount of three millions gallons per month, for a period of twenty-five (25) years, and thereafter as provided, all upon those certain covenants and conditions herein more particularly set out and agreed upon, as follows: X481 Council rains. contd. 12/31/6!t (1) (a) Pulaski will sell from its surplus water supply and deliver to Dublin, and Dublin will purchase and receive, water of a quality no lower than that supplied to the Pulaski residents, said water to be delivered through a twelve-inch water line begi nning at the Warden Springs installation of the Pulaski water system and terminating north of the present State Route #100 near the Interstate #81 interchange at the end of a twelve-inch line recently constructed by the Town of Dublin; said water to be under sufficient pressure to fill the Dublin water tank known as the Fair Akers tank. (b) Upon completion of the line, the parties hereto shall cause to be prepared a map showing its location, together with all installations thereon, including its mayor appurtenances, connections, lateral extensions, meter and meter vault, and such other install ations as the parties may agree upon; and, the parties, where development along the line makes it necessary, shall from time to time amend said map so as to show any and all new appurtenances, extensions, connections, etc. installed and added; it being the intention of the parties to provide a current map showing the line, installation and development thereon, Copies of these maps shall be maintained and kept in the offices of each of the parties hereto. (2) (a) The term of this agreement shall be for a base period of tweety-five (25) years beginning on the 31st day of December, 196l~, and continuing in effect through the 31st day of December, 1989. The parties hereto covenant that each is entitl ed to rely upon this contract for said base period of DUBLIN WATER twenty-five (25) years. This agreement shall thereafter con- tinue in full force and effect until such time as either party shall give unto the other written notice at least five (5) years LINE AGREEMENT prior to the intended date of cancellation of its intent to cancel the contract. In the event this contract is cancelled, then owner-• ship in said portion of said line as herein established together with extensions therefrom shall vest in the respective parties who exercised control and ownership over that portion of said line immediately prior to the cancellation date. (b) It is agreed that either party shall be, and is hereby granted an option to renegotiate the wholesale rates hereinafter provided at five-year intervals, providing that the party so desiring to renegotiate shall give to the other party at least twelve months' notice in writing prior to the end of any five-year period of its desire to renegotiate. Such notice must' specify the changes sought, the reasons therefor and shall includ e supporting data. In the absence of notice to renegotiate, the rates will remain unchanged for the next succeeding five-year period. No rate change shall be considered for the first 10 ,years,t (c) In the event that Pulaski and Dublin are unable to agree upon a rate or rates to be established for the ensuing five-year period, it is agreed that the issues shall be submitted to an arbitration board consisting of three arbitrators. Each party shall select an arbitrator with experience on the duestions of water rates and the two shall then elect a third arbitrator to hear and establish the terms of the new agreement as to rates and any other issues which may have been under consideration by the parties hereto, and so indicated on the notice given. (3) (a) Pulaski will supply treated water frrnn its regular system and will pump same from Warden Springs through the twelve-inch line constructed, and will own, control and maintain the said twelve-inch line from Warden Springs to a point at Slaughter House Road (State Route 643), and the installation there located including the meter, meter vault and all other necessary ~~~32 Council rains. 1/19/65 appurtenances; from the point at Slaughter House Road east, Dublin will own, control and maintain the line to the connection with its regular water line at or near the interchange of Route #100 and Interstate #81. (b) Pulaski and Dublin shall exercise ownership and control of all lateral extensions from the twelve-inch line on their respective sides of Slaughter House Road, with Pulaski exercising ownership and control on the west of Slaughter House Road and north to the N. & W. Railroad and to the south to Route #611, with Dublin exercising ownership and control to the east, from the Railroad on the north, to Route #611 on the south; In the event it becomes necessary and desirable to extend water mainst laterally beyond these points from this line, control, responsibility and ownership therefor shall be agreed upon by the parties and such agreement shall be added to this contract as an Addendum. In the event no agreement is reached, each Town shall proceed as it may so desire. (!~) In addition to the water rates herein provided for water consumed, Dublin shall pay to Pulaski the sum of One Hundred Twenty-five Thousand Dollars ($125,000.00) upon the construction of the aforesaid described line and appurtenances, which sum shall be paid to Pulaski from time to time during the DUBLIN WATER construction of said line and more particularly at such times as the parties shall hereafter agree upon and establish by LINE AGREEMENT schedule, attached hereto as an Addendum. (5) (a) The installation at Slaughter House Road, referred to herein (being a meter, meter vault, and such other installations as are necessary for the measuring of water) shall be made by Pulaski. (b) The water supplied to Dublin shall be measured through the meter or meters installed and maintained by Pulaski. Dublin shall have the privilege of checking and inspecting said meters at all reasonable times. (c) Insofar as possible, the meter shall be read on the same day and at the same time each month, which time of reading shall be agreed upon by the parties hereto and shall be accomplished in the presence of representatives of both towns if so desired. All statements for water shall be based upon such readings, provided, however, if at any period said meter or meters shall fail to correctly register the flow of water or if for any reason the meter shall have been temporarily removed or in the event there is an overflowage due to the negligence of Pulaski or if the meter be out of working condition, billing for service during such periods shall be made on the monthly average supplied for the prior six months, or the minimum, if it is greater. In the event that the parties at any time agree to measure water in cubic feet, the gallons supplied shall be calculated at the rate of 72 gallons for each cubic foot. (d) The parties hereto may promulgate and establish such other rules and detailed regulations pertaining to the read- ing and billing as they deem to be advisable, and in the event such regulations are agreed upon, they shall be made a part of this contract and incorporated herein as an Addendum. (6) (a) When the pro~eet is complete, the line and other equipment tested and put into service, Dublin agrees to pay Pulaski for the water received at the rate of thirty cents 01.30) per one thousand (1,000) gallons of water used; Dublin shall pay for at least a minimum of three million (3,000,000) gallons monthly, regardless of the number of gallons less than three million actually used. Council rains. contd. 1/19/65 ~~83 (b) Pulaski shall render at the end of each month a statement to Dublin for the water used during the monthly period., and payment therefor shall be made by Dublin to Pulaski within fifteen (15) days after receiving the statement of the charges due and owing as shown on the statement. In the event the purchaser defaults in payment, then the seller shall notify purchaser that service will be discontinued at the end of thirty (30) days unless' payment is received. (7) Pulaski and Dublin shall establish their respective retail rates for the sale of water along the line over which it exercises control and ownership and has the responsibility for maintenance and upkeep. However, in the event that industry desires to locate and establish a business within the area served by Dublin, and the location and establishment thereof depends upon water rates established for their industry, then the parties hereto may discuss the feasibility and methods of providing water at a rate satisfactory to all parties. (8) (a) Dublin shall assume the primary responsibility and obligation for the securing of the necessary right of way for the construction of the water line, metier vault and other appuartenances, but Pulaski shall assist in any and all ways possible. (b) Title to the right of way may be taken initially in the name of the Town of Dublin, or if circumstances dictate at the time the deeds from landowners are taken, title may be takea in the name of the Town of Pulaski for all of the right of way DUBLIN WATER lying west of and for the location of the meter and other installations at Slaughter House Road. Title to the east thereof shall be taken in the name of the Town of Dublin. However, if LINE AC~?EEMENT circumstances make it necessary for Dublin to take title to any portions of the right of way west of and including the installa- tion at Slaughter House Road, Dublin shall deed and assign unto the Town of Pulaski all of its rights in and to such easements west of and including the installation at Slaughter House Road. (9) (a) It is understood and mutually agreed between the parties that by reason of both parties being municipal corporations, that they are bound by certain sepcific laws not affecting individuals, but which govern the operation of municipalities and limit their obligations; that by reason of these laws, future operation under this contract may be affected. It is understood and agreed that pulaski can supply water under this agreement to Dublin ot11.y from surplus water, and that the obligation on the part of Pulaski hereunder to supply water to Dublin shall be limited at any time when in the judgment of the Town of Pulaski, the said Town does not have a sufficient supply of water for use within its corporate limits or whenever the supplying of such water to Dublin will interfere with the dis- charge of the duty of the Town to its own inhabitants. Should any portions of this contract be declared null and void for any reason, it shall in no way affect other clauses of said contract insofar as the said clauses are not in conflict with or dependent one upon the other. (b) Pulaski shall be under no obligation to supply more water to Dublin than can be supplied through the line contemplated under this contract under normal pressure. ?I (c) It is further agreed by and betwen bhp parties that Pulaski shall not be liable for damage to Dublin, or to any person, firm or corporation purchasing water from Dublin or otherwise in privity with Dublin, for the interruption or stoppage of water service under the terms of this agreement, except where the action arises solely out of the negligence of Pulaski. ef~98~~~ Council rains. contd. 1/19/65 (10) The parties hereto mutually agree that if schedules pertaining to detailed operation of the project, any regulations established or any other agreements are made that all such schedules, regulations, or agreements shall be added to this agreemend as Addenda and may from time to time be renegotiated or voided without sn any wise affecting the basic contract. (11) I'he parties agree that all administrative costs including 1 egal fees for advice, preparation of deeds, agree- ments, etc., costs of obtaining rights or way, printing, DUBLIN WATER damages to crops or other damage to landowners, and awards made in condemnation proceedings shall be shared equally by LINE AGREHMENT the parties hereto, with the exception that all legal costs including attorney's fees involved in condemnation proceedings will be paid by Dublin. Services of officials of either Town who are paid by salary shall not be included in administrative costs and shall not be shared. WITNESS, the signature and seal of the Town of Pulaski, Virginia, by its Mayor, and its corporate seal hereunder affixed and duly attested by its Clerk, and the signature and seal of the Town of Dublin, Pulaski County, Virginia, by its Mayor, and its corporate seal hereunto affixed and duly attested by its Clerk, the day and year first above written. THE TOWN OF PULASKI, VIRGINIA By /s/ C. V. Jackson, Mayor Attest: /s/ Gladys R. Dalton, Clerk THE TOWN OF DUBLIN, VIRGINIA By /s/ F. H. Flanagan, Mayor Attest: /s/ R. S. Cecil, Jr., Clerk (Signature of each Mayor and Town Clerk was duly notarized the 15th day of January, 1965, by Nancy Bushong, Notary Public) Town Attorney Moore reported that it was the feeling of the Dublin Town Council that title to the right-of-ways for the Dublin Water line should be checked to see that proper title is CK. ffOR PROPER TITLE vested in the two towns, and asked Council to state their wishes TO R/W EASE_ MENTS FOR in this matter. Councilman Larson moved that the Town Attorney DUBLIN WATER LINE be authorized to search the title of the right-of ways, which motion i was seconded by Councilman Gallimore, and carried unanimously. ~_~~48~ Council rains. contd. 1/19/65 Town Attorney Moore advised that after discussion with Judge Harman the action taken by Judge John S. Draper some years ago relative to the Oakwood Cemetery Trust Fund, it was his opinion that the Town could declare a Trust Fund and work under that instru- meet until such time as the statute can be amended; and work with the Cemetery Committee, and at the next General Assembly the statute can be amended. Councilman Gallimore moved that the Cemetery Trust TOWI`i ATTY. AUTHORIZED Fund Chairman work with the Town Attorney in this matter, and that TO TAKE PROPER LEGAL STEPS the Town Attorney be authorized to take the necessary legal steps RE: OAKWOOD CEMETERY for the amendment of said statute. This motion was seconded by Council TRUST FUND man Cummings, and carried unanimously. There followed a discussion of the oppositions to the proposed Zoning Ordinance presented at the Public Hearing on the 15th of January. Town Attorney Moore suggested that the Ordinance Committee, the Town Manager and Tawn Attorney get together and go over the proposed zoning ordinance with respect to the complaints and then if Council wished to refer the ordinance back to the Planning Commission before actually adopting it, the procedure ORDINANCE COMM. TOWN would save time. Further discussion followed, and on motion of Councilmen ATTY. & TOWN MGR. Carrico, seconded by Councilman Gallimore, it was, RESOLVED, that the TO STUDY NEW ORD. proposed Zoning Ordinance be turned over to the Ordinance Committee, ON ZONING and with the help of the Town Attorney, Town Manager and one member of the Planning Commission, make the necessary changes and bring said ordinance back to the Council for approval. The meeting adjourned at I~:~.S P. M. App roved: C. ~, - Q_~.r ,mac~r ~_ "~ayo'r Attu: _ , (~~ , ~~~ Jerk