HomeMy WebLinkAbout12-20-60~~V
Council minx.
Dec. 2.0, 1950, ~;:00 P. M.
Mi.nu+,es of th.~ regu7_ar meeting of the Pulaski ToT,m Council,
held on the 20th day of December, 1960, at 1:00 P, N1,, in the
Municipal Office.
There were present: Ma~Tor ~. V. J^c!~son, presiding.
Co~znci7.men: ?^', S. Cummi.n~;s, Glen K. .oust, F. I ,
Carrico, J. ?~T, Nash, Eugene I_.. P?uckols,
T, J, T~2~Cart'^y, Claude B. Ga71._more,
Absent: Pill~j B, Fli nt.
Also^recent: T, ?~. Noland, To~~m M~nagcr
Clerk: G1ady.^ R. Dalton
ToT~rn Attorney: Garnett ~' . Mocre
Visitors: Rill .4kers, reporter for Southwest Times
P. M, Sadler, Attorney for Taxicab owners and
operators, several of_whom U.rere present,
including Mr, F. V. Davis
The invocation was given by Councilman Aust.
Minutes of the meeting of December 6th were approved.
Town TTanagPr PJoland adv~ sed that a letter from the
CENSUS C'~iR?T
u OR P?J?, ~. S K7
1~,~
~.uditnr of Pub7.i C 4cce~.znts to the To,;,rn, announced that thF nonula-
tion of P~z7_ask9, according to a recent^ensus count, to be
10,169.
Mayor Jackson declared the meet.i n? to be a ccntinua-
COn?TIAIUATION OF
TAXI HEARING;
CERTI~'I CATFS
GRANTED TG TF:~.
~PPLICAT~?TS ~'OR
TI?F' 0?'~'RP.TIOT?
OF 32 TAXIS
Lion of the public hearing for the rnarpose of ccnsirerinR apnl.ica-
bons for Taxicab Certi fi.c?tes, ?nd ~'. T,r. Davis, owner and operator
of F, V, Davis Cabs, had been asked to a.ppPar and "show cause" ~rry
hi.s Certificate should be renewed in mew of the a-11e~ed viola.ti oil
of the Ordinance gcverni_ng the rates charged f_or services wi thi n
the two mi7.e zon^ outside th° corporate l~_m~_ts. Cer+.,ai n n~s'tances
of jriolation by Mr, Davis of th_s portion of tho Taxicab Ordinance
were cited by members of the tax_cah orgar.;_za+, on, after which Mr.
Davis aocused the other cabs of cutting prices, whi r.'^ w:zs his
reason for having cut T?ri .ces wi tb_n the two mile ~~t~e, ?Then
r,uestioned by members of Counci7_ Mr, Day*i.s -~dmi+,ted that he had
not lived up to the ordinance tri_th regards to rates for ser~,r ces
outsi_~?e the corporate 1imt•s, but state? that he ha~1 been complying
with thF ordinance in all other .respects,
of±~r a full discussion of this matter, the Mayor declared
~ ~:+J a7
Council mans. cont:d/ ne^. ?0, 1.960, 1~ P. M.
the hearing; to be c7os~~?. Later in the mePti_ng, on motion of Council-
roan ivuckols, seconded by Councilman Cummings, and carried unanimously,
r
it was, RESOLVED, t'nat 7.961 Certificates of NpcPSSity and Convenience
be granted to thos persons mak_ng app7_i.cation (~. tctal of 32 cabs within
the To~~~n of ?'~17 a s ki) , and that Per. Davi :_ , a s well .~ s the otter taxi
oranArs and operators, be r dvised that thc_~r are expected +,c comely with ':
the existing Taxicab Ordi.na.nce.
Councilman P~IcOarthy ad~rised tha': when the Board of Directors
of tyre Pulaski Veneer and Furniture Company met recently, he and Mr.
Stanle~r had been annoi_nted to see zrhat co~,~ld be worked out with the
To~~m ~r. th regards tr, the right, of wary for the street connecti_nu Frankli ~
Az*enue and Route 1' (Fdgehi7.1 Dr~_ve.) . `~1~^. N'cCa.rthv stated he had
talked with ?~"r. Stanley on sever.a.l o^casi_ons an^: ?7_tho~zgh it was the
fee7_i.n~ of the toT•m tha±, the house uses? bar the com^any's main+,enance
man for 7.;_ving cuarters, was too c1oGe tc the right of way, N~'r. Stan?_Fy
would li'te for the Town Manager ~!nd Fngin~er to set stakes to shoe- a
iron^r and safe entrance from Route 11 to P:dnehi 11 .Drive: that i~4r,
Stan? ey was of. the opi ni on that a house for their maintenance man i_s
needed on the nronPrt~r, or ver,;r near-bar, ^nd if i+: shoul~? become,
T~`CC~RTi:[Y necessary to more this house, h1r. St,an7_e~* was of the opinon i.t
~:pP0IP1`I'i?D
BY VFI~1F'TR would tike ~mroximately `6,000. to reply^.e same.
COI~fP~Ny.' TO y
U~ORK CT:fT Town Manager No~.and ad~.d_sed Co~~nci7 that he had discussed
R~nT D?~ T ~. I ~:
FC`R MDCT- the ccst of blasting out the rock for the Fdgehi7.1 Dri~re right of wav
H?LI I~F1,
rather than moving the house, tn*ith Cor.tr^ctor Joe Hudgins and it wa.s
1; STTi~" 1 `~;
01\' CO.~p`]~ OF NTr. Hudgins' opi.ni.on that it wcu7.d cost ~ ^t-ximum of X3,000.00 to
~3I4ST~19Cx
r?OCK. ?~ C)R blast out, the rock fc?r the street. Ott moti on of Councilman Nuckols,
R,~~1
seconded by Cou.nci?.r"a.n Cumm_i ng's, and cart ed unanimously, i_t was,
i
RESOI~VIa'D, that thf= Ta~Tor and Town M~ pager ~_n conjunction ~ri_th the
Street Comm_ttee ne~nti~.te with the F'tzl~~ski_ Veneer and Furniture Co.
for the nurposP of purchasing add;_t,ional right of wa:;r and report back
to Council the results of their negotiations.
To-~rrt Attnrn~:v Moore adva.sed th?t the To?-~n would not have to
P,IOT ~?~'CRSS-rP~~-.s'e its Tax Ordinance to comply with the State law effective January!
1 RY T~~
RFVT`'~? 7., 1967., as i.t wi7.7. anpl~r to B~>nks, but he felt that somerevi_^ions
s
Tex C~~D, i
TO r'7-'•"~PI.,Y should be made to the Totm's Tax Ordinance. ~
T~'?TH ','~TnTF
T ~?~r ~? :BANDS
~3~t~0
Council mi_ns. contd.
Dec. ?~, 19E@, ~_! n. Nf.
^.fter a report from Mr. Moore, on motion of Courr. ilma.n A~zst,
Seconded by Councilman Cummnp;s, and carried unanimo!zsl.,y, the following
reso7.ution was adopted:
°~REAS, it becomes necessary in the construction
of Route +~99 to do certain worTc on nro~erty o-,med bar
the General Chemical. Division, A11ied Chemical Corporation,
in Pulaski , Vi_r~i ni a, consisting primarily i_n the beginning
of an or,~n d;tch, and later on, the construction of a storm
sewer a.t the same place; and,
?~:rI~R~'~S, by letter dated December General
~?, 1960
Chemical D vision has written to the T ,
os~m 1:an,~zger, setting
PROPER Tn?^tN out therein the concitions uz~on which they will grant sai_c'
OFFICIAL TO easement at th~~ present time; and,
~~
~CCFPT COnTP?-
TIOT~'^ Or G~;TT. ?,~'?TFRFAS, thF. said letter referred to is i ncornorated here-
CTTPM. CO. FOR i_n and made a part hereof:
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~~:4SFT~fFA?T IN THE'
COT~?"TRT?CTION OF NO?~, TH~'Rr:~ORE, Br: IT RT?SOITT~~'D bar t:he Council. of the Town
RT. ~4 of Pulaski, Virginia, in regular sessi on on this, the 20th day
of December, 7.960, that:
L'~'TT~'R OF
ACCFPTn.P?C~; IN (1) 'The T~'ia.,yor for the said Town i.s he=reby author zed
DFT.4II, to accent the con~i tions as set out ~_n the ~:forementionec?
l.ett,er frcm General. Chemical Divi.si.on, and t,o so note the
Town's ^cr.ey,t.ance ~,t the ?roper place so ~rov:i.r'ed nn said
lf~t.ter.
(2) Tn addition thereto. thF~ Town, by its ?`~`avor or
To-,m Manager, is her. eb~r ~.uthori~ed to t,aTce the necessary
steps to enter into and execute the easement fo.r the sewer
line upon the said nrcperty of C7eneral_ Chemical Division,
A11ied Chemical. Cor~orat~i.on, -'_n tre To-:m of Pula.sl~i,
V1 r~i.nla .
better of ^.ccept^nce follows on nex-f pale.
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Counc~7_ rrains. cont~, D?c. ~0, 19~C!, ~~ ~'. ~?.
GENERAL CHEMICAL DIVISION
Corporation
40 RECTOR STREET NEW YORK 8, N. Y. • HANOVER 2-7300
December 8, 1960
Town of Pulaski
Pulaski, Virginia
Attention: Mr. T, B. Noland,
Town Manager
RE: ROUTE 99
PROJECT N0, 0099-125-070
C1, B1, B2
Dear Sirs:
Reference is made to your request to enter this
Company's plant property located in the ToUm of Pulaski,
Virginia, for the purpose of excavating thereon a temporary
open ditch for the draina e of storm water (hereinafter
referred to as the "work"~.
This is to advise that this Company *~T~.11 grant
such right of entry but only to the extent that it may
have the right to do so and in consideration of your
agreeing to the following conditions:
(1) You shall restrict to the approximate
location as shown in red on Exhibit "A", attached hereto
and made a part hereof, and as may be more particularly
designated by this Company~s ~aorks Superintendent, all
persons (including, without limitation, your contractors,
subcontractors and your and their employees, agents,
suppliers and invitees) who at your »equest or for reasons
relating to the exercise of the rights granted hereunder
come onto the premises where your work is to be performed,
and you shall inspect the work site and at all times take
all necessary measures to protect the safety of all of
said persons from all hazards whether created by this
Company or others. No one shall trespass beyond the
designated areas except with the express consent of this
Company's Works Superintendent, and you shall not, in the
exercise of the rights hereunder interfere in any way
with the operations of this Company.
s
~3U2
Council m~_ns. contd. Dec. 20, 19f~0, -~ n.T,.
-2-
Town of Pulaski
{2) You acknowledge that you have knowledge of
certain underground water and sewer lines at the location
where the above-described work and excavation is to be
performed, and you covenant and guarantee that said ditch
will be constructed in such a way as to prevent erosion,
~~rashout, or other damage to property of this Company or
others and you agree to exonerate, indemnify and hold
harmless this Company from damage arising out of or in
any way resulting from the excavation, construction, re-
pair, operation or maintenance of said ditch.
(3) You hereby assume fu11 responsibility for,
and agree to indemnify, exonerate, and save harmless this
Company from and against any and all liability, damage
(direct or consequential), loss, cost, expense,. claims,
demands, suits, actions, judgments or recoveries for or
on account of any injury to or death of persons or damage
to any property, including, but not by way of limitation,
damage to your property, property of this Company or
others, and injury to, death of, or damage to property of,
this Company's or your officers, agents, employees, servants,
or representatives, arising out of or in any way occurring
in connection vaith the exercise of your rights hereunder,
whether or not said injury or damage is due to the negli-
gence of this Company, and upon demand of this Company,
you shall assume the defense of any such suits or actions
at your sole cost and expense.
(~) You and each of your contractors or sub-
contractors shall at your or their expense carry the
following insurance:
(a) Comprehensive Automobile Bodily Injury
and Property Damage Insurance with limits of: (1)100,000
per person and, subject to that limit, $500,000 per accident
~~ for Bodily Injuries; and (2) $100,000 per accident for damage
to or destruction of property. This insurance shall cover
all vehicles, whether rented or owned, while being used in
connection with the exercise of the rights hereunder.
(b) Zdorkmen's Compensation Insurance and
Employer's Liability including Occupational Disease coverage
i~
i]
fi
~~~tl
~'ov.nc;_~. mitts. contd. Dec. 20, 196, l~ p. ?~7,
-3-
Town of Pulaski
with limits as follows: Traumatic Injury, 500,000 per
accident, Occupational Disease, `100,000 per person and
500,000 aggregate during any twelve-month period (except
where statutory coverage in state involved is unlimited,
unlimited coverage shall be obtained}.
(c} Comprehensive General Liability In-
surance with limits of $100,000 per person and $500,000
~ per accident for Bodily Injury and 300,000 for Property
Damage and Contractual Liability Insurance covering the
liability assumed under this agreement.
Before commencing work hereunder, you and each
contractor and subcontractor shall furnish this Company
with certificates evidencing required insurance coverage
or shall notify this Company of any such insurance it is
unable to procure, and such certificates shall include a
provision that the insurer will furnish this Company 10
days' prior written notice of any material change in or
cancellation thereof.
(5) This Company shall have the right at any
time to immediately terminate this agreement, and you
shall at your own expense fill in said ditch, remove and
clear away from this Company's property all unused
material, rubbish debris; and you shall restore and leave
the site of ditch free and clear of all obstructions and
hindrances and in as good condition in the opinion of
General's Works Superintendent, as it was in prior to
your commencement of thw work hereunder. Such restoration
shall at this Company's option include the planting of
grass seed and landscaping, In the event that you fail
to so restore said property, this Company shall have the
right to effect such restoration, or cause the same to be
effected, all at your expense, without in any manner
', being liable to you on account of such restoration, and
you shall reimburse this Company, upon demand, for the
cost thereof.
~~~~ Counci_1. min:, , contd. Pic . ?_0, 79b~, -; U. M,
-~-
s
Town of Pulaski
(6) This Company expressly reserves the right
to make every use of said property affected by the ditch
for its own purposes, including but without limitation,
the installation of improvements thereon.
(7) This Company shall not be liable for the
payment of any taxes or assessments of whatsoever kind
or character which may be levied upon or assessed against
said ditch and the property affected thereby, or upon the
proposed installation of a 60" storm sewer and-the property
affected thereby and you agree to indemnify this Company
against any such taxes or assessments.
(8) You shall also arrange to remove from this
Company~s property within three months of the date of thi
letter the existing 36°' storm sewer, to restore this
Company's property to a condition suitable to its Works
Superintendent, and to convey by ~.nstrument satisfactory
to this Company's legal counsel any right, title or in-
terest which you might have in the property of this
Company which is affected by .said storm sewer.
(g) The rights granted by this letter are with-
out prejudice to the rights of this Company, anal all such
rights are hereby expressly reserved, including, without
limitation, either by statute or otherwise, the right to
compensation for the property affected directly or in-
directly by the rights granted hereunder.
(10) Prior to your construction of the proposed
60" storm sewer line you shall submit to this Company
~ your plans and specifications therefor and the location
for the installation thereof, and you shall not commence
the construction thereof without the prior written consent
of this Company.
(11) Your acceptance of this understanding is
made with your express representation that THE COUNCIL OF
THE TOWN OF PULASKI, VIRGINIA, has lawful authority to
assume the obligations and make the representations as
herein set forth. You will submit to this Company a
~ certified copy of a resolution of THE COUNCIL OF THE TO~rdN
OF PULASKI, VIRGINIA, authorizing such acceptance and the
assumption of the obligations and the making of repre-
sentations as herein set forth.
f~
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Town of Pulaski
If you are in agreement with the foregoing,
kindly so indicate by signing and returning the enclosed
duplicate copy of this letter.
Very truly yours,
GENERAL CHEMICAL DIVISION
Allied Chemical Corporation
~~
orks Superintende
~~ ~
~:~~ ACCEPTED:
TOWN 4F PULASKI, VIRGINIA
~~' -/-
(,,. V. J c son, Mayor
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Council min^. contd.
~nr, 7n, 1Q6~, ~.'' T~,T.I,
On mot; on of Councilman Carrico, seconded by Councilmen
Cummings, a.nd carried on th~~ following recorded veto, thF fol.lo?•ring
resolution was adopted:
1
T,°T. S. ~~ ~ - a~ ~ Fu .one L. T'uckols
.,artm._' ngs J
J . %•d. r,Tash - a-re Claude B. Gallimore
Glen K, bust -aye T. J. T~;cCarthy
F. L. C•.^ri co - aye
~,-; ~ •~ -r R ~, ; n`, -absent
- aye
- afire
- absent, having 1
exchsed
?•'H~;REAS, Town of "ulaski_, and the Virginia. Denart-
m~nt of Highways h2-r? di scussed the relocati on and construction
of that portion of Route ;x#611 wr-~.ch now lies within the To~~m
of Pulaski, Virgin:i_a; and,
r°'HFRFAS, prior to annexati on by the Tot~m of Pulaski,
effective January 1, 195, the propo:-ed relocation of Route
;#611 had been recommended by the Pua_aGki County Board of
Sunervi_sors on J~nuar;;- 7.0, 1956, for the application of
Federal-Aid Secondary Funds in 1.961; end,
?.?HT'RFAS, the said Town wa.s of the opinion that
annexation would not affect this project, but subseouent to
annexation was advised by the Highway Department that their
opinion and that of the Town had been incorrect, end that
Federal-Aid Secondary Funds could not be used within the
corporate 1i_mi is of the To?~m, nor could Mate Srconda~r Funds
be applied; that, however, by reason of the utlustzal c° r-
cumstances, including a.nnexa.tion a.ft~~r the County arproval,
+„hr, To~~rn i s advised that the said State High?aa.y Commission
u.*i~~. ^onsi.~?or a Federal-Aid TJrban Fund project fcr the re-
location and construction of RoutF~~~l.l, providing the Council
of the ToUm of Pulaski. agrees to pro?;~ide one hundred r,er cent
(1000 of the cost for completing the surveys and clans
estimated at X5,000.00, and to provide fifty per cent (50~)
matching funds for the project.
r.DOPTICnt OF r?Oi', THEREFORE, BF IT RFSOI~VFD by said Counci 1,
RFSCI'U'~]-ON meeting i_n regular session this 20t?? day of December, 1960,
PROVIDTrdG that, their do h~rPby authorize the Hi_~h?~tay Department to proceed
FOR COST OF with the necessary surveys and plans for the relocation and
R~'rOCATION construction of that portion of Routs af611 within the corporate
OF ROT?TF' ~#6ll limits of the said To?~m, beginning at a noi_nt near the overpass
(NEGTBFRTI RD.) on the new Rc~~~_te ~~99 just East of the General Chemi cal Comrany
plant within the sai.~? Tot-m, and extending from said point of
beginning to the ?'ulaski County line, and do agree to provide
the posts for said plans estimated not to exceed Five Thousand
Dollars (~~,000.C(`) -nd further, that said ToT~Tn will provide
fi.ft;~ per cent (rn~'1 T~~atching Funds of approximately Forty-four
Thousand Dollars (~Z~I~,000.OO) , plus fi ft~r per cent (50~) of
additional right of way costs reaui.r~d for the construction of
said h;_ghway;
AND IT IS FCTR.THT,R. Rr-SC.TV{;D that a certified copy of this
resol_.uti_on be sent tc the °~tate High-Tay Commi ssi_on for their
consideration, and that the groper oi'ficials of said Tom take
any and all other necessary steps to~rrard the estab7.ishment of
this ;oroj est.
Seen
~~o~
Council Mins. contd. December ?O, 1960, 1, P.M.
Town I~`ana~er Noland advised that the Board of Zoning
Appeals had earlier that afternoon at a public hearing
granted
BD. OF ,
ZONING permissi on, under bevy definite condi tions, to Ralph T~J. Deaton,
APPEAIS
GRANT H. Paul Lewey and Robert 0. Sturgill, to build an Anothecar~r
PERI~TISSION
TO DEATON
Shop on Lot lO, in Block 1, located o
n the northeast corner of
ET ALS FOR
APOTHP'CARY Randolph Avenue and Tenth Street
T~T~~ in the Town of Pulaski
SHOP OPd ,
, .
RAND. P.VF;. There being no further business, the meeting'
adjourned at ~:~,~ P, ~~.
Ap
?fittest:
C~ Prk ._~....._~._____~
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