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HomeMy WebLinkAbout09-05-614 399 I~iinutes of the regular meeting of the Pulaski ToVm Council, held September 5, 1961, at ?x:00 P. M., in the Municipal office. There were present: T~Tayor C. V. Jackson, presiding. Councilmen: ?~z. S. Cummings, Bill Flint, Claude B. Gallimore, Glen K. Aust, Eugene Nuckols, John TuJ. Tdash, T. J. McCarthy, Ii'. L. Carrico Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Bill Akers, reporter for Southwest Times Tars. J. F. Spencer Mrs. J. C. Crumbley, Jr. Mrs. Vernon Hinton A"ir. Stuart Campbell, Atty.for Colonial Natural Gas Co. Mr. A. A~. Harman, Jr.,Atty. for Southwestern Va. Clas. T~"r. Paul Roop T~'r. Bascom Hopkins T~"rs. Edythe H. Harlow, Ever-Ready Cabs The invocation was given by Councilman Gallimore. N~inutes of the regular meeting of August 15th were approved.i T~Ir. Campbell, Attorney for the Colonial Natural Gas Company,. a corporation formed to purchase and se1_l natural gas throughout this:. section of the state, subject to the approval of the Federal Power Commission and the granting of a Certificate of Public Convenience anc~ Iv'ecessity by the Virginia State Corporation Commission, asked Councili to consider the adoption of an ordinance proposing to sell and grant a franchise for a natural gas transmission and distribution system in the Town of Pulaski, and inviting bids therefor. Mr. Campbell TfR. CAT-"PP?~II, REQ. COL~A;CIL TO stated that at the present time the Southwestern Virginia Gas CONSIDER ADO:E'TICN e?F Company located in Pulaski holds a certificate for the distribution ORD. PROPOSING TO SEhI,~~ of artifical gas in the Pulaski area, and that his company (Colonial GR~,I\"' FRPTJCHISE TO ~COLOAIAL Natural Gas Co.) is presently negotiatinn with them. Mr. Campbell T~TP.TTJRAL C~e~S C0; ORDIT~AT~CE further stated his company is an independently owned Virginia ADOPTF'D T?'C CCiTNCIL Corporation, stock ownership being offered to the public, and that it would cost approximately four or five hundred thousand dollars to set up the system in the Pulaski area, t~;ith the nearby main trans- mission line to be 16" in diameter and service mains throughout the town approximately ~", 3" and 2" in size, with rates to be approved by the State Corporation Commission. ~)~~V Council mins, contd. September 5, 1961 ~ P.M. I~?r. Harman, representing the Southwestern Virginia. Gas Company, advised Council that no agreement had been reached between the two companies, and asked that the franchise be adve.rti.sed on a competitive basis. Later on i,n the meeting, after other visitors had been heard, ~ Co~i~cilman Nuclcols moved that the ordinance be adopted and advertisement of same be made in the Southwest Times in compliance with said ordinance, so that bids can be received and ADOPTION CF FRANCHISE considered by Council at its regular meeting of October 17th, ORDINANCE which ordinance is as follows: Franchise follows on page 3;01, etc. 1 1 1 _ Sept. 5`, ~~61 ~~~ !~ AN ORDINANCE PROPOSING TO SELL AND GRANT A FRANCHISE FOR A NATURAL GAS TRANSMISSION AND DISTRIBUTION SYSTEM IN THE, TOWN OF PULA,SKI VIRGINIA AND INVITING BIDS THEREFOR * * ~ BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PUTASKI, VIRGINIA: That a franchise rantin g g permission for the construe- t3c~n, maintenance and opexation of a natural gas transmission and` .distribution system with all rights incident thereto, on,,along, over, upon and under the streets and other public places of the said Town, subject to the conditions as hereinafter more specifically set forth, be and the same is hereby proposed to s be sold and that written bids addressed and delivered to the Mayor of said Town are hereby invited and will be received for such franchise on the r --~: L ~~ day of ~° ,( , , 1961 at ©+O'clock, ~~_~-;, and upon the passage of this ordinance and its approval by the Mayor of said Town, the Clerk of the Council th~,reof is hereby directed to cause this ordinance to be published once a week for four successive weeks in The Southwest __.._ Ti es, a newspaper published in the -Town of Pulaski, Virginia, prior to the said ~''~~ day of ~~~c-C=~---~~.~,,- , 1961, the cost of .said. advertisement to be paid by the Town of Pulaski, Virginia, whi~ah shall be reimbursed by the person or corporation to whom they grant of such franchise is'finally made, if made, but the right to reject any and all bids is hereby expressly reserved by said Town. The ordinance granting said franchise proposed to be sold and for which bids will be received on the day and hour aforesaid, and if sold, proposed to be granted, shall be sub- sta#~tially as follows BE IT ORDAINED by the Council of the Town of Pulaski, .. 4.~ ,:, ~~ 34[2 Sa~,t. 5, 1961 Pulaski County, State of Virginia, that: SECTION I The exclusive right and franchise is hereby granted to_ ~ its successors and assigns, (hereinafter called '''Grantee"}, to lay, construct, extend, maintain, renew, replace and/or repair gas pipes and gas mains under, along and/or across any streets, avenues, roads, alleys, lanes, parks and other public places and ways in the Town of Pulaski, Pulaski County, Virginia, and to use and occupy said streets, avenues, roads, alleys, lanes, parks and other public places and ways for the purpose of therein laying, constructing, extending, maintaining, renewing, replacing and/or repairing mains and pipes and all appurtenances and appendages thereto used and/or useful for the transmission, distribution and/or sale of gas within and/or through the present or future territorial limits of the Town of Pulaski, Pulaski County, Virginia, such right to continue for twenty C2~) years from the date of adoption of this Ordinance. SECTION. II All rights herein granted. or aut~n orized shall be subject to and governed only by this Ordinance; provided, how- ever, that the Town of Pulaski expressly reserves unto itself, all of its police powers to adopt general ordinances necessary to protect the safety and welfare ©f the general public in relation to the rights herein granted not inconsistent with the provisions of this ®rdinance. SECTIOi~ III The Grantee, subject. to the approval of the Town Manager of the Town of Pulaski, or such other official as may be designated by the Town Council, isa3thorized to make openings upon the streets, alleys, or public ways of said Town for the 1 -2- Sept. 5, 1961 - ~_ t purpose of laying pipe and/or maintaining gas mains, and in the performance of such work, shall use due care and caution to prevent injuries or damage to persons and property, and shall properly replace and restore all public ways and places in as good condition as they were before such work was done, in a manner which shall be subject to the approval of the Town Manager of the Town of Pulaski or such of her official as may be designated by the Town Council, and within a reasonable tome, and shall not unnecessarily obstruct or impede traffic on the streets, alleys and public ways of said Town of Pulaski. SECTION TV Said Grantee shall indemnify and save harmless the 1 Town of Pulaski from any and all liability by reason of damage or injury to any person or persons whatsoever on acco unt of any work of the Grantee done hereunder, or on account of the negli- gence of the Grantee in the installation, maintenance and 3 operation of its mains and pipe lines under and along said streets, alleys and public ways; provided, however, that the Grantee shall have been notified in writing of any claim against~l the Town of Pulaski on account thereof in sufficient time to defend the same. SECTION V None of the rights and privileges herein granted and donveyed shall pass to the said Grantee, unless said Grantee, within 3 years from the date hereof, shall begin construction ? of its distribution system within said Town, and exercise due diligence in the completion thereof. SECTION VI j Nothing contained in this Ordinance shall in any wise Abe construed as prohibiting the sale of bottled or packaged gas within the territorial limits covered by this franchise by any -3- ~(~~l~~ Sept. 5, 1961 .. or all other persons qualified to engage in such bottle or package sale and distribution of gas. The sale and distribu- tion of natural gas permitted Grantee under this Ordinance is confined to the delivery of gas through its transmission and distribution lines. SECTION VII The granting of this franchise is made upon the express condition that the exercise of the same shall be sub- ject to such regulations as may be adopted by the State Corporation Commission of Virginia or such other body upon which said State map hereafter confer regulatory powers over like corporations for the purpose of securing efficiency of public service at reasonable rates from said company, its successors and assigns, in said Town of Pulaski, and the maintenance of the property and works of said company in good order throughout the term of this franchise. SECTION VIII This franchise shall be assignable by the Grantee only with the written consent of the Town of Fulaski first obtained, but such consent shall not be unreasonably withheld by the Town of Fulaski. SECTION IX Whenever, in this Ordinance, either the Town or the Grantee is referred to, it shall be deemed to include the respective successors or assigns of either; and all rights, privileges and obligations herein contained by or on behalf of said Town or by or on behalf of said Grantee, shall bind and inure to the benefit of the respective successors or assigns of said Town or of said Grantee, whether so expressed or not. SECTION X The Grantee to whom this right, privilege and franchise is awarded shall execute a bond with good and sufficient security 4- .._ in favor of the Town of Pulaski, Pulaski County, Virginia, in 1 the sum of Ten Thousand. Dollars C$10,000.00), conditioned upon the proper performance of all the Grant ee's obligations and agreements hereunder. ~_, l~J SECTION XI Tn consideration of the benefits which in the judgment; 1 of said Town Frill accrue to it by reason of the construction ands operation of said gas system and as an inducement to said Compat ~aroposing to construct, maintain and operate said system, the said Town of Fula"ski hereby agrees with the said Company that 3 no franchise or pipe line tax not now existing shall be imposedE mr charged against the Grantee by said Town during the life of 1 f this franchise, but said Town of Pulaski hereby expressly reserves the right of assessing or charging any other valid tax; z of any nature whether ad valorem or otherwise, which is now j. authorized or which may be hereafter authorized bq the general laws of the State of Virginia. This Ordinance must be accepted in writing by the Grantee within sixty C60) days from this date. Passed i . C un il_ th"s ~-- day of ~ -- , ~9~1 • _ ~.z. , ~ Sept. 5, 1961 SECTION XII ~- - - _ /-~ /~ ~ yor . ~/ ,/Z Approved this~day of - , 1961. ~~ ,., ~~/ ATT T: } ~ Mayor. '~ s er -5- "~~~~ Councilmins. contd. Sept. 5, 1961, 1~ P. TfI. Council's attention to the fact that bills affecting changes in charter should be in within twenty days of the opening of the General Assembly. Town Manager Noland advised Council of the need for AP,'ROPRIATI OT1 FOR PURCI~~ISE OF `~'R".CTOtt T~~OUNTr.D DITCH DI C~f'x~:R the purchase of a wheeled tractor mounted ditch digger for speeding. up sewer and water line construction, and further advised that a deisel powered tractor, including ba.ckhoe and loader, could be purchased for no more than `7,000.00, and could be financed from the %ouipment and Stores Fund. A full discussion followed, and Councilman Cummings, moved that an appropriation be made from the Equipment and Stores Fund not to exceed $7,000.00 for the purchase of the deisel powered tractor, which motion was seconded by Councilman Nuckols, and carried on the following recorded vote: B~_11 Flint - aye F. L. Caxrico - aye `u~7. S. Cummings - aye John W. Nash - aye T. J. I-lcOarthy - aye Eugene L. Nuckols - aye Glen K. Aust - aye Claude B.Gallimore - aye With reference to the pending sewer line extension or, South Jefferson avenue to Spangl er Addition, Town Attorney Moore presented the following resolution and on motion of Councilman Flint, seconded by Councilman T-McCarthy, and carried unanimously, said resolution, was adopted as follows: WHEREAS, the Town of Pulaski, Virginia, a municipal corporation, proposes to lay and construct a sanitary sewer ti Spangler Addition in the southwest section of said Town; and Tr]HEREAS, it is necessary to acquire either by purchase, ADOPTIOTv' OF gift or condemnation certain easements for the construction, RrSOLUTIOT? REL. reconstruction, maintenance and repair of said line across TO RIGHT OF ~~AX and through certain tracts or parcels of land in said section FOR S~~JER LIPdF of the Town; and E}CTENSIOTv TO SPAP?GLrR WHEREAS, in connection with said project, the Town has ADDITION caused to be made by C. L. P7_unkett, C. C. Jordan and J.R. Glenn, three competent appraisers, an appraisal of the easements necessary for the said project and an evaluation of the damages, if any, to the remaining lands of any land- owners located along said proposed sewer line; and WHEREAS, the Town has obtained the necessary easements from said landowners except for that parcel hereinafter described; and WHEREAS, the Town has informed said landowners of the appraised value and damages, if any, and has confirmed the appraisal figures as an offer by the said Town to purchase the necessary easement and as payment for any and all damages as valued by the aforesaid appraisers; and Council rains. contd. ~_ f~3 Sept. 5, 1961, I~ P. M. WHEREAS, negotiations have been ineffectual in making purchase of said easement and in payment of damages, because of the landowner's unwillingness to ,grant the necessary easement at the appraized price offered him by the Town; and WHEREAS, the Town deems the easement necessary in order to properly lay and construct said sewer line, as shown on plans filed in the office of the Town Manager of said Town; I~?OW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meetir.~; on the 5th day of September, 1961, that (l) The Town, in consideration of the premises, does hereby declare that the easement for the construction, reconstruction, maintenance and repair of said sewer line R over and through the lands of the hereinafter mentioned landowner is necessary and essential for the sewer system of F: said Town; that its efforts to acquire said easement have been ineffectual in that said owner has been unwilling to S accept the appraised price offered, and that by reason there- of, the Town now deems it necessary to acquire said easement O by condemnation, described more particularly, together with % the amount offered, as follows: ., FROM I. CLAUDE PATTERSON: U Appraisa7_ offer, including damages, if any, $75.00 m 1 An easement 20 feet wide during construction, I and 10-feet wide thereafter for purposes of maintenance, O repair or reconstruction of a sewer line, the center line of which is described by metes as follows: 1'u BEGINNING at a point on the northeasterly line of the lot of I. Claude Patterson, which point is located South 22 deg. ?_6' West ~ feet, more or less, from the center of a proposed manhole to be located on the adjoining lot of Shipwash; thence from said point of Beginning, South 22 deg. 26' West 90 feet, more or less, to a point on the southwesterly line of the lot of said Patterson, all as shown on a plat entitled "Proposed Sanitary Sewer to Spangler Addition in the Town of Pulaski, Virginia", prepared by R. L. Mathews, dated December, 1960, to be recorded in the Clerk's Office of the Circuit Court of Pu1as ki County, Virginia. ` (2) The Town Attorney, Garnett S. Moore, and such other persons as he deems necessary to associate with him, are hereby authorized and directed to obtain by purchase or condemnation, or by filing of a certificate of taking, the aforesaid easement, including damages, if any, to the residue of landowner's property; and to take any and all steps necessary under law to secure the same, and he is further directed to sign the name of the Town as its Attorney to any necessary pleadings or papers. (3) The Mayor and Clerk are directed to certify this resolution or other resolutions or records as may be necessary. (l~) The Treasurer or other proper officials of the Town are directed to pay into court, or as may be directed by said court of record, or by the Attorney for the Town, such sums as the landowner is entitled to for the easement taken and damages, if any, to the remaining property of the landowner, together with any necessary costs which are required in carrying] on the proceedings. . , , ,. .,, ~~~11 Council mins. contd. Sept. 5, .1961, 1~ P. N1. .There being, no farther business, the meeting adjourned at 6:.11 ?. M. Approved: C%~-'~G~ ayor ATTEST: e -~e~z~/ ler 1 1