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HomeMy WebLinkAbout06-19-73F;, ~~ ~~ ~~ t ;~ i a_ held June 19, 1973, at 7:00 P M. in the Council Chambers of the Municipal Building. i 7 y I; ~ ~7~ ~ Q'1 Q ~ O ~ N w ~, a W •~ ... ~ ~ ~; ~ ~ A ~ w ~ ~ ~ 3 ~ U ~~+ ~ M ~ ~ ~ ~ ~ ~ ? ` ~ Q l. ~ ~ ~ c4 ~ ~ v Minutes of the regular meeting of the Pulaski Town Council,'. There were present: Vice-Mayor S. G. Frye, presiding in the absence of Mayor Edens. Councilmen: Mason A. Vaughan, Andrew L. Graham, Arthur L. Meadows, Glen K. Aust, William A. House, Raymond F. Ratcliff, J. L. Congrove Also Present: Town Manager: J. E. Marshall Clerk: Miss Wendy Damron, Acting for Gladys Dalton Town Attorney: Garnett S. Moore Visitors: Bonni McKeown, Southwest Times reporter Deborah Grace, WBLB Radio Station Mr. Eddie Linville, Citizen of Town of Pulaski Approximately 25 other citizens The invocation was given by Councilman Aust. Motion was made by Councilman Graham that Wendy Damron be ~ WEND' DAMRON APPOINTED appointed Clerk to take the minutes of this meeting in the absence ACTING CLERK of Mrs.. Dalton. Motion was ,seconded by Councilman Meadows, and carried. Vice-Mayor Frye welcomed the visitors and advised that, as had been advertised in the local newspaper, this. was the time and PUBLIC HEARING ON Place for a public hearing on the proposed budget for the fiscal year 1973-74 BUDGET 1973-74, and Council would hear anyone who wished to speak either fc~r or against the proposed budget. Mr. Eddie Linville asked whether there-was any appropriation made in the budget for the purpose of flood control. He was advised that no money had been set aside for this purpose. There being no further comments or questions, Councilman 19 73- 74 Ratcliff moved that the proposed budget for the fiscal year 1973-74 EUDGET be adopted with appropriations made thereto, and all large capital ADOPTED ' outlays be brought bef ore the Finance Committee. The motion was seconded by Councilman Meadows, and carried on the following recordeMd vote: Mason A. Vaughan - aye William A, House - aye Andrew L. Graham - aye Raymond F. Ratcliff - aye Arthur L. Meadows - aye J. L. Congrove - aye Glen K. Aust - aye S. G. Frye - aye A summary of the 1973-74 Budget follows on the next page. ~..f~ y~~l~,r June 19, 1973 APPROVED BUDGET 1973-74 GENERAL FUND REVENUE: General Property Taxes $ 254,846.00 Other Local Taxes 291,400.00 Licenses and Permits 154,720.00 Fines and Forfeitures 51,700.00 Revenue From Use of Money & Property 4,950.00 Revenue From Other Agencies 212,085.00 Service Charge for Current Services 123,200.00 Sales of Services and Commodities 1,000.00 Miscellaneous Receipts 25,600.00 Transfer from Other Funds 18,468.00 Total GENERAL FUND REVENUE $1,137,969.00 EXPENDITURES: Town Council $ 16,060..00 .Office of the Mayor 3,500.00 SUMMARY Office of the Town Attorney 4,900.00 Office of the Town Manager 24,652.00 OF Engineering Department 26,900.00 Building Inspector & Zoning Administration 17,210.00 1973-74 BUDGET Prepa~aLi;on~of Tax Assessment 450.00 Office of Town Treasurer 55,027.00 Policing and Investigation 183,552.00 Fire Control and Prevention 67,858.00 Maintenance of Parking Meters 7,543.00 Parking Lot 125.00 Street Signs, Traffic Signs and Signals 19,300.00 Care and Confinement of Prisoners 2,305.00 Refuse Collection and Disposal 99,960.00 Street Cleaning and Snow Removal 26,600.00 Maintenance of Public Buildings 35,445.00 Street Repairs and Lighting 146,756.00 Recreation Program 40,194.00 Library - Town Share 5,600.00 Calfee Park 14,150.00 Parks and Playgrounds 5,750.00 Gatewood Park 9,590.00 Park Beautification 4,500.00 Elections 4,320.00 Planning, Zoning & Extension 6,150.00 Fixed Charges 71,401.00 Capital Outlay 165,353.00 Social Security Tax 29,680.00 Miscellaneous Functions 43,138.00 Total GENERAL FUND EXPENDITURES $ 1,137,969.00 WATER FUND REVENUES: Revenue From Use of Money and Property $ 1.,470.00 Service Charges 10,500.00 Sales of Services and Commodities 256,000.00 Miscellaneous Receipts 46,150.00 Total WATER FUND REVENUE $ 314,120.00 r~ ~L~~ ~t- ~~ ~~ June 19, 1973 WATER FUND EXPENDITURES: Administration $ 2,254.00 Source of Supply 17,420.00 Filtration and Purification 61,350.00 Transmission and Distribution 53,981.00 Dublin Water System 4,382.00 Reading, Accounting and Collecting 16,250.00 Miscellaneous 8,000.00 Fixed Charges 7,400.00 Debt Service 64,276.00 Social Security 5,700.00 Capital Outlay 68,750.00 Total WATER FUND EXPENDITURES $ 309,763.00 BUDGET REVENUES: Connection Fees $ 8,500.00 Fees For Dumping Septic Tank Waste 1,000.00 Sewer Service Charge 184,000.00 CONTINUED Discount Earned & Other 25.00 Total SEWER FUND REVENUE $ 193,525.00 EXPENDITURES• Sewerage System $ 24,864.00 Treatment and Purification 54,552.00 Miscellaneous 12,900.00 Debt Service 61,209.00 Social Security 2,000.00 Capital Outlay 38,000.00 Total SEWER FUND EX?ENDITURES $ 193,525.00 CEMETERY FUND REVENUES: Transfer From General Fund $ 17,520.00 Interest on Investments -0- Total CEMETERY FUND REVENUE $ 17,520.00 EXPENDITURES: Cemetery Operation $ 7,135.00,. `' Social Security 385.00 Development. 10,000.00 3 .Total-CEMETERY EXPENDITURES $ _: 17,520.00 EQUIPMEN'It. AND _STQRE-S FUND.. This is a memorandum account for operating services for other departments. The amount required is provided in various functions such as Lease of Equipment, Repairs, Gas and Oil, etc. Mr. Eddie Linville brought to the attention of the Council tY~at there was a flooding problem. It was stated that in the flood control PEAK CREEK meeting held earlier in the day, no encouragement was given by the Soil FLOODING DISCUSSED Conservation people. It was brought to the attention of those present that ~~ -~~.: June 19, 1973 the Corps of Engineers are presently making a study on the flooding problems existing in Pulaski. There was further discussion as PEAK CR. to dredging and cleaning in the Peak Creek channel. Councilman CHANNEL Vaughan moved that the matter be referred to the Sanitation CLEANING . Committee for study, which motion was seconded by Councilman House, DISCUSSED and carried on the following recorded vote: Mason A. Vaughan - aye William A. House - aye Andrew L. Graham - aye Raymond F. Ratcliff - aye Arthur L. Meadows - aye J. L. Congrove - aye Glen K. Aust - aye S. G. Frye - aye A question was raised as to whether there was a clause which stated that the Town Could not pick up trash and debris caused by the flood on private property, and it was pointed out that this is not a standard policy. However, the Town Manager should have been contacted in the matter. Several Dora Highway and Kersey Bottom COUNTY & TOWN IO residents also brought to the attention of the Council recent JOIN IN LETTER OF flooding problems, in which debris had been washed onto private pro- INTENT RE: PEAK perty. There was further discussion on this subject, after which CREEK FLOODING. Councilman Ratcliff presented a proposal from the Corps of Engineers €or a letter of intent. Town Manager Marshall-then read a draft of a letter of intent, which gave a List of obligations which the Town would be under. In regard to the letter of intent, Town Attorney Moore pointed out that if the County did not join with the Town, we could not go beyond the corporate limits of the Town. Town Manager Marshall suggested submitting two different letters. After further discussion as to language, wording, etc., a motion was made by Councilman Ratcliff that the Town work together with the Councy on drafting this joint proposal. Motion was seconded by Councilman Aust, and carried. Mr. Hufford, a citizen of Pulaski, presented a complaint about his neighbor's dogs getting into his garden and ruining it. DO G COMPLAINT He asked whether there were any laws protecting the people from BY HUFFORD ADVISED this sort of thing. Vice-Mayor Frye advised that this was a Ta CONT . COUNTY County problem, and that he should report such damages to the Sheriff's Department. ~~~~ June 19, 1973 Another citizen presented the problem of a pipe running 1 through her yard, on 1620 Newbern Road, which fills with gravel PIPE CI~JSSING PROPERTY OF whenever it rains. She mentioned that the pipe had been put in NEWBERN RD. RESIDENT by the Town. The Town Manager was requested to go and look at the situation, and he agreed to do so. Mrs King, from Kersey Bottom, brought to the attention of the Council that there was a problem with the T. W. Kersey buildings being a hazard to the community. Mr. Marshall advised that contact HOUSES & ABANDONED had been made with someone involved in the ownership of the property,'. AUTOI~DBILES IN KERSEY and that a condemnial placard had been placed on one of the buildings) BO TTO M ID BE INVESTIGA-Also, Mr. Marshall will check with Mr. hack Bane about another piece TED of property owned by him. It was also agreed that Mr. Marshall should 1 1 look into the problem of abandoned automobiles in Kersey Bottom. Councilman Vaughan reported that a letter had been received LETTER from Mr. Rudolph Elkins, who resigned from the Town about a year ago,' TO RUDOLPH asking for a small pension. It was pointed out that when Mr. Elkins ELRINS RE: PENS 70 N resigned, he insisted on talking all the money from his pension fund REQUEST upon leaving. A motion was made by Councilman Vaughan that Mr. Marshall write a letter to Mr. Elkins explaining this to him. Motion" was seconded by Councilman Congrove, and carried. Councilman Meadows made a report on behalf of the Sanitation , MEADOWS Committee with respect to the list presented to him by Mrs. 0. M. REPORT ON SANITATION Duncan, concerning sanitation problems in Pulaski, and stated that molt & LIST OF MRS. DUNCAN of the list was of an administrative nature and the Town is working o~ the cleaning of lots. Councilman Ratcliff reported on the proposed contract between the Town and Pulaski County on treating sewage.. He presented the QO NTRACT WITH 7.OWN contract to the Council for comments and suggestions. After some dish & OOUNTY 0 N TREAT- cussion, a motion was made by Councilman Graham that the Town enter MENT 0 F SEWAGE into this contract with the County. The motion was seconded by Councilman Vaughan, and carried. Contract as presented follows on page 5408 ~~__ 1 1 1 THIS CONTRACT made and entered into this 1.'3th day of 1 ''-,rze 173, by and between the: TOWN OF' PtiL,AShI, ~"IRGI\I_A a 1Iunicipal Corporation, party of the first part, hereinafter referred 4to as Town; and the COt`NTY OF PtiLASItI, VIRGI'~IA, a political st;hdi~~sion, and the Pt-.LASIii COlTNT1- I'U1~L;IC SERVICE Ai~TIIOR,I"I'~~, Agent of Pulaski Count v, parties of the second part, hereinafter referred to as' Cotint~-, unless T'ulaski County Public Service lluthorit~~ i~ re±'erred to separately as Agent; - W ITN E S S E T H - ~'VHERE AS, the Town, as a rYlunicipal function, o«-ns and oner~tes a se«-age trcatm~~nt plant facilit~• with a system of interceptor lines «•ithin ~, the To«-n's corporate limits, and soma outside the cur}>orate limits, ~' specifically one that serves the Long-Airdox plant located on Ne«rbern F{o~d i. !~ (State Rt. #611), and certain other areas immediately adjacent thereto; end ij ~. ~~ ~'VHEREAS, the Town of Pulaski, after taking into account they I• ±~ capacitr of its sewage disposal system for the treatment of selvage anti ~, ;~ «-astes under etisting requirements, has determined that it siill has a j ~ surplus capacitr for the treatment of sewage and wastes of at least ~! 50, 000 gallons per da~~ above that now needed for its own citizens Gnd ~o ;~ meet its contractual obligations for the present time; and '` WHEREAS, the County requested the Town to treat .sewage anc~ i! «-astes from the new Pulaski County High School located outside the ~, ;' cor~.~orate limits of the To«m, and far further treatment of sewage and wastes from single individual family dwellings and public buildings to lpe received fro~~~ the sewage collection system provided by the Pulaski Cbunt~- Public Ser~c-ice Authority; and i !~ t ~_~~ ~I n L~ 1]O\~' detel'lllllled tC) be f()t' ~~ ~ at least fort' (~0) yeaT'ti, 17ut t;'ith nU guarantE~ i '~ b~- thc~ To~~-n that there twill li l.~e a surplus o.f treatrr~:(~nt c:apacit~.- of se'.~-age .~ ~' ;; i +~ ~VHEREIS, the Tc)wn heretofc)re tentativc~lti- agreed to treat I I ~. I' se«-age and ~yastes as aforementioned to the ettent that it places no i ~' greater burden on thc> Town's treatment System in reference to contents ,, .. ji than is no~~- placed on said system., so .long as a Surplus trc~atmert ~~ ~i capacity etists in the TOt~'ll'S se~~rage disposal s~:stem, and ~,~-it}. =: i : ij t;;aS11:11it?1 Of J0, ~~:~ ya110115 Ol• SCwagC ;inCl V:~(Stt'~ a d2~" fOr' ~. ;)C'I'i.Ud F and ~~-astes available for and- specific length of time; and ~~'HEREAS, the Totan of Pulaski and all other go.•ernnzental unit;, have found it necessary- to survey and re-evaluate th(~ir se~rage disposal system in ordE:r to ascertai.ll their cot~t)~)liance ~vit}1 the present standard., and in ~~irginia, specifically-, with the standards scat b~, thc~ Z~irginia ~~~atek• Control l~oal•d anti li'edc.:ral Water Pollution Control Act Amendments of 1 ~~72, or other Federal Acts, for pollution and environmental control ire ', the operation of azchsystems; and ~~1HER.EAS, it may become necessary by reason of the afore- mentioned State and h,ederal Acts and other amendments, and in particular the SO°'o of capacity requirement .for the Tovrn to develop additional ,; ii ,` ': facilities and to adhere to higher and additional standards so that effluent ~~ from its se~l-age system will meet ever increasing requirements for '~ olluti n )n ~l• • t ;~ p o cc trc a ld ;~ ~~ WHEREAS, the parties hereto desire to establish and agree l:mm~ ;' certain conditions and terms under which the Town ~~rill provide for the treatment of setivage and ti4-astes from. the County, and to provide rules, "' regulations, details of procedure, and for supplemental agreements fro,- '" ;~ time to time to be agreed upon and made a part hereof; ~; _~_ y ' i _~ ,. .. _ w.. ,; _ .; •. y .. - 1 !1 NOW, TIIEREFURE, in consideration of the premises and othet Ij i !j goud and ~-aluable consideration, the Town does hereby agree to treat ~~ ,, '~ se~~"age and irastes received from the County so long a.s there is a surpl~:s ii ,~ - ~, i{ capacity for treatment in its sewage disposal s~-stem discharge b~• the ' ~II ~I County into the Town's sewage disposal treatment system, urx~n the f~ . ,~ specific co~•enants and conditions herein set or~t tend ;greed upon as j folloti~-s ll) llEFI1ITIONS The parties hereto agree that. the: follo~`-ing word.;, terms anti abbrc~•iations when used in this contx•act shall h~:ve the follocying meanings: A. :`AREA. shall mean thc~ same: portion cif Pulaski Count. •s.•hicli zras described ixl that certain Water Ag~ree.~nE~nt uet~~•een the To«-n and Comity dated the '?0th day of 1~'ebruary, 1073, and described on a r.:ap filed tlxeret~•ith. 13. TO~~"N: The' To~~~n of Pulaski, Virginia. C.. CUL'NT1": The County of Pulaski., Virginia, and its agent, '; the Pulaski County Public Service Authority. D. AGENT' shall mean Pulaski County Public Service Authorit~- if and ~~-hen used herein as a separate designation. E. PERSON : Any individual, firm, company, association or corporation, including public agencies. F. b. o. d. or b, o. d, content: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standa~d laboratory procedure in five da~•s at 20° C. , expressed in parts per million by weight. G. p. p. xn.: Parts per million. H. pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per lither of solution; a stabilized ~3 it V pI4 will be considered as one ~>hich sloes not change be~~-onci the specified limits ~~,~hen the waste is subjected to aeration. I. Su~c~encled solids: Solids that either float on the surface of, or are in suspension in ~~~ater, set;; age, or other liquids, and ttrhich are remo~,-ahle h~- laboratory- filtering. J. ?~ornial ~raste~ or. norma]. selvage: I,i~luid tt•aste <<; ith a strength content r2ot exceeding 240 p, p. m. b. o. d. nor :%40 }~. t~. ttr. su5pcrtded solids. Imo. Industrial was tes: Liquid tva~te, other than norc7,~: 1 setc~:ge ~.~ liiclr e~ceeda 2.10 p. p. m. b. o. d, or 240 p. p. m. suspender] solids. (2) (a) The Tor,vn agrees under the ter2ns of this contract to {~ treat setrage and wastes from the ne~~~ County- lIigh School or public ~, .. ~~ ,; buildings and individual single dtivelling housing units recei~-ed fro n: the i; County up to a rnalitnum of fifty thousand (50, 000) gallons per dad-, said ,: ~; ~, ~j, setrage and t~-astes to be of an acceptable quality to the Totvn based on the' ~; l ~! Tott-n's abilit~• to meet all requirements of late and the allocated design ~~ '~ capacity- of treatment plant. The fifty thousand (50, 000) gallons to be I treated shall mean a masinnzm of fifth- thousand (50, 000) gallons upon ~ am day and not on an average of fifty- thousand (50, 000) gallons over an~- nu2nber of da~-s. (b) The County shall provide the Tuwn at all reasonable ', times ~~-ith data and samples sufficient to enable the Town to e~~aluate i '~ the contents of the se~~age flow delivered to the Town for treatment, and ,! shall not deli~-er more at any point than the allocated designed capacit~- of the To~~-n's lines at that point. The flow of sewage shall be delivered ,~ ;, ' ~- 1 i 1 i 1 i !` ~ '~ ii I~ jl ~~ ;± to the Tot;-n's facilities at a reasonable flow .rate over the 24-hour da~~ ~, i period. The '1'o~~•n shall br the sole judge of the capacities of the sewe>* 1! ~; lines of the Town. ~, s ~4 lleliveir points at tivhich the Town shall. receive sewage shall ~~ ;; be determined by the Town. Meters to measure the flotiv of sewage shall I. ;~ '`. be located as near as practicable to thc~ onc-crilc~ liir~it from the To~::r.'s i• ;, ~~ corporate line. The once lx~int at which the Town has prc:sentl~~ designated r, ~~ for a collection point is thcr pumping station installed by the County and' 4 •. N 4' located at or near the junction of Thornspring Branch and the \. ~ ~~". Rail~~-a~• line, Ilotvever, with the Town's consent the County may- connect to the line from tlic I_,otlg-Airdos Plant and continue to use same until the !; Town notifies them that said line is no longer available to receive the !; !' Count~•'s sewage ber.ause of the Town's need to use the line for other i Ij Torn ctistom~rs. In the event this occurs, the C'ount•,- shall then e~-tend' '. its line from the point it connects to the Long-l~irdox line to the pumping :~ station. The Town will treat sewage received from the County to the I~ ~I same extent and degree that sewage originating within the Town is treated. {{i i'.~ The Town will pay the County for Town sewage (other than that i I recei~•ed from the Count.-) which the County pumps for the Town at the ~~ i~ above referred to pumping station, The rate shall be on a pr o-rata ~' basis of cost to pump To~,vn sewage to the total cost of pumping, or unor l ~~ such other terms as the parties may agree upon. ;, (c) Considering the unknown impact of near regulations, ' requirements and controls, environmental or otherwise, the Town enter into this contract for the treatment of sewage and wastes upon the specifjc ;' condition that the Town shall have exclusive right to accept or reject alh se1~-age delivered to it and to prohibit new connections within the territor~- to be ser~-ed Ur the County, including any to public buildings, and to 1 1 1 . , . ,, . discontinue any- connections made under this contract. s (d) It is agreed that the sewage which the Town receives from the C:ount~- nua~• become objectionable and overburden the To~vn setter ~; • ~, system b~- reason of the b. o, d. , volume of discharge, rate of discharge __ ~ color, pH factor, or if it contains substances greater than acceptable i tolerance of any one or of a combination of the above, or of other elen:~nts, ,~ cheir.icals, or substance, etc. It is i.nt.ended that all county discharge tinder this contr. act be included if it becomes objectionable for any- reason ;~ ;~ j~ ~t-hatsoever, regardless of tiie kind of pollutants or factors. In the Trent the above occurs, or if at any- time the Count~-'s discharge burdens the sett~age disposal plant of the Totten of Pulaski to a '~ greater dcgrce than it is now burdened, or if the ~'irgulia Water Control Board, or other governmental agencic:S, require the Town to meet ~ additional standards, or object to, forbid, or limit the To~c~n's discharge:: f~ of effluent from saki sewage plant into the public streams because the ~' effltent does not meet the required standards, and such overburden is i attributed either directly- or indirectly to the discharge of the Count-, the ;; ~ _ Tot~-n may- in its discretion require the Count~• to install monitoring and ,~ ~'. measuring devices to determine contents, volume, etc. , of its discharge ;i i and may also require necessary equipment, tanks, etc. , to pre-treat its ~i ~raste matters before discharging same into the Town sewer s~-stem, or .: to take such other corrective and necessary measures to bring its discharge '; to acceptable standards, and if necessar. ~; to limit or discontinue services ;. to the Count- until compliance is made by the Count~~ or until other ~; arrangements may be agreed upon. And- required installations, pre-treatment, etc. , shall be paid for b~• the Count- and shall meet the Town's or other proper authorities' svecifications. • - ~: ~~ -6- ~,,. _ ` , 1 1 ,~ ~~ ~: i! q !~ ~I ~, '~ . (e) The sewage s~-stem and all facilities necessary for the ~ collection of sewage within the County for delivery to the Town at the ,~ j designated points, including all necessary flow meters, and other equi !j. P-, ~~ ment, shall Ue provided and maintained by the Count- without cost to the i, ~~ Town. i j (f) The strength of normal wastes at the point of delivery by i± d ,, the County for treatment at the base rate of charges hereinafter contained ii I'! ;~ shall at no time and at no point of delivery to the Town have a b. o. d, that' exceeds 240 p. p. m. or a suspended solid content that exceeds 240 p, p, m If the above limitations are extended or upgraded and the Toti~-r. is required to upgrade the sewage treatment process or be ordered or compelled b~> proper authority- to increase the quality of effluent discharged by its treatment plant, the Town shall apply and enforce under the terms iof this contract the same limitations against the County which are applied ~! against the To«m by proper authority. ~~ ~~ It is further agreed that the Town in addition to the requirement i( ~f ! in paragraph (b), may at such time and place as i.t elects, take its oK-n samples (by any- approved method) of sewa e delivered b - ,~ g y the County m order I to determine any of the factors of quality hereinabove mentioned. ~~ ~~ (3) In installing sewage and waste collection facilities, including i lines, meters, valves, connections and other equipment, the Count- shall ;~ ~, use materials, equipment, methods and workmanship which are acceptably under normal standards and specifications recognized in the State of ~ irginia for similar systems, but in no event shall such materials, I equipment, methods and workmanship be of lesser quality than those used or required b~- the Totvn for its own sewer collecting system. I j ' ~, ,, -7- ! '~: - r_,. 1 1 1 ;. Thc: C'r>>>nt~~ shad +jtit ehEl~e, sc~ct~rc and install at its cost,' all !! se~~-er tllalllS and lines, meters, all ne.cessar~• t~~pes of ~-al~res, miter stations or bc~lc's, Mild and- anti all other appropriate equipment nec~ssar~: to construct, Ir.aintain or extend an acl~_~quatc se~~~er s,.-~te~n of nrdper design and Biro to collect and deliver to the To~s~n se~.ti~age c)r ti=.•aste `he Torn agrees to accept under this contract. i'hc, Count.,- shell have? the !: ~~bligation at its cost tc) maintain and keep all the facilities construdted anti «-hich are a part cif its s~ stem in ~~ good state c>f repair. The nlanb for ~~ the original construction and an~• reconstruction or extension of the (Coura°: ,~ ;j ~ seat; er s~-stc m contemplated under this contract sha'_1 be ~:rproved b~ tf.e :~~ -fO~i-n ilrior tc~ c c~mnleneemcnt of and- z~orl: thereon. In the event ari-: mart of the s~-stem is found not to be of prol)c:r construction, size or defiign, 't ~~-ill be replaced ti~~il:hin a reasonable title by and at the cape±lse of the Cottnt~-. (-1) The term of this agreement shall be for a period of f~rt~- (-10) rears beginning on the 19th da~r of <iunc' l~'73, !and ,; i it continuing in effect through the 19th day of ,Tune 20x13 ~_. However, it is specifically understood and mutually agreed i~ bett~-een the parties that b~~ reason of both parties being municipal ccrpora- tions, that then are bound b~- certain spocific la~~,•s not affecting indil,-iduals, but ~~•hich govern the olxeration of municipalities and limit their oblig~tiors; that under such laws, future operations under this contract may be affected. It is further understood and agreed that the Town has authority- to treat se~~-age or caste at its sewage treatment plant only so long as there exists a surplus capacity- for treatment. At any tune in the judgment of the Totvn, acting through it$ Council and after a proper hearing the Council adopts a resolution declaring that there is no longer a surplus of sewage treatment car~acit~ -8- 1 1 ;; ~i 'i '! available for receiving se~t~-age under this contract, then this contract shall become inoperati~~e until such time as the Totivn Council declares that there is a surplus capacity for se~trage treatment available. Them ~, shall be no appeal from the Town's decision on c~,~hether there elists a~ surplus capacity for treatment of sewage or waste. In this regard it is recognised, understood and agreed that tine Town is obligated first to the residents of the Town, and then to contractual customers in order of their chronological l~riorit~-. ,; (~) At Such tine or times as the C;ount~- has completed its construction installations and tested same, the 'Town agrees to receive ~: the sewage ar ~vastc~ into its lines upon the written request of the Countt-, ii (G) (a) Sewage or wastes received uncles this agreement shall be measured thrrnigh meters, the first one to be installed b~.- the County at the location designated by the Town near the Long-Airdol Plant on i \ewbern Road (State Route #G11). All meters installed shall be of adequate size and design and shall be regularly inspected and tested at times considered b~- the meter manufacturers to be the accented interval inspection received by the Town shall be filed with the County. The County shall pay the actual cost of inspection and testing. (b) The County agrees to nay the Town for treating sewage;'. ;' and ~~~astes as measured by the aforementioned meters at the rate of forty-five (~0. ~5) cants per thousand gallons. (c) Insofar as possible, the Town shall read the meter on fqr inspecting and testing such meters. Copies of certificates of the same day monthly. The time of reading shall be agreed upon bt- the! To~~-n and the County, .and if no agreement is or can be reached, the To~x-n shall establish the time of reading and so nc~tifv the Count- in order that -9- e.... u 1 1 the County may have an employee or agent present at the time the reading is made, if it so desires. (d) All statements of charges for sewage or wastes treateki shall be .based upon readings of the meter, except, however, if at any period said meter shall fail to correctly register the flow of sewage or i waste, or if for any reason the meter shall have been temporarily remo~~ed or damaged in any way, or for .any reason it is out of working condition, (e) 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 sei~-age or waste received during that monthly period, and payment therefor' billing for. set age or uraste during such period shall .be r~~ade based on the average monthly charge for sewage or waste received during the six months immediately prior thereto. shall be made by the County to the Town Treasurer within fifteen (15) darts after receiving the statement of the charges due and owing. :~11 sums paid the Tov~rn by the County shall be for sewage or waste received and shall in no ~~t-av constitute or create any equit~~ or interest in the Town's sewagee collection. or disposal treatment system. (f) Should default in payment occur, the Town shall notify the County in writing of such default and if payment is not received ~rithih ` thirty (30) days of such notice, the Town shall have the right to discontinuie t• receiving sewage or waste into its sewage collection and treatment ~~ system. ° j ;~ (i) The County herebS• covenats and agrees that the sewage ;; ,; ~j rates charged private .customers by the County connected to their system I~ ~~ shall at no time be less than that paid to the Town by private customers ,i outside the corporate limits of the Town for the same amount of sewage ,~ .~ . ~+ - ~~ { {~ -10- r - 3,. 'k _i ~~ l ~ or waste received into its system or for similar services. ~ i (8) (a) The rates charged by the Town under this contract maw be re-negotiated every two (2) years, providing that the party so desirinlg to re-negotiate shall give to the other party at least six (6) months notice in tivriting prior to the end of any two -year period of its desire to re-negotiate. Such notice must specify the rates sought and the reasons therefor. Itl the absence of notice to re-negotiate, the rates will remaitl ' unchanged for the next succeeding two-year period. (b) In negotiations to determine an,y- increase in rates over and above the forte-five cents (~0. 45) per one thousand (1, 000) gallons agreed upon in this contract, the parties shall use the following: 1. .Costs of Receiving, Transmission and Treatment 1 of Sewage: All expense for the costs of operating the Town's entire sewer system, including costs of ordinary maintenance and repair. Expense for modifying or improving the sewer s~-stem in order to treat the sewage to meet additional requirements when it becomes necessary to do so by order of any lawfully constituted authorit~r. When costs are determined, they shall be translated into the costs per one thousand (1, 000) gallons. To this cost figure shall be added an additional cost factor of at least tv~renty-five (25%) per centum thereof as a general overall administrative and overhead burden of governmental cost. -il- f 2. ~ Capital [mprovement required to meet terms of this contract. All sums which the Town is required to expend C for modification, additions, ext~ansion and impro-: ing its system when same is required solely to treat se`vage under this contract, even when it is ~rithin the Town, 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 an,y- capital improvements shall be made, the improvement, the sum to be expended, and the time it ~~till ~I be made. \TO inference shall be drawn, either directly or indirectly- fto*n the fact that reference is made herein to Capital Improvement, that the i. ~ Town is committed to make capital improvements. is ~~ F,xpansion of Treatment Facilities ~i The parties hereto are aware of the Virginia Water Control ;, ~~ j Board's requirement that municipalities, upon reaching 80% capacity of` ~I sewage treatment facilities for a period of three (3) months shall forr.~ulate plans for expansion of the facilities' capacity and for financing same, end, i ~ in addition, ha~-e been advised of present planning for server facilities within the County of Pulaski (including the Town), and the financing therreof ~~ on a district or re Tonal basis. Wher ,I g eupon, considering that the area ~~ ~ within the Town and the portion of Pulaski County to be served under this contract, and other parts of the County lying in the Western Drainage ~r'ea ' ;I j of the County will most likely be required to establish joint sewerage treatment facilities, it is agreed that the above formula for rate increase i ,; I' ~, { -12- }` ~ !~ ~i ` ~'nd p~s~~ment of certain impro~-ement does not inc:ludc: major expansion,; modification, etc. Therefore, in order for the Town to t7)aintain adegwate treatment facilities to supple services to the Count- under this contract, and in contemi)lation of expansion of treatment f~~cilities t~) serve a ~resater portion of the Count- with the lu)ssible inclusion of all the area ;within ~he .. Z~estern Drainage District, the Count~~ herebti~ agrees to participate ir. the To~rn's costs for the planning, construction and expansion of its facilities iI~ the sane ratio as the number of gallons of CCc,unt~- se~.-er trE•ate•d b~- the Town is to the total gallons treated by the 7'otvn, plus the Cc,;;nt•.-'s additional anticipated use in gallons. In the e~-ent the Colint5• does not or cannot anticipate its additional heeds at the: tin~c a project is planned, and thus clods nc~t pa..- any- sur_: to the Trnvn based on anticipated usc, but does actuall~• at a later time use: additional services calcul.atecl in gal.l.ons, then at such time and at such other future time as snore service is tiscd, produced b~- facilities in ~nc~h tl)e~- ha~-e not participated, it shall pa~,~ to the To~~rn on its cost its pro-rata share of the total costs paid b,~- the To~,vn for the additional facility-, based on the same formula of the number of gallons used b~- the Count- to the total treated in the facilities. This is to say that as the County's use increases in gallons, the County shall owe and pati- additional sums under the same formula, until such time as further expansion becomes necessary by reason of the Town and Count~T having exhausted the treatment facility's capacity°. (9) In the event that the Town and County are unable to agree upon a rate or rates to be established at any time under this contract, 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 establishing setiver rates and the two shall then select a third arbitrator i a -1~- L 1 i~ i, ;) if the two are unable to agree. Ik The arbitration board shall consider tt~e factors herein contained for establishing the rate and shall establish by majority vote the rate to be paid under this agreem~ nt until new rates are thereafter established under this contract. (10) The County shall obtain or cause to be obtained necessary easements for. the construction, reconstruction, improvement, permanent maintenance and repair of all installations proposed under this contract. All such sewer lines, easements and any sewer or waste treatment '; , . i~ f (11) The parties hereto further covenant and agree that during: ;t the term of this agreement they shall comply with and cause compliance ZCi*_h 1' ,; Ij any and all applicable statutory provisions or lawful orders and directive facilities receiving selvage or waste and constructed b~- the Counts shall Abe and remain the exclusive property of the County, unless otherwise agreed by the Comity of the State Water Control Board, or other proper authority. (12) The County expressly covenants and agrees to adopt, maintain and enforce within the Area hereinabove provided compulsorj- ordinances, no less regulatory or restrictive than ordinances effective within the Town, which regulate, limit or prohibit the introduction into thie sewer collector or interceptor lines- in said Area, of excluded or objection- able substances, matter or materials, either as to qualitti- or quantity thereof. The County shall take all necessary steps to prohibit the ~~ infiltration into the sewer line of surface water, including drains from ~~ buildings, etc. , and to meet all governmental specifications in this regard. i y (13) The Town, or its authorized agents or employees, are I; '~ hereby granted the right of ingress and egress to all premises and .1 i~ facilities at anv time to inspect the facilities installed .and used under ~i this contract, including all metering stations, pump stations, and related ~~ facilities, ~~ tf -14- ~ ~ ~/ 1 ~~ 1 1 I I i ~' (1-1) It is understood and agreed that the County ~~,Till deliver se«-hge ~~ or ~;paste under this contract specifically from the new Pulaski County High i+ ,~ i .School and public buildings, as well as from the se~irage collection system ;i established and constructed by the Pulaski County Public Service Authority r ',~ consisting of a separate sewage receiving line s~'stem for persons outside ! the area reserved by the Town. It is further agreed that although the Pulaski :I County Public Service Authority is a legally established separate political I :' Sllbd1v1S10I1 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 understood by the parties that the County shall be i responsible under the la~~rs of agency for the action of the Pulaski Count~- ~! Public Ser~•ice Authority, and the To~~Tn is contracting with it only upon those ' terms. (15) The parties hereto agree that neither the County nor the ' Pulaski County Public Service Authority will receive sewage or wastes from any of that portion of Pulaski County described and designated as "ARE_4" 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 Totc-n has received a ~~~ritten reasonable request from any person living in said AREA ' for se~~-er service for single-housing dwelling units and does within a reasonable time by proper resolution of Council u>aive 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 sewage service requested. i In the event that the County receives a request for se~~age service ~~ in the part of the County reserved to it, and it cannot supply service, then j it may declare that to them it is not feasible, or the County does not desire to furnish see;age service using the same procedure set out above for the --15 - ,` ~~ ;! use of the Town, in which instance the Town may, if it desires to do so, furnish setc~age service under its regular out-of -town policy. (16) The parties hereto may mutually agree to promulgate and li establish rules and regulations or schedules pertaining to details for carrying .. ~~ out the terms of this contract. If such rules or regulations. are established, or if other agreements are made, they may be added to this contract as ;~ ~, ;) addenda and incorporated herein, and thereby m~.~de subject to applicable ,~ ~~ ;' terms of the contract. This shall include extension of service contemplated under this agreement, or otherwise. i. (17) I~pon completion of the system, or ~~~hen requested by the Town prior thereto, of a line or other facilities by the Count v, or after ,~ ~' any extension thereof, the Count~• shall make a map sho«-ing the exact `; location "As Built" of all such installations, including location of meters, i valves, connections, etc. , and shall furnish to the Town a copy of such map, together urith the necessary amendments thereto as additional lines are constructed, all ~~>ithin a reasonable time. !ls) It is further agreed between the parties that in the receiving '' of sewage or ~~~astes into its lines or disposal sewage plant hereunder, the i Town shall not be liable on claims for damage to property or for personal ,: ,~ '~ injury to the Count-, the Agent, or to any person for treating or receiving setivage or waste from the County or otherwise in privity- t~~ith the Count v, for the interruption, stoppage of sewer service, lack of adequate capacity in receiving se~trer lines, lack of surplus capacity in the Tot~;•n se~yage treatment plant, flooding or for any other reason arising from the sert-ices •i ,; performed under the terms of this agreement, except in any case where the '. negligence of the Town is the sole proximate cause of injury or damage, and the Town could be held liable under the general law. The County further elg_ lJ i ji `~ ~~ ~~ agrees to tale out and keep in full force and effect a policy of insurance ~*:ith ~ proper endorsement thereon to the Town, to hold harmless the Town from I all claims for damages and costs, as aforesaid. (1~) The parties hereto may from time to time agree to install. new and additional sewer lines through which the Town will receive from '~ the County the 50, 000 gallons of sewage agreed to }ierein, or may agree to :, ~' specific connections not covered hereunder, in which event sl~pplemental ~! ~ contracts shall be drawn showing the terms agreed upon. Such supplemental :~ ;f contracts may be .incorporated by reference into this agreement. '! (20) Should any portions of this contract be declared null and j void for any- reason, by a final adjudication of a court of competent ,; ,; `i jurisdiction, the remainder of said contract shall remain in full force and i effect, unless the parties agree otherwise. If the parties are unable to ~; :~ i 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 (9) above, unless the questions concern whether there is a surplus of sewage treatment facilities, in which case the Town's decision shall be final, '~ IN ~~GITNESS WHEREOF, the Town of Pulaski, ~~ irginia, has caused this Contract to be executed by J. attested by Glad~-s R. Dalton, C1erI:, E. Marshall, its Town 1~Ianager, and with its seal affixed; the County of Pulaski, ~~ irginia, has caused this Contract to be executed by Archa Vaughan, .~ Jr. , its Chairman, and attested by Robert McNichols, with its seal affixed; and the Pulaski County Public Service Authority has caused this Contract to ~; be executed by R. H. Love, its Chairman, attested by Robert :McNichols, with its seal affixed, the day and year first above written. -17= j~~~ CV `" ~ June 19, 1973 After some discussion, it was suggested by several members of the Council and by Town Attorney Moore, that the wording in parts of this resolution be changed. The resolution is as follows: RESOLUTION WHEREAS, the Public Utilities Committee has this day presented to the Council a contract between the Town of Pulaski, the County of Pulaski, and the Pulaski County Public Service Authority, by the terms of which the Town agrees to treat County sewage at its Sewage Treatment Plant not to exceed 50,000 gallons a day for a period of forty (40 ) years, or so long as the Town has surplus treatment facilities; and OD NTRACT BETWEEN ZOWN, WHEREAS, the contract makes the treatment of sewage PUL 00. & under the terms of the contract subject First to the needs PUL CO .S ERN. of the users within the Town and all other prior contractual AUTfDRITY users for the treatment of sewage which the Town has at FUR TREATMENT the time the contract is executed. OF SEWAGE APPROVED & NOW,.THEREFORE, BE IT RESOLVED by the Council of the Town SIGNED of Pulaski, meeting in regular session on this 19th day of June,.. 1973, that: The terms of the Contract this day filed with the Council in its present form between the Town and County of Pulaski for the treatment of sewage, 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. The contract shall be presented immediately to the County for its approval. Motion was made by Counci-loran Ratcliff, seconded by Councilman Meadows:, that the Resolution b8 adopted. Motion was carried on the following vote: Mason A. Vaughan - aye William A. House - aye Andrew L. Graham. - aye Raymond F. Ratcliff - aye Arthur L. Meadows -• aye. J. L. Congrove - aye Glen K..Aust - aye S. G. Frye - aye Town Attorney Moore read a resolution concerning a housing HOUSING 7p Bg REF . referendum vote to be held on September 11. Councilman Rat cliff moved HELD SEPT. that the resolution be adop ted. Motion was seconded by Coun cilman 11TH Meadows, and carried on the following recorded vote: Mason A. Vaughan - aye William A. House - aye Andrew. L. Graham - aye Raymond F. Ratcliff - aye Arthur L. Meadows - aye J. L. Congrove - aye Glen K. Aust - aye S. G. Frye - aye ~~`~'. ~~ t. ~ ~... HJ US ING Said resolution was adopted as follows: R FS f1T.TTTT[1N WHEREAS, a petition has been presented to Council containing 100 plus signatures of Freeholders living within the Town of Pulaski, Virginia, stating that they bel-lave there is a need for a redevelopment and housing authority to furs tion within the Town of Pulaski , Vir gins a, ,and setting out certain reasons for their belief; and, June 19, 1973 AUTI~ R ITY RESO LUT 7IJ N WHEREAS, said petition requests the Council of the Town, pursuant to the provisions of Title 36 of the Code of Virginia, and particularly Title 36.4 of the Code of, Virginia of 1950, as amended, to fix September 11, 1973, as the date upon which an election will be held so voter s within the Town may vote upon whether they desire or believe there is a need for the establishment of a housing authority within the Town of Pulaski, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL .OF THE TOWN OF PULASKI, VIRGINIA, meeting in regular session on this 19th day of June, 1973, as follows: (1) That said petition be received and filed, that the Council concurs in the petition and believes that there is a shortage of safe and sanitary dwelling accommodations in the Town available to persons of low income at rentals they can afford; that there are blighted and deteriorated areas which need redeveloping and certain unsanitary and unsafe dwelling accommodations (2) That the 11th day of September, 1973, be, and the same is hereby, fixed as the date upon which an election shall be held to determine whether or not there is a need for the establishment of a redevelopment and housing authority to function in the Town of Pulaski. (3) That the Attorney for said Town is directed to pre- pare and file with the Judge of the Circuit Court of Pulaski County, Virginia, a petition requesting the Court to enter a proper Order directing that the proper election officials for the Town of Pulaski, Virginia, call and hold an election.. and canvass the results thereof as provided under Title 36.41 and Title 24.1 of ,the Code of Virginia for calling and holding special elections. That the said Attorney include in the. petition to the Court a certified copy of this Resolution. (4) That the Attorney take such further steps as may be deemed necessary under the aforesaid title in order to submit the question: "Is there a need f cr the redevelopment and housing authority to be activated in .the Town of Pulaski?" to the people of the Town for their vote,... A petition was presented reflecting 100 plus Freeholder signatures, which was filed with the Clerk to become a part of the records and filed in the Town Manager's Office. Town Manager Marshall reported on a study made at the Water 1 1 L~ REPORT OF Treatment plant pertaining to the amount of rainfall received by the RAINFALL Town from January 1 to June 14 of this year. ~~ f-~ a• c- June 19, 1973 '~~ A report was given on a draft presented to the Ordinance Committee on June 13, 1973, which dealt with the flood insurance. A copy of the draft was read to the Council members. Town Attorney FIAOD INS . ORDINANCE Moore advised Council that before the plan could be adopted, a & NECESSITY OF PUBLIC public hearing must be held. A motion was then made by Vice- HEARING BEFORE Mayor .F rye that the ,Ordinance Committee study the draft and give a ADOPTIO N report to the Council.; Motion was seconded by Councilman Graham, anfl carried.' Town Manager Marshall brought to the attention of the Council REQ. OF WHITE ~ ~ R ~, a report concerning industrial sewer waste for White Motor Company RE: INDUSTRIAL WASTE TURN- through Pulaski County. Councilman Vaughan moved that it be turned ED OVER 1D CO MM, over to Public Utilities Committee for study. The motion was seconded by Councilman Graham, and carried. At 9:05 P M. a motion was made by Councilman Vaughan that Council enter into executive session to discuss a personnel matter. Motion was seconded by Councilman Ratcliff, and carried on the following recorded vote: EXECUTIVE Mason A. Vaughan - aye William A. House - aye SESSIO N Andrew L. Graham - aye Raymond F. Ratcliff- aye Arthur L. Meadows - aye J. L, Congrove - aye Glen K. Aust - aye S. G. Frye - aye At 9:35 P, M, Mr. House moved, seconded by Mr. Graham, that Council return to regular session. Motion was carried. t a Vice-Mayor Frye then asked if there was any further business MEETING ADJOIIRNEDto come bef ore the Council, and there being none, Mr. Graham at 9:36 P. M., seconded by Mr. House, moved that the meeting be adjourned. Motion carried. APPROVE ~~ ~. Vice=fi~layor S. G. Frye ATTEST: Acting Cler of Council for Gladys R. Dalton