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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: - ~~: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. u 1 1 r ~~ 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~ -5- 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 i] Attest: 9 , ~ ~~ a ys on, er o ounci w ~~: ,,~ ,.~. - ~ F ~ ' e, I r ~ ~,'~ "~ ~ [ -~~ ,~~ ~ ~~ r ~` - 3 ~, x r~ @zt d ~ .4, 1,~~ 1' 'J [. wr L - {r a 1 rod t ~. ,.. I. y^.. ~My ~ t# - +7 j cam, nb~ f .~ .,. ~, - ~ w`r ~' n . 6 ~ ~4 '. ~{. " rv .t S, ~~' FA {6 .,t n. ,. i a, rya ,~., ~ -:,° ,~ say i~T ~ r ~_~ ~ ^, i x ~ . r~ .t ~ d '~ a ~ 7 1 ~', - ~ ~~~~ #' k~ iY 1. , , ~ ~ l ~~ y : x r s ~7 ~E.~; ~t ~9~ i ~~~ ~ ~~ i j X' * ~ r~~ ~ E ~ _ t' _ q. ..^~ ~ 1VS .ti ~.r N ~ ~.~ or n S-; F '. '. 1 3C ?' o~ ~ ~.~~' i i, ti ?,~ ~ ~fi. t r ~~ r i ~i~ ~ A ,r ..x~::~. w a ~ t ti h_ : ~ 1 S ~ ~ I s. r~ a t ~ L ~ ~ 2 ~~~ r ~ of r x: a r . ~ ~ ~ iF ~~S~i r ~ ~1 Q ~ ~ 'ice .rte ~ - ~~~ +y~p~,r~~, - xu~'.` s-" ti r.. .;IP ~ ~ t ~ S r r ~_~ j} M1 yT , k ~R Yom, M1 ` ~ ~~r .~,~ N i. c~~"+" ',~ ~ - ~A ~'~, i ` C ~ - t c C Y 3r { ~ ` ^tl .~Lyy TjW~ ~ ~ !~ 5 A. .ri.~ ~ ,~, ~ '~~-ilk n t ~ _ t ?9irtc t4 +s ! ' Sv ~ ~xv s ." ~~,~~!r' 1 .3;11' -. r ~. i ¢`: ~.: {t - ~.. ~ r 4~m#~ "a''~ay ~, L5 T ~ JJ a k. E'?1 ~ ~ ~ `~~ ,~ ,., , ~ ~-~ ~ v ~'r x-J i ... , w ~ r u~~ .. s ~. ~ E o~ 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 ._~....._~._____~ 1