HomeMy Public PortalAbout1973_08_03NOTICE
A Special Meeting of the Leesburg Town Council
will be held on Friday, August 3, 1973 at 10:00 A.M. in
the Council Chambers, 10 West Loudoun Street, Leesburg,
Virginia, to consider an Agreement between the Highway
Department and the Town of Leesburg concerning the Myers
Well, etc.
This meeting is open to the public.
G. DEWEY�
Mayo
118
SPECIAL MEETING OF LEESBURG TOWN COUNCIL, AUGUST 3, 1973.
A special meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on Au-
gust 3, 1973 at 10:00 A.M., pursuant to Notice of same, copy of which
is attached hereto. The meeting was called to order by the Mayor.
-Present were Mayor G. Dewey Hill, Councilmen Walter F. Murray, John
W. Pumphrey, Herbert L. Ridder, C. Terry Titus and John A. Wallace,
Jr.; also Town Manager James W. Ritter and Town Attorney George M.
Martin. Absent from the meeting was Councilman Robert A. Orr.
Mayor Hill stated that this meeting was called for the purpose
of discussing an Agreement between the Virginia Department of High-
ways and the Town of Leesburg concerning the Myers Well, which utili-
ty is located within the right-of-way of the Southwest Quadrant of
the By -Pass to be constructed by the Department of Highways.
Present for the -Highway Department were Mr. Connock, Resident
Engineer; Mr. Coppedge, Assistant Right -of -Way Engineer for the Dis-
trict and Mr. Curtis, District Utilities-:Engineer;-asq Mr. 0. Leland
Mahan and Mr. Woodrow W. Turner, Jr., of Hall, Monahan and Engle, at-
torneys representing the Highway Department.
There followed a lengthy discussion between Council members and
Highway Department officials concerning various items in the Agreement,
as well as some other items Council felt should be made a matter of
record.
On motion of Councilman Murray, seconded by Councilman Ridder,
the following resolution was unanimously adopted, subject to Section
IIIc) being changed to read as follows:
"(c) The UTILITY hereby agrees to convey the Myers tract
by general warranty and the Wright and Hanes, Trustee, tracts
by quit -claim to the State of Virginia, from which its facili-
ties are to be removed, or which its facilities occupy, where
same fall within the bounds of the STATE right of way for this
project.
RESOLUTION
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Agreement between Town of Leesburg and Commonwealth
of Virginia, Department of Highways for the Adjustment of
8 -inch Sanitary Sewer Facilities and for the Design and Re-
location and/or Adjustment of the Chlorination Plant, Pump-
ing System, Water Lines and Other Equipment Associated with
the Town Well at Approximate Station 319+00 be ratified, and
that the Mayor be authorized to sign said Agreement for the
Town of Leesburg, and
BE IT FURTHER RESOLVED, that the Virginia Department of High-
ways will forward to the Town of Leesburg a letter setting
forth the following facts:
(1) That interim billings may be submitted to the Virginia
Department of Highways for reimbursement during con-
struction;
(2) As relates to Section III (a), the Department of High-
ways will continue the permit in effect until such time
!• as may be mutually agreed by both parties that the per- ,
mit is no longer needed.
The Agreement, as changed in accordance with the above, reads
as follows:
A19
MINUTES OF SPECIAL MEETING, AUGUST 3, 1973.
AGREEMENT
between
TOWN OF LEESBURG
and
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS
for
THE ADJUSTMENT OF 8 -INCH SANITARY SEWER FACILITIES AND
FOR THE DESIGN AND RELOCATION AND/OR ADJUSTMENT OF
THE CHLORINATION PLANT, PUMPING SYSTEM, WATER LINES AND OTHER
EQUIPMENT ASSOCIATED WITH THE TOWN WELL AT APPROXIMATE STATION 319+00
THIS AGREEMENT, made and entered into as of the day of
, 19_, by -nd between TOWN OF LEESBURG (herein-
after called UTILITY), and the COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF HIGHWAYS (hereinafter called STATE), acting by its Commissioner;
W I T N E S S E T H
It has been determined that the STATE is responsible for bearing
the applicable cost of the adjustment, in accordance with this agree-
ment. The estimated applicable cost of this adjustment to be borne
by the STATE is $124,5b0.00, as set forth in the attached estimate
prepared by Dewberry, Nealon & Davis.
SECTION III
(a) Where the facilities of the UTILITY will be within the
STATE right of way, the STATE will issue and continue in effect, with-
out cost, a permit to the UTILITY (Va. Dept. Hwys. Form CE -6A) cover-
ing the location of the facilities which will be within the STATE
right of way for this project. The facilities of the UTILITY covered
under such permit shall be and remain the property of the UTILITY; no
charge shall be made for the use of the highway right of way occupied
by the UTILITY.
(b), When the facilities of the UTILITY erected under such per-
mit are located within the bounds of the designated limited access
' right of way, the UTILITY will give advance notice to the STATE'S lo-
cal Resident or District Engineer of any non -emergency maintenance
operations to be performed within the right of way. When emergency
conditions require immediate maintenance operations by the UTILITY,
such operations may be performed without advance notice to the STATE.
The UTILITY will, to the best of its ability, perform all operations
within the limited access right of way in a manner which will reduce
to a minimum interference to the flow of traffic and disturbance of
the roadway, and which will provide a maximum of safety to traffic
and to the UTILITY'S forces. The UTILITY'S agents and employees shall
at all times have full ingress to and egress from its well facilities
located in the median at approximate Station 319+00 in order to per-
form routine maintenance of said facilities.
WHEREAS, the STATE
is proposing to construct a section of high-
way to be designated as
Route 7; Project 6007-053-111, RW -202, which
will necessitate changes
in the UTILITY'S facilities; and
WHEREAS, the STATE
and UTILITY wish to agree upon the terms and
Qconditions
under which
the UTILITY will make the necessary changes in
p
its facilities and the
STATE will reimburse the UTILITY the appli-
cable costs incurred by
such changes as hereinafter set forth;
NOW THEREFORE, for
and in consideration of the premises and of
the mutual covenants herein
contained, the parties hereto agree as
follows:
SECTION I
The UTILITY, after
receiving authorization from the STATE, will
with due diligence and
dispatch adjust its facilities in accordance
'
with the plans designed
by the Consulting Engineers, Dewberry, Nealon
& Davis.
SECTION II
It has been determined that the STATE is responsible for bearing
the applicable cost of the adjustment, in accordance with this agree-
ment. The estimated applicable cost of this adjustment to be borne
by the STATE is $124,5b0.00, as set forth in the attached estimate
prepared by Dewberry, Nealon & Davis.
SECTION III
(a) Where the facilities of the UTILITY will be within the
STATE right of way, the STATE will issue and continue in effect, with-
out cost, a permit to the UTILITY (Va. Dept. Hwys. Form CE -6A) cover-
ing the location of the facilities which will be within the STATE
right of way for this project. The facilities of the UTILITY covered
under such permit shall be and remain the property of the UTILITY; no
charge shall be made for the use of the highway right of way occupied
by the UTILITY.
(b), When the facilities of the UTILITY erected under such per-
mit are located within the bounds of the designated limited access
' right of way, the UTILITY will give advance notice to the STATE'S lo-
cal Resident or District Engineer of any non -emergency maintenance
operations to be performed within the right of way. When emergency
conditions require immediate maintenance operations by the UTILITY,
such operations may be performed without advance notice to the STATE.
The UTILITY will, to the best of its ability, perform all operations
within the limited access right of way in a manner which will reduce
to a minimum interference to the flow of traffic and disturbance of
the roadway, and which will provide a maximum of safety to traffic
and to the UTILITY'S forces. The UTILITY'S agents and employees shall
at all times have full ingress to and egress from its well facilities
located in the median at approximate Station 319+00 in order to per-
form routine maintenance of said facilities.
I12o
MINUTES OF SPECIAL MEETING, AUGUST 3, 1973.
(c) The UTILITY hereby agrees to convey the Myers tract by
general warranty and the Wright and Hanes, Trustee tracts by quit-
claim to the State of Virginia from which its facilities are to be
removed, or which its facilities occupy, where same fall within the
bounds of the STATE right of way for this project.
(d) In the event the STATE should request at any time hereafter
that the facilities as adjusted hereunder at STATE expense be again
adjusted, the STATE will pay the UTILITY the applicable costs incurred
by the UTILITY, in providing a comparable facility, including the cost
of securing any necessary rights of way.
SECTION IV
(a) The UTILITY shall ascertain that appropriate records are
kept so that all costs associated with the design and adjustment of
facilities owned by the UTILITY can be verified.
(b) All costs, records and accounts are subject to audit by
representatives of the STATE.
IN WITNESS WHEREOF, each party hereto has caused this agree-
ment to be executed in duplicate in its name and on its behalf by
its duly authorized officer or agent as of the day and year first
above written.
In the presence of:
As to Town of Leesburg
In the presence of:
As to the Commonwealth
Em
TOWN OF LEESBURG
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HIGHWAYS
BY:
Deputy Commissioner
On motion of Councilman Wallace, seconded by Councilman Murray,
the meeting was adjourned at 11:00 A.M.
or
Clerk of t Council
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