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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 1 1