RESOLUTION

 

A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE COMMONWEALTH TRANSPORTATION COMMISSIONER FOR ENFORCEMENT OF VIRGINIA CODE SECTION 33.1-374 PERTAINING TO ILLEGAL SIGNS IN THE RIGHT-OF-WAY           

 

WHEREAS, pursuant to Title 33.1, Chapter 7, Article 1 of the Code of Virginia, 1950, as amended, the Virginia Department of Transportation (VDOT) enforces a prohibition on the placement of signs and advertisements within the limits of highways in the Commonwealth; and

 

WHEREAS, the Fauquier County Board of Supervisors has an interest in protecting the public health, safety, and welfare, and in protecting the appearance of the County in general; and

 

WHEREAS, the Board has found that the proliferation of advertisements and other signs in the right-of-way of highways threatens the public safety and the welfare of the County,  has a negative effect on the appearance of highways, and violates County Ordinances; and

 

WHEREAS, the Board desires to exercise its authority under §15.2-1200 of the Code of Virginia, 1950, as amended, to regulate the placement of advertisements and signs in the right-of-way of highways in the County, in a manner consistent with existing provisions of the Code of Virginia and regulations promulgated by the Commonwealth Transportation Commissioner, as provided in §33.1-374; and

 

WHEREAS, the Board desires additional authority, as an agent of the Commonwealth Transportation Commissioner, for the removal of signs and advertisements from the highways in Fauquier County; and

 

WHEREAS, the Commonwealth Transportation Commissioner desires the Board’s assistance in removing signs and advertisements from the highways in Fauquier County, and wishes to designate the Board of Supervisors and its designees as agents of the Commonwealth Transportation Commissioner for the removal, obliteration, and abatement of signs and advertisements within the limits of highways in Fauquier County; now, therefore, be it

 

            RESOLVED by the Fauquier County Board of Supervisors this 16th day of July 2005, That the Board of Supervisors does hereby authorize the County Administrator to execute an Agreement Between the Virginia Department of Transportation and the Board of Supervisors of Fauquier County, Virginia, for the Removal of Illegal Signs Within the Limits of the Highway.

 


 

AGREEMENT BETWEEN

THE VIRGINIA DEPARTMENT OF TRANSPORTATION

AND

THE BOARD OF SUPERVISORS

OF

FAUQUIER COUNTY, VIRGINIA

FOR THE REMOVAL OF ILLEGAL SIGNS

WITHIN THE LIMITS OF THE HIGHWAY

 

THIS AGREEMENT is entered into ____________, 2005, by the Virginia Department of Transportation (VDOT) and the Board of Supervisors of Fauquier County, Virginia (Board).

 

WITNESSETH:

 

WHEREAS, pursuant to Title 33.1, Chapter 7, Article 1 of the Code of Virginia, 1950, as amended, VDOT enforces a prohibition on the placement of signs and advertisements within the limits of highways in the Commonwealth; and

 

WHEREAS, the Board, as the governing body of Fauquier County, has an interest in protecting the public health, safety, and welfare, and in protecting the appearance of the County in general; and

 

WHEREAS, the Board has found that the proliferation of advertisements and other signs in the right-of-way of highways in Fauquier County threatens the public safety and the welfare of the County, and has a negative effect on the appearance of highways, and violates County Ordinances; and

 

WHEREAS, the Board desires to exercise its authority under §15.2-1200 of the Code of Virginia, 1950, as amended, to regulate the placement of advertisements and signs in the right-of-way of highways in the County, in a manner consistent with existing provisions of the Code of Virginia and regulations promulgated by the Commonwealth Transportation Commissioner, as provided in §33.1-374; and

 

WHEREAS, the Board desires additional authority, as an agent of the Commonwealth Transportation Commissioner, for the removal of signs and advertisements from the highways in Fauquier County; and

 

WHEREAS, the Commonwealth Transportation Commissioner desires the Board’s assistance in removing signs and advertisements from the highways in Fauquier County, and wishes to designate the Board of Supervisors and its designees as agents of the Commonwealth Transportation Commissioner for the removal, obliteration, and abatement of signs and advertisements within the limits of highways in Fauquier County.

 

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

 

  1. This Agreement is entered into pursuant to Va. Code Section 33.1-375.1(D) by the authorized representatives of the parties following approval by the Board in a public meeting held on July 14, 2005.

 

  1. VDOT designates the Board, and its designees, as its agents for the purposes of removing any signs or advertisements located within the rights-of-way which violate the provisions of §33.1-373, Code of Virginia.

 

  1. VDOT designates the Board, and its designees, as its agents for the purposes of prosecuting violations of §33.1-373, Code of Virginia, seeking any remedy authorized by that section, and recovering any civil penalties, fines, costs of abatement, court costs, attorney fees, and any other fines, penalties, or costs that may be awarded by a court under that section.  The County shall also be entitled to full reimbursement from the violator, of its costs of sign removal and enforcement. Any civil penalties collected shall be remitted by the Board on a quarterly basis to the Commonwealth Transportation Commissioner and paid into the Highway Maintenance and Operating Fund. This section does not limit in any way the County’s authority to seek to remedy in its own right and on its own behalf violations of the County Zoning Ordinances.

 

  1. This Agreement shall remain in full force and effect unless sooner terminated upon 30-days’ written notice by either party to the other party.

 

  1. This Agreement may be amended at any time by the written agreement of the parties.

 

WITNESS the following signatures and seals:

 

VIRGINIA DEPARTMENT OF TRANSPORTATION

 

 

 

 

By: ________________________________                          Date:  _______________

Philip A. Shucet, Commissioner

 

 

FAUQUIER COUNTY, VIRGINIA

 

 

 

By:  _______________________________                           Date:  _____________

Paul S. McCulla, County Administrator