AN AGREEMENT BETWEEN THE COMMONWEALTH
TRANSPORTATION COMMISSIONER AND THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA PROVIDING FOR THE COUNTY TO
ACT AS COMMISSIONER’S AGENT FOR THE REMOVAL OF ILLEGAL ADVERTISEMENT WITHIN THE LIMITS OF HIGHWAY
RIGHTS-OF-WAY

 

 

THIS AGREEMENT is made this ____ day of _______________, 200___ between the Commonwealth Transportation Commissioner (“Commissioner”) and the Board of Supervisors of the County of Albemarle (“Board”).

 

WITNESSETH:

 

WHEREAS, pursuant to Title 33.1, Chapter 7, Article 1 of the Code of Virginia, 1950 as amended, the Virginia Department of Transportation (VDOT), among other things,  enforces a prohibition on the placement of  advertisements within the limits of highway rights-of-way in the Commonwealth; and

 

WHEREAS, the Albemarle County Board of Supervisors, as the owner in fee simple of various public rights-of-way within Albemarle County (“County”), has an interest in protecting the public health, safety and welfare and in protecting the appearance of the County in general and the public rights-of-way in particular; and

 

WHEREAS, the Board has found and determined that the proliferation of unauthorized advertisements in the rights-of-way of highways in the County is becoming more prevalent and such advertisements  can create public safety hazards and can have a negative effect on the appearance of public highways; and

 

WHEREAS, the Board desires to exercise its authority under Section 15.2-1200 of the Code of Virginia, 1950, as amended, to regulate the placement of advertisements in the right-of-way of highways in the County, in a manner consistent with existing provisions of Title 33.1, Chapter 7, Article 1 of the Code of Virginia, as provided in Section 33.1-374 of the Code; and

 

WHEREAS, the Board desires additional authority, as an agent of the Commissioner, for the removal of advertisements from the highways in the County: and

 

WHEREAS, the Commissioner desires the Board’s assistance in removing advertisements from the highways in the County, and wishes to designate the Board and its designees as agents of the Commissioner for the removal, obliteration and abatement of advertisements placed illegally within the limits of highway rights-of-way; and

 

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

 

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

 

2.         The Commissioner designates the Board, and its designees, as his agent for the purposes of removing any advertisements located within the rights-of-way of highways in the County when such advertisements are found to be in violation of the provisions of Section 33.1-373 of the Code of Virginia, 1950, as amended.

 

3.         The Commissioner designates the Board, and its designees, as his agent for the purpose of prosecuting violations of Section 33.1-373 of the Code of Virginia, 1950, as amended, 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 be entitled to full reimbursement from the violator of its costs of advertisement removal and enforcement. Any civil penalties collected shall be remitted by the Board on a quarterly basis to the Commissioner and paid into the Highway Maintenance and Operating Fund.

 

4.         This Agreement shall remain in full force and effect unless sooner terminated upon thirty (30) days written notice by either party to the other party.

 

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

 

WITNESS the following signatures and seals:

 

COMMONWEALTH TRANSPORTATION COMMISSIONER

  

By__________________________________________

Commissioner

 

COUNTY OF ALBEMARLE, VIRGINIA

 

By_________________________________________

County Executive

 

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