The Shadow
IRON GATE – Iron Gate Town Council approved a resolution Tuesday night directing the acquisition of lots 6 and 7, block 224 of Wesgate for public use by condemnation or other means to build a new 250,000 gallon water tank.
The resolution was approved after a public hearing on the condemnation resolution. No one spoke at the hearing.
James Martin, of Fincastle, filed suit earlier this year contending that a portion of the property for the proposed water tank belongs to him. Mayor Alan Williams said that results of a survey, title search, and GPS coordinates of the property, clearly indicate that the property belongs to Iron Gate.
He said that there is a risk of the town losing a $700,000 grant for construction of the water tank if the project is delayed.
Williams said that the town has until February 15 to start construction on the water tank and has awarded a contract to E. C. Pace Company of Waynesboro for construction of the new tank for a bid of $650,456. He said if everything comes together, construction will begin February 1.
The resolution for condemnation of the property will begin if the alleged owner of the property refuses to accept a fair market value that the town will get from an independent appraiser. Then the court will appoint a group to decide what the fair market value will be.
Williams said that after meeting with town attorney Tom Simons in closed session, council chose to pursue eminent domain to settle the property dispute. Iron Gate believes they own the property which was a gift from Olen and Katherine Bryant. Simons reported at the last council meeting that Martin had asked Judge Malfourd W. Trumbo Jr. to include the Bryants in the law suit as they owned additional lots in addition to lots 6 and 7 that they had deeded to the town. Simons also was granted permission from the judge for the town to file a counter claim against Martin because his suit against the town could put the $700,000 grant in jeopardy if the law suit delays the project.
Williams said this morning council went into closed session Tuesday after the regular meeting to find out if there is another way the town can settle the land dispute because none of the council members or town residents want to go the condemnation route.
He said council could not find another way to acquire the land.
The resolution, in part, reads that the drinking water needs of the residents have been provided by an existing 100,000 gallon tank since 1937 and the water tank is in a deteriorated condition that places the town’s water reserve at risk. The town is attempting to obtain funding to construct a replacement tank of 250,000 gallons tank and the best location for the new tank is lots 6 and 7 of block 224 and these lots are currently in dispute over who owns them. Now, therefore, be it resolved, that the town council for the Town of Iron Gate directs that Lots 6 and 7, block 224 be acquired out of public necessity by condemnation or other means.
Williams said the town hoped to build a larger tank than 250,000 gallons but funds would not allow it and the new tank will be built in a manner that it can be added on to if more water is needed.
Williams said the new tank will also benefit Clifton Forge by as much as $20,000 or $30,000 dollars more in revenue when new homes are built. No new homes can be built now because of the lack of a water supply, but the new tank will provide 2 1/2 times more water supply than the old tank of 100,000 gallons. Also, there are plans to install fire hydrants in the Wesgate area for better fire protection. At the present time there are 66 homes and sites in Wesgate, 70 on the Botetourt side of Iron Gate Hill and 28 homes in the lower eastern part of Iron Gate but in Botetourt County.
In other action Tuesday, council appointed five members to the Zoning Appeals Board, Ann Erskine, Gary Showalter, Robert Balser, Dorothy Johnson, and Dorothy Unroe.
In the Chief of Police monthly report, Chief Brad Hodge reported that the town of Iron Gate calendar project was a success yielding more than any other year and the town will secure the 25 percent match funding for the United States Department of Agriculture Rural Development grant. The total project and grant will allow for $9,250 of funding for a much needed upgrade of police equipment and police renovations. Hodge said that 54 businesses supported the calendar project. The new calendar has a “Help keep the Alleghany Highlands clean. Please do not Litter” message and it features photographs of the town of Iron Gate’s Cowpasture River Recreation area.
