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1998 SESSION

987616432
HOUSE BILL NO. 410
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 12, 1998)
(Patron Prior to Substitute--Delegate Robinson)
A BILL for the relief of Melvin Holloman, Leonard L. Harris, Doris Griffin, Neil Foreman and Isolena Crocker.

Whereas, in 1993, the Virginia Department of Transportation (VDOT) commenced a construction project to widen and improve the roadway on Virginia Beach Boulevard in the City of Norfolk;

Whereas, as a part of this improvement project, a new bridge was constructed to replace the bridge where Virginia Beach Boulevard crosses Broad Creek;

Whereas, the location of the bridge construction was in a residential area with several homes within 500 feet of the construction site;

Whereas, the bridge construction resulted in consistent heavy construction vehicle traffic and required several pilings to be driven, both of which caused heavy vibrations to be felt in the immediate vicinity of the site;

Whereas, the heavy vibrations from the bridge construction caused damage in the amount of $13,149.50 the home of Melvin Holloman located at 984 Anna Street, which was approximately 150 feet from the site;

Whereas, the heavy vibrations from the bridge construction caused damage in the amount of $28,805.50 to the home of Leonard L. Harris located at 4565 East Virginia Beach Boulevard, which was approximately 150 feet from the site;

Whereas, the heavy vibrations from the bridge construction caused damage in the amount of $14,889 to the home of Doris Griffin located at 4557 East Virginia Beach Boulevard, which was approximately 200 feet from the site;

Whereas, the heavy vibrations from the bridge construction caused damage in the amount of approximately $10,000 to the home of Isolena Crocker, also located in the vicinity of the construction site;

Whereas, the heavy vibrations from the bridge construction caused damage in the amount of approximately $9,365 to the home of Neil Foreman located at 4569 East Virginia Beach Boulevard, which located approximately 300 feet from the site;

Whereas, Melvin Holloman, Leonard L. Harris, Doris Griffin, Neil Foreman and Isolena Crocker have no other means to obtain relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby allocated from the Commonwealth Transportation Fund appropriation to the Department of Transportation the sum of $13,149.50 for the relief of Melvin Holloman; $28,805.50 for the relief of Leonard L. Harris; $14,889 for the relief of Doris Griffin; $10,000 for the relief of Isolena Crocker; and $9,365 for the relief of Neil Foreman for a total of $76,209. These amounts shall be paid by checks issued by the State Treasurer on warrant of the Comptroller to Melvin Holloman, Doris Griffin, Isolena Crocker, Neil Foreman and Leonard Harris, upon execution by them of a release of all claims they may have against the Commonwealth or any agency, instrumentality, officer, employee or political subdivision thereof, in connection with the aforesaid occurrence. In addition, these amounts shall be paid on the condition that Melvin Holloman, Doris Griffin, Isolena Crocker, Neil Foreman and Leonard Harris (i) assign to the Commonwealth any rights they may have to pursue a civil claim for damages from the contractor responsible for the construction and (ii) agree to fully cooperate and assist in the investigation and prosecution of any civil action initiated by the Commonwealth related to the recovery from the contractor for the damaged homes.