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HomeMy Public PortalAbout1938_06_27 • 1. 4 (1 June 27 , 19,38 - At_a regular meeting of-the Mayor and Town Council of the town of Leesburg, in Virginia , held in the Donnell Chamber on Monday; Juan' 29 , 1938 at 8 :00 P. M. there were present; Lucas D. Phillips , Mayor ; Louis T. Titus , Recorder and Roy M. Flippo , John T . Hourihane , Lawrence H. Hutchison, L. C, Rollins-, J. D. Taylor and Joseph H. Turley, , Councilmen. • The minutes of the last meeting were read and approved . Mrs. India R. Titus appeared before the Council to request that the Council to have a- curb• placed along Uhdon street. adjoining her property. . On motion of Councilman Hutchison seoonded- by-Councilman Flippo and unanimously carried the following Resolution was passed ; BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia that the Auditor-Treasurer be and he is hereby authorized and instructed to have an engineer establish a curb line on the North side of Union street between King and Wirt streets. . 0n motion of Councilman Turley seconded by Councilman Hutchison and unanimously carried` the following Resolution was passed ; BE IT. RESOLVED, by the Council of the- Town of Leesburg , • in Virginia , that the Auditing Department of the Commonwealth - of Virginia , be and it Is hereby authorized and requested to send one of its qualified representatives as soon as it is convenient to do so after July 1st, 1938 , to the Town of ' Leesburgto audit the records of- the Town from- September , 1, 1937 ,- toJuly 1 , 1938 , for which services the Town will pay the- said Auditing Department the usual compensation for such work as may be performed by said representative from the Auditing Department, togetherwith the- usual -incidental - expensed charges by the said Auditing Department. _ _ . BE IT FURTHER RESOLVED? BY THE SAID Council df the town of ., •Leesburg, in Virginia , that the Mayor be and he is hereby - - authorized, instructed anl directed to send a -certified copy of this resolution to the Auditing Department of the - Commonwealth of Virginia , on or before -the 29th day of June 1938. On motion of Councilman Turley .seconded •by Councilman Taylor and unanimously carried ,the following Ordinance- was- adopted ; • BE IT ORDAINED , by the Council of the Town of Leesburg , in Virginia , that whenever it shall ,come to the knowledge of - • the Auditor-Treasurer that there exists upon any land or premises , including that out to the . street curb line , in the Town, any grass , weeds , brush,• or other. vegetable matter . which, in his opinion, 3s detrimental to the health,. comfort _ or general welfare of the inhabitants of .the :Town, it shall be the duty of the said Auditor-Treasurer to. cause a notice to be -served on the occupant thereof, or upon the owner if • unoccupied, to cause such, grass, weeds , brush, or other vegetable matter to be cut and removed from such land or premises within a specified number of days. If such land or premises be unoccupied the said notice shall be served on the owner thereof, •if he be a resident .of theliTown or- of Loudoun County, , and if not, upon the owner 's agent in charge- thereof, or upon the owner by publication -of a notice for-not less than five days in a newspaper published in this Town. If the owner be -a non-resident of the Town and hie Post Office address be - known tO •the Auditor-Treasurer , it shall be the duty of the said Auditor-Treasurer- to notify such -owner -by mail addressed to him at such last known Post Office. Any such occupant or owner who shall fail to cause such . grass , weeds , brush, or other vegetable matter to be cut and removed from such land or premises within the time specified 144 in said notice , shall , upon conviction thereof, be fined - - ' . • not ined -• - not exceeding $10.00 and each day that such grass , weeds , brush, or other vegetable matter shall be permitted to remain upon. said land or premises after the expiration• of the time • ' specified in said- notice shall be deemed to constitute" a. 4 separate offense under this Ordinance.' - - If such grass, weeds , brush, or other vegetable matter shall remain on such lands or premises after the expiration ' of the time specified in -the sadd• notice , the Auditor-Treasurer may cause- the same to be cut and removed therefrom at the expense of the occupant or of the owner of 'suchhland or premises as the case may be ," and the expense of such publication, and any expense incurred by reason of the - failure of the owne r or occupant to cause such removal shall be collected as taxes against, real estate are collected and shall • become a lien against the real estate or by proper legal procedure instituted by the Town Attorney, when furnished . • with a statement of the facts -and expenses incurred.' �— �— " BE IT" FURTHER ORDAINED, by the said Council of the Town of Leesburg; in Virginia ; that this Ordinance shall become effective 10 days--after its publication in a newspap"er- published in the Town of Leesburg, Virginia, and the Auditor • - Treasurer is hereby authorized , instrucged and directed to • have this -Ordinance published by one insertion in a news= • paper published in the said Town. On motion of Councilman Turley., seconded by Councilman Hourihane and' unanimously carried the following -Resolution- teas passed ; WHEREAS, on the 24th day of January, 1938 , the Council of the Town of Leesburg , in Virginia,- passed a Resolution reciting the need of a public parking lot for the said• town and authorized Roscoe B. Rhoads , AuditorlTreasurer -for the Town of' Leesburg, to enter into an agreement with the personal representative or the heirs of the Estate of- Henry •,7. Fadley , deceased, and the proper officials of the St. James Episcopal Church of Leesburg , Virginia, for the purpose of, purchasing two lots in the Town of Leesburg, mentioned and described' in the said Resolution, -for "ahsumunot to exceed $4;000:00; and WHEREAS , the agreements authorized by the said• Eesolution of January 24', 1938 , have not been signed and the personal representative of -the said estate- has since died; and' WHEREAS, the Council is informed that C. Fenton Connor, Attorney of-Leesburg, Virginia , is agent and attorne for the heirs of the said Henry J., Fadley: Estate; -and • - ' WHEREAS; - the Council is further - informed that the se"id " CGS; Fenton Connor , agent`-and Attorney for the said Henry- J'. . Fadley -Estate , has intimated that he -will seli -to the Town for the sum of $1 ,000.00, the interest- OF the 'said--estate 'in and to that certain lot or parcel of land hereby designated as Lot No. 1 and Known as the"Fadley Lot" or "Stable Lot" adjoining another lot belonging to the said estate on - the East , Loudoun Street on the North, the Cooksey and Murray lots on the West •and Royal Street on the South , and the - officials of the St. James Episcopal Church of Leesburg , Virginia ,have also intimated that •they will agree to sell the interest of the said Church in and to the said lot for the sum of $1,000.00, and the said E. Fenton Connor ,- Agent and Attorney as aforesaid , has also intimated that he will agree to sell for $2,000.00 another lot belonging to the said Estate and hereby 'designated as lot No. 2. adjoining said lot No. 1 on the West ; Loudoun Street on the North, the property of William Warren• and the W. R. Galleher Estate on the East and Royal Street on 'the- South; 145: .NOW, THEREFORE, BE IT RESOLVED, by the Council of' the Town .of._Leesburg , in Virginia , that Roscoe B. Rhoads , Auditor- --Treasurer , be and he is hereby authorized , instructed amd directed to enter into agreements with C. Fenton' Connor , Agent •• and Attorney for the heirs of theHenry 3. Fadley Estate , or ,the ;heirs of the said estate , to purchase the interest in the said Estate in and to the aforesaid Lot No'. . 1 for the sum of; $1,000.00 and Lot No. 2 which belongs to the said Estate for the sum of $2 ,000.00, and the proper officials of the St James .Episcopal Church cf Leesburg, Virginia , for the interest of the said. Church in and to the said Lot No. 1 for- the sum of $1 ,000.00 , provided a fee simple title to and possession of - . said two lots can be obtained by. December 15 , 1938; and the 4 - execution of said contracts shall be. subjec t to approval and confirmation by the Circuit Court of Loudoun County,' Virginia; and both of said agreements shall become null and void in the ' evenp..the• said Court refuses to confirm either or for some reason the Town cannot. obtain a clear and unencumbered title to either of said lots ; and the agreement to purchase one of said lots shall be conditioned upon the said Town being able to. purchase _the other said lot for the sum hereinbefore - specified ; and in the event said agreements are- made they shall contain a clause requiring said lots to be conveyed to "The Town•`of Leesburg , in Virginia" , and require the seller• or sellers to- institute such legal proceedings as may -be • necessary for the purpose of having a free and unencumbered title to said lots conveyed to the' said Town; and the• said. Roscoe B. Rhoads , is -authorized to sign the name of the Town to said agreements after they have been approved by Stilson H. Hall,- Town Attorney ; and in the event said agreements are entered into as- aforesaid and a free and unencumbered title thereto is conveyed to the' said Town, the Town will pay the owner or owners of said lots the price agreed upon as herein-_ before stipulated , on or before December- 15, 1938. On motion of Councilman Rollins , seconded by Councilman Flippo, and unanimously carried the following Ordinance was adopted ; 30, BE IT ORDAINED , by the Council of the Town of Leesburg, in Virginia , that it shall be unlawful and constitute a 'Misdemeanor for any person to shoot .or fire a gun or cause v a-gun, •pistol , firecracker , roman-candle or any other • explosive or missile to be shot ; fired.; -or thrown into , or upon any street , side-walk or public place within the .Town; and any person convicted for violation of this Ordinance shall be fined not less than $1.00 nor more than $50.00. BE IT FURTHER 0PDAINED, by the said Council of the Town . of Leesburg, in Virginia , that the Auditor-Treasurer be and he is hereby authorized and instructed, to have the foregoing paragraph published by one insertion in 'a newspaper- publiehed id said Town and to have same printed as posters and distributed throughout said town. • • • . 'Bids for the garbage and slop contracts were read and are as follows ; , Garbage & Garbage • Slope Stops . Fisher & Scott 900.00 $ 1200.00 $400.00 Roy F. Titus 900.00 - J. L. Carr 960.00 • Gilbert Jewell & Bro. 1400.00 ,.3G. F.- Kitts 950:00 1350.00' 400:00 D. H. Cooley 1000.00 Thomas S. Alexander - *.480..00 • -( *) Contracts awarded . 3 • 146 • It was moved By Councilman Turley seconded by• Councilman Rollins and carried that the contract- for the removal of slops be awarded to T. S. Alexander': ' - ' It. was moved by Councilman Rollins , •seconded by Councilman Flippo and carried that the contract for the removal of garbage be awarded to Fisher and Scott. Councilman Flippo introduced a Resolution in regard to a modern and up-to-date sewer syetedhsandadisposal plant , and requested that same be laid on the tabie for further` consideration: • • It was moved by Councilman Hutchison. seconded by Councilman Flippo and unanimously carried' that the- following Resolutionte passed ; BE IT RESOLVED, by the Council of the Town of Leesburg , in Virginia that the iudi'tot=TrbA treb -be and- he- is. hereby authorized to pay- the following bills ;' . Chesapeake & Potomac Telephone Company - - - - $ .45' H. .H. Trundle - - - 1700 Robert Atwell- 28.20 Total - -4 '45.65 There being no further business , on motion duly made , seconded and carried , the Council adjourned:-' ' , :YOR idte4:4 9. . RECORDER J . June 29 , 1938 At a special meeting of the 'Mayor and Town Council of The Town of Leesburg , in Virginia held in ,the Council Chamber. on Wednesday June 29 , 1938 at 8 :00 P. M. there were present, Lucas D. Phillips , •Mayor , Louis T. Titus , Recorder; Roy M. Flippo ; 'John ,T. Hourihane , Lawrence H. Hutchison , L. C. Rollins .& J. D. Taylor , Councilmen. On motion of Councilman Hutchison, seconded by Councilman Hourihane and carried the followinc.Resolution was passed; BE IT RESOLVED, by the Councilof_ the Town ,of_Leesburg , in Virginia , that Thomas S. Alexander be and he is hereby. awarded the contract for the hauling of slop for the Town of Leesburg from July 1 , 1938 to. July. l , 1939 , for the . sum: of • $480.00, payable in 24 equal installments , semi-monthly, during the said 12 months period and the said Alexander shall be required to haul and remove the slops out of the said town and deposit same so that it will not create a ' nuisance or annoyance--to-anyone within or without the said Town and the said slpos shall be removed twice each week ' during the Winter months and three times each week during the summer months on and during regular working hours- from thehouses and places of business within the said town and the officials bf' the said town shall have the right to determine what is to be considered as slop; and Stilson H. .Hall-•, Town Attorney, is hereby authorized and instructed- to prepare a proper contract for the purpose of carrying this Resolution into effect and the said Alexander and the Town of Leesburg shall be made parties thereto and thesame shall be signed by the Mayor for the said Town and it shall also be signed by the said Thomas A. Alexander and shall contain a clause or stipulation requiring the said Alexander to indemnify and save harmless the town from any liability to any person for any injury caused by him in the performance of said contract