HomeMy Public PortalAbout1939_01_26SPEC 193
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submit to the said John Grimes another written offer to pay him the .
sum. of $20.00 for an easement of the right to construct , maintain
and repair a sewer line through his lot from Loudoun Street. north-
ward to a lot owned by him, Rhoda Ridgeway , and Eva Crouch; and to
submit to the said John Grimes and Rhoda Ridgeway and Eva. Crouch a
written offer to pay them the sum of $10.00 for an easement or the
right to construct , maintain and repair a sewer line from the lot of
land owned by the said John Grimes onnthe South side of Fayette
Street..
Each of said offers shall 3ontain a stipulation requiring
the town of Leesburg to pay' the owner or owners of either of said
properties reasonable damage for any injury the town may do to any
of said properties while inspecting , maintaining or repairing same
after completion of the installation of the sewer project.
The said Stilson H . Hall is hereby instructed and
requested to report back to the council of the said town in regard
to reports or communications received by him from the aforesaid
offers , on Thursday , January 26 , 1939 , at. seven thirty o ' clock P.M. ,
at which 'time there will be a special meeting of the council to
receive the said report. .
There being no further business , on motion duly made ,
seconded' and carried , the Council adjourned. ��// �//J
APPROVED : -, /o/m--
X ���Ah se "-/ ' ' RECORDER
MAYO'.
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JANUARY 26 , 1939 SPECIAL
' . At a special. meeting_ of the Mayor and Town Council of the
Town of Leesburg , in Virginia held in the Council 'Chamber on Thursday ,
January. 26 , 1939 at 7 :30 Pt M. there were present ; LucasxD. Phillips , •
Mayor ; Louis T. Titus , Recorder ; and Roy M. Flippo , John T. Hourihane ,
L. C. Rollins , J. D. Taylor and Joseph H. Turley , Councilmen.
• The Mayor stated that the purpose of the meeting was to
receive the report of the Town Attorney in regard t6 the offers
he we's authorized to make in connection with the securing 'of
easements for the sewer linesmthrough the properties of Edwin F.
Garrett , John Grimes , Eva Crouch and Rhoda Ridgeway, and also to
consider such other matters as may properly' brought .before- the
Council.
The written report of the Town Attorney was read and Said
report stated that there had been no replies to the written offers
for the purchase of easements from Edwin E. Garrett , John Grimes ,
Eva Crouch or Rhoda Ridgeway , for a sewer line to be constructed
through their properties. The said report also stated that Payne
Diggs , thro•ugh. his attorney , Mr. Kenneth Cromer , has demanded
IIpayment in the amount 'of not less than $80,00 for the easement
through the property from Market Street to the Edds property
between Liberty and Ayre Streets.
On motion of- Councilman Flippo, seconded by Councilman
Turley and unanimously. carried the following Resolution was .adopted
by the following recorded vote"; FOR Roy M. Flippo, John T. Hourihane;
L. C. Rollins , J. D. Taylor and Joseph H. Turley . AGAINST : • NONE.
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WHEREAS, by a Resolution adopted by the Council of the. . -
Town of Leesburg , at its regular meeting , Monday, January 23,
1939 , Stilson H. Hall , Town Attorney , was authorized ,
instructed and directed to submit to Edwin E. Garrett an offer
of $40.00 for. an easement or the right and permission for the
Town of Leesburg to construct , maintain and repair a sewer'
line across the lot of the said Edwin E. Garrett from Market
Street to Cornwall Street Between Liberty and Ayre Streets ; to
submit to John Grimes an offer to pay him the sum of '$$20.00 '
for an easement of the right to construct , maintain and repair
a sewer line through his lot or parcel of land between Church
Street and east of the property owned by Matthew E. Ball on
the east side of King Street and south of South Street; and
to submit to the said John Grimes another written offer to pay
him the sum....of $20 .00 to construct ; maintain and repair a
sewer line thrthugh his lot from Market Street northward to a
lot owned by him Rhoda Ridgeway and Eva Crouch, and to submit
to the said John Grimes , Rhoda Ridgeway , and Eva Crouch a
written offer to pay them the sum of $10.00 for an easement
or right to construct , maintain and repair a sewer line from,
the lot or parcel of land owned by the sand John Grimes on
the south side of Fayette Street ; and •
WHEREAS, the sr.id Stilson H: Hall , Town Attorney , has this
day peported to the Council in writing that he has submitted
the aforesaid offers in compliance with the terms of the said
resolution and that neither party to whom an offer has been
submittes has replied for the purpose of accepting or reject-
ing same ; and
WHEREAS , the Council deems it necessary and expedient to
have condemnation proceedings instituted for the purpose of
acquiring the aforesaid easements to enable the town to
• complete the constru ;tion of a sewer project which has already
been started :
NOW, THEREFORE , BE IT RESOLVED by the Council of the Town
of Leesburg . in Virginia , that the said Stilson H. Hall ,
Town Attorney , be and he is hereby authorizedm instructed and
• directed to institute the necessary and proper condemnation
• proceedings in the Circuit Court of Loudoun County , Virginia ,
and prosecute same for the purpose of enabling the Town of
Leesburg , in Virginia , to acquire the aforesaid Easements or •
rights over the aforesaid properties owned by Edwin H. Garrett ,
John Grimes , Rhoda Ridgeway and Eva Crouch in accordance with
the provisions of Chapter 176 of the 1936 Code of Virginia, ,.
and all -other provisions of law applicable to the institution
and prosecution of condemnation proceedings for the purpose
of enabling the town to acquire the aforesaid easements 'or
rights.
BE IT FURTHER RESOLVED , by the said Council of the Town
of Leesburg , in Virginia , that Roscoe B. Rhoads , Auditor-
Treasurer , be and he is hereby authorized , instructed and
directed to draw all necessary checks against the "Construction
Fund" to pay all costs incidental to the institution and
prosecution of said suits for the acquisition of said rights
or easements by the said Town of Leesburg , in Virginia. . "
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BE IT FURTHER RESOLVED by the said Council of the Town ' -
of Leesburg , in Virginia , that Louis T . Titus , Recorder , be and
he is hereby authorized , instructed and directed to present
the Peoples National Bank. of Leesburg , Virginia , with a
cartified copy of this Resolution.
On motion Of Councilman Flippo , seconded. by Councilman
Turley and unanimous]Ay carried by the following Recorded vote : FOR
Roy W. Flippo , John r. Hourihane , L. C. Rollins , J. D. Taylor and
Joseph H. Turley ; AGAINST : NONE , the following Resolution was
adopted ;
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,i ., • WHEREAS , Stilson H. Hall , Town Attorney , has this day
reported to the Council in writing that Payne Diggs has
refused to -sign an agreement granting the Town an easement
over his lot on the south side of Market Street between Liberty
. and Ayer Streets for less than eighty dollars ($80.00) ; and
WHEREAS , the Council is of the opinion that the price
asked by - the said Payne Diggs is in excess of the damage same
IIwould be to the property of the said Payne Diggs;
NOW, THEREFORE, BE IT RESOLVED,. bythe Council of the
Town of Leesburg , in Virginia , that the said Stilson H. Hall ,
Town Attorney , be and he is hereby -authorized , instructed and
• directed to submit to the said Payne Diggs a written offer of
$30.00 for an easement of the right and permission for the
• Town of Leesburg to construct , maintain and repair a sewer
line across the lot of the said Payne Diggs , south of Market
Street to a lot owned by Edda between Liberty and Ayer Streets
in the'Towd of Leesburg , Virginia , and report to the Mayor
and Members of the Council of the said Town by .-Twelve •
0" C1ock Loon ( 12 :00N) , Saturday , January 28 , 1939 , whether
said offer has been accepted or rejected.
On motion of Councilman Turley , seconded by Councilman
Flippo and unanimously carried . the following Resolution was adopted ;
WHEREAS , the Town of Leesburg , in Virginia , has recently
acquired a right of way for a road from a point in the Town
South of the Washington & Old Dominion Railway to a point in
'a field owned by J . E. Caviness , et als ; and ,
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WHEREAS , it will be necessary for the Town to construct
a gate for the purpose of ingress and egress to and from the
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disposal plant which is to he constructed in said ftheld on
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land belonging to the said Caviness.
NOW, THEREFORE , BE IT RESOLVED, by the Council of the Town
of Leesburg , in Virginia , that Eoscoe B. Rhoads , Auditor-Treasurer
be and he is hereby authorized to purchase a gate and other
necessary materials and have said gate installed at the.
entrance to the said Caviness land.
There being no further business , on motion duly made ,
seconded and carried , the Council adjourned. .�//�
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APPROVED : .:4J. - ..
/ / RECORDER .
MAYSR
FEBRUARY 4 , 1939 SPECIAL •
At a special meeting of the Mayor and Town Council of the
Town of Leesburg , in Virginia held in the Council Chamber on Saturday
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. February 4 , 1939 at 2 :30 P. M. there were present ; Lucas D. Phillips ,
Mgyor ; Louis T. Titus , Recorder ; and R.oy M. Flippo , John T. Hourihane ,
' L. C. Rollins , J . D. Taylor and J. H.' Turley , Councilmen.
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The Mayor stated that the purpose of the meeting was to
receive a report"of the Town Attorney in regardto an easement
through the property of Matthew E. Ball on the East side of South King
Street.
The report was read and stated that, the Town Attorney had
not been able to secure an easement from Mr. M. E. Ball for the purpose
of constructing a sewer line through the property of the said M.F.Ball .
On motion of Councilman Hourihane , seconded by Councilman,
Flippo and unanimously carried the following Resolution was adopted ;