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HomeMy Public PortalAbout1939_02_04SPEC • 1�97r 4 ' 1WHEREAS , 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 Edds between Liberty and Ayer Streets in the'Tow0 of Leesburg , Virginia , and report to the Mayor and Members of the Council of the said Town byrTwelve O ' Clock Noon ( 12 :OON) , 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 ; WHFR-EAS , 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 , WHEREAS , it will be necessary for the Town to construct a gate for the purpose of ingress and egress to and from the 1 disposal plant which is to be constructed in said foeld on land belonging to the said Caviness. 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 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. ./ • APPROVED: iii / / -RECORDER . • MAY S R 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 I . February 4 , 1939 at 2 :30 P. M. there were present ; Lucas D. Phillips , I:44yor ; Louis T . Titus , Recorder ; and Roy M. Flippo , John T. Hourihane , L. C. Rollins , J . D. Taylor and J. H.' Turley , Councilmen. • The Mayor stated that the purpose of the meeting was to receive a report'of the Town Attorney in regard to 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.E.Ball . On motion of Councilman Hourihane , seconded by Councilman, Flippo and unanimously carried the following Resolution was adopted ; 198 • • • BE IT RESOLVED , by the Council of the Town of Leesburg , in Virginia that the Auditof-Treasurer be and he is hereby authorized , \instructed and directed to pay the following bills ; : Virginia Public Service Company (Mayor' s Office & Fire House ) $ " 9.98 ( General Pumping} 150.67 (Harrison Pumping) 1'7.6q ( Whiteway Lighting) 89 .50 ( Street Lighting) 118 .36 W. S. Darley &FCo. 14.62 Total $0647 . • On motion of Councilman Hourihane , seconded by, Councilman Turley and unanimously .carried , the following Resolution was adopted ; - WHEREAS, by a Resolution adopted by the Council of the Town of Leesburg , in Virginia , on the 29th day of November 1938 , Stilson H. Hall , Town Attorne;' , was authorized and directed to communicate with the owners of the real. estate through which sewer lines ' will have' to be constructed '0f 'the present sewer project is completed according to the plans and specifications ; and , WHEREAS, the said Stilson H. Hall has this day reported to the Council in writing that he has communicated with Matthew E.- Ball , the owner of a lot or parcel of land over and through which the town proposes to construct and maintain a sewerage pipe line , and that the said Matthew E. Ball has neither agreed' for said sewerage line to be constructed through his said land nor fixed a price he will accept for an easement to construct and matantain said sewerage line through his said land: - NOW, THEREFORE , IT RESOLVED, by the Council of the Town of Leesburg , in virginia , that Stilson H. Hall , Town Attorney , be and he is hereby authorized , instructed amd directed to submit to the said Matthew E. Ball 'an offer of $20.00 for an easement or the right and permission for the Town of Leesburg to construct , maintain and repair a sewer line across the lot owned by the said Matthew E. Ball from the east side of King Street in an easterly direction to the • edge of a tract or parcel of land owned by John T. Crimes. BE IT FURTHER RESOLVED by the said Council of the Town of Leesburg , that the said 'offer shall contain a stipulation requiring the town of Leesburg to pay the owner of said' property reasonable damages for- any injury the town may do to said property 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 any peport or communication received by him from the aforesaid offer , on Monday , February 6 , 1939 , at twelve O ' clock noon, at which time there will be a special meeting of the Council to receive the said report. 11Upon motion of Councilman Hourihhne , seconded- bi Councilman ' Taylor and unanimously carried , the following Resolution was adopted ; WHEREAS , as a result of the construction of a sewerage project in the Town of Leesburg , it became neceggary for the said Town to acquire. _easements through and over certain properties within the Town; and • WHEREAS, it became necessary to compensate Earl Thomas by paying him $50.00 for loss of use of a garden lot by virtue of acquiring permission to construct a roadway over • the land owned by the Washington & Old Dominion Railway to the disposal plant to be erected in connection with the said 199 sewerage system; and • WHEREAS , W. C. Saffer , the Washington Coca-Cola Bottling Works ; Inc. , Silas D.- Phillips , and Flora M. Edds have each agreed to accept $5.00 for an easement to construct and maintain said .pipe lines in connection with said sewerage • system through their respective properties ; and . WHEREAS ; Richard Harris and Annie Harris , his sister , have agreed for the Town to construct a sewerage line over and through a lot or parcel of land owned jointly by them for the sum of 35.00. • • 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 and • • directed to draw checks on the "Construction Fund" in the Peoples National Bank of Leesburg , Leesburg , Virginia, payable as follows : W. C. Saffer $ 5.00 Washington Coca-Cola • Bottling Works , Inc. - - 5.00 Silas D. Phillips 5.00 Flora M. Edds 5.00 • • Richard Harris and Annie 1:- : 71 - Harris : - . - Harris _ 5 .00 • Earl Thomas 5.00 • 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 , Leesburg., Virginia , a certified copy• of this Resolution. Upon motion of Councilman Flippo , seconded by Councilman Turley and unanimously carried the following Resolution was. adopted : WHEREAS , there have been presented to the Council this day agreements between the Town of Leesburg , in Virginia , W. C. Saffer , Washington Coca-Cola Bottling Works , Inc. , S. D. Phillips , Flora M. Edds , Richard Harris And Annie Harris , and John E. Caviness etbals. , whereby the Town of Leesburg has acquired easements over the properties of the said parties as mentioned. and described in the said agreements , and a deed from said John E. Caviness and others conveying a certain parcel of land to said town on which to construct a disposal . ' plant ; and • WHEREAS , it is deemed advisable to have said agreements ' and deed recorded : . 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 and directed to have said agreements and deed recorded in the Clerk ' s Office of Loudoun County, Virginia , and tc draw a check against the "Construction Fund" in the Peoples National Bank ' of Leesburg , Leesburg, Virginia , for the purpose of paying the costs of recording said agreements , deed and such plats that are necessary to have recorded in connection with the said sewerage system. BE IT FURTHER RESOLVED, by the Council of the Town of Leesburg , in Virginia , that .Louis T . Titus , Recorder , be and . he is hereby authorized , instructed and directed to present to the Peoples National Bank of Leebburg , Leesburg , Virginia', a certified copy of this Resolution. • There being no further business , on motion duly made , . seconded and carried , the Council adjourned . ryry APPROVED: £.4. J.� :, . . 4 m i `� RECORDER MAYO'.