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Home My Public Portal About1954_01_22SPEC X06. Town to include his property located between Loudoun, Fac- ette and Church Streets, Leesburg, Virginia, in the "Business District" and remove the same from Residence District 11 ; and. WHEREAS, pursuant to the laws of the State of Virginia, it is provided that the Council is 'authorized to submit proposals, _amendments or supplements to any zoning regulations to the Board of Zoning. Appeals .for its report and recommendations after public hearing in reaation therto in manner and method provided by law; and, WHERAS, the Council belives that the requested change and amendment should be submitted to the Board of Zoning Appeals for its report and recomendation. NOW, THEREFORE,.•BE IT ORDAINED by the Council of the Town of Leesburg, in Virginia: (1) That the said Council hereby refers to the Board of Zoning Appeals for report and recomendetion, the said request of John T. Grimes to change the present designation of his said _ property from that of "Residence District"1l to that of a "Busi- ness District", after a public hearing in relation therto to be held by the said Board in pursuance to law. • (2) That the Recorder of this Town shall forthwith deliver •a certified copy of this ordinance to the Board of Zoning Appeals. The Street Committe 'submitted a report and made certain re- commendations regarding sign set back and etc. Upon motion of Maurice R. Lowenbach; Jr; seconded by Emmer- .- son H. James, and unaminously carried the following resolution was adopted: BE IT RESOLVED, • by the Council of the `Town of Leet urg in Virginia, that the Auditor-Treasurer be andhe is hereby author- ized and directed totrade in the police car according to the terms of the bid of _Brook' Chevrolet Inc ;. and the said bid of the Brock Chevrolet " Inc ; be and it. is hereby accepted. Upon motion of Morton Riddle 3rd; seconded by Frank Raflo, and unaminously. carried , the following resolution was adopted: That the Auditor-Treasurer be an he is hereby authorized and directed to• apply •for'membership for the Town Police Depart- ment°<W :thitthe 'Virginia Association of Cheifs of Police. There being no ' further business and upon'motion duly made seconded and carried Counbil adjourned. Mayor. Recorder. SPECIAL January 22, 1954. At a Special meeting of the Mayor and Council of the Town . -of Leesburg, in Virginia, held in the Council Chamber Friday Jan- uary 22, 1954, at 7 :30 o'clock P. M; 4here were present William W. Nickels, Mayor, Horace M. Hallett, Recorder, Reginald K. Ghen Emmerson H; James, FrankRaflo, and Morton .Riddle 3d; Councilmen. Upon motion of Morton Riddle 3rd; seconded by Frank Raflo, and unaminously carried the following resolution -was -adopted: BE IT RESOLVED, by the Council of the Town of Leesburg in Virginia, that the Council enter into a contract for the removal Mid trash and garbage, with in the Town Limits if• it be deemed proper -and economical. Upon motion of Frank Raflo, seconded by Howard B. Gill, and carried by a vote of ( •4 to 1 ) Raflo, Gill, Gheen and Riddle, " for James against, the folowing resolution was adopted : BE IT RESOLVED,. by the Council of the Town of Leesburg, in Virginia, that the Town enter into a contract with Jessie Ran- • .._. . � _ _ i07 • , dolph, he being the lowest bidder for the collection of trash and garbage at the rate and figure of 06, 500.00 per year. and a copy of the said contract be attached to these minutes. . . ,;(4.414:0-1464---". / • , ../.77‘e--a-'71(1-'7F‘eZ Mayor. Recorder. • • •� - - . . . -I pi:. . • • • ,, _ . . • _ t THIS AGREEMENT made this 27th day of January, 1954, be- tween the TOWN OF LEESBURG, IN VIRGINIA, a municipal corporation, hereinafter designated as "Town, " and JESSE RANDOLPH, hereinafter designated as "Randolph. " - W I T'NE S SETH . That 'for and in consideration of the mutual covenants • and agreements herein contained, and iii -the further consideration of the - sum of Five Dollars by each of the parties in hand paid to the other; the receipt of-,which is hereby severally acknowl- edged, thexTowfi agree's to pay Randolph for Certain services which he agrees to 'perferm, and Randolph agrees to pay the Town for use of its land fill' and bulldozer," "which uses the Town permits, the terms andcconditiona of the agreements between the parties being ' as hereinafter- set out. ' - • - v Description of Sereices: That-till-6 each Week'Randolph shall collect all "garbage,' trash, refuaea:nd rubbish that may be placed in receptacles or containers along end-on the pavements and sidewalks and 'attlie' aides of streets; roadways and alleys of the Town, and shall haul or transport the. same to the "land fill" now used 'by the Town or to a new location to be designated by the Town. _ Equipment to be Used and Supplied: That Randolph-Shall Use a' "Pak-Mdr" type body 'truck for hauling and transporting such materials. That Randolph shall Supply motive power and labor for transporting. and hauling the materials at his own cost and 'ea- pense. Locations for Depositing Materials : That the Town shall from time to. tithe designate the exact locations at the "land fill" where the materials shall be unloaded or deposited. Times of, Collection: That Randolph shall collect 'and haul theFgartiage, trash, refuse and rubbish on:Tuesdays -and Fridays of each and .every' week; and' be shall begin said Work not . earlier than 4..00 o'clock A.M. , Eastern •Standard -Time, every Tuesday and Friday. That Randolph shall be diligent in moving and •hauling` the materials from the pave/lent s"•and sidewalks and at the sides of streets,. roadways and alleys so that the same shall be, clear of the' materials as early in the day as may be • practicable.. ' Definition of•Materiale: That' the Towir shall have the .right: ,to determine what shall b'e 'elassified'as garbage, trash, refuse and rubbish.' • ° 4- Containers-for Materials': .That' the Town shell have the , right to designate the kind, type,_ ,size and' capacity of the . • containers •or receptacles •from which Randolph shall make col- ' • lections of garbage;trash; refuse •and' rubbiah:.' Randolph shall use reasonable care• in•handling containers`or receptacles so as • not- to oause•unnecessary., damage to such properties. . { • Period of Agreement: This agreements-Shalk extend for a period of- two years,. beginningFebruary 1, 1954,- and ending January 17 1956. % ` Payments:T The Tciwif shall. pay'"Reridolph the 'sum of $514.66 per month during the period of this agreement for his 'services, . and said_paymerit`a-shall ;be made on- the- last ,day of each calendar month, beginning' February28, 1954• r. •` Right to Subleti ' ' Randolph shall not sublet the services to be performed by' him• under this• agreement;arid shall not sell — or alienate this agreement or any portion of the same without the 'Written consent of the Town: • - - 2 - Right to Use Land Fill: Randolph shall have the right to deliver to the Town's"land fill" trash and garbage that may be collected by him elsewhere in Loudoun County, Virginia, the - places for depositing same to be designated by the Town. For this right Randolph shall pay the Town at the rate of 08.00 per hour for the time the Townie-bulldozer is used for covering or disposing of the materials, the -time of use to be determined by the Town, and Randolph lshail make payments to the Town for the use of the bulldozer at the end of each calendar month. The rights granted in this paragraph shall begin February 1, 1954, and end January 31, 1956. The Town shall have the right to determine the kind- of materials collected outside the Town that may be deposited at the Townes "land- fill: " Indemnification Against Loss: Randolph agrees that tile c•:. thisagreement or any part of the same is in. force and effect,. - he will carry property damage and public liability insurance for the protection of himself and the Town from claims, suits and actions against him and the.,Town, either or both, arising out of , and by virtue of the terms, provisions and conditions of this agreement. , .r Termination ,ofAgreement: In -the. -event Randolph is guilty, of the breach of any of the .provisions of this agreement, the Town may, after thirty days' notice in writing to Randolph,, declare this agreement terminated and ended, and in such event Randolph shall be liable to the Town for any damage or loss it shall sustain by reason of<.the breach. In the event the Town is guilty of the breach of a any of • the provisions of this agreement, Randolph may, after thirty days' I.otice in writing to the Town, declare this agreement terminated - 3 - and. ended,and in such event the Town shall be liable to Randolph for any damage or loss he shall sustain by reason of the breach. The,. . aiver.of.. the lireach.of any Of the'provisions of this agreement shall not constitute a waiver of any subsequent • breach. - .• . . . . a • Signed in duplicate, one copy being-held by the 'Town and • the other copy by •Randolph. • IN 'WITNESS WHEREOF the said Jesse Randolph' has affixed his signature and seal to the foregoing agreement, and the said Town of Leesburg, in Virginia, a municipal _corporation, has caused the foregoingLagreement to be signed and acknowledged in its corporate naneby William W. Nickels, its mayor, ' and its corporate seal to be hereunto' affixed and attested by Horace M.` Hallett, its Recorder, said officers thereunto being duly au- V thorized, • all: as of ,the, day, month and year' first hereinabove written.- • • Jesse Randolph TOWN OF LRFwSBURG, IN VIRGINIA, • A MUNICIPAL CORPORATION. MAYOR ( (SEAL) ) affixed and Attested: • Recorder • • • 74 - STATE OF VIRGINIA) COUNTYOF LOUDOUN ) to-wit: I, , a Notary Public of and for the County of Loudoun, in the State of Virginia, do certify that Jesse Randolph, whose name is signed .to the foregoing agree- ment bearing date on the 27th day of January, 1954, has this day acknowledged the same before me in my County and State aforesaid. Given under my hand this day of January, 1954, Notary Public my commission expires: • STATE OF VIRGINIA) ° COUNTY OF LOUDOUN) to-wit I, ,. a Notary Public of and for the County of Loudoun, in the State of Virginia, do certify that William W. Nickels and Horace M. Hallett, whose names as Mayor and Recorder, respectively, of the Town of Leesburg, in Virginia, a municipal corporation, are signed to the foregoing agreement bearing date on the 27th day of Jannnry, 1951}, have each this day acknowledged the same before me in my County and State aforesaid. . • Given under my hand this day of January, 1954.. Notary Public My commission expires: - 5 -