HomeMy Public PortalAbout1954_05_20SPEC . 130.
"April 27, 1954
Mr. Frank Raflo
Councilman
Leesburg, Virginia _
Dear Mr. Raflo :
Following our telephone conversation in which you desire
to know my opinion as to whether the Mayor of the Town of
Leesburg has veto power, I would advise as follows :
'Section 123 of the Constitution provides for veto power
of the mayor which may be overridden by two-thirds of all
members elected
to the council. This constitutional a-
TT ia� nCoRiveREialnally enacted, debates of the constitu-
page 1952 applied only to cities. This
fact together with the fact that in Section 15-410 Code of
Virginia carrying this constitutional provision into legis-
lative effect is in the article entitled 'Provision Affect-
omg Cities Only' leads me to the conclusion that the Mayor
of a town in the absence of specific charter provision,
which apparently Leesburg does -not have, does not have
veto power. There seem to be, however, two exceptions to
_ this , one is contained in Section 15-595 relating to issue
of bonds by a town for any purpose in which the mayor has
veto power, as set forth in Section 123 of the Constitution
and the same is true of Section 125 of the Constitution
carried into effect in Section 15-828 Code of Virginia,
which has to do with the granting of franchises , which may
be overridden where the mayor vetos it by a vote of three-
fourths of all the members elected to the council. '
As I told you over the phone, I can find no decision by a
Virginia court directly in point on this question buy have
given you my opinion as to what I believe a court would
hold.
Trusting I have answered your question, I am
Very truly .yours ,
/S/ Morton L. Wailers tein
Morton L. Wallerstein
General Counsel
• League of Virginia
•
Municipalities" ,
•
Threfore,
(8 ) BE IT RESOLVED by the Council of the Town of Leesburg, in Vir-
ginia, that the Mayor of the Town of Leesburg has no veto in this
instance, and
BE IT RESOLVED that the said Council does not recognize the
writing of April 16 , 1954, purporting to be a veto, as ouch, and,
(9) BE IT FURTHER RESOLVED, that the said Council of the Town of
Leesburg, in Virginia, for the purpose of clarity in this matter, •
does hereby reafirm and restate its action on April 12, 1954, in
adopting the ordinances refrred in paragraphs two (2) and (4) of
this resolution.".
•
SPECIAL MAY 20, 1954
At a special meeting of the Mayor and Council of the Town of
Leesburg held in the Council Chambers on Thursday, May 20, 1954,
at 11 :00 o' clock A. M. there were present William W. Nickels , Mayor,
Reginald B. Gheen, Emmerson H. James , Howard B. Gill, Maurice R.
Lowenbach, Jr. , Frank Raflo, and Morton Riddle, III, Councilmen.
t31
Due to the absence of the Recorder and upon motion duly made, and
seconded and unanimously carried Frank Raflo was elected to serve as
Recorder Pro-tem.
Mayor Nickels read the following notice :
"May 20, 1954
On reguest of Councilman Gheen:
I, William W. Nickels , Mayor, hereby call a Special Meeting
of the Town Council in Council Chambers of the Town Hall
Building in Leesburg, Virginia, at 11 :00 A. M. o' clock on-
May 20, 1954.
/S/ William W. Nickels
Mayor"
Upon motion of Reginald K. Gheen, seconded by Maurice R. Lowen-
bach, Jr. , and unanimously carried the following resolution was adopted:
BE IT RESOLVED by the Council of the Town of Leesburg, Loudoun
County, Virginia, .a municipal corporation, that the Council of said
Town doth authorize and direct that a suit be filed by said Council
on behalf of .said :Town to have the Court determine as to whether or
not the Mayor of the Town of Leesburg under the Charter of said Town,
the Counstitution of Virginia and the Statutes of Virginia has veto
power of the legal acts of said Council.
AND BE IT FURTHER.RESOLVED that Wilbur C. Hall be employed as
Attorney to represent the Council of said Town to institute such pro-
ceeding as he may be advised to determine said question.
Mayor Nickels read a letter from Mr. jpbert K Wilson, Certified
Land Surveyor; in which he outlined that/h aruxk$ng for the Town
of Leesburg had been increased at the suggestion of Mr. Barringer of
the Hayes, Seay, Mattern and Mattern Co. to the extent of about fourty
'.' - per cent increase, and that he felt that he should be conpensated for
the additional work. Also he :stated that approximately ninety per
cent of the survey had been completed and requested an advancement of
$1,000.00 on .his proposed contract.
Upon motion of Morton Riddle, III, seconded by Emmerson H. James,
and unanimously carried the following resolution was adopted:
BE .IT RESOLVED by the Council of the Town of Leesburg in Virginia,
that the contract between the Town of Leesburg and Robert K. Wilson,
Certified Land Surveyor, be increased the sum of $300.00 for additional
work he was completing at the request of Mr. taarringer of the Hayes,
Seay, Mattern and Mattern Co.
BE IT FURTHER RESOLVED that the Auditor-Treasurer be, and he is
hereby authorized and directed to advance Mr. Robert K. Wilson the
sum of $1,000.00 as a partial payment on said contract.
There being no further business upon motion duly made seconded
and c rried, Council adjourned.
Mayor or r•-tem
SPECIAL MAY 21, 1954
At a special meeting of the Mayor and Council of the Town of
Leesburg, In Virginia, held in the Council Chamber on Friday, May 21,
1954, at 5 :00 o' clock P. M. there were present William W. Nickels,
Mayor, Reginald K. Gheen, Emmerson H. James, Howard B. Gill, Maurice