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HomeMy Public PortalAbout1954_05_21SPEC 1_' 0 • 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. ftflertS,Wilson, Certified Land Surveyor, in which he outlined that/he"*aBuXaking 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 compensated 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. Larringer 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. • 166414 Mayor Recor y-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 1321 • R. Lowenbach, Jr. , Frank Raflo and Morton Riddle, III, Councilmen. Mayor Nickels read the following notice : • "May 21, 1954 I , William W. Nickels, Mayor, hereby call a Sepcial Meeting of the Town Council to be held in Council Chambers at the Town Hall Building in Leesburg, Virginia, at 5 :00 P. M. o' - clock, May 21, 1954." Frank Raflo Upon motion duly made seconded and carried Council elected/to serve as Recorder-Protem due to the absence of the Recorder. • Upon motion of Morton Riddle, III, seconded by Emmerson H. James and unaminously carried the following resolution was adopted : "WHEREAS, differences of opinion have arisen between the Mayor - and Council of the Town of Leesburg; in Virginia , as to whether the Mayor has the power to veto an ordinance or resolution having -the effect of an ordinance passed by the Council, and it is the desire of both the Mayor and Council to have a judicial determination of the question of whether the Mayor has such power, -and, to this end, the Council has authorized the institution of a suit to have the question of the Mayor' s power to veto determined; and, WHEREAS, while it is the desire of the Mayor and Council to have the question of the Mayor' s power to veto as aforesaid adjudi- cated as quickly as possible, it is the desire of both the- Mayor and Council that there be no disruption of the orderly activities - of the Town during the determination of said question and to the end that all the bills of the Town and salaries may be paid : NOW -THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Leesburg, in Virginia, that each of the depository banks of said Town be, and it is hereby authorized and requested to pay all checks which are drawn by the Auditor-Treasurer and countersigned by the Recorder pursuant to all the ordinances and resolutions here- tofore passed whether vetoed or not, and which .may hereafter be passed, and this authorization shall remain in full force and effect until otherwise notified and directed in writing; and, • BE IT FURTHER RESOLVED BY the Mayor and Council of the said Town • that it is understood that this resolution shall not in any way effect the rights of the Town to proceed to have the Mayor' s right to veto an ordinance or resolution having the affect of an ordinance adjudi- • cated as heretofore authorized by the Council of said Town, which rights -of veto the Mayor claims to have and which right the Council Claims the Mayor does not have ; and, • • BE IT FURTHER RESOLVED by the Mayor and Council of the said Town that this resolution shall not vitiate the acts of the Mayor in here- tofore vetoing ordinances and resolutions in the event the' Court or • Courts determine he has veto power and shall not be taken to the prejudice of either the Mayor or Council in their respective rights, t powers and duties , and its sole effect is to modify the actions of the Mayor in heretofore vetoing or attempting to veto ordinances and resolutions and the acts of the Council in overriding or attempting - tooverride the same for the purpose of authorizing the payment of all bills and salaries pending the adjudication of the question of the Mayor' s right to veto an ordinance or resolution having the effect of an ordinance. - BE IT FURTHER RESOLVED by the Mayor and Council of said Town that the Recorder be, and he is hereby directed to transmit a certified copy of this resolution to the Peoples National Bank of Leesburg, Leesburg, Virginia, and a copy to the Loudoun National of Leesburg, Leesburg, lEtginia, the two depository banks of said Town. May -21, 1954 • . • Frank Raflo ../S/ William W. Nickels /8/ • Recorder-Protem . Mayor" • 133- There being no further business upon motion duly made, seconded ' and c rried, Council adjourned. • Alaor EIC Re�em REGUALR JUNE 14, 1954. ' At a regualr meeting of the Mayor and Council of the Town of Leesburg, in Virg- inia, held in the Council Chamber on Monday June 14, 1954, at 7:30 o'clock P. M. there were present William W. Nickels, Horace M. Hallett, Recorder, Reginald K. Gheen, Emmerson H. James, Maurice R. owenbach, Jr; Frank Raflo, Howard B. Gill, and Morton Riddle 111, Councilmen. The minutes of the last regular and four special meetings were read.and upon motion of Morton Riddle 111, seconded by Reginald K. Gheen, and unaminiously car r- led, were approved as read. The Auditor-Treasurer read his monthly statment for the month of May, 1954, • and presented his current bills, and upon motion of F2mnerson H. James, seconded by Reginald K. Gheen, and unaminously carried the following resolution was ad- opted: BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the Auditor-Treasurer be and he is hereby authorized and directed to pay the follow- ing bills: • Virginia Electric & Power Co 277.45 C. & .P. Telphone Co - _ 10.40 Gray & Eddy 12.9D - Frances M. Carnes 6. 00 - Commonwealth of Va; Div; Of Planning & Eco;Dev; 2.13 - Raymond L. Hough . . . . . . . . . 15.00 ' J. T. Hirst & Co; Inc; 1.71 - Leesburg Hardware 53.50 K. Jacobs 10.00 - L. S. Hutchinson Esso Service Stations . . . . 9.13 - T. J. Hatcher 2 20 J. S. Whitmore 1.75 - McDonald & Jenkins 3.25 The Brock Chevrolet Inc; 24.55 Mrs. Jo Anne Bodmer 20.00 • Raymond R. Rodrick 63.17 f ValleyDistributors, Inc., 3.00 - Jaegle Paint & Varnish Co; 68.06 - Neptune Meter .Company 150.80 S. Livingston & Son 33.90 - . Diamond Alkali Organic Chemical Div; inc; . 33.75 Mueller Company 45.56 - . $847.161 Mr. George Weaver appeared before the Council in the Behalf of Mr. Claude Honicon, and requested the Mr. Honicon be granted pe;nissiohetotborinect the sew- er line from the house formerly own by by Mrs. Drake and the boiling that he is constructing for apartments, into the town sewer system. Mr. Weaver stated that Mr. Honicon would construct the sewer line according to the plans that would be set forth by an engineer for the town of Leesburg. Mr. Weaver stated that Mr. • Honicon would pay the cost of having an engineer make the plans for making the ' said connection. This matter was refered to the Sewer Committe. Mr. Kindell, of the Leesburg Laundry appeared before the Town Council and requested that his letter to the Mayor and Town Council be read, in which he • had request the Town of Leesburg to permitt the Leesburg Laundry to connect the Laundry waste line to the sewer system. Mr. Coleman Gore, also of the same Comap.. • any requested that this request be granted, and stated that the State Water Con- trol Board had ordered the laundry to stop disposing of it's laundry waste into the stream known as the town branch with out first removing some of the waste. A report from the Johnson Engneers was read, in which it was stated how much additonal load would be added to the town sewer system. This matter was refer- ed to the Sewer Committee. Mr. Timbrook, and Mr. Winston Baker, of the Southern States Corp; appeared before the Town Council and requested that a certain parcel of land back of their present building be rezoned from Resident to Business,and