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HomeMy Public PortalAbout1954_07_12 137; REGULAR, JULY-12,,-1954 -- - ....... - - • At a regular meeting of the Mayor and -Council of the .Town of Leesburg, in Virginia, held in the Council Chamber on Monday, July 12, 1954, at -7 :45 P. M; , 'there -were present William -W. Nickels , Mayor, Horace M. Hallett, Recorder, Reginald K. Gheen, Emmerson H. James, Maurice R. Lowenbach, Jr. , Frank Raflo, and Morton. Riddle, ' III, Councilmen. The minutes of the regular meeting of June 14, 1954, were read, and the special meeting of June 29, 1954, and upon motion of , Morton Riddle, III, seconded by Emmerson H. James, and unanimously carried were approved as read. The Auditor-Treasurer. read his monthly report for the month of June, 1954, his quarterly report for the quarter ending •June 30, 1954, and his annual report for the fiscal year ending June 30, 1954, and upon motion of Maurice R. .Lowenbach, Jr. , seconded by Reginald K. Ghenn, and unanimously carried the following re- solution was adopted : . ' WHEREAS, the Auditor-Treasurer has this day presented to the Council of the Town of Leesburg, in Virginia, a quarterly report of all receipts and analysis of all disbursements for the months of April, •May and June, 1954. . NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, that the said quarterly report of the Auditor-Treasurer be, and it is hereby approved and accepted by the said Council. IIBE IT FURTHER RESOLVED by the Council of the Town of Leesburg, in Virgtiathat the Auditor-Treasurer be, and he is hereby• autho- rized and instructed to have a copy of the said quarterly report published once in a newspaper published in the said Town and also . to post a copy of the said report in front of the- Court House in the said Town. Upon motion of Emmerson H. James , seconed by Reginald K. Gheen, and unanimously carried the following resolution was adopted: BE IT RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, that the Auditor-Treasurer bp, and he is hereby authorized and directed to pay the following bills : • Virginia Electric. & Power Co. Street Lighting $ 173.88 '' White Way Lighting 16.00 Power 78.50 Disposal Plant .90 - • Sireen, Mayor' s Office & Fire' House 1.90 C & P Telephone Co. of Virginia . Virginia-Carolina Chemical Corporation '.50 - Loudoun Times-Mirror 30.55 ' Raymond R. Rodrick 83.63 , Raub Supply Co. 16.06 , McDonald & Jenkins 53.96 - Lemarel B. Mason 24.52 L. S. Hutchison Esso Stations 21.68 Leesburg Hardware 4.27 Mitchell' s 1.50 „ J. S. Whitmore 1.23 -, Newton & Kaufman • 11.35' • T.. J. Hatcher 3.32-' Caldwell-Sites Company • . '2,20. Arlington Stone Company 25.52' Wilson Typewriter Company - 5..00 . Radio Communications Co. Inc. 5.22' S. Livingston & Son • 7.90' 138? Diamond Alkali Organic Chemicals Division, Inc.-$ 16.881? George B. Thomas , Inc. 238.621. J. T. Hirst & Co. , Inc. Noland Company, Inc. 19.17 The Ford Meter Box Company, Inc. 89.30 J. Austin Wright 15.00 ' •' Total - $ 954.16 • Mr. Robert K. Wilson, Certified Tend Surveyor, appeared before Council and presented a final plat of the survey work that he had contracted to do for the said Town of Leesburg regarding it' s an- nexation. • Mr. Wilson also presented a final bill in the amount of $900.00 balance owed to him for the said work. Upon motion of Morton Riddle, III, seconded- by Emmerson H. James , and unanimously carried, the following resolution was a- dopted : _ 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 to Mr. Robert K. Wilson, the sum of $900.00 as a payment in full for the work completed for the Tarn of Leesburg as per his contract. Mr. Riddle read an agreement regarding the Town having the right to travel over a certain parcel of land owned by the Washing- ton Old Dominion Railroad to enter the Town of Leesburdasewerage • disposal plant, and upon motion of Morton Riddle, III, seconded by Maurice R. Lowenbach, Jr. , and unanimously carried, the following resolution was adopted: BE IT RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, that the said agreement submitted by the Washington Old Dom- inion Railroad regarding the rights to egress and engress over a parcel of land owned by the said Railroad Company be, and it is hereby accepted. BE IT FURTHER RESOLVED by the Council of the Town of Leesburg, • in Virginia, that the Mayor- be, and he is hereby authorized and re- quested to sign the said agreement for the said Town of Leesburg. Mayor Nickels informed the Council that Mr. Frank Epps had been to see him and had stated his interest in purchasing the Town Hall property. Also, that Mr; Epps was very much interested in knowing what decision the Town had reached regarding the property of the Lime Stone Quarry as a water supply. Mayor Nickels stated that he felt -that the Town- of--Leesburg should try to reach a deci- sion as to the possible use of- this Quarry and also to offer to settle• with Mr. Epps a fair basis-of- compensation--for the use of the water from the- said Quarry.---- Mr. Gheen of the Water-Committee asked the Recorder to obtain what :.information he -could from the Water Conservation Group as to what the possibility -of drilling--a--welkin or near Leesburg would be.- -- --- - - --- • Mr. Leonard -Parker appeared before Council and asked that his . request be considered- for-water-sewerage-connection so that he might be able to establish -a•Trailor Camp in his subdivision and after some lengthly discussion-,--and--upon--motion of Reginald K. Gheen,- seconded by Morton--Riddle,-III-,--and--unanimou'sly carried the following resolution was- .adopted; -- - - - -- - • BE IT RESOLVED by -the Council--of the--Toro of Leesburg-, in Virginia, as -follows.:_ . - . • 1. . That Mr. L. M. Parker- -is- hereby authorized to use that portion..of..his__land- in and, adjoining the eastern corporatelimi.ta_-of-the--said--Town--as shown on plat of. A: 39 . • 'record in the Clerk' s Office of Loudoun County, Virginia, in Liber 12 C' s , Folio 353, for a temporary trailer camp. 2. ' The authorization granted herein shall cease and ex- . pire not later than January 1, 1955, unless by subsequent action the Council shall extend this authorization. 3. Authorization is hereby given Mr. L. W. Parker to IIconnect to the Town Sewer and water lines at the end of East South Street for the purpose of furnishing water and sewer facilities on a temporary basis to the trailers housed on the trailer.park, provided however, that the number of trailers that will be furnished water and • sewerage facilities shall not exceed forty (40) in number. • 4. The connections for sewerage and water and the plan- , ing of the swere and water line shall be without expense to the said Town, ;nrovided however, that the Town will furnish and install one and only one meter for the meter- ing of water furnished the said Trailer Camp. 5. ' The Trailer Camp authorized herein shall be estab- lished and operated in. accordance with the rules and regula- `tions of the State Department of Health governing Trailer . - Camps. 6. ::The Loudoun County Health Department is hereby re- quested to act as agent for the said Town to see that the rules: and regulations referred to in five (5) above are complied with. - • 7. The temporary sewer and. water lines installed for for use by this Trailer Camp shall be approved by a duly . authorized representative of. the Town.before connection is made to the Town sewer and water lines. • Upon motion of Morton Riddle, III, seconded by Frank Raflo and unanimously carried the .following resolution was adopted : WHEREAS, an advertisement calling for bids for the con- struction and laying of sanitary swere lines was published in the Loudoun Times-Mirror on July 8, 1954, as follows : "Sealed proposals "will be received by the Town of Leesburg, Virginia,- in the office of G. E. Ward, Auditor-Treasurer, Town Offices , Leesburg, Virginia, up to 8 P. M. EST, July 16 , 1954, at which time they will be publicly opened and read, for the following work: A sewer outfall line to serve the Loudoun County Consol- idated High School. The contract consists of the. following approximate quantities : 8" sewer pipe 3650' . - - Wye branches 40. 6 ' house connection 200' All manholes, branches , connections and appurtenant work thereto. • Plans , specifications and proposal forms may be secured from the- office of Hayes , Seay, Mattern and Mattern, Architects • and Engineers , 609 South Jefferson Street, Roanoke,- Virginia, or from 0. L. Emerick, Division Superintendent of Schools, Leesburg, Virginia. A deposit of $10.00 (Ten Dollars ) will be required, all of which will be returned to prime contractor submitting a valid bid, upon return of said plans and specifi- cations in good condition within two weeks after the bids are opened. $5.00 (Five Dollars ) of the deposit will be returned to prime contractors not submitting bids or to Others pro- viding plans and specifications are returned in good condition • 140 within two weeks after the bids are opened. .Bids must be accompanied by a certified check, or bidder' s .bond, in the amount of not less than five per cent of the bid; and a surety bond in the sum of one hundred per cent of the contract price will be- required of the successful bidder • for the faithful performance of all provisions of the contract. The Town of Leesburg reserves the right to reject any and all' . proposals , to .waive. any informalities in any proposal, -and to award the contract to some other than the lowest bidder should I/it be deemed to the best interest of the Town /S/ .W. W. Nickels , Mayor Town of Leesburg, Virginia" WHEREAS, the Council of said Town is advised that. the Town is without power or authority to enter into a contract that would bind the Town for costs of laying the sewer line beyond the corporate limits and that the Town is without power or authority to unite in a joint contract with the Loudoun County School Board for the construction of a sewer line as proposed in the said advertisement; and, WHEREAS, in order to avoid delay in the opening of bids , the Council of said Town desires to ratify, approve and confirm the publication of the aforesaid advertisement provided that prospec- tive bidders shall be furnished a written addendum to the "Speci- fications and Contract Documents" which will require that the pro- ject of-the Town shall be bid on separately; which will give.notice that the contract with the Town shall be for its project only and that a separate bond will be required of the contractor; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, as follows : 1. That William W. Nickels , Mayor, be, and he hereby is , au- thorized, instructed and directed to sign the following addendum - to the "Specifications and Contract Documents" : Addendum No. 1 to Specifications and Contract Documents for Sanitary Sewer Lines Town of Leesburg, Virginia Comm. No. 840-B Prepared by Hayes , Seay, Mattern and Mattern . Architects - Engineers Roanoke, Va. - Norfolk, Va. •• • Notwithstanding any provision or statement to the contrary the bidders shall submit two separate proposals as follows : The proposal for work covered in Item No. 1 on page 23 shall . be addressed to the Town Council, Town of Leesburg, Virginia, in care of G. E. Ward;^'-Auditor:-•Treasurer;. �'Toim.� Offices; , Leesburg, Virginia. The proposal for work covered in' Item 2 on page 23 shall be addressed to the Loudoun County School Board, Leesburg, Virginia, in care of 0. L. Emerick, Division Superintendent of Schools, Lees- burg, Virginia. . These separate proposals will be opened simultaneously on Fri- day, July 16th. at 8 P. M. in the Town of Leesburg Offices , Leesburg, Virginia, and acted.upon by the Council of the Town of Leesburg and the .Loudoun County School Board in respect to the appropriate proposal. Separate bond will be furnished to the Council of the Town of -Leesburg and to the Loudoun County School Board each for the full amount of their contracts. • The intent of the specifications is to provide for a singe sewer project connecting the Loudoun County Hight School to the 14'1` Town of Leesburg sewer system but to let separate contracts for two parts thereof as indicated heretofore. • For the Town of Leesburg /S/ William W. Nickels • Mayor • • For the Loudoun County School Board /S/ O. L. •Emerick Division Superintendent 2. That publication of the aforesaid advertisement for bids on the prof-eat be, and the same hereby is , ratified, approved and confirmed. 3. That George E. Ward, Auditor-Treasurer; be, and he hereby is , authorized, directed and empowered to draw a check on the Town in the amount of $3.60, payable to the Loudoun Times-Mirror for one- half the cots of the aforesaid advertisement calling for bids on said project. Upon motion of Frank Raflo, seconded by Maurice R. Lowenbach, Jr. , and unanimously carried the following resolution was adopted : BE IT RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, that the Mayor be, and he -is hereby authorized and directed to enter into an agreement with Herbert Howard and Lillian Howard, his wife, in which the latter grants an easement to the Town over their poperty on which a sewer line is to be laid to the new school, which is as follows : "THIS AGREEMENT made this 8th day of July, 1954, by and between HEREBERT HOWARD and LILLIAN HOWARD, his wife, patties of the first part, and the TOWN OF LEESBURG, IN VIRGINIA, party of the second part. WHEREAS, the party of the second part is desirous of entering upon. the land of the parties of the first part for the purpose of constructing and maintaining a sanitary sewer, including manholes and accessories , and installing Connections thereto, as required within' the limits of the easement hereinafter described ; and • WHEREAS, the party of the second part, in consideration of the rights hereby granted, has agreed to indemnify and save harm- less the parties of the first part by the payment of any reasonable damages done' to said property due to the maintenance or repair of said sanitary sewer and has agreed to put the premises in as good condition as existed -when this grant was made. NOW, THEREFORE, THIS AGREEMENT WITNESSETH : That for and in consideration of the premises and the further consideration of , in hand paid, receipt whereof is hereby acknowledged, thesaid Herbert Howard and Lillian Howard, his wife, parties of - the first part, hereby and herein grant to the Town of. Leesburg, in Virginia, party of the second part, the right to enter upon the land owned by the parties of the first part, to lay out, construct and maintain a sanitary sewer, including manholes and accessories, and install connections thereto, as required within the limits of the hereinafter described easement : • 'Beginning at a• chiseled cross on the footbridge across the Ton Branch on the southerly side of Dry Mill Road, said cross' marking the corner common to Howard' and the Leesburg Volunteer Fire Company; thence with the line • commonrto Howard and Leesburg Volunteer Fire Company a distance of 100 feet", said easement to be 30 feet in .. width and parallel to aforesaid common property line." This easement extends over, through and across a portion of the same land conveyed unto the said Herbert Howard by W. A. Metzger, 142. surviving executor of N. S. Purcell, deceased, by deed dated the 11th day of December, 1936, recorded in the Clerkb Office of the Circuit Court of Loudoun County, Virginia, in Deed Book 10 W' s , page 77, to which deed and the references therein reference is made for a more particular description of the same. Upon completion of the sewer over the hereinbefore described lands;' the" trench-shall be back-filled, all excess earth and mater- ial removed and the premises put in as good condition as existed when this grant was made. Further, the right is granted the Town of Leesburg, in Vir- ginia, to- enter upon- said land at any time after the sewer system is completed for the purpose of inspection, maintenance or repair, it being understood that the Town of Leesburg, in Virginia, will save harmless the said Herbert Howard and Lillian Howard, his wife; and will pay any reasonable damage done to said 'property due .to such maintenance or repair, it being understood that this easement shall run with the land. WITNESS".the following signatures and seals. /S/ Herbert - Howard (SEAL) /S/ Lillian Howard (SEAL) TOWN OF T.F:FSBURG, IN VIRGINIA • . By William W. Nickels Mayor' (Seal) Affixed and attested : By /S/ Horace M. Hallett Recorder • STATE OF VIRGINIA) ' ) To-Wit : COUNTY OF LOUDOUN) , a Notary Public in and for the County of Loudoun, State of Virginia, do certify that Herbet Howard and Lillian Howard, his wife, whose names are signed to the foregoing . writing bearing date on the 8th day of July, 1954; have each this day acknowledged the same before me in my County and State aforesaid. e Given under my hand this day of July, 1954. Notary Public My Commission Expires : STATE OF VIRGINIA) ) Tb-Wit : ' COUNTY OF LOUDOUN) I, , a Notary Public in and for the County of Loudoun, State of Virginia, do certify that William W. Nickels , whose name as Mayor of the Town of Leesburg, in Virginia, a corporation, is signed to the foregoing writing, bearing date on the 8th day of July, 1954, personally appeared before me this day in my said County, and in the name and on behalf of the said Town of Leesburg, in Virginia, a corporation, the said William W. Nickels, acknowledged the foregoing writing as the act and deed of the said corporation and made oath that he is Mayor of said corporation; and that the seal affixed to said writing is the true corporate seal of said corporation and that it has been affixed thereto by due authority. • 143 • • .Given under my hand this day of July, 1954. Notary Public • My Commission Expires : . Mr. Raflo told the Mayor and Council that he believed that he was expressing the opinion of the entire Councilwhen he stated that .the Council was willing to accept the decision of Judge Snead re- garding the Mayor of the Town of Leesburg having certain veto power, but at the same time that the said decision had caused a great deal of controversey threw out the State of Virginia and that the ques- tion of veto power had not been tested for at least fifty (50) years ; that in the best interest of -the Town of Leesburg and other Towns the ' decision of .Judge Snead should be appealed and in so doing it would not in any way cause the tax payers of the Town of Leesburg any further expense, and upon motion of Frank Raflo, seconded by Reginald K." Gheen, and unanimously carried, the following resolution was adopted : BE IT RESOLVED by the Council of the Town of Leesburg that it is the wish of the Council that the opinion of Judge Rayner V. Snead, authorizing that the Mayor. of Leesburg has veto power be appealed to .the Supreme Court of Appeals of Virgina and that Wilbur C. Hall, Attorney, be, and he is hereby authorized and empowered to effect said appeal.. There being no further business , upon motion dully made, second- ed and carried, Council adjourned. Fisecter-e--c--S-2140,2-s ' Mayor Recorder 7 • SPECIAL, JULY 16 , 1954 At a special' meeting of the Mayor and Council of the Town of Leesburg,-in -V-irginia, -held in the Council Chamber on Friday, July 16, 1954,_ at 7 :30 o' clock-P.. M. ,. there were present William W. Nickels , Mayor, Reginald K. Sheen,- Emmerson H. James, Howard B. Gill, Maurice R.. Lowenbach, -Jr. , - and MortonRiddle-, IIT , Councilmen. _ . Due to the absence of the Recorder Morton Riddle , III, was a- ppointed to serve as Recorder Pro-tem. • Upon motion of Reginald K. Gheen, seconded by Morton' Riddle, III, and carried by a vote of three to two - Gheen, Riddle and Lowenbach for, Gill and James against the following ordinance was adopted : BE IT ORDAINED by the Town of Leesburg, in Virginia, that until such time as the Council. shall by proper ordinance declare that an emergency no longer exists on account of the shortage of the Town's water supply, it shall be unlawful : • (a) For any person, firm or corporation to use water from the Town' s supply system for the purpose of washing or- cleaning any motor vehicle. A fine of not less the $5.00 or more than $25.00 shall be im- posed for each violation of Section (a) of this ordinance. (b) For any person, firm Or corporation to use water for any air conditioner or similar cooling plant without- equipping the same with a standard re-circulation system, so that-the air conditioner or cooling plant *ill use the same water and not a continuous supply from the Town water supply system. -