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HomeMy Public PortalAbout1955_08_01SPEC 2: 17 • Council decided not to accept any of the bids until,it had; had 'time to discuss the matter with Mr. Perrow. - 'There being no further business , Council adjourned. Mayor Pro-tem Recorder SPECIAL, AUGUST 1, 1955 At a special meeting of the Mayor and Council of the Town of _ Leesburg, in Virginia, held in the Council Chamber on Monday' August 1, 1955, at 7 :30 o' clock, F. M. there were present Emerson H. James , ' Mayor, Horace M. Hallett, Recorder, Howard B. Gill, Reginald B. Gheen, Frank Raflo and Morton Riddle, III, Councilmen. Upon motion of Howard B. Gill, seconded by Frank Raflo and carried by a vote of three to nothing, Gill, Raflo, Riddle for, Gheen not voting, the following resolution was adopted. WHEREAS, the Council of the Town of Leesburg, in Virginia, is - advised by. its Consulting Engineers , Perrow and Brookenbrough, that ' the one and one-half million gallon water storage standpipe which is to be„erected for supplying water to the Town of Leesburg, in Vir- ginia, should be -located on the property of Harry I. Tiffany, oppo- site the Loudoun County Hospital and fronting on the Waterford Road; and, • WHEREAS, • it is necessary for the Council of the Town of Leesburg, - in Virginia, to obtain immediately the necessary real estate for the location of said. water reservoir standpipe; and, WHEREAS, it is the desire of the Council of the Town of Lees- ' • • burg, in Virginia, topurchase at a fair and reasonable price, the _ necessary real estate for. the location of said water reservoir stand- pipe ; • ' NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of ' Leesburg, in Virginia, as follows : SECTION I : That the Town of Leesburg, in Virginia,• purchase from Harry I. Tiffany the parcel or tract of land enclosed within • the solid line on the plat attached hereto marked Exhibit "A" , to- gether with a sixteen (16) foot easement for the location and instal- lation of a twelve (12) ' inch water main to be located below the sur- face of the ground, and running from the aforementioned parcel or tract of land in a direct line to Waterford Road, as more fully shown on Exhibit "A"- attached hereto, said parcel or tract of land being located and situated in the Town of Leesburg, Leesburg Magisterial District, Lafioun County, Virginia, on the West side of the Waterford Road, and more particularly described as follows : Beginning at a point in the line between the lands of the • Loudoun County Hospital and the lands of Harry I. tiffany, sixty (60) feet from the Southwest corner of the said Harry • I. Tiffany tract, and running North along said boundary line • a distance of two hundred forty (240) feet to a point, and ' thence in a southeasterly direction a distance of one hundred twenty five (125) feet' to a point, and thence South in a line parallel to the boundary' line between the lands of the said Loudoun County Hospital and Harry I. Tiffany, a distance of sixty (60) feet to a point,, and thence in a Southwesterly direction a distance of one hundred seventy (170) feet to the point of beginning, containing 0.344 acres, more or less , to- - gether with an easement sixteen. (16 ) feet in width running in • a straight line from the aforesaid tract and perpendicular to the said Waterford Road, for the purpose of' laying and construct- ing underneath .the surface thereof a twelve (12) inch water main for the conducting of water from the aforementioned tract to a water'main of the town of Leesburg, in Virginia, to be located in and along said Waterford Road. 218 • SECTION II : That Messrs. Robert J. MaCray, Hamilton, Virginia ; S. Frank Osburn, Leesburg, Virginia; Harvey M. Ball, Purcellville, Virginia; Fleet H. James, Purcellville, Virginia ; and James W. Whaley, Hamilton, Virginia; be, and they are hereby appointed appraisers for the Town of Leesburg, in Virginia, and are hereby authorized, request- ed and directed to appraise the value of said tract of land specified in Section I hereof, as shown on Exhibit "A" attached hereto, and the value of said easement, and they are hereby requested to report their respective appraisals to--the Auditor-Treasurer of the Town of Lees- burg, in Virginia, on or before August 15, 1955. SECTION III : That the appraisers hereby appointed and named • in Section II hereof, be, and they are hereby requested to appraise the value of the. entire Harryy I. Tiffany tract consisting of approx- imately four and one-half (42 ) acres. of land, . located in the Town of Leesburg, Loudoun County, Virginia, on the West side of the Wat- erford Road in said Town, as shown ori Exhibit "A" attached hereto, and they are hereby requested to report their respective appraisals to the Auditor-Treasurer of the Town of Leesburg, in Virginia, on or before August 15, 1955. • SECTION IV : That upon the receipt of the findings of the ap- praisers mentioned in Section II hereof, the Auditor-Treasurer of the Town of Leesburg, in Virginia, is , and he is hereby directed, requested and authorized to offer to purchase for the Town of Lees- burg, in. Virginia, the tract of land mentioned in_ Section I hereof, and the tract of land mentioned in Section III hereof, from Harry _ I. Tiffany at the value determined by the appraisers specified in . Section II hereof, and said offer shall be made in writing and addressed to the said Harry I. Tiffany, Leesburg, Virginia. SECTION V : That in the event the said Harry I. Tiffany shall - refuse to accept either the offer of. the Town of Leesburg, in Vir- ginia, to purchase the parcel or tract of land mentioned 'in Section I hereof in accordance with the offer of the Auditor-Treasurer, __ or shall refuse to accept the offer of the Town of Leesburg, in Virginia, to purchase the entire tract of land as mentioned in . Section III hereof, and shall refuse to sell either parcel or tract of land to the Town of Leesburg, in Virginia, the Town. Attor- ney, be, and he is authorized, requested and directed to take any and all such legal action as may be necessary to acquire titlt to the aforesaid tract or parcel• of land mentionedin this resolution, in the name of the Town of Leesburg, in Virginia, and the said Town Attorney, be, . and he is hereby requested to report any and all act- ions . taken in the name' of the Town of Leesburg, in Virginia, at the time of taking such action. Passed this day of August, 1955. ATTEST : Upon motion of Frank Raflo, seconded by Morton Riddle, III, and unanimously carried , the following resolution was adopted. WHEREAS, on May 21, 1954, at. a special meeting of the Town Council held in Council Chambers in Leesburg, Virginia•, at• 5 :00 P. M. , • a resolution was duly adopted authorizing and requesting 111The Peoples National Bank of Leesburg, Virginia, and The Loudoun National Bank of Leesburg, Virginia, depositories of the Town of Leesburg, in Virginia, to pay all checks . drawn by the Auditor- Treasurer and countersigned by the Recorder, until "otherwise notified and directed in writing;", and, • .WHEREAS, on April 12, 1954, the Council of the Town of Lees- burg, in Virginia, at a regular and duly called meeting held in Council Chambers , adopted the following ordinances : • BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, that officers Venable, Athey and Turner, be retained , by the Town on a permanent basis beginning on the first day - of August, 1955, at a Salary of $225.00 per month for Athey and Turner ; and, . 219 WHEREAS, at a meeting of the Council of the Town of Leesburg, in Virginia, regularly and duly called and held on April 12, 1954, the following ordinance was adopted : BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, that if charges of failure of a policeman to pro- perly perform their duty or charges of conduct detrimental - to the best interest of the Town be raised against any one - of the police officers , the said charge will be told at a meeting of the whole Council, and the officer in question 'be j IIgranted an opportunity to speak and defend himself; and, WHEREAS, at a regular and duly called special meeting of the Council of the Town of Leesburg, in Virginia, held on April 16, 1954, the Mayor of the Town of Leesburg did in writing notify the Town Council of his veto of the abresaid ordinances ; and, . WHEREAS, on June 13, 1955, the Supreme Court of Appeals of the Commonwealth of Virginia, in the proceeding known as Howard B. Gill, et al v. William W. Nickels , Mayor, did uphold the right of the Mayor of the Town of Leesburg to veto ordinances passed by the Town Council; and, WHEREAS, it is now necessary that the Mayor and Council of the Town of Leesburg, in Virginia, approve, ratify and affirm payments heretofore made by the Auditor-Treasurer to Officers Venable, Athey and Turner commencing on May 1, 1954, • to date, and to determine the manner of withdrawal of funds from the depositories of the Town of Leesburg, in Virginia ; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Leesburg, in Virginia, as follows : (1) That the resolution with respect to the signing of checks drawn on the account of the Town of Leesburg, in Virginia, and other matters set forth therein, adopted on May 21, 1954, be, and it is hereby rescinded. (2) That the Town of Leesburg, in Virginia, hereby designates The Peoples National Bank of Leesburg, Leesburg, Virginia, and The Loudoun National Bank of Leesburg, Leesburg, Virginia, and each of said banks as a depository of said Town, and hereby authorizes and • • directs that checking accounts be maintianed in said Banks in the name "Town of Leesburg, Virginia". p (3) That said Town authorizes and directs that withdrawals from said checking accounts shall be by checks or drafts signed by Geo. E. Ward, Auditor-Treasurer, and countersigned by Emerson H. James ,_ Mayor., on behalf of said Town for the payment of money from said accounts. . (4) That .all checks and drafts heretofore drawn by Geo. E. • Ward, Auditor-Treasurer, and countersigned by Horace M. Hallett, Recorder of the Town of Leesburg, Virginia, and all checks hereto- fore endorsed by either the said Auditor-Treasurer, or the said Recorder, or both, pursuant to said resolution of May 21, 1954, and the deposit of said checks to the credit_ of_said..checking accounts and the payment of money from the said checking accounts 4i by said depository banks, be, and the same hereby is ratified and confirmed. (5) That this resolution is in accordance with the provisions of the charter of said Town and the laws of the State of Virginia governing municipal corporations in the State. (6 ) That the Recorder of said Town shall certify to said Banks the names of .the presently duly elected and qualified Mayor and Auditor-Treasurer of said Town, and shall from time to time here- after as changes in the personnel of said offices are made, immed- iately certify such changes to said Banks and said Banks shall be fully protected in relying on such certification of the Recorder and shall be indemnified and saved harmless from any claims , demands, expenses, loss , or damages resulting from, and growing out of, hon- oring the signature of any officer so certified, or in refusing to honor any signature not so certified and refusing to honor any 220 -signature which may be replaced through changes made by certificat- ion herein authorized. • (7) That said depository banks be and each of them hereby is authorized to honor, receive or pay all checks and drafts signed- in accordance with this resolution even though drawn or endorsed to the officer signing the same or tendered for cashing, or for deposit to his personal account, and said banks shall not be re= - quired, or be under any obligation to .inquire as to the circum- stances of the issuance, or use .of any check or draft signed in accordance with this resolution or the application, or disposit- ion of such check or draft, or the proceeds thereof. (8 ) That said Town hereby relieves and discharges the said banks from any and all liability by reason of their payment of checks and drafts , by whomsoever and however signed, that have heretofore been charged against the bank accounts of the "Town of Leesburg, Virginia" and said banks and each of them hereby are relieved and . discharged from any and all liability by -reason of their acceptance of checks• and drafts heretofore deposited in said bank accounts. (9 ) That any and all resolutions and ordinances heretofore passed.and which are in conflict with the provisions of this resol- ution hereby are revoked and rescinded. (10) That this resolution shall remain in full force and effect until said bank or banks are -otherwise notified and directed in writ- ing, and the same acknowledged by 'said bank or banks. I, the undersigned, hereby certify to The Peoples National Bank �" of Leesburg, Leesburg, Virginia, and The Loudoun National Bank of Leesburg, Leesburg, Virginia, that I am the Recorder of the Town of Leesburg, in Virginia, a municipal corporation created and exist- ing under the laws of the State of Virginia, that the foregoing is a true copy of resolutions duly adopted by the Council of the Town of Leesburg, in Virginia, at a meeting held on the 1st day of Aug- ust, 1955, at which a quorum was present and that such resolutions have not been rescinded or modified. I further certify that this resolution is in accordance with - the provisions of the charter of said Town and the laws of the State: of Virginia governing municipal corporations in the State. I also certify that the following are -the names and official signatures of the present Mayor and Auditor-Treasurer of said Town: Office Official Signature Mayor /S/ Emerson H. James Emerson H. James Auditor-Treasurer /S/ Geo. E. Ward Geo. E. Ward . IN WITNESS WHEREOF, -I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia, this 1st day of August, 1955. • TOWN OF LEESBURG, IN VIRGINIA By /S/ Horace M. Hallett ( (SEAL) ) - The Mayor requested the Police Committee to investigate the complaint regarding the manner of the arrest of a Mr. Fletcher. Several members of the Planning Commission appeared before Council and presented the proposed parking place for the Town. . Council accepted the said plan and extended its thanks to the - Commission for its- wonderful work it was doing, and requested -that 221 the Chamber of- Commerce make a through study of the proposed plan and submit its -recommendations. Upon motion of--Frank-- Raf-10 seconded by-Howard B. ' Gill, and unanimously carried, -the following resolution was adopted. WHEREAS, -the Council- of the Town of Leesburg, in Virginia, has - heretofore accepted the offer -submitted by Carleton Penn, II, for the purchase of the Town -Hall- property -located on the Northeast ' corner of King and Loudoun Streets of the Town of Leesburg, in Virginia, and -- - WHEREAS, it is the sense of the Council- of the Town. of. Leesburg, in Virginia, that- it is advisable that an option be obtained for the purchase of- the property- located on Loudoun Street, between King and Wirt Streets -known as -"The- Grimes Property, " and WHEREAS, -it is the sense -of the-Council of the Town of Leesburg that investigations should be made to determine whether or not the alleys on the-West -side of King Street--between Loudoun and Market Streets. are available for- public use, . NOW, THEREFORE,-.BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF T$FSBURG, IN VIRGINIA, AS FOLLOWS : • SECTION ONE : That the Town Attorney, be, and he is hereby authorized and directed to obtain an option to purchase the •proper- ty known as "The Grimes Property" , located on the North side of Loudoun Street between• the intersections of King and Wirt Streets. SECTION TWO : That. the Town Attorney, be, and he is authorized and directed to investigate and report back to the Council of the Town of Leesburg, in Virginia, whether or not the alleys on the West side of King Street between the intersections of Loudoun and Market Streets are available for public use. PASSED THIS DAY OF AUGUST, 1955 : There being no further business , and upon motion duly made, - seconded and carried, Council adjourned. • • Mayor • Recorder - • REGULAR, AUGUST 8, 1955 • - • At a regular meeting of the Mayor and Council of the Town of Leesburg, in Virginia, held in the Council Chamber, Monday, August 8, 1955, at 7 :30 o' clock, P. M. there were present Emmerson H. James, Mayor, Horace M. Hallett, Recorder, George J. Durfey, Howard B. Gill, Reginald K. Gheen, and Morton Riddle, III, Councilmen. The minutes. of the regular meeting of July 11, 1955, and the special meetings of July 25, 1955, and August 1, 1955, were read, and upon motion of George J. Durfey, seconded by Morton Riddle, III, S -- and unanimously carried, the aforesaid minutes were approved as read. The Auditor-Treasurer read his monthly report for the month of July, 1955, and presented the current bills, and upon motion of George J. Durfey, seconded 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, be, and he is hereby authorized and directed to pay the following bills : - Virginia Electric & Power Company :- Street Lighting 0 178.00 White Way Lighting - 16.60 Power (Pump House) 52.80 Power (New Well) 27.95 Power (Harrison Spring ) 11".50 Sireen, Mayor' s Office-, Fire House 2.00