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HomeMy Public PortalAbout1955_08_08 : 221 the Chamber of- Commerce make a through study of the proposed plan and submit its recommendations. Upon motion of--Frank- Raf-lo 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, 4t 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-Westside 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,VFSBURG, IN VIRGINIA, AS FOLLOWS : - • SECTION ONE : That the Town Attorney, be, and he is hereby authorized anddirected 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. . .a SECTION TW70 : 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 $ 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 22a C. & P. Telephone Company of Virginia $ 5.20 Leesburg Service Station r 6.20 The Blue Ridge Herald 148.50 The Loudoun Times-Mirror 45.90 Union Clothing Shop 7.90 Davis Gun Shop 3.50 - The Brock Chevrolet, Inc. 44.37 • Leesburg Hardware 1.00 Newton & Kaufman 12.65 McDonald & Jenkins 12.94 Raymond R. Rodrick 57.12 J. T. . Hirst & Company, Inc. 18.03 J. V. Apperson 4.00 Arlington Stone Company 10.80 Garrett Insurance Agency 291.11 Garrett Insurance Agency 55.50 Moore, Clemens & Company 57.00 Diamond Alkali Company 16.50 Shaffer Equipment & Supply Company 4.35 Noland Company, Inc. 16.52 The Bi-Lateral Fire Hose Company 1,029.00 Frances M. Carnes 12.00 L. S. Hutchison, ESSO Station No. 2 7.35 82,156.29 • or fames stated that this date had been set to consider the i ordinance, and requested the Town' s Attorney to pre- side during the discussion at this meeting. Several members of the Town Planning Commission were present, and also, some of the County Planning Commission members. Mr. B. Powell Harrison, Jr. , of the Town Planning Commission made certain recommencations and suggestions as to ammendments for the said ordinance. Also, Mr. Stanley N. Brown, of the County Planning Commission, - made recommendations regaffiing this ordinance, and told the Mayor and Council that he felt that if these amendments were adopted, and became a part of the said ordinance, that the County Planning Commission would recommend it. to The Loudoun County Board of Super- visors for its approval. . The Mayor informed Council that there would be a specail meet- • ing, August 9th, at 12 :00, Noon, for the consideration of the said changes , acid amendments to the said ordinance. Mayor James read a letter from Perrow and Brookenbrough regard- ing the Woodbary Subdivision sewer line, and said letter is on file in the Town Office. He, also, read a letter from Mr. C. W. Dickerson, of the Pilot Investment Company, in which it informed the Town of Leesburg that it. was ready to turn over :to the. said Town the sewer line it has installed, and the pump station in Woodberry Subdivision, and upon motion of Reginald K. Gheen,. .seconded by Morton Riddle, III, and unanimously carried, the following resolution was adopted : WHEREAS, Pilot Investment Company has made application for a permit to connect the ater and sewer lines in the subdivision known as "Woodberry" in the Northeast section of the Town of Lees- burg, in Virginia; and, • WHEREAS , it is reported by Pilot Investment Company that all of the terms and conditions set forth in that certain contract dated the day of , 1955, by and between Pilot In- vestment Company and the Town of Leesburg, in Virginia, have been - completed and complied with by Pilot Investment Company; and, • WHEREAS, all that remains to be done under said agreement is the certification by a competent and qualified engineer that said. water and sewer lines and the pumping station incident thereto have been installed-and--constructed in accordance with the plans and specifications- attached to and made a- part of said agreement of the day of- 1955; NOW, THEREFORE, BE -IT RESOLVED, by the Mayor and Council of / the Town. of Leesburg, - in Virginia, as follows : • . 223' SECTION I. . Mr. George J. Durfey, be, and he is .hereby appointed Engineer Inspector for the Town of Leesburg, in Virginia, and auth- orized and requested to inspect water and sewer mains installed by the Pilot Investment Company in the subdivision known as "Woodberry" in the Northeast section of said Town, and to report back to the Auditor-Treasurer of the Town of Leesburg, in Virginia, 'as to whether or .not said water and sewer lines have been installed- and constructed in accordance with the agreement heretofore entered into between Pilot Investment Company and the Town of Leesburg, in Virginia, under date of the day of , .1955. SECTION II. Upon the certification that the water and sewer mains and pumping station incident thereto in the "Woodberry Sub- division" have been installed and constructed in accordance with the plans and specifications under which said installation and construction has heretofore been authorized and approved, the Auditor-Treasurer, be, and he is hereby authorized and directed to issue such permits as may be necessary and requisite, and to do any and all other things necessary to the ,acceptance of said water and sewer mains and the pumping station incident thereto, under and in accordance with the provisions of that certain agreement between the Town of Leesburg, in Virginia, and Pilot Investment Company, dated the day of , 1955. • Passed this 8th day of August, 1955. • . Mayor Attest : -. Recorder . Upon motion of Reginald K. Gheen, seconded by Howard B. Gill, - and unanimously carried, the following resolution was adopted. BE IT RESOLVED, by the Council of the Town of Leesburg, in Vir- • giniay that the bill of the Loudoun Times-Mirror in the amount of $39.2'- for the necessary publication for the bond issue, be, and it is hereby authorized to be paid, and be it further resolved that - the amount of this. bill be charged to the proceeds of the bond issue. Upon motion of Morton Riddle, III, seconded by Reginald K. Gheen, . - and unanimously carried, the following resolution was adopted. • WHEREAS, the Council desires to make provision_ for the issuance of the $160,000.00 General Obligation Water and Sewer Revenue Bonds dated October 1, 1955, which are to be sold on August 30, 1955; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, as follows : (1) Said bonds and the interest coupons representing the in- terest payable thereon shall be in substantially the following form : (FORM OF BOND) No. • No. ' II __ _ UNITED_ STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN TOWN OF LEESBURG • $1,000 $1,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BOND The Town of Leesburg (hereinafter referred to as "Town" ) , a municipal corporation in the Commonwealth of Virginia, hereby -ack- nowledges itself indebted and, for value received, promises to pay to the bearer of this bond, .the sum of ONE THOUSAND DOLLARS ($1,000) 224 on October 1, 19_, and to pay interest thereon from the date of - this bond until it shall mature at the rate of per centum ( %) per annum, pay- able semi-annually on April 1 and October 1 in each year, upon presentation and surrender of the annexed coupons therefor, as they severally .become due. Both principal of and interest on this bond will be paid at The Loudoun National Bank in Leesburg, Virginia, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. . • . The bonds of said issue maturing after October 1, 1965, are -redeemable prior to their respective maturities', at the option of - the Town, on April 1, 1966, or on any subsequent interest payment date, as a whole or in part, at a redemption price of par and ac- crued intereat 'to the date of redemption. Notice of any such re- demption, specifying the redemption date and, if less than all the outstanding .bonds are to be redeemed, the identifying numbers of the bonds to be redeemed, and further stating that on such re- demption date there shall become due and payable upon each bond so to be redeemed at the place of payment specified in such bonds, the principal thereof and the interest accrued thereon to the ac- crued redemption date, and .that from and after such date interest thereon shall cease to accrue, shall be given by the Town by pub- lication once in a newspaper published in the English language and having a general circulation in the City of Richmond and in a financial newspaper published in the Borough of Manhattan City, City and State of New York, each such publication to be not less than thirty nor more than sixty days prior to the redemption date. This bond is one of an issue of bonds of like date and tenor, except as to number and maturity, authorized by an ordinance passed by the Council of the Town on May 2, 1955, and approved by the af- firmative vote of the majority of the qualified voters of the Town .voting upon the question of .their issuance at a special election held for that purpose on June 14, 1955, in accordance with the pro- visions of Clause -(b) of Section 127 of the Constitution of Vir- - ginia, and is issued pursuant to Article 2 of Chapter 19 of Title 15 of the Code of Virginia 1950, to pay the cost of constructing additions to and improvements of the water and sewerage system main- tained by the Town as a specific undertaking to provide a supply of water to the Town, and to collect and dispose of sewage. It is hereby certified and .recited that all conditions, acts and things required by the Constitution or Statutes of the Common- . wealth of Virginia to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the issue of bonds of which this is one, to- gether with all other indebtedness of the Town; is within every debt and other limit prescribed by the Constitution of Statutes of the Commonwealth of Virginia, and that the full faith and credit of the Town are hereby pledged for the payment of the principal of and interest on this bond in accordance with its terms. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto or impressed thereon, and this bond to be signed by its Mayor and attested by its Recorder, and the coupons hereto annexed to be authenticated by the fac-simile signatures of its .Mayor and Recorder, and this bond to be dated October 1, 1955. Mayor ' Attest : • Recorder (FORM OF COUPON ) - No. April On the 1st day of October, 19_, .the Town of Leesburg, a = 225 municipal corporation in the Commonwealth of Virginia, will pay to the bearer of this coupon DOLLARS ($ ) at the office of The Loudoun National Bank in Leesburg, Virginia, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts , being the interest then due on its General Obligation . Water and Sewer Revenue Bond, dated October 1, . 1955, No. • Mayor • Recorder (2) The Mayor and the Recorder are hereby directed to cause said bonds to -be prepared, when they shall have been sold by the Council; and to execute said bonds in accordance with their terms. • \ Upon motion of Morton Riddle, III, seconded by George J. Dur- fey, and unanimously carried, -the following resolution was adopted. 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 each .Official and Councilman of the Town of - Leesburg, attending the annual' convention of the League of Virginia Municipalities to be held at Old Point Comfort, -September 11, 12 and 13, 1955, the sum of $50.00, • Upon motion of George J. Durfey, seconded by Reginald K. Gheen, and unanimously carried, the following resolution was adopted. WHEREAS, there is a lack of local suppliers of RC-2 Asphalt, II and WHEREAS, it is impractical to secure small amounts of asphalt from distant points, THEREFORE, BE IT RESOLVED, by the Council of the Town of Lees- burg, in Virginia, Ahat the Auditor-Treasurer, be, and he is hereby authorized and directed to submit a requisition for 500 gallons of , - RC-2 Asphalt, to the Resident Engineer, Department of Highways, State of Virginia. Mayor James read a letter from Dr. James T. Jackson regarding hie disagreement with the Town in considering the erection of a water tank on the Tiffany property. Dr. Jackson pointed out many items which he felt would be detrimental to the hospital in that area should the Town construct the proposed water tank at that location. The said letter is on file in the Town Office. ._ .Upon motion of Reginald K. Gheen, seconded by Howard B. Gill, and unanimously carried, the following resolution was adopted : BE IT RESOLVED, by the Council of the Town of Leeaburg, in Vir- ginia, that the Town Planning Commission, be, and it is hereby re- quested and directed to re-examine the survey of Robert K. Wilson, dated July 1, 1954, to determine whether or not any additional area should be annexed as of this time, and report back to the Council of the Town of Leesburg, in Virginia the results of its re-examination and recommendations within sixty (605 days. Upon Motion of Frank Raflo, seconded by Reginald K. Gheen, and unanimously carried, the following resolution was 'adopted. WHEREAS, the Council of the Town of Leesburg, in Virginia, did on July 11, 1955, authorize the sale of the property known as the Town Hall to Carleton Penn, II and/or his nominee , for a price of • Thirty-five Thousand Dollars (435,000.00 ) ; and, I - 226 WHEREAS, it is the desire of the Council of the Town of Lees- burg, in Virginia, to obtain an option on the property known as the Grimes property located on the North side of Loudoun Street between King and Wirt Streets, in the Town of Leesburg, in Virginia; and, WHEREAS, it is the desire of the Council of the Town of Lees- burg, in Virginia, to ascertain whether or not the alleys on the West side of King Street between Loudoun and Market Streets are available for public use, or if not, whether the same will be de- dicated to public use by the owners thereof; NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Leesburg, in Virginia, as follows : • SECTION I. The Town Attorney, be, and he is hereby authorized and directed to obtain an option for the purchase of the property - known as the Grimes property on the North side of Loudoun Street between King and Wirt Streets for a period of sixty (60) days, at a purchase price of Fifteen Thousand Dollars (015,000.00) , and to offer the sum of One Dollar 01.00-) for.said option, and upon the completion of said negotiations to report back to the Mayor and Council of the Town of Leesburg, in Virginia. • SECTION II. The Town Attorney, .be, and he is hereby authorized and directed to make a legal examination of the title to all alleys on the West side of King Street between Loudoun and Market Streets, determine the ownership and public use -of said alleys , and if the same are not dedicated for public use, to negotiate with the owners of said alleys for either the purchase of same by the Town of Lees- burg, in Virginia, .or the dedication of same for public use, and prior to entering into any committments for the Town of Leesburg, in Virginia, to report back to the Mayor and Council of the Town . of Leesburg, in Virginia, for further instructions. Passed the day of 1955. • Mayor ' ATTEST: - Recorder -. There being no further business, upon motion duly made, second- . ed, and carried, Council adjourned. . n• Recorder .Mayor MINUTES OF PUBLIC HEARING RE PROPOSED SUBDIVISION ORDINANCE FOR THE TOWN OF T$FSBURG, AND THE AREA BEYOND THE CORPORATE • LIMITS AND WITHIN TWO (.2 ) MILES THEREOF, HELD 7 :30 P. M. , AUGUST 8, 1955, AT THE COUNCIL CHAMBERS, TOWN HALL, CORN ' OF KING AND LOUDOUN STREETS, LEESBURG, LOUDOUN COUNTY, VIR- GINIA. • The, hearing was called to order by the Mayor, Emerson H. James , and the following members of the Council of the Town of Leesburg, in Virginia, were present : ' . Reginald H. Gheen George J. Durfey Morton Riddle, III Howard B. Gill and said hearing was duly declared open to all persons to express their views with respect to the proposed Subdivision Ordinance for the Town of Leesburg, in Viginia, and the area beyond the Corporate limits and two (2) miles thereof., as published in THE BLUE -RIDGE HERALD, a newspaper published in Purcellville and having general 227• circulation in Loudoun County and in the Town of Leesburg, in Vir- ginia, on July 14, and July 21. Mr. B. Powell Harrison, Chairman of the Planning Commission for the Town of Leesburg, addressed the chair and upon being recognized, stated that the Town Planning Commission recommended the amending of the Subdivision Ordinance as published, in the following respects : (1) Amend Section I B by adding thereto at the end thereof, the ' following : - "In approving such plat, said Commission shall see to it that the requirements of the Ordinance have been observed, except that in the unincorporated territory to which this Ordinance applies , if these requirements should differ in any instance - from any applicable subdivision requirement of the County of Loudoun, the greater requirement shall govern; provided, how- ever, that the requirements of the Leesburg Mater Plan shall be observed in all cases." (2 ) Amend Section II B 4 by deleting the first line in said Subsection 4 and inserting in lieu thereof the following : • "4. It shall provide space for, (or be accompanied by cer- tificates for) the following, with signatures and dates." (3). Amend Section II B 4 (c ) so that as amended it shall read as follows : - "(c ) Certificate of approval or disapproval .by the County Health Officer, or his designated agent, as to lot sizes when - pertinent ; except that this Subsection 4 ( c ) shall not apply to - any area outside the Corporate limits of the Town of Leesburg. As to any area outside of the Corporate limits of the Town of - Leesburg, see Paragraph 7 below. " - (4) Amend Section II B by adding after Subsection 6 a new Sub- section No. 7 to read as follows : • "7. For the area outside the Corporate limits of the Town of Leesburg it shall be accompanied- by a certificate signed by the County Health Officer, or his designated agent, evidencing con- formity with the requirements of the County Health Department." (5) Amend Section III B 2 so that as amended said Subsection shall read as follows : "2. Residential lots shall have at least the following mini- mur6izes ; depending on whether or not they are or will be. ser- ved by municipal water and/or sewer facilities ; provided, how- ever, that where the lot area regulations of any applicable zon- ing ordinance require a larger lot area such- regulations shall govern: WITH MUNI- WITH MUNI- LOT LOT CIPAL WATER CIPAL WATER AREA WIDTH a-1 Within Corp. Limits Yes • Yes 8,000 sq.ft. 60 ft. a-2 Beyond Corp. Limits Yes Yes 10,000 sq.ft. 75 ft. ' b Within or without Corp, limits Yes No *12,000 sq.ft. 80 ft. c • Within or without Corp. limits • No Yes 12,000 sq.ft. 80 ft. d Within or without • • Corp. limits No • No *20,000 sq.ft. 100 ft. *Lots not served by sewers- may be requred to have• larger than minimum areas, if the need therefor• is determined through soil percolation or other tests by thoounty Health Officer. • - Corner lots shall have extra widths to allow for extra side yards on the street sides. 228 Lot widths shall be measured at the building line." (6 ) Amend Section IV A b3 so that as amended it shall read as follows : "3. Sidewalks on both sides of each street, whether in the State system or not, composed of concrete or brick not less than 3 feet wide and installed according to town specifica- tions, but shall be required only as to- the side of the street owned by the subdivider or developer. This requirement 3 shall not apply in any area beyond one (1) mile from the Town Corporate limits. " Mr. Harrison commented briefly upon the effect of the pro- posed amendments and advised that the amendments were the result of further study by the Town Planning Commission and of confer- ences held with other interested persons, including the Chairman of .the-Loudoun County Planning Commission. . The next person who addressed the chair was Mr. Stanley Brown, Chairman of the Planning Commission for Loudoun County. Mr. Brown stated that in general he approved of the amendments suggested by Mr. Harrison, Chairman of the Town Planning Commission, and stat- ed that in his opinion, they. would, if adopted, improve the ordi- nance as proposed. He stated, however, that in his opinion two further amendments should be made ; one, that the proviso clause at the end of Section I B, if amended as suggested by Mr. Harri- son, should be eliminated for the reason that the Master Plan of the Town of Leesburg had not been adopted and therefore it would be impossible to tell what the requirements of the Master Plan might be, and therefore, since the Master Plan was not in effect, no provision could be made at this time for putting its provis- ions into effect ; and, second, that a provision be added in Sec- tion II, Paragraph B 4, which would require a certificate of approval by the County Health Officer, and in particular, sug- gested that- the language in the present County Subdivision Ordi- nance be adopted. Mr. Brown then stated that if the amendments suggested by Mr. Harrison were adopted and the twoamendments which he. had dust suggested were adopted, he would personally approve of the _ ordinance and would wholeheartedly recommext its approval by the Loudoun County Planning Commission and by the Board of Super- visors of Loudoun County. When upon inquiry by the Chairman as to whether or not any other person present desired to express their views with respect - to the proposed ordinance, or as to the amendments as suggested, no one indicated such a desire and the Mayor declared the hearing _ closed and advised that the CouncilCwould take under consideration the ordinance as proposed and publish the amendments as suggested _ at this hearing. *---1/40-6,-1717,144, Horace M. Hallett, Recorder SPECIAL, AUGUST 9, 1955. At a special meeting of the Mayor and Council of the Town of Leesburg, in Virginia, held in the Council Chamber, Tuesday,. August 9, 1955, at 12 :00 o' clock, noon, there were present Emmer- son H. James, Mayor, George J. Durfey, Morton Riddle, III, Howard B. Gill and. Reginald K. Gheen. Due to the absence of the Recorder, and upon motion duly made, seconded and carried, Reginald K. Gheen was elected to. ser- " ve as Recorder Pro-tem. Mayor James asked Mr. John William Clemens , a member of the Town Planning Commission, a report of the Commission on the changes