HomeMy Public PortalAbout1955_10_31SPEC 4
SPECIAL OCTOBER 31, 1955
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At a Special Meeting''of the Mayor and Council of the Town of Leesburg,
in Virginia,. held in the Council Chambers, Monday, October 31, 1955 at 7:30 P.M.,
there were present: E. B. White, Mayor, Horace M. Hallett, Recorder, George J.
Durfey, Reginald K. Ghees, Howard B. Gill, C. R. Hollandsworth and` Thelma J.
Smoot, Councilmen.
Mayor White stated that the meeting had been called to c'naider the
reply of Mr. H. I. Tiffany regarding the offer for the land which. the town
wished to purchase for the erection of the proposed water tank.
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Upon motion of C. R. Hollandsworth, seconded by Thelma J. Smoot,
Council voted unanimously to go into an executive session.
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Upon motion of Howard B. Gill, seconded by Thelma J. Smoot and
unanimously carried, Council declared itself again in regular session.
Upon motion of Howard B. Gill, seconded by Thelam J. Smoot and
carried by a vote of 4 to 0, Gill, Smoot, Durfey and Hollandsworth FOR,
Gheen NOT voting, the following resolution was adopted:
WHEREAS, the Town of Leesburg, Loudoun County, Virginia, a munici-
pal corporation existing under and by virtue of a charter issued by the '
Commonwealth of Virginia in the year 1936, has caused a study of the water
distribution facilities of the Town of Leesburg, in Virginia, to be made by .
Messrs. Perrow and Brockenbrough, Consulting Engineers, Richmond, Virginia; and,
WHEREAS, the Council of the Town of Leesburg, in Virginia, has, after
due and diligent study and inquiry, assisted by the engineering studies of
Messrs. Perrow and* Brockenbrough, determined that certain specific improvements
in the water and supply distribution system of the Town of Leesburg, in Vir-
ginia, are of urgent necessity in order to protect the health and safety of the
citizens of the Town of Leesburg, in Virginia; and,
WHEREAS, on June 14, 1955,. the qualified voters of the Town of Lees-
burg, in Virginia, authorized and approved the issuance of a bond issue by the
Town of Leesburg, in Virginia, in the amount of One Hundred Sixty Thousand
Dollars ($160,000.00) to provide for an adequate water supply and changes in • Ill
the distribution system of the Town of Leesburg, in Virginia, among other
things; and,
WHEREAS, in order to provide an adequate water supply for the Town
of Leesburg, in Virginia, it is necessary, and the public interest demands
that suitable and necessary additional land be acquired for the location of
a water reservoir; and,
WHEREAS, in order to provide the necessary and required pressures
for the functioning of the water distribution system of the Town of Leesburg,
in. Virginia,. it is necessary, and the public interest demands the- acquisition
of that certain tract or parcel of land located on the West side of the Waterford
Road, located on State Highway Route No. 698, belonging to Harry I. Tiffany, in
the Town of Leesburg, in Virginia, in order that the necessary contracts may be let
to provide for the construction and installation of the required water reservoir;
and,
WHEREAS, the Council of the Town of Leesburg, in Virginia, believes,
and has determined that the public interest demands that certain lands owned by
Harry I. Tiffany, located on the West side of the Waterford Road in the Town of
Leesburg, in Virginia, be acquired for the accomplishment of the purposes afore-
said; and,
WHEREAS, the said land of the said Harry I. Tiffany which the Council
of the Town of Leesburg, in Virginia, believes it is necessary to acquire
is not improved by dwellings or other buildings; and, IIV
WHEREAS, the aforesaid lands which the Town of Leesburg, in
Virginia, 'believes should be acquired for the purposes aforesaid do not contain
in the aggregate more than the acreage permitted under the laws of the State
of Virginia, to be owned and held by the Town of Leesburg, in Virginia; and,
C) •WHEREAS, representatives of the Council of the Town of Leesburg, in
Virginia, have contacted the owner and have requested that he put a price on
the said land, but no agreement has been reached for the purchase of said land
consisting of 3.9401 acres, more or less and lying immediately West of the
Waterford Road on State Highway Route No. 698 in the Torn of Leesburg, Loudoun
County, Virginia, as the same is hhown and designated on a plat made by
Robert K. Wilson, Certified Surveyor, dated November 10, 1955, and being the
same land purchased by the said Harry I. Tiffany from Thomas Gordon Janney and
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Clementine V. Janney by a deed dated the 17th day of May, 1950 and of record
in the office of the Clerk of the Circuit Court for Loudoun County, Virginia
in Deed Book 13 Gas, Folio 448; and, • -
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WHEREAS, the Council of the Town of Leesburg, in Virginia,' is of the
opinion that said land is needed and that public interest demands and requires
that the said tract containing 3.9401 acres, more or less, be acquired from
the' said Harry 1. 'Tiffany for the purpose of locating thereon the water
reservoir and connecting mains of the Town of Leesburg, in Virginia, all as
aforesaid;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg,
in Virginia, a municipal corporation chartered by the Commonwealth of Virginia,
that the letter reply of Harry 1. Tiffany dated October 29, 1955, refusing
the offer of the Council of the Town of -Leesburg, in Virginia, dated October
25, 1955, to purchase said tract for the sum of Fourteen Thousand Six Hundred
Dollars( $14,600.00).by a general warranty deed and the title be-free and
clear of all liens and encumbrances, and the refusal of the said Harry I. Tiffany
to state or indicate in any way the price at which he would sell the said
tract of land hereinabove described to the Town of Leesburg, in Virginia,
prohibits the Town of Leesburg, in Virginia from negotiating the purchase of
N said tract or parcel of land;
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QtOQ AND BE IT FURTHER RESOLVED, that the public interest demands and that
it is necessary that the said tract or parcel of land containing 3.9401
e-. acres, more or less, owned by Harry I. Tiffany, be acquired in order to
provide an adequate supply of water for the Town of Leesburg, in Virginia;
AND BE IT FURTHEER RESOLVED, That Howard W. Vesey, Town Attorney, for
the Town of Leesburg, in Virginia, be and he is hereby authorized and
directed to take any and all legal actions which may be necessary to acquire
the said tract or parcel of land of Harpy I. Tiffany located on the West side
of the Waterford Road on State Highway Route No. 698.and containing 3.9401
acres, more or less; •
AND BE IT FURTHER RESOLVED, That the Mayor and the Recorder of the
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• Town of Leesburg, in Virginia, be and they are hereby authorized and directed
to execute any and all papers which may be -necessary to carry out the
intendment and purposes of this resolution; and .
BE IT FURTHER RESOLVED, that the Recorder for the Town of Leesburg,
in Virginia, Horace 64. Hallett, be and he is hereby instructed and directed
to mail to the Town Attorney, Howard W. Vesey, and to the Mayor of the Town
of Leesburg, in Virginia, Elijah B. White, five (5) certified copies of this
resolution.
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Passed by order of the Council of the Town of Leesburg, in Virginia,
on October 31, 1955.
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Mayor
Attest:
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Recorder -
Mr. Vesey informed Council that he had been requested to present the
case of Dr. J. T. Jackson re tax assesment. Council unanimously assured Mr.
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Vesey, they had no objection.
Upon motion of Reginald K. Gheen seconded by C. R. Hollandsworth and
unamimously. carried the following resolution was adopted:
BE IT RESOLVED, by the Council of the Town of Leesburg in Virginia, that
the Mayor d Recorder be and they are hereby authorized and. directed to sign
the•followi 000:00 bond agreement with the State Highway Department:
KNOW ALL MEN BY THESE PRESENTS, that the Town of Leesburg, Ya., a O
municipal corporation of the State of Virginia is-held and firmly bound unto
the COMMONWEALTH OF VIRGINIA in the full and just sum of ONE THOUSAND DOLLARS
(61,000.00) current money of the United States, to be paid 'to the said
Commonwealth of Virginia, to the payment whereof it hereby binds itself firmly
by these presents, sealed with its seal and dated this 310 day of October,
A. D. 1955. •
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WHEREAS, it becomes necessary from time to time for the Town of
Leesburg, Va. to obtain permits form the Virginia Department of --Highways to
install, construct, reconstruct, maintain, and operate certain public works
along, across, over and upon the highway system of Virginia; and
WHEREAS, expense, damage or injury, may be sustained by the
Commonwealth of Virginia growing out of the granting to said Town of Leesburg,
Va. by the Virginia Department of Highways of said permits for the Work
aforesaid; and
WHEREAS, one of the conditions of such permit- or permits is that
the Town of Leesburg, Va. shall indemnify the Commonwealth of Virginia against
all damages and injuries to the highways and bridges and to persons or
property lawfully upon such highways.
NOW, THEREFORE, The condition of this obligation .is such that if
the said Town of Leesburg, Va. shall in all respects comply with all of the
conditions of permit or permits that have been, or will be, granted said Town
of Leesburg, Va., and shall indemnify and save harmless the Commonwealth of
Virginia against and from all loss, cost, expense, damage or injury to
highways and bridges and to persons and property lawfully on such highways,
growing out of the granting of such. permit or permits to said Town of Leesburg,
Va. then this obligation to be void, otherwise to be and remain in full force
and virtue.
IN WITNESS WHEREOF, the said Town of Leesburg, Va. has caused this
bond to be executed and its official seal affexed the day and year above
written, pursuant to an ordinance adopted by its Council. of the 31st day
of October, 1955.
TOWN OF Leesburg, Virginia
BY Elijah B. White
Mayor
(SEAL) - a
ATTEST: •
Horrace M. Hallett
fz Form Approved:
Howard Vesey
Town Attorney
Reginald K. Gheen read -the following report from the Building
3Committee:
The Building Committee recommends that the Auditor-Treasurer have
the Town labor force proceed with such repairs as he considers necessary
for the Grimes Building, including painting of the roof and such other
painting as may be necessary together with the necessary electrical wiring.
It is also recommended that the Auditor-Treasurer advise local
plumbers and other interested partie that the Building Committee will Con-
sider such estimates for installing 4a oil-fired hot water heating system in
this building as may be submitted to the Committee. After consideration by
the Committee of such estimates a recommendation will be made to Council for
its consideration and action.
The Committee also recommends that the Auditor-Treasurer have the
Town force clean up the grounds of the Grimes property.
And upon motion of Reginald K. Gheen second by Reward B. Gill and
unanimously carried the report was adopted and approved. • -
The Insurance Committed submitted the following report:
To the Mayor and Council:
The special committee appointed to review the insurance program and
coverage for the Town wishes to report as follows:
At the present time the Town's insurance is divided between the
following fonr agencies:
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Garrett Insurance Agency
4 - Armfield, Harrison & Thomas
Moore, Clemens & Co. -
Paxson & Hawthorne.
• It is felt that the Committee should have the advice and opinions
of insurance men before attemping to change the present coverage, and therefore,
the' committee proposes to ask representatives of the above agencies to meet
with it to go over the insurance in force and to study additional needs, and
ask these agencies for specific recommendations.
If this meets with the approval of Council the Committee will arrange
a meeting at once.
Insurance Committee
A copy of the letter written by Mayor White to Mr. Parker in re the sewer
and'water in his subdivision was read to Council.
Upon motion of Howard B. Gill seconded by Thelma J. Smoot and unaminog#y
carried the following resolution was adopted.
Or WHEREAS, the Council of the Town of Leesburg, in Virginia, on the 25th day
Q of April, 1955 and the 15th day of September, 1955, authorized and directed the
Town Attorney to negotiate certain easement indentured with the property owners
°r adjoining State Highway Route No. 7 and Parker Road, in Loudoun County,
Virginia, along the course of the sanitary sewer provided for in the plat and
survey of Messrs. Perrow and Brockenbrough dated August 22, 1955, and as
finally revised on September 19, 1955; and,
WHEREAS, the Town Attorney has negotiated said easement indentures, all of
which have- this day been exhibited to, examined and read and approved by the
Council of the Tan of Leesburg, in Virginia; and,
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WHEREAS, the Town Attorney has prepared a form of agreement with the
' aforesaid property owners under which certain of said property owners have
contributed the funds necessary for the construction of said sanitary sewer
line, and has prepared an escrow agreement providing for the escrowing of said
funds with The Loudoun National Bank of Leesburg, Virginia, as Escrow Agent, all
as set forth in that certain agreement dated October 24, 1955; and,
WHEREAS, it is the desire and intention of the Council of the Town of
Leesburg, in Virginia, to ratify, approve and confirm the aforesaid agreements
and-indentures;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg,
in Virginia, as follews:
SECTIONJI. The Mayor and the Recorder be and they are hereby authorized
and directed, for and in behalf of the Town of Leesburg, in Virginia; to
execute the following easement indentures:
a. With Tri-County Electric Cooperative, dated the 24th day of
october, 1955.
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b. With the Southern States Leesburg Cooperative, Incorporated, dated
. ' the- 24th day of October, 1955.
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c. With William T. Goodwin and Richard T; Goodwin, doing business
as'Goodwin Brothers Limber Company of Mine Ran, Virginia, dated the 24th day
of October, 1955.
d. With Leonard W. Parker and Helen A. Parker, and Parker Motors
Incorporated, dated the 24th day of Octobe , 1955.
e. With Washington Coca-Cola Bottling Workd, Incorporated, dated
October -7, 1955.
f. That certain agreement dated the 24th day of October, 1955, by
and-between the Town of Leesburg, in Virginia, Southern States Leesburg
Cooperative, Incorporated and Southern States Leesburg Petroleum Cooperative,
Incorporated.
g. That certain agreement dated September 27, 1955, by and between
the County School Board of Loudoun County, Virgitia, and the Town of Leesburg,
in Virginia.
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h.' That certain agreement dated September 21, 1955, by and
between the Town of Leesburg, in Virginia, and Alfred L. Phillips of Leesburg,
Loudoun County, Virginia.
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i. That certain agreement between the Town of Leesburg, in
Virginia, and the Tri-County Electric Cooperative, Bohn Allen Johnston,
Sol Feldman, Leonard W. Parker, Ralph R. Peters, Southern States Leesburg
Cooperative, Incorporated, Chesapeake and Potomac Telephone Company of
Virginia, the Virginia State Highway Department, the County School
Board of Loudoun County, Virginia, dated the 24th day of October, 1955,
providing for the installation and construction by the Town of Leesburg,
in Virginia, as agent for the aforesaid property owners, and extending from
approximately the intersection of the Corporate limits of- the Town.of
Leesburg, in Virginia, at its intersection with State Highway No. 7,
thence Eastward to its intersection with Parker Road, thence Southwardly
to the to the sanitary disposal plant of the Town of Leesburg, in Virginia.
J. That certain deed of exchange by and between the Town of
. Leesburg; in Virginia, and Loudoun Properties, Incorporated dated the •
day of ' , 1955.
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. k. That certain agreement with bond attached dated
September 30-, 1955, providing for the construction and installation of
the aforesaid sanitary sewer line by Alexander's Incorporated, at a' cost
of Ten Thousand Eight Hundred Ninety-nine Dollars and Eighteen Cents
( $10,899.18).
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SECTION II, The Auditor-Treasurer of the Town of Leesburg, in
Virginia, be and he is hereby authorized and directed to certify to and.
authorize the Escrow Agent, in accordance with the above referred to
Escrow Agreement of October 24, 1955, to pay any and all expenses incident
to the aforesaid Agreement of the 24th day of October, 1955, covering the
installation and construction of the aforesaid sanitary sewer line as the
same are incurred, and shall obtain receipted statements evidencing the
payment of same, and thereafter report his said actions to the Council for
ratification and confirmation.
Passed this day of October, 1955.
Mayor
Recorder
There being no further business; upon motion duly made seconded
and carried Council adjourned. �'/
Mayor
0e6-
Recorder
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SPECIAL NOVEMBER 5, 1955 • •
• At a Special Meeting of the Mayor and Council of the Toin of
Leesburg, in Virginia, held in the Council Chambers, Saturday, November 5,
1955 at 12 O'clock noon, there were present: E. B. White, Mayor, George J.
Durfey, C. R. Hollandsworth, C. R. Lytle and Thelma J. Smoot, Councilmen.
In the absence of the Recorder, Councilman George J. Durfey was
w.
appointed and elected to serve as Recorder Pro-tem.
The Mayor stated that he had received a letter from Mr: Perrow
informing him that Donald H. Selvage, low bidder on the sewer and water
project hadagreed to a fifteen day extension on his bid, which•had expired
on November 6.
The Mayor stated that he expected Mr. Perrow to be in Leesburg on
Monday, November 7 at which time, the matter of sewer costs on Route #7
• would be taken up with him.as well as the Parker water and sewer line plans
which are confusing because of street widths and materials to be used, etc.
A letter from 2•`+rs. Luck di Zerega asking for permission to
• connect Rock Spring Dairy Farm to the Town Water supply system was read
and after discussion-of same, and upon motion of C. R. Lytle, seconded by