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HomeMy Public PortalAbout1955_10_31SPEC 4 SPECIAL OCTOBER 31, 1955 • 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. • Upon motion of C. R. Hollandsworth, seconded by Thelma J. Smoot, Council voted unanimously to go into an executive session. • 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 • 5 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, • - • • 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; 0, 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 III • 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. • Passed by order of the Council of the Town of Leesburg, in Virginia, on October 31, 1955. • Mayor Attest: • 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. 111 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. • •• n () 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: 7 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, • 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. • b. With the Southern States Leesburg Cooperative, Incorporated, dated . ' the- 24th day of October, 1955. • 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. 8 • 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. • 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. • . 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). • 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 • 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