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HomeMy Public PortalAbout1956_04_23SPEC R. SPECIAL APRIL 17, 1956 At a special meeting of the Mayor and Council of the Town of Leesburg, in Virginia, held in the Council Chamber on Tuesday , April 17 , 1956 , at 8 :00 o' clock P. M. , there were present , E. • B. White, Mayor, George J. Durfey, Reginald K. Gheen, Howard B. Gill , C. R. Hollandsworth, C. R. Lytle .and Thelma J. Smoot, Councilmen. The Mayor absented himself from the meeting. The recorder not being present George J. Durfey acted as .Mayor and Reginald K. Gheen acted as Recorder. On motion duly made by C. •R. Lytel, seconded by Thelma J. Smoot, the following resolution was uanimously adopted : RESOLVED, that the Town Attorney, be, and he is hereby authorized and directed to negotiate for and on behalf of the Town of Leesburg, in Virginia, with the Mayor and Council of. - the Town of Fairfax, Fairfax County, Virginia, an agreement providing for the Town of Leesburg, in Virginia , the right to Cq purchase at cost filtrated water from the reservoir and filtra- tion plant which the Town of Fairfax proposes to build on Goose rr. Creek, Loudoun County, Virginia, in the event said reservoir and filtration plant are constructed and said agreement to provide that said water will be furnished to the Town of Lees- '-' burg on a gravity flow basis , and further, that in the construc- tion and operation of said dam and reservoir, the Town of Fair- fax shall not impede , but permit to the fullest extent possible, the natural flow of the waters of Goose Creek to riparians be- low the site of said dam along the water course of Goose Creek, and upon the negotiation of said agreement, report back to a special meeting of this Council to be held at 8 :00 P. M. on April 23, 1956. There being no further business , upon motion duly made, seconded and carried, Council adjourned. • IA( aa ,fit �..� :. der ^ /V i .f/r✓- - Sec der Pro-rem a Mayor C �j� • • SPECIAL APRIL 23, 1956 At a special meeting of the Mayor and Council of the Town of Leesburg, in Virginia, held in the Council Chamber on Mon- day, April 23, 1956 , at 8 :00 o' clock P. M. , "there were present, E. B. White, Mayor, Horace M. Hallett, Recorder, George J. Dur- fey, Reginald K. Gheen, Howard B. Gill , and C. R. Lytle, Council- men. The Mayor absented himself. Horace M. Hallett acted as Mayor and George J. Durfey acted as Temporary Recorder. Pursuant to the resolution adopted by the Council on April 17, 1956 , the Town Attorney, Howard W. Vesey, made his report of his negotiations with the Town of Fairfax incident to the use by the Town of Leesburg, in Virginia, of filtered water eminatisng from the filtration plant and reservoir which the Town of Fairfax proposes to construct on Goose Creek, Loudoun County, Virginia , some two and one-half miles above the point where said waters flow into the Potomac River. Mr. Vesey sub- mitted a draft of a proposed contract and outlined •its terms and the negotiations which he had conducted. Thereafter there followed a full discussion of said contract and the advisability of executing same. After full consideration thereof Mr. Gheen moved that the matter of the execution of the contract be tabled. The chair called for a second. There being no second the motion was de- clared to have failed because of lack of a second. 374 • Mr. Gheen thereupon moved that the adoption of the re- solution moved by Mr. Lytle be tabled. The chair called for a second to this motion and when none was made declared the motion to table to again have failed for lack of a second. Upon call ) for -the question the chair called for the yeas and nays and Coun- cilmen Durfey, Gill and Lytle voted in the affirmative, Council- .man Gheen voted in -the negative, which -declared the resolution . adopted. Thereafter Mr. Lytle moved the •adoption of the following resolution, which said motion was seconded by Mr. Howard B. Gill, and carried by a vote of three to one, Gill, Durfey and Lytle for, Gheen against, the following resolution was adopted : • Whereas , the present water supply of the Town of Leesburg comes from wells located in or near the Town; and whereas the level of the water table in the vicinity of the Town of Leesburg has gradually been lowering, thereby making the -water supply of the Town uncertain and at times inadequate , with this situation being expected to become worse rather than improve; -and , Whereas , it is essential, desirable and in the immediate future essential to the present and future health and welfare of the Town of Leesburg and its residents that a new source of water • supply be acquired and other related works and facilities be con- structed or acquired to supplement the existing Town water system and to assure to the Town and its inhabitants an adequate and cer- tain supply of water for present and future needs ; and , Whereas, the Town Council of the Town of Fairfax has se- lected the waters of Goose Creek as a feasible and practicable source of. water supply ; and proposes to construct a reservoir and filtration plant thereon and has offered the Town -of Leesburg, in Virginia, the right to connect its water mains to said filtration plant ; and, Whereas , in connection with the said project it is nec- essary that a dam be erected across Goose Creek for the purpose of creating_ a reservoir of water ; and whereas the' Town of Fair- fax has applied to the Circuit Court of Loudoun County for the required permission to erect the said dam ; - NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA, AS FOLLOWS : ( 1) - That it is hereby declared that the erection of a dam-as proposed by the Town of Fairfax across Goose Creek is a public necessity for the Town of Leesburg, in Virginia, and will serve an essential public convenience, in that a portion of .the -waters of Goose .Creek will be saved and conserved in the reser- voir created by the dam and stored for use when needed , such . storage being a ' necessity during dry seasons , and that the water so stored will insure .the water supply and fire protection of the, Towns of Leesburg and Fairfax, and of other areas and communities adjacent to the line. (2 ) ThaV the Mayor .and the Auditor-Treasurer, be , and . they are hereby . authorized and directed for and on behalf of the Town of Leesburg, in Virginia, to execute that certain contract dated April 23, 1956 , by and between the Town of Leesburg, in Virginia, and the Town of Fairfax , in Virginia, as read para- , graph by paragraph and duly considered by;'the Council of the Town of Leesburg, in Virginia, which is attached hereto -and made a part hereof. A.-G R E E M E N T THIS AGREEMENT made this day of April , 1956 , by and between the TOWN OF FAIRFAX, VIRGINIA, a body corporate, party of the first part, and the TOWN OF LEESBURG, VIRGINIA, a body corporate, party of the second part. ?7HEREAS , 'there'-it uncertainty as--to whether the present well water supply of the Town of Fairfax and. the Town of Lees- - I 35 burg will`,be ample: to take care of present or future needs ; and, WHEREAS, the serious consequences of a water shortage make it both desirable and necessary to take steps to insure an).ad- equate supply of water for future use and for fire protection, NOW, THEREFORE, THIS AGREEMENT WITNESSETH : 1. The Town of Fairfax will construct a dam at or in the immediate vicinity of the location shown on the plat of the area attached hereto and made a part of this agreement. Said Town will also construct a filter plant at an elevation of approximately 400 feet', as shown on the attached plat: The location and eleva- • tion of the filter plant shall be such as will enable the Town of Leesburg to be served by gravity, the said Town of Leesburg hav- ing an elevation of 350 feet. 2. A valve gate will be installed at the bottom of the pro- posed dam so that.in the event the water level falls below the top of the dam, this gate can be opened , except in cases of emer- C9 gency, to allow water to pass out through the bottom of the dam, - the amount of water going downstream to be related to the stream flow at such time above the dam so as to preserve as nearly as err ,Q possible the natural flow of said stream. The Town of Fairfax ,.� also agrees to arrange the construction of the dam so that nor- mal stream flow would be preserved during such construction. 3. The Town of Fairfax hereby agrees to permit the Town of Leesburg to connect to said filtration plant and to make filtered water available to the Town of Leesburg at a figure which is the cost of water to the Town of Fairfax, such cost to be ihcreased or decreased in accordance to an audit at five year periods. 4. The Town of Fairfax agrees not/provide water to pro- perties of installations West of Goose Creek and the Town of Leesburg 'agrees not to provide water to' an properties or instal- lations East of Goose Creek;' unless the Town of' Fairfax shall refuse or fail to offer to furnish water in said area in Loudoun County, in which event Leesburg may do so from its supply, pro- vided, however, that the Town of Fairfax, subject to the approval of the Town of Leesburg, may make water available to properties . and installations West of Goose Creek until such time as the Town of Leesburg, is able to provide such supply, at which time any. contracts covering such provision of water shall be assigned to the Town of Leesburg. 5. The Town of Leesburg also agrees that it will join in and support the application of the Town of Fairfax now pending in the Circuit Court of Loudoun County, for leave to erect a dam across Goose Creek, for the purpose of establishing the 'sourbe of water supply which is the subject of this agreement. IN WITNESS WHEREOF, the Town of Fairfax has caused these presents to be signed in its name and as its corporate act and deed by JOHN C. WOOD, Mayor, and its corpera.te seal to be here- unto affixed and attested by FRANCES L. COX, Town Clerk, pur- suant to a motion adopted by the affirmative vote of the Town Council of Fairfax andduly spread upon its Council minutes , and the Town of Leesburg has caused these presehts to be signed in its name and as its corporate act and deed by ELIJAH B. WHITE, Mayor, and its corporate seal to be hereunto affixed and attest- ed by HORACE M. HALLETT, Town Clerk, pursuant to Resolution adopted by the affirmative vote of the Town Council of Leesburg and duly spread upon its Council minutes. TOWN OF FAIRFAX, IN VIRGINIA • By Mayor ( (SEAL) )' • Attest : Town Clerk • 36 . TOWN OF LEESBURG, IN VIRGINIA By Mayor ( (SEAL) ) Attest : Town Clerk Upon motion of C. R. Lytle, 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 Virginia, that the Auditor-Treasurer, be , and he is hereby aithorized and directed to pay the following bill. Robert K. Wilson $100.00 There being no further business , upon motion duly made, seconded and carried, Council adjourned. iorderlfrøttiAb Mayor r im 44 . • SPECIAL APRIL 27 , 1956 ' At a special meeting of the Mayor and Council of the Town of Leesburg, in Virginia., held in the Council Chamber, Friday, • April 27th, at 12 :00 o' clock, noon, there were present,' E. B. White, Mayor, George J. Durfey, Howard B. Gill, C. R. Hollands- worth and C. R. Lytle , Councilmen. Due to the absence of the Recorder, and upon motion duly made, seconded and carried, George J. Durfey was elected to serve as Recorder Pro-Tem. Mayor White stated that the meeting had been called to consider bids for parking metersfar the town parking lot. There was only one bid submitted, which is as follows : 4/27/56 Town of Leesburg, Virginia Leesburg, Va . Gentlemen : We, the Koontz Equipment Corp. propose to furnish to the Town of Leesburg, Va. , Two Miller Model "60" parking meters at $66. 50, delivered , and installed. • Also , we propose to furnish forty (40) Miller Duplex park- ing meters at $126.00, delivered and installed. Payment to be . made according to contract. Trusting that we may be favored • with this business , we are Yours Truly, • KOONTZ EQUIPMENT CORP. By. . .. . . .. Representative And upon motion of Noward B. Gill, seconded by C. R. Lytle and unanimously carried, the following resolution was adopted :