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HomeMy Public PortalAbout1957_06_17SPEC 89 Council discussed the taking of water from Rock Spring and asked.the Town Attorney to draft an agreement in line with the views of Council. Upon motion of Reginald K. Gheen, seconded by C. R. Hollandsworth, aw-zi unaminously carried, Council instructed the Auditor-Treasurer to obtain bids for the construction of'Curb and Sidewalk for the following projects: Sidewalk, 3 ft. wide, and curbing on the North side of E. Royal St. beginning at the corner of King Street, East approximately 236 ft. to existing sidewalk on E. Royal Street, including repair of curb an additional 115 ft., ' approximately to Telephone Building property line. 3 ft. sidewalk and curb on West side of Church Street approximately 250 ft. from E. Royal Street to South Street. Repair and construction of sidewalk, 3 ft. wide, on South side of West Loudoun Street, from West side of Alley running between property of G. S. Myers, running west approximately 201 ft. to Fireman's Field, and necessary pipe to cover ditch west of Mitchell property a distance ofapproximately60 ft. to corner of Fireman's Field. C4 01 Upon motion duly made, seconded and carried/Council adjourned at 9;45 P.M. 4 • yor v��' A order Fro-tem SPECIAL - JUNE 17, 1957 At a special meeting of the Mayor and Council of the Town of Lees- burg, .in Virginia, held in the Council Chambers on Monday, June 17th, 1957, at 8 :00 o' clock, P. M. there were present, E. B. White, Mayor, Horace M. Hallett , Recorder, George J. Durfey, Reginald K. Gheen, C. R. % Hollandsworth and Mae Bass Mitchell. Upon motion of Reginald K. Gheen, seconded by George J. Durfey and unanimously carried, the following resolution was adopted : - Whereas, the following proposed budget was presented to Council on May 13, 1957 , and the same was published in a newspaper published in,the Town of Leesburg, and every citizen was given an opportunity to _express his views regarding this budget at a special meeting of the Council of the Town of Leesburg on June 3, 1957, and no objections were made thereto by any citizen of the Town of Leesburg. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Lees- burg, in Virginia, that the said proposed budget be , and the same is hereby adopted. PROPOSED BUDGET TOWN OF LEESBURG, IN VIRGINIA • Statement Showing Estimated Receipts & Disburse- tents July 1, 1956 - June 30, 1957 and July 1, • 1957 to June 30,4,1958 RECEIPTS : REVENUE REVENUE Estimated Estimated 1957 1958 LOOAL TAXES : General Property .Taxes $21,016.88 $21,100.00 Bank Stock Tax 10,169.90 10,500.00 LICENSES & PERMITS : Business & Professional Licenses 8,300.00 8,400.00 Motor Vehicle Registration None 4,000.00 90. ' FINES & FORFEITURES : Mayor' s Court 1 ,955.25 2,000.00 REVENUE FROM USE & MONEY & PROPERTY: Rents - None None Rental of Equipment 232:00 ' 200.00 Parking Meters • 7,542.39 7,600.00 REVENUE FROM OTHER AGENCIES: A. B. C. Profits 5,022.35 5,100.00 Rolling Stock Tax 5.00 5.00 Boxing & Wrestling Shows None None I . CHARGES FOR CURRENT SERVICES: Plat Fees 208.00 250.00 Water Service 31,531.95 33,000.00 Water Connection Charges 350.74 500.00 Sewer Connection Charges 50.00 100.00 SALES OF SERVICE COMMODITIES & PROPERTIES: Sale of Town Hall None None Sale of Materials & Supplies None None Sale of Land to Hospital 4,286.02 None MISCELLANEOUS REVENUES: Refunds Gasoline Tax 324.13 325.00 Refunds Insurance Premiums None None Refunds Other 61.65 75.00 Insurance Recoveries -. None None • TOTALS $91,056.26 $93,155.00 DISBURSEMENTS: ADMINISTRATION: II. Torn Council $ 8,845.73 $ 9,900.00 Office of. Mayor . . . . 450.00 475.00 Office of Torn Recorder . . 226.00 -'225.00. Office of Town Attorney . - 100.00 100.00 TOTALS $ 9,621.73 $10,700.00 COLLECTIONS OF TAXES & OTHER RECEIPTS: Office of Town Treasurer $ 7,115.36 $ 7,300.00 PROTECTION OF PERSONS & PROPERTY: Policing & Investigating $11,609.76 $12,000.00 Confinement & Care of Prisoners 432.95 500.00 Fire Control, Prevention & Extinction -?)778.91 2,000.00 TOTALS . $14,821.62 $14,500.00 CONSERVATION OF HEALTH: Maintenance & Operation of Sewerage System $:2,527:97 ' $ 2,700.00 FJBLIC WORKS-WATER DEBIRTMENT: • Maintenance & Operation of Water System 4,119.30 4,500.00 PROMOTION OF CLEANLINESS: Refuse Disposal 9,048.19 9,200.00 EUILDINGS & GROUNDS: I Maintenance & Operation of Buildings & Grounds 593.84 500.00 HIGHWAYS: Street Inspection, Repairs & Maintenance $ 8,174.63 $10,000.00 Street Lighting . 2,541.71 3,000.00 • • TOTALS • . $10,716.34 $13,000.00 EDUCATION: - Payment to County for Schools $ 3,389.66 $ 3,500.00 01 ELECTIONS: Payment of Election Officials 100.00 None MISCELLANEOUS OPERATING FUNCTICNS: Employer's F. I. C. A. Contributions 595.35 600.00 Total Operating Expenses $62,649.36 . $56,500.00 I CAPITAL OUTLAY: Collection of Taxes & Other Receipts Furniture & Fixtures None None • CONSERVATION OF HEALTH: Sewer Line Extension - 4,416.56 None TOTALS 34,416.56 None PROTECTION OF PERSONS & PROPERTY: Policing & Investigating None 2,500.00 FUHLIC WORKS - WATER DEFT: Cr: Water Line Extension 10,046.06 None C Additional Well None 3,500.00 Transfer to Water & Sewer Construction Fund 2,330.72 None $12,376.78 $ 6,000.00 BUILDINGS & GROUNDS: - -Land 4,000.00 None Parking Lot Paving 3,460.00 None Equipment 304.11 None Improvements to Building None None S 7,764.51 :None HIGHWAYS: IIStreets, Sidewalks, Curbs & Gutters $ 725.0010,000.00 Equipment None None Parking Meters 1,492.07 2,000.00 • $ .2,217.07 $2,000.00 DEBT SERVICE: - Redemption of Debt $ 5,000.00 $ 5,000.00 Interest on Bonds 412.50 375.00 Interest on Town Hall Water ' None None Total Debt Service $ 5,412.50 $ 5,375.00 GRAND TOTALS $94,836.78 $89,875.00 SEWER AND WATER REVENUE BONDS - DEBT FUND: Receipts $11,421.66 ",x11,500.00 DISBURSEMENTS: Redemption of Debt 4,000.00 4,000.00 Interest 4�320.00 4)212.00 ii, 8,320.00 $ 8,212.00 , • Upon motion of Reginald K. Gheen seconded by Howard B. Gill and unanimously carried the following resolution was adopted: I WHEREAS, the Town of Leesburg, in Virginia, has heretofore and is now using water ! I from two springs known as Rock .Springs and Lower -Rock Springs located on the lands commonly known as "Rock Springs Farm," formerly owned by Mrs. rlorence R. Harrison and now owned by Mrs. Lucy G. diZerega, located on the South side of Loudoun Street in Leesburg, Loudoun County, Virginia, adjoining the Corporate limits of the Town of Leesburg near their Western terminus; and, WHEREAS, no agreement has ever been executed by the Town of Leesburg, in Vir- ginia, and Mrs. Florence R. Harrison in accordance with the terms of the resolution passed by the Council for the Town of Leesburg, in Virginia, on June 27, 1932, as • shown in the minutes of a Council meeting held on May 9, 1932, and recorded on Page 427 of the Minute Book of the Town of Leesburg, in Virginia, and none exists be- tween said Town and Mrs. Lucy G. diZerega; and, at,, . • WHEREAS, the Town of Leesburg, in Virginia, has valuable personal property located on said lands; and, • WHEREAS, it is the desire of the Council of the Town of Leesburg, in Virginia, to .enter into a firm.agi•eement for obtaining water from the .springs owned by the said Mrs. Lucy G. diZerega; and, WHEREAS, a proposed agreement has this day been submitted to the Town Council of the Town of Leesburg, in Virginia, which said agreement was read in full, para- graph by paragraph, NOW, THEREFORE, BE IT RESOLVED,by the Council of the Town of Leesburg, in Virginia, this 17th day of June, 1957, that the Mayor of the down of Leesburg, in Virginia, be and he is hereby authorized and directed for and in behalf of the Town of Leesburg, in Virginia, to execute that certain agreement dated June 17, 1957, between the Town of Leesburg, in Virginia, and Mrs. Lucy G. diZerega, Leesburg, Virginia, which reads as follows: THIS AGREEMENT, made and entered into this 17th day of June, 1957 by and be- tween MRS. FLORENCE R. HARRISON, Widow, Leesburg, Virginia, Party of the First Part; MRS. LUCY G. diZEREGA, Leesburg, Virginia, Party of the Second Part; and THE TOWN OF IE ESBURG, IN VIRGINIA, a municipal corporation existing by virtue of a charter issued by the Commonwealth of Virginia, Party of the Third Part, WITNESSETH : WHEREAS, on June 27, 1932, it was reported to the Mayor and the Council of the Town of Leesburg that Mrs. Florence R. Harrison would accept the sum of One Hundred Fifty Dollars ($150.00) per year and the furnishing of water for her houses in the Town of Leesburg and.her two houses near the Town Branch near the Western Corporate limits of the Town of Leesburg, from the Party of the Third Part beginning June 1, 1932, payment to be made quarterly, all to be more particularly set forth in a certain contract to be executed by the Parties and to be drawn up by the Mayor; and, WHEREAS, no contract has ever been drawn up, submitted to the Party of the First Part, or executed by the Parties hereto in accordance with the understanding • aforesaid; and, • • WHEREAS, the said Mrs. Florence R. Harrison has heretofore on September 6, 1956, transferred by deed, said property to the said Mrs. Lucy G. diZerega; and, 4iEREAS, the Parties hereto desire to determine their respective rights, duties and obligations incident to the use of the waters eminating from springs on the property of the Party of the First Part, and the furnishing of water to the Party of the Third Part by the Party of the Second Part; ' NOW, THEREFORE, 'THIS AGREEMENT: For and in consideration of the sum of Ten Dollars ($1.0.00) in hand paid by each Party hereto tb -the other prior to the ensealing of this agreement, the re- ceipt of which is hereby acknowledged, and as further consideration the mutual promises, covenants, agreements and undertakings hereinafter set forth, it is a- greed by and between -the Parties hereto as follows: (1) The Party of the Second Part by these presents hereby agrees to permit the Party of the Third Part to enter upon the lands of the Party of the Second Part, the same being the lands commonly known and referred to as "Rock Springs Farm" lying near the Western limits of the Town of Leesburg, in Virginia, on the South side of Loudoun Street, for the purpose of laying, constructing and maintaining water lines and other water facilities in order to obtain water from the two springs on said property; commonly known as "Rock Springs" and "Lower Rock Springs, " under the terms and conditions of Paragraph Four (b) hereof. (2) It is agreed by and between the Parties hereto that during the existence of this agreement the Party of the Third Part shall have the right to take such quantity of water from the springs mentioned in Paragraph (1) above as the Party . of the Third Part shall desire or deem necessary. (3) It is agreed by and between the Parties hereto that the Party of the Third Part, during the existence of this agreement, shall maintain all said water lines or water facilities erected, placed or constructed on the lands of the Party of the Second Part, her successors or assigns, in .a safe condition; that is to say, 93` so as not to endanger the use of said property by the Party of the Second Part, her guests, invitees, or by her livestock kept on said property, and the Party of the Third Part hereby covenants and agrees that it will so use and maintain said water lines and facilities so as not to waste said water, or to permit the con- tinuing waste of said water through the breaking of mains, connections or valves and thereby causing swamp like areas to develop on the property of the Party of the Second Part during its use as hereinabove set forth by the Party of the Third Part. (D) It is agreed by and between the Parties hereto as follows: (a) That the Party of the Third Part shall have the right to take, free of any charge or payment therefor, such amount of water as it shall deem expedient or necessary from the springs on•the lands of the Party of the Second Part for Town purposes. • (b) . That the Party of the Third Part shall furnish and supply, free of any'•charge or claim of payment therefor, Town water to the Party of the Second Part for domestic and dairy purposes, such water to be supplied to the Party of the Second Part through the present water meter at the connecting point with the • , water lines of the Party of the Second Part. M ' L Y CI (c) The Party of the Third Part, during the period of this agreement, shall keep an accurate record of all water taken by it from the springs of the ... Party of the Second Part, and an accurate record of all water supplied the Party of the Second Part. (d) That it is the purpose of this agreement to determine the amount of water used by each Party hereto during the ensuing year, to the end that a fair agreement may hereinafter be entered into providing for the purchase of water by each Party, and to this end it is further agreed and understood that each Party hereto cancels, relinquishes and forever quit-claims to the other, any and all claims Which it may have for compensation of any kind or character for services heretofore performed, or water furnished as of June 15, 1957. • (e) It is further agreed and understood that upon the termination of this agreement the Party of the Third Part shall have the right to remove any and all pipes, pumps and other water service facilities owned by it from the premises of_the Party of the Second Part within thirty (30) days from such termination date, and shall have the right of ingress and egress across the lands of the Party of the Second Part for such purpose. (5) It is agreed by and between the Parties hereto, and by these presents the Parties hereto affirm, ratify and confirm that the Party of the Second Part will not during the existence of this agreement, claim any title to the property of the Party of the Third Part now located on the property of the. Party of the Second Part, -or to any property hereafter located on the property of the Party of the Second Part by the Party of the Third Part, and the Party o£'-the Third Part hereby agrees not to claim any right, title or interest by virtue of this agreement or any other agree- , ment of any kind or character, to any. of:the property, real or personal, of the Party of the Second Part within the confines of the boundaries of the lands known as "Rock Springs Farm." • (6) It is agreed by and between the Parties hereto that this agreement is a full and complete agreement and understanding between the Parties hereto and any and -all other agreements, understandings, commitments or undertakings of any kind or character heretofore entered into, executed or contracted for, are hereby cancelled, abrogated and annulled. (7) This agreement shall become effective as of June 15, 1957 and shall con- tinue in full force and effect until June 15, 1958, but it is hereby agreed by and between the Parties hereto that this agreement may be renewed by the Party of the ' Third Part on a year to year basis upon the giving of written notice on or before forty-five (45) days prior to the date of expiration of this agreement, or any re- newal thereof. 94 WITNESS our hands and seals this day of June, 1957. (SEAL) rlorence H. Harrison • Party of the First Part (SEAL) Lucy G. dizerega Party of the Second Part THE TOWN OF LEESRJR3, IN VIRGINIA By Mayor Attest Party of the Third Part Recorder The Council authorized the Town's Attorney to take necessary steps to start negotiations for a contract for the purchase of the well located in the Eastern section of the Town of Leesburg, owned by Phillips and Nickels and the well to the South of Leesburg, owned by Claude Honican. There being no further business, upon motion being duly made and seconded and carried the Council adjourned. Cei Mayor •J, 1/fV aA Recorder WAIVER OF NOTICE OF MEETING OF A SPECIAL MEETING OF THE TOWN COUNCIL OF THE TOWN OF LEESJAJRG, IN VIRGINIA We, the undersigned, being members of the Town Council of the Town of Leesburg, in Virginia, do hereby severally waive all of the statutory requirements as to notice of time, place and purpose of a special meeting of the Town Council, and • consent that the meeting shall be held in the Council Chambers of the <Town Council at 7:30 o'clock, July 5, 1957, for the purpose of determining the future policy of the Town with respect to the extension of water and sewer mains and laterals, and construction of sidewalks. Dated: July 5, 1957, p