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.
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01 Upon motion duly made, seconded and carried/Council adjourned at
9;45 P.M.
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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
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Statement Showing Estimated Receipts & Disburse-
tents July 1, 1956 - June 30, 1957 and July 1,
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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
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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
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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
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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 ,
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Upon motion of Reginald K. Gheen seconded by Howard B. Gill and unanimously
carried the following resolution was adopted:
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WHEREAS, the Town of Leesburg, in Virginia, has heretofore and is now using water !
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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,,
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WHEREAS, the Town of Leesburg, in Virginia, has valuable personal property
located on said lands; and,
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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
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aforesaid; and,
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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.
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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.
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(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."
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(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.
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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