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HomeMy Public PortalAbout1958_06_03SPEC 16W SIS CIAL MEETING, June 3, 1958 At a special meeting of the Council of the Town of Leesburg, in Virginia, held June 3, 1958 at 7 : 30 P. M. in Council Chambers, there were present : George J. Durfey, Mayor ; Elinor M. Cunningham, Recorder; Howard B. Gill, Mae Bass Mitchell, Oden Semones, J. Austin Wright and Reed Johnson arriving late . Councilman Hollandsworth was absent due to hospitalization. The Mayor stated that the purpose of this meeting was to hear all interested citizens of the Town with respect to their views as to the amendments to the Subdivision Ordinance for the Town of Leesburg. Upon motion of Mr. Wright , seconded by Mrs . Mitchell, the following resolution was adopted: -1. • Ct. N WHEREAS, notice of proposed amendments to the Subdivision M Ordinance for the Town of Leesburg was published for two successive weeks in THE LOUDOUN TIMES MIRROR, a newspaper published in Leesburg, et Q Virginia; and, WHEREAS, notice of the proposed amendments was sent to the Chairman of the Board of Supervisors of Loudoun Ccu my on June 2, 1958, pursuant to Section 15-786 of the Code of Virginia of 1950; and, WHEREAS, the Board of Supervisors advised the Mayor for the Town of Leesburg that inasmuch as the County has not approved the original ordinance , it was not in a position to approve or disapprove amendments to the same ; and, WHEREAS, the public hearing on the proposed amendments was held on June 3, 1958 at 7 :30 P . M. at the Town Office Building pursuant to the public notice and fourteen days after the second publication of the notice, as aforesaid; THEREFORE, BE IT ORDAINED by the Town Council for Leesburg, Virginia, that the Subdivision Ordinance for the Town of Leesourg, Virginia, adopted August 15, 1955, be and the same hereby is amended to be effective at 12:01 A M. EST the 4th of June , 1958, as follows : Section II-A by striking out the word "four" in the first line and inserting in lieu thereof the word "eight. " • The second unnumbered paragraph on Page 5 of the present printed Subdivision Ordinance to read as follows: "Before approving arpreliminary plat, the Commission shall consult with the Department of Highways Engineer for Loudoun County, the Health Officer for Loudoun County, and the Town Attorney for the Town of Leesburg.." The first unnumbered paragraph on Page 7 of the present printed Subdivision Ordinance by striking out the word "one" and inserting in lieu thereof the word "four" (4) and the last sentence of the first unnumbered paragraph on Page 7 of the present printed Subdivision Ordinance by striking out the words "Auditor-Treasurer" and inserting in lieu thereof the words "Zoning Administrator" , and adding a new sentence to read as follows : "In -addition, one plat shall also be filed with the Commissioner of Revenue of Loudoun County within thirty ( 30) days of recordation of said plat. " 17 Section III-A-6: by striking therefrom the figure "40" and inserting in lieu thereof' the word "fifty. " Section IV-A-4: . by adding thereto the words "curbs, and gutters" , so that Section IV-A-4 shall read as folloHs : "Drains, culverts, curbs, gutters, ditches, catch basins, or any other facilities for the proper • drainage and disposal of surface waters from or across all streets and adjoining properties, as approved by the Resident Engineer, Department of Highways . " The first paragraph of Section VI by elimination the words "Auditor-Treasurer" in the first line of said paragraph and in- serting in lieu thereof the words "Zoning Administrator . " Upon motion of Mrs . Mitchell, seconded by Mr. Wright and unanimously carried, the.:following resolution was adopted: WHEREAS, the Town of Leesburg, in Virginia, entered into an agreement with the Loudoun County School Board dated April 24, 1958 with respect to the construction of a water and sewer line to serve the Douglass Elementary School and the Douglass Higr School, which agreement and undertaking appears on Pages 151, 152 and 153 of these minttes and is incorporated in these minutes as if fully set forth herein; and, WHEREAS, the Perry Engineering Company, Incorporated of Winchester , Virginia, was the low bidder for such construction as aforementioned; NOW, THEREFORE, BE IT RESOLVED that the Contract between the Berry Engineering Company, Incorporated and the Town of Leesburg in Virginia, be and it is hereby accepted in form as ' follows: CONTRACT THIS CONTRACT, made es of this 14th day of May, 1958, by and between PERRY ENGINEERING COMPANY, INCORPORATED, a Virginia corporation with its principal office located one mile Easttof Route No. 50, Winc}tiester, Virginia, P. 0. Box 298, hereinafter called the " Contractor, " and THE TOWN OP LEESBURG, IN VIRGINIA, a municipal corporation, hereinafter called the "Owner . " WITNESSETH : That the Contractor and the Owner, for the hereinafter named consideration, do agree as follows : ( 1) The Contractor shall furnish all of the materials and perform 11 of the work called for by the plans and specifications , which plans and specifications are as fully a part hereof, and said plans are attached hereto marked Exhibit A, the same beirg the plat of Warren C. Perrow, Consulting Engineer, Richmond, Vir- ginia, of the "Proposed Water and Sanitary Sewer Extensions to service Douglass Elementary School, Leesburg, Virginia , dated Mardh 10, 1958, as revised May 5, 1958, and the specifications • prepared by Warren C. Perrow, Consulting Engineer, together with all addendas and bulletins incident thereto. (2) The advertisement for bids by the Town of Leesburg, in Virginia, information to bidders, the accepted .proposal , general conditions, performance bond and the above enumerated plans and specifications are hereby made a part of this contract to the same extent as if incorporated herein in full. • (3) The Contractor shall commence the work to be performed under this Contract in accordance with his accepted proposal , and in any event on such date as shall be specified in writing by the Owner and shall fully complete all work hereunder within sixty ( 60) days (consecutive calendar days) from and including the day of May 16, 1958. ( 4) The Contractor is to keep in repair f'ar twelve months after date of final acceptance of the entire work embraced in this contract and is to replace any defective work, and upon his failure to do so, such repairs may be made and such defective work replaced by the Owner at the cost of the Contractor, who agrees to pay for same . ( 5) The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided in the specifications and proposals, in current funds as follows : N • ( a) Ninety Per Cent (90%) of the cost of all materials in- t, stalled and used and all labor furnished within ten (10) days after receipt of invoice showing work done for the preceding calendar ct month. (b) The Contractor shall receive for the performance of all of the work under this contract a total sum of Seventeen Thousand Seveh Hundred Sixty Five Dollars and Forty Eight Cents ($17, 765. 48) , and for said sum the Contractor shall perform the work as shone on Exhibit A attached hereto, the same being as follows : Item I - 10 inch sewer extension as shown on Exhibit A. as per Contractor ' s bid of $6182.57. Item II - 6 inch water main in Parker Road and in Route No. 7, all as shown on Exhibit A, the same being for a distance of 1413 linear feet, and in connection therewith, the Contractor shall provide the additional fittings, making the total overall cost in said Item II, $7921.30 complete for all of said line and the aforesaid fittings . Item III - 6 inch cast iron water main in Route No . 643 fro m end of 8 inch main in Route 7 as shown on Exhibit A, the sans being for a linear distance of 613 feet, at a cost of $3661.61, it being understood that the hydrant complete with tee and valve and one 6 inch plug shall be installed in the 8 inch water line in Parker Road at a place to be determined by the Owner . ( c) Extra allowances for unforeseen conditions at Fifteen Dollars (',x15.00) per cubic yard for rock excavation, and. Two Dollars • ($2.00) per dubic yard for earth trench excavation, as provided for in Paragraph (4) (a) and (4) (b) of the Contractor' s bid, shall apply in this contract. ( 6) In addition to the aforesaid, it is agreed by and between the Parties hereto that the Contractor shall install two additional hydrants at 6363.75 each, including necessary fittings , valves and five foot length pipes for the total sum of $727 .50, at such locations as shall be specified by Owner; and, it is further agreed that the Contractor shall furnish all necessary equipment, labor and materials to install approximately 410 feet of 3 inch galvanized pipe from the value to be installed by the Town of Leesburg at the rate of $2.33 per foot , the same being to provide for a 3 inch galvanized water line from the 6 inch water line shown on Exhibit A to the new Douglass Elementary School, at an estimated distance of 235 feet and 175 feet of 3 inch galvanized line at a cost of $2. 33 per foot from the hydrant on Route No. 7 opposite the Douglass High. School to said school; and it is agreed that the total cost of furnishing and installingsaid 3 inch galvanized lines shall ce $955.30 and the total cost of all additional work and materials under this paragraph No. (6) shall be performed by the Contractor for the total overall sum of $1682.80 . I72 • (7) The full and final payment on account of this contract, the same being $19,448.32 comprising the contract sum of $17,765.48 in Paragraph (5) (a) and 51682.80 in Paragraph (6) hereof, shall be made within thirty (30) days after the final completion and acceptance by the Owner of all said work covered by this Contract, but it is further understood that before final payment shall be made the Contractor shall submit evidence satisfactory to the Owner that all payrolls, material bills and other indebtedness connected With the work have been paid. IN WITNESS WHEREOF, the Parties have executed the contract the day and year first above written in four counterparts, each of which shall, without proof of the accounting for the other counterpart, be deemed an original contract. PERRY ENGINEERING COMPANY, INCORPORATED • • By ( ( SEAL) ) President Attest : • Contractor Secretary TOP LEESBURGa VIRGINIA • • / Mayor / 1/ ( (SEAL) ) Owner Attest : . M . atAr-44-61A---, Recorder Howard W. Vesey, Esquire then discussed the problems con- cerning Mr. L. W. Parker dedicating twenty feet on Parker Road to the Town of Leesburg and also the matter of the building of sidewalks at the George Jasdn Corporation Subdivision. Mr . Vesey advised that he would take 'up both matters with the respective individuals to the end that these matters could be resolved satisfactorily to the interests of the Town as well as the individuals . The Plumbing Code was again discussed by the Town Attorney . Upon motion of Mr. Gill, seconded by Mrs . Mitchell, Gill , Mitchell Voting for and Johnson, Semones and Wright. voting against, the Pluumbing,;CodeJfor- ther:Townrpf•Leesburg was rejected. It was suggested that the Mayor appoint a Committee to work with Mr. Martin and try to arrive at a Plumbing Code ac- ceptable to all members of the Council. Upon motion of Mr. Gill, seconded by Mr. Wright and unanim- ously adopted, it was: - • RESOLVED, That the Town Attorney be and he hereby is directed to confer with the Town Planning Commission and with the proper officials for the County of Loudoun with respect to the two mile jurisdiction question insofar as it involves sub- division control and to report back to the Council the re- commendations and decisions reached. ' Upon motion of Mr. Gill, seconded by Mr. Wright , and unanim- ously carried, the?meeting adjourned. • Recorder /, 4.. . • $