HomeMy Public PortalAbout1958_01_14SPEC 209
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William W. Nickels on Evergreen Road.
There being no further business to come before the meeting ,
the meeting upon motion duly made,
adjourned. '- ^-
Recorder
ecorder
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REGULAR MEETING, JANUARY 12, 1959
At a regular meeting of the Council of the Town of Leesburg,
in Virginia; held January 12, 1959 at 7: 300P: M. in Council chambers,
N there were present: George J. Durfey, Mayor ; Elinor M. Cunningham ,
Cr: . Recorder; Howard B. Gill and Mae Bass Mitchell, Councilmen .
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C. Due to the fact that two-thirds of the elected members of the
„<,, Council were not present, as authorized by the charter of the Town
of Leesburg, the meeting was upon motion duly made and seconded,
adjourned.
Recor. er
/ az or
' SIE CIA? MEETING , JANUARY 13, 1959 •
At a special meeting of the Council of the Town of Leesburg,
in Virginia, held January 13, 1959 at 12:00 Noon in Council Chambers ,
there were present: George J. Durfey, Mayor ; Elinor M. CunninFbam,
Recorder; Howard B. Gill and Mae' Bass Mitchell, Councilmen .
Due to the fact that two- thirds__of the elected menbera of the
Council were not present, as authorized by the Charter of the Town
of Leesburg, the meeting was upon motion duly made and seconded,
adjourned.
Recorder
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qday .
WAIVER OP NOTICE OF
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SPECIAL "EETIT G
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JANUARY 14, 1959
We, the undersigned, being members of the Town Council of the
Town of Leesburg, in Virginia , do' severally ;pat ve all o f the
statutory requirements as to notice of time, place and _purpose of
a •Soecial Meeting of the Town Coun :i1 and consent that the meeting
shall oe held in the Council Chambers 'of the Town Council at 7: 30
o' clock P . T. . , Wednesday , January 14, 1959, for the put-pose of up-
proving the monthly bills now pa.-t 'rue and jsy7.ble and any other
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emergency matters .
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January 14 , 1959
C. Meloy Fishback
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Howard 3, Gill
Reed Johnson
Mae B. Mitchell
Oden K. Semones
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J. Austin -'fright
SPECIAL MEETING, January 14, 1959
At a special meeting of the Council of the Town of Leesburg,
in Virginia, held January 14, 1959, in Council chambers, pursuant
to a written waiver of notice which appears immediately preceding
the minutes of this meeting, there were present : George J. Durfey ,
Mayor ; Elinor- M. Cunningham, Recorder; C . Meloy Fish back, Howard
B. Gill, Reed •Johnson; Mae Bass Mitchell ; Oden Semones and J.
Austin Wright, being all of the Councilmen .
The Auditor-Treasurer presented his financial statement and
Special Sewer Debt fund for the month of December, and the annual
report for the calendar. year 1958 .
Upon motion of Mrs . Mitchell, seconded by Mr . Wright and
unanimously carried, the following resolution was adopted:
WHEREAS, the Auditor-Treasurer has presented a report of
all receipts and disbursements for the quarter ending December
31, 1958 ;
NOW , THEREFORE, BE IT RESOLVJED, by the Council of the Town
of Leesburg, ib Virginil be 7ia0 `MTVe—y authorized and -
directed to have a copy of said report published in a newspaper
in said Town and also to post a copy in front of the Court House •
in said Town.
The Auditor-Treasurer then presented the bills for the
month of Decemoer, 1958, and uJon motion of Mr . Semones, seconded
by Mr . Wright, the following resolution was unanimously adopted:
RESOLVED, That the Auditor-Treasurer be and he is hereby
authorized and directed to pay the following bills : •
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Virginia Electric & Power Co 5433 .06
C. £c P. Telephone Co. of \ia 76 .20
H ankey' s Radio Service • 8.00
James M. Racey 61 .00
L. S. Hutchison Esso Stations 25. 78
J. S. Whitmore . . 5.66
Newton & Kau fman . . .75
Plaster's Clothing Store 9 .95
Village 66 Sercice 4 .50
Moore, Clemens & Co lO.OD
Loudoun Packing Co. Inc 44 .47
Community Oil Co . Inc 132. 48
119. 04
McDonald & Jenkins
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J. T. Hirst & Co. Inc 3. 94
Sou thern States, Leesburg Petroleum 19.00
Armfield, Harrison & Thomas 281.75
Leesburg Hardware 13. 65
• Leesburg Motors, Inc 36.50
. Commonwealth of. Virginia 296. 12
- . Loudoun Distributing Co. Inc 64. 71
George W. Titus, Treasurer Loudoun County 39.85
Raymond R. Rodrick, Distributor 137. 15
Diamond Alkali Company 26.25
Phipps & Bird, Inc 19.32
Highway Machinery & ;supply Co. Inc 70 .00
Building, Plumbing & Electrical Offical Con. ofVa5.00
Loudoun Times Publishing Co 4 .00
Bill & Bill!-s Auto Service 6.63
Total $ 1954 .76
The Mayor then presented the subject of license tags to be
Cq purchased by the Town of Leesburg for sale to the citizens of '
01 the Town. He advised that Mr . J. T. FIirst, a member of the Board
C' of Supervisors for Loudoun County, had suggested that the Town of
Leesburg contribute the money derived from the sale of the Incense
.-, tags to the County for the purpose of buiMing the net; County
Office building. It was the opinion of the Council that the
revenue derived from the - sale of said tags should be used by the
Town toodefrayits expenses .
Upon motion of Mr . Wright, seconded by Mr. Johnson, and
unanimously carried, it was : .
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RESOLVED, . That the Auditor-Treasurer be and he is hereby
authoriz ed and directed to order license tags for the Twin of
Leesburg; and,
BE IT FURTHER RESOLVED, That the Auditor-Treasurer be and
he hereby is authorized and directed to order at least twenty five
or more Town of Leesburg license tags, pursuant to the request of
the Leesburg Volunteer Fire Company, the same to be red and white,
' which said license tags - would be purchased by the Leesburg Firemen.
The Mayor presented a letter from Mr. Grayson A. Ahalt, with
respect to Monroe Manor and the Town of Leesburg. The letter is
as follows :
December 23, 1958
George M. Martin, Esquire
Attorney for Town of Leesburg
Leesburg, Virginia
Dear Mr. Martin:
In re : Monroe Manor Sewer Line
I refer to our conversation in Leesburg last week with reference •
to the sewer line in Monroe Manor Subdivision.
I am enclosing herewith agreement, in duplicate which I be-
lieve is in accordance with terms of the agreement ahade between
the Town and Monroe Manor Corporation. •
Thiscagreement is submitted with the understanding that the
Town shall pay the twopower bills now due for electricity used at
1 the pumping station. We have decided to comply with your suggestion
for the widening of the easement adjoining Lot No. 24 because we
think the extra width is needed by the Town .
In view of the fact that the Town receives revenues far use
of the- sewer line, it seems fair and equitable tle Town should
pay the two current bills .
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'Ai th reference to construction of the streets, -as stated
in our conversation, Monroe Manor contracted with Mr. Howard W.
Speaks to build the streets in accordance with the Town'
ordinances and to meet v.ith the approval of the Dis trict High-
way Engineer. On completion of this work , we were assured
that the work had been performed in accordance with such re -
quirements and that approval thereof had been obtained from
the District Highway engineer. However, you have my per-
mission to contact Mr. Speaks about this matter.
We hope the Town will find the agreement to be satisfactory .
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With kind regards, I am _ •
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Yours very truly ,
/s/ Grayson A. AHALT
Grayson A. Ahalt
J Upom motion of Mr. Johnson, s econded by Mr. Fishback , and
u nanimously carried, the following resolution was adopted: •
RESOLVED, by the Council for the Town of Leesburg that the
• Town of Leesburg pay the electricity bill referred to in the above
mentioned letter from Mr. Ahalt, which said bill is for• electricity
used at the pumping station in Monroe Manor ; and,
BE IT FURTPER RESOLVED, that the sever line in Monroe Manor
be accepted by the Town of Leesburg under the conditions spelled
out in the aforementioned letter from Mr. Ahalt : and,
BE IT FURTHER RESOLVED, that the Mayor is hereby instructed •
and directed to execute the agreement between Monroe Manor and
the Town ofLeesburg, in Virginia; and the Recorder for the
Town of Leesburg is hereby instructed and directed to execute
said agreement and to 'affix the seal of the said Town ; and,
BE IT FURTHER RESOLVED, That the Mayor be and he is hereby
instructed and directed to have the said agreement recorded in
the Clerk' s Office for the Circuit Court of Loudoun County .
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The aforesaid agreement is as follows :
THIS AGREEMENT made this 20th day of December, 1958 between
Monroe Manor Corporation; a Virginia corporation, party of the
first part, and the Town of Leesburg, in Virginia , a municipal
corporation, Party of the second part .
WITNESSETH :
(1) That by writing dated October 4, 1954, conditioned
upon the approval of the . Council of said Town, Monroe Manor
Corporation and the Mayor , acting on behalf of Said Town,
entered into an agreement whereby Monroe Manor was to criplete
on its subdivision, at its own cost. and expense andil:n ac-
cordance with plans and specifications made a part of said
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agreement, a sewerage pumping station and a main trunk sewer
line to connect with the Town' s sewage system and turn over to
. the Town the pumping station and trunk sewer line free of all
liens and encumbrances and that upon approval of sa id pro je cts
by Perrow and Brockenborough, Engineers, -Richmond, Virginia,
the Town ti:ould accept the pumping station and. trunk sewer line
and v. ould be liable for the maintenance and operat ion thereof,
including cost of power for the pumping station, but Monroe
Manor Corporation would continue to be liable for maintenance
of the sewage dumps and for -damages to" any party by reason of
their "failure or faulty performance .
(2 ) That it has been brought to the attention of theTown '
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that the 10-foot easement for the trunk line through Lot No. 24
of said Subdivision is not sufficient in width and that Wonroe
Manor Corporation is willing to ;rant an easement over its aid=
joining land in order that the Town shall have an easement twen ty
feet in widt" at this location of the sewer trunk line .
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(3) That the parties hereto have agreed that the transfer '
of overship of the sewer pumps and sewer trunk line and the
conditions under which the transfer thereof should be in writing.
NO,° , THEREFORE, THIS AGREEMENT ': ITNESSET5J: That for and in
consideration of the sum of One Dollar (81.00) by each cf tie
parties paid to the other at and before the sealing ant delivery
of this writing, receipt whereof is hereby severally acknowledged,
the parties agree each with the other as follows :
( a): Monroe Manor Corporation hereby sells , transfers,
assigns , conveys and delivers unto the Town of Leesburg, in Vir-
ginia, all its right , title and interest in and to the main
trunk sewage line and sewer pumps :which are naw laid and installed
in Monroe Manor Subdivision in said Town, a s• shown on plat made
by Carson V. Carlisle , C . L. S. , dated June 7, 1954.
(b) The Town of Leesburg, in Virginia, hereby accepts
and becomes owner of the sewer pumps and main trunk sewage line
located and installed as aforesaid and said Town is and shall be
M, liable for maintenance and operation costs of said main trunk
Q sewage line.
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• ( c) Monroe Manor Corporation shall be liable for costs
of maintenance of the sewer pumps and shall be liable for damages
to any' party by reason of their failure Or faulty performance .
(d) Monroe Manor Corporation hereby releases, quit-
claims, grants and conveys unto the Town of Leesburg, in Virginia,
all its right , title and interest in and to that c -rtain easement
for a main trunk sewer line 10-feet in width which extends in a
northerly direction from Monroe Street throu gh Lot No. 24 of
said Subdivision.
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( e) Monroe Manor Corporation hereby sells , conveys,
transfers and delivers unto the Town of Leesburg, in Virginia, a
permanent easement and right of way to lay, construct, maintain
and repair a sewer line across and ove•r_• a strip of its land east
of and adjacent to said Lot No. 24, the said easement to have a
frontage of ten feet on Monroe Street and to extend in uniform
width in a northerly direction to a point located on the same
c ourse of the northerly boundary line of Lot No . 24 and being
ten feet east of the northeastern corner of said Lot 24, with
• said Town having rights of ingress and egress.over said easement
but being liable for any reasonable damage to said property• due
to such construction, maintenance or repair. -
IN WITNESS WHEREOF, Monroe Manor Corporation has caused its
name to be signed hereto by Gray son a. Malt, its Vice-President,
and its corporate seal to be hereunto affixed by Beulah T. Ahalt,
its Secretary; and the Town of Leesburg, in Virginia, has cased
its name to be signed hereto by George J. Durfey, its Mayor ,
and its corporate seal to be hereunto affixed by Elinor Cunningham,
its Recorder; all of said officers being thereunto duly authorized,
all as ' of the day, month and year first hereinbefore written.
MONROE MANOR CORPORATION
a Virginia corporation
( (SEAL) ) By /s/ Grayson A. Ahalt
Affixed and attested Vice President
By /s/ Beulah T. Ahalt
Secretary
TOWN OF LEESBURG, IN VIRGINIA,
a municipal corporation
By /s/ George J. Durfey
( (SEAL) Mayor
Affixed and Attested
By /s/ Elinor M. Cunningham
Recorder
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STATE OF VIRGINIA,
COUNTY OF LOUCOUN, to-wit :
I, Mildred Adams , a Notary Public in and for the County
of Loudoun, in the State aforesaid , do certify that Grayson
A. Ahalt and Beulah T. Ahalt, whose names as Vice-President
and Secretary, respectively, of Monroe Manor Corporation,
are signed to the foregoing writing bearing date 'on the
20th day of December, 1958, have each this day acknowledged
the same before me in my City and State aforesaid .
My Commission expires on the 17th day of March, 1962 .
Given under my hand and notarial seal this 7th day of January,
1959.
/s/ Mildred Adams
OOSEAL) ) Notary Public
STATE OF VIRGINIA , •
COUNTY OFLOUDOUN, to-wit :
I, George M. Martin, a Notary Public in and for the County
of Loudoun, in the State aforesaid, do certify that George J. •
Durfey and Elinor Cunningham, whose names as Mayor ann Recorder ,
respectively, of the Town of Leesburg, in Virginia, are signed
to the foregoing writing bearing date on the 20th day of December ,
1958, have each this day acknowledged the same before me in my
County and State aforesaid.
My Commission expires on the 9th day of November, 1959 .
Given under my hand and notarial seal this 14th day of
January, 19359.
/s/ George M. Marlin
( (SEAL) ) Notary public
The Mayor then advised that he had received a letter from
the Board of Supervisors for Loudoun County with respect to
the jurisdiction of the Town of Leesburg and the Board of
Supervisors as involves the one and two mile limit from th8 ,
Corporate limits .
Upon motion of Mrw. Mitchell;lseconded by Mr. Wright , and
unanimously carried, it was :
RESOLVED, That the Town of Leesburg cooperate with the
Board of Supervisors in their decision to have jurisdiction
within two. miles from the Corporate limits of the Town.
There being no further business to come before the meet-
ing, upon motion duly made, the meeting adjourned.yn
Recorac
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