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HomeMy Public PortalAbout1959_03_09 _ - 221 Leesburg with respect to •theSubdivision Ordinance . Upon motion of Mr. Gill, -seconded by Mrs . Mitchell and unanimously c arried-, the following ordinance was adopted: •l ' BE IT ORDAINED, by the Council for the Town of Lees- burg, in Virginia, that any person who wilfully violates his written promise to appear, given in accordance with the traffic ordinance for the Town of Leesburg, shall be guilty of a misdemeanor, regardless of the disposition of, and in addition to, the charge upon whi ch he was originally arrested. Every person convicted xf&xxx�z:x- for a violation of this ordinance shall, upon conviction, be punished by a fine of not less than Five Dollars ($5.00 ) nor more than One Hundred Dollars (;100.00 ) , or by imprison- ment in jail for not less than one day or more than ten days , or by both such fine and imprisonment . • N It was unanimously decided to have a special meeting 01 of the Town Council on February 19, 1959 to consider the Zoning Map and Zoning Ordinance which has been proposed. ,..., There being no further business to come before the meeting, the meeting upon motion duly made and seconded, adjourned. • A• Recorder 1 ' • :, *f .yor I/ • REGULAR MEETING, March 9, 1959 At a regular meeting of the Council of-theTown of Leesburg, in Virginia, held March 9, 1959, at 7:30 P. M. in Council Chambers there were present: George J. Durfey, Mayor ; Elinor M. Cum ingham , Recorder; C. Meloy Fishback, Howard B. Gill; Reed Johnson, Mae Bass Mitchell, Oden Semones and J. Austin Wright, being all of the Councilmen. The minutes of the special meeting held February 9, 1959 were read and upon motion of Mr. Fishback, seconded by Mr. Wright, and unanimously carried were adopted as read. l'he minute/ pf the regular meeting held February 9, 1959 were read and upon motion of Mrs. Mitchell, seconded by Mr. Wright and unanimously carried, were .approved as read. The Auditor-Treasurer then presented his financial state- ment for the month of February, the general fund and sewer debt fund and statement of appropriations . • Upon motion of Mr. Johnson, seconded by Mrs. Mitchell , 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 hereby is authorized and directed to pay the following bills: 222 • Virginia Electric & Power Co. $516 .71 C. & P. Telephone Co. of Va. 84 .68 Hankey' s Radio Service 8. 00 Community Oil Co. , Inc. 101.47 . Loudoun County Hospital , Inc. 8.00 Dr. Earl E. Virts, Jr. 8.00 Newton & Kaufman 6.43 Fairfax Electric Motor Co. 7.28 Leesburg Motors, Inc. 49 .07 Max Davis & Co. Inc. 13.75' • L. S. Hutchison Esso Stations 5.68• Virginia Trap Rock, Inc. 25.60 Southern States, Leesburg Cooperative 13. 80 • Hough' s Gulf Service 4.05 Village "66" Service 3.00 J. S. Whitmore' •99 Mitchell' s 2.79 T. J. Hatcher .70 Leesburg .Hardware 4.45 J. T. Hirst & Co. , Inc. • 25.25 G. H. Parent Co. 14 .68 • Mueller Company .80 .72 Commercial Office Furniture Co. 5.35 Diamond Alkali Company 26.25 Raymond R. Rodrick 116.79 George W. Titus, Treas, Loudoun Co. 18.21 Sargent-Sowell, Inc. 162. 17 A. S. Mullen 2.00 Bodmer' s Pharmacy 3.25 Total $ 1319.12 The Auditor-Treasurer advised that the sale of the- Town of Leesburg automobile tags would begin March 16, 1959. He also advised that the American Red Cross had requested a donation to said organization from the Town of Leesburg. It was the general opinion of the Council that such donation was not in order. The Council was of the opinion that the National Guard • be given a trial with respect to their new aerial which is to •be operated in connection with the present equipment -installed on the second floor of the Town Office Building. Mr. Warren C. Perrow, Town Engineer, was then heard with respect to water and sewer facilities=: in the annexed areas of the Town of Leesburg. Following is a letter out- lining the proposal of Mr . Perrow : Town of Leesburg March 9, 1959 Leesburg, Virginia Attn : Mr . George J. Durfey, Mayor Gentlemen : - Supplementing our letter to you of December 31 , 1958 which included an estimate of cost of sewers to serve the • built-up sections recently annexed, the following shows charges to he fixed if cost of sewer lateralsare to be paid for on the basis of a front foot assessment , per Sec . 15-671 of the Virginia Code . It has been found that • this Code limits the assessment for sanitary sewers to 75% of the actual cost . The cost of laterals , per our cost breakdown, is es- timated to be $82, 626 . 75% of this cost, or $61 ,970 is to be assessed against the ' 24,430 front feet of the subdivided property served, or a unit assessment of $2.54 per front foot . This leaves the remainder of the construction cost to be paid from some other method, such as a connection charge. 223 Assuming 85% of the properties made available to sewer service connect during theperiod of construction, a• charge of $172 for each of. the 120 connections will be necessary to produce the $20, 656 needed. The total cost per connection will be $172 plus the actual average cost of the connection, estimated to be $61 , or a total of $233 . This unit cost will decrease as the number of connections increase , however, it is recommended that a total charge of II $200 be established as the minimum. In the event the respective property' owners are allowed to pay the front-foot assessment in installments over a 20 year period, each payment to bear 4% interest , the annual ' charge will be 18.7¢ per front foot . For a 50-ft . lot frontage the annual charge would therefore be $9 .35 in ad- - dition to the regular sewer service_ charge . - It has also been recommended that the users of the CN sewers pay the interest on the cost of thenecessary trunk sewer until the property crossed. 'is subdivided. This interest 0°: at 4%, amounts to 70 per front foot per year. In the event c, a Federal Grant in the amount of 30% of the cost of trunk L ,.., sewers is approved, the 70 charge will be reduced to 4 .20 per front foot . Part 2 : WATER: Subsequent to annexation, at which time it was understood • thatall improvemements provided within the annexed areas were • to be paid for on a front foot assessment basis , it• has been found that an .assessment for water is illegal . Further, it is pointed out that Sections 1 , 3 and a part of Section 2 are now- supplied with town water through mains constructed by private owners . These mains are inadequate in size , ' offer no fire protection, and from information available , are badly overloaded. They are connected to the extremities of town-owned • mains, which, in themselves are inadequate for other than domestic'water supply. It is therefore necessary to install the new mains from points within the town system where flows and pressures are adequate and, in a number of cases , the present town mains will he replaced or paralleled. The attached plan, Revised 3/9/59 , shows extensions marked in red believed to be the most practical and economical that can be installed at this time to serve the built-up areas annexed, the estimated cost of which are as follows : Section 1 : s ' Main in - From To 10"I8Z E6" 4" Unit Total; Cost Cost North St . King Harrison 1050 ' 6 .00 $ 6 , 300 North St . Harrison Duke 2200 ' 5 .20 11,440 • Route 7 • Loudoun Parker Rd. 1570 ' 4 .60 7 ,222 Woodberry Edw. Ferry Route 7 725 ' 4 .60 3, 335 Edw. Ferry Woodberry Airport 2300 ' 4 .60 10,580 Prince St . Edw. Ferry NorthSt .Ex . 1065 ' 3 .95 4 ,207 II Duke St . Edw. Ferry NorthSt .Ex . 1066 ' 5 20 5 ,543 Queen St . Edw. Ferry NorthSt .Ex . 1065 ' 3.95 4,207 Washington Edw. Ferry NorthSt .Ex. 570' 495 ' 4 ,577 Sub-total $57 ,411 Engineering, Contingencies , Administration & • • Inspection 20% 11 ,482 Total Estimated Cost , Section I $-68,893 Section 2 : Market St . Ayr St . Fairview 2800 ' 5 .20 14 ,560 Rt . 8699 Market End 1500 ' 5 .20 7 ,800 Fairview Market End 1400 ' 4.60 6,440 Pershing Market End 1400 ' 3.95 5 ,460 - Wilson Market End 1400 ' 4 .60 6 ,440 Alley Wilson Fairview (710 ' - 2" ) 2 .00 1 ,420 Subtotal $-42, 120 Eng. , Contingencies , etc . 20% 8,424 Total Estimated Cost , Section No . 2 $50,544 .2.2a Section 3 : Route 15 Catoctin Valley View 2170 ' 4 .60 9 ,982 Engineering, Contingencies , etc. 20%- 1 , 996 Total 11 , 978 Total Estimated Cost , Sections 1 , 2 & 3 $131 ,415 As mentioned above, with the exception of Section 2, areas proposed to be served with water are , in general , already connected to a water system . The ability of the town to charge a new connection fee , other than actual cost , for connecting to the new mains is therefore questionable . It is recommenddd however, that where a new main is provided the connection be made to the new main and that water be cut off from theoldmains to be abandoned . It is further recommended that the public health of the town be guarded by prohibiting the use of individual wells for portable water supplies where town water is made available . The area in the vicinity of Alco St . andBuick Drive • is now served by mains of inadequate size and a fire in ' this vicinity could easily be a catastrophy. In order to remedy this condition it is recommended that an 8" main be installed in Harrison St . andBuick Drive from North St . to South St . two blocks of which are now without water at all . This main to be extended to Catoctin St . when the future water deman arises . The estimated cost of this 8" main, including allowances for contingencies , etc. is $10,795 . The total estimated cost of water mains badly needed I/at this time , including Sections 1 , 2 & 3 is $142, 210. Say $145 ,000. Financing: An annual payment of $8, 385 will be re- quired to ammortize $145 ,000 in 30 years at 4% interest . With the exceptional town growth now imminent , it is reasonable to expectthe growth to be not less than 400% during the next 30 years . Further, the town is now in need of a stand-by water supply, not considering the anti- cipated growth , and a surplus should be created to cover the cost of additional extensions and other unforeseen items . . Assuming the present 758 water connections will be doubled, an increase in the present low mininum charge of • from $1 .50 to $2 .00 per month would bring an additional $9,090 per year in revenue , or slightly mord than the annual installment required to liquidate the bonds for the water extensions . Rates fixed for this service are determined by the Town council , and, may be lowered if desired, when the required revenue is at hand. Such an increase in water service charges is therefore recommended. A connection charge of $200 plus the actual cost of the -, connection, is also recommended where connections are not in place . . As has previously been suggested, :a storm sewer is 11. badly needed in the vicinity of Slack Lane . It is felt that this facility, estimated to cost about $25 ,000, should be considered in connection with the above : Yours very truly, • • /s/ Warren C . Perfow . 225 . • Upon motion of Mr . Gill , seconded by .Mrs . Mitchell , and carrieda•by••aevote: df four to two, Gill , Mitchell , Johnson and Wright voting for and Fishback and Semones against , it was : • RESOLVED, by the Council of theTown of Leesburg, in Virginia, that the plan as proposed and outlined in the letter of Mr . Warren C. Perrow, Town Engineer, dated March 9, 1959, for the installation of water and sewer in the three annexed areas of the Town, namely the Lowenbach Subdivision, Fairview and South on' Route 15 to Waverly Heights , be and it hereby is adopted' as the plan to be followed by the Town in affording these facilities to the said areas . • A discussion then followed with respect to the means of financing the aforementioned water and sewer facilities . 'V Mr . Fishbacl: moved that the matter of the financing r= of the installation of water and sewer facilities aforesaid be postponed until the next meeting of the Council , which said motion was not acted upon. • Upon motion of Mr . Gill , seconded by Mr. Wright and tied by a vote of three to three , Gill , Mitchell and Wright votingafor and Fishback, Johnson and Semones voting against , the following resolution was tabled by the Mayor : BE IT RESOLVED, Thatthe Council of the Town of Leesburg adopt the plan of financing the water and sewer installations in the annexed areas as proposed by Mr . Warren C . Perrow; namely, by a bond issue , subject to the bonding attorney. Mr . Semones stated that he wanted the minutes to show the following statement : "I am in favor of water and sewer in the annexed areas ; I am in favor of lights , and I am not in favor of sidewalks because we don ' t have too many now, but I am not in favor of the assessment on the front foot basis . " The Mayor, in tabling said motion, suggested that the committee previously appointed give a fair study to the plan of financing as proposed by Mr . Perrow. • At this juncture in the meeting Mr . Fishback was called home due to the illness of his mother. • • The Town Attorney then reported on the Interstate Commerce Commission proceedings and advised that he would attend a hearingof said commission on March 10, 1959 . He further advised that Thomas W. diZerega, Esquire would be willing to assist him at said hearings for the fee of • 5100.00 per day plus expenses . Upon motion of Mr. "ill , seconded by Mr. Wright , and unanimously carried, it was : RESOLVED, That George M. Martin, Esquire , Town Attorney, . alone attend the meetings ofthe InterstateCommerce Com34 mission with respect to the applications of applicants wishing permits to haul cement to the Chantilly Airport . In view of the fact that Mr . diZerega had attended one meeting of the hearing theTown Attorney suggested that Mr. diZerega- be paid for his services that day. • The Mayor then brought up the discussion of a letter from Armfield, Harrison and Thomas regarding a liability insurance policy for theTown, .which said policy would cost . $509.06 a year . Upon motion of Mrs . Mitchell , seconded by Mr. Wright , the following resolution was tabled by the Mayor : 22.6 RESOLVED, by the Council of the Town of Leesburg, ' in Virginia, that the Town of Leesburg subscribe to the liability insurance policy proposed by Armfield, Harrison and Thomas in the amount of $509 .06 a year, which said policy will protect the Town in damage suits resulting from accidents occurtng within the Town. . Upon motion of Mr.- Johnson, seconded by Mrs . Mitchell and unanimously carried, it Was : • BE IT ORDAINED, by the Council of the Town of Lees-... burg, in Virginia, that on and after the passage of this act , no trailer shall be located, maintained or occupied as a dwelling or for other purposes except in trailer camps approved by the Town Council . (1 ) DEFINITION: A trailer shall mean any vehicle used or maintained for use as a conveyance upon highways , so designed and so constructed as to permit temporary occupancy thereof as a temporary dwelling or sleeping place: for oneor more persons . A trailer park or trailer camp shall mean any site, lot , field or tract of landupon which is located one "or 4 r` more trailers, or is held out for the location of any trailer, and shall include any building, structure, tent , q n1` vehicle -or enclosure used or intended for use as a part of the equipment for such park. - A trailerlot shall mean a unit of landtused or in- tended to be used by one trailer . (2) DISTANCE BETWEEN TRAILERS : Parking spaces for trailers shall be arranged so as to provide a distance of fifteen (15) feet or more between trailers , provided, however , that with respect to trailers parked end-to- end the distance between trailers so parked shall be notless than ten (10) feet . (3) WIDTH : Each trailer space shall have a minimum .width of thirty (30) feet or more . (4) SET BACK : All trailers shall be set back from any public street the same distance as buildings are re- quired to 'set back therefrom in the zoning district in which the trailer park is located. (5) PLOT PLAN: A plot plan showing each trailer lot shall be submitted to the Building Inspecyor . Each trailer lot shall be clearlycbfined on the ground by permanent markers . J (6) MINIMUM DRIVEWAY : The minimum lane or driveway in which an individual trailer lot fronts shall he twenty- eight (28) feet in width . (7 ) SANITARY FACILITIES : Each trailer space shall be provided with individual water and sewer connections Such water and sewer facilities shall be subject to approval -and inspection by the Town of Leesburg health official . (8) CONFORMANCE: One (1) year will be allowed for trailer camps to bring their facilities into conformity with these regulations . Failure to comply shall be grounds for revocation of an annual operating license . • (9) ANNUAL LICENSE TAX IMPOSED: There is hereby imposed upon any person engaged in the business of opera- ting a trailer camp in the Town an annual license of Twenty Five Dollars ($25 .00) plus Six Dollars ($6100) for each trailer lot used or intenddd to be used as such'. The license year shall be from July 1 to June 30 of the following year. .. 7? 7 (10) PENALTY : Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) • for each offense . - (11) REPEAL: The trailer camp ordinance adopted on • the ,14th clay of March, 1956 , is hereby repealed. II (12) DATE OF ADOPTION : This Ordinance shall be in full force and effect at 12 :01. A. M. July 1 , 1959. % ! Upon motion of Mr . Gill , seconded by Mr. Wright and unanimously carried, the Zoning Ordinance for theTown of ',� • Leesburg, in Virginia, was adopted. (This Zoning Ordinance appears in the Current Ordinance Book for the Town commencing sn Page 1r1 thereof, and the same is incorporated herein the ame as- ifc,fplly set forth herein. CO Upon motion of Mr. Johnson, seconded by Mr. Gill and C: unanimously carried, the following resolution was adopted: Q BE IT RESOLVED, by the Council of theTown of Leesburg )....‹t that the bill of Hayes , Seay, Matters and Mattern in the amount of $587 .34 be paid, which said bill was occasioned by certain data furnished the Town by the aforementioned firm prior to the annexation proceedings . The Town Attorney advised that some determination should be made with respect to the suit of M. & G. Motors against the Town of Leesburg. Inasmuch _as the former Town Attorney, Howard W. Vesey, Esquire , was originally handling this matter, the Mayor was instructed to contact Mr . Vesey to determine whether he planned to defend the case , what his fee would IIbe ; and what amount , if any, had been paid to date . Due to the fact that the agenda for the Town Council meetings is so crowded theCouncil agreed to have two meetings a montk, the first on the regular meeting night and the second on the fourth Monday. Thus the next meeting of the Council was scheduled for March, 23, 1959 . Mr . Semones , a member of the Water and Lights Committee reported that several residents of the Town had requested . street lights in their particular areas ; 'namely, Mr. Charles Stallings , Mr. Leonard Sticicles , Mr . Lawrence Turner and John S. Spiller. Mrs . W. B. Ridgeway had also-'requested a street light . There bein two further business to come before the meeting, the meeting upon motion duly made and seconded, adjourned. Recorder A4_ ,/7/�4/r� - i Mi roi. / V '