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HomeMy Public PortalAbout1959_10_14 • 263. Xi REGULAR MEETING-, SEPTEMBER 14, 1959 • A regular meeting of the Council. for, the Town of Leesburg, in Virginia, was called to order at 7 :15 P. M. by the Mayor, George J. Babson. Councilmen present were C. Meloy-Fishback, Emerson H. James , Hunter M. Leach, John W. Pumphrey, and J. Austin Wright . In the absence of the Recorder, C.. Meloy Fishback was ap- / pointed Recorder pro-tem. The minutes of the August 10, 1959 regular meeting were approved as read. The minutes of the August 131 • 1959 special meeting are to be corrected and approval was deferred until the next meeting of Council. - o The minutes of the •August 28, 1959 special meeting were read and Corrected to omit the name of Councilman Oden Semones who was not present , and approved as corrected. The minutes of the Spetember 1 , 1959 special meeting were approved as read. The Auditor-Treasurer presented his financial statement for the months of July and August:, the Special' Sewer Debt Fund State- ment and the bills payable as of September 14, 1959. • Upon motion of Mr. Leach, seconded by Mr. James , and unan- imously adopted, it was : RESOLVED, That the Auditor-Treasurer be, and he hereby is , authorized to pay the following bills as stated: Virginia Electric & Power Co. $ 511 .21 4 ' - C. & P. Telephone Co. of Virginia 68.25 Garrett Insurance Agency (Treasurer' s bond) 282.50 J. S. Whitmore 3.38 • Leesburg Service Station 1 .50 Armfield, Harrison & Thomas:: Keyes bond $5 .00 Insurance : Non-ownership 25.00 Bill & Bill ' s Auto 'Service 7.75 Fairfax Electric Motor Company 12.00 • Western Auto Associate Store 2.00 Hankey' s Radio Service 74.40 L. S. Hutchison Esso Stations 27 .70 Truck Suppliers, Inc. 6 .24 . Union Clothing Shop 18.90 Leesburg Motors, Inc . 4 .20 Village "66" Service 1 .25 Garrett Insurance Co. (Fleet truck policy) 356 .35 �.� Mitchell 's 5 .35 Leesburg Hardware 97.01 Virginia Trap Rock, Inc . 18.60 Plaster 's Clothing Store 23.95 Southern States , Leesburg Cooperative 8.00 RaymondR. Rodrick, Distributor 118.17 II , 1 A. S. Mullen 2.50 J. T. Hatcher 7.00 . Western-Pennsylvania Chemical. Co. , Inc .- 27.00 League of Virginia Municipalities 86.00 J. T. Hirst & Co. , Inc. 33.17 Treasurer of Virginia (Supplies Highway . , Department) 19.76 • Noland Company, Inc . 68.30 Badger Meter Mfg. Co. 66.66 Geo. M. Martin, Town Attorney 128.24 Total $2,112.34 264.' The Mayor read a letter from the St . Paul. & Marine In- surance Company and the St . Paul Mercury Insurance Company • of 385 Washington Street , St . Paul 2, Minnesota, in connec- tion with the General Liability Policy of the Town of Lees- burg. Certain recommendations were made by said Company and. the Mayor referred thelletter to Mr. Leach, Chairman of the Administrative Committee. Upon motion of Mr.. James, seconded by Mr. Pumphrey, and unanimously adopted, it was : ' RESOLVED, by the Council for the Town of Leesburg, in Virginia, that John R. Dudley is appointed Police Justice for the Town of Leesburg, and the Mayor of the Town of Lees- burg, Substitute Police Justice for the Town of Leesburg. The Police Justice and Substitute Police Justice shall pre- side over the Police Court for the Town of Leesburg, and shall have jurisdiction over all cases involving violations of the ordinances of the Town of Leesburg. The Police Justice and Substitute Police Justice shall have the right and authority to issue warrants, summon witnesses and try cases involving violations of the ordinances of the Town of Leesburg; and the . said Police Justice and Substitute Police Justice shall exercise all of the powers conferred upon the. Mayor and Police Justice by the charter of the Town of Leesburg and general laws . The Police Justice shall receive for his services the sum of Six Hundred Dollars ($600.00) annually, payable in equal monthly installments, and shall give bond in the sum of One Thousand Dollars ($1,000.00) with approved surety, payable to the Town of Leesburg, and shall subscribe to the - oath required of a state officer. Whenever the Substitute Police Justice presides, the said salary shall be reduced proportionately. The sessions of the Police Court shall be held at a.:•place and time. in 'the Town of Leesburg in the discretion of the Police Justice; and, . BE IT FURTHER RESOLVED, That Shirley Everhart is hereby appointed Clerk of the Police Court , and shall accept col- lateral, keep all records pertaining to -such Police Court, including a criminal docket in which shall be entered all cases tried and processed, and all matters coming before the Court and the final disposition of the_same; :togetherc with an account of costs and fines assessed. BE IT FURTHER RESOLVED, that the fees in said Police Court shall be the same as those provided by law for County Courts in the State of Virginia, and shall be paid to the Treasurer of the Town of Leesburg; and, . BE JT FURTHER RESOLVED, That every offense of which the Police Court is given jurisdiction under the charter of the Town of Leesburg and general laws, may be tried upon a warrant . The word "warrant" as used in this ordinance shall be con- strued to include a summons or a notice requiring a person to appear and answer a charge of having violated any or- dinance,. or any regulation having the full force. and effect ' of law in the Town of Leesburg; and, . . BE .IT FURTHER RESOLVED, That when an appeal is taken at the time. judgment is rendered, the accused shall, unless let to bail ,. be committed to jail by .the Court until the next term after the appeal is taken. When an appeal is taken subsequent to the entry of the judgment of conviction, the Police Court shall enter the allowance of the appeal on the warrant ,• and such judge, or the Circuit Court for theCounty, or the judge thereof may admit the accused to bail.; and, 2 &5 BE IT FURTHER RESOLVED, .That the Police Justice may permit the payment in installments of any fine imposed; and, BE IT FURTHER RESOLVED,_ That upon conviction for the vio- lation of any ordinance the Court trying the case may require a bond of the person so convicted, with' proper security, in the penalty of not more than Two Thousand Dollars ($2,000.00) , • with the provision that the person violating the ordinance of which he had been convicted; not violate same for the period of ' one year. Whenever any fine shall be imposed but not paid, the Police Court may, unless an appeal be forthwith taken, order the person convicted to be imprisoned in a penal or correctional institution for one day for each Three Dollars ($3.00) thereof, and may issue a writ of fieri facias directed to the sergeant or the sheriff for the collection of the amount due, returnable sixty (60) days from its issuance ; and, BE IT FURTHER RESOLVED, That any able bodied person sen- N tenced to confinement in a penal or correctional institution M by the Police Court may be required to work in such institution M or in the municipal service. The Police Justice may as a part' et of any sentence impose such conditions upon any person so sen- a tenced. Upon motion of Mr. Fishback, seconded by Mr . Wright , and unanimously adopted, it was : RESOLVED, By the Council for the Town of Leesburg, that the Mayor, George J. Babson, be and he is hereby authorized to file application for the Federal Grant for Sewage Treatment works under 55 U. S. C. 466 et seq. , on behalf of the Town of - Leesburg; and, BE IT FURTHER RESOLVED, That the Council. for the Town of Leesburg agrees that if a Federal Grant for such project is made pursuant to the Federal Water Pollution Control Act (33 U. S. C. 466 et seq. ) the Town of Leesburg will pay the remaining cost of the approved project , and the applicant will provide proper and efficient operation and maintenance of the approved project after completion of construction thereof. • Upon motion of Mr. Wright , seconded by Mr. James , and unan- imously adopted, it was : RESOLVED, By the Council for the Town of Leesburg that the Department of Highways add the following streets in Prospect • • Hills Subdivision to the Secondary System: • • Lafayette Terrace from Rt . 699 to the intersection of Belmont Drive, a distance 0.062 miles . Belmont Drive from Lafayette Terrace to a point 0.054 miles south of Lafayette Terrace . Upon motion of Mr. Leach, seconded by Mr. Pumphrey, and unanimously adopted, it was : RESOLVED, By the Council for the Town of Leesburg that the Supplemental Agreement, as read, • dated September 1, 1959, entered into by and between Jesse C. .Randolph and George J. Babson, be and same is hereby ratified and confirmed. Upon motion of Mr . Fishback, seconded by Mr. Pumphrey, and unanimously adopted,. it .was : RESOLVED, By the Council of the Town of Leesburg, in Vir- ginia, that the Auditor-Treasurer be and he hereby is authorized and directed to pay each official and Councilman of the Town ' of Leesburg attending the annual convention of the League of Virginia Municipalities to be held at Old Point Comfort , September 20, 21 and 22, 1959, the sum of Fifty Dollars ($50.00) . L b,b • Upon motion of Mr. Fishback, seconded by Mr. James, and unanimously adopted, it was : T _ _ RESOLVED, By the Council for_ the Town of Leesburg, that, WHEREAS, it appears that there may be certain irregularities in the plats and status of Old Dominion Street (Service Road) and Parker Road, plats of which have heretofore been admitted to record in the Clerk ' s Office for the Circuit Court of Loudoun County, Virginia; and, 11 WHEREAS, there is , or may be, some misconstruction of instruments relating to the right-of-way fifteen feet wide and two hundred feet long leading from what was the old sewer lot of the Town of Leesburg to the right-of-way of Washington and Old Dominion Railroad, which right-of-way has now been supers:eded:by Catoctin Street ; and, WHEREAS, it is the desire of the TownCouncil of the Town of Leesburg, in Virginia, to clarify any confusion concerning the same, and to rectify any errors that may be in earlier deeds or plats relating to the same ; NOW, THEREFORE, BE IT RESOLVED, That the Town of Leesburg do enter into an instrument vacating the dedication of such portions of said streets not otherwise dedicated to public • use in favor of Loudoun Properties, Incorporated, and to execute a quit-claim deed in favor ofL_Loudoun Properties, Incorporated, and its successors in title,. relinquishing and extinguishing said right-of-way, provided, however, that said quit-claim deed relieves the Town of Leesburg from any lia- bility to maintain said right-of-way; AND, BE IT FURTHER RESOLVED, That the appropriate officers of this municipal corporation are hereby empowered to execute the aforesaid instruments and affix the municipal seal to . said instrument of vacation and quit-claim deed; and,. BE IT FURTHER RESOLVED, That before any relocation of the sewer easement, approval of such relocation shall be obtained from•-the. Council of the Town of Leesburg, and Mr . Carleton Penn, Attorney .for Loudoun Properties , .Incorporated, was in- structed ,to prepare a statement for Council ' s approval , to that effect . The Chair proposed and Council approved that the waiver of sidewalks in the Dry Mill Subdivision be referred to the Administrative Committee for further consideration. Upon motion of Mr. Pumphrey, seconded by Mr. Leach, and unanimously adopted, it was : RESOLVED, By .the Council for the Town of Leesburg,. in Virginia, that the sewer bohd debt ordinance be amended to provide that the revenues to the existing sewer debt account . and disbursements therefrom be made in accordance with the procedure outlined in Section 127 B of the Constitution for the State of Virginia. Upon motion of Mr. Pumphrey, .seconded by Mr. Leach, and unanimously adopted,. it was : RESOLVED, That the Treasurer is authorized and directed to purchase Ten Thousand Dollars ($10,000.00) short or medium. term U. S. Government obligations through the Loudoun Nati- onal Bank and as recommended by said bank, and charge the cost to the account of the present sewer debt. fund. 267 Council then recessed at 9 :00 P. M. to provide time for a meeting of the AdministrativeCommittee . The _Adm?nistrativeCommittee rose to report to Council, c . which reconvened at 10:15 Pc M. - _• -l' Upon motion of Mr. James , seconded by Mr. Wright , and unanimously adopted, it was : RESOLVED, That whereas, Elijah Franklin Myers , III ; G. Shirley Myers and Alma S. Myers have applied to the Council of the Town of Leesburg, in Virginia, for a variance from the requirement that they be required to install sidewalks in their proposed "Dry Mill Subdivision; " and, • WHEREAS, the preliminary plat of the aforesaid subdivision was filed prior to the enactment of the ordinance requiring the installation of curbs and gutters ; and, 'VJ.r WHEREAS, said Council is willing to grant such a variance rr provided that the subdividers shall erect curbs and gutters in lieu of sidewalks in said subdivision, as set out in the Sub- division Ordinance of Leesburg, Virginia; NOW, THEREFORE, be it resolved by the Town Council of Lees- burg that said subdividers shall have their option to .erect either all sidewalks or all curb and gutters in said subdivision prior to the sale of any lots therein, provided, however, that , in lieu thereof the subdividers shall post bond with corporate surety in a penalty to the same and the cost of the street for completion within (2) years, conditioned as the law directs ; and, BE IT FURTHER RESOLVED, _That the Planning Commission of the Town of Leesburg is hereby directed to approve the final plat of the said "Dry Mill Subdivision, " subject to and in accordance with the conditions hereinabove set forth. C. Meloy Fishback was appointed as the Councilman to the . -Planning Commission for the Town of Leesburg, his term of office to expire on August 31 , 1961 . Upon. motion of Mr. Pumphrey, seconded by Mr. Le& h, and unanimously adopted, it was : RESOLVED, By the Council of the Town of Leesburg, in Vir- ginia, that the certificates of oath of office returned by the officials administering said oaths, be spread on-the Minute Book by affixing the same therein. Upon motion of Mr. Pumphrey, seconded by Mrs . James, and unanimously adopted, it was : RESOLVED, By the Council for the Town of Leesburg, in Vir- ginia, that the State Commission on local debt be requested to advise the Towncof Leesburg on all matters relating to the planning, preparation and marketing of the Three Hundred Thou- sand Dollars ($300,000.00) bond issue and to assist in the sale of the bonds ; and, ' BE IT FURTHER RESOLVED, That the Mayor and the Town Attorney be and they are hereby authorized to expend the necessary funds required for trips to Richmond to discuss the related problems with the Debt Commission and Town Engineer. There being no further business to come before the meeting, upon motion of Mr. Wright , seconded by M -p -7 and unanimously adopted, the meeting adjourned at 10:45"" • jYMaYor