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HomeMy Public PortalAbout1959_11_09 282 • REGULAR MEETING, NOVEMBER 9, 1959 A regular meeting of the Council of the Town of Leesburg, in Virginia, was called to order at 8 :00 P. M. November 9, 1959. Councilmen present were C. Maloy Fishback, George E. Isaacs, Emerson H. James , Hunter M. Leach, John W._ Pumphrey and Austin J. Wright . ✓ • The minutes of the regular meeting held October 12, 195,9, , •' a copy of which had been received by each Councilman, were briefly reviewed by the Mayor and they stand approved as read. The minutes of the special meeting held October 29, 1959 were read and with the two corrections , namely : substituting • • "Austin J. Wright" in lieu of "J. Austin Wright , " and"C. Maloy / - Fishback" for "C. Meloy Fishback, " stand approved as read. The Auditor-Treasurer then presented his financial state • - ` ment for the month of October, the special .sewer debt fund • and the bills for the month of October . Upon motion of Mr . Isaacs , seconded by Mr. Fishback, and unanimously. adopted; itswas : RESOLVED, by the Council of the Town of Leesburg, in Vir- ginia, that the Auditor-Treasurer be and he hereby is autho- rized and directed to pay the following bills : Virginia Electric & Power Co . $ 507 .93 C . & P. Telephone Co . 89 .32 Community Oil Co . Inc. 75 .40 • Newton & I{aufman 17 .90 Virginia Trap Rock, Inc . 23 .0611 Stationery & Office Equipment Company 10.65 Leesburg Hardware 19 .30 J. T. Hatcher 1 .65 McDonald & Jenkins 2.00 Mitchell ' s 2,65 Armfield, Harrison & Thomas 429.77 Loudoun Times Publishing Company 26 .00 L. S. Hutchison Esso Stations 10.56 Iiankey ' s Radio Service 8.00 • Plaster ' s Clothing Store 6 .90 Village "66" Service 128.56 Leesburg Motors , Inc . 43 .95 A . Jacobs & Sons , Inc. 228 .56 B. T. Crump Company, Inc . 79.80 The Irvin H. Hahn Co . 23 .93 • • A/C Pipe , Inc . 160.66 ti Mueller Company 43.05 George W. Titus , Treasurer Loudoun County- 44.23 Marken & Bielfeld, Inc . 76 .42 J. T. Hirst & Company, Inc . 20. 13 Burrough Corporation 25 .00 Old Dominion Appliance Company, Inc. 7 .00 A. S . Mullen ' 12.45 J. S. Whitmore 2.22 The Ford Meter Box Company, Inc . 139 .26 Bond Issue : Richmond Newspapers , Inc . $ 64. 96 • George M. Martin (Town Attorney) 535•:OC Robert K. Wilson 421 .20 1021 .16 Total $ 3287 .47 r : 283 Upon motion of Mr. Leach, seconded by Mr. Isaacs , and unan- imously adopted, it was : !. RESOLVED, by the Council of the Town of Leesburg, in Virginia, that Charles Ivey be and he is hereby employed by the Town of Leesburg at a salary of Sixty Dollars ($60.00) per week, payable weekly, and subject to all deductions covering said wages . Upon motion of Mr . Leach, seconded by Mr. James, and unan- imously adopted, it was : RESOLVED, by the Council of the Town of Leesburg, in Virginia, that Shirley V. Everhart , Secretary to the Auditor-Treasurer and Clerk of the Police Court , and Glendon P. Weatherholtz, Superin- tendent of Streets , be given two (2) weeks vacation, or pay at the regular rate in lieu thereof. Upon motion of Mr . Leach, seconded by Mr. Pumphrey, and unan- M imously adopted, it was : et RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the Auditor-Treasurer of the Town of Leesburg, be and he is ... hereby authorized to expend the following sums in addition to those specified in the present budget : One Thousand Five Hundred Dollars (81 ,500.00) for repairs for the Town Office Building; the sum of One Thousand Dollars ($1,000.00) for the purchase of officer furniture ; and the sum of One Thousand Dollars ($1 ,000.00) for office equipment ; and, BE IT FURTHER RESOLVED, that the Mayor of the Town of Leesburg be and he is hereby authorized to purchase the aforesaid items . Upon motion of Mr. Leach, seconded by Mr . Pumphrey, and unan- imously adopted, it was : RESOLVED, by the Council of the Town of Leesburg, in Vir- I/ ginia, that the bid of The Brock Chevrolet , Incorporated, to sell to the Town of Leesburg a 1960 half-ton pick up truck for the price of Two Thousand One Hundred Seventy Four Dollars and Ten Cents ($2, 174.10) less One Hundred Forty Dollars (8140.00) Federal Excise Tax, and a trade in allowance of Six Hundred Nineteen Dollars and Ten Cents ($619 .10) for the present 1951 Ford pick up truck belonging to the Town, be and the same hereby is ac- cepted; and, BE IT FURTHER RESOLVED, that the Auditor-Treasurer of the Town of Leesburg, be and he is hereby authorized and directed to issue a check, payable "to Brock Chevrolet , Incorporated for the sum of One Thousand Four Hundred and Fifteen Dollars ($1 ,415 .00) upon the delivery of the aforesaid truck, and the -said Auditor- Treasurer or the appropriate officer of the Town is authorized to execute such instruments as are necessary to transfer the title to the 1951 Ford pick up truck to Brock Chevrolet , Incorporated, pursuant to the aforesaid bid. Upon motion of Mr . Leach, seconded by Mr. Pumphrey, and unanimously adopted, it was : • RESOLUTION OF THE TO'W'N OF LESBURG IN VIRGINIA, DESIGNATING DEPOSITORY BANKS I, the undersigned hereby certify to The Peoples National Bank of Leesburg, Leesburg, Virginia and The Loudoun National Bank of Leesburg, that I am Recorder of the Town of Leesburg, in Virginia, a municipal corporation chartered by Act of the General Assembly of Virginia; that the following is a true copy of resolutions duly adopted by the Council of said Town at a meeting duly held on the 84. Ninth day of November, 1959, at which a quorum was present , and that such resolutions have not been rescinded or' modified: • BE IT RESOLVED, that the Peoples National Bank of, Leesburg, Leesburg, Virginia and The Loudoun National Bank of Leesburg, Leesburg, Virginia, and each of said banks , are hereby designated as a depository of this Town and that checking accounts be main- tained in the name "Town of Leesburg, Virginia; " with said banks , and that payments from said accounts shall require the signature of the Treasurer .and the counter signature of the Mayor of this Town, on behalf of this Town, and in its name . BE IT FURTHER RESOLVED, tat the Treasurer and the Mayor of this Town are hereby authorized on behalf of this Town, and in its name , to sign checks , drafts , bills of exchange , acceptances , or other orders for the payment of money from said accounts . BE IT FURTHER RESOLVED, that the Treasurer of this Town is hereby authorized on behalf of this Town, and in its name, to endorse checks , bills , certificates of deposit , or other instru- ments owned or held by this Town, for deposit in said accounts , or for collection by said banks ; to waive demand, protest and notice of protest , or dishonor of any check , bill , draft , or other instrument made , drawn, or endorsed by this Town, such endorsement to be made by the Treasurer of this Town, or by rubber stamp endorsement containing the name of this Town with- out signature, or by the endorsement of any person by suck writ= ing as to designate that the instrument is intended to be credit- ed to said accounts of this Town. BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia and The Loudoun National Bank of .Leesburg, Leesburg, Virginia, be and each of them hereby are, authorized to honor, receive, certify, or pay all instruments signed in accordance with these resolutions even though drawn or endorsed to the order of any officer signing the same or t tendered for cashing, or in payment of the individual obliga- tion of any such officer, or for deposit to his personal account , and said bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance , or use of any instrument signed in accordance with these resolutions , or the application, and disposition of such instrument , or the proceeds thereof. BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia and The Loudoun National Bank of Leesburg, Leesburg, Virginia, be and each of them hereby are relieved and discharged from any and all liability by reason of their payment of checks , drafts , notes , bills of exchange, ac- ceptances , or other orders that have heretofore been charged against the accounts of this Town with said banks regardless of the signatures thereto, and the manner in which 'such signa- tures were made, and said banks are further relieved and dis- charged of any and all liability by reason of their acceptances of checks , bills , certificates of deposit ; bills of exchange or other- instruments that have hefetofore been deposited to the accounts of this Town with said banks regardless of the endorsement thereon and the manner in which such endorsements were made . BE IT FURTHER RESCLVED, that the Recorder of this Town shall certify to said banks the names of the presently duly elected and qualified Mayor and Treasurer of this Town and a� shall from time to time hereafter as changes in the personnel of said officers are made immediately certify such changes to the banks and the banks shall be fxilly protected in 'relying on such certifications of the Recorder and shall be indemnified and saved harmless from any claims , demands , expenses, loss or damages resulting from, or growing out of, honoring the signa- tures of any officer so certified, or refusing to honor any signature not so certified, or in refusing to honor any, signa- ture which may be replaced through changes made by such cer- tifications . 285 BE IT FURTHER RESOLVED, that all resolutions heretofore adopted for the designation of said banks as a depository, or authorizing the signing of instruments for the withdrawal of money from the accounts of this Town in said banks and for the endorsement of instruments for deposit to the accounts of this Town in said banks be and the same are hereby revoked and rescinded. BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received and as- knowledged by said banks , and that receipt of such notice shall not affect any action taken by the depository banks prior thereto . BE IT FURTHER RESOLVED, that the Recorder of this Town he, and she is hereby authorized and directed to cettify to The Peoples National Bank of Leesburg, Leesburg, Virginia and The Zr, Loudoun National Bank of Leesburg, Leesburg, Virginia, the fore- r: going resolutions , and that the provisions thereof are in con- A formity with the Charter and By-Laws of this Town, and the laws Q of the State of Virginia. I , the undersigned further certify that there is no pro- vision in the Charter or By-Laws of said Town or in the laws of Virginia governing municipal corporations limiting the power - of the Council to pass the foregoing resolutions and that the same are in conformity with the provisions of said Charter and By-Laws end the laws of the State of Virginia. I further certify that the following are the names and official signatures of the present Mayor and Treasurer of this • Town: NAME OFFICIAL SIGNATUEE MAYOR: GEORGE J. BABSON. TREASURER: George E. Ward IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia, this 9th day of November, 1959 . ( (SEAL) )' • Recorder Upon motion of Mr . Fishback, seconded by Mr . Isaacs , the following resolution was unanimously adopted : WHEREAS, the Council has received, at the office of the State Commission on Local Debt , in Richmond, sealed proposals for the purchase of $300,000 Water and Sewer Bonds dated July 15 , 1959, as provided in resolutions passed by the Council on October 12, 1959, and the following list shows the name of each bidder who submitted a proposal , the price offered by such bidder and the rates of interest specified by such "bidder : ' NAME Or BIDDER PRICE OFFERED INTEREST RATES SPECIFIED BY BIDDER Wachovia Bank Sc . Bonds maturing 1963 to 1965 inc . 4% Trust Company $300,275 .00 Bonds maturing 1966 to 1982 " 396 Francis I . duPont Bonds maturing 1963 to 1969 " 3 7/8% & Co . Associates $300,000.00 Bonds maturing 1970 to 1982 " 3 .80% • Merrill Lynch , Pierce $300,089 .00 Bonds maturing 1963 to 1969 " 4% Fenner & Sthith, Inc . Bonds. maturing 1970 to 1982 " 3.80% and Associates 286 R. H. Brooke & Company : . and Associates $300, 237 .90 Bonds maturing 1963 to 1982 Inc .3 7/89 Investment Corpora- Bonds maturing 1963 to 1967 " 3306 tion of Norfolk $300,000.00 Bonds maturing 1968 to 1982 " 4% F. W. Craigie & Co . $300, 216 .00 Bonds maturing 1963 to 1969 " 3M% Bonds maturing 1970 to 1982 " 4% J. C. Wheat & Co . and Associates $300,020.00 Bonds maturing 1963 to 1982 "3.80% WHEREAS, the terms of sale stated in the notice of the sale of said bonds require that the proposal hereinafter described . shall be accepted :. • NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg, as follows : • (1) The proposal ,to purchase said $300,000 Water and Sewer Bonds for the price of $300, 275 .00 and accrued interest , sub- mitted by Wachovia Bank & Trust Company is hereby accepted. (2) Said bonds shall bear interest at the rates specified • in said proposal , namely, 4% for the bonds maturing on or be- fore January 15 , 1965 , and 3 .75$6 for the bonds maturing there- after . (3) The Mayor and the Recorder are hereby authorized and directed to cause said bonds to be prepared and to execute said bonds , and the Town Treasurer is hereby authorized and directed to deliver said bonds to the purchaser upon payment of the purchase price as hereinbefore set' forth . Council then recessed at 7 : 35 to provide time for a meet- ing of the Administrative Committee . The Administrative Committee rose to report to Council , which reconvened at 10:20 P, M. Upon motion of Mr . Leach, seconded by Mr . James , and unan- imously adopted, it was : • RESOLVED, by the Council of the Town of Leesburg, in Vir- ginia, that the Mayor be and he is hereby authorized to execute the contract between the Town of Leesburg, in Virginia, and Jesse Randolph, for the collection of trash and garbage within the Corporate limits of the Town of Le sburg, which said contract. is dated the 1st day of September, 1959 and expires August 31 , 1960, and reads as follows : • AGREEMENT• • THIS MEMORANDUM OF AGREEMENT, made this 1st day of • Septem- ber; 1959, by and between THE TOWN OF LEESBURG, a municipal cor-. poration, Party of the First Part , and JESSE RANDOLPH, Party .of the Second Part . WITNESSETH : • • That whereas the said Party of the Second Part has submit- ted unto said Party of the First Part , a bid to collect the re- ' fuse, ashes , trash and garbage in said Town twice a week under • the conditions and terms hereinafter set forth ; and, 28 7 Whereas the said Party of the First Part , pursuant to the 1 action of the Town Council of said Town, has agreed to accept said bid, conditioned as hereinafter set forth ; THEREFORE, THIS AMEEMENT WITNESSETH : That for and in con- sideration of the payment of the sum of One Thousand Three Hund- red Seventy Five Dollars and One Cent ($1 , 375 .01) per month, payable on the last day 'of each calendar month , said Party of the Second Part agrees to collect the trash, refuse , ashes and garbage in the Town of Leesburg twice a week and deliver the same to the 'trash dump owned by the Party of the Second Part , ' for a period of one year from the date hereof. Party of the Second Part agrees to furnish a "Pak-Mor" truck and the labor to perform this operation . The Party of the Second Part agrees to collect such garbage, ashes , refuse and trash on Tuesday and Friday of each week from those places of business and residences only where such garbage , ,v ashes , refuse and trash is prepared and placed for collection in the manner prescribed by the Trash Ordinance for the said Town, and in a place which is accessable to the truck used by Party Q of the Second Part . The Party of the Second Part agrees to collect trash and other articles from the alley next to Edwards Drug Store . • • It is agreed that the contractor will carry Public Liability Insurance in limits of $50,000.00 per person and 51,000.00 per accident for Bodily Injury Liability and $25 ,000.00 Property Damage Liability, and that this insurance will be on each vehicle used by the contractor as well as on the operations of the con- tractor, which vehicles and operations will be connected with the performance of tt,is contract . It is further agreed that the contractor will carry Work- men ' s Compensation Insurance on any and all of his employees , and that he will provide the Party of the First Part with certi- ficates of both the Public Liability Insurance and Workmen ' s Compensation Insurance referred to in the paragraphs above , said certificates to be in the Town Office prior to the execution of this contract . • ' The contractor agrees to save and hold harmless the Party of the First Part in the event of any personal injuries to per- sons or damage to property which may arise or allege to have • arisen out of the performance of this contract . It is further mutually agreed by the Parties hereto that the contractor is ' under no obligation to collect rejected build- ing materials , factory cuttings , or trade waste set out for re- • moval by the Towh, or by a contractor of the Town. In consideration whereof, it is agreed by said contractor, ' that he will comply with the terms and provisions hereinabove set forth during the term of this agreement , which shall be from September 1 , 1959 through August 31 , 1960, and the Town of • Leesburg agrees that the said Jesse Randolph shall be compensated in the amount and at the time 'hereinabove set forth. • WITNESS the following signatures and seals : • TOWN OF LEESBURG, IN VIRGINIA • • By Mayor. • Attest : Recorder (SEAL) Jesse Randolph 288 Upon motion of Mr. Leach, 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 is hereby autho- rized and directed to pay Albert Keyes the sum due for his ser- vices on the 15th day of October, 1959. Upoh motion of Mr. Leach, seconded by Mr . Pumphrey, and unanimously adopted, it was : RESOLVED, by the Council of the Town of Leesburg, in Vir- ginia, that a certified public accountant be employed to make the appropriate studies, reports and recommendations concerning the setting up of books for the Town of Leesburg, which said accountant shall he under the instruction of the Mayor of said Town; and, BE IT FURTHER RESOLVED, that the fee for the aforesaid • certified public accountant shall not exceed a maximum of One Thousand Dollars ($1 ,000.00) . Upon motion of Mr. Leach., seconded by Mr . Isaacs and unan- imously adopted, it was : RESOLVED, by the Council of the Town of Leesburg, that the Town shall participate in the legal 'expenses involved in prose- cuting—the appeal in the case of the Board of Supervisors v. The Town of Ashland, on the terms and conditions set forth in the communication from the League of Virginia Municipalities dated October 27 , 1959, said sum not to exceed One Hundred Dollars ($100.00) ; and the Recorder is hereby instructed and directed to furnish the League of Virginia Municipalities with the necessary information requested in said communication. Upon motion of Mr . Leach , seconded by Mr•. Fishback, and unanimously adopted, it was : RESOLVED, by the Council of the Town of Leesburg, in Vir- ginia, that the Auditor-Treasurer be and he is hereby autho- rized and directed to charge off the 1959 taxes assessed against the Leesburg Volunteer Fire Company in the amount of Fifty One Dollars (%51 .00) ; and, BE IT FURTHER RESOLVED, that the Auditor-Treasurer be and he is hereby authorized and directed to charge off the 1959 real estate taxes in the name of Richard Harris and Sister on the property located at •South King Street , adjoining the • Town Branch, the same being the property purchased by the Town of Leesburg, said taxes being in the amount of Seven Dollars and Seventy Four' Cents ($7 .74) . Upon motion of Mr. Leach, seconded by Mr. Isaacs , and unan- imously adopted, it was : WHEREAS, the Town of Leesburg has recently acquireda tract or parcel of land situate in the Town of Leesburg fronting on King Street , from the late Richard H. W. Harris and Anne Eliza11. - beth Harris ; and, • WHE.:EAS, the Town of Leesburg was on notice of an unrecorded easement granted by the said Richard H. L. Harris and Anne Eliza- beth Harris to the Bailey ' s Community Center, Incorporated, pro- viding for a ten (10) foot right-of-way across the said tract of land on the southern boundary for egress and ingress only; and, 289 WHEREAS, the Council for the Town of Leesburg by previous resolution had offered to purchase a piece or parcel of land owned by the Bailey ' s Community Center, Incorporated for the sum of Six Hundred Dollars ($600.00) , and in said resolution agreed to recognize the said easement ; and, WHEREAS, the purpose of the purchase of the aforesaid two tracts of land is to provide for a street ; and, WHEREAS, Bailey ' s Community Center, Incorporated, by reso- lution has agreed to convey the said tract of land more particul- arly shown on the plat of Robert K. Wilson, Certified Land Sur- veyor, for the sum of Six Hundred Dollars ($600.00) , resetving_a right-of-way from the-lands' rethined-by Bailey ' s : Community Center, Incorporated across the land to be conveyed to the Town of Lees- burg for' egress' and'-ingress "only, . and:uponcthe further.scondition that .the. Town of‘ Lees<Jurg_execute :aLproper dedd of easement con- veying to Bailey ' s Community Center, Incorporated, a right-of-way ten (10) feet inividth on. .theisouthern”boundary..of'_the aforesaid Harris land for egress and ingress only; CV M • NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town 0, of Leesburg that the Town Attorney be and he is hereby authorized Q to prepare a deed conveying such easement to the Bailey' s Com- et munity Center, Incorporated, which said instrument shall be de- livered to the Bailey ' s Community Center, Incorporated on the delivery of the deed of conveyance from the Bailey ' s Community Center, Incorporated to the Town of Leesburg; and, BE IT FURTHER RESOLVED, that the Mayor shall execute the said deed of easement on behalf of the Town of Leesburg and the Recorder shall affix the seal of the Town; and, • BE IT FURTHER RESOLVED, that GEORGE E. WARD, Auditor- Treasurer for the Town of Leesburg, shall draft a check in the sum of Six Hundred Dollars ($600.00) payable to Carleton Penn, attorney for Bailey 's Community Center, Incorporated, upon the request in writing of the Town Attorney, and shall also draft a check payable to J. T. Martz , Clerk of theCircuit Court for Loudoun County for the recording costs required in completing this transaction. Upon motion of Mr. Pumphrey, seconded by Mr. James , and ' unanimously adopted, it was : WHEREAS , that thetCouncil:.for the._Town . of_.Leesburg .has requested the'Planning Commission to submit its recommendations respecting certain changes in the Subdivision Ordinance for the Town of Leesburg, relating to the definition of subdivision; and, WHEREAS, the Planning Commission has recommended certain changes and the Council considers that such changes should be adopted with certain modifications ; BE IT THEREFORE RESOLVED, that the Recorder be and she is hereby authorized and directed to publish notice of a Public Hear- ing for the purpose of amending said Ordinance by the Council on November 30, 1959, at 8 :00 P. M. in the Council Chambers , Town Office Building, Leesburg, Virginia; and, BE IT FURTHER RESOLVED, that the Zoning Administrator shall notify the Board of Supervisors of Loudoun County, of the proposed amendments . Upon motion of Mr . Leach, seconded by Mr . Isaacs , and unan- • • imously adopted, it was : 4 ® / WHEREAS , certain changes appear necessary in the present Zoning Ordinance of the Town of Leesburg, in order to conform said Ordinance with the proposed changes in the Subdivision Ordinance ; BE IT RESOLVED, by the Council of the Town of Leesburg, that the attached list of proposed amendments be transmitted by the Recorder. to the Planning Commission for report and recom- mendation with respect thereto,^: Page 3 Amend II Article. 2-2-3 to read as follows : "Each new 'dwelling structure, other than a farm 'dwelling, shall be on a separate lot fronting upon a public street , or existing easement , etc " Page 19 Amend Section 8-2-6-1 to read as follows : "On a narrow lot of official record at the time o8 enact- ment of this Ordinance, or hereinafter legally divided, the side yards may be reduced, etc " i.. Page 20 Amend Section 8-2-7 to read as follows : "On a lot less than one hundred (100) feet deep, of official >- - record at the time of enactment of this Ordinance , or heneinafter legally divided, the rear yard may be reduced,etc ,, Page 30 Amend . Section 15-1-5 by inserting a period after the word purposes : Upon motion of Mr. Isaacs , seconded by Mr. Leach, and unanP imously adopted, it was : - RESOLVED, by the Council of the Town of Leesburg, in Virginia, IIthat the Ordinance entitled "An Ordinance to Amend the Motor Vehicle Ordinance for the Town of Leesburg by the Inclusion of Additional Provisions , Using as the Number for Each Provision the Identical Number of the Parallel Provision of Title 46 . 1 of the 1950 Code of Virginia, as amended, "be and the same is hereby adopted; and, BE IT FURTHER RESOLVED, That the Recorder for the Town of Leesburg, in Virginia, is hereby authorized and directed to spread said Ordinance on the Current Ordinance book of the Town of Leesburg. There wing no further business to .4e . o e the meeting, upon motion duly made , seconded and_-carr e6,11meeting adjourned. r . ayor�