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HomeMy Public PortalAbout1960_01_11 2591 , REGULAR MEETING, JANUARY 11, 1960 A regular meeting of the Council of the Tavn of Leesburg, in Virginia; was held January 11, 1960. George J. Babson, Mayo; called the meeting to order at 7: 10 P. M. There were present: C. Maloy Fishback, Emerson H. James , George E. Isaacs, Hunter M. Leach,. J. W. Pumphrey and Austin J: Wright, Councilmen. The minutes of the regular meeting held December 14, 1959 were approved as read. The minutes of the special meeting held December 28, 1959 , after the insertion of the word "general" before the words "Fiscal Policy" in the resolution concerning the employment of the Certi - fied Public Accountants, were approved as read. The Auditor-Treasurer presented his financial statement for the month of -December, General Fund, Sewer Debt Furl, Sewer Con- struction Fund; also the quarterly report, yearly report and the Cq bills for the preceding month. M M Upon motion of Mr ._ Fishback, seconded by Mr. James , the a following resolution was unanimously adopted: WHEREAS, the Auditor-Treasurer has presented a report of all receipts and disbursements for the quarter ending December 31, 1959; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Tovn of Leesburg, in Virginia, that the Auditor-Treasurer by art he is hereby 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. Upon motionvdf Mr . Isaacs , seconded by Mr. Janes , the follow- ing resolution was unanimously adopted: BE IT RESOLVED, by the Council of ,the Tann of Leesburg, in Virginia , that the Auditor-Treasurer be and he hereby is autho- rized to pay the following bills: Virginia Electric & Power Co. $ 515. 76 C. & P . Telephone Co. 117.35 Shenandoah Guns 105. 64 Loudoun Times Publishing 03.4- 34.10 J. F. Peebles & Son 10.04 William H. Spencer, Jr. 10.80 T. J. Hatcher 11 .05 Leesburg Hardware 7.48 Community Oil Co. , Inc . 95.06 Loudoun Packing Company 3a.59 Newton & Kaufman .75 Southern States Leesburg Cooperative .4. 95 Winchester Electric Service , Inc. 26.20 Va. Trap Rock, Inc. 20. 10 McDonald & Jen}tins 14 .95 Rohr' s Sc? to ; 1.00 Store 1.63 Hankey' s Radio Service -- 8. 00 Bishhop' s "66" Service 2.50 ' L. S. Hutsbieon. Esso Stations 13. 99 Leesburg Motors, Inc, 9. 10 J. T. Hitst & co. , Inc, 168.05 Old Dominion Press, Inc. 25.29 Kenneth E. Henry Co. 184. 75 298 Western Pennsylvania Chemical Co. , Inc: 13. 50 Raymond R. Rodrick, Distributor 129.54 Marken & Bielfeld, Inc . 66.90 Badger Meter Mfg. Company 167.32 Koontz Equipment Company 41 .51 Frederick Iron & Steel, Inc. 19.25 Robert K. Wilson, Surveyor --- 331 .25 George M. Martin, Town Attorney 503 .00 Total $2698.40 • Upon motion of Mr . Fishback, seconded by Mr. Wright , tile following resolution was unanimously adopted: RESOLVED, by the Council for the Town of Leesburg, in Vir- ginia , that the Issuing Justices far the Town of Leesburg be paid a fee of One Dollar and Fifty Cents ($1.50) for each warrant of arrest or subpoena issued by:said Issuing Justice . Council recessed at 8:25 to provide time for the Adminis- trative Committee to meet. The Committee rose to report at 10:25 P. M. Upon motion of Mr. Isaacs, seconded by Mr. Fishback, the • following resolution was unanimously adopted: WHEREAS, Warren C. Perrow has submitted a written contract setting forth the services and fee which will be charged oythe said Warren C. Perrow for his engineering services to the Town of Leesburg in the construction of the sewage and water exten - sions; and, WHEREAS, the said contract includes an additional figure of Eight Hundred Thirty Seven Dollars and Fifty Cents ($837.50) for services previously rendered; BE IT RESOLVED, by the Council of the Town ofLeesburg, that the written contract for engineering services of WarEn C. Perrow, Engineer for the Town of Leesburg, be and the same is hereby approved and accepted; and, BE IT FURTHER RESOLVED, that the Mayor execute the said contract on behalf of the Town, and that the Recorder affix the seal of the said Town and attest the same, and that .the same be soread :uoon the minutes : and, ? BE IT FURTHER RESOLVED, thatthe Auditor-Treasurer be and he is hereby authorized and directed to pay to the aforeaaid Warren C. Perrow the sum of Eight Hundred Thirty Seven Dollars and' Fifty Cents ($637.50) for the services previously rendered, as set forth in said contract, as follows : CONTRACT FOR ENGINEERING SERVICES • THIS CONTRACT, made and entered into this 11th day of January , 7_ 60, between THE TOWN OP LEESBURG, VA. , ( Owner ) and I/WARRI3d .C . PERROW, ( Consulting Engineer, of Richmond, Virginia, Engineer) , WITNESSETH: That the Owner contemplates the constrsctthon of extensions in the present water and sewerage system and hereby employs the Engineer to perform the following engineering services in connection with such construction and agrees to pay for such services as hereinafter set forth. • 2.9 9 1. Services agreed to be performed by the Engineer are as follows : ( a) To make a study of areas contemplated to be covered by the above named improvements and, should information disclosed by topo maps and other data available be found inadequate , to - direct the Owner ' s Surveyor in obtaining the information needed, such surveys to oe of sufficient accuracy to determire the length of lines and topographical features that should be considered in - the design of said improvements and prepare a layout plan of the area. Such plan to be in sufficient detail to indicate the sur- face features bearing on the cost of such improvements and as necessary to permit an approximate cost of the worktto be esti- mated and a "Financial Schedule" to be prepared, and , To confer with the Owner from time to time as required during the initiation of such improvements, and to confer with applicable State or Government Agencies having jurisdiction in order that the design may comply with existing requirements. ^1 For this service, the Engineer shall be paid the amount of Eight Hundred Thirty Seven Dollars and Fifty Cents ($837.50) . Q „ a1.(b) To prepare complete detailed plans and specifications of the proposed work, including all ,pumping stations, treatment plants, pipe lines and connections , manholes, etc. , together with bidding proposal forms , construction contract forms, bond forms, and other necessary' contract documents . The design shall include such pipe mains and laterals as deemed necessary to meet the requirements of the Town within the foreeeable future and shall meet the requiremetts of the State Department of Health and other Agencies having jurisdiction. I The Engineer agrees to confer with the .Owner from time to time 'as required, to assist the Owner in interesting experienced and qualified contractors in bidding on the work, canvass , con- struction bids, and assist the Owner in the award of the c in- struction contract. - ( c) The Engineer, or his representative, shall visit the site of the work as often as may be necessary during the period of construction, go over the work in -detail with the Inspector and the Contractor, and attdnd conferences with the Owner to discuss the work when requested or required. He shall mbeck shop drawings for compliance with the specification, shall check and approve estimates for partial payments to contractors, and shall check and approve cost records for such work as done by force--account . (d) During the period of construction the Owner shall provide and pay the salary of a competent Inspector , whose qualifications shall be approved by the Engineer, to inspect the work performed by. the Contractor and to check and set grades for construction, as required. It shall be the duty of the In- spector to see that the requirements of the plans and specifications are carried out . 2. Fees for Engineering work : Payments, based upon the fee schedule set forth below, shall be made the .tngineer for services rendered. The percent fee shall be based upon a fair estimated construction cost which whall be subject to adjustment with the actual cost of construction when the project is completed. 340. • • Cost of Water Distribution Cost of Pumping Stations and Sewage Collection Systems Sewage Treatment Slants , etc. $25,000 or less 9.5% $25 ,000 or less . 10.096 50,000 8.0% 50,000 910% 100,000 7.5% '100,000 8.096 200,000 6 :5% 200;000`% 7 .5% 400,000 6 .3% 400,000 7 .0% I Where the estimated or actual cost of construction falls bet- ween two of the amounts listed in the fee scale , the percentage fee to be paid shall be interpolated between the aforesaid amounts . 3. Payments : • Upon approval of the work set forth in Item 1-a and 1-b the Engineer is to be paid by the Owner the amount set forth in Item 1-a and 70% of the fee for engineering worktased upon esti- mated construction cost of the project ; 20% of the fee to be paid during the progress of the construction, and 10% upon com- pletion and acceptance of the project by the Owner, all as speci- fied in Item 2 of this contract . • * * * * * i * * * * * * * If it should be necessary to make any test borings or dig test pits to determine the type of foundation available for structures , the Engineer shall supervise the making of necessary tests but the actual cost of such work is to be paid by the 'Owner. In witness whereof the Town of Leesburg, in Virginia, and the firm of Warren C. Pernow, Consulting Engineer, have caused this agreement to be signed this 27th, day of January, 1960. '%/s/ Town of Leesburg, Virginia (Owner) Attest : /s/ Sybil W. Wanner By /s/ George J. Babson, Mayor Attest : Clinton F. Hays 3 /s/ Warren C. Perrow (Consulting Engineer) Upon motion of Mr. Fishback; sedonded by Mr. James , the fol- lowing resolution was unanimously adopted : BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that George E. Ward, Auditor-Treasurer, be and he is hereby authorized to purchase a Model B Trojah'.Pipe Puller and Pusher for the approximate price of Five Hundred Dollars $500.00) , which is estimated to he the sum sufficient , and which is hereby appropriated from the Water and Sewer Fund. Upon motion of Mr. Leach, seconded by Mr . Wright , the fol- lowing resolution was unanimously. adopted : • WHEREAS, the Town of Leesburg has entered into negotiations for the purchase of a certain tract or parcel of land situate in Broad Run Magisterial District , Loudoun County, Virginia, con- • taining in the aggergate 24 . 13 acres , from Alfred L. Phillips and Clara B. Phillips, his wife, a copy of which is spread on the records of the Town; and, • WHEREAS, the Town Attorney has had an opportunity to exam- ine the title to said land and reports that the title is free of any defects ; and, WHEREAS, the Town of Leesbnrg desires to accept the offer to purchase said land for the said price ; • 30I.: NOW, THEREFORE, BE IT RESOLVED, that George E. Ward, Aud- itor-Treasurer, be and he is hereby authorized to issue a check in the sum of Seventy Five Hundred Dollars ($7500.00) payable to Alfred L. Phillips, Clara B. Phillips, William N. Phillips and Christine N. Phillips , which shall be furnished the Town Attorney for delivery to the vendors in payment for the said land, upon the execution of the aforesaid deeds , and that the agreement previously referred to, be executed on behalf of the Town by the _Mayor and the seal of the Town affixed thereto and attested by the Recorder of the Town; and, BE IT FURTHER RESOLVED, that George M. martin, Town Attorney, and Stilson H. Hall , 'Esquire, be and they are hereby authorized to conclude and close this transaction on behalf of the Town of Leesburg, and that George E. Ward, Auditor-Treasurer, be and he is hereby authorizedto issue an additional check in payment of all recording fees and costs and that the said Town Attorney and • Stilson H. Hall shall provide for the proper pro-ration of taxes, insurance and other charges at the time of the closing of this Cg 7 purchase . cit Q AGREEMENT ct r-. THIS AGREEMENT made this 5th day of January, - 1960, between the Town of Leesburg, in Virginia, a municipal corporation, Party of the First Part , and Alfred L. Phillips and Clara B. Phillips, his wife, Parties of the Second Part . WITNESSETH : That , Whereas , by deed dated January 5, 1960, Alfred L. Phillips and Clara B. Phillips , his wife, conveyed unto the Town of Leesburg, in Virginia, a certain tract or parcel of land therein particularly described, situate, lying and being on Route No. 625, about eight miles South of the Town of Leesburg, in Broad Run Magisterial District , Loudoun County, Virginia ; and, Whereas , the aforesaid parties have agreed that a house on said premises may be used by Annie M. Phillips, mother of Alfred L. Phillips, until May 1 , 1960; that cut timber may be removed from said premises by Alfred L. Phillips and Clara B. Phillips, his wife, and that a quantity of lumber now stored in an unfinish- ed building may be removed therefrom;. and, Whereas, the parties hereto desire that the agreement between them shall be incorporated in a written agreement . Now, Therefore, for and in consideration of the premises and of the sum of Five Dollars ($5.00) in hand paid by the Parties of the Second Part to the Party of theFirst Part , at and before the sealing and delivery of this agreement , the receipt of which is hereby acknowledged, the Parties hereto covenant and agree as follows : (1) That Annie M. Phillips , mother of said Alfred L. Phillips , shall have the right to use the house located on said premises wherein she now resides until May 1 , 1960, free from all rental charge , but possession of said house shall be personal to Annie M. Phillips and the house shall not be rented to any other person. The occupancy of said house shall not be considered atenancy, but merely a license terminating on May 1, 1960, on which date the possession of the house shall be delivered to the party of the First Part . Should said house be damaged or destroyed by fire or any other casualty the party of the first -part shall not be under any obligation to repair or restore the said building. • 302 (2) That all cut timber on said premises may be removed by the parties of the secohd part on or before May 1, 1960, but any that may remain on .the premises after May 1 , 1960, shall immediately become the property of the. party of .the first part . (3) That all lumber stored in the unfinished house on said premises shall remain the property of the parties of the second part , but any lumber remaining in said house after May 1 , 1960, shall immediately become the property of the party of the first part . IN WITNESS WHEREOF, the party of the first part has caused this agreement to be signed and acknowledged in its corporate name by George J. Babson, its Mayor, and its corporate seal to be hereto affixed and attested by Elinor M. Cunningham, its Recorder, said- officers being thereunto duly authorized, and the - parties of the first part have hereunto set their hands and. seals . THE TOWN OF LEESBURG, .IN VIRGINIA BY Mayor . ( (SEAL) ) • Affixed and Attested : • By Recorder (SEAL) • Alfred L. Phillips (SEAL) y' Clara B. Phillips • STATE OF VIRGINIA, COUNTY OF LOUDOUN, to-wit : I, , a Notary Public in and for the County of Loudoun, in the State of Virginia, do certify that George J. Babson and Elinor M. Cunningham, whose names „as Mayor and Recorder, respectively, of the Town of Loesburg, in Virginia, are signed to the foregoing agreement bearing date on the 5th day of January, 1960, have each this day acknowledged the same before me in my County and State aforesaid. Given under my hand this day of January, 1960, Notary Public My Commission expires : • • • STAVE OF VIRGINIA , COUNTY OF LOUDOUN, to-wit : I, , a Notary Public in and for the County of Loudoun, in the State of Virginia, do hereby certify that Alfred L. Phillips and Clara B. Phillips , his wife , whose names are .signed to the foregoing agreement bearing date on the 5th day ofJanuary , 1960, have each this day acknowledged the same before me in my County and State aforesaid. Given under my hand this day of January, 1960. I . 3•03 Notary Public - My- Commission expires : • Upon motion of Mr. Leach, seconded by Mr . Pumphrey, the following resolution was unanimously adopted : BE IT ORDAINED, by the Council for the Town of Leesburg, in Virginia, that it shall be unlawful to operate any vehicle on any of the below designated streets in any other direction than that indicated : • North on Wirt Street from Market to North Street ; - South on Liberty Street from North to Market. Street . The penalty for violation thereof shall be a fine of a minimum of One Dollar ($1 .00) and a maximum of Ten Dollars eg ($10.00) . Cn C; Upon motion of Mr. Fishback, seconded by Mr. James , the following resolution was unanimously adopted : WHEREAS, the Planning Commission has recommended that the request of Loudoun Properties, Incorporated, for the vacation of Fairfax Street in the Subdivision known as "Virginia Village , " be granted; BE IT RESOLVED, by theCouncil of the Town of Leesburg that Loudoun Properties, Incorporated, be advised teat upon the . presentation of proper instruments of vacation, that the Council of the Town of Leesburg will execute such instruments vacating the said Farifax Street . Upon motion of Mr. Leach, seconded by Mr. James , the follow- ing resolution was unanimously adopted: BE IT RESOLVED, that the Council of theTown of Leesburg, in Virginia, prohibit any further encumbrances of the General Fund for capital outlays without the specific prior approval of the Council ; and, BE IT FURTHER RESOLVED, that the Auditor-Treasurer be and he hereby is requested to furnish the Committee, at its meeting January 25, 1960, with an account of the encumbrances outstand- ing, as of December 31 , 1959, against the General Fund. Upon motion of Mr. Pumphrey, seconded by Mr. Fishback, the following resolution was unanimously adopted : RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA , DESIGNATING DEPOSITORY BANK BE. IT RESOLVED, that the Peoples National Bank of Leesburg, Leesburg, Virginia, is hereby designated as a depository of this Town and that a checking account be maintained in the name "Town of Leesburg, Virginia, Police Court , " with said bank, and that payments from said account shall require- the signature of the Clerk of Court and the counter signature of the Police Justice, on behalf of this Town, and in its name. • BE IT FURTHER RESOLVED; that the Clerk of. Court and the Police Justice 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 o-f money from said account . 3-64 BE IT FURTHER RESOLVED, that the Clerk of Court of this Town is hereby authorized on behalf of this Town, and in its name, to endorse checks , hills, certificates of deposit , or other instruments owned or held by this Town, for deposit in said account , or for collection by said bank ; to waive demand, protest and notice of protest , or dishonor of any check, bill, draft , or other instrument made , drawn orendorsed by this Town, such endorsement to be made by the Clerk of Court of this Town, or by rubber stamp endorsement containing the name of this Town without signature, or by the endorsement of any person by such writing as to designate that the instrument is intended. to be • credited to said account of this Town. • BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia, be and it hereby is authorized to honor, receive , dertify, or pay all instruments signed in ac- cordance with these resolutions even though drawn or endorsed to the order of any officer signing the same or tendered for cash- ing, or in payment of the individual obligation of any such of- ficer, 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 applications, and disposition of such instrument , or the proceeds thereof. BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia, be and it hereby is relieved and ' discharged from any and all liability by reason of its payment of checks, drafts, notes, bills of exchange, acceptances , or other orders that have heretofore been charged against the ac- count of this Town with said bank regardless of the signatures thereto, and the manner in which such signatures were made, and said bank is further relieved and discharged .of any and all liability by reason of its acceptances of checks, bills , certi- ficates of deposit , bills of exchange or other instruments that have heretofore been deposited to the account of this Town with said bank regardless of the endorsement thereon and the manner in which said endorsements were made . BE IT FURTHER RESOLVED, that the Recorder of this Town shall certify to said bank the names of the presently duly ap- pointed and qualified Clerk of Court and Police Justice of this Town and shall from time to time hereafter as changes in the personnel of said officers are made, immediately certify such changes in the personnel to the bank and the bank shall be fully protected in relying on such certifications of the Re-. • corder and shall be indemnified and saved harmless from any claims , demands , •expenses, loss or damages resulting from, or • growing out of, honoring the signatures of ' any officer so cer- tified, or refusing to honor any signature not so certified, or in refusing to honor any signature which may be replaced through changes made by such certifications . BE IT FURTHER RESOLVED, that all resolutions heretofore adopted for the designation of said bank as a depository, or authorizing the signing of instruments for the withdrawal of money from the accounts of this Town in said bank and for the endorsement. of instruments for deposit to the accounts of this Town in said bank are to remain in full force and effect . 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 acknowledged by said bank, and that receipt of such notice shall not affect any action taken by the depository bank prior thereto. 3ff& • BE IT FURTHER RESOLVED, that the Recorder of this Town be, and she is hereby authorized and directed to cettify to The Peoples National Bank of Leesburg, Leesburg, Virginia, the fore- going resolutions , and that the provisions thereof are in con- formity with the Charter and By-Laws of this Town, and the laws of the State of Virginia. The Mayor then advised that an annual report had been re- ceived from Frank B. Caldwell, Chairman of the Town Planning Commission, setting forth in detail tttrnumbe • preliminary , and final plats that had been appy ved by Commission from - • January 1, 1959 to January 1 , 1960 There being no further bus ssto co - be •r' the meeting, upon motion duly made the meeting adjourn' • Ci 4 Q Iti ay,•/r Q s-� REGULAR MEETING FEBRUARY 8, 1960 A regular meeting of the Town Council for the Town of Lees- burg, in Virginia , was held February 8, 1960 . The MaIor, 'George- '• 'J:`TBabson, called' the meeting to order . There were present: ' C,'Plaloy 'Fishback, Emerson H. James, George E. Isaacs, Hunter M. Leach, Ji W. Pumphrey and. Austin J. Wright, Councilmen. In the absence of the Recorder Emerson James was elected Recorder pro- tem . The minutes of the meeting of January 11, 1960, were approved as submitted. The Auditor-Treasurer presented his financial statement/ for the month of January, General Fund, Sewer Debt Fund and Sewer Construction Fund; also the bills for the preceding month, which were approved, said bills being as follows : Virginia Electric & Power Co. $ 467. 76 C. & P. Telephone Co. of Virginia 104. 17 Hankey ' s Radio Service 29.40 Leesburg Service Station 1 . 50 Bishop ' s "66" Service 1.50 Leesburg Motors , Inc. 53.00 Bishop ' s Service Station 12. 15 Paxson & Hawthorne 9.90 Virginia Trap Rock, Inc. . 37 .81 Newton & Kaufman 23.60 Mitchell ' s 10. 75 Leesburg Hardware 39.42 Estes Express Lines 4.64 T. J. Hatcher 1 .50 Loudoun Times Publishing Co. 49.60 Armfield , Harrison & Thomas 16 .85 Loudoun Packing Co. Inc . 48.23 Western Bennsylvania. Chemical Co. , Inc. 22. 50 Trojan Manufacturing Co. 485. 24 Raymond R. Rodrick, Distributor 136. 91 Garrett Insurance Agency 127.80 George M. Martin,' Town Attorney 139.75 Muse & Reed 80.5o J. T. Fritz & Sons, Inc . 10.00 Stilson H. Hall 37 . 50 George- W. Titus, Treas . of Loudoun County44 . 13 Carlea-Janitor Supply Co. 711.40 Koontz Equipment Corp. 28. 16 R. D. :food Company 153.80