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HomeMy Public PortalAbout1960_02_08 • 3O • • 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 ttre—numbe . preliminary and final plats that had been appr.ved by id Combission from - January 1 , 1959 to January 1, 1960 dig There being no further business2to co • be .r' the meeting, 1j upon motion duly made the meeting aourn= . lie CO - a. W et 1,ayi ' et REGULAR MEETING FEBRUARY 8, 1960 A regular meeting of the Town Council for the Town of Lee s- burg, in Virginia , was held February 8, 1960. The Mayor, ;.Jy�3absori, called' the meeting to order . There were present: " C,;M loy "Fishback, Emerson H. James, George E. Isaacs, Hunter M. Leach, J1 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 eennsylvania. Chemical Co . , Inc . 22.50 Trojan Manufacturing Co. 485.24 Raymond R. Rodrick, Distributor 136. 91 Garrett Insurance Agency 127.60 George M. Martin,' Town Attorney 139.75 Muse & Reed 80.5a J. T. Fritz & Sons, Inc . 10.00 Stilson H. Hall 37.50 George- W. Titus, Treas . of Loudoun County44 . 13 Carlea-Janitor Supply Co. 70.40 Koontz Equipment Corp . 28. 16 R. D. Wood Company 153.80 306- • • J. T. Hirst & Co. , Inc. • $ 293.88 Robert K, Wilson, Surveyor 100 .00 Community Oil Co. 80 ,78 Willage "66" Service 3. 70 • J. S. Whitmore 4 . 26 Truck Supplier, Inc . 6.24 Com. of Virginia, Dept .of `Highways 22. 21 Stationery & Office Equipment Co. 3.98 W. C. Hall 20 .00 Total $2783.57 , Council recessed at 8:00 P. M. to provide tine for the Administrative Committee to meet . The Committee Prose to re3ort at 10. 20 P. M. Upon motion of Mr. James, seconded by Mr. Fishback, the following Ordinance was unanimously adopted: BE IT ORDAINED, by the Council of the Town of Leesburg, in Virginia, as follows : ( 1) When a person charged with a violation of a Town Ordinance is admitted to bail by the Police Court Justice or the Issuing Justices for the Town of Leesburg, or an officer authorized by law so to do, for his appearance before a Court ' having jurisdiction of the case, for a hearing thereon, he may instead of entering into a recognizance with surety, give his personal recognizance and deposit, or cause to be deposited for him, in cash, the amount of bail he is required to furnish, • with such court or officer, who shall give to theperson whose • funds are so deposited, an official receipt therefor . (2) In order that the said Court, Issuing Justice, or ' such officers as are referred to, may be able to give such official receipt it shall be the duty of the Town of Leesburg to provide all such officers with official prenumbered receipt books in triplicate, consisting of an original and two carbon copies, the original receipt to go to the person whose finds are deposited; the first carbon copy to go to the ' Court'-before i'hpnv the person recognized is to appear, and •the second to re - main '-in the receipt book, and the said Issuing Justice or other officer with whom such cash was so deposited shall deliver the same, along with the first carbon copy of the receipt , to the Court before whom the person recognized is to appear, or to the Clerk .of such Court, if authorized by law to receive the same, who shall give him an official receipt therefor. (3) . If there be no default in the observation of the con- ditions of the recognizance, or if there be default ani it be a case which may be tried in the absence of the defendant, and he is so tried, and if, upon the trial of the case, the defen- dant be found not guilty, the money so deposited shall be re - funded to . the person making such deposit, or upon his order, but if the aefendant be found guilty, the Court trying tiecase shall apply the money, or so much thereof as may be necessary, to the payment of such fine and costs as may be adjudlged against the defendant, and the residue thereof, if any, shall be paid over to the person making such deposit, or upon his order ; provided, that if there be an - appeal from the judgment of the Court trying any such case , the money so deposited shall be paid over by such Court to the Clerk of the Court to which such an appeal is taken. If there be default in any such recognizance, and if the case be not tried in the absence of the defendant and the money deposited as hereinabove •pro- vided for, the forfeiture shall be noted of record and pro- ceedings had thereon as provided by law, and the money so de- posited shall be held subject, to the order of the Court upon the final disposition of such proceeding. 3 N- • (4) On complaint of the violation of an Ordinance of the Town of Leesburg to the Police Justice or the Substitute Police Justice , or Issuing Justice for the Town of Leesburg, he shall examine on oath the complainant and any other witnesses , if such officer sees good reason to believe that an offense has been• committed he shall issue his warrant reciting the offense and requiring the person accused to be arrested and brought before the Police Court Justice for the Town of Leesburg, or Court having jurisdiction of the case, and in the same warrant require the officer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence on examina- tion. The warrant shall be directed to any policeman or the Town of Leesburg and shall be executed by the policeman into whose hands it shall come, or be delivered. (5) Except as provided in the Motor Vehicle Ordinance for the Town of Leesburg for the issuance of summons, any process issued against a person charged with a violation of a Town M Ordinance shall be in duplicate and the officer serving such 0, process shall leave a copy with the person charged. a (6) In all cases of violation of the Ordinances of the Town of Leesburg, the person found guilty shall in addition to the fine, pay the costs of the warrant of arrest and commitment, which shall in all cases . be paid to the Police Justice Court.. • . (7 ) Whenever the Police Justice shall adjudge that an offender be fined for any violation of an Ordinance of the Town , such offender shall stand committed to jail until such fine and . , the costs are paid and all judgments shall be so expressed, provided such offender may be required to work on the Tovm pro - jects at the rate of Three Dollars (53.J0) per day until he shall have discharged the fine and costs . (+8) Upon -the conviction of any person for violation of any Ordinances of the Town of Leesburg, the Police Justice may, when exercising the function and powers of the Police Court for the Town of Leesburg, in his discretion, suspend the senbnce during good behavior of the person convicted, upon such terms and cm- ditions as ' the Police Justice may deem necessary. / 1 Upon motion of Mr. Leach, seconded by Mr . Pumphrey, the following reeolut-i&i was unanimously adopted: BE IT RESOLVED, that the Peoples National Bank of Leesburg, Leesburg, Virginia, is hereby designated as a depository of this Town sndtthatr.aechecking accoirntcbetthaintained fn=thesnamed!Town ofi:Leesburg;uVirginia, .JPblicdiCourt" , crith said Bank eandd'that='the Clerkoof saiduCour.taisihereby.author-izedito_isignoandt'the^Police Justicee_•is, author•izedrto7;affixlhisscbunterLsighature ; to-•che aks, draftsf andiother=•instruments for the payment of money from tit account of "Town of Leesburg, Virginia , Police Court ; " that the Clerk of said Court is hereby authorized to endorse checks , bills of exchange, drafts, money orders and other instruments for de- posit in said checking account, . or for collection by said Bank ; to waive demand, protest and notice of protest, or dishonor of any check, bill of exchange, draft or other instrument made, drawn ' or endorsed for deposit in said account, or for collection by said Bank; that checks, bills of exchange , drafts, money orders and other instruments, tendered for deposit in said account, may be endorsed by ruboer stamp impression containing the name "Town of Leesburg, Virginia , Police Court" , without signature , or by any person by such writing as to designate that the instrument is intended to be credited to said checking account. However , strict compliance as to the name of said Court, or as to the words "Police 308 • • Justice" or "Clerk of Court" appearing after the names of said officers on any of said instruments for the payment of money from said checking account shall not be required, and neither shall strict compliance as to the name of said Court or the words "Clerk of Court" appearing on any instrument tendered to and accepted by said Bank for deposit to the said checking account be required. BE IT FURTHER RESOLVED, that The Peoples National Bank ' of Leesburg, Leesburg, Virginia, be, and it hereby is , autho- rized to honor, receive, certify or pay all instrumemts signed in accordance with these resolutions , even though drawn or en- dorsed to the order of any person authorized to sign the sane , or tendered for cashing, or in payment of the individual ob- ligation of any such person, 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 re- solutions, or the application, or disposition of such instru- ment, or the proceeds thereof. BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia, be, and it hereby is , re- lieved and discharged from any and all liability by reason of its payment of checks, drafts or other instruments that have heretofore been charged against the account of "Town of Leesburg, Virginia, Police Court, " with said Bank, regardless of the signa- tures 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 any checks , bills of exchange, drafts, money orders or other instruments that have heretofore been deposited to said checking account with said Bank, regardless of the endorsement thereon and the manner in which such endorsements were made . BE IT FURTHER RESOLVED, that the Recorder of this Town shall certify to said Bank the names and signatures of the presently appointed and duly qualified Police Justice and Clerk of Court of this Towh, and the Recorder shall , from time to time , hereafter, as changes in the personnel of said offices are made, immediately certify such changes to the Bank, and the Bank shall be fully protected in relying upon such certificatbns of the Recorder and shall be indemnified and saved harmless from any claims , demands, expenses, loss or damage resulting from, or growing out of, honoring the signature of any officer so certified, or in refusing to honor ,any ,signature not so certi- fied or in refusing to honor any signature vh ich may be re- placed„through changea. made by any such .certification. . • BE IT-FURTHER-RESOLVED, that the resolut-i.ons relating to' the designation -of said Bank "as a depository for the account ' • of- "Town of Leesburg, Virginia', Police Court.." ; • adopted January 11, 1960, shall have no force and effect and shall be regarded. as if never adopted, and said resolutions are hereby revoked and rescinded in their entirety. BE IT FURTHER RESOLVED, that all resolutions of th-is Torn, now in force and effect, designating said Bank as a depository and authorizing the signing of instruments for the payment of money from any account of this Town with said Bank or au d riz- ing the endorsement of instruments for deposit in any account of this Tov.n with said Bank shall not . in anywise be affected or invalidated by the adoption of these resolutions . 309 BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or revocation shall have been received and ad- knowledged by said Bank, and that receipt of such notice shall not affect any action taken by the Bank prior thereto . BE IT ALSO RESOLVED, that the Recorder of th•isTTown be, and he is hereby authorized and directed to certify to The Peoples National Bank of Leesburg, Leesburg, Virginia , the foregoing resolutions ; that the provisions thereof are in con- formity with the Charter and Ordinances of this Town, and the laws of the State of Virginia. Upon motion of Mr . Fishback, seconded by Mr. Isaacs, the following Ordinance was adopted by a vote of four to two, Mr. James and Mr. Wright voting nay; • AN ORDINANCE DEFINING THE COGNIZANCE OF THE EXECUTIVE BRANCH AND THE DUTIES OF THE CHIEF EXECUTIVE OFFICER C4 r+,• WHEREAS, the Charter of the Town of Leesburg, in Virginia, Q provides that "The Mayor is the Chief Executive Officer of the d Town" and consequently contemplates and requires an executive department or branch of which he is the chief officer, therefore , BE IT RESOLVED: ( 1) That the Executive Branch of the Government of the Toign of Leesburg presently be composed of the following departments and offices : The Police Department, The Office of the Treasurer, The Utility Department, including both the water and sewerage system, The Street Department as now constituted but including the trash and garbage collection service whether by own force or by contractual arrangement ; (2) That other departments, agencies , or offices , presently existing or newly created, may from time to time be added to, or removed froth, the cognizance of the executive department by re-- solution. of the Council, but that the areas of activity outlined in (1) above shall be considered basically minimal to the exeeu tive branch; - (3) That the chief executive officer shall be responsible directly to the Council for the proper conduct and operation of all departments and offices assigned to the executive branch and therefore shall have and exercise authority and control, ( either directly• or by delegation) , over all personnel and property per- tinent to said departments and offices ; (4) That the Mayor shallhave theppower ' to suspend without pay, pending hearing before the Council, any personnel of any of the aforesaid departments, excepting officials appointed or elected by Council . II (5 ) That all prior ordinances and resolutions in conflict herewith are expressly repealed and rescinded. (6) This resolu-tion shall become effective upon adoption. Upon motion of Mr. Isaacs, seconded by Mr. Pumphrey , the following resolution was unanimously adopted: 310 RESOLVED, that the Auditor-Treasurer be and he is hereby authorized and directed to order license taga- for the Town of Leesburg, and; BE IT FURTHER RESOLVED, that the Auditor-Treasurer be and he hereby is authorized and directed to order thirty (30) ToOn of Leesburg license tags, pursuant to the request of the Lees- burg Volunteer Fire Company, the same to be red and white, which said license tags would be purchased by the Leesburg Firemen. Upon motion of Mr. Pumphrey, seconded by Mr . Wright, the following resolution was unanimously adopted: - BE IT RESOLVED, by the Town of Leesburg, that a sidewalk 30 feet long and 62 feet wide be built in front of the property owned by Mr. William C . Whitmore, located on the east side of Liberty Street. Upon_ motion of Mr . Fishback, seconded by Mr. Wright, the following resolution was unanimously adopted: BE IT RESOLVED, by the Council for the Town of Leesburg, that: (1) Mr. McKenzie Downs be and he is hereby employed under the supervision of the Town Attorney as an expert real estate appraiser to perform all services required in acquiring certain sewer and water easements at $100.00 per diam; and, (2) The Town Attorney be and he is hereby authorized to employ such other experts as are required to assist the said McKenzie Downs in performing said services. Upon motion of Mr. I'facs , seconded by Mr . James, the fol- lowing resolution was unanimously adopted: • BE IT •RESOLVED, that the Mayor be and he is hereby autho- rized to authenticate by his signature all sewer and water ease- ments on behalf of the Town oi' 'eesburg and the Recorder is directed to attest the same and affix the Town Seal , provided that said easements shall have been- first approved by the Council and the Town Attorney. Upon motion of Mr. Leach, seconded by Mr. Pumphrey, the following resolution was unanimously adopted: • BE IT RESOLVED, that the investment of the proceeds of the sale of the sewer and water bonds in United States Government Bonds designated as $100,000 U. S. Treasury 3fr% notes-, ' 5/15/60, $100,000 U. S. Treasury 4 3/4% notes , 8/15/60, $100,000 U. S. Treasury Bills , 10/17/60, be and the same is hereby ratified and confirmed. Upon motion of Mr. Leach, seconded by Mr . Jams , the follow- ing resolution was unanimously adopted: BE IT RESOLVED, by the Town of Leesburg, that three street lights be installed on Fairview Avenue . • There being no further business to come before the meeting , upon motion duly made , the meeting adjourned. ' era: Mayor