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HomeMy Public PortalAbout1960_04_11 9. Upon Upon motion of Mr. Leach,. seconded by Mr . James , the following resolution was unanimously adopted: BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the Towh bear the entire cost ofstall tionof he aoutting sewer' laterals and water toiproperty lines property owners. • Upon motion of Mr. FPumphrle, sandnMr.d brifht voting nay, theMr. Isaacs, and by a vote of four to two, Mr . Pumphrey - following resolution was adopted: BE IT RESOLVED: by the Council for the Town of Leesburg, in Virginia, that the Town ben the entire cost of maintenance of sewer- laterals andwater lines to the property lines of the a'outting property owners . — `Upon motion of Mr. James, .seconded by Mr .Wright, the following N resolution was unanimously adopted: CO -BE IT RESOLVED, by the Council -for tl Town of Leesburg, that Q the following funds be and they are hereby appropriated as follows : • 1 . Nine Hundred Dollars (3900.00)-materials for fences and / posts on land fill, which shall be appropriated from the • General Fund Surplus . • • 2. Four Hundred Five Dollars (3405.00) -motor and Dump, which shall be appropriated from water and sewer revenue. 'There being no further business to come before the meeting, upon motion duly made and sedonded, the mee ing adjourned. I/ • / OP • / ar Mayor REGULAR MEETING, APRIL 11, 1960 A regular meeting of the Council for the Town of Leesburg, in Virginia, was called to order by Mayor George J. Babson, on • April 11, 1960 at 7:00 P. M. There were present Maloy Fishback, George E. Isaacs, Emerson H. James, Hunter M. Leach, John W. Pumphrey and Austin J. Wright, Councilmen. • $a the absence of the Recm der Mr. James was elected Recorder pro-tem. The minutes of the Regular meeting of March 14 were approved as read and corrected. The minutes of the Special meeting of March 21 were approved as submitted. Upon motion of Mr . Pumphrey, seconded by Mr . Wright , the - following resolution was unanimously adopted : BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, that the Auditor-Treasurer be and he is hereby autho- rized to pay the followint bills : 320 Virginia Electric & Power Co . $ 467 .46 C. & P. Telephone Co . of Virginia 102 . 10 L. S . Hutchison Esso Stations 11 .90 Hankey ' s Radio Service 8.00 Village "66" Service 1 .25 The Brock Chevrolet , Inc. 5 .50 Hatcher-Wynkoop Oil Co . , Inc . 72 .00 M & G Motors 299 .99 Washington Distribution Section U . S. Geo- logical Survey 1 .80 Hough ' s Gulf Service 1 .25 Western Pennsylvania Chemical Co . , Inc . 13 .50 Newton & Kaufman 5 .00 Raymond R. Rodrick, Distributor 125 .73 Leesburg Hardware 15 .87 Virginia Trap Rock , Inc . 21 .31 • Bishop ' s Service Station 4 .65 Loudoun Times Publishing Co . 14 .00 Southern States Leesburg Cooperative 14 .46 Stationery & Office Equipment Co . - 14 .35 Marken & Bielfeld, Inc . 38.31 Estes Express Lines 4 .11 Penitentiary Industrial Department 197 .75 Community Oil Co . , Inc . 82 .72 Crider & Shockey , Inc . 55 .87 Gallant , Incorporated 557 .53 George M. Martin, Town Attorney 250.00 T. M. Dillow 637 .42 Gilbert Halasz 118 .00 Charlie Tait 28.00 Warren C. Perrow, Consulting Engineer 59.68 Total $3229.51 Upon motion of Mr . Fishback , seconded by Mr . Leach, the following resolution was unanimously adopted : . WHEREAS, the Auditor-Treasurer has presented a report of all cash receipts and an analysis of all disbursements for the quarter ending March 31 , 1960 ; NOW THEREFORE, BE IT RESOLVED by the Council of the, Town of Leesburg, in Virginia, that the Auditor-Treasurer be and he is hereby authorized and directed to have a copy of said report published in a newspaper in said Toan and also to post a copy in front of the Court House in said Town. Upon motion of Mr. Fishback , seconded by Mr. James , the following resolution was unanimously adopted : WHEREAS, the Town Attorney has indicated his approval of the performance bond of English Construction Company, Inc . ; BE IT THEREFORE RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the construction contract with English Construction Company, Inc . , performance bond, and Certificate of Insurance submitted by said Contractor, be and the same are hereby ratified and confirmed, provided -the follow- ing insertion is made and accepted by the Contractor in said contract , i . e . "and the letter of March 16 , 1960 from the con- tractor agreeing to certain changes in its proposall -after March 22, 1960; " and, BE IT FURTHER RESOLVED, that the Recorder be and she is hereby directed to insert the date of ratification in said contract as well as the above "insertion; " and, 321 BE IT FURTHER RESOLVED, that the Mayor shall authenticate by his signature , the said contract , and shall forward the re- quisite copies of each instrument to the appropriate party, at- taching thereto copies of said letters , notice of award and Specifications covering Proposed Improvement to the Water and Sewerage Systems ; and, BE IT FURTHER RESOLVED, that the original of this contract IIand supporting documents be preserved in the Town Archives by the Recorder . Upon motion of Mr . Fishback, seconded by Mr . Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, . in Virginia, that the Auditor-Treasurer be authorized and directed to expend from the water and sewer fund, the sum of approximately _Thirteen Hundred Dollars ($1300.00) for supplies for the water N and sewerage systems of the Town of Leesburg. M M Upon motion of Mr . Pumphrey , seconded by Mr . Wright , the et following resolution was unanimously adopted : et WHEREAS, the Council for the Town of Leesburg, 'finds it necessary to acquire an easement for a sewer line over and across a certain tract or parcel of land situate , lying and being in the Town of Leesburg fronting on Route No . 7 and Route No. 639, " which said parcel of land is owned by Elizabeth B. Riley ; and, WHEREAS; the course of said easement as set forth on the plat made by Robert K. Wilson , Certified Land 'Surveyor, on October 14, 1959, .and a sketch of the agreement containing the terms thereof have been considered and approved by the Council ; and, WHEREAS, the Council , in order to determine the value of the proposed easement , employed N. McKenzie Downs , Real Estate Appraiser, to make an appraisal thereof based on said plat and agreement ; and, WHEREAS, the said N. McKenzie Downs submitted his report and recommendation on March 9, 1960, in which he states that in his opinion the value of the easement is One Hundred Twenty Five Dollars ($125 .00) ; and, • WHEREAS, the Council wishes to acquire the aforedescribed sewer line easement ty purchase ; NOW , THEREFORE, BE IT RESOLVED by the Council for the Town of Leesbugg, that the said Elizabeth B. "iley and Lowell M. Riley, her husband, he and they -are herbby offered the sum of One Hundred Twenty Five Dollars ($125 .00) for said sewer line easement as described on the aforesaid plat and according to the terms set forth in the sketch of the agreement ; and, BE IT FURTHER RESOLVED, that the Mayor be and he is hereby authorized and directed to submit this offer on behalf Of the Town of Leesburg to Elizabeth B. Riley and Lowell M. Riley, her husband, by transmitting a certified copy of the above resolution together with a copy of the plat and agreement by registered m5Til , and to request in the letter of transmittal that the said Elizabeth B. Riley and Lowell M. Riley, her husband, notify the Council within seven (7) days from the receipt of the letter of transmittal , their decision with respect thereto ; and, BE IT FURTHER RESOLVED, that the Auditor-Treasurer be and ' he is hereby authorized to execute a check payable to Elizabeth B. "iley for the purchase of said easement , and that the Auditor-Treasurer shall deliver this check to the Mayor for in- clusion in the aforesaid letter of transmittal . 322 AGREEMENT THIS AGREEMENT, made this day of March, 1960, between ELIZABETH B . RILEY and LOWELL M. RILEY, her husband, Parties of the First Part , and THE TOWN OF LEESBURG, IN VIRGINIA , a munici- pal corporation, Party of the Second Part . IV I T N E S S E T H : That for and in consideration of the sum of One Dollar ($1 .00) in handpaid to the Parties of the First Part at and be- fore the sealing and delivery of this agreement , the receipt of which is hereby acknowledged, the said Parties of the First Part hereby grant unto the Town of Leesburg, in Virginia, Party of the Second Part , the right to enter upon, construct , maintain, replace or repair an underground sewer line hereinafter describ- ed through a portion of that certain tract of land situate, ly- ing and being in the Eastern part of said Town, and being a portion of the same land conveyed unto Elizabeth B. Riley by that certain deed recorded in the Clerk ' s Office .of the Circuit Court of Loudoun County , Virginia , in Deed Book 15 M ' s , at Page 250. It is hereby mutually understood and agreed by the Parties hereto as follows : ' (1) The said easement , according to plat made by Robert K. Wilson, Certified Land Surveyor, dated October 14 , 1959, is at- tached hereto and by reference made a part hereof. • (2) Not more than four (4) manholes shall be constructed on the easement . The manholes shall belocated as shown on said plat , and they shall not project above the present ground level . (4) The Parties of the First Part shall fully use and enjoy the land embraced in the aforesaid easement , except as to the rights herein granted . (5) The Party of the Second Part , its agents and employees , shall , at all times , after the sewer lines are completed, have the right to enter upon the land embraced within the limits of said easement , to inspect , maintain, repair and replace the said sewer lines , and the Party of the Second Part hereby agrees to hold and save harmless the Parties of the First Part , their personal representatives , heirs and assigns , from any and all damage arising from its use of the easement , and the said Party of the Second Part agrees to pay any damage or damages which may arise to the property , premises and/or rights of the Parties of the First Part through use by the Party of the Second Part of the easement herein granted. (6) Upon completion of the sewer lines , the trenches shall be back-filled, all existing earth , trash and material removed, and the premises shall be restored as nearly as possible to their original condition, including the reseeding of the area damage . • (7) The said easement shall be five (5) feet in width on • each side of the center line as described on said plat ; with an additional five (5 ) feet on each side for work area on a tem- porary basis . IN WITNESS WHEREOF the said Elizabeth B. Riley and Lowell M. Riley , her husband, have hereunto set their hands and seals and the Town of . Leesburg, in Virginia, has caused this agreement to be signed and acknowledged in its corporate name by George J. 32.2 • ' 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 to act . (SEAL) Elizabeth B. Riley (SEAL) Lowell M. Riley THE TOWN OF LEESBURG, IN VIRGINIA a municipal corporation By Mayor ( (SEAL)) -Attest : CC Recorder et et • Upon motion of Mr. Isaacs , seconded by Mr . James , the following resolution was unanimously adopted : • BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the Town Attorney and Zoning Administrator be and they are hereby authorized and directed to apply on behalf of the .Town of Leesburg to the appropriate agencies for a Use Permit to conduct a sanitary land-fill on the Phillips property located at Watson, Broad Run Magisterial District , Loudoun County, Virginia. Upon motion of Mr . Wright , seconded by Mr . Fishback, . the following resolution was unanimously adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, as follows : (1) That Lucy diZerega and Carleton Penn, Esquire, her attorney, be advised by the Town Attorney that the Council is of the opinion that the agreement entered into on the 17th day of June , 1957 , and recorded in Deed Book 368, Page 382 in the Clerk ' s Office of the Circuit Court for Loudoun County , is null and void. (2) That the Town of Leesburg has an easement to take water from the upper or "Rock Spring" and intends to continue to take water from the said upper or "Rock Spring" without cost to the Town. (3) That the. Town of Leesburg does owe Lucy diZerega One Hundred Fifty Dollars ($$250.00) per annum for use of water from the lower spring; that the proper adjustments will be made with respect thereto ; and that the Council would like to enter into a new agreement with respect to the use of water from said lower spring. Upon motion of Mr . Isaacs , seconded by Mr . James , the following resolution was unanimously adopted : . BE IT RESOLVED, by the Council of the Town of Leesburg, in • Virginia , that ohe parking meter be removed in front of the Essotane Store located on the west side. of King Street between 324 • Market and Cornwell Streets and a commercial loading zone be pro- vided there . • • Upon motion of Mr . James , seconded by Mr . Leach, the follow- ing resolution was unanimously adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the Virginia Electric Power Company be requested to install lights on the Chesapeake and Potomac Telephone Com- pany poles number 1 , . 3 and 5 in the Fairview Subdivision and on VEPCO pole number LAE12 on Fort Evans Road. Upon motion of Mr . Pumphrey, seconded by Mr . Leach, the following resolution was unanimously adopted : BE IT RESOLVED, by the Council for the Town of Leesburg, • in Virginia, that the Virginia Department . of Highways be re- quested to include in their Secondary System of Highways , Parker Court , located in the L. W. Parker Subdivision. Upon motion of Mr . Pumphrey, seconded by Mr . Wright , the . • following resolution was unanimously adopted : BE IT. RESOLVED, by the Council of the Town of Leesburg, • in Virginia, that the Virginia. Department of Highways be re- quested to remove the tree located on the north side of Market Street , approximately thirty feet east of North Liberty Street . Upon motion of Mr . Fishback, seconded by Mr. James , the following resolution was unanimously adopted : • BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the 21st and 22nd of April he designated as the two days set aside for Clean Up Week for the Town of Lees- burg. • Upon motion of Mr. Fishback, seconded by Mr . Isaacs, and unanimously approved the following resolution adopted at the special meeting of March 28 is hereby rescinded : BE IT RESOLVED, by the Council for the Town of Leesburg, - in Virginia, that the Town bear the entire cost of maintenance of sewer laterals and water lines to the property lines of the abutting property owners . Upon motion of Mr . Pumphrey, seconded by Mr . Leach, the following resolution was unanimously adopted : BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that as of May 1 , 1960 Elmer B. Biggs and Gene A. Keyes be hired on an annual basis of Twenty Seven Hundred Dollars ($2700.00) per year and Edwin Arnett on an annual basis of Twenty Four Hundred Dollars ($2400.00) per year. Upon motion of Mr . James , seconded by Mr . Leach, the foregoing resolution was amended and unanimously adopted as follows : BE IT RESOLVED, by the Council for the Town of Leesburg, II in Virginia, that as of May 1 , 1960 Elmer B. Biggs and Gene A. Keys be hired on an annual basis of Twenty Seven Hundred Dollars ($2700 .00) per year and Edwin Arnett on an annual basis of Twenty Seven Hundred Dollars ($2700.00) per year . • Upon motion of Mr. Pumphrey, seconded by Mr . Fishback, the followingresolution was unanimously adopted : 325 • BE IT RBSOLVED, by the Council of the Town of Leesburg, in Virginia : • (1) That as of May 1 , 1960, policemen be hired at an annual - salary of Thirty Three Hundred Dollars ($3300.00) , subject to a ' Sixty Dollar ($60.00) per year merit increase. (2) That all employees be given two weeks annual leave and one week sick leave , but said annual and sick leave shall not accrue from year to year , and that any employee being sick for more than three days shall present a Doctor ' s statement to the Treasurer, certifying said illness . (3) That as of May 1 , 1960, any part time policeman shall be paid at an. hourly rate of One Dollar and Twenty Five Cents . ($1 .25) . (4) That all employees be hired on a permanent basis ,.\/ except as provided in the Charter or otherwise indicated by the Council . et (5 ) That commending May 1 , 1960, Marlton Kirk be and he et is hereby appointed Police Sergeant at an annual salary of Thirty Nine Hundred Dollars ($3900.00) . Upon motion of Mr. Pumphrey, seconded by Mr . Fishback, the following resolution was unanimously adopted : BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the position of Inspector be authorized at a Bilary not to exceed Five Hundrdd Dollars ($500.00) per month, for the purpose of inspecting the sewer and water lines as installed by the English Construction Company, Inc . of Alta Vista, Virginia. ' Upon motion of Mr . Pumphrey, seconded by Mr. Fishback, the following resolution was unanimously adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that there shall be no parking except for the purpose of loading or unloading in any marked loading zone between the hours of 8 :00 A. M. to 4 :00 P, M. , and that said loading zones shall be so marked. By a unanimous vote of the -Council the following amendment was added to the above resolution : BE IT FURTHER RESOLVED, that any person convicted of violating the provisions hereof shall be punished by a fine of not less than One Dollar ($1 .00) nor more than Five Dollars ($5 .00) . Upon motion of Mr . Pumphrey, seconded by Mr . Wright the following resolution was brought before the Council : BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the office of Assistant Treasurer be and the same is hereby created ; that the said Assistant Treasurer shall be II under the control and cupervision of the Treasurer ; that the Assistant Treasurer shall have the following duties : (1) Accept money ; sign receipts on behalf of the Treasurer and assist in the general duties of the office of the Treasurer . (2) In the event of the incapacity of the Treasurer the Assistant Treasurer shall sign checks and vouchers on behalf of the Town of Leesburg when directed to do so by action of the Council ; and, 326 - - - BE IT FURTHER RESOLVED, that Shirley V. Everhart shall forthwith transfer her files , desk and other equipment to the first floor office now occupied by the Treasurer and that her duties as Clerk of the Police Court be conducted in the office of the Treasurer . . Upon motion of Mr . James , seconded by Mn. Wright , it was the unanimous vote that the_.foregoing resolution be tabled. Upon motion of Mr . James , seconded by Mr . Wright , the following resolution was brought before the Council and failed to pass for lack of an affirmative vote : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that all meetings of said Council shall adjourn at 10 :00 P. M. Upon motion of Mr . Pumphrey , seconded by Mr . Wright , the following resolution dated March 29, 1960 was unanimously confirmed by the Council : BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that said Council shall pay half of the premium on Group Insurance Benefits for the employees of said Town in the amount of Fifty Six Dollars and Two Cents ($56 .02) monthly. Upon motion of Mr. Wright , seconded by Mr . James , the following resolution failed to pass for lack of an affirmative vote : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the office of Cashier be and the same hereby is created; that the said Cashier shall be under the control and supervision of the Treasurer ; and that the Cashier shall have the following duties : (1) Accept money; sign receipts on behalf of the Treas-' urer and assist in the general duties of the office of the Treasurer ; and , BE IT FURTHER RESOLVED that Shirley V. Everhart shall forthwith transfer her files , desk and other equipment to the first floor office now occupied by the Treasurer and that her duties as Clerk of the Police Court be conducted in the office of the Treasurer. . There being no further business thing adjourned at 11 :40 Y. M. 1, jr -41410E—a ..ayor 1