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HomeMy Public PortalAbout1960_09_26 3'53. • WHEREAS, the Town Council is of the opinion that the in- stallation of sidewalks in said subdivision would be unsafe, undesirable, impracticable and unreasonable by reason of the topography and location of said subdivision; NOW, THEREFORE, BE IT RESOLVED, pursuant to the provisions of Section IV of the Subdivision Ordinance of the Town of Leesburg, I/ that a variance is hereby granted the subdivider with respect . thereto , and the requirement for sidewalks in said subdivision is hereby waived. 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 twenty-four 6,000 'lumen incandescent lights on Special Steel Poles , located on Market and King Streets , be N changed to 10,000 lumen incandescent lights ; that one 2500 lumen ^=' incandescent light located next to the Plaster Building on King 01 Street be changdd to a 10,000 lumen incandescent light ; that eight C 2500 lumen incandescent lights located on Loudoun Street between - Church and Wirt Streets be changed to 6,000 lumen incandescent lights . • 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, in Virginia, that two hundred and fifty dollars ($250.00) be ap- • propriated for street lighting, from the General Fund--for the purpose of the preceding Resolution. IIUpon motion of Mr. Fishback, seconded by Mr. Wright , and unanimously carried, the proposal of L. B. Mason to extend the ;Town ' s Sludge Drying Beds (Project No. 2822) at a price of One Thousand Nine Hundred and Thirty Dollars ($1, 930.00) was accepted. • The Town Attorney was requested to prepare an appropriate contract. There being no new or unfinished business to come before the Council , upon motion of Mr . James, seconddd by Mr. Wright , the meeting adjourned. ,,/ . . Mayor • REGULAR MEETING, SEPTEMBER 26, 1960 • A regular meeting of the Council for the Town of Leesburg, in Virginia, was to be held at 8 :00 P. M. , September 26 , 1960. George J. Babson, Mayor, called the meeting to order at 9 :10 P. M. There were present : C. Maloy Fishback, George E. Issacs, Emerson H. James, Hunter M. Leach, John W. Pumphrey and Austin J. Wright . IIUpon motion of Mr. Leach, seconded by Mr . Wright, the minutes " of the meeting of September 12, 1960, were unanimously approved as written and previously read. Upon motion of Mr. Fishback, seconded by Mr . James, the following resolution was unanimously adopted: • 354. BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia, that the portion of the sewer pipe broken by the Contractor for Bentley-Davis & Associates , Architects, on the Barber & Ross site located on the north side of Catoctin Street , be accepted as repaired and replaced. Upon motion of Mr. Fishback, seconded by Mr. Wright, the following resolution was unanimously adopted: BE IT ORDAINED, by the Council for the Town of Leesburg, in Virginia, that the owner of each lot or parcel of land which abutts upon a street or other public way containing a sanitary sewer, at any point where such lot or parcel of land abutts on said street or other public way, which is a part of, or which is served, or may be served by the sewer system opera- ted by the Town of Leesburg, and upon which lot or parcel a building shall have been constructed for residential , commercial , industrial or recreational use , is required to place within such building suitable sanitary water closets and make the necessary sewer connection to said sanitary sewer, provided, however, that such connection will not require a sewer line over two hundred feet in length, and shall also discontinue the use of dry closets or pit privy on such lot or parcel of land from the date of re- ceiving notice to this effect from the Council or its .duly desig- nated agent , provided, however, that any such owner whose prop-_ erty is now served by, or which at the. time the sanitary sewer may he available , is served by septic tank systems , or privately owned sewerage treatment plants , will not be required to make the aforesaid installation and connections , provided, and as long as such septic tank system and private sewerage system con- forms to and is maintained in strict accordance with all appli- cable ordinances , statutes , rules and regulations . In the event that such septic tank system or privately owned sewerage treat- ment plant is not so maintained, or is. altered, enlarged or re- II paired, then said owner shall comply with the provisions of this ordinance upon due notice thereof by the Council or its designated agent . The violation of this provision shall be punishable by a fine of not exceeding Five Hundred Dollars ($500.00) , or by imprisonment not exceeding six months , or both, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues ; and, BE IT FURTHER ORDAINED, that all sewer connections shall be inspected and approved in advance by a duly designated agent for the Town of Leesburg; and, BE IT FURTHER ORDAINED, that the pertinent provisions of the Ordinance adopted June 26 , 1939, amended November 10, 1941 , be and the same are hereby rescinded and amended ; and, BE IT FURTHER ORDAINED, that the clause in Paragraph (1) of the ordinance adopted August 30, 1955, reading, "or who shall have available for use said sewer facilities , " be and • ' the same is , hereby rescinded and annulled. . Upon motion of Mr . Fishback , seconded by Mr. Wright, the following resolution was unanimously adopted : ' BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that Two Thousand Dollars 02,000..00) be allocated from the General Fund to pay for the repair cost of the Town Tractor. • Upon motion of Mr . Fishback , seconded by Mr. Pumphrey , the following resolution was unanimously adopted : 355 BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the 1959 Ford Police car and radio be sold, and the Mayor is hereby authorized to advertize for bids and dispose of same . Upon motion of Mr . Fishback, 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 of Leesburg purchase a tapping machine, and that the slim of Two Hundred Fifty Dollars ($250.00) be allocated from the Water and Sewer Fund for such purchase . 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 Walter L. Phillips , Leesburg, Virginia, be N employed for the purpose of inspector on the Monroe Manor sewer " line and the Town Drying Beds ; and, BE IT FURTHER RESOLVED, that Mr . Phillips be employed as engineer and inspector on the water line to the ;?Dry Mill" Subdivision. Upon motion of Mr . Fishback , seconded by Mr. James ,. the following resolution was unanimously adopted : WHEREAS, L. B. Mason was the successful bidder for the con- struction of Sludge Drying Bed Extensions at the Town of Leesburg ' s sewerak:e disposal plant under certain terms and conditions ; and, WHEREAS, a contract has been prepared incorporating the terms and conditions of the contract for said construction ; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the following contract be and the same is hereby accepted,' ratified and confirmed; "A G R E E M E N T" THIS AGREEMENT, made and entered into this 19th day of September, 1960, by and between L. B. MASON, Hamilton, Virginia, hereinafter referred to as the "Contractor, " Party of the First Part , and THE TOWN OF LEESBURG, IN VIRGINIA, a municipal corpora- tion of the County of Loudoun, State of Virginia, Party of the Second Part , hereinafter referred to as the ".Town. " WITNESSETH : • That for and in consideration of the payment of the sum of One Thousand Nine Hundred Thirty:'Dollars ($1,930.00) to be paid by the said Town to the Contractor, if is hereby agreed as fol- lows : (1) Said Contractor agrees to construct a Sludge Drying Bed Extension at the said Town ' s sewerage disposal plant, according IIto the blueprint of the' plans therefor, made by Warren C. Perrow, Consulting Engineer, dated June 24 , 1960, a copy of which is at- L tached hereto and by reference made a part hereof. (20 All material used, all work performed, and all regula- tions of every kind and character covering the construction of said improvement shall strictly conform to said blueprint and plan. 356 • (3) Said work shall begin on or before the 19th day of September, 1960; shall progress regularly and uninterruptedly after it has begun; except in cases of strikes , accidents and unavoidable delays; and except as otherwise ordered by the Council for the Town, and shall be finished and fully completed on or before the 19th day of October, 1960. The time of be- ginning, rate of progress and time of completion shall be the essence of this contract ; provided, however, that if the time of the performance of the contract herein he, for any reason, either expressly or by implication extended, such extension shall not I/affect the validity of this contract . (4) It is expressly understood and agreed that the entire improvement shall be done in a thorough and workmanlike manner, under the direction and supervision of the engineer for the Town, Warren C. Perrow, and to the satisfaction of the Council of said Town. (5) All loss or damage arising out of the nature of the work to be done, or from any detention or unforeseen obstruction or difficulty which may be encountered in the prosecution of the work or from the action of the elements shall he sustained by • said Contractor . • (6 ) Said Constractor shall be held responsible for all accidents, and hereby agrees to indemify and protect said Town from all suits , claims and actions brought against it , and all costs and damages which said Town may be put to by reason of injury or alleged injury to the person or property of another in the execution of this contract or the performance of the work, or in guarding the same , or for any material used in its prose- cution or in the construction, except such as may be caused by the plans and specifications herein set forth on the plans pre- viously referred to. (7) Should the work under this agreement not be finished within the time specified, said Contractor shall forfeit the sum of One Hundred Dollars ($100.00) to said Town, as liquidated damages, for each and every day which shall elapse after the expiration of the time herein agreed upon for the completion of said work , unless caused by strikes , lock outs , weather con- conditions or other similar or dissimilar causes beyond the con- tractor ' s control . Said amount shall be retained from the con- tract price of said work; provided, that the Council may waive this provision or rebate said forfeit if it so elects . (8) The Town covenants and agrees, in consideration of the covenants and agreements in this contract specified, to pay the sum of One Thousand Nine Hundred Thirty Dollars (#1;930:00) ; to the Contractor when said work has been finally completed and accepted by the said Town and approved by the said Warren C. Perrow, Consulting Engineer. (9) No part of the work herein provided for-:shall he sublet or subcontracted without the express consent of said Town, to be entered in its records , and in no case shall such consent re- lieve said Contractor from the obligation herein entered into, or change the terms of this agreement . (10) This contract shall extend to and be binding upon the successors and assigns , and upon the heirs, administrators, executors and legal representatives of the Contractor. IN WITNESS WHEREOF, the said Contractor has hereunto set his hand and seal , and the said Town has caused this agreement to be signed by the Mayor for said Town and by the Recorder the 26th day of September, 1960. (SEAL) L. B. Mason c 6 • THE TOWN OF LEESBURG, IN VIRGINIA • By Mayor ' ( (SEAL) ) Recorder • Upon motion of Mr. Leach, seconded by Mr . Pumphrey, the following resolution was unanimously adopted: ' BE IT RESOLVED, by the Council for the Town of Leesburg, in Virginia; that the matter of the revision of the Trailer Camp CC Ordinance be, and the same is hereby referred to the Planning CC Commission for the Town of Leesburg, for their report and recom- mendation. el '^ There being no further business to come before the meeting, upon motion of Mr. Leach, seconded by Mr . James , the meeting adjourned. 40 . ayor REGULAR MEETING, OCTOBER 10; 4960 A regular meeting of the Council for the Town of Leesburg, in Virginia, was to be held at 8:00 P. M. , October 10, 1960. - Gorge J. Babson, Mayor, called the meeting to order at 9 :50 Pe M. There were present : C. Maloy Fishback, George E. Isaacs, Emerson H. James, Hunter M. Leach and John W. Pumphrey, Council- men. The minutes of the meeting of September 26, 1960 were ap- proved as written and read. The Mayor advised that copies of the Treasurer 's report had previously been mailed. to all Councilmen. Upon motion of Mr. Fishback, seconded by Mr. Pumphrey, the following resolution was unanimously adopted: BE IT RESOLVED; by the Council for the Town of Leesburg, in Virginia, that the request of Walter L. Phillips, option owner of forty seven acres of land as shown on the plat presented, for rezoning from Residential I to Residential II, be and the same is hereby referred to the Leesburg Planning Commission for their report and recommendation. 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 preliminary plans for the Dry Mill Road (Route No. 699) water line, submitted from the office of Walter L. Phillips, Civil Engineer, dated October 10, 1960 and authen- ticated by the Mayor 's signature, be and the same are provisionally accepted for the invitation of bids .