HomeMy Public PortalAbout1961_07_10 407
REGULAR MEETING', July 10, 1961
• A regular meeting of the Leesburg Town Council was
called to order July 10, 1961 by Hunter M. Leach, Mayor,
at 9 :06 P. M. There were present : C. Meloy Fishback,
Colonel George E. Isaacs , Emerson H. James and John W.
Pumphrey, Councilmen.
- In the absence of the Recorder, Mr. Pumphrey was appoint-
ed Recorder pro-tem.
The minutes of the meeting held June 26 were approved
as submitted.
WHEREAS, two vacancies exist on the Council for the Town
of Leesburg, one by the election as Mayor of Hunter M. Leach,
a member of said Council , to fill the unexpired term created
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by 'the resignation as Mayor by George J. Babson and the other
00 by the resignation from the Council by Austin J. Wright ;
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BE IT THEREFORE RESOLVED, by the Council for the Town
of Leesburg, that George P. Hammerly and Stanley F. Caulkins ,
be, and they are hereby elected and appointed to fill the
vacancies existing as aforesaid on said Countil for the un-
expired terms of Hunter M. Leach and Austin J. Wright , said
terms to expire at midnight August 31, 1961.
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Upon motion of Mr. Pumphrey, 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 request of C. A. English Cole, for the
establishment of a trailer camp on his property, lying and
• being on the south side of Highway No . 7 east , adjacent to
the junction of Lousoun Arewwr and Route 7, be and the same
is hereby preliminarily approved subject to the requirements
of the Leesburg Trailer Ordinance.
Upon motion of Mr. Fishback, seconded by Mr. Pumphrey,
the following resolution was unanimously approved:
WHEREAS, Robert K. Wilson and Louise E, Wilson, have
agreed to install an eight inch water line in Route #698
in the Town of Leesburg, Virginia, for a distance of ap-
proximately 465 feet , from the existing twelve inch water
main to the intersection of Ayrlee Avenue, with said Route
#698, with such fittings as are necessary; and,
WHEREAS, the said Robert K. Wilson and Louise E. Wilson
have agreed to- install an eight inch sanitary sewer line
extending from the existing mahhele in said Route #698, a
distance of 230 feet to the intersection of Ayrlee Avenue,
with said Route #698; and,
WHEREAS, the said Robert K. Wilson and Louise E. Wilson
will pay the full costs of all of said lines which will
' amount to $3,719 .00; and,
WHEREAS, the said lines will become the property of the
Town upon installation and acceptance by it , and the Town
of Leesburg has agreed to reimburse the said Robert K. Wilson
and Louise E. Wilson $2, 138.00 of the costs of installing
same, which amount the Town agreed to pay from water and
sewer charges to new users from said water and sewer lines ,
and extensions thereof in Ayrlee Subdivision by paying the
said Robert K. Wilson and Louise Wilson from the first
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revenues collected from such water and sewer charges from
the use of said lines, exclusing present users , and ex-
clusive of connection fees , until the said Robert K. Wilson
and Louise E. Wilson shall be reimbursed to the extent of
$2, 138.00, without interest ;
NOW, THEREFORE, BE IT RESOLVED, by the Council of
the Town of Leesburg, that the Town agrees to permit
the said Robert K. Wilson and Louise E. Wilson to in-
stall said water and sewer lines at their cost and ex-
pense,
and the .Town agrees to reimburse them $2, 138.00
of the expense of installing same, ,which amount shall be
paid by the Town only from gross water and sewer revenues
derived from the use of said lines, exclusive of connec-
tion charges , and extensions thereof in Ayrlee Subdivision,
and exclusing any present users , until the said Robert K.
Wilson and Louise E. Wilson shall be reimbursed to the
extent of $2, 138.00 of the cost of installing said lines ,
but the- Town shall not be required to make remittance ,
of said payments except in multiples of $500.00, exclusive •
of the .final installment, due pursuant to this resolution,
and the Town shall not be liable for any interest on any
amount advanced by the said Robert K. Wilson' and Louise E.
Wilson for installing said lines , and said lines shall be
installed under the supervision of the Town in accordance
with Town specifications ; and said lines shall become' the.
property .of the Town upon installation, and acceptance by
the Town ; and the Town shall have the right to. anticipate
payment of the said $2, 138.00, or any part thereof, before
. the same becomes due under the terms of this resolution;
and an agreement carrying into effect this resolution hav-
ing been presented and read to the Council , the same is
approved and the Mayor is authorized to sign for the Town
the said agreement , the original of which is directed to
be filed with the minutes of this meeting; and the Recorder 11is authorized and directed to attest said agreement and
deliver a 'copy thereof to the said, Robert K. Wilson and
Louise E. Wilson.
AGREEMENT
•
THIS MEMORANDUM OF AGREEMENT, made and entered into
between the Town .of Leesburg, in Virginia, a municipal
corporation, party of the first part , and Robert K. Wilson
and Louise E. Wilson, his wife, parties of the second part ;
WITNESSETH :
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THAT 'LHEREAS, the parties of the second part have
agreed to finance and pay for the installation of a cer-
tain 8 inch water line' for a distance of approximately
465 feet , with necessary fittings , commencing with the
existing 12 inch main on State Route #698, and continuing
along said route for said distance to the intersection of
Ayrlee Avenue (to be constructed), and also to finance and
pay for the installation of an 8 inch sanitary sewer line
extending from the existing manhole in said Route #698
a distance of 230 feet to the intersection of Ayrlee Avenue
(to be constructed) with said Route #698, said installation
to be in full compliance with the plans and requirements
of the party of the first part , and the party of the
first part has agreed that the revenue collected from
Water and sewer charges to new users from said lines and
extensions thereof in Ayrlee Subdivision; exclusing con-
nection charges , shall be collected and paid to the par-
ties of the second part until they hre reimbursed for
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$2,138.00 of the cost of installing said lines ;
NOW, THEREFORE, in consideration of the premises and
the sum of ONE DOLLAR ($1 .00) , cash in hand paid by each
party to the other, the receipt whereof is hereby severally
acknowledged, the parties of the second part hereby agree
to pay for the cost of installing the water and sewer lines
aforesaid in accordance with the specifications of the
party of the first part and under its supervision, and
the party of the first part agrees to collect the water
and sewer revenues made by vietue of the use of said lines
and extensions thereof in Ayrlee Subdivision, and pay the
same, exclusive of connection charges , to the parties of
the second part until they shall be reimbursed the sum of
$2, 138.00 of the cost of installing said lines , but it is
understood that no interest shall be paid to the parties
of the second part on the amount of the cost of installing
said lines .
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It is further mutually understood and agreed that the
Cr: said lines, when installed and accepted bythe partyof the
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first part , shall be the property of the party of the first
-part , and the parties of the second part , or their assigns,
shall be entitled to reimbursement of $2, 138.00 of the cost
of installing the same , said sum to be paid only out of the
first revenues collected from water and sewer revenues to
new users from said lines, (exclusive of connection charges) ,
and extensions thereof, in Ayrlee Subdivision, which revenue
is to be collected by the party of the first part and paid
to the parties of the second part in multiples of not less
than $500.00, with the -exception of the final installment ,
which payments the party of the first part shall have the
right to anticipate until the parties of the second part
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' are paid $2, 138.00.
It is further agreed and understood that this Agreement
is subject and subordinate to the pledges and agreements
of the party of the first part to use its water and sewer
revenues to pay the interest and principal of the bonded
indebtedness of the Town of Leesburg.
IN WITNESS WHEREOF, the party of the first part , by
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a resolution adopted on the 11th day of July, 1961, has
authorized- its Mayor to affix the signature of the Town to
this Agreement and authorized and directed the Recorder to
attest the same .
WITNESS the following signatures and seals :
THE TOWN OF LEESBURG, IN
VIRGINIA, a municipal cor-
• poration
BY Hunter M. Leach
( (SEAL)) Mayor
Attest :
' Elinor M. Cunningham •
Recorder
Upon motion of Mr . Fishback, seconded by Mr . James ,
the following resolution was unanimously approved:
RESOLVED, by the Council of the Town of Leesburg, in
Virginia, that the Mayor be, and he is hereby .authorized
to execut 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
Leesburg, which said Contract is dated the 1st day of July,
1961 , and expires June 30, 1962 and reads as follows :
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AGREEMENT
THIS MEMORANDUM OF AGREEMENT , made this 1st day of
July, 1961 , by and between THE TOWN OF -LEESBURG, a munici-
pal corporation, Party of the First Part and JESSE RANDOLPH,
Party of the Second Part .
WITNESSETH : I/That wheras the said party of the Second Part has
submitted unto said Party of the First Part , a bid to
collect tyre refuse, ashes , trash and garbage in said
Town twice a week under the conditions and terms herein-
after set forth; and,
Whereas the said Party of the First Part , pursuant
to the action of the Town Council of said Town, has agreed
to accept said bid, conditioned as hereinafter set forth;
THEREFORE, `PHIS AGREEMENT WITNESSETH: .That for and
in consideration of the payment of the sum of One Thousand
Two Hundred Seventy Five Dollars ($1 ,275 .00) per month,
payable on the last day of each calendar month, said Party
of the Second Part agreessto collect the trash, refuse,
ashes and garbage intthe Town of Leesburg, twice a week
and deliver the same to the sanitary land fill located in
the Town, utilized by the Party .of the Second Part, for a
period of one year from the date thereof. 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, ashes, refuse and trash is pre-
pared 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 of the Second
Part .
The Party of the Second Part agrees to collect trash
and other .articles from the alley next to Edward Drug Store.
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It is agreed that the contractor will carry Public
Liability Insurance in limits of $50,000.00 per person
and $190,000.00 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 welUas on the operations of the contractor, which
vehicles and operations will be connected with the perfor-
mance of this contract .
It is further agreed that the contractor will cary
Workmen ' s Compensation Insurance on any and all of his
employees , and that he will provide the Party of the First
Part with certificates 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 in-
juries to persons or damage to property which may arise
or allege to have risen out of the performance of this
contract .
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It is further mutually agreed by the Parties hereto
that the contractor is under no obligation to collect
rejected building materials , factory cuttings , or trade
waste set out for removal by the Town, or by a contractor
of the Town.
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In consideration whereof, it is agreed by said con-
" tractor, that he will comply with the terms and provis-
ions hereinabove set forth during the term of this agree-
ment , which shall be from .July 1 , 1961 through June 30,
1962, 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
-N
C-' By .Hunter M. Leach
oi rJ'
Mayor
eT ( (SEAL))
Attest :
Recorder
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Upon motion of Colonel Isaacs , seconded by Mr. Fish-
back, the following resolution was unanimously adopted :
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BE IT ORDAINED BY THE COUNCIL •FOR THE Town of Lees-
burg that the Planning Commission for the Town of Leesburg •
be, and the same is hereby re-created and re-established;
that -the number of members thereof shall be seven; that .
one of the members shall be &member of the Ciuncil, whose
term of office shall correspond to his official tenure of
office as a -Council. member ; that two of the members may be
administrative officials of the Town of Leesburg, whose
term of office shall correspond to his official tenure of
office ; that the Mayor shallspoint the said administrative
officials- and the remaining,"- fo be known as appointed members,
who shall be qualified voters of the Town of Leesburg; that
the term of office of the appointed members shall be four
years ; that the Council for the Town of Leesburg shall
appoint the member of the Council to the Planning Commission;
that all members of the Plsnning Commission shall serve
without compensation; that any member may be removed after
a public hearing before the Council for inefficiency,
neglect of duty or malfeasance in office and in the event
of vacancies the Mayor shall appoint new members for the
remaining term of office vacated except in the , case of a
vacancy in the Council member which shall be filled by
the Council .
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Upon motion of Mr. James, seconded by Colonel Isaacs ,
and unanimohsly, the meeting adjourned.
/ /came ,
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