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HomeMy Public PortalAbout1961_09_01 t CIO Minutes of the Septemberlnmeeting of the Leesburg Town Council An organizational meeting of the Leesburg Town Council was held on September 1, 1961. The Mayor , Frank Raflo called the meeting to order at 12:05 P.M. Councilmen present were George J. Babson, Stanley F. Caulkins , George P . Hammerly , Maurice R. Lowenbach, and John W. Pumphrey . Absent from the meeting was Hunter. M. Leach. . The Mayor appointed H. Frederick Mang recorder pro-tem. The Mayor appointed a Credential Committee consisting of Mr. Lowenbach, Mr. Caulkins and Mr. Pumphrey. Mr. Lowenbach was, appointed .Chairman of the Committee. • 1111 WHEREAS, in accordance with the instructions of this body , We , the Credentials Committee of the Council of the Town of Leesburg have examined the Certification of Election as supplied by the Commissioners of Election for the municipal election held for the Town of Leesburg on Tuesday , June 13 , 1961 , and have found it to be properly signed and attested to and have further found it declares the following persons are duly qualified and elected to the Council for the Town of Leesburg commencing on the first day of September 1961 , and ending on the 31st day of August ; 1963; Frank Raflo , Mayor; Maurcie R . Lowenbach , John W. Pumphrey , r. George J. Babson, George P. Hammerly , Stanley F. Caulkins , and �., Hunter M. Leach , and it further declares that H. Frederick Mang V- has been duly qualified and elected for a two year term to the .office of Recorder , and we have further found that each of the above elected officials have sworn and subscribed to the proper oath of office and , ,therefore, we the Credentials Committee arise and move the adoption of this report. The motion made by Mr. Lowenbach. The motion seconded by Mr. Hammerly . This motion was unanimously approved . Upon motion made by Mr . Lowenbach seconded by Mr . Pumphrey the following resolution was adopted by a vote of five to one. Yeas , Mr. Caulkins , Mr . Hammerly , Mr . Lowenbach, Mr. Pumphrey , Mr. Raflo; Nays , Mr . Babson. Sand BE IT RESOLVED by the Council of the Town of Leesburg that the • ordinance adopted on February 8th , 1960 , dealing with the defin- ition and cognizance of the executive branch and the duties of the chief executive officer be and the same is repealed and re- scinded . • REPORT OF THE COMMITTTEE ON RULES: • WHEREAS , the great purpose of all rules and forms is to subserve the will of the assembly rather than to restrain it ; to facilitate and not to obstruct the expression of their deliberate sense, BE IT RESOLVED , by the Council for the Town of Leesburg , in Vir- ' ginia, that the following rules or order and procedure for the meetings of the Town Council of Leesburg , with the memorandum attached , are as follows: ORDER OF BUSINESS At each regular meeting of the Council the order of business• shall • be as follows: • • 1. A. Call to order B. Roll Call • C. Reading , Correcting and .adoption of the minutes of the last regular meeting and all special meetings D . Consideration of petitioners ( see Memornada #1) • E. Report from the Mayor and other sources ( including general report from the 'Town Manager) • F. Unfinished Business a. Report from Standing Committees • b. Report from Select Committees c. Other unfinished business G. New Business H. Adjournment • • MEMORANDA: which shall be considered an incorporated part of the operation and application of the rules of procedure. V 2-` CONCERNING PROCEDURES: 1. Consideration on Petitioners or applicants All petitioners and applicants will .be requested to present first their problem to the Town Manager for study and rec- - ommendation to the Council. - No -determining action on the request of the Petitioner is to be completed during the session of "hearing of petit- , ioners" . If the matter is one requiring legislative action it will have been placed on the agenda and be considered properly under unfinished or under new business . 2. Items of business are to be scheduled on an agenda by the 1111 Town Manager . On Friday afternoon, prior to Council meeting on Monday , the Town Manager will send each Council member a copy of the agenda completed with background material, reports , basic information and recommendations for each item on the agenda. 3. Under unfinished and new business , prior to the presenting of the item to the table , the Council may hear an additional report on .the item from the Town Manager. 4. To be discussed , the matter must be officially "given" to the Council. This is done primarly by resolution offered , then seconded , or by a report from a standing or select committee accompanied by a resolution. An objection to the consideration of a motion needs no se- • cond , but a 2/3rds vote is required .. If the resolution is not ruled out of order by the chair , it is read and then belongs to the .body. The ruling of the chair , on appeal , may be reversed by a majority vote. Obstructionist may be ruled out by: order of the presiding officer. 5. A resolution requires a second--is debatable--is amendable-- requires a majority vote unless otherwise specified--may be reconsidered--and is not in order when another order is pending. . 6. A 2/3rds vote may "move the previous question" . This stops debate and orders an immediate vote. 7. When there is a departure from the regular order of business , a member may ask for a return to the "Order of the Day" . A 2/3rds vote , in the negative , is required to refrain from returning to the order of the day. CONCERNING OTHER RULES: 8. The regular meetings of the Council of the Town of Leesburg shall be held on 2nd and 4th Monday beginning at 7: 30. 9. The Mayor is a member of the Council and will vote: a. to make a quorum b. to give validity to a motion 10. The Mayor shall serve as an ex-officio member of all standing and all select committees . • 11. The standing committees of the Council shall consist of: a. a finance committee b. a utility committee • \12. The parliamentary procedures shall be in accordance with Robert' s Revised Rules of Order unless otherwise specified by the rules of this assembly. 13. Whenever in conflict with previous rules adopted by the Council, the above rules shall prevail. I , Maurice R. Lowenbach a member of the Council of the Town of 3 Leesburg , and Chairman of the temporary committee on rules; move the adoption of this report. Seconded by Mr. Pumphrey. The rules of Order was adopted by a roll call vote of four to two. Yeas , Mr. Caulkins , Mr. Hammerly , Mr. Lowenbach and Mr. Raflor Nays , Mr. Babson and Mr. Pumphrey. , Upon Motion of Mr. Lowenbach; seconded by Mr . Hammerly ,. An Ordinance of the Town of Leesburg , in Virginia, Establishing the Office of Town Manager was adopted by a roll call of five to one. Yeas , Mr. Caulkins , Mr . Hammerly, Mr. Lowenbach, Mr . Pumphrey and Mr. Raflo; Nays , Mr . Babson. BE IT ORDAINED, by the Council for the Town of Leesburg, in III Virginia, as follows : ( 1) The office of Town Manager is hereby created and es- tablished . (2) The Town Manager shall serve at the will of the Council. (3) Duties and Powers: The Town Manager shall, under the control of the Council, have general charge and management of the administrative affairs and work of the Town of Leesburg ; and shall perform such other duties as may be required of him by the Town Council and Mayor. Upon motion of Mr. Lowenbach; seconded by Mr . Caulkins the fol- lowing resolution was adopted by a vote of five to one. The I.- Yeas , Mr. Caulkins , Mr . Hammerly , Mr . Lowenbach, .Mr . Pumphrey and Mr. Raflo; Nays , Mr. Babson. BE IT RESOLVED, by the Council for the Town of Leesburg , in Vir- ginia , that the following be, and they are hereby appointed and/ or elected to the following positions and -under the following terms and positions: CLERK OF POLICE COURT: Mary L. Mercer Term of office: Indefinite - Salary: Hourly Rate $1. 50 II POLICE DEPARTMENT . Police Sergeant: Karlton J. Kirk Term of Office: Indefinite Salary: . $4200.00 yearly Officer Ronald L . Athey Term of Office: Indefinite ' Salary: $3600.00 yearly Officer John R. Hollingsworth, Jr. Term of office: Indefinite . Salary: $3600.00 yearly Officer James M. Kidwell Term of office: Indefinite Salary: $3600.00 yearly Officer Edward C . Swain Term of office: Indefinite . Salary: $3600.00 yearly SUPERINTENDENT OF UTILITIES: Raymond L. Hough Term of office: Indefinite Salary: $4500.00 yearly , SUPERINTENDENT OF STREETS AND SIDEWALKS: Glendon P . Weatherholtz Term of office: Indefinite Salary: $4200.00 yearly PLANNING AND ZONING: Sybil W. Wanner , Director , Zoning Administrator and Building Inspector Term of Office: Indefinite • Salary: $4080.00 yearly TOWN ATTORNEY: George M. Martin Term of office: Indefinite Retainer: $1200.00 yearly , payable in quarterly installments 4 SECRETARY-TYPIST: Mrs . Joe Miller Term of office: Indefinite _ Salary: $2700.00 per year AUDITOR-TREASURER: George E. Ward - Term of Office: September 1, 1961 through August 31 , 1963 Salary: $4462 . 50 Oath and Bond : The said Auditor-Treasurer shall , before entering upon his duties , take the oath prescribed by law and execute his bond in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) , with approved surety , payable to the Town of Leesburg , in Virginia , and conditioned upon the faithful performance of the duties of his office. TOWN MANAGER: Robert Gene Sharp Term of Office: at the will of the Council Salary: $8600.00 yearly ISSUING JUSTICE: Frances Hardy Term of Office: September 1, 1961 through August 31 , 1963 Compensation: The said Issuing Justice shall retain the fees for perfor- ming the services of an Issuing Justice in the same amount as is permitted under. the State law, but shall render an accounting thereof to the Auditor- Treasurer semi-annually. Oath and Bond : The Issuing Justice shall , before :entering upon his duties , take the oath prescribed by law and give bond in the amount of Five Hun- dred Dollars ($500.00) , with approved corporate surety, payable to the Town of Leesburg , in Virginia, and conditioned upon the faithful •perform- ance of the duties of Issuing Justice. POLICE JUSTICE: Albert F. Anderson Term of Office: September .l, 1961 through August 31 , 1963 Salary: $600.00 yearly , Payable Quarterly Upon Motion of Mr . Lowenbach; seconded by Mr . Caulkins:the Resolutions of the Town of Leesburg , in Virginia, Designating Depository Banks were adopted by a vote of five to one . Yeas , Mr. Caulkins; Mr. Hammerly, Mr. Lowenbach, Mr. Pumphrey and Mr. Hallo; Nays , Mr. Babson. , RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY BANKS I , the undersigned , hereby certify to The Peoples National Bank of Le- esburg , Leesburg , Virginia, and The Loudoun National Bank of Leesburg , Leesburg , Virginia , that I am Recorder of the Town of= Leesburg , in Virginia, a municipal corporation chartered by Act of the General Assembly of Virginia; that the following is. a true copy of resolutions duly adopted by the Council of said Town at a meeting held on the 1st day of September , 1961 , at which a quorum was present , and that such resolut- ions have not been rescinded or modified: BE IT RESOLVED , that The Peoples National Bank of Leesburg , Leesburg , Virginia, and The Loudoun National Bank of Leesburg, Leesburg , Virginia, be and they are hereby designated as depositories of this Town, and that checking accounts be maintained in said Banks in the name "Town of Le- esburg , Virginia" . • BE IT FURTHER RESOLVED , that The Treasurer , on behalf of this Town and in its name , be and he is hereby authorized to sign, and the Mayor, on behalf of this Town and in its name , be and he is hereby authorized to countersign checks , drafts , bills of exchange , acceptances , or other orders for the 'payment of money from said accounts. BE IT FURTHER RESOLVED, that the Treasurer of this Town be and he is hereby authorized on behalf of this Town and in its name , to endorse checks , bills , certificates of deposit or other instruments owned or held by this Town, for deposit in said . accounts or for collection by said Banks , however , the endorsement of such instruments may be made 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 the said accounts; to accept drafts , acceptances and ,other instruments payable at said Banks; to waive demand , protest and notice of protest or dis- honor of any check, note , bill draft or other instruments made , drawn or endorsed by this Town. 5 BE IT FURTHER RESOLVED , that The Peoples National Bank of Lees- burg , Leesburg , Virginia, and The Loudoun National Bank of Lees- burg , Leesburg , Virginia, be and they hereby are authorized to honor , receive , certify , 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 cas- • hing , or in payment of the individual obligation of any such officer , 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 application, and disposition of such instrument , .or the proceeds thereof . BE IT FURTHER RESOLVED, that The Peoples National Bank of Lees- burg , Leesburg, Virginia, and The Loudoun National Bank of Lees- burg , Leesburg , Virginia , be and each of them hereby is relieved and discharged from any and all liability by reason of their payment of checks , drafts , notes , bills of exchange , acceptances , or other orders that have heretofore been charged against the accounts of this Town with said Banks regardless of the sig- natures thereto, and the manner in which such signatures were made , and said Banks are further relieved and discharged of any and all liability by reason of their acceptances of checks , x bills , certificates of deposit , bills of exchange or other in- struments that have heretofore been deposited to the accounts of U- this Town with said Banks 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 Banks the names and signatures of the presently duly elected and qualified Mayor , Treasurer and Recorder of this Town and shall from time to time hereafter as changes in the personnel of said officers are made immediately certify such changes to said Banks- and the Banks shall be fully protected- in relying on such certifications of the Recorder and shall be . indemnified and saved harmless from any claims , demands , ex- penses , loss or damages resulting from, or growing out of , hon- oring the signatures of any officer so certified , 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 adopted by the Council of this Town prior to September 1 , 1961 , for the de- signation of said Banks as depositories for the accounts main- tained in said Banks in the name "Town of Leesburg , Virginia" , and authorizing the signing of instruments for the withdrawal of money from the accounts of this Town in said Banks , and for the endorsement of instruments for deposit to the accounts of this Town in said Banks , be and the same are hereby revoked and rescinded . BE IT FURTHER RESOLVED , that the within resolutions shall in no manner affect or invalidate the resolutions adopted by the Council of this Town on the 1st day of September , 1961 , desig- nating The Peoples National Bank of Leesburg , Leesburg , Virg- inia, as a depository for the account maintained in the name "Town of Leesburg , Virginia, Police Court" . BE IT FURTHER RESOLVED, that the foregoing resolutions shall re- main in full force and effect until written notice of their amen- dment or rescission shall have been received and acknowledged by said Banks , and that receipt of such notice shall not affect any action taken by the depository Banks prior thereto. BE IT FURTHER RESOLVED , that the Recorder of this Town be , and he is hereby. authorized and directed to certify to The Peoples Nat- ional Bank of Leesburg, Leesburg, Virginia, and The Loudoun Nat- ional Bank of Leesburg , Leesburg , Virginia, the foregoing res- olutions , and that the provisions thereof are in conformity with . the Charter and Ordinances of this Town, and the laws of the State • of Virginia. { 6 I , the undersigned , further certify that the Council of this Town is authorized and empowered to adopt the foregoing resolutions by virtue of its Charter and Ordinances , and pursuant to the laws of the State of Virginia. I , further certify that the following are the names and official sig- natures of the present Mayor , Treasurer and Recorder of this Town: Office: Name: Official Signature: Mayor Frank Raflo Treasurer George E. Ward 7Zt-''a Recorder H. Frederick Mang IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg , in Virginia, by direction of the Council , this 1st day of September , 1961. • , Recorder H. Frederick Mang ( SEAL ) • Upon motion of Mr . Lowenbach; seconded by Mr. Caulkins , the Resolutions of the Town of Leesburg , in Virginia , Designating Depository Bank for Town of Leesburg , Virginia, Police Court" was adopted by a vote of five to one. Yeas , Mr . Caulkins , Mr. Hammerly , Mr . Lowenbach , Mr. Pumphrey and Mr . Raflo; Nays , Mr. Babson. -RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY BANK FOR "TOWN OF LEESBURG, VIRGINIA, POLICE COURT" I , the undersigned , hereby certify to The Peoples National Bank of Lees- burg , Leesburg , Virginia, that I am the Recorder of the Town of Lees- burg , in Virginia, a municipal corporation, chartered by Act of the General Assembly of Virginia; that the following is a true copy of res- olutions duly adopted in accordance with law by the Council of said Town at a meeting held on the 1st day of September , 1961 , at which a quorum was present , and that such resolutions have not been rescinded or modified: 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 said Bank in the name "Town of Lees- burg , Virginia , Police Court" , and that the Clerk of said Court is here- by authorized to sign and the Police Justice is authorized to counter- sign checks , drafts and other instruments for the payment of money from the 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 deposit in said checking account , or for collection by said Bank, however , the endorsement of such instruments may be made by rubber stamp impression containing the name "Town of Leesburg , Virginia, Police Court" , 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 checking account. The Clerk of said Court is hereby authorized to accept drafts , accept- ances and other instruments payable at said Bank; to waive demand , pro- test and notice of protest , or dishonor of any check, bill of exchange , or other instrument made , drawn or endorsed by this "Town. However , strict compliance as to the name of said Court , or as to the words . "Police 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 com- pliance be required with respect 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. 7. BE TT FURTHER RESOLVED, that the Peoples National Bank of Lees- burg , Leesburg, Virginia, is hereby authorized to honor , receive , certify or pay all instruments signed in accordance with these resolutions , even though drawn or endorsed to the order of any person authorized to sign the same , or tendered for cashing , or in payment of the individual obligation -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 cir- cumstances of the issuance , or use of any instrument signed in accordance with these resolutions , or the application, or dis- position of such instrument , or the proceeds thereof. I BE IT FURTHER RESOLVED , that The Peoples National Bank of Lees- burg , Leesburg , Virginia, be , and it is hereby relieved of 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 signatures thereto, and the manner in which such signatures were made , and said Bank is further relieved of and discharged from any and all liability by reason of its acceptance of any checks , bills7 of exchange , drafts , money orders or other instruments that have CO heretofore been deposited to said checking accountwith said Bank, regardless of the endorsement thereon and the manner in e- which such endorsements were made. BE IT FURTHER RESOLVED, that the Recorder of this Town shall certify to said Bank te names and signatures of the presently appointed. and duly qualified Police Justice , Clerk of Court and Recorder of this Town, 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 certifications 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 II certified , or in refusing to honor any signature not so certif- ied or in refusing to honor any signature which may be replaced through changes made by any such certification. BE IT FURTHER RESOLVED, that all resolutions adopted by the Cou- ncil of this Town prior to September 1, 1961 , for the designation of The Peoples National Bank of Leesburg , Leesburg , Virginia, as a depository for the account maintained in said Bank in the name "Town of Leesburg , Virginia, Police Court" , and authorizing the signing of instruments for the withdrawal of money from said account with said Bank, and for the endorsement of instruments for deposit to the said account , be and the same are hereby re- .voked and rescinded . • BE IT FURTHER RESOLVED , that the within resolutions shall in no way modify, amend or invalidate the resolutions adopted by the t Council of this Town on September 1, 1961, designating The Peoples National Bank of Leesburg , Leesburg , Virginia, and The Loudoun National Bank of Leesburg , Leesburg , Virginia, as deposi- tories for the checking accounts maintained in said Banks in the name "Town of Leesburg , Virginia" , and authorizing the signing of instruments for the withdrawal of money from said accounts and ' the endorsement of instruments for deposit to said accounts. BE IT FURTHER RESOLVED , that the foregoing resolutions shall re- ' main in full force and effect until written notice of their amen- dment or revocation shall have been received and acknowledged 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 this Town 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 conformity with the Charter and Ordinance of this Town, and the laws of the State of Virginia. I , the undersigned , further certify that the Council of this Town is authorized and empowered to adopt the foregoing resolutions -by virtue of its Charter and Ordinances , and pursuant to the laws of the State of Virginia. I, further certify that the names and official signatures of the present Police Justice , Clerk of Court and Recorder of this Town are as follows: Office: Name:. Official Signature: Police Justice Albert F. Anderson Clerk of Court Mary L. Mercer Recorder H. Frederick Mang IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg , Virginia , by direction of the Council, this 1st day of September , 1961. Recorder 111 H. Frederick Mang ( S E A L ) Upon Motion of Mr . Lowenbac4 seconded by Mr . Caulkins the Escrow Agre- ement Between The Town of Leesburg in Virginia and The Peoples National Bank of Leesburg , Leesburg , Virginia was adopted by a vote of five to one. Yeas , Mr . Caulkins , Mr . Hammerly , Mr. Lowenbach, Mr. Pumphrey and Mr. Raflo; Nays , Mr. Babson. ESCROW AGREEMENT BETWEEN THE TOWN OF LEESBURG IN VIRGINIA AND THE PEOPLES NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA Agreement , made this 1st day of September , 1961 , between The Town of Lees- burg , in Virginia, a municipal corporation, hereinafter called the "Dep- ositor" ; The Peoples National Bank of Leesburg , Leesburg , Virginia, a banking corporation, hereinafter called the "Depository" ; and The Loudoun National Bank of Leesburg , Leesburg, Virginia, a banking corporation, hereinafter called the "Escrow Agent." Pursuant to the laws of Virginia, the Depository has pledged and deposited with the Escrow Agent , as security for deposits made with it by the Depositor, certain securities for which proper receipts have been or will be given. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: 1. The Escrow Agent shall permit the Depository to withdraw , sub- stitute , exchange , or add to the securities held hereunder with the con- sent of the Depositor. • 2 . So long as the Escrow Agent has not received written notice of the failure of the Depository to repay on demand deposits made with it by the Depositor , all interest and other income from the securities held hereunder shall be paid over to the Depository . 3. If the Depository shall fail to repay on demand deposits made with it by the Depositor. after receipt by the Escrow Agent of written notice to that effect , and after five days written notice to the Depository , the Escrow Agent shall deliver all securities then held hereunder to the De- positor; and the Depositor shall have the right to sell , transfer and deliver all or any part of such securities in such manner as it may elect for the satisfaction of any claim that may arise from such default. The Escrow Agent , upon taking. a receipt from the Depositor for such sec- urities delivered , shall be relieved of any further liability. 4. The Escrow Agent shall have no responsibility as to the validity or value of any security deposited hereunder. 9 5. In the event of disagreement or conflicting demands , the Escrow Agent shall incur no liability in refusing to make del- ivery or other disposition of the property held hereunder un- less and until the rights of the advers claimants have been finally determined by a Court of competent jurisdiction. 6. The Escrow Agent may advise with legal counsel, who may be its own counsel , in the event of any dispute or question as to the construction of any of the provisions hereof or its duties hereunder; and it shll incur no liability and shall be fully protected in acting in accordance with the opinion and instruct- ions of such counsel. • :, 7. The Depository shall pay any charges of the Escrow Agent for its services hereunder , as may be agreed upon by them from time to time, and reimburse the Escrow Agent for any out-of- pocket expenses or counsel fees which may be incurred by the Escrow Agent in the performance of its duties hereunder. 8. It is understood and agreed that the Depository may , by giving ten days notice in writing to the Depositor , require it to withdraw all deposits from the Depository. Upon the with- drawal by the Depositor of all deposits from the Depository , the Or) Escrow Agent shall return to the Depository all the securities ,, c, .,,.: _. . _pledged under this agreement , and upon taking a receipt from �} 4 �. a,the".Depb•eitory-,,. gg- silichego;ities4.d.elivezed? _the Escrow,Agent shall be. relieved of any further, liability.. " ' 1 :., ; ;,, _4 It is agreed by and between The Peoples National Bank of Lees- burg , Leesburg , Virginia, and the Town of Leesburg , in Virginia, I' that all Escrow agreements dated prior to September 1, 1961, providing for the deposit of securities by The Peoples National Bank of Leesburg , Leesburg , Virginia, with The Loudoun National Bank of Leesburg , Leesburg , Virginia, as Escrow Agent, to secure funds deposited by the Town of Leesburg , in Virginia in The Peoples National Bank of Leesburg , Leesburg , Virginia, are here- by revoked and rescinded . I This agreement is executed in triplicate, one copy to be held by' the Depositor , another copy by the Depository , and the third copy by the Escrow Agent. IN WITNESS WHEREOF the said Town of Leesburg , in Virginia, a municipal corporation, has caused this writing to be executed in its corporate name by Frank Rano, its Mayor , and its corporate seal to be hereto affixed and attested by H. Frederick Mang , its Recorder , and The Peoples National Bank of Leesburg , Leesburg , Virginia, a banking corporation, has caused this writing to be executed in its corporate name by Bruce McIntosh , its President , and its corporate seal to be hereto affixed and attested by ' • Arthur S. Jenkins , its Cashier , said officers being thereunto • duly authorized , all as of the day , month and year first herein- before written. THE TOWN ?fay 0 LEESBURG, IN VIRGINIA By c� �`�G ( SEAL) --,,L.54:94 �_ 71 \ Affixed and Attested: 11By Recorder THE PEOPLES NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA By President ( SEAL) • Affixed and Attested : By Cashier cill to Accepted this 5th day of September , 1961. THE LOUDOUN NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA By • Exec. Vice-President Upon motion of Mayor Raflo seconded by Mr. Lowenbach and unaminously ' approved the meeting adjourned . / &.a/ -sank Raflo . H. Frederick Mang, Recorder • • Y1-1(-'174 law • 11 PUBLIC HEARING, September 11 , 1961 A. duly advertised Public Hearing on the Proposed Amendment to the Zoning Ordinance for the Town of Leesburg , Article 3 , Section 3-1-2 was called to order by the Mayor Frank Raflo at 7: 15 P.M. There were present Councilmen, Stanley F. Caulkins , George P'. Hammerly , Hunter M. Leach, Maurice R. Lowenbach and John W. Pumphrey. Citizens appearing to speak on the proposed amendment were George J. Babson, C . M. Bussinger , Wendell Kline and Preston Newton. Upon hearing the discussion from the interested citizens the proposed - ,- amendment was transferred to New Business for the Regular Council Meeting of September 11 , 1961. • Minutes of the September 11 , 1961 Meeting of the Leesburg Town Council At a regular meeting of the Leesburg Town Council held on September 00 11, 1961 there were present the Mayor Frank Raflo; Councilmen, George Cr. J. Babson, Stanley F. Caulkins , George P . Hammerly , Hunter M. Leach, Maurice R . Lowenbach and John Ui. Pumphrey. The Mayor called the meeting to order at 7: 34 P.M. CG • The minutes of the last meeting were corrected to inclued the following addition: The matter of adding a third (3rd) signature on the Town Bank Accounts was discussed and referred to the Finance 'Committee for study . • With this addition the minutes were approved by the Council. ' The Mayor' s report was read . The Town Manager' s Report was given. Included in this report was in- formation concerning Prospect Hills , Water Problem and Painting of the Town Office Building. Upon Motion of Councilman Lowenbach; seconded by Councilman Caulkins ; and there being no objection to a roll call vote; the following resolution was passed . Voting , Yeas ; Mr . Caulkins , Mr. Hammerly , Mr . Leach, Mr. Lowenbach and Mr. Pumphrey ; Nays , Mr . Babson. WHEREAS , the Council for the Town of Leesburg , in Virginia , at a meeting held September 1 , 1961, did by Ordinance create and establish the office of Town Manager at a salary of $8 ,600.00 yearly , NOW THEREFORE, BE IT RESOLVED that 75% of said salary shall be drawn from the unappropriated General Fund and the remaining 25% shall be drawn from the Utility Fund , and BE IT FURTHER RESOLVED , that the Auditor-Treasurer be , and he is hereby authorized and directed to pay said salary from the above stated Funds at a rate of $358 .33 bi-monthly. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey; and there being no objection to a roll call vote; the following reso- lution was passed ; voting , Yeas , Mr . Caulkins , Mr . Hammerly , Mr . Leach, Mr. Lowenbach-, and Mr . Pumphrey; Nays , Mr. Babson. WHEREAS, the Towri of Leesburg, in Virginia , is desirous of changing its charter and having a new charter adopted by the Legislature , and WHEREAS , the ordinances of the Town are in need of editing and revision, THEREFORE, BE IT RESOLVED , that a select committee be formed and charged with the duties of having a new charter drawn up for the Town and ready for presentation to the General Assembly when it meets in January and further that the committee contact the Michie Company to determine the cost of assisting in the new charter preparation and the ordinance re- vision, and that the Mayor appoint two members to serve on this committee which will report its findings to the Council at the earliest possible moment . 12 Upon Motion of Councilman Pumphrey; seconded by Councilman Hammerly the following resolution was carried unaminously. WHEREAS, the continuation and further development and encouragement of the airport in Leesburg is a matter of furthering the public good , THEREFORE , BE IT RESOLVED, by the Council for. the Town of Leesburg , in Virginia, that a select committee, to be known as the airport committee , be formed , consisting of two members from the Council and further that this Council committee may consult with other .interested citizens in the area in formulating its plans , and further that this committee be appointed by the Mayor , and report at its leisure. , Upon Motion of Councilman Hammerly; seconded by Councilman Pumphrey; and there being no objection to a roll call vote; the following reso- lution was passed . Voting Yeas , Mr. Caulkins , Mr. Hammerly , Mr . Leach, Mr. Lowenbach and Mr. Pumphrey; Nays , Mr . Babson. WHEREAS , the Council for the Town of Leesburg , in Virginia, has received a request from the Leesburg Civic Association that a committee on human relations be established in the interest of better understanding between the races , THEREFORE , .BE IT RESOLVED , that a select committee .to be known as the committee on Human Relations , ?be appointed to further this end and further that this committee consist of two members of the Council to be appointed by the Mayor , with such other assistance from interested citizens as this committee may deem necessary , and further that this committee report to the Council at its leisure. Upon Motion of Councilman Hammerly; seconded by Councilman Pumphrey; and there being no objection to a roll call vote; the following reso- lution was passed . Voting , Yeas , Mr . Caulkins , Mr . Hammerly , Mr. Leach, Mr. Lowenbach and Mr. Pumphrey ; the Nays , Mr. Babson. WHEREAS, the Town of Leesburg is involved in a number of court litigations , some of which extend over more than a decade , and WHEREAS, it is in the interest of the Town that these litigations be culminated and settled with all possible speed , THERra ORE , BE IT RESOLVED , by the Council of the Town of Leesburg , in Virginia, that a select committee known as the pending litigations committee, be created consisting of two members of the Council , appointed by the Mayor , and further that it work in .closest cooperation with the Tbwn Attorney toward accomplishing .its goals and that it report to the Council at its leisure. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey the following resolution was adopted unaminously. WHEREAS, it has been called to the attentiontbr'the Council that the present Post Office in Leesburg will soon be too -small to carry on its work effectively , and WHEREAS, it is the feeling of the Council that the majority of the people in the Town are anxious that the main Post Office for the Town of Leesburg be located in the central area .of the Town . THEREFORE, BE IT RESOLVED, that the Council for the Town of Leesburg in _Virginia , go on record as objecting to 'any movement of the Post Office building from the main section of the Town, and BE IT FURTHER RESOLVED , that a select committee, known as the Post Office location Committee , be formed and charged with the duty of continuing consultation with the Post Office Department toward the end of reaching a solution of the possible future location of the Post Office , and BE IT FURTHER RESOLVED, that the Mayor be authorized to appoint two members of the Council to serve on that committee and report its findings and recommendations to the Council with all possible speed . I3 Upon Motion of Councilman Lowenbach; seconded by Councilman Leach the following resolution was unaminously approved . BE IT .RESOLVED, by the Council- for the Town of Leesburg , in Virginia, that the name of Col . George E. Isaacs be submitted to the Judge of• the Circuit Court for Loudoun County , to fill the vacany on the Leesburg Board of Zoning Appeals , occasioned by the resignation of Maurice R. Lowenbach, said term to expire September- i , 1964. Upon Motion. of Councilman Lowenbach; seconded by Councilman. Pumphrey; and there being no objection to a roll call vote; the following resolution was passed . Voting , Yeas , Mr. Caulkins , Mr . Leach, Mr. Lowenbach and Mr. Pumphrey; Nays , Mr . Babson. BE IT RESOLVED, by the Council of the Town of Leesburg , in Virginia , that the Auditor-Treasurer be and he hereby is authorized and directed to pay each official and Councilman of the Town of Leesburg attending the Annual Convention of the Virginia Municipal League on September 24, 25 and 26, 1961 ,. the sum of fifty ($50.00) dollars . Upon Motion of Councilman Caulkins ; seconded by Councilman Leach, the following resolution was unaminously carried . 00 BE IT RESOLVED, by the Council for the Town of Leesburg , in Virginia, that the bill of George M. Martin, Town Attorney , dated September 5, 1961 and in the amount of $500.00 covering certain professional services C-' rendered in connection with Town business , be and the same is hereby approved , and CC BE IT FURTHER RESOLVED, that the &uditor-Treasurer be and he is hereby authorized and directed to pay said bill to George M. Martin, Attorney. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey the following resolution was unaminously adopted . BE IT RESOLVED , by the Council of the Town of Leesburg , in Virginia that whereas the Leesburg Development Company is willing to convey to the Town of Leesburg a 15 foot strip of property approximatelY .398.14 feet in length,, located along the south boundary of parcels B-5 and B-6 of the Walter E. Hough Estate , recorded in Deed Book 402, page 45 of the land records in the Clerk' s Office of Loudoun County , that the Town Manager be authorized to secure a record plat and description of said parcel and secure a Deed of Dedication and that the Town Attorney place said parcel on record The Town Manager presented the offer of John and Catherine Sims to purchase the plot of land known as Potters Field from the Town of Leesburg and the County of Loudoun. • The Mayor appointed Councilman Babson andCouncilman Pumphrey as members of a committee to be known as the Potters Field Committee working with the Town Manager and the Town Attorney , to study the proposed purchase and render their recommendations at a later date. Upon Motion of Councilman Hammerly; seconded by Councilman Caulkins ; and their being no objection to a roll call vote; the following reso- lution was adopted . Voting, Yeas , Mr . Caulkins , Mr. Hammerly , Mr. Leach and Mr. Lowenbach; Nays , Mr. Babson and Mr . Pumphrey . WHEREAS , the Leesburg Planning Commission has recommended to the Council that a variation of Section IV A-2 of the Subdivision Ordinance and Section 15-792 .1 of the 1950 Code of Virginia , as amended , be granted ; ' and , WHEREAS, the Council in the exercise of its considered judgment , after hearing all proper evidence , finds that the allowance of such var- iation does not violate any provisions of the Virginia Land Subdivision Act , as amended ; NOW, THEREFORE, BE IT RESOLVED, by the Council for the Town of Leesburg , in Virginia, that Frank J. Schaefer , Inc . be, and it is hereby allowed to proceed to prepare and submit his final plat for approval on the basis of the exhibition of the contract with Perry Engineering Company and the performance bond furnished by the Perry Engineering Company to Frank J. Schaefer and Company to insure the installation of complete curbs and gutters ; to install 118' of 15" concrete storm pipe and Three (3) catch basins and to pave roadway in Section II-B , Prospect Hills Subdivision. And shall be subject to the prior approval o_ the Town • Attorney. 14 Upon Motion of Councilman.Lowenbach; seconded by Councilman Caulkins; and there being no objection to a roll call vote; the following resolution was adopted . Voting , Yeas , Mr. Caulkins , Mr . Hammerly , Mr . Leach , Mr . Lowenbach, Mr . Pumphrey and Mayor Raflo; Nays , Mr. Babson. WHEREAS, certain recommendations will be made by the Legislative Committee of the Virginia Municipal League at the annual Convention on September 25, 1961 , and WHEREAS , The Town Council' s opinions on such recommendations should be, presented by an official spokesman; • • NOW, THEREFORE , BE IT RESOLVED . by the Council fOr the Town of Leesburg , in Virginia , that Mayor Frank Raflo shall serve as official spokesman, and that his alternate shall be George F. Hammerly. Upon Motion of Councilman Lowenbach; seconded by Councilman Hammerly the following resolution was unaminously approved . NOW, THEREFORE, BE IT RESOLVED, by the Council for the Town of Leesburg , in Virginia, that the next ,regular scheduled business meeting of the Town Council will be held on Monday , September 18 , 1961 , at 7: 30 P.M. Upon Motion of Councilman George Babson , seconded by Councilman Maurice Lowenbach , and there being no objection to a roll call vote , the following resolution was adopted by a vote as follows : Yeas , Mr . Babson, Mr . Caulkins , Mr. Hammerly, Mr. Leach, Mr. Lowenbach and Mr. Pumphrey; that Article 3 , section 3-1-2 of the Leesburg Zoning Ordinance for the Town of Leesburg be amended to read : "Churches; public ; private and parochial schools ; public and private libraries and museums ." The question had been divided and was voted upon in two parts . • Upon Motion of Councilman Hammerly , seconded by Councilman Caulkins , and there being no objection to a roll call vote , the following resolution was adopted by a vote as follows : Yeas , M. Caulkins , Mr . Hammerly, Mr. • Leach, Mr . Lowenbach and Mr . Pumphrey; Nays , Mr . Babson that Article 3'; Section 3-1-2 of the Zoning Ordinance of the Town of Leesburg as amended , be amended to read as follows: "Churches ; public ; private and parochial schools ; sbhool board office buildings on school board owned property; public and private libraries and museums ." Upon Motion of Councilman Caulkins ; seconded by Councilman Babson the . meeting adjourned at 9: 57 P.M. 79"v r'1 • SCHEDULE A • ' ,t r`' I x Sheet ,l: of _ • PROPOSED'-APPROPRIATIONS • c:: • ▪ Item �, • From' . To 'General Fund, rAdministrationn f • Special Legal Payments .; 1125.00 $1010 00 { Other, Services & Supplies : _.Insurance' ' ,. .J 2600.00 > 1580.00 Socisl Security•iF "Independent •Audit s: 375.00. Advertising & Pr.inting'` • 600.00 Telephone 935.00 • • • Stationery & Supplies 4 �f 640.00 ' ' ; ' :Electricity• _. c 110.00 ;' Fuel oil: • e : { 400.00 Repair-8 & Equipment - • 1350.00 Auto Tags _ •190.00 Miscellaneous .Y 'S : 150.0"0 .' New-Charter,& Ordinancest r • 1987.50 ,' Planningt,& •Zoning'' • ;Other.;Services ,& Supplies • = • 300.00 200.00 ;`. Education' , 1/3BankStock :Tax r_ - 4300..00' . 4393.00 Administration of Justice • Personal Services -;600 00 625.00 Other. Services'•& Supplies =''1000.00!. , • 1250.00 i` ` Police Department ' S ' • 'lr Motor Vehicle Supplies. 1300 00 1100.00 Radio:& Maintenance., , 'x00'.•00 175.00 - Miscellaneous;Supplies: & Equipment 500.00 300.00 r_ b • Fire''Dep tment '-. Personal ,Services er_ 500;00 487.00 , Other'-Service-s '& ;Supplies 0 Streets, Sidewalks;'& Sanitation ` • ,Personal-Services • 14$40^• 000-,^ {14900.00 • Sanitation'<C• ontract • 19850.00 15309.09, sr. ` -t `' Street' Lighting '. 5000 00 4600:00 Motor Vehicle:Operation &•Maintenance .1000.00 • 900.00 Other Supplies=& Repairs 1000 00 3000.00 r••••,, Miscellaneous ; ' _ 350.00 250.00 Snow Re_movel _ ''0. 250.00 =S Capital Outlays_ 1, Buick St. & Street Signsr 1 1000.00 5 . 1500.00 • Debt Service • "• ; 505 00 5038.00-. • Total General Fund-:Appropriation : 8105797 a°• $109915.20 S lai 1• ' 1 f• S •tt - t • i • -',l \n _ ' • - 'lam a•a.. • r S ' , t 't`,.--: } _ f 4±r. "A-2; .i` • •'-'t' r' F 6 9 I i ')• r rt• .+ ' f ^• y .,`.Sheet S"'2 of' 2t: y 'y;` .PBDPOSED_APPROPRIAiIONS ,M1 J P L ,Item From ' To f. 1 z . 'r.. IItility Fuad. -::• -; ‘--;,- wAdministration . To.GeneralFund. , ' > t ( 5 c F. - . ,„44 ;• f Personal `Services t < `e,:, •t.-$` 4531 6500 . ..I- 7245.00 3 i Other Services '& Supplies r .eA x '' 2400:00 ` r 266 ;..50 New Charter & Ordinances -,'?.:---;:.2-7,. .-.;a s-rr,;-;'5.0-, .';14 ,C. 662.50 i. 0 eration &'M , ' P aintenance £ ., r y . K 'Personal`;Services •;r ' r 7740:t00 8240.00 _ Electricity '' ' j 1400':00 -1700.00 x �" 500 00 d ' 230:00 General Supplies-& Repairs t* r 2000 00 5000.00 Puriflcation Supplies 'i ., , 0, . .5....•17.-5.00 'Paint Water,•:Tank', , -'.l x ``1 6500.00 ''' 6986.00 ,: r ,Test sof -`Well , f' ,..4,-4.,,._s ` � 1300.00 , ; -,1350.00 Miscellaneous �` 350.00 i 1400.00 -." , IL, A . Capital Outlays f • , A M n: x ..-.• r .'1 .. -.' , .J M1 t :tom i•: F 7 i t..�, Completion of' Construction % '^ r - - 5000'00 • 0.-. '` Deb ti.‘Service. 54, • s `; `' ; t : ; 1.i Interes'4- Payable •' ` 1• 53.50.00 A 15290.:9.0 - ;1;T 1>i i 1. xrf• 1 .c .. n 3 LM1✓xn V t I �f• 4...4 , Total '-Utility Fund% Appropriations .L R''' '$66659.65 ' f 868206.50 ( A — . :,;c:,:„.",'-- t # ,..+ r r •• '< 3 r, �3 _- r Cl' / 1. ,. r ' (4, •'. � 1 Jif _ "+ y - K - t, -lam ti r x T.•c: i {. s+ x c: ' -~ J ;-‘,,f,. . r'-.+ !•. .- Y . �":] He, t. "rli. �• am.. 4 . • 4f'' ar. ' 'I r t♦ J� . 0 : - x 3 3 y 1 v.y I ♦ t 'C . t .i, > ir t rI- b S a ; r..%-:' y '.:-.;•,, :I.'-r"-.‘1,-=":4,E. + ..i .Y s •,j _ ,r J Y S i § ,' ‘- 't ~ C S 4' t' Y ' t S a ti •t i Cr • ti . e.:'".;.', t rT x r ."'"-.:.:-..i.....-1.....1,:::-."..)( }•t 1 'r -' ti y • • ''x t _ ! . c:a �.:' _ • ✓ L. .,T x e c >!:'-j 1 y -. 1 " •.. ) -.. I i h.