HomeMy Public PortalAbout1961_12_11 32
Minutes of the Regular. Meeting of the Leesburg Town Council,.
December 11, 1961
Mayor Frank Raflo called the Leesburg Town Council Meeting to order at
7: 30 P .M. in the Council. Chambers , Leesburg, Virginia. Councilmen present
were StanleyJF. Caulkins , Maurice R. Lowenbach, George P . Hammerly and
John W. Pumphrey. Absent from the meeting were George J. Babson and
Hunter M. Leach.
The minutes of the previous meeting were approved as read.
Petitioners appearing before the Council were Mr. Carlton Penn, Mr.
Richard Hill and Mr. Brownrigg.
Mr. Penn and Mr. Hill appeared to discuss the Third Deed of Trust on
Parker Reshbdivision.
Mr. Frank Wozencroft appeared for the Planning Commission and presented
the street naming and street numbering plan. .
The Mayor gave his report.
The Town Manager gave his report to the Council.
Upon Motion of Councilman Pumphrey; seconded by Councilman Hammerly and
there being no objection to a roll call vote the following resolution was
unaminously approved. Voting yeas, Councilmen Caulkins , Hammerly, Lowen-
bach and Pumphrey; and Mayor Raflo.
LEGAL NOTICE
TOWN OF LEESBURG, VIRGINIA
Notice is hereby given that pursuant to an ordinance adopted by the Council
of the Town of Leesburg, Virginia, on December 11. 1961, bids will be
received for the franchise privileges and rights proposed to be granted
by such ordinance, such bids to be presented to the presiding officer of
the Council of the Town of Leesburg, Virginia, at a meeting in open
session of such Council to be held in the Council Chamber. Town of Lees-
burg. Virginia, on the 22nd day of January . 1962 . at 7: 10 o' clock P.M.
(Eastern Standard Time) . After the receipt and opening of such bids , the
Council will proceed withthe consideration of the granting of such fran-
chise in-the manner prescribed by law.
All bids must be in writing and the successful bidder shall pay all costs
for advertising the franchise in addition to the sum bid by it. The
right is hereby expressly reserved to reject any and all bids. The
proposed franchise ordinance is as follows:
AN ORDINANCE asking bids to be submitted for a franchise
to use and occupy the streets , alleys and other public
grounds of the Town of Leesburg as the same now exist
or may hereafter be. laid out for the construction,
maintenance and operation therein of a system of pipes ,
mains , manholes, connections , meters and other equipment
and appliances necessary or convenient for the trans-
mission, distribution and sale of gas in the Town of
Leesburg; and fixing the time for the receiption by the
Town Council of bids.
BE IT ORDAINED BY THE TOWN COUNCIL OF LEESBURG, VIRGINIA:
That bids in writing be received by the presiding officer of the Council
as a meeting thereof, in open session, to be held on the 22nd day of
January . 1962 , at 7: 10 o' clock P.M. ,(Eastern Standard Time for a fran-
chise to use and occupy the streets , alleys and other public grounds of
the Town as the same now exist or may hereafter be laid out , for const-
ruction, maintenance and operation therein of a system of pipes , mains,
manholes, connections ) meters and other equipment and appliances necessary
or convenient for the transmission, distribution and sale of gas , for the
purpose of supplying gas in the Town of Leesburg.
The Council reserves the right to reject any and all bids. The person or
corporation to who the grant is finally made, if any, shall reimburse
the Town for the cost of advertising this ordinance as required by law.
The form of the franchise for which bids are hereby requested shall be
substantially as follows:
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An ORDINANCE granting to - a franchise to use and
occupy the streets, alleys and other public grounds of the Town Of Leesb-
urg as the same now exist or may hereafter be laid out for the construction,
maintenance and operation of a system of pipes , mains , manholes , connections
meters and other equipment and appliances necessary or convenient for the
transmission,distribution, and sale of gas in the Town of Leesburg.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LLEESBJJRG, VIRGINIA:
Section 1. A franchise be , and the same is hereby, granted to
, a corporation of
its successors and assigns (hereinafter generally referred to as grantee) ,
IIto use and occupy streets , alleys , and other public grounds in the Town
of Leesburg , Virginia, as now existing or hereafter extended , for the
construction, maintenance and operation therein .of a system of pipes,
mains , manholes , connections , meters and other equipment and appliances
necessary or convenient for the transmission, distribution, and sale
of gas in and to any part of the Town of Leesburg. _
Section 2. The materials to be used and the manner of construction to
be followed under this franchise shall be such asare commonly used and
followed by similar grantees doing a similar business iii town of sub-
stantially the .size of the Town of Leesburg. The location and laying of
all pipes or mains , the placing of manholes and .conduits , and the loc-
;,f, ation of any other permanet equipment or appliances .of any kind under
this franchise shall be subject to the approval of the Town Council or
N such committee or town official as the Town Council may from time to
( time designate.; PROVIDED , HOWEVER , that all work done under this ord-
inance shall be done in such manner as not to interfere unreasonably
with the free and proper use of the streets , alleys and other public
grounds whilethe said work is in progress , or unnecessarily to obstruct
the travel thereon, and when the streets , alleys , and other public
grounds are used for any underground construction the surface thereof
shall .be restored within a reasonable time from completion of the work
to the same condition as existed prior to such construction.
Section 3. The work to be done under this ordinance shall be done in
such a manner as not to damage anyother underground construction of
. any other public service corporation holding a franchise from the Town
IIor any construction perferred by the Town itself, or by the State High-
way Department , or unnecessarily to interfere with the making of con-
nection by the Town or by the citizens thereof with water or sewerage
pipes which may now or hereafter .be laid or constructed by the Town or
by any other public service corporation holding a franchise from the Town .
Section 4. Whenever any of the pipes , mains , manholes , or other structure
of the grantee shall prove to be in the way of public street improvements
or sidewalks , actually bein constructed in _the Town, whether suchimprov-
ements be -new or in the nature of ' changing any location of .or repairing
existing streets, sidewalks , alleys or public grounds , the Town Council
may require the grantee at its costs to move so much 'of its works on the
streets , sidewalks , alleys , or other public .grounds in the Town as may
impede the progress. of such improvements , and upon the failure of the
grantee so to do, the Town Council may, after ten days' notice in writing
to the grantee , itself make such necessary changes in the works of the
grantee at the cost and expense of the grantee.
Section 5. By accepting this ordinance and franchise the grantee, its
successors and assigns , hereby agrees to indemnify. and save harmless
the Town of Leesburg, Virginia, as a municipal corporation, from all
loss , costs and expense to whcih the Town may by subjected for any damage
or destruction that may be done to or suffered by -anyone in person or
property for which the Town of Leesburg may be held liable by reason of
any work to be done or the proper maintenance thereof under this- franchise.
Section 6. The grantee , its successors and assigns , shall, at its own
,, proper cost , promptly replace, relay, repair and restore as nearly as
possible to their original condisiton all the streets , sidewalks , water
mains, or sewers distrubed or damaged in the construction of the work
authorized to be done by this franchise; and upon failure to do so, after
ten days' notice in writing, shall have been given by the Town Council
or any duly authorized officer of the Town, the Town Council may replace,
relay, repair or restore such portion of the streets , sidewalks , water
mains , or sewers as may be so damaged or disturbed and collect the cost
so incurred from the grantee, its successors and assigns.
Section 7. This franchise is granted 'under the express condition that the
grantee shall maintain a proper system in good order for the transmission,
distribution, and sale of gas in the Town of Leesburg, Virginia, subject
to the jurisdiction of the State Corporation Commission of Virginia.
Section 8. This franchise and the rights and privileges hereby granted
and vonferred shall not become effective unless and until the grantee
shall file with the Clerk of the Town Council of the Town of Leesburg,
Virginia, its written acceptance thereof.
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Section 9. The privileges hereby granted shall continue for a period of
thirty years from the date of the approval of this ordinance.
Approved this day of , 1962.
Attest: •
-
Town Clerk
Town Manager
Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey and
there being no objection to a roll call vote the. .followingresolution
was unaminously approved . Voting yeas , Councilmen Caulkins , Hammerly,
Lowenbach, Pumphrey and Mayor Raflo.
BE IT RESOLVED, by the Councilof the Town of Leesburg, in Virginia, that
the amount of 380 .00 be appropriated from the unappropriated surplus
of the General Fund to repair the roof of the fire house and that the
Town Manager is hereby authorized and directed to have the necessary
repairs completed .
Upon Motion of Councilman lowenbach; seconded by Councilman Pumphre and
there being no objection to a roll call vote the following resolution was
unaminously approved . Voting yeas, Councilmen Caulkins; Hammerly, Lowen-
bach, Pumphrey.a_zd `. -.
BE IT RESOLVED , by the Council tf the Town of Leesburg,. in Virginia,
that the Auditor-Treasurer is authorized and directed to transfer the
sum of $40000.00 from the dash balance of the Utility Fund to six month
time deposit open accounts with a recognized banking institution or instit-
utions within the Town of Leesburg, in Virginia, and
BE IT FURTHER RESOLVED, that the above mentioned sum shallbe deposited
so as to receive the best terms to benefit said Town and
BE IT FURTHER RESOLVED, that the Mayor be authorized to execute andy
necessary agreements pertaining to these accounts on behalf of the Town
of Leesburg, in Virginia, and that the Auditor Treasurer shall be auth-
orized to make withdrawals upon the direction of Council .
Upon Motion of Councilmen Caulkins; seconded by Councilman Pumphrey and
there being no objection to a roll call vote the following resolution
was unaminously approved . Voting yeas, Councilmen Caulkins , Hammerly,
Lowenbach and Pumphrey.
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WHEREAS, the Town of Leesburg , in Virginia, annexed 1719.1596 acres of
land Januaryl, 1958 , and
WHEREAS, the Federal Aviation Agency has under construction an Air Route
Traffic Control Center adjacent to the Town of the east , which will employ
approximstely 500 personnel_ on a 24 hour basis , and .
WHEREAS, in addition to the natural growth of Leesburg, permission has
been granted by said Town for 522 multi-family dwelling units , 96 of
which will be ready for occupancy on January 1 , 1962, and
WHEREAS, all the streets of Leesburg have been named . and street numbers
assigned , now therefore '
BE IT RESOLVED, by the 'Council of the Town of Leesburg, in Virginia, that
the Postmaster of the Town of Leesburg, be notified that said Council is
in favor of mail carrier service being adopted for the Town as soon 'as
possible and with the understanding that persons wishing to retain their
post office box, may do so.
Mayor Raflo gave notice to the Council that a special meeting of the New
Charter Committee to discuss the New Charter would be held on Thursday,
December 14, 1961 in the Council Chamber at 7: 30 P.M. in the Council
Chambers.
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Upon Motion of Councilman Caulkins; seconded by. Councilman Lowenbach and
there being no objection to a roll call vote the following .resolution '
was unaminously approved . Voting yeas , Councilmen Caulkins, Hammerly,
Lowenbach, Pumphrey and Mayor Raflo.
VIRGINIA:
IN THE CIRCUIT COURT FOR LOUDOUN COUNTY
IN RE: PETITION OF TOWN OF LEESBURG,
IN VIRGINIA, FOR DETERMINATION OF
APPLICABLE SUBDIVISON REGUALTIONS AT LAW NO, 1297
UNDER TITLE 15, SECTION 788 , OF THE
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CODE OF VIRGINIA, 1950, AS AMENDED
ORDER
It appearing to the Court that the Zoning Ordinance for the County of
Loudoun requires that a building permit be obtained at a cost of Three
Dollars ($3.00) ; that the Zoning Administrator for the County issues
such building permits based upon the lot sized , which are defined in
the Zoning Ordinances adopted by the County of Loudoun;: that by order
p.; entered in the ab&ve entitled matted February 1, 1960, the Town of
Lc. Leesburg was given exclusive jurisdiction over subdivisions within one
U- mile of the Corporate limits of said Tosn; that the smalles lot size
` perkitted under the Zoning Ordinance for the County of Loudoun is
„r, 10,000 square feet; that in many instances, the Town of Leesburg- permits
smaller lot sizes in subdivisons approved under its subdivision ordinance;
that the Zoning Administrator for the County of Loudoun takes the
position that lot sizes in a subdivision within the one mile area of
the Town of Leesburg must conform to the lot sizes under the Zoning
Ordinance for the County of Loudoun before a building permit will be
issued therefor by said Zoning Administrator;
And it further appearing to the Court that the Section of the Zoning
Ordinance for the County of Loudoun pertaining to lot sizes is of
IInecessity an intergral part of the Subdivision Ordinance for the
County of Loudoun; that since the Town of Leesburg has excluse juris-
diction of subdivisions within the one mile are; building permits in
said one mile area should be issued by the Zoning Administrator for
the Town of Leesburg, based upon the lot sizes as shown on the sub-
division plats approved by the Town of Leesburg and Zoning Ordinance
of the Town of Leesburg: .
It is therefore ADJUDGED and ORDERED that;
(1) The Zoning Administrator for the Town of Leesburg , or other designated
official of the Town of Leesburg, shall issue the building permits
within the said one mile area based upon the lot sizes indicated on
the plats of subdivisions approved by the Planning- Commission for the
Town of Leesburg.
(2) That w copy of each subdivision plat approved by the Planning
Commission for the Town of Leesburg for such areas be filed with the
Zoning Administrator for the County of Loudoun.
( 3) The County of Loudoun shall be relieved of responsibility of
furnishing and supplying sewerage disposal in such subdivisions.
(4) That the Clerk of this Court shall serve certified copies of
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this Order on the Zoning Administrator for the County of Loudoun and
the Zoning Administrator for the Town of Leesburg.
ENTER:
This day of , 1961.
yf
Judge
We ask for this:
George M. Martin
Leesburg, Virginia Town Attorney
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Sterling M. Harrison
Leesburg, Virginia
Commonwealth' s Attorney
for the County of Loudoun
WHEREAS, The Town of Leesburg has exclusive subdivision control within a
one ( 1) mile radius of the corporate limits of the Town of Leesburg; and ,
WHEREAS, the Zoning Administrator for the County of Loudoun refuses to
issue building permits for subdivisions approved within the said area
because in her opinion the lot sizes are controlled by the Zoning Ordin-
anace for the County of Loudoun, and that the Zoning Administrator is
bound to follow this Zoning Ordinance for the County of Loudoun; and
WHEREAS, the Board of Supervisors , through its attorney , Stirling M.
Harrison, Commonwealth' s Attorney , is agreeable to the entry of the
order hereinafter set forth:
BE IT RESOLVED, by the Council, for the Town of Leesburg, in Virginia, that
the Town Attorney be,. andhe is hereby authorized and instructed to endorse
the said order and obtain the entry thereof.
There being no other business to come before the Council and upon Motion •
of Councilman Hammerly; seconded by Councilman Lowenbach the meeting was
unaminously adjourned at 9:00 P.M. •
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