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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: _ _ • a3 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. 34 - 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. • 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. 1 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 ' 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 I 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 36 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. • • • • • 1