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HomeMy Public PortalAbout1962_01_22 4'9 Minutes of the Regular Meeting of the Leesburg Town Council , Leesburg Virginia, January 22, 1962 The Regular Town Council meeting was called to order in the Council Chambers at 7:30 P.M. by Mayor Frank Raflo. Councilmen present were George J. Babson, Maurice R. Lowenbach and John W. Pumphrey. Council- man Hunter M. Leach arrived at 8:00 P .M. The minutes of the December 11, 1961 meeting were approved as read . Councilman Babson abstained from voting on this issue. IIThe minutes of the December 14, 1961 meeting were unaminously approved . The minutes of the January 3 , 1962 meeting were unaminously approved with the insertion of the following sewerage agreement. TOWN OF LEESBURG, VIRGINIA APPLICATION FOR SEWERAGE SERVICE REQUIRING AN EXTENSION OF EXISTING SEWERAGE FACILITIES 00 Cr: Application is hereby made for permission to connect with and T-- extend the presently existing sewerage facilities of the Town of Leesburg r ' for the purpose of providing sewerage service for the following described �,„ property: In consideration of such permission and as a condition thereof the Applicant agrees as follows: 1. That the installation of such facilities will be made in strict accordance with plans to be approved by- the Town; 2. That the Town may plug or otherwise seal the end of the pres- ently existing facilities from which the extension is to be made , or may plug or seal any part of the extension to prevent the entrance of debris and the use of such -facilities during construction operation for general drainage or other purposes; 3. That until such time as the facilities are finally approved by the Town he will maintain the facilities in a clean and normal op- erating condition and upon completion of roadway surfacing operations will make all new and existing manholes accessible and properly adjust them to, thefinal street surface elevations; and as a condition precedent to final approval , he will clean, correct or repair the facilities in the manner :directed .by the Town; 4. That until such time as the facilities are finally deeded to the Town, he ,will be. liable for any and all claims arising out of or in connection with damages to the property to be served by the facilities to other properties and to the facilities of the Town incurred by reason of the installation, operation and use of the facilities; 5. That detailed plans showing the facilities as actually built will be prepared by a Certified Professional Engineer and submitted to the Town as.:A condition precedent to the issuance of permits by the Town for the installation of building sewer connections and the approval of the use of the facilities; 6. That upon issuance of final approval by the Town the facilities shall become the property of the .Town free of any costs , and he will convey all of his rights , title and interest therein to the Town as of that date; 7. That all charges to be made by the Town, including any connec- tion charges set by the Town Council by resolution or ordinance in - connection with the rendering of. sewerage service to the above described property will be paid by him when and as due , and that he will be resp- onsible for the payment of the monthly service charges for the use of the facilities until such time as he arranges for the transfer of the sewerage service accounts entered in his name to the name of the person or personswho acquired title to the above described property; and in order to effectuate the transfer of such accounts he will arrange for the processing of such transfers at the time of sale of each parcel- of- the above described property; 50 8. That , if at any time required by the Town, he will post a bond or cash deposit with the Town in a sum deemed to be sufficient by. the Town to guarantee the satisfactory installation of the facilities and satisfactory compliance with the provisions of this Application; 9.' rThat ;he. will record all sanitary sewer easements and show Deed Book references: on the As-Built. drawings. . • Applicant . By: ' • Title _Address Date: Approved: • Town Manager By: Dater • V✓ The following bid was received for the Franchise to Serve Leesburg. Gas was opened and read to the Council. WASHINGTON GAS LIGHT COMPANY . , Serving •the Nation' s Capital Since 1848 '• 1100 H Street -, Northwest - Washington 5, D.C. Telephone STerling 3-5225 • January 16, 1962 To the Mayor andCouncil of the Town of Leesburg in Virginia: ' Washington G'as Light Company a corporation of the District of Columbia and the Commonwealth of Virginia, in accordance -with the provisions of the ordinance adopted by the Council on -December 11 , 1961 , entitled: "AN ORDINANCE asking bids to be submitted for. a fran- - chise -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 con- struction, maintenance and operation therein of a system of pipes, mains , manholes , connections , meters and other equipment 'and appliances necessary or con • - venient for the transmission, distribution and sale of gas in the Town of Leesburg and fixing the time for the receiption by the Town Council of bids." respectfully offers the sum of $500.00 for the franchise rights proposed to be granted thereby and encloses its certified check for that amount, payable- to„ the ,Town of Leesburg , Virginia. IN WITNESS WHEREOF , Washington Gas Light Company has caused this instru- ment to be signed in its name by its President and its corporate seal to be hereto affixed, and attested by its Secretary this 16th day of January, 1962. • WASHINGTON GAS LIGHT COMPANY Attest: ., : : By /s/ Donald S. Bittinger Donald S. Bittinger ( Seal) President • /s/ Edwin T. Stafford Edw. T. 'Stafford Secretary • ' 5 Y Upon Motion •of Councilman Lowenbach; seconded by Councilman Pumphrey and ,there being no objection to a roll call vote the rules of order were temporarily suspended to decide the Franchise Grant. Voting , Yeas, Councilmen Babson, Lowenbach, Pumphrey and Mayor Raflo. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey and there being no objection to a roll call vote the following Ordinance was unaminously approved . Voting yeas , Councilmen , Babson Lowenbach , Pumphrey and Mayor Hallo. AN ORDINANCE granting to Washington Gas Light Company a franchise to use anc occupy the streets , alleys , and I . other public grounds of the Town of Leesburg as the same now exist or may hereafter be laid out, for the construc- tion, 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. WHEREAS , this Council at a meeting held on the 11th day of December , , 1961, enacted an ordinance entitled "AN ORDINANCE asking bids to be sub- mitted 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 OD hereafter be laid out , for the construction, maintenance and operation therein" of`a system of pipes , mains , manholes , connections , meters r•I and other" equipment ' and appliances necessary or convenient for the transmission_, distribution and sale of gas in the Town of Leesburg; and fixing the 'tithe for the receibtion by the Town Council of bids ," and such ordinance was approved by the Mayor on the 11th day of December , 1961; and 12 • WHEREAS, such ordinance was published in the Loudoun Times-Mirror, a newspaperhaving general circulation in the Town of Leesburg , Virginia, at least• once a week for four successive weeks as required by law, . and a certificate of such publication has been filed with the Recorder of the Town of Leesburg; and IIWHEREAS, the presiding officer of the Council thereupon invited bids for such franchise as required by law; and WHEREAS, Washington Gas Light Company submitted in writing a bid in the• amount of"$500.00 for the franchise; and WHEREAS, in the opinion of the Council of the Town of Leesburg, it is expedient and in the best interest of the Town that the franchise be granted to Washington Gas Light Companyr NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF .LEESBURG, VIRGINIA: Section 1. A franchise be, and the same is hereby , granted to Washington Gas Light Company, a corporation of the District of Columbia and the Commonwealth of Virginia, its successors and assigns (hereinafter generally referred to as grantee) , to 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. IISection 2. The materials bo be used and the manner of construction to be followed under this franchise shall be such as are commonly used and followed by similar grantees doing a similar business in towns of . substantially the size of the Town of Leesburg. The location and laying of all pipes or mains , the placing of manholes' and conduits, and the location of any other permanent equipment or _appliances of any kind under this franchise shall be subject to the approval of the Town Council or such committee or town official as the Town Council may from time to time designate; PROVIDED , HOWEVER , that all work done under this ordinance 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 1 while the 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 re- stored within a .reasonable time from completion of the work to the same condition as existed prior to such construction. 52 Section 3. The work to be done under this ordinance shall be done in Such a manner as not to damage any other underground construction of any other public service corporation holding a franchise from the Town or any construction performed by the Town itself, or by the State Highway Depart- ment , or unnecessarily to interfere with the making of connection 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 struct- ures of the grantee shall prove to be in the way of public street• improve- ments or sidewalks , actually being constructed in the Town, whether such improvements 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 cost to move so much of its works on the streets sidewalks , alleys ,• or other public grounds in the Town as may imped 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• w municipal corporation, from all loss , cost and expense to which the Town may be subjected for any damage or destruction that .may be done to or suffered by anyone in person or property for which the Town of Eeesburg 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 condition all streets , sidewalks , water mains , or- sewers disturbed 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 IIincurred 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 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 conferred shall not become effective unless and until the grantee shall file with the Recorder of the Town Council of the Town of Leesburg, Virginia, its written acceptance ' thereof.. Section 9. The ,privileges hereby granted shall continue forma period of thirty years from the date .of the approval of this ordinance. Approved this 22nd day of January, 1962. • /s/ Frank Raflo • Mayor • Attest: • (SEAL ) /s/ H. Frederick Mang Recorder II The following written letter of acceptance was offered by the Washington Gas. Light Company pf Washington, D.C. WASHINGTON GAS LIG"rT COMPANY • - Serving the Nation' s Capital Since 1848 • 1100 H Street, -Northwest - Washington, • 5, D.C.. Telephone STERLING 3-5225 • January 22, 1962 • • To the Mayor and Council of the Town of Leesburg in Virginia 5 3 • Washington G'as Light Company, a corporation of the District of Columbia and the Commonwealth of Virginia , hereby accepts the franchise • granted by-the Council of the Town of Leesburg, in an ordinance adopted by said Council on January 22 , 1962 , entitled: - . "AN ORDINANCE granting to Washington Gas Light Company 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 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." IN WITNESS WHEREOF, Washington Gas Light •Company has: caused this instrument to be signed in its name by its President and its corporate seal to be hereto affixed and attested by its Secretary , the 'day and year first above written. WASHINGTON GAS LIGHT COMPANY 7_' - BV: /s/ Donald S. Bittinger {. Donald S. Bittinger ` -' Attest:, • President Y ( SEAL- ) • - -- r - /s/ Edwin T . Stafford Edw. T. Stafford �/ Secretary • The Mayor gave his report to the Council. IIThe Report of the .Town Manager was given. Upon Motion of Councilman Lowenbach; seconded by Councilman Leach the resolution on check signatures at the bank was given. After discussion by the Councilmen it was decided that the previous Resolution on Bank Signatures should be revoked prior to the passing of the new resolution. At this point Councilman Lowenbach withdrew his motion on the resolution. Upon Motion of Councilman Pumphrey; seconded by Councilman Leach, and there being no objection to a roll call vote the following resolution was unaminously passed . Votings , Yeas, Councilmen Babson, Leach, Lowenbach and Pumphrey. WHEREAS, the Leesburg Planning Commission has held a Public Hearing on January 18 , 1962 , after due publication, to consider a request of George P. Hammerly for rezoning of certain of his lands , and have by Resolution recommended to the douncil said rezoning to be as follows: "Amend the Zoning Ordinance by amending the Zoning Map to rezone from a General Residence District to an Industrial District a parcel of land owned by George P . Hammerly, containing .667 acres located on the North East side of Route 643 and immediately adjacent to the W & OD RR on the 'South." THEREFORE BE IT RESOLVED by the Council for the Town of Leesburg , in ' Virginia, that a Public Rearing will be held on February 12 , 1962 at 7:30 P .M. to consider the above recommended amendment and that the Recorder be, and he is hereby requested to insert an advertisement to that effect in the January 25, 1962 issue of the Loudoun Times Mirror. Upon Motion of Councilman Pumphrey; seconded by Councilman Leach the following resolution was presented to the Council. BE IT RESOLVED , by the Council for the Town of Leesburg , in Virginia, that the Mayor and Recorder be authorized and directed to execute the following Deed of Vacation which is spread on the Minutes of the meetings of this Council. After the table had discussed this particular resolution, Councilman Pumphrey withdrew his Motion. 54 Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey the following resolution was presentedto the Council. WHEREAS, Barber and Ross Company, a Delaware Corporation did on December 19, 1961 grant and convey a 15 foot wide perpetual sanitary sewer easement through its property., to the Town of Leesburg , in Virginia , more partic- ularly described-, . in'a certain survey of Robert K. Wilson, D.L.S. dated November 28 , 1961 and; shown on revised plat dated December 12, 1961, and WHEREAS, the sanitary sewer was actually built within the confines of this easement and not as shown on a certain deed dated April 10, 1957, recorded in the Clerk' s Office for Loudoun County, Virginia in Deed Book 368 , Page 9 ,'!and WHEREAS, it is within the interest of the Town of Leesburg to have this easement discrepency corrected , . THEREFORE,. BE IT RESOLVED , by the Council of the Town of Leesburg that the Mayor and Recorder are hereby authorized and directed to execute a deed to grant to Barber and Ross Co. , a. Delaware Corporation, that unused portion of the sanitary sewer easement , which is not within 7f feet of the center line of the sanitary sewer as actually built , and that the Town Attorney is hereby authorized and directed to place this deed on record in the Clerk' s Office of Loudoun County , Virginia, and that the Auditor-Treasner is hereby authorized and directed to pay for the recording of these instruments from the Utility Fund. Upon Motion of Councilman Leach• seconded by Councilman Pumphrey and there being no objection to a roll call vote the above resolution was passed with the following stipulation. Voting yeas , Councilmen Babson, Leach, Lowenbach and Pumphrey. • • To be included in the above resolution the stipulation "excluding the construction of a permanent structure on said easement." • Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey and there being no further business to come before the Council , the meeting was unaminously adjourned at 9: 35 P.M. • • 11-4'"/1 'VA) • • • • • • • • • • • • • • • • 1