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HomeMy Public PortalAbout1963_08_26 o C.1 rav MINUTES OF REGULAR MEETING OF LEESBURG TOWN' COUNCIL, AUGUST 26, 1963. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on August 26, 1963. Mayor Frank Raflo called the meeting to order at 7:30 P.M. Councilmen present were : Stanley F. Caulkins, George P. Hammerly, Lynnwood L. Lay, Hunter M. Leach, Maurice R. Lowenbach, Jr. and John W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town' Attorney George M. Martin. In the absence of the Recorder, Dorothy B. Rosen was appointed Recorder Pro-Tem. The minutes of the Regular Meeting of August 12, 1963 were approved with the general consent of the Council. ' Mayor Raflo and the Town Manager had no report for Council. Upon motion of Councilman Hammerly, seconded by Councilman Caulkins, the following petition scheduled to be heard at this meeting was unanimously tabled until the next meeting of the Town Council : Armel H. Heileman, to have a parcel of land now zoned as a ONE- FAMILY RESIDENCE DISTRICT rezoned to a GENERAL RESIDENCE DISTRICT. =This land lies on the West side of Lee Avenue and Phillips prop- erty, bounded by the property of Dry Mill Road (State Route 699) and Phillips on the North, Lee Avenue and Phillips on the East, Cr:00 Wright on the South and Myers on the West, in the Town of Lees- , burg, ' Virginia, and contains 14.4628 acres of land, more or less. W QC At this time , a public hearing was conducted on the following petition: CC .. John Allen Johnston, to have a parcel of land now zoned as a ONE-FAMILY. RESIDENCE DISTRICT rezoned to a TOWN HOUSE RESIDENCE DISTRICT. This land lies on the North side of State Route 7, bounded by the property of Dulin •on the North, Fairview Street on the East, State Route 7 on the South, and Stallings and Zeiler on the West, in the Town of Leesburg, Virginia, and contains 20.108• acres of land more or less. II Mr. Thomas W. diZerega, Attorney for the petitioner, presented his plea for said petitioner. Colonel Lowell Riley, appearing against this petition, sted that portions of the transcript of the Public Hearing held before the Planning Commission on July 30, 1963 be read. Upon motion of Councilman Pumphrey and with the general consent of the Council, Planning +Director Robert C. Forbes read the remarks of Mr. Albert F. Anderson, Colonel Lowell Riley, Dr. B. A. Brann, Ambassador W. S. B. Lacy and Mr. B. Powell .Harrison from the transcript of July 30, 1963. The following persons spoke against this petition: Colonel Lowell Riley, Mr. Frank Marr , Mr. Gordon Gochenour, Mr. Edwin Cross, Mr. Stanley Rollison and Mrs. Van Iden Zeiler. There were also other residents of the area in question present who opposed this petition. Upon motion of Councilman Pumphrey, seconded. by Councilman Lowenbach, the Council, by a roll call vote of 5 to 1, voted to accept the recommendation of the Planning Commission rejecting this petition. Voting .Yeas were Councilmen Caulkins, Hammerly, Leach, Lowenbach and Pumphrey; voting Nay was Councilman Lay. Upon motion of Councilman Lowenbach, seconded by Councilman Caulkins,' the following resolution was unanimously adopted by roll call vote: BE IT RESOLVED by the Town Council of the Town of Leesburg, in . ' Virginia, that the firm of Johnson. and Williams,. Consulting En- gineers, be authorized to proceed with plans and specifications • on the proposed building of a concrete vault, altitude valves and bypass andcnecessary accessories to be built at the Town of S Leesburg one and a half million gallon standpipe. It is under- stood that the cost of construction of this work is approxi- mately $6,000.00, which-money is to be paid out of the unen- cumbered $15,000.00 to be received from the Loudoun County Hos- pital from the sale of the Gibson Heights tract. It is further understood that the necessity for this work is occasioned by the proposed automatic operation of the new Paxton Well , certain phases of which are in the existing contract with Sydnor Pump and Well. Regular Meeting of August 26, 1963. NOW, THEREFORE, because time is expedient, the Town Manager is 9 , authorized to negotiate with a contractor for the construction of the above, and to place the Paxton Well on automatic opera- tion as soon as possible. Upon motion of Councilman Lowenbach, seconded by Councilman Hammerly, the following resolution was unanimously adopted by roll call vote : BE IT RESOLVED by the Town Council for the Town of Leesburg, in Virginia, that the attached Lease Agreement dated June 1, 1963 between the Town of Leesburg and the Margaret Paxton Memorial for Convalescent Children be adopted, and the Mayor is hereby i authorized to execute same in the name of the Town of Leesburg. (Lease Agreement attached hereto) . Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the following resolution was unanimously adopted by roll call vote: BE IT RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, that the 515,000.00 to be received from the Loudoun County Hospital from the sale of the Gibson Heights tract be deposited in the Utility Fund. Mayor Frank Raflo read a letter of resignation from the Planning Commission from Mr. Paul Snyder. This resignation was accepted by the Council with regret and with commendation for his diligence noted by the Council. Mr. Hunter M. Leach was appointed to fill the unexpired term of Mr. Snyder on the Planning Commission, said term to expire on September 1, 1965. Upon motion of Councilman Hammerly, seconded by Councilman Caulkins, the following resolution was unanimously adopted by roll call vote: WHEREAS, the Leesburg Airport Commission is vested with the re- sponsibility for the construction, improvement, equipment , opera- tion and maintenance of the Town of Leesburg's Airport, and to ' that end a certain tract of land was purchased for construction of a new airport and a bond issue has been approved in order to assist in financing the construction of the said airport ; now, therefore, BE IT RESOLVED, that the Mayor and the Treasurer be and are here- by authorized and directed to transfer proceeds from the "Lees- . burgAirportBond Issue" to the Leesburg Airport Commission to be used .by said Leesburg Airport Commission for the construction, . improvement and equipmentnf the new Leesburg Municipal (Godfrey) Airport, and to expend said funds in accordance with the budget heretofore approved so that said airport may be constructed in accordance withthe plans and specifications as approved by the Federal Aviation Agency; ,however , before dispersing said funds, said airport commission shall enter into bond in the amount of One Hundred Seventy-five Thousand Dollars (8175,000.00) for the faithful performance of their duties. They shall deposit said funds in a separate account and render accountings for the ex- penditure of said funds as heretofore provided. Upon motion of Councilman Hammerly, seconded by Councilman Lowenbach, and there being no further business to come before this meeting, it `was adjourned by general consent at 9:00 P.M. o7 Ce-4-1_ '/J a or I Recorder l Pro-Tem G r t •'i "` ,•THIS.LEASE AGREEMENT made this let day.of 'Me,.1963, -- • between the Town of Leesburg, in Virginia, a municipal corporation; -s . , party•o�f�the,first part; hereinafter referred to as T the " own`', and the • Margaret:Paxton Memorial for'Convalesdent .children,'a?corporation - : 4` 4 . organized and existing under the laws of the State of Virginia, parry_of the • '., second pair, hereinafter referred to as-the ' Home"1 r : WITNESSETH .,. • , ry. `M. .y:. - -. I• , .ci THAT, WHEREAS; 'trims become necessarytoFsupplement the - water supply for•the inhabitants di the Town, and ,. .;; • ! !REAS; the Town has;drilleda well near the-Northerly corporate limits, on property owned by_the Home, for:the purpose of : ., _ . .providing°an adequate water supply for its inhabltants,'and ,. .'-} WHEREAS; the Board of Health'of the State-.of Virginia has approved ' the quality of the'output.of water from ssiid•well;',whicti`accordinng to recent : tests furnishes in'• ex• ce•ss of 400 gallons per_minute:andJ. .2,- • 4 "� WHEREAS, the Town has-ins-441160.a pump, built a pump,house, ,� '•7 installed-ma inery and equipment and provided;other improvements at - - . . the well site,`andI .: 1 , it I •s� J.. I 11 'WHER E As, the Town desires to}lease from the Home'the rights to the water supply from the well and'the use of:certain land for laying and maintaining a water line and as the means of ingrese'and•egress•to and from the well: site,,and rt } s.,- WHEREAS, it is the opinion of the officers;` that.the interests of the Home will be advanced and•promoted by entering into the lease and,_ , ' T. -that tale'• rights 'of no:person:having an interest-therein-will be prejudiced . or.violated thereby, and' ;_ •I " - _ :WHEREAS,.'the officers are advised that befoAe-becogiingg effeci-ve and binding air-behalf of the (tome, the.,proposed lease agreement ' • , >' ` should be authorized; ratified and confirmed;by•the Circuit-Court'of r .a? • • Sir - I o J.- f r ,{-.c: '4 s� H' fi aes, ` Loudoun County,`_Virginia, in a eult brought for•the purposes aforesaid. t ) • .t T. J. }. • NOW, •THEREFORE, THIS LEAst.A64EgriONT. WITNESSETH: _' L That for and in consideration of the�premisee; •the •sum_of Ten Dollars' - r ($10 00)?in hand paid by each of the parties to the other, the receipt whereof le hereby severally acknowledged, the;Home hereby- lets and demises;unto^the Town, and the•Town'hereby rents from the Home, for the term_and upon conditions, prouisw?nse and,conditions hereinafter contained;-grape rry. rights toruses of'prRperty and the fright to purchase r_ L Y ' _1- • y wre ater as-heinafter set forth kt 4. s a rx i ,*4 '$F ' -i /' r:' ` 1 The Moine-here' by,lets and demisesuntothe Town the exclusive ' . ,f - right to pump and take water frena. the welt"located cn the parcel of land. ' containing 15; 289,squarefeet, the exclueive'tighc touse the strip of land / 2&;feet.in width for.iaying and.maintatning an 8-inch,water line, and the - 2 'use for;ingress and egress for,not mere.than eight years, of•the strip- ...zit.land:extending:freta the well.site•to the "Private Road to.Paxton t .. •Me• •morial Home", the said three parcels or strips of land being described .- and desi ed on plat prepared.b : ohnson and Williams ' 'Consul >P» plat Pa . .y J , ting , Engineers, Washington,-.D -q-."-, dated.4tif5, 1963, a,copYrof'said plat, - • J , marked "Exhibit A", being attached hereto and made apart hereof H iL • _ 1. The Home further lets and demises unto the Town-the night; ie.construct andmaintain pole lines for ?omm1? tIon and tiansmieslon of power, to erect powerstatrons, to install pumps and appliances for : ' taking water from the well, and.lay and "maintain necessary pipe lines,- the 4-4.,S 1 ;ft . < same to be located:on the demised premises • 4 ' 3 For the term beginning the 3rd dayof June, 1963 and ending_ • Juiy'1.1964, the Town shall pay a flat rate of 30 per 1000 gallons for all ... A • 1 t water pumped Rona said well .The total•amount of payments for the`period II, . `ending July 1, 1964, and payments for any twelve month period thereafter. - shall not be less than $5.00 00 t,r ':x i . • . —3- - ' ,.--,->,:--"P.:\4 Ail water pumped from the viellishall be aieasured.by-meter - of-standard make used for such purposes to be InstallS on-said parcel'. , - • of land containing 15';289 square-feet 'The water meter shalli be installed _, 1,1, and maintained In'such condition as to-accurately record the-wilume ofd • - , • -water pumped'�from the well,at the cost andtexpense of,the.Town . ; ; 5 :•iThetown shall keepcomplete recdrde of the.quantity of water . d'from the well, and the cost of" i g a >putnpe pump ng•and piping tlie•water to the ureter, and'surh••records shall be madeavailable toithe Home;'its `i :arbitrator, or the.hoard.of arbitrators upon-request of them of either of :. them ` - • - . 6 :-...'All water pumped•from said,welt'shall be piped to connect with f i the Town's general distribution system Arid.shall be aold at the rates currently"in effect, and shall be-used:only fat such purposes-as generally permitted by the'Town,• except in case,of fires or other:emergencies ' . ' ,. .- i ' '-' - �'•r y{. sty'i� e� r T' {, . 7 •=The Town 'shall not enlarge, remodel or relocate-any.buildings, . t _ • • fixtures•or equipment without first obtaining written permission df the • z .i.0 s Home fi S V 4 , The Town shall keep and maintain the demised premises and ` • ite'facilities add equipment located thereon, in'a neat and•ord rly • - condition. • : - 9 '.:Upon the opening of theNortherly end of Wildman Street,,-located just South'of the demised premises or at;the expiration`of eight:years from the date of-this agreement, whichever event shall•first occur, 'the t.. rights to use of the said.strip of.land eineaclitt,gefonic the well site to the. ' - 'Private' itnad to Paxton Memorial liome' shallforthwith become•revoked.' a-' ect annulled, 'and upon being:SO yrequested•the•Townshali execute proper and effective writings for the extinqutshment, revocation andannullment • II 'of.:ite right to use-said strip of,land ,. 4 - r 1 1 y . . : F- -- •_-`• -'r a_ is i _ - y, -.4- 10. :till' -shall have'theright to purchase,from the-Town,; ; - water supplied from the well at the rates;currently in effect {. #. .` • . • • } _ ' 11.? This•lease shall be fora term of ninety nine (99) years r ' beginhingthe ist:day of June,:.19,63 andYending the the 31st day-af May, , • 2062 During t• he•'time this lease:is in:effect, 2the`Horsie, shall, 'upon -- �� • receipt of.the payment•of the sum of TenDollars ($10 00) by the Town, .- exe'' cute and deliver to'the`Town anew lease for the demised premises:. ,, ti'3 ' except the strip of land 25 feet in width extending fromahe well site toY the " Private Raato Paxton d� Memorialliome",:'containing the sameterms, , covenants;.terms,' provisions-and cdnditians as,are herein contained, includir ,a'covenant •for-perpertual renewals thus providing"for new `c leases.from time to time:forever thereafter - 12; Payments for water pumped'from-said well• shall be made,^by, -• t.the'Tov. commencing on the•lst day•of•October, 1963:and consecutively + • t - > and successivel• y-on the;1 st•day_of:January, April, July and4October of each -,_ and every-yeartliereafter. Any payments iequired for cotnpilance,wlth . . the'annuaiminimum charge of $50000 shall be, ,made on,thest day of 4 July,of each and every y•ear hereafter k ; , ,1 '34'rt▪,: . - ,' } • # ,t, • a ,13 : Ail.payme• nts'�for water.sliall,be by-check or warrant of th• e - Town made payable'and-matiled io' Margaiet•Paxton Memortal for » . 7C. • • 4• 71 • " .mil �5.5.f1-;1.,:.;.-,. v. F '�^ • 'y , + • Convaledcent Children, Leesburg, Virginia >f ^ 't ; , ;71 4.' Should the capacity. of the•well tbll,below 100 gallons penminute or4Htio• its,meaSure up to requirements of the State Board of1Healtti of - , Virginia, the Town shall have the option'of terminating this agreement. 15 The Tow•n shall have-the right at-any time hereafter to remove,any buildings,•,•fixtures,i;;machinery or;material "from the' demised -,::.. . : .),11- -; -:C:. }.".27.ts:;-,-,-•;•ilE , premises in which event the Town shall be required'to,restore the , 3- {,surface of•the round,to the,,±same~level_;a&existed?then,. : .,,, an _ of the,property,comnienced 3 a T.' ti.-- , -. X16. During theterm of.this leasersgreement, the Town covenants and agrees•that tt will:comply,,at its sole cost and expense, with all rules, • - ; �. -.. a t .+r.. t .: "fix 4-. ' _$regulations, ordinances;and requirements of each and every public board or:oth:1/4er:governmental authority, Federal, State, 'County, or'atheiwi_se, Ineach and every'panicular relative to its use and occupancy of the ._ illr . • ` demieed-•p•'remises 1• ," u '.1'.'*;`-'- 17. The'Town covenants and agrees'that it,wiil carry property` • - ..} rV • - ;. damag , e insurance_with"limits'of at least:$10,:000 O0 and public*lability • . 4 k rf la $100co00/ 300 '0000060 forhe - Insuancewithltmlfsoatet , . s :,; protection of•the Town;and Margaret Paxton Memorialtfor Convalescent Children, 'froirm claims, `suite and actions against them or either of them, a ietng out of and by ,yittifej of the occupancy and'use of`the•demised _ premises:` 1=.18. it is agreed that the-walver of•any.of,the covenantsof this dyy y - • .,ap. • 4 ` lease agreement by either party:hereto shall be:limrted to the particular _ instance,•-and shall not be deemed to waiveranyr othebreach r or covenant - 1 :. herein contained. r. ... ••. . „ < ', 19. The Town agrees that it wil•l.promptly pay and_discharge any : _ 'I and all'obligations it has.94,may'incur:whicp inight give- rise:to'any: ,.. , mechanics', laborers' and materiaimen's liens:on the:demised`premtses "-_ -.•`i ^v ._' .' i • . '• .f .. - - fes � • 20. If'during the existence •of this lease,agreeiment, the whole:or. - '. ,-. any part of the property over which the Town has possession'and`control r >_ shall betaken as a result fothe exercise of,eminent,dm oain, the interests ofthe_Twn-and the Homecshall beadjudicated.and deternnedas provided, E X7 bby iaw e'its. ,:. • •; ' C F .1,< ., +'t r`'. 21 If, within thirtydays after.July 1, 1964, eith,teer pasty to•this , agreement shall not be-satisfied with the price of 3 cents per;1000 agaiJons . i. for water,!the4.partydeairing an increase or decrease in the rate, shall •notify the•;other'party in:writing of its desire to•enter.'into negotiations - re•specting a fair•and proper rate to•be charged•for the water. In the , r , ,eventt the Horne and Town'shall fail to agree••on a new rate within sixty ... ps _ .I.. 77 +4• 7.`:(..):7 •dal.ys.from•the date such notice ia•-given, =e.iceb party`hereto shat; within `g, _ ., ` • ten days,select and•appoint one arbitrator to consider"and report as to- : j theyproperrrate that should be charged:for•the svatcr, 'but shbuld'the two ` '•` rt: arbitrators laihto;•a'rriveatan;agreement as ta.`the;rate �.ithin thirty7.•`t . < 7„Y `• days; ,they'shall; not"lutes•than,ten,days-after,the expiration of thirty' :� '•- ' -f _ • days after•their appointment,select a third person to act with them, and the -- -__ .;:- ,.- three persons so eciected,ccDnstituting a,,Board of i\rbitration,- sbba11 { within thirty days ;from'the date'of the-appointrrent of the third•arbitrator, t. • a submitrto`the•Hdorne anthe+Town•-their-'reportwhi , ch; if agreed to by' . ” majority of the Board, shall be binding.upon bath the• Home and the Town . • andlshall be final'-`-Any new ratefixedby negotiations-betweee the parties • . • 7 •• -• hes. 'retoor by:arbitratiori•shall`be:effective beginning•July 1, 1964 and ,- ' '' ° shall continue-in effect unless'changed•by later;negotiations-or,arbitratian • as heretnafterprovided r:•Within thirty days after the lit day of^July, - ]968, and-_within thirty'days aft•e •r<trie•l st day of every four years there- after:�,the' rats;•to'b7.e charg3. ed for.viAter pumped from the well nay• be : .•• fixed by+negotiation or arbitration in the•rnanner and;method herein ;. . rt: 2. provided for,changir►g'the'rate,for•the four 'Oct,year' od commencing the -7•-;.;:fiir,day of-'July;:196 •••Int no event•shall.the• arbitrators"have authority to ' F• reduce the annual`min imamtchaige,.of $500, 00,as herein provided ' No?, • < '' ' .ofit'cer`or en-ployee of the Homeior Town shalla e eligible•to act.ae•an . arbitralori r _ ` ' ' { X22: The'Town shall not have the righf to sell,.transfer''or assign _ this agreeirient-or any rights or'interests therein ' , • ' `:= 23. Them.Fiome shall proceed with reasonable dispatch to institute as• - c•omplete~a suit in'the.Circuit Court of Loudoun'County,': Vr. irginia4 . ... . g for its ouipose the confirmation'and-ratification of this'agreement by en L v'. - * said'a ' ement'°shall not-become effective until, ,. ti order,of the Court, and gref. 1. - < r -...t./j:-:.•,.;, �y- _ ;. ,'r n See O r ?. • • 'Y ll 4 1 ,� • a .�/- ratified a�iid appznved bysaid_Court " ' - . ,r- Y _ 1 _ i� I_ • The Trustees of Margaret"Paxton M•emorial for Convalescent ' -•, ±, Children, as evidenced by their signature's hereto,ragree to-M' the term9i s; _ i ti provisions, covenants and conditions contained in•this agreement Executed in'duplicate,t'once copy Bing held by the=Town of Leeshr 5uF tr. TY •-, h• „S, u g,.. . L.'S • ; • in Virginia, and the other copy by Margaret Paxton,Memorial for a Convalescent Children .- 1 z - )i 4 ..I• a G, I „ • T def 1 F i. • 1 .S i • ' 17. N WITNESS•WHEREQF;. the Townof Leesburg, -in Virginia, has • •]. ay ,,; r r: L. IL .V _ fl. ! f Fa t caused+this'lease agreement to signed and acknowledged in Its corporate l , _ name by:•Pr irk Rafio, tts Mayor:,'and its'corporate l sealfto,be tato, ..,„:,..•••:- . '1 ' • affixed etk' attested by H.; Frederick 'mang, rte Recorder, and,the•Margaret, - ,. s Paxton Memorial for Convalescent Children his'caused-said.lease agree- went to bo signed:and•acknowledged,In• its corporate name by William J. Cox, its'.President,:-and,ite corpora-. te seal to•be'affixed and attested by a • Leonora P. Nalle;.'its Secretary,:all of the aforesaid officers of the Town ' and Home:being thereunto duly authorized so to act Town•:'-',-of Leesburg, in • Virginia, { { .•. r r sThe . i. ' a Munlelpa Corporation' ' • • Affixedl and Attested -1 .v ' Recorder �' - -. 4 • - -" Margaret Paxton'Memorial For ••'j Convalescentt'Children, -a Virginia" t Corporation:. . • (( .SEAL )) ,' •By p- h • Affixed•)arid Attested' 1 .President, , : E„ :,..i., - r • F t Secretary" . `(SEAL) - ., :::8:4:!r:"'.'' „ f B ; H Bratney _ x % ` • .- •..i.1;::277-67; .' .I -'•(SEAL) john'W., Clemens ; 1, f �•�] - ,, ,r. • -William J:,Cox • "1 -. • r-.,.t ° ', - ' '1'. ~TrJu'stees:of: Mar ret Paxton.Memori alt ''-ForConvalesent Children:: j; r.: • - _ .