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HomeMy Public PortalAbout1963_09_02SPEC Minutes of a Special Meeting of the Leesburg Town Council , September 2, 1963. 2 9 An organizational meeting of the Leesburg Town Council was held on Septem- ber 2, 1963 at 3:00 P.M. The Mayor, Kenneth Rollins, called the meeting to order. Councilmen present were C. A. English Cole, Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. In the absence of the Clerk of the Council, the Mayor appointed Mrs. Betty Schelhorn Clerk Pro-Tem. The Mayor appointed a Credentials Committee consisting of Councilmen Dodd, Orr and Pumphrey. Councilman Orr was appointed Chairman of the Committee. The following is their report : WHEREAS, in accordance with instructions of this body, We, the Credentials Committee of the Town of Leesburg, have examined the certification of election supplied by the Commissioners of Elec- tion for the municipal election held for the Town bf Leesburg on the 11th of June 1963 and have found it to be properly signed and attested to and have further found that it declares the following persons are duly qualified and elected to the Council of the Town of Leesburg: Kenneth Rollins was elected Mayor to serve for a term of two years beginning September 1 , 1963, and the following as Councilmen: Robert A. Orr, Maurice R. Lowenbach and C; A. Eng- lish Cole for a term of four years beginning September 1, 1963; C.. Grey Dodd, John W. Pumphrey and C. Maloy Fishback for a term OP of two years beginning September 1, 1963. AND WHEREAS, We, the Credentials Committee for the Council of CC the Town of Leesburg, have further found that each of the above CC elected officials have sworn and subscribed to the oath of office, therefore We, the Credentials Committee, arise and move the adop- tion of this report. Councilman Pumphrey moved and it was seconded that the Credentials Committee report be accepted. Upon motion duly seconded, the following appointments were made: . TOWN MANAGER: James W. Ritter, Jr. ' ' Term of Office: Indefinite. Salary: ' $9,500.00 per year. POLICE JUSTICE: Albert F. Anderson Term of Office : Indefinite. Salary: $600.00 per year, payable quarterly. SUBSTITUTE POLICE JUSTICE: Kenneth B. Rollins Term of Office: Indefinite. Salary: None. CLERK OF THE COUNCIL and Dorothy B. Rosen CLERK OF POLICE COURT: Term of Office: Indefinite. Salary: $3,600.00 per year. TOWN ATTORNEY: George M. Martin • Term of Office: Indefinite. Salary: $1,200.00 per year, payable quarterly. ZONING ADMINISTRATOR: Robert C. Forbes Term of Office: Indefinite. Salary: $6,250.00 per year. ISSUING JUSTICE: Mrs. Frances Hardy Term of Office: Indefinite. Compensation: The said Issuing Justice shall retain the fees for per- forming the services of an Issuing Justice in the same amount as is per- • mitted 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 her duties, take the oath prescribed by law and give bond in the amount of Five Hundred Dollars ($500.00) , with approved corporate surety, payable to the Town of Leesburg, in Virginia, and conditioned upon the faithful performance of the duties of Issuing Justice. ` September 2, 1963 Meeting. MAYOR PRO TEM: Robert A. Orr Term of Office: Indefinite. Salary : None. Mayor Rollins stated that the Town Manager appoints the Town Treasurer,' how- ever, the appointment of Commissioner of Revenue is made with the advice and con- sent of the Council, as provided for in Section 7-1 of the .Charter. It was the feeling of the members present that these two positions be combined into one for the time being. Upon motion, duly seconded, George E. Ward was appointed to the position of Treasurer and Commissioner of Revenue. The time of the meetings was discussed and it was decided that the second and fourth Monday nights of each month at 7:30 P.M. would be regular meeting nights for the Council. RULES OF THE COUNCIL: Mayor Rollins stated that Council should adhere to Robert 's Rules of Order, however, the Council may, at various times, want to change them as they see fit. Upon motion,• duly seconded, this action was adopted by the Council. Mayor Rollins stated that the Council Agenda is prepared in the Manager 's Office on Thursday prior to the regular meeting on Monday and that it is neces- sary that all resolutions be in the Manager's Office by 5 :00 P.M. on Thursday be- : fore the meeting. The Mayor further stated that this does not prevent a resolu- tion being brought before the Council at their regular meeting. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the follow ing resolutions were adopted: RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNT IN- THE NAME "TOWN OF LEESBURG, VIRGINIA" I, the undersigned, hereby certify to The Peoples National Bank of Leesburg, Leesburg, Virginia, that I am Clerk of the Council of the Town of Leesburg, in Virginia, a municipal corporation chartered by an Act of the General Assembly of Virginia; that the following is a true copy of resolutions duly adopted in accordance with law by the Council of said Town at a meeting held in Council Chambers the 2nd day of September, 1963, and that such resolutions have not been re- scinded or modified: BE IT RESOLVED, that The Peoples National Bank of Leesburg, Lees- burg, Virginia, is hereby designated as a depository of the Town of Leesburg, in Virginia, and that a checking account shall be maintained in said Bank in the name "Town of Leesburg, Virginia." BE IT FURTHER RESOLVED, that checks, drafts, bills of exchange, acceptances or other orders for the payment of money from said ac- count shall be signed, on behalf of this Town and in its name, by any two of the following officers, namely, the Town•Manager, Treas- • urer and Clerk of the Council. BE IT FURTHER RESOLVED, that the Treasurer 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 account or for collection by said Bank; however, the endorsement of such instruments may be made by rubber stamp endorsement containing the name of this Town without signa- ture, or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to the said account ; to accept drafts, acceptances and other instruments payable at said Bank; to waive demand, protest and notice of protest or dis- honor of any check, note, bill of exchange, draft or other instruments made, drawh or endorsed on behalf of this Town. However, strict com- pliance as to the words "Town Manager", "Treasurer" or "Clerk of the Council" 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. September 2, 1963 Meeting. - " I BE IT 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 reso- lutions, even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the indi- vidual obligation of any such officer, or for deposit to his personal account, and said Bank shall not be required, or be under any obliga- tion to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with these resolutions, or the appli- cation and -disposition of such instrument , or the proceeds thereof. ' - BE IT FURTHER RESOLVED, that. The Peoples National Bank of Lees- burg, Leesburg, Virginia, is hereby relieved of and discharged. from any and all liability by reason of the payment of checks, drafts, notes, bills of exchange, acceptances, or other orders that have heretofore been charged against the account of this Town 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 the acceptance of any checks, bills of exchange, or other instruments that have here- tofore been deposited to the account of this Town with said Bank, regardless of the endorsement thereon and the manner in which such endorsements were made. N BE IT FURTHER RESOLVED, that the Clerk of the Council shall �= certify to said Bank, the names and signatures of the presently duly qualified and acting Town Manager, Treasurer and Clerk of the Council of this Town, and the Clerk of the Council shall , from time to time hereafter as changes in the personnel of said officers are made, certify such changes to the Bank, and the Bank shall be fully protected in relying on such certifications of the Clerk of the Council, 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 certified, or in refusing ` to honor any signature not so certified, 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 Council of this Town prior to September 2, 1963, for the- designa- tion of said Bank as depository for the account .maintained in said Bank in- the name "Town of Leesburg, Virginia", authorizing the sign- ing of instruments for the withdrawal of money from the account of this Town in said Bank, and for the endorsement of instruments for deposit to the account of this Town in said Bank, be and the same are hereby revoked and rescinded. BE IT FURTHER RESOLVED, that. the foregoing resolutions shall in no manner affect or invalidate the resolutions adopted by the Council of the Town on the 2nd day of September, 1963, designating The Peoples National Bank of Leesburg, Leesburg, Virginia, as a depository for the account maintained in the name "Town of Lees- • burg, Virginia, Police Court". - BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon the foregoing resolutions from and after the date of their adoption, and that the foregoing reso- lutions shall remain in full force and effect until written notice / of their amendment or rescission shall have been received and ac- knowledged by said Bank, and that receipt of any such notice shall not'- affect any action taken by said Bank prior thereto. .BE IT ALSO RESOLVED, that the Clerk of the Council 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 Ordi- nances of this Town, and the laws of the State of Virginia. � 2 September 2, 1963 Meeting. I, the undersigned, further certify. that the Council of the Town of Leesburg, in Virginia, 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 presently duly qualified and acting Town Manager, Treasurer and Clerk of• the Council of said Town are as follows: • Office : Name : Official Signature: Town Manager James W. Ritter , Jr. Treasurer . George E. Ward Clerk of the Council Dorothy B. Rosen IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia, by direc- tion of the Council, this 2nd day of September, 1963. Clerk of the Council of the Town of Leesburg, in Virginia ( (SEAL)) RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNT IN THE NAME "TOWN OF LEESBURG, VIRGINIA" I, the undersigned, hereby certify to The Loudoun National. Bank of Leesburg, Leesburg, Virginia, that I am Clerk of the Council of . the Town of Leesburg, in Virginia, a municipal corporation chartered by an Act of the General Assembly of Virginia; that the following is a true copy of resolutions duly adopted in accordance with law by the Council of said Town at a meeting held in Council Chambers the 2nd day of September , 1963, and that such resolutions have not been rescinded or modified : BE IT RESOLVED, that The Loudoun National Bank of Leesburg, Leesburg, Virginia, is hereby designated as a depository of the Town of Leesburg, in Virginia, and that a checking account shall be main- tained in said Bank in. the name , !'Town of Leesburg, Virginia, Sewer Debt Fund". BE IT FURTHER RESOLVED, that checks, drafts, bills of exchange, acceptances or other orders for the. payment of money from said ac- counts shall be signed, on behalf of this Town and in its name, by any two of the following officers, namely, the Town Manager , Treas- urer and Clerk of the Council. BE IT. FURTHER RESOLVED, that the Treasurer is hereby authorized, • on behalf of this Town and in its name, to endorse checks, bills, cer- tificates of deposit or other instruments owned or held by this. Town, for deposit in said account or for collection by said Bank; however, the endorsement of such instruments may be made by rubber stamp en- dorsement 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 account; to accept drafts, acceptances and other instruments payable at said Bank; to waive demand, protest and notice of protest or dishonor of any check, note, bill of exchange, draft or other instruments made, drawn or endorsed on behalf of this Town. However, strict compliance as to the words "Town Manager", "Treasurer" or "Clerk of the Council" appearing after the names of said officers on any of said instru- ments for the payment of money from said checking account shall not be required. BE IT FURTHER RESOLVED, that The Loudoun National Bank of Lees- burg, Leesburg, Virginia, is hereby authorized to honor, receive, certify, or pay all instruments signed in accordance with these reso- • lutions, even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the indi- September 2, 1963 Meeting. 2 1 3 • vidual obligation of any such officer, or for deposit to his per- sonal 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 there- of. BE IT FURTHER RESOLVED, that The Loudoun National Bank of Lees- burg, Leesburg, Virginia, is hereby relieved of and discharged from any and all liability by reason of the payment of checks, drafts, notes, bills of exchange, acceptances, or other orders that have heretofore been charged against the account of this Town 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 the acceptance of any checks_, bills of exchange, or other instruments that have hereto- fore been deposited to the account of this Town with said Bank, re- gardless of the endorsement thereon and the manner in which such en- dorsements were made. • BE IT FURTHER RESOLVED, that the Clerk of the Council shall cer- tify to said Bank, the names and signatures of the presently duly qualified- and acting Town Manager, Treasurer and Clerk of the Council 00 of this Town, and the Clerk of the Council shall, from time to time hereafter as changes in the personnel of said officers are made, cer- tify such changes to the Bank, and the Bank shall be fully protected. L-.. S in relying on .such certifications of the Clerk of the Council and Z 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 certified, or in refusing to honor any signature not so certified, or in refusing to honor any signa- ture which may be replaced through changes made by any such certifi- cation. BE IT FURTHER RESOLVED, that all resolutions adopted by the ' Council of this Town prior to September 2, 1963, for the designation of said Bank as depository for the account maintained in' said Bank in .the name "Town of Leesburg, Virginia, Sewer Debt Fund" authoriz- • ing the signing of instruments for the withdrawal of money from the accounts of this Town in said Bank and for the endorsement of instru- ments for deposit to the accounts of this Town in said Bank, be and the same are hereby revoked and rescinded. BE IT FURTHER RESOLVED, that the foregoing resolutions shall in no manner effect or invalidate the resolutions adopted by the Council of the Town on the 26th day of August 1963, with respect to funds transferred to the Leesburg Airport Commission by resolution as afore • - said deposited in The Loudoun National Bank of Leesburg, Leesburg, Virginia, designated as a depository for the account maintained in the name of "Leesburg Airport Commission Account No. 2" by resolution of the Airport Commission, dated August 27, 1963, said account subject to withdrawal of funds on the signatures of George P. Hammerly, Chair- • man, and Stanley F. Caulkins, Secretary-Treasurer , of the said Airport Commission. BE IT FURTHER RESOLVED, that_ said Bank is hereby authorized and directed to rely and act upon the foregoing resolutions from and after the date of their adoption, and that the foregoing resolutions shall remain in full force and effect until written notice of their amend- ment or rescission shall have been received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. BE IT ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed to certifi to The Loudoun National Bank of Leesburg, Leesburg, Virginia, the foregoing resolutions; that the provisions thereof are in conformity with the Charter and Ordinances of this Town, and the laws of the State of' Virginia. September 2, 1963 Meeting. I, the undersigned, further certify that the Council of the Town of Leesburg, in Virginia, 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 presently duly qualified and acting Town Manager, Treasurer and Clerk of the Council of said Town are as follows: Office': Name : Official Signature : Town Manager James W. Ritter, Jr. ' Treasurer George E. Ward Clerk of the Council Dorothy B. Rosen IN WITNESS WHEREOF, I have hereunto subscribed my name and af- fixed the seal of the Town of Leesburg, in Virginia, by direction of the Council, this 2nd day of September, 1963. Clerk of the Council of the Town of Leesburg, in Virginia ( (SEAL) ) ESCROW AGREEMENT BETWEEN THE TOWN OF LEESBURG, IN VIRGINIA, AND THE LOUDOUN NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA AGREEMENT, made this 2nd day of September , 1963, between the Town of Leesburg, in Virginia, a municipal corporation chartered by Act of the General Assembly of Virginia, hereinafter called the "De- positor"; The Loudoun National Bank of Leesburg, Leesburg, Virginia, a banking corporation, hereinafter called the "Depository"; and The Peoples 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 re- ceipts have been or will be given. NOW, THEREFORE, THIS AGREEMENT WITNESSETH as follows: 1. That the Escrow Agent shall permit the Depository to with- draw; substitute, exchange, or add to the securities held hereunder , with the consent 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 se- curities 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 Depositor; and the Depositor shall have the right to sell , transfer and deliver all or any part of such securi- ties 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 securities delivered, shall be relieved of any further liability. 4. The Escrow Agent shall have no responsibility as to the va- lidity or value of any security deposited hereunder. 5. In the event of disagreement or conflicting demands, the Es- crow Agent shall incur no liability in refusing to make delivery or other disposition of the property held hereunder unless and until the rights of the adverse claimants have been finally determined by a Court of competent jurisdiction. September 2, 1963 Meeting. 21 5 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 here- under; and it shall incur no liability and shall be fully protected in acting in accordance with the opinion and instructions 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- per- formance of its duties hereunder. 8. It is understood and agreed that the Depository may, by giv- ing ten days notice in writing to the Depositor, require it to with, draw all deposits from the Depository. Upon the withdrawal by the Depositor of all deposits from the Depository, the Escrow Agent shall return to the Depository all the securities pledged under this agree- ment, and upon taking a receipt from the Depository for such securi- ties delivered, the Escrow Agent shall be relieved of any further liability. - It is agreed by and between The Loudoun National Bank of Lees- 00 Cr: burg, Leesburg, Virginia, and the Town of Leesburg, in Virginia, that Uge all Escrow agreements dated prior to: September 2, 1963, providing for (_T the deposit of securities by The Loudoun National Bank of Leesburg, CC Leesburg, Virginia, with The Peoples National Bank of Leesburg, Lees- CC burg, Virginia, as Escrow Agent, to secure funds deposited by the Town of Leesburg, in .Virginia, in The Loudoun National Bank of Lees- burg, Leesburg, Virginia, are hereby revoked and rescinded. This agreement is executed in triplicate, one copy to be held by the' Depositor, another copy to be held by the Depository, and the other copy to be held 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 Kenneth Rollins, its Mayor, and its corporate seal to be hereto affixed and attested by Dorothy B. Rosen, Clerk of the Council, and The Loudoun National Bank of Leesburg, Leesburg, Virginia, a banking .corporation, has caused this writing to be executed in its corporate name by R. K. Gheen, its Executive Vice-President, and its corporate seal to be hereto. affixed and attested by James A. Pierpoint, Jr. , its Cashier, the aforesaid officers being thereunto duly author- ized, all as of the day, month and year first hereinbefore written. • THETOWN OF LEESBURG, IN VIRGINIA ((SEAL) ) By: Mayor Affixed and Attested: • By Clerk of the Council THE LOUDOUN NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA ( (SEAL) ) By Executive Vice-President Affixed and Attested: By Cashier Accepted this day of September, 1963 THE PEOPLES NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA By President 2 i-6 September 2, 1963 Meeting. • ESCROW AGREEMENT BETWEEN THE TOWN OF LEESBURG, IN VIRGINIA, AND THE PEOPLES NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA AGREEMENT, made this 2nd day of September, 1963, between The Town of Leesburg, in Virginia, a municipal corporation chartered •by Act of the General Assembly of Virginia, hereinafter called the "Depositor"; The Peoples National Bank of Leesburg, Leesburg, Virginia, a banking corporation, hereinafter called the "Depository"; and The Loudoun Nat- ional 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 re- ceipts have been or will be given. • NOW, THEREFORE, THIS AGREEMENT WITNESSETH as follows: 1. That the Escrow Agent shall permit the Depository to with- draw, substitute , exchange, or add to the securities held hereunder, with the consent 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 securi- ties held hereunder shall be paid over to the Depository. • 3. If the Depository shall failrto 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 Depositor; and the Depositor shall have the right to sell, transfer and deliver all or any part of such se- curities 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 securities delivered, shall be relieved of any further liability. 4. The Escrow Agent shall have no responsibility as to the va- lidity or value of any security deposited hereunder. • 5. In the event of disagreement or conflicting demands, the Escrow Agent shall incur no liability in refusing to make delivery or other disposition of the property held hereunder unless and until the rights of the adverse 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 shall incur no liability and shall be fully protected in act- ing in accordance with the opinion and instructions 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 per- formance of its duties hereunder. 8. It is understood and agreed that the Depository may, by giv- ing ten days notice in writing to the Depositor, require it to with- draw all deposits from the Depository. Upon the withdrawal by the De- positor of all deposits from the Depository, the Escrow Agent shall return to the Depository all the securities pledged under this agree- ment, and upon taking a receipt from the Depository for such securi- ties delivered, the Escrow Agent shall be relieved of any further liability. It is agreed by and between The Peoples National Bank of Lees- burg, Leesburg, Virginia, and the Town of Leesburg, in Virginia, that all Escrow agreements dated prior to September 2, 1963, providing for September 2, 1963 Meeting. 2 1 7 the deposit of securities by The Peoples National Bank of Leesburg, Leesburg, Virginia, with The Loudoun National Bank of Leesburg, Lees- burg, Virginia, as Escrow Agent , to secure funds deposited by the Town of Leesburg, in Virginia, in The Peoples National Bank of Lees- burg, Virginia, are hereby revoked and rescinded. This agreement is executed in triplicate, one copy to be held by the Depositor, another copy to be held by the Depository, and the other copy to be held 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 Kenneth Rollins, its Mayor, and its corporate seal to be hereto affixed and attested by Dorothy B. Rosen, Clerk of the Council, and The Peoples National Bank of Leesburg, Leesburg, Vir- ginia, a banking corporation, has caused this writing to be executed in its corporate name by Bruce McIntosh, its President, and its cor- porate seal to be hereto affixed and attested by Arthur S. Jenkins, its Cashier, the aforesaid officers being thereunto duly authorized, all as of the day', month and year first hereinbefore written. THE TOWN OF LEESBURG, IN VIRGINIA 00 ((SEAL)) By Cr: Mayor Affixed and Attested : CC CG By Clerk of the Council THE PEOPLES NATIONAL BANK OF • LEESBURG, LEESBURG, VIRGINIA ( (SEAL)) By President Affixed and Attested : By Cashier Accepted this day of September, 1,963 THE LOUDOUN. NATIONAL BANK OF LEESBURG, • LEESBURG, VIRGINIA By Executive Vice-President RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNT IN THE NAME "TOWN OF LEESBURG, VIRGINIA, POLICE COURT". I, the undersigned, hereby certify to The Peoples National Bank of Leesburg, Leesburg, Virginia, that I am Clerk of the Council of the Town of Leesburg, in Virginia, a municipal corporation chartered by an Act of the General Assemblyof .Virginia; that _the following is a true copy of resolutions duly adopted in accordance with law by the Council of said Town at a meeting held in Council chambers on the 2nd day of September, 1963, and that such resolutions have not been re- scinded or modified. BE IT RESOLVED, that The Peoples National Bank of Leesburg, Lees- burg, Virginia, is hereby designated as a depository of the Town of Leesburg, in Virginia, and that a checking account be maintained in said Bank in the name "Town of Leesburg, Virginia, Police Court", and - that the Clerk of said Court is hereby authorized to sign and the Po- lice Justice or the Substitute Police Justice is authorized to counter- sign checks, drafts and other instruments for .the payment of money from 2 V'S September 2, 1963 Meeting. • the account "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 endorse- ' ment containing the name "Town of Leesburg, Virginia, Police Court", without signature or by the endorsement of any person by such writ- ing as to designate that the instrument is intended to be credited to said checking account ; to accept drafts, acceptances and other instruments payable at said Bank; to waive demand, protest , and no- tice of protest, or dishonor of any check, bill of exchange , or other instrument made, drawn or endorsed on behalf of this Town. However, strict compliance as to the words "Police Justice", "Substitute Po- lice 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. BE IT 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 reso- lutions, 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 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, is hereby relieved of, and discharged from, any and all liability by reason of the payment of checks, drafts or other instruments that have heretofore been charged against the ac- count 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 dis- . charged from any and all liability by reason of the acceptance of any checks, bills of exchange, drafts, or other instruments that have heretofore been deposited to said checking account with said Bank, regardless of the endorsement thereon and the manner in which such endorsements were made. • BE IT FURTHER RESOLVED, that the Clerk of the Council of this Town shall certify to said Bank the names and signatures of the pres- ently appointed and duly qualified Police Justice, Substitute Police Justice, Clerk of said Court and Clerk of the Council of this Town, and the Clerk of the Council shall, from time to time hereafter , as changes in the personnel of said officers are made, immediately certify such changes to the Bank, and the Bank shall be fully protected in relying upon such certifications of the Clerk of the Council and shall be indemnified and saved harmless from any claims, demands, expenses, loss or damage resulting from, or growing out of, honoring the signa- ture of any officer so certified, or in refusing to honor any signa- ture not so certified, 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 Coun- cil of this Town prior to September 2, 1963, designating 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 revoked and rescinded. - BE IT FURTHER RESOLVED, that the foregoing resolutions shall in no manner affect or invalidate the resolutions adopted by the Council of this Town of September 2, 1963, designating The Peoples National Bank of Leesburg, Leesburg, Virginia, as a depository for the checking account maintained in said Bank in the name "Town of Leesburg, Vir- ginia, " and authorizing the signing of instruments for the withdrawal of money from said account and the endorsement of instruments for de- posit to said account. 219 September 2, 1963 Meeting. • ' BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon the foregoing resolutions from and after the date of their adoption, and that the foregoing resolutions shall remain in full force and effect until written notice of their amend- ment or rescission shall have been received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. BE IT ALSO RESOLVED, that the Clerk of the Council 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 Ordinances of this Town, and the laws of the State of Virginia. I, the undersigned, further certify that the Council of the Town of Leesburg, in Virginia, 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 presently duly qualified and acting Police Justice, Substitute Police Justice, Clerk of Court and Clerk of the Council of said Town are as 00 follows: i� Office : Name: Official Signature : CC Police Justice Albert F. Anderson CC Substitute Police Justice Kenneth B. Rollins Clerk of Court Dorothy B. Rosen Clerk of the Council Dorothy B. Rosen IN WITNESS WHEREOF , I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia,- by direction of the Coun- cil, this day of September, 1963. Clerk of the Council of The Town of Leesburg, in Virginia ( (SEAL) ) Upon motion of Councilman Cole, seconded by Councilman Lowenbach, it was moved that the Clerk of the Council and the Town Manager be bonded in the same amount as the Town Treasurer, who is bonded for 820,000.00, the Manager to be bonded to the Town, and the Clerk and the Treasurer to be bonded to the Town Manager, and to the Town of Leesburg. (Corrected by minutes of Sept. 9, 1963. ) The Mayor presented a list of committees, whose members are to elect their own Chairman. The committees are xas follows : UTILITY COMMITTEE • This committee shall have jurisdiction over all matters relating to water and sewer. • Members: Maurice Lowenbach • Maloy Fishback • Grey Dodd FINANCE COMMITTEE This committee shall have jurisdiction over all matters concerning the Town 's finances, including the budget, taxation and utility rates. • Members: English Cole Robert A. Orr Maurice R. Lowenbach 220 September 2, 1963 Meeting. PUBLIC WORKS COMMITTEE This committee shall have jurisdiction over traffic , streets, sidewalks, trash and Town property, including Town office. Members: Grey Dodd Maloy Fishback Jock Pumphrey LAWS AND ADMINISTRATION COMMITTEE This committee shall have jurisdiction over all ordinances connected with the Town 's welfare not covered by any other com- mittee, zoning matters, employees and litigation. Members: Robert A. Orr English Cole Jock Pumphrey • Mayor Rollins informed the Council that Mr. John R. Williams, of Johnson and Williams, Consulting Engineers, will be present at the meeting on September 9, 1963 and will explain to the Council the report on the study that they have prepared for the Town on the proposed sewage treatment facilities. Councilman Orr stated that the Public Works Committee should investigate the traffic situation at the corner of-Loudoun and Ayr Streets inasmuch as there is a potential danger to the lives of citizens, and especially of child- ren going to and from school. The Mayor stated that Mr. Bozel should be con- tacted about the situation and the Committee of Public Works will look into the matter. ( The following resolution was presented by Councilman Cole : BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia, that what is known as the Airport Commission consisting of George P. Hammerly, Stanley F. Caulkins and M. R. Lowenbach, heretofore ap- pointed by the Council of the Town of Leesburg, be, and the same is hereby abolished forthwith and any powers of the said Commission be, and the same are hereby forthwith annulled and rescinded; and, BE IT FURTHER RESOLVED that the Resolution and Order creating the said Airport Commission as aforesaid be repealed, rescinded and an- nulled forthwith; and, BE IT FURTHER RESOLVED that the Airport Commission be , and they are hereby directed to immediately turn over any funds derived from the sale of any Bonds; together with any other funds in their hands, relative to the construction of an Airport, to George E. Ward, Treas- urer of the Town of Leesburg, who shall forthwith deposit the funds in a special account in The Loudoun National Bank of Leesburg, Lees- . burg, Virginia, which funds shall only be subject to withdrawal at the direction of the Council of the Town of Leesburg; and, BE IT FURTHER RESOLVED that the said Airport Commission consisting of George P. Hammerly, Stanley F. Caulkins and M. R. Lowenbach shall turn over any contracts and any other papers and correspondence per- taining to said Airport , and any correspondence with Arthur Godfrey or the Godfrey Foundation or the representative of Arthur Godfrey, and a statement of any expenditures and a statement of their acts and doings to the Council of the Town of Leesburg forthwith; and, BE IT FURTHER RESOLVED that James W. Ritter, Town Manager , shall I forthwith deliver. a copy of this resolution to George P. Hammerly, Stanley F. Caulkins and M. R. Lowenbach, members of what is gene- rally known as the Airport Commission of the Town of Leesburg, and also deliver a copy of this resolution to The Loudoun National Bank of Leesburg, Leesburg, Virginia, and a copy to George E. Ward, Treas- urer of the Town of Leesburg. BE IT FURTHER RESOLVED that this enactment be effective upon adoption. 221 September 2, 1963 Meeting. After much discussion, Councilman Orr moved that the Town Attorney start proceedings to stop all actions of the present Airport Commission until the Council has had a chance to talk with the Airport Commission at a special meet- ing to 'be held on Wednesday night, September 4, 1963 at 7:30 P.M. All present voted Yes, except for Councilman Cole, who voted No. There being no further business, the meeting adjourned with the general consent of the Council. (eivi3irret:// Mayor Clerk of t e Council Pro-Tem . Minutes of a Special Meeting of the Leesburg Town Council, September 4, 1963. A special meeting of the Leesburg Town Council was held in the Council 00 Chambers, Leesburg, Virginia on September 4, 1963. r- Mayor Kenneth' Rollins called the meeting to order at 7:30 P.M. Council- C_' men present were : C. A. English Cole, C. Grey Dodd, C. Haloy Fishback, Maurice C R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. Also present were Town CC Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Mayor Rollins explained that the purpose of this meeting was to ask the Chairman of the Airport Commission to explain what has gone on during the pre- vious two years in regard to the Airport matter. Councilman Lowenbach asked that the members of the Airport Commission be heard without interruption, that the Council members jot down any questions they might have and hold them until the members of the Commission have finished their report. With the general consent of the Council, this was agreed upon. Mr. George P. Hammerly gave a lengthy and rather complete report on the Airport matter from its very beginning. Mr. Stanley F. Caulkins presented the financial aspect of the Airport Commission. Council then recessed for a period of five minutes and was called back into session at 9:00 P.M. Members of Council at this time asked many questions of Mr. Hammerly and Mr. Caulkins. All proceedings from the beginning of Mr. Hammerly's report to ' the end of the question and answer period have been taped and this tape is in the hands of Mr. R. K. Gheen at The Loudoun National Bank. Mayor Rollins stated that the past Council had passed the budget for the fiscal year 1963-1964 and asked that any member of Council wishing any changes • in same please contact the finance committee as soon as possible. There being no further business to come before this meeting, it was ad- journed with general consent at 10:05 P.M. 0.21:60// Mayor " Clerk of the ouncil