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