HomeMy Public PortalAbout1963_09_09 2 2 2
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 9; 1963. •
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia, on September 9, 1963. Mayor Kenneth Rollins
called the meeting to order at 7:30 P.M. Councilmen present were: C. A.
English Cole, .C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. ,
Robert A. Orr and John W. Pumphrey. Also present were Town Manager James
W. Ritter , Jr. and Town Attorney George M. Martin.
The minutes of a special meeting of September 2, '1963 and a special meet-
ing of September 4, 1963 were approved with the general consent of the Council, .
with the following correction to the minutes of September 2, 1963:
Insert at end' of Paragraph 7 on Page 219: "and to the Town of Leesburg."
Councilman Lowenbach brought to the attention of the Council the fact
that the action taken by the Council at its regular meeting on August 26, 1963
with regard to the rezoning of the John Allen Johnston tract was invalid since
it was not properly advertised beforehand. This fact was also found true in
regard to the public hearing to be held at this time on the rezoning of the
Armel H. Heileman tract and this hearing was postponed until the proper adver-
tisement could be sad.
Mr. Carleton Penn, Attorney representing Loudoun Properties, Inc. , pre-
sented a request to the Council to move the sanitary landfill operations of
the Town to the east end of the tract and on land formerly used by Howard Speaks.
After general discussion, it was decided that this request would be granted.
The Town Manager requested that the Utility 'Committee meet and discuss
the matter of the rate to be charged for sewer service to the National Child-
rens Rehabilitation Center and report back to Council.
Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the
following resolution was unanimously adopted:
WHEREAS', the Council for the Town of Leesburg in Virginia caused
a notice of a public hearing to be published in the Loudoun Times-
Mirror on August 15, 1963 and August 22, 1963 for said public hear-
ing to be held on August 26, 1963, and
WHEREAS, the date of public •hearing as advertised was not in accord-
ance with the provisions of Chapter 28, Section 15-961.4 of the Code
of Virginia, and any action taken with respect thereto was ineffect-
ive,
NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees-
burg, in .Virginia, that the Clerk of the Council be and she is here-
by authorized and directed to have inserted in The Loudoun Times-
Mirror on September 19, 1963 and September 26 , 1963 the following:
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PUBLIC NOTICE
Notice is hereby given that a Public Hearing will be held Ion Oc-
tober 3, 1963 at 7:30 P.M. , D.S.T. , by the Council for the Town •
of Leesburg, in Virginia, in its Council Chambers, 12 West Loudoun
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Street , Leesburg, Virginia, to consider the following applications:
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' (1) Armel H. Heileman, to have a parcel of land now zoned as a
ONE-FAMILY.,RESIDENCE DISTRICT rezoned to a GENERAL RESIDENCE DIS-
•TRICT. This'land lies on the West side of Lee Avenue and Phillips
.Property, bounded by the 'property of Dry Mill Road and Phillips on
the North, Lee Avenue and Phillips on the East , Wright on the South
• and Myers on the West, in the Town of Leesburg, Virginia, and con-
tains 14.4628 acres of land, more or less. Maps of this proposed
rezoning may be seen in the Leesburg Planning Office.
(2) John Allen Johnston, to have a parcel of land now zoned as
a ONE-FAMILY RESIDENCE DISTRICT rezoned to a TOWN HOUSE RESIDENCE
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DISTRICT. This land lies on the North side of State Route 7,
bounded by the properties of Dulin on the North, Fairview Street
on the East, State Route 7 on the South, and Stallings and Zeiler
223
September 9, 1963 Meeting.
on the West in the Town of Leesburg, Virginia, and contains 20.108
acres of land, more or less. Maps of this proposed rezoning may be
seen in the Leesburg Planning Office.
At this hearing all interested persons will be heard as to their
views pertinent to these applications.
KENNETH B. ROLLINS
MAYOR
TOWN OF LEESBURG
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Council of the Town of Leesburg, in Virginia,
that the Mayor and the Clerk of the Council are directed to authenti-
cate the following deed to the Loudoun County Hospital, Inc. , which
is executed pursuant to the contract of sale dated July 29, 1963:
. (Deed attached) .
Upon motion of Councilman Orr, seconded by Councilman Fishback, the fol-
00 lowing resolution was adopted by roll call vote. Voting Yeas were Councilmen
Cr;. Cole, Dodd, Fishback and Orr, voting Nays were .Councilmen Lowenbach and Pum-
N phrey.
CC BE IT RESOLVED by the Council of the Town .of .Leesburg that Section 4
CG of the Ordinance creating the Airport Authority, .dated-:August 13,
1962, be amended as follows :
The Airport.Authority shall have no power to enter into any binding
agreement with any other party, including legal aid, without the
prior approval and expressed consent of the Council of the Town
of Leesburg. Any such contract entered into without prior approval
of the Council of the Town of Leesburg shall be null and void.
The Chairman of the Airport Authority shall report its actions to
the Council on the fourth Monday of each and every month.
All records and correspondence of the Airport Authority shall be
kept in the Town Office of the Town of Leesburg. The Chairman of
said Authority shall have the privilege to photostat or otherwise
copy any of these records, so long as the original records do not
leave said Town Office.
Upon motion of Councilman Orr, seconded by Councilman Lowenbach, the fol-
lowing resolution was unanimously adopted by .roll call vote:
BE IT RESOLVED by the Council of the Town of Leesburg that Section
5 of the Ordinance creating the Airport Authority dated August. l3,
1962 be amended as follows:
The Secretary-Treasurer of the Airport Authority shall give a monthly
financial report to the Chairman of the Finance Committee of the
Council of the Town of Leesburg, which report shall include all ex-
. penditures and receipts by the Authority. for the previous month, and,
further , that the present cash balance be reported.
BE IT FURTHER RESOLVED that .an audit of the records of the Airport
Authority be accomplished without loss of time and this audit be
presented to the Chairman of the Finance Committee of the Town of
' Leesburg.
The Clerk of the Council was instructed to send a copy of each of the
above resolutions to Mr. George P. Hammerly and Mr. Stanley F. Caulkins, mem- j
bers of the Airport Commission.
The Mayor asked Mr. Lowenbach to ascertain if the Airport Commission could
furnish an audit and report back to the Council.
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September 9, 1963 Meeting.
Upon motion of Councilman Orr , seconded by Mayor Rollins, the following
was adopted by roll call vote:
' WHEREAS the wisdom and desirability of constructing a Municipal
Airport at this time for Leesburg is highly questionable, and
WHEREAS after hearing a report from the Airport Authority and
considering all pertinent facts regarding the proceedings dur-
ing the past year,
It is the consensus of this Council that proceedings have ad-
vanced to such a stage that any attempt to halt construction of
the airport at this late date would result in serious financial
loss to the Town of Leesburg, due mainly to the following facts:
FIRST - Contracts with the Federal Aviation Agency for
• . matching funds have already been approved and
• partial payment received by the Town.
SECOND - Contracts and commitments with Mr. Godfrey re-
quire that all money received from the sale of
• the old airport site be used only for another
airport or all money reverts to the Godfrey
Foundation.
THIRD - A contract has already been signed and awarded
to the E. E. Lyons Construction Company for •
• $268,000.00.
FOURTH:- Approximately $90,000.00 has already been spent
for land, engineering fees and legal fees.
FIFTH - Expensive litigation would inevitably result if
construction is halted.
Be it the further consensus of this Council that this Council can-
not in good faith prevent the construction of an airport and cause
the taxpayers to bear the heavy costs that would result, but it
wishes to state in clear and plain language that absolutely no
Town funds will be appropriated for the construction, maintenance
and operation of the airport now or during this administration.
We hope the airport can and will be an asset to the Town and Cbunty
and can assist in bringing in desirable industry to help relieve
our people from a heavy tax burden.
Councilman Lowenbach, speaking as a member of the Airport Commission, re-
ported that the Airport Commission had met yesterday and that Mr. Greve, Dis-
trict Airport Engineer for the Federal Aviation Agency, had instructed Mr. Lyons
of the E. E. Lyons Construction Company to proceed without further delay on
, the construction of the airport.
Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow-
ing Ordinance was unanimously adopted by roll call vote :
BE- IT ORDAINED AS FOLLOWS;
•
Sec. 12-8. Creation, maintenance, etc.
•
It shall be unlawful for any person to create, maintain or
permit to exist on his premises anything dangerous, offensive or
unhealthy, any nuisance , building, structure or addition thereto,
which by reason of dilapidation, defect of structure, or other
causes may have become dangerous to life or property or which may
- be erected contrary to law. •
•
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Sec. 12-9. Warrant--Issuance.
On complaint of any police officer or citizen of the munici-
•
pality, the proper officer shall issue a warrant summoning the
person responsible for the condition or situation which is in vio-
lation of section 12-8, on a date designated in such warrant.
225
September 9, 1963 Meeting. -
Sec. 12-10. Same--Procedure.
If, after trying a case upon .a warrant issued as provided in
section 12-9, the court shall find the defendant guilty of violat-
ing section 12-8, the court shall give the defendant a reasonable
time, not to exceed thirty days, in which to place his property in
such condition as will not involve a violation of section 12-8, and '
if, in the judgment of the court , the violation shall not be cor-
rected within the time prescribed in the judgment, the court shall
impose a fine of not less than five dollars nor more than twenty-
five dollars per day, such fine to commence at the expiration of
1 the time allowed in the judgment of the court for the correction
of the violation. If the defendant shall fail to comply with the
court 's judgment within thirty days after the fine commences to
run, then the court shall report such fact to the council and the •
council shall provide for correcting the condition in question.
The cost of such correction shall be paid by the municipality and
the defendant shall be liable to the municipality for the amount
expended by it in correcting the violation in question.
The Mayor declared the Council recessed at this time for a period of
five minutes.
00
Cr: Council was called back into session by Mayor Rollins at 9:05 P.M.
1"... -
L Mr. John Williams of Johnson and Williams, Consulting Engineers, presented
CC his report to Council on the study made by ,his -firm of the sewage treatment fa-
CC
cilities for the Town of Leesburg. After hearing this report , there was a
question and answer period. No action was taken upon this report.
c.—
The
The Mayor brought up the fact that the next regular meeting of. Council
will be on September 23rd, at which time he and several members of Council will
not be present and, on motion duly seconded, the regular meeting will be held
on Monday, September 30th at 7:30 P.M.
There being no further business, the meeting was adjourned with general
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consent at 10:05 P.M.
c'..- ' dr ee-eL)
A I
Mayor
/
Clerk of thCourt
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THIS'$DEED', made this 9th day of September, 1963,
. • between theTown of Leesburg, in Virginia, a municipal corporation; ..
ji panty -of the ,first' part;' and' THE' LOUDOUN COUNTY HOSPITAL•,.'INC. , a
:Virginia corporation, party-of .the second part, • ` „ ., .
. .WITNESSETH ..‘That and in consideration -of the. sum "" .
of .Ten- Dollars ($10.00), cash 'In hand paid,=-,and :other good and T
valuable ,considerations:, the receipt whereof: is hereby acknowl ' '
edged-, the aforesaid the- Town ofLeesburg, 'i'n Virginia, a , • t , = -
Municipal corporation, party ofthe first part, doth hereby grant _-
and convey yvith
andconvey'with general `warranty 1 of titleunto the said-.The -
Loudoun County Hospital .'Inc ;.•3 c.Virginia ,corporation, .party. of
r the second part, iall• that certain tract or parcel- of land, and
according to: pla“and survey maderby"DeLashrnutt Associates in x"
,August, -1963'.is more particularly described"'as follows:— .
: . PARCEL ONE _. Beginning' as ra :poin* in''the west
I-, line of Vlate$ford'Road, State Route :#698,`' said - . '
f:,point .being'S: 12° 52' : 1,0" ;E 183;.00 .feet from' .
• ' ., 1-: the southeast corner.'of the, property formerly - .
' 'owned by,Caviness• and the'-northeast :corner, of.
`-the':former :Gibson 'Heights "Subdivision, 'as ;same
appears-recorded- in' Deed• Book 370,=;page. 238,
• among the .Land- Records of Loudoun' County, Vire
. . •ginia', Said point :also being the northeact
corner- of, Parcel_ One and-in'':the south'.line of .1
a. proposed 16.00 :foot access- road .leading, to
"the, Town of":Leesburg •water tank property; thence J ; ,
- r.unning along the west 'line ,of. State Route #698, 4
S'„12°` 52' , 10". E . 294:29' to a ' point; thence `15.71
. feet. along. the ,arc -of 'a .curve' "to the right having
- • : ' a 'radius. of. -10.;00 feet and .a ;chord' which- beats
N •32° , 0,7F:50" 11. 14.14• feet •to' .a •point -of compound - j ,
- curve; thence 26.16:'feet along:the, arc ()La curve. I'
•
-:= to the, right having .a_ radius :,of. 46..95 feet and a.
• .` ..'chord 'which bears '.N 86°•. 54! -30":.1"/ 25.82 feet to - a '
- - a point in; the north Right of-way .line Of a , •�
future street, thence running. along the said north.
.. . line _N 79°'56' .50” W1239.06 feet..to -.a. point; thence,
- departing the .said north,line and running a;long.a
' • , :portion •of' the boundary of the. Loudoun County'.
. , Hospital property 'N 19° 03' .'10" E 130.52 feet and •
. .
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... ,-;:..:. _-, ::. :- '.,: i:-!..::.4-'s,"•:...:-:..;-.:± -....... ..-,Lz." :,.. .*: z -*---.:i.:. .-..r..: .,-;.;....;:c4-±"..1.1.::::: : ,- --;... ..1.::;,:\\ .
r _ , ')' •' J y YEA' ` ;�-c
. t n S .
-N•48°,-7•28' -,--30"•'W, 60.29 feet• to a,.point..in:' (`
t.; :.rthe south,,line oftthe aforementioned proposed s
c;ac'cess road; thence, '-limning, along- the ,said.•-' r',
south^line .S ..77° :07',750".-E=174.61 •=feet to the .
•_.point of ;beginning,...-containing 50,210 square.
•feet or 1x15266 acres.:,of.:-land.;.; _ . •
PARCEL TWO.: - Beginning .at a_point- in. the- west
•••` line of Water.ford:Road; State:Route #698; said
point :being the southeast, 'corner `o'f •the property
•'formerly° owned .by,;Caviness and -:the •northeast.
" 2. corner of the former;Gibson Heights' Subdivision, y
as same appears recorded: in Deed. Book, 370, : • ,
_page: 238; .'among the Land -Records of Loudoun'.
• -;.Count`y, ,Virginia;..•thence:; •departing: said 'corner
' and running along the:west,: liner-of :State:Route.
` '#698'S ;12° 52' :10"'. E' 167:00, •feetato a-point •:
:in ::the north• line _of a.:proposed 16.00 foot • . • •
access;'road leading , to:,the Town'• 6f.'Leesburg -e.', -
water'.tank.property;• thence, departing.:the
west line_:of State Route•#698 'and running;with •
' . the north -line' of the paid;Proposed'access road • .
5':770"07' 50" W 168.31` feet-to`a point; :'thence,
departing the said. proposed access •road[road.-and".;
• running with the. l;ines,:common' •to 'parcel 2 and:
• :; the Town..of Leesburg-property: N 8° -55' "00" `. . . ;. :',
W 120.29 feet`and Ns.70° 37' ''20"-z•W ,85:84.: feet to `. `
...• a :point. in the line 'of' the. Loudoun County .
Hospital property;•`• thence running along a `
portion •of.. the'boundary of -the'iLoudoun County
4.- Hospital,:property' N 19° ;22'.-40"' E- '1'10.48 feet
- •_to•,',the ,southwestcoiner_ of the aforementioned
• - former Cav_iness property; thence.,. along'-the . -
line :commnn :to. said former Caviness •property
- :` and Parcel: 2, :•S 74°:..53' .30" E .'196.6.3' feet to
. • the _point:--of beginning,: containing .39",_660, ., ,
square feet' cif 0.91047'acres :of land.
A :copy of said plat is• attached hereto .and ,by .reference
'made •a:part-hereof.
• EXCEPTING-AND RESERVING therefrom..unto`the• party- of,, the ;;
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'First.,t.Part,:•and its assigns, the. ten•.(10) foo •water line ease
went as shown on Parcel 2, of .said plat, • with the- full,.and free.: Lr .
.right :.and liberty at all times to, install and maintain a 'water
line,--,or'' lines .thereon and with--the right to,;enter 'upon said
•ea' sement to.`'repair,••clean.:and maintain.-the said water •lines• and, _"
to do••all things necessary for the maintenance and 'installation :` ,..
thereof. `
Being a portionsof the---same-.land which was acquired 1!
} r'_ l r `Js r t
by that certain condemnation° proceeding instituted :in the Circuit ..
11r kt s� '•l trs::EY � � f! y_�r1 r.
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Court of Loudoun County; Virginia, and by virtue of 'the Order of .; 1
the Circuit Court of ' Loudoun County, Virgini'a, 4entered on-,the :,
llth •day ofJanuary, .-1956, and oft-record in said Clerk' s Office : '
in Deed Book••352,; Page 394.' .
' ' • The party of the• First Part -covenants that 'the'area
• fronting on .the Waterford Road,—Route #698,•• shell .remain and be 4
"• 'a: portion •of s the street system of-.the: Town of Leesburg;' and this
covenant shalt be acovenant to run with the land herein conveyed.-
IN,.WITNESS whereof, 'the`,Town .of Leesburg, -in.Virginia, . ,
a• municipal :corporation-=has caused ,this. instrument to be :;authen
ticated by Kenneth••Rollins,, its2Mayoi,. and its corporate 'deer to:•.
i' . 6e hereto effized<andiettes2tedybyrporo by B. Rosen, 'its Clerk,
on the 'day of-:September, ~1963. .,
Fes `
• t,.; , s, ,_TOWN OF LEESBURG, ,.IN VIRGINIA,
a 'Municipal corporation
y,., Mayor
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ATTEST: '
Clerk '
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i s t
41 STATE`OF VIRGINIA, • :•
COUNTY OFkLOUDOUN, To wit: '• -
nI,•- a Notary Public in and for'.;,
-
• the county and;_state :,afOre said, ,d'o hereby certify that iKenneeTth
Rollins',. and Dorothy_ 8 Resen,'wtiose names are signed to. the
1foregoing writing,`: bearing:'date the 9t& day of September, ,1963.,c-.-:
. ._ . . f'
•
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as- Mayor and- Clerk-respectively• af the Town.'of Leesburg, . in Y�:`
. Virginia,• a Municipal corporation, have ',and-.each has. acknowledged. • c'
the -.same- before mein my ;said county. ; .
Given under my handthis dayof September, .-1963
;Rotary-.Public
My Commission-.1expires• " ,
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Girt ' 'tom
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