HomeMy Public PortalAbout1963_10_28 231
Regular Meeting of October 14, 1963.
Mr. Frank Myers was present and he explained to the Council a proposal
* whereby certain developers would construct a sewer trunk line from the existing
sewer on Route 15 through the Mary Ann Farms, the Dry Mill tract and the Heileman
tract. This matter was discussed by Council and continued for further study.
The building of South Street in the Parker Subdivision was discussed and,
upon motion of Councilman Orr, seconded by Councilman Lowenbach, the Manager
was instructed to advertise for bids for the construction of this street on two
proposals :
•
(a) The construction of this street to Highway Department standards, with
curb and gutter ; and
(b) The construction of this street to Highway specifications, without
curb and gutter.
•
There being no further business, the meeting was adjourned at 9:30 P.M.
efri-L-47
Mayor
00 _ 1' H
C0 Clerk rt e Counc 1 Pro Tem-
(r1
C MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1963.
20
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia, on October 28, 1963. Mayor Kenneth Rollins
called the meeting to order at 7:30 P.M. Councilmen present were : C. A.
English Cole, C. Grey Dodd, Maurice R. Lowenbach , Jr. , Robert A. Orr and
John W. Pumphrey. Absent from the meeting was Councilman C. Maloy Fishback.
Also present were Town Manager James W. Ritter, Jr. and Town Attorney George
M. Martin.
The minutes of the regular meeting of October 14, 1963 were approved
with the general consent of the Council.
Mayor Rollins read a letter to Council from Mr. Winslow Williams, as
agent for General Bertram Harrison, stating that the new office building built
by General Harrison across the street from the jail is now available for rent.
This letter was turned over to Councilman C. Grey Dodd, Chairman of the Public
Works Committee.
•
Mr. George P. Hammerly, Chairman of the Airport Commission, appeared be-
fore Council to give his report on progress of the new airport. He turned
over to Mr. Ritter all records with regard to the airport from 1950 to date, in
accordance with Ordinance passed by- Council in September. He suggested that
the bond for Mr. Caulkins and Mr. Hammerly be reduced to $150,000.00: for the
sake of economy. Council consented to reduce the bond to $150,000.00.
Upon motion of Councilman Dodd, seconded by Councilman Lowenbach, the
following resolution was unanimously adopted by roll call vote:
BE IT RESOLVED that the request of Mrs. Edna Carr James that the
Town of Leesburg accept for maintenance the street which leads
into Virginian Apartments from Route- 15 be denied until such time
that the property owner brings the street up to State standards
for acceptance into the Secondary System.
The question of construction of South Street in Parker Subdivision was
discussed by Council. Mr. Ritter advised Council that the two bids received
on this construction were based on 32 feet of pavement and that he understood
from Mr. Bozel, Resident Engineer of the Department of Highways, that he (Mr.
Bozel) had advised Mr. Parker that 20 foot wide pavement would be acceptable
to the Highway Department. Mr. Parker spoke in regard to this construction,
stating that he had received a bid for this job much lower than- either of the
two presented to Council and that he had been told that this would be ac-
2 : 2
Minutes of October 28, 1963 Meeting.
ceptable to Highway Department standards. Mayor Rollins moved that Mr. Parker
go ahead and construct this street in accordance with State specifications.
This motion was seconded by Councilman Orr. Councilman Lowenbach moved that
•this motion be tabled since there was no haste in this matter and since it
was too late to build the road this fall. He recommended that the Public
Works Committee study this matter further and bring back a report to Council
at the next meeting. This motion was seconded by Councilman Cole and unani-
mously adopted.
Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the fol-
lowing resolution was unanimously adopted by roll call vote :
BE IT RESOLVED that the Airport Commission be authorized to invest
560,000.00 in order that this amount might accrue interest until such
time as this amount is needed by the Commission.
The Clerk of the Council was directed to write a letter to the Airport Com-
mission authorizing this resolution.
Mayor Rollins presented a resolution containing a formula for construction
of sidewalks and/or curb and gutter. This motion was seconded by Councilman
Lowenbach. After much discussion, Councilman Pumphrey moved that this motion
be tabled- and referred back to the Public Works Committee for further study
and report at the next meeting of Council. Councilman Cole seconded this
motion and a roll call vote showed 4 for and 2 against.
Upon motion of Councilman Orr , seconded by Councilman Pumphrey, the fol-
lowing resolution was unanimously adopted by roll call vote:
BE IT RESOLVED that the Treasurer•of the Town of Leesburg be author-
ized to• pay Stanton, Minter & Bruner , Certified Public Accountants,
the sum of $725.00 for examination of accounts for fiscal year ended
June 30, 1963, which. is an increase of $200.00 over the budgeted fig-
ure. _
Upon motion of Councilman Cole, seconded by Councilman Lowenbach, the
following resolution was unanimously• adopted :
BE IT RESOLVED that, the Treasurer of the Town of Leesburg be author-
ized to pay Stanton, Minter & Bruner, Certified Public Accountants,
the sum of $75.00 for examination of accounts for the period Decem-
•
ber 29, 1962 to October 1, 1963 for the Leesburg Airport Commission.
Upon motion of Councilman Orr, seconded by Councilman Pumphrey, the fol-
lowing resolution was placed on the floor for discussion: •
BE IT RESOLVED that the Treasurer be authorized to pay Roanoke Tank
& Service Company the sum of $3,095.00 for repairs to tower at
60,000 gallon water tank in accordance. with their final bill of
October 22, 1963, and which amount represents an increase of
$1 ,595.00 over and above the budgeted figure of $1,500.00.
Mr. Ritter explained that a letter had been written asking Roanoke Tank &
Service Company for an itemized statement, said statement having been re-
ceived this date but he had not had time to check it out. Mayor Rollins di-
rected Mr. Ritter to check this out and report at next Council meeting.
Councilman Orr withdrew his motion.
Upon motion of Councilman Cole , seconded by Councilman Pumphrey, the fol-
lowing resolution was unanimously adopted :
BE IT RESOLVED by the Council for the Town of• Leesburg, in Virginia,
that the Mayor be and he is hereby authorized to request the Board
of Supervisors of Loudoun County to make available the services of
the County Soil Scientist to study and designate the Flood Plain
areas within the Town Corporate Limits and within a one mile radius
thereof , it being understood that no charge would be made to the
Town of Leesburg for this service.
(' .J n
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Regular Meeting of October 28, 1963. .
Upon motion of Mayor Rollins, seconded by Councilman Lowenbach, the
following Ordinance was unanimously adopted :
WHEREAS, the Council proposed to adopt certain ordinances in the
form of a Code for the Municipality of Leesburg, Virginia, and
WHEREAS, the Michie City Publishing Company has prepared said Code
in two volumes, and
WHEREAS, the Council has examined said Code, as prepared by Michie
City Publishing Company, and finds that certain corrections or
amendments thereto are necessary before adopting and enacting the
same.
BE IT THEREFORE RESOLVED that -the said proposed Code be amended and
corrected as shown on the sheet attached hereto designated "Correc-
tion Sheet for Code" and as changed in pencil on Page 154, Section
15-48 on the "Master Copy" of said Code before formal adoption and
enactment thereof.
An Ordinance of the Town of Leesburg, Virginia, adopting a revision
and codification of the ordinances of the Town of Leesburg, Vir-
00 ginia, entitled "The Code of the Municipality of Leesburg, Vir-
ginia", . providing for the repeal of certain ordinances not in-
t",
eluded therein, with certain exceptions, and for other purposes
CC hereinafter set out.
CC
BE IT HEREBY ORDAINED by the Council of the Town of Leesburg, Vir-
ginia, as follows:
•
Section 1. There is hereby adopted by the council of the Town of
Leesburg, Virginia, that certain Code entitled "The Code- of the
Municipality of Leesburg, Virginia", containing certain ordi-
nances of a general and permanent nature as revised, compiled,
consolidated and codified in the chapters, namely, Chapters 1 to
24, both inclusive.
Section 2. The provisions of "The Code of the Municipality of
Leesburg, Virginia" shall be in force on and after October 28,
1963, and all ordinances of a general and permanent nature enacted on
or prior to May 13, 1963, and not contained in such Code are hereby
repealed from and after October 28, 1963 , except as hereinafter pro-
vided.
Section 3. The repeal provided for in the preceding section of
this Ordinance shall- not affect any offense or act committed or
done or any penalty or forfeiture incurred or any contract or
right established or accruing before October 28, 1963 ; nor shall
it affect any prosecution, suit or proceeding pending or any judg-
ment rendered on or prior to the said October 28, 1963 ; nor shall
such repeal affect any ordinance or resolution promising or guaran-
teeing the payment of money by or for the Town or authorizing the
issue of any bonds of the Town or any evidence of indebtedness or
any contract or obligation assumed by the Town; nor shall such re-
peal affect the administrative ordinances or resolutions of the
council not in conflict or inconsistent with the provisions of
"The Code of the Municipality of Leesburg, Virginia"; nor shall
itaffect any right or franchise conferred by ordinance or reso-
lution of the Town on any person or corporation; nor shall it af-
fect any ordinance adopted for purposes which have been consum-
mated or any ordinance which is - temporary, although general in
effect, or special , although permanent in effect ; nor shall it
affect any of the following ordinances or any amendment thereto:
•
(a) Any appropriation ordinance ; •
•
(b) Any ordinance levying or imposing taxes;
2.34.
Regular Meeting of October 28, 1963.
(c ) Any ordinance providing for. any public improvement;
(d) Any ordinance making any assessment ;
(e). Any ordinance opening, relocating, closing, altering or
naming any streets or alleys;
(f ) Any ordinance relative to salaries, compensation or bonds
of Town employees and officials or members of Town boards or commissions; "
(g) Any ordinance relative to zoning or to zoning map changes;
(h) Any ordinance relative to subdivisions;
(i) Any ordinance establishing, extending or contracting the
Corporate limits of the Town;
(j ) Any ordinance relative to building lines or setback lines;
(k) An ordinance relative to old age and survivor 's insurance,
adopted March 10, 1952;
(1), An ordinance relative to specifications for construction
of water and sewer mains and appurtenances and pumping stations. .
Section 4. If any part, section, subsection, sentence , clause or
phrase of this ordinance or of "The Code of the Municipality of
Leesburg, Virginia" is for any reason declared to be unconstitu-
tional or invalid, such decision shall notaffect the validity of
the remainder of this ordinance or such Code.
Section 5. Wherever in "The Code of the Municipality of Leesburg,
Virginia" or in any ordinance or resolution of the Town or rule or
regulation or order promulgated by any officer or agency of the
Town under authority duly vested in him or it , any act is pro-
hibited or is declared to be unlawful or an offense or a mis-
demeanor,
or the doing of any act is required or the failure to
do any act is declared to be unlawful or an offence or a.mis-
demeanor, and no specific .penalty is provided for the violations
thereof, the violation of any such provision of such Code or any
such ordinance, resolution, rule , regulation or order shall be
punished by a fine of not.more than one thousand dollars or by
imprisonment for a period of not exceeding twelve months, or.by
both such fine and imprisonment. Each day any violation of such
Code, or any such ordinance, resolution, rule, regulation or order
continues shall constitute a separate offense.
Section 6. Neither the repeal provided for in section 2 of this
ordinance nor the provisions of "The Code of the Municipality of
Leesburg, Virginia", shall be construed to affect any ordinance
passed after May 13, 1963.
Section 7. That a copy of "The Code of the Municipality of Lees-
burg, Virginia'!, shall be filed in the office of the clerk of the
council and be made available to persons desiring to examine the
same.
Upon motion 6f Councilman Lowenbach , seconded by Councilman Orr, the
following resolution was placed on the floor for discussion :
BE IT RESOLVED that the Deed of Easement for the Sanitary Sewer
serving the Epilepsy Foundation be accepted; as prepared by Shaw,
Pittman, Potts, Trowbridge & Madden, Attorneys for the Foundation.
The Mayor is hereby authorized to sign and acknowledge receipt of
said deed and the Clerk of the Council is directed to place the
• • Town corporate seal on said Deed and have it recorded.
_ It was decided that this matter should be referred to the Utility Committee
for study and recommendation to Council.
•
• 2355
Regular Meeting of October 28, 1963.
A resolution presented by Carleton Penn, Attorney for Virginia Knolls
Subdivision, designating the Loudoun National Bank as depository for the ac-
count of Virginia Knolls was discussed by Council but no action was taken
on this matter. Mr. George E. Ward, Treasurer for the Town of Leesburg, was
directed not to deposit the check held by him from Virginia Knolls.
Mr. Frank Myers and Mr. Gray of D & G Construction Company explained to
Council the proposed sewer trunk line to be run through Mary Ann Farm to the
property of D & G Construction Company and of Frank Myers, exhibiting a plat
of said proposed sewer line , which line could eventually be turhed aver to the
' Town. No action was taken on this matter.'
Councilman Cole , Chairman of the Finance Committee, presented a detailed
report. on the Budget to Council. After discussion, Councilman Cole moved that
this report be distributed to members for further study.
Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the
Airport Commission was authorized to spend $1 ,500.00 for the approach easement
of the land of Mrs. Rita Norris, subject to the approval of the Towh Attorney.
There being no further business, the meeting adjourned with general con-
sent at 11 :20 P.M.
Cr.)00
, . ��
CO Mayor
Clerk of the ' ournccil
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 11, 1963.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, Leesburg, Virginia, on November 11 , 1963. Mayor Kenneth Rollins
called the meeting to order at 7:30 P.M. Councilmen present at roll call
were : C. A. English Cole , C. Grey Dodd, Maurice R. Lowenbach, Jr. and John
W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town
Attorney George M. Martin.
The minutes of the regular meeting of October 28, 1963 were 'approved
with the general consent of the Council.
There was no report from the Mayor , but Manager Ritter gave a report on
the condition of the front end loader, stating that it is in very bad shape
and that considerable expense has been incurred in repairing it. He suggested
that the Town be looking for a second-hand machine. Councilman Lovenbach
made a recommendation that Council authorize the Town Manager to look into
the possible replacement cost of this machine and, at the same time, to in-
vestigate the cost of new equipment. Mayor Rollins authorized Mr. Ritter
to go ahead and investigate this matter.
Councilman Fishback joined the meeting at this time.
Councilman Dodd, Chairman of the Public Works Committee, read a letter
from the Highway Department in regard to the construction of South Street
in Parker Subdivision and read a bid on this construction from the T. S. and
L. A. Company. After discussion of this matter , Councilman Dodd moved , and
the Council voted, to authorize Mr. Parker to proceed with the building of
this road, with the Town Manager inspecting it as progress is made and au-
thorizing the draws from the escrow fund for this construction.
Upon motion of Councilman Lowenbach, the following resolution was placed
on the floor for discussion:
BE IT RESOLVED, that the Treasurer be authorized to pay Roanoke •
Tank & Service Company the sum of $2,741.90 in accordance with
their Invoice #123, dated October 28, 1963, which amount ' is due
them for work on repairs to the 60,000 gallon tank.
There was no second to this motion and Council took no action on this resolution.
CORRECTION SHEET FOR CODE
1. Page 17, Sec. 2-8•
Eliminate.
2. Page 18, Sec . 2-3. Execution of checks.
New sheet to be inserted. (Attached)
3. Page 19.
Eliminate entire Sec. 2-8.
4. Page 110, Sec . 13-84 (1) .
Eliminate the word "Church" and substitute"Loudoun".
5. Page 123 , Sec. 13-121. Generally.
New sheet to be inserted (attached) .
6. Page 161.
Insert attached sheet on Retirement.
7. Page 163.
i
Attached sheet on Index to be inserted.
8. Page 177.
See attached sheet on Sec. 19-31 and 19-32 to be
inserted.
9. Page 178.
Attached sheet on Sec. 19-35.1 , 19-36.1 and 19-36.2
to be inserted_.
10. Page 205, Volume 2, Sec. 21-38.
Substitute the figure ".075" in place of ".75" as Chown.
11. Page 213, Sec . 21-47•
Substitute ".075" in place of ".75".
7
A
Sec.-2-j. Execution of checks.
All checks drawn against any account of 'the "Town
of Leesburg" shall be signed by any two of the following
officers, namely, the Town Manager , Treasurer and Clerk
of the Council.
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eiTh
—i8—
/
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Division 3. Payments to Municipality in Settlement
of Illegal Parking Charge.
Sec. 13-121. Generally.
Any person accused of a violation of any provision ( this
chapter or other ordinance of the mu,.?cinality prohibitiz;
parking a vehicle in a designated area or rectri.cting thtength
of time a vehicle may be there parked, or parking in a m+red
area without putting a coin in the meter to cover the reared
time, may settle and compromise the charge against him fd such
illegal parking by inserting fifty cents in the envelopero-
vided for such purpose and depositing same in one of the pirteey
Collection boxes attached to parking meter standards nearhe
middle of each block by 7:00 P.M. on the day of violation Any
person may settle and compromise the charge against him f such
illegal parking by paying to the municipality the sum of ie
Dollar before the next Court date, which is on the first td
third Mondays of each month at 8:00 P.M. ; provided, howevi,
r�
1
r
-123-
1
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CHAPTER 18.
RETIREMENT.
The Town of Leesburg in Virginia, a political subdivision,
acting by and through the Town Council , does hereby elect to
have such of the employees and officers of the Town', who are
regularly employed full time on a salary basis, and whose ten-
ure is not restricted as to temporary, or provisional appoint-
ment, to become eligible ,aeffective July 1, 1963, to partici-
pate in the Virginia Supplemental Retirement System, under the
conditions set forth in Title 51, Chapter 3.2, Section 51-111.9
through Section 51-111.67, Code of Virginia, as such code has
been or may be amended from time to time and said Town agrees
to pay its cost for participation of its employees for all ser-
vices for Town of Leesburg prior to July 1, 1963, for which
credit is authorized and established on Forms required by the
Retirement Board and for membership service in the System after
such date and also to deduct from said employees' wages and pay
over in the manner prescribed, the respective amounts required
by law.
The Mayor of the Town of Leesburg and the Town Manager
are hereby authorized and directed in the name of said Town, i
to execute any required contract in order that employees of
Town of Leesburg may become entitled to benefits provided under
the Virginia Supplemental Retirement Act. In execution of any
contract which may be required, the seal of said Town of Lees-
burg shall be affixed and attested by the Manager and said offi-
cers of Town of Leesburg are hereby authorized and directed to
do any other thing, or things, incident and necessary in the
lawful conclusion of this matter and in conformity with law.
The Treasurer of Town of Leesburg be and is hereby authorized
and directed to pay from time to time such sums as are due to
be paid under said contract by Town of Leesburg and its employees.
-161-
Article V. Rates and Meters.
Division 1. Generally.
§ 19-27. Compliance with article.
§ 19-28. Rates to apply to each meter ; separate. accounts.
§ 19-29. Quarterly bills.
§ 19-30. Water bills as charge against user.
g 19-31. Water rates and sewer rates and charges
inside corporate limits.
§ 19-32. Same--Minimum Water Bill.
§ 19-33. Same--Rate for water drawn at public meter.
§ 19-34. Same--Charge for sewer service where sewer and
water are connected.
6 19-35. Same--Charge for sewer service alone.
§ 19-35.1. Charge for sewer service to two or more apart-
ments, houses, trailers, or dwelling units.
g 19-36. Water and sewer rates and charges outside the
corporate limits of municipality.
g 19-36.1. Charge for Sewer Service alone outside the
corporate limits of the municipality. -
For House Connections.
§ 19-36.2. Charge for Sewer Service alone outside the i
corporate limits of the municipality. -
For Institutions.
§ 19-37. Fee for resumption of service.
§ 19-38. Termination of service upon failure to pay.
§ 19-39. Adjustment in case of leak between water meter
and house or place where water is used.
•
-163-
Sec. 19-31. Water rates and sewer rates and charges
inside corporate limits.
Water rates based on quarterly meter readings taken
to the nearest 1,000 gallons shall within the corporate lim-
its of the Town be in accordance with the following schedule :
1st 50,000 gallons - :6.80 per thousand
2nd 50,000 gallons -., 3.60 per thousand
3rd 50,000 gallons ' v.50 per thousand
4th 50,000 gallons - i .40 per thousand
Over 200,000 gallons - 4.30 per thousand
Sec. 19-32. Same--Minimum Water Bill.
The minimum water bill inside the corporate limits
of the municipality shall be Six Dollars quarterly, which
will be the charge for metered usage of seven thousand five
hundred gallons or less.
i
-177-
Sec. 19-35.1. Charge for sewer service to two or
more apartments; houses, trailers,
or dwelling units.
Where two or more apartments, houses, trailers, or
dwelling units are served by a single water meter, the
minimum sewer charge for each apartment, house, trailer
or dwelling unit , whether, occupied or not , shall be a
minimum of 33.00 per quarter.
Sec. 19-36.1. Charge for Sewer Service alone out-
side the corporate limits of the mu-
nicipality. - For House Connections.
Where the Sanitary Sewer only is connected outside
the corporate limits of the municipality, the sewer ser-
vice charge for residences shall be fifty (50) per cent
greater than the charge within the corporate limits.
Sec. 19-36.2. Charge for Sewer Service alone out-
side the corporate limits of the mu-
nicipality. - For Institutions.
Where the Sanitary Sewer only is connected outside
the corporate limits of the municipality, the sewer ser-
vice charge for Institutions shall be Two Dollars and
Twenty-five Cents (32.25) per person per quarter.
-178-