Loading...
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 h.o O 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. ` o w eiTh —i8— / • 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 • 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-