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HomeMy Public PortalAbout1963_11_27 240 MINUTES OF REGULAR MEETING OF LEESBURG• TOWN COUNCIL, NOVEMBER 27, 1963. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on November 27, 1963, having been postponed from November 25, 1963 due to proclamation of the President of the United States declaring that November 25, 1963 be observed as a Day of Mourning. Mayor Pro- Tem Robert A. Orr called the meeting to order at 7 :40 P.M. Councilmen present at roll call were : C. Grey Dodd , C. Maloy Fishback, Maurice R. Lowenbach , Jr. and John W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Upon motion of Councilman Lowenbach , seconded by Councilman Fishback, the minutes of the regular meeting of November 11 , 1963 were unanimously approved by the Council. Mayor Rollins joined the meeting at this time and took over as presiding officer for the remainder of the meeting. The Town Manager gave his report , explaining the bill in the amount of 52,851.93 due Michie City Publications Company and recommending payment of same. He also recommended paymemt of the bill in the amount of 52,767.90 due Roanoke Tank and Service Company for repairs and construction on the 60,000 gallon water tank. Councilman Cole joined the meeting at this time. Mr. Ritter resumed his report , informing the Council that prices were being secured from various equipment dealers on a front end loader to replace the present one which is in a bad state of repair ; advising Council that prices had been requested on radar equipment for use by the Police Department and that the State Division of Purchasing and Supplies had been contacted with regard to the purchase of a new Police car. He also explained to Council that an, agree- ment must be signed on behalf of the Town with Virginia Electric and Power Company with regard to the placing of Christmas lighting on the streets of Leesburg. Upon motion of Councilman Lowenbach, seconded by Councilman Fishback , approved by a unanimous roll call vote, Council gave authority to the Utility Committee to meet with •the Chamber of Commerce and representatives from Vir- ginia Electric and Power Company to investigate the contents of this agree- ment and also giving the Utility Committee authorization to expend the ap- proximate sum of 555.00 for electric service and connection and disconnection fees with regard tb the Christmas lighting in the Town. Mayor Rollins reported that Councilman Cole had contacted Rust Engineering Company, asking them to send a representative to Leesburg to look at the sewage disposal plant and to offer any suggestions that they might have in solving this problem. He announced that a representative of the Rust Engineering Company would be in Town on Friday , November 29th and invited any member of Council to work with them on this project. Councilmen Fishback and Lowenbach stated that they would be present for this meeting. • Mayor Rollins also reported that the matter of moving utility lines due to the By-Pass construction would soon be coming before Council for action and announced that a meeting has been arranged with the Commissioner of the Vir- ginia Highway Department on Monday, December 2, 1963 at 10:30 A.M. in Richmond and stated that he would like the Road Committee to meet before that time. Upon motion of Mayor Rollihs, seconded by Councilman Lowenbach , the Council unanimously voted by roll call vote to go on record as favoring Route D of the By-Pass around Leesburg. Mayor Rollins asked that all requests from Council members be referred to the proper committee, with such committee bringing a report to Council , and that all matters brought up by the Town Manager oe presented on the Agenda for action by Council. • Upon motion of Councilman Orr , seconded by Councilman Fishback, it was recommended that the Town own the complete sewer line to the Epilepsy FoundaY. tion, which includes the trunk line on the property owned by the Children's 241 Minutes of November 27, 1963 Meeting.• Rehabilitation Center up to the home and that the Town would , therefore, be responsible for maintenance of this line. After discussion, Councilman Orr tabled this motion and moved that the Town Attorney look into having the Founda- tion agree to maintenance of the trunk line on their property. Councilman Cole seconded this motion and it was unanimously carried by a roll call vote. A report was given on the sewer plant by the Utility Committee. Upon motion of Councilman Fishback, seconded by Councilman Orr , the fol- lowing resolution was unanimously carried : BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the State Highway Department be requested to take into the Secondary System the two streets shown below: (1) Wage Drive , from Dry Mill Road to Dead End. • (2) Fort Evans Road , from Route 7 to corporate limits. Town Attorney George M. Martin requested that he be in attendance at all committee meetings in order that he might draft the resolutions to be put on the agenda. 00 Councilman Orr gave a report on the Dog Ordinance and, after discussion, •• Cr: it was decided that the County Dog Warden would be responsible for picking up 1` stray dogs in the Town of Leesburg. Upon complaint to the Town Manager, he -1 will contact the Dog Warden to pick up such dogs. - 5 Upon motion of Councilman Orr , seconded by Councilman Cole and unanimously approved by the Council , the Mayor and the Clerk of the Council were authorized to sign the following Agreement : THIS AGREEMENT, made this 13th day of November , 1963, by and between LOUDOUN PROPERTIES, a partnership, hereinafter referred to as De- • - veloper ; and TOWN OF LEESBURG, in Virginia, a municipal corporation, hereinafter referred to as the Town; • . WITNESSETH: THAT WHEREAS, Developer is constructing physical improvements in Section I, Virginia Knolls Subdivision in the Town. of Leesburg, Loudoun County , Virginia, as the same is duly dedicated and platted in Deed Book 428, Page 3 among the land records of said County; and WHEREAS, the said Developer has posted with the Town the sum of •FORTY-EIGHT THOUSAND ONE HUNDRED SIXTY-FIVE & 50/100 DOLLARS ($48,165.50) in the form of a certified check to be used for the construction of the physical improvements as the sums required for the construction thereof shall become due in lieu of surety bond or retention of certified check until completion of the im- provements, which has been agreed to by the Town; and WHEREAS, it is the desire of the Town to have the guarantee of the Developer that the aforesaid improvements will be completed in accordance with the plans and specifications filed with and approved by the Town within a reasonable period of time ; NOW, THEREFORE, in consideration of the premises, the said De- veloper covenants and agrees with the said Town that if the physi- • cal improvements, as described in the plans and specifications filed with and approved by the said Town, shall not be installed and completed within a period of twelve (12) months from the date hereof , the said Town may , at its option, utilize such portion of the aforesaid deposit as may be necessary to install and complete the aforesaid physical improvements in accordance with said plans and specifications, provided , however , that the aforesaid period of twelve (12) months shall be extended for such additional period • as may equal the period of °any delay resulting from war , acts of God , or other cause beyond the control of the Developer. • Z 4 Minutes of November 27, 1963 Meeting.. It is understood and agreed , however , that this fund shall not be used by the Town for any purpose other than the construction of the im- provements within the aforesaid section of said subdivision, and that any sur.plus, upon the completion of said improvements, shall be re- . turned to Developer. WITNESS the following signatures and seals: LOUDOUN PROPERTIES, a partnership By : /s/ John H. Ours General Partner By : /s/ J. D. Williams General Partner • TOWN OF LEESBURG, in Virginia, a municipal corporation By : /s/ Kenneth B. Rollins Mayor (SEAL) ATTEST: • /s/ Dorothy B. Rosen Clerk of the Council Upon motion of Councilman Fishback, seconded by Councilman Orr , unani- mously approved by Council , the Town Manager was empowered to install the proper lighting from Loudoun Street up Dry Mill Road to the High School. Upon motion of Councilman Orr , seconded by Councilman Cole , and unanimously approved by the Council , Mr. Ritter 's name 'is to be substituted for Mr. Sharp's name in the agreement with regard to the construction of South Street in the Parker Subdivision, Councilman Cole stated that on Page 239 of the Minutes of the meeting of November 11 , 1963 , on Line 15, under Administration, the Budget and Appropria- tion Ordinance should show Personal Services by position and salary. Upon motion of Councilman Cole , seconded by Councilman Orr , unanimously approved by a roll call vote, Council voted to transfer 10 cents per thousand gallons of water per quarter from the Utility Fund to the General Fund to pay administration expenses, in lieu of the 60-40 formula now being used. Upon motion of Councilman Lowenbach , seconded by Councilman Orr, the fol- lowing resolution was unanimously adopted : WHEREAS, the Council of the Town of Leesburg being in receipt of a letter from Roanoke Tank and Service Company, authorizing the Town of Leesburg to pay to the Purcellville National Bank the amount of money that is due and payable to them by the Town of Leesburg, it is hereby RESOLVED, that Roanoke Tank and Service Company be paid the full amount of money due and owing to them by the Town of Leesburg, with the exception of 5500.00, which is being withheld for a period of 45 days, which will be paid at the expiration of this period of time, providing no further debts have come to the attention of the Town of Leesburg which were incurred by them during the time they constructed or placed' repairs on the 'water tank. in.-the Town of.,Leesburg. i , Upon motion of Councilman Lowenbach , seconded by Councilman Orr and unanimously approved by Council , the -sum of 51,201.93 was appropriated for the purpose of paying the balance due Michie City Publications Company for editing, mimeographing and binding 25 copies of the Leesburg Town Code. There being no further business, the meeting adjourned with general con- sent at 9:50 P.M. 4. \ / XOP/J Mayor Clerk of tt e Council