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HomeMy Public PortalAbout1963_03_09 96 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 9, 1964. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on March 9, 1964. The meeting was called to order by the Mayor, with Councilman Pumphrey leading the group in prayer. Those present were : Mayor Rollins, Councilmen 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. Town Manager James W. Ritter, Jr. • was present. The minutes of theregular meeting of February 24, 1964 were unanimously approved by Council. Mr. Stanley Caulkins of the Airport Commission and Mr. Clarence Holland, representing Humble Oil Company were present. Mr. Holland_ stated that he had met with the Airport Commission and the Town Attorney last •week and that seve- ral changes had been made in the Equipment Lease and Petroleum Vendor Lease Privilege. He presented these two contracts to Council for their considera- tion, pointing out the many changes that had been made. Mr. Holland pointed out that it takes approximately two months to acquire the pumps and tanks to be put in the ground and expressed a desire that these two contracts be acted upon as soon as possible. Upon motion of Councilman Orr, seconded by Councilman Pumphrey, Council voted 5 to 1, Mr. Cole being against this motion, to consider these contracts at this time. Upon motion of Councilman Orr, seconded by Councilman Lowenbach, the fol- lowing Equipment Lease was adopted by a roll call vote of 5 for and 1 absten- tion, that being Mr. Cole : : AGREEMENT, made this 9th day of March, 1964, between HUMBLE OIL & REFINING COMPANY, a DELAWARE corporation, having an office at Rich- mond, Virginia, (Hereinafter called "Lessor") and the TOWN OF LEES- BURG whose place of business is located at Leesburg Municipal (God- frey) Airport, Leesburg, Virginia, (hereinafter called "Lessee") : WHEREAS, Lessee desires to purchase petroleum products from Lessor and has requested Lessor to install equipment upon the premises mentioned below for the better storage and handling of petroleum products so purchased; and WHEREAS, in compliance with said request, Lessor has placed or is about to place upon premises located at Leesburg, Loudoun County, Virginia, the following equipment: 2 - Aviation Pumps with 4-line computors . 2 - Grounding Reals 2 - Electric re-wind hose reels with 50 feet of hose 2 - Filters 1 - l) h.p. Air Compressor 3 - 4,000 gallon Storage Tanks NOW, THEREFORE, IT IS AGREED as follows: 1. Said equipment shall be used solely for the storage and handling of products purchased by Lessee from Lessor. Lessor will, at its own expense, make all repairs to said equipment which in its opinion are needed provided Lessee notifies Lessor thereof in writing and estab- lisheLl to Lessor 's satisfaction that the same were not occasioned by or the result of Lessee 's negligence or misuse of the equipment, and Lessee will pay all license fees and other charges required for the use, operation and maintenance of said equipment and all damages caused by Lessee 's negligence or misuse thereof, and Lessor will pay all per- sonal property taxes assessed upon said equipment or upon the installa- tion thereof. 2. Title to said equipment and each and every part thereof shall re- ,. main in Lessor, and Lessee will not encumber or remove said equipment or do or suffer to be done anything by which said equipment or any part thereof shall be seized, taken on execution, attached, destroyed or injured or by which Lessor's title thereto may in any way be al- tered, destroyed or prejudiced. . 2,6 7 Minutes of March 9, 1964 Meeting. • • 3. Either party shall have the right to terminate this agreement at - any time by giving five days ' prior written notice to the other of its intention so to do at the addresses set forth above. 4. In the event Lessee shall use said equipment for any other pur- • pose than the storage and handling of petroleum products purchased from Lessor or shall cease to do business at the above described premises or shall fail to keep and perform the agreements herein contained on the part of Lessee to be kept and performed or in the event Lessee shall terminate this agreement as provided in paragraph 3 above within ten (10) years from the date hereof, this lease shall automatically terminate and Lessee shall pay to Lessor on demand, as teimbursement:fdr the cost of installation and removal of the said equipment, the agreed sum of Eighteen Hundred Dollars ($1,800.00) , less 10% for each year this agreement has remained in effect and pro rata for -any part of a year. Lessor agrees to restore the ground to its original condition in the event Lessor removes said equipment. 5. In the event this agreement is terminated for any cause whatso- ever, Lessor shall have the right for sixty (60) days thereafter to negotiate for the sale of said equipment to the' owner of the premises where the same may be installed, or to anyone else, or to enter upon 00 the -premises and remove- any or all of the equipment owned by it. Cr: Nothing herein contained shall obligate Lessor to remove any under- ground- equipment and -in the event Lessor decides to abandon any under- CC ground tanks upon the premises. Lessor shall have the right, but shall C. • be under no obligation to enter upon the premises, fill the tanks with sand or cement grout or take such other steps it deems advisable in order to leave them in- a safe condition. 6. In the event this agreement shall be terminated for any cause whatsoever, Lessee shall immediately abandon the use of any trade marks, distinctive marks or trade names of Lessor which may be at- tached to or displayed upon said equipment or any part thereof or on said premises, and Lessor shall have the right to remove, paint out, or otherwise obliterate any such marks or names. 7. It is understood and agreed that Lessor does not warrant any of said equipment or any equipment which may hereafter be leased hereunder in any respect whatsoever, including, without limitation, the condition thereof or fitness for any purpose. 8. Lessee shall indemnify and save harmless Lessor, its successors and assigns of and from any and all liability or claims for loss, damage, or injury to persons or property (including but not by way of limitation, Lessee, its agents, servants and employees or the • property of any of them) caused or occasioned by any leakage, fire or explosion of any of the products stored in said equipment or con- tained in or drawn through said equipment or by or in the installa- tion, maintenance, repair or use of said equipment or any of the at- tachments or appliances used, connected, installed or furnished there- with. • 9. Any new or additional equipment hereafter placed or installed upon the premises by Lessor shall be subject to all the terms and conditions of this agreement including ,the consent of owners or mortgagees en- _ _• dosed below. • IN WITNESS WHEREOF the parties hereto have caused this agreement to be • duly executed under their hands and seals the day and year first above written. Humble Oil & Refining Company (L.S.) (LESSOR) By WITNESS: Manager Sales Division TOWN OF LEESBURG (LESSEE) /s/ J. W. Ritter, Town Manager By /s/ Kenneth B. Rollins, Mayor (L.S. ) 26.8 Minutes of March 9, 1964 Meeting. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the follow- ing Petroleum Vendor Lease Privilege was adopted, subject to FAA approval, by a roll call vote of 5 for and 1 abstention, that being Mr. Cole: AGREEMENT, made as of the 9th day of March, 1964, by and between Town of Leesburg, a municipal .corporation organized and existing under the laws of the State of Virginia, and having its principal office and place of business at Leesburg, herein called the "Town," and Humble Oil & Refining Company, a Delaware corporation, having an office at Richmond, Virginia, herein called "Humble." WITNESSETH: • WHEREAS, the Town is the owner in fee of an airport known as the Leesburg Municipal (Godfrey) Airport, situated in the town of Lees- burg, hereinafter called the "Airport"; and WHEREAS, Humble has available for sale gasoline, fuel, lubricants, greases and other petroleum products especially adapted for use by aircraft and desires to engage in the handling and sale of said prod- ucts for use by aircraft operating or refueling at said Airport; and WHEREAS, Humble desires to have certain rights and privileges at said Airport in connection with said business; • NOW, THEREFORE, in consideration of the premises and the mutual cove- nants and agreements herein contained and other valuable consideration, the Town does hereby grant unto Humble a petroleum vending privilege within the confines of said Airport premises. The Town does further hereby grant unto Humble the right and privilege to store, sell , fur- nish and deliver aviation and motor fuels and other petroleum prod- ucts on and at the Airport, as now constituted or as hereafter changed, expanded, improved or remodeled , to persons, firms or corporations us- ing said Airport. Together with the right and privilege of ingress and egress over, a- cross and through the Airport and the right and privilege to use the aprons and other facilities at the Airport by Humble, its agents, representatives, employees, sub-lessees or assigns, and the custo- mers and invitees of each, for the necessary servicing of aircraft and the sale and delivery of said products. TO HOLD the rights and privileges hereby granted unto Humble for ten (10) years upon the following ,terms and conditions: 1. The Town covenants that it is well seised of the Airport, has good right to grant the within rights and privileges, and hereby warrants and agrees to defend its title and right thereto and to hold Humble harmless from any loss by reason of any defect therein. 2. The Town agrees to secure from the, proper authorities in its name, with right of assignment, or in the name of Humble, or Humble's nomi- nee, the necessary licenses, consents and permits necessary for the installation of petroleum vending equipment adequate for the needs of the Airport. Within a reasonable time after receipt of such licenses, consents and permits duly assigned, and subject to its ability rea- sonably to obtain. the necessary materials and equipment, Humble agrees, at its expense, to install facilities for storing, pumping and dispens- ing aviation and motor fuels and other petroleum products at the Air- port. Said facilities shall remain the personal property of Humble, except as hereinafter provided. In the event that the aforesaid licenses, consents and permits are not • obtained within seven (7) months from the date of this agreement, or if obtained, shall thereafter be revoked without fault of Humble, or if the Town shall cease to maintain the premises as part of an active Airport, or if the use of the rights and privileges herein granted for any of _the purposes enumerated, or the construction of any of the fa- cilities herein contemplated, shall be in any manner restricted or pro- 269 Minutes of March 9, 1964 Meeting. hibited by reason of any law, ordinance , injunction, regulation, order or request of any properly constituted authority, then Humble shall have the right at its option to terminate this agreement by giving the Town sixty (60) days written notice of its intention so to do and shall thereupon be relieved from all liability hereunder. Upon the expiration or any termination of this agreement, or any re- newal thereof , the Town shall purchase or cause to be purchased from Humble said dispensing facilities and equipment at its then unamortized portion of the original cost of these facilities amortized over a ten (10) year period commencing from the date when said facility is com- pleted and ready for operation. Humble 's records shall tbe deemed con- clusive as to cost. Such cost, however, shall not include overhead or maintenance. In the event of such purchase, the Town shall promptly pay the purchase price and Humble shall deliver to the Town a good and sufficient bill of sale. 3. Humble shall have the option of renewing this agreement for an addi- tional period of five (5) years, such period to begin on the expiration of the original term hereof , upon the same terms and conditions as here- in set forth, and said privilege of renewal shall be considered as hav- ing been exercised unless Humble gives the Town notice in writing at 00 least thirty (30) days prior to the expiration of the original term of Cr: its intention not to exercise such renewal privilege. irseCC 4. Town 'shall not make unreasonable rules and regulations as deemed by Humble for the operation of the Airport. 5. In consideration for the rights and privileges herein granted to it, Humble shall pay to the Town one dollar ($1.00) per year. 6. The Town agrees to make water and electric current available to Humble and Humble agrees to pay during the term of this agreement all charges for water, gas and electric current that may be incurred by Humble, its sublesses or assigns with respect to its use of the 'dis- ' pensing facilities and the exercise of the rights and privileges herein granted, and will pay all taxes on any and all property owned by Humble upon the Airport premises. The Town agrees to pay all other taxes, as- sessments and betterments now or hereinafter levied against the entire Airport premises when due and payable. 7. It is the intent of the parties that the vending and dispensing privileges hereby granted shall be conducted by a commercial base operator designated by the Town, hereinafter referred to as the "Operator," but this shall not exclude the vending and dispensing privileges by the Town itself. To that end, Humble agrees that it will sublet the rights and privileges herein granted, together with the right to use the facilities described herein and any other re- fueling equipment as may. reasonably be required, to the Operator desig- nated by the Town, for a period of one (1) year with a provision for automatic renewals from year to year thereafter unless terminated by either party on at least thirty (30) days' written notice prior to the expiration of any yearly period, at no charge except a rental of one dollar ($1.00) per year; subject , however, to said Operator 's agree- ment to store, dispense and sell Esso aviation and motor fuels and other petroleum products on and at the Airport. The Town agrees to cause the Operator which it designates as sublessee hereunder to operate the premises, rights and privileges and the storage and other facilities and equipment, to such 'standards as may reasonably be expected, and that it will make the performance of this obligation a condition to the Operator 's continued occupancy at the Airport. The Town further agrees to cause the Operator to maintain a reasonable stock of and to use his best efforts to promote the sale of Esso aviation and motor fuels and other petroleum products on and at the Airport, and to cause said Operator to supply Esso aviation fuels through the dispens- ing facilities owned by Humble to any person who may desire them. 7 Minutes of March 9, 1964 Meeting. Humbleagrees that its contracts with the Operator shall provide that the gasoline prices to be paid by the Operator shall be Humble 's posted tankwagon price for the Leesburg area in effect at the time of delivery, and such prices shall not be out of line with the normal posted tank- wagon prices for the State of Virginia, taking into consideration dif- ferences in transportation costs and points of origin and delivery. For other petroleum products the operator shall pay Humble 's established prices for the area at the time of delivery. For all sales to itiner- ant business the Operator shall charge such prices as it shall determine. Humble agrees to enter .into contracts with the Operator on Humble 's stand- ard form for the into-plane servicing of scheduled and non-scheduled or irregular carriers engaged in the business of commercial transportation by air with fuel and oil. Such contracts shall provide for a service fee to the Operator of One Dollar ($1.00) per year. All such contracts shall be for the term of the subletting. 8. If, during the term of this agreement or any renewal thereof, the Town shall sell , convey or lease this part of the Airport to a party or parties whose activities are such that they may be expected to con- sume aviation and motor fuels and other petroleum products, the Town shall make it a,condition precedent to such sale , conveyance or lease, that such transferee or lessee shall enter into an agreement with Humble for the purchase from Humble of aviationand motor fuels and other pe- troleum products at the price herein provided to be paid therefor by the Operator, •and which agreement shall be co-extensive with the bal- ance of the term of this agreement or any renewal thereof. 9. Subject to the provisions of this agreement, Humble shall have the right during the term of this agreement to sell and deliver aviation and motor fuels and other petroleum products to any and all persons at the Airport desiring to purchase same from Humble and the Town agrees not to forbid or in any way prevent any persons using the Airport from so purchasing should they so desire. 10. No waiver by either party or its successors or assigns, of any breach of any of the covenants or conditions herein contained to be performed by the other party shall be construed as a waiver of any succeeding breach of the same, or any other covenant or condition. 11. Humble covenants and agrees to make no unlawful or offensive use of the premises, rights and privileges, and to comply with all stat- utes, ordinances, rules, orders, regulations and requirements of fede- ral, state, county and municipal governments. 12. If Humble, after giving notice of intention not to exercise the renewal privilege herein provided, or at the end of such renewal per- iods, holds .over the premises and the rights and privileges herein de- scribed beyond the termination by limitation of the term without first having renewed or extended this agreement by written agreement, such holding over shall not be considered as a renewal or extension of this agreement except on a month-to-month basis. 13. The Town covenants that-Humble, upon paying said charges and per- forming the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the rights and privileges herein described for the t term aforesaid, subject to the provisions hereof. 14. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, this agreement has been duly executed in duplicate the •day and year first above written. ATTEST: TOWN OF LEESBURG By Chairman ATTEST: HUMBLE OIL & REFINING COMPANY By Officer Reviewed and approved. Town Attorney *:h 2 Minutes of March 9, 1964 Meeting. • Mayor Rollins asked Mr. Ritter for a report on the storm drainage survey •being conducted by Lee Phillips. Mr. Ritter stated that Mr. Phillips should have a report on the survey through the A & P parking lot within about a month and that it looked as though the cost would be more than had been estimated. He also stated that Mr. Phillips had furnished the Town with plats on the Wood- ' berry-Edwards Ferry Road project and that Mr. Martin had started proceedings to obtain the necessary easements for this work. • • Mayor Rollins asked if rock had been put on the streets in Waverly Heights and Mr. Ritter replied that 25 tons had been put on last week. Upon motion of Mayor Rollins, seconded by Councilman Dodd, the following resolution was placed on the floor for discussion: BE IT RESOLVED, by the Town Council of the Town of Leesburg, that an amount of $980.00 be appropriated for the purchase of a Little- ford Asphalt Kettle, Model 84HD-3, in accordance with quotation from Municipal Sales Co. in their letter of August 13, 1963, and confirmed in their letter of March 2, 1964. After discussion, Mayor Rollins moved to end debate on this question and a roll call vote showed 5 for and 1 against, that being Mr. Cole. This resolution was 00 then adopted by a unanimous roll call vote. Ct om, Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the CC following resolution was unanimously adopted by roll call vote : CC BE IT RESOLVED, by the Town Council of the Town of Leesburg, that parking be prohibited on the south side of Loudoun Street from Liberty Street westward approximately 300 feet, to the point where the street widens sufficiently to allow parking; Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the following resolution was unanimously adopted, said resolution having been sub- stituted for one on the Agenda: WHEREAS, it is necessary to remove certain trees because of the dan- gerous -situation they present to motorists, pedestrians and residents, the Council hereby authorizes and directs the Town Manager to negotiate with the property owner or owners in front of whose property said trees are located and to offer, on behalf of the Town of Leesburg, to plant new trees on their property, such planting not to interfere with exist- ing utility lines. The Town Manager was directed to ascertain which trees citizens wish to have removed and to investigate the cost of this removal and whether or not traffic will be helped by the removal of these trees. Upon motion of Councilman Pumphrey, seconded by Councilman Orr, the follow- ing resolution was unanimously adopted: BE IT RESOLVED, by. the Town Council of the Town of Leesburg, that the Town Manager be authorized to send two of the Leesburg Town Police Of- ficers to the Central Police, Training Schools to be held in Richmond for a two week period beginning May 18, 1964; and that a sum of $94.00 be appropriated for this expense. Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow- ing resolution was unanimously adopted : WHEREAS, Sec. 9-1 of the Town Code provides for the office of Fire Marshal, and further that this appointment shall be made by the Town Council. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Leesburg, that David M. McDonald is hereby appointed Fire Marshal and the term of office shall be concurrent with that of the Council, and that the compensation be $450.00 per year. 27.2 • Minutes of March 9, 1964 Meeting. Mayor Rollins moved that the above sum of $450.00 be appropriated for this pur- pose and a unanimous roll call vote showed all being in favor of this motion. Mr. Dodd, Chairman of the Public Works Committee, gave a report on the con- dition of the driveway on FortiEvans. Road belonging to Mr. Gelston Bodmer and Mr. Ritter gave an estimate of the cost of this work. Upon motion of Councilman Dodd, seconded by Councilman Cole, Council voted unanimously to appropriate $170.00 to repair Mr. Bodmer 's driveway and authorized the Town Manager to in- struct him that, upon completion of this work, the responsibility on the part of the Town would cease. Mr. Ritter was instructed to investigate water flowing from a pipe across the sidewalk in front of the property of Miss 011ie Saunders on King Street. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the fol- lowing resolution was unanimously adopted : WHEREAS, the .Virginia Department of Highways prepared the plans for the improvement of State Route 773 (Deco Road) , including the storm drainage therefrom; and WHEREAS, the Town of Leesburg heretofore acquired certain property and easements on behalf of the Commonwealth pursuant to said plans; and WHEREAS, the aforesaid plans did not properly provide for the dis- position of the storm water resulting from the project in the ease- ments acquired; and WHEREAS, the property owners between Fort Evans Gardens Apartments and State Route No. 7 have been damaged over and beyond the extent to which easements were acquired: NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg do request the Virginia Department of Highways to study and take appropriate means to correct the storm drainage problems of those persons own- ing property along the northerly side of State Route 773 (Deco Road) between Fort Evans Gardens Apartments and State Route No. 7. Councilman Lowenbach, chairman of the Utility Committee, stated that the committee would try to meet the early part of next week with Mr. Jack Williams with regard to the sewage disposal problem and stated that the committee would recommend that a minimum amount of money be spent to bring the present sewage disposal plant to its utmost capacity. He stated that this committee hoped to have a recommendation ready for the next Council meeting. Councilman -Pumphrey reported on action taken at the Leesburg Planning Com- mission meeting held on March -5, 1964. There being no further business, the meeting adjourned with general consent at 9:20 P.M. Mayor Clerk of the Council