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