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HomeMy Public PortalAbout1963_04_13 275 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 13, 1964. A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, Leesburg, Virginia on April 13, 1964. The meeting was called to order by the Mayor. Those present were Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. A prayer was offered by Councilman Pumphrey. The minutes of the regular meeting of March 23, 1964 were unanimously ap- proved by Council. '"' 'Mr.. Albert S. Mullen was present and addressed the Council, requesting that improvements be made to South Street. Town Manager James W. Ritter, Jr. reported that two of the Deeds of Ease- ment required for the storm drainage project in the Woodberry-Edwards Ferry Road area had been returned. He stated that he had gone over the situation on the groundwith most of those involved and that the rest of the easements should be in hand before long. Mayor Rollins stated that Mr. Roland Flint, Manager of VEPCO, was very ap- preciative of the cooperation shown by the Leesburg Police Department in look- 00 ing after the VEPCO property during the recent strike. CM Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the L= following Agreement and Easement were approved by unanimous roll call vote : CC CC THIS AGREEMENT, made and dated this day of , 1964, by and between the Town of Leesburg, an incorporated town of the Com- monwealth of Virginia, by , its , party of the first part, and the Leesburg Volunteer Fire Company, a non-profit, non-stock charitable corporation organized under the laws of the Commonwealth of Virginia, by its Secretary, party of the second part, WITNESSETH: WHEREAS, the Town of Leesburg derives fire protection from the exis- tence of the Leesburg Volunteer Fire Company and accordingly it is beneficial to said town and the citizens thereof that the good works of the said fire company be promoted; and WHEREAS, the Leesburg Volunteer Fire Company has as its purpose for being, the providing to the citizens of Leesburg and Loudoun County of fire protection, and all of the activities of the said fire com- pany are undertaken with the objective of promoting that aim, either directly or indirectly; NOW, THEREFORE, each in consideration of the foregoing and of the covenants and undertakings herein contained and respectively agreed to, the party :of the first part and the party of the second part do agree : 1. The term of this agreement shall be for 5 years from the date hereof and thereafter. shall continue from year to year, unless either party shall . at any time subsequent to the expiration of 5 years from the date hereof give .to the other party six months notice of termi- nation in writing, in. which event the said agreement shall end six months from the date of such notice. 2. During the period of this lease, the Leesburg Volunteer Fire Company shall be entitled to sole and complete occupancy, rent and tax-free, of the present building which houses the fire fighting apparatus but shall be responsible for the upkeep, maintenance and repair thereof. 3. Upon the termination of this lease, the party of the second part shall surrender the premises to the party of the first part in good repair, fair wear and tear excepted. ; 4. Party of the second part shall have the right to make such alter- ations in or additions to the premises as shall be desired by it con- sistent with its continued use of the premises. .!y 7 Minutes of April 13, 1964 Meeting. 5. Upon the request of the party of the second part, the party of the first part will fill once each year, and refill when necessary, from the town water supply without charge, in a manner convenient to the party of the first part , the swimming pool which is owned by the party of the second part. All water used in any other manner at the swimming pool and its• related facilities shall be subject to the cur- rent water and sewer charges of the town. • 6. Party of the second part shall pay the party of the first part for all actual costs of lighting supplied for the ball- field lights while in use under the auspices of the party of the second part and the party of the first part shall pay all lighting service charges for said facility to the pertinent electric power company. The lights on the ball field shall be on a separate and independent meter. 7. At all times, the party of the second part shall be entitled to draw water without charge from fire hydrants located within or with- out the Town of Leesburg and a part of the Town water system as the party of the second part shall require in answering public service calls in the fire district of the party of the second part, both within the limits of the Town of Leesburg and in the County of Loudoun. • 8•. With respect to the present fire house only, the party of the ; second part shall be entitled to the free use of water from the water system of the party of the first part and shall not be charged for sewer service. The party of the first part shall have the privilege of taking such steps as it deems advisable to determine the amounts • of water so used. • 9. It is covenanted and agreed by both parties hereto that the equity which the party of the first part has in the fire fighting equipment of the party of the second part is Seven Hundred and Fifty Dollars ($750.00) . All of said equipment to which the party of the first part has or might have any claim, including specifically a Seagrave Truck, Engine #313433, and a Seagrave Truck, Engine #1120313T, upon the con- summation of this agreement shall become the exclusive property of the party of the second part and the party of the first part shall receive a credit in the amount of Seven Hundred and Fifty Dollars ($750.00) on the first annual payment to be made by it to the party of the second part as hereinafter provided. 10. Party of the first part shall donate annually, on or before De- cember. 15 of each year that the party of the second part shall ren- der services, to the party of the second part from the General Fund such sums as it sees fit for those services based upon the estimated population of the Town of Leesburg on the 31st day of December pre- ceding said payment, as estimated by the party of the first part. In determining donations, consideration shall be given to the fol- lowing schedule : Estimated Population Rate per capita First 3000 $1.00 • Next .2000 0.85 Next 5000 0.75 Next 10000 0.50 . 11. Party of the first part shall not be required to render any ser- vices to the party of the second part not specifically set forth herein. IN WITNESS WHEREOF, the party of the first part, in accordance with the laws in such cases made and provided has caused this instrument to be ' executed on its behalf by , its and the party of the second part, pursuant to corporate resolution 11%* properly adopted, has caused this instrument to be executed on its be- half by , its President and attested by , its Secretary. TOWN OF LEESBURG - By LEESBURG VOLUNTEER FIRE COMPANY Attested: By By President Secretary Minutes of April 13, 1964 Meeting. STATE OF VIRGINIA COUNTY OF LOUDOUN, To-wit : I, , a Notary Public in and for the County and State aforesaid, do certify that of the Town of Leesburg, its , party of the first part, and , President and , Secretary, of the Leesburg Volunteer Fire Company, party of the second part , whose names are signed to the foregoing writing, bearing date on the day of , 1964, have personally appeared be- fore me in my County aforesaid and acknowledged the same. Given under my hand this day of , 1964. My commission expires Notary Public THIS DEED OF EASEMENT, made and entered in to this day of April , pp 1964, by and between the LEESBURG VOLUNTEER FIRE COMPANY, a non-profit, Cr: non-stock charitable organization, organized and existing under the laws of the Commonwealth of Virginia, hereinafter known as the grantor, party of the first part; and the TOWN OF LEESBURG, an incorporated town CCCC of the Commonwealth of Virginia, hereinafter referred to as the grantee, party of_ the second part. WITNESSETH: For good and valuable consideration, the grantor doth hereby grant unto the grantee an easement for the use and enjoyment of the existing well facilities and the right to take water located on the property owned by the grantor fronting on the South side of West Loudoun Street, and the East side of Ayr Street, in the Town of Leesburg, Virginia, which property containsthirteen (13) acres of land, more or less, but this easement shall be limited to an area contained within so much of the property of the grantor as shall be encompassed by a circle, the center of which shall be the center of the well, lo- cated on said property and the radius of which shall be 60 ft. in ac- cordance with the following terms: (1) The right of the grantee to take water from the existing well facility shall not be limited in quantity. (2) The duration of this easement shall be limited to such period of : tunas the said well is used by the grantee as an integral part of its domestic water supply either in production or on a stand-by basis except that the right to the reserved easement on a stand-by basis only shall not exceed five (5) years. (3) To carry out the purpose of said easement, the grantee , its agents and employees shall have the right of ingress and egress across the other land of the grantor from West Loudoun Street and from the adjacent lands now belonging to the grantee in order to engage in all normal operations necessary for the safe and satis- factory use of said well or any facilities related thereto. (4) The grantee shall have a further easement co-existent in dura- tion with the easement hereinbefore stated for the purpose of laying and maintaining water lines and mains in their presently existing lo- cations on the aforesaid land of the grantor and the right of ingress and egress in order to install, maintain and operate the same. In the event that the grantee shall cease to use the said well as a part of its domestic water supply as previously stated herein, then all rights under this deed shall be terminated. �J3'•Minutes of April 13, 1964 Meeting. • IN WITNESS WHEREOF, pursuant to appropriate corporate authority, the grantor has caused this deed to be executed by its President, and attested by its Secretary. LEESBURG VOLUNTEER FIRE COMPANY Attest : ' By By President Secretary TOWN OF LEESBURG By ' STATE OF VIRGINIA COUNTY OF LOUDOUN, To-wit : I, , a Notary Public in and for the County of Loudoun, in the State of Virginia, do certify that President, and , Secretary of the Leesburg Volunteer Fire Company, party of the first part, and , of the Town of Leesburg, its , party of the second part, whose names are signed to the foregoing writing bearing date on the day of April, 1964, have personally appeared before me in my County aforesaid and • acknowledged the same. Given under my hand this day of , 1964. Notary Public My Commission expires: Upon motion of Councilman Cole, seconded by Councilman Orr, the following resolution was unanimously adopted : BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the following appropriations be made : 3100 - Advertising & Printing under Other Services and Supplies $100 - Advertising & Printing under Planning and Zoning 3500 - Equiiiment Maintenance under Streets $100 - Vehicle Maintenance under Utility Fund Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow- ing resolution was unanimously adopted : BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the following agreement, as amended, between Johnson and Williams and the Town of Leesburg be entered into and that the Mayor be authorized to initial said agreement in the name of the Town. AGREEMENT BETWEEN OWNER AND ENGINEER FOR • PROFESSIONAL SERVICES 1. THIS AGREEMENT, made this day of , 1962, by and between TOWN OF LEESBURG, VIRGINIA (Town of Leesburg Council and Mayor, Acting for the Town of Leesburg) hereinafter called the OWNER, and JOHNSON & WILLIAMS, hereinafter called the ENGINEER, WIT- NESSETH, THAT whereas the TOWN OF LEESBURG COUNCIL, Acting for the TOWN OF LEESBURG intends to construct WATER SYSTEM AND SEWERAGE SYS- . TEM IMPROVEMENTS. The term "Public Works" where mentioned hereafter shall mean Water System and Sewerage System Improvements. NOW, THEREFORE, in consideration of these premises and of the mutual covenants herein set forth for the construction of the above-named work as follows : 279' Minutes of April 13, 1964 Meeting. 2. The ENGINEER agrees to furnish and to perform, for the above- named work, the professional services hereinafter set forth: (a) Preliminary investigations, studies and reports, including preliminary plan or plans, estimates of approximate costs of con- struction, and suggestions concerning procedures of financing. Preliminary field work for design of the public works shall be included within the scope of the contract but shall not include property boundary surveys or line and grade surveys for construc- tion. Upon motion of Councilman Pumphrey, seconded by Councilman Cole, the follow- ing Ordinance was 'placed on the floor for discussion: BE IT ORDAINED, that Section 21-41 of the Code of the Municipality of Leesburg, Virginia, adopted October 28, 1963, be and the same is hereby amended by deleting after the heading "Persons not hold- ing State licenses" and from the first paragraph, "and not holding a State license in regard thereto" so that the section reads as fol- lows: Sec. 21-41 Professional Occupations. 00 Every person conducting or engaging in any of the following occu- ( 2 pations, in the municipality, shall pay an annual license tax equal CC to ten dollars and .4 per cent of his •gross receipts on the occupa- IC tion as hereinabove defined, in such occupation for the preceding calendar year. BE IT FURTHER ORDAINED, that Section 21-41, as amended, be and the same is hereby re-enacted and adopted effective as of July 1, 1964. BE IT FURTHER ORDAINED, that Section 21-42 be and the same is here- by amended by deleting "Persons holding State licenses" and to read as follows: Every person who has been conducting or engaging in' any of the fol- lowing occupations in the municipality for more than five years shall pay an annual license tax of fifty dollars ($50.00) on such occupation, and all other such persons who have been conducting or engaging in' said occupations for less than five years shall pay an annual license tax of fifteen dollars ($15.00) . BE IT FURTHER' ORDAINED, that Section 21-42, as deleted and amended, be re-enacted and re-adopted. BE IT FURTHER ORDAINED, that Section 21-36.2 Same - Dance be and the same is hereby repealed. BE IT FURTHER ORDAINED, that the sBction number 21-36.2 be and the same is hereby reserved for future enactments. BE IT FURTHER ORDAINED, that Sec. 21-34 be amended to read: Any person having anywhere in the municipality a coin-operated machine or device for amusement, used for gain, shall pay an annual license tax of one hundred dollars (5100.00) per machine. Upon motion of Councilman Orr, seconded by Councilman Pumphrey, the fol- lowing amendment to said Ordinance was unanimously adopted, to be inserted at the end of this Ordinance : BE IT FURTHER ORDAINED, that Article III Licenses Generally, Divi- sion 2, License Tax Schedule, Sections 21-33 thru 21-48 inclusive, as amended, of the Code of the municipality adopted on the 28th day of October , 1963 be and the same is re-enacted and re-adopted ef- fective as of July 1, 1964 for the fiscal year 1964-1965 and for each fiscal year thereafter beginning July 1 and ending June 30, until otherwise changed. 2.Su Minutes of April 13, 1964 Meeting. Upon motion of Councilman Lowenbach, seconded by Councilman Fishback, - an amendment was made to strike from the Ordinance the following section: BE IT FURTHER ORDAINED, that Section 21-36.2 Same - Dance be and the same is hereby repealed. BE IT FURTHER ORDAINED, that the section number 21-36.2 be and the same is hereby reserved for future enactments. After discussion on this matter, Mayor Rollins referred this amendment to the Laws and Administration Committee. The Ordinance was then unanimously adopted, as amended, as follows: BE IT ORDAINED, that Section 21-41 of the Code of the Municipality of Leesburg, Virginia, adopted October 28, 1963, be and the same is hereby amended by deleting after the heading "Persons not holding State licenses" and from the first paragraph, "and not holding a State license in regard thereto" so that the section reads as fol- lows: Sec. 21-41 Professional Occupations. Every person conducting or engaging in any of the following occu- pations, in the municipality, shall pay an annual license tax equal to ten dollars and .4 per cent of his gross receipts on. the occupa- tion as hereinabove defined, in such occupation for the preceding calendar year. BE IT FURTHER ORDAINED, that Section 21-41, as amended, be and the same is hereby re-enacted and adopted effective as of July 1, 1964. BE IT FURTHER ORDAINED, that Section 21-42 be and the same is hereby amended by deleting "Persons holding State licenses" and to read as follows : Sec. 21-42 Same. Every person who has been conducting or engaging in any of the following occupations in the municipality for more than five years shall pay an annual license tax of fifty dollars (850.00) on such occupation, and all other such persons who have been conducting or engaging in said occupations for less than five years shall pay an annual license tax of fifteen dollars ($15.00) . BE IT FURTHER ORDAINED, that Section 21-42, as deleted and amended, be re-enacted and re-adopted. BE IT FU'RPHER ORDAINED, that Sec. 21-34. be amended to read: Any person having anywhere in the municipality a coin-operated machine or device for amusement, used for gain, shall pay an annual license tax of one hundred dollars ($100.00) per machine. BE IT FURTHER ORDAINED, that Article III Licenses Generally, Di- vision 2, License Tax Schedule, Sections 21-33 thru 21-48 inclu- sive, as amended, of the Code of the municipality adopted on the 28th day of October , 1963 be and the same is re-enacted and re- adopted effective as of July 1, 1964 for the fiscal year 1964-1965 and for each fiscal year thereafter beginning July 1 and ending June 30, until otherwise changed. Upon motion of Councilman Pumphrey, seconded by Councilman Orr, the fol- • lowing resolution was unanimously adopted: BE IT RESOLVED, by the Town Council of the Town of Leesburg, that no refund is to be made to real estate agents or brokers who paid a business license under Sec. 21-41 of the Town Code of the Town of Leesburg adopted October 28, 1963, as no protest was made at the time the license was paid on the basis of an illegal tax. • z- 1 Minutes of April 13, 1964 Meeting. Upon motion of Councilman Cole, seconded by Councilman Fishback, the follow- ing resolution was adopted by a roll call vote of 4 to 3, Councilmen Orr, Pum- phrey and Mayor Rollins voting against this resolution: BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the Town Manager be authorized to advertise for bids for the collection of garbage and trash in Leesburg for fiscal year July 1, 1964 to June 30, 1965. Bids are to be opened publicly and shall be submitted to Town Council for their review and for award of contract. The Town Manager was instructed to advertise for bids, said bids to be opened publicly on a date set by the Manager and the Town Manager then turning over these bids to the Utility Committee, who will then bring them to Council for action. Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, a unanimous roll call vote showed all members of Council in favor of asking for trash collection three times a week from the business district and twice a week from residential areas when bids for trash collection are asked for. Upon motion of Mayor Rollins, seconded by Councilman Orr, the following resolution was unanimously adopted, with consent for immediate action being 00 agreed upon: C BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the Town Manager be authorized to advertise for bids for the re- 02 building of South Street between Harrison Street and the west end of the project on South Street in the Parker Subdivision, and that the Town Manager be authorized to advertise for bids to be opened publicly, with award of contract subject to Town Council approval. Council then authorized the Town Manager to advertise for bids on this work. Upon motion of Councilman Fishback, seconded by Councilman Orr, the follow- ing resolution was unanimously adopted: 111 WHEREAS, the George C. Marshall Research Foundation is in the pro- cess of raising funds for the establishment of a permanent memorial to preserve a lasting memory of the late soldier-statesman George , Catlett Marshall ; and WHEREAS, George Catlett Marshall chose Leesburg, Virginia as the town in which to make his home upon retirement from an active ca- reer of public service , participating fully in the activities of the community and endeearing himself to our citizens; and • WHEREAS, many of the citizens of the Town of Leesburg wish to participate in the memorial to be established by the George C. Marshall Research Foundation, and in so doing honor to the late General Marshall, it is also the desire to have the Town of Lees- burg identified as his home. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Loudoun County, Virginia, that the George C. Marshall Research Foundation be advised of the extreme interest shown by the citizens of Leesburg in the establishment of the proposed memorial to the late General Marshall and the desire of the Town of Leesburg -to participate therein; and BE IT FURTHER RESOLVED, that said memorial recognize the home of the late General George Catlett Marshall. 111 TOWN OF ESBURG. e Attest: By Mayor • Clerk Minutes of April 13, 1964 Meeting. Upon motion of Councilman Orr, seconded by Councilman Cole , the following resolution was unanimously adopted : BE IT RESOLVED, by the Town Council of the Town of Leesburg, that the Town Attorney and Town Manager be instructed to take the necessary steps to enforce the Town Business License Ordinance to the extent of utilizing injunctive proceedings. Upon motion of Councilman Pumphrey, seconded by Councilman Orr, the following Ordinance was unanimously adopted: WHEREAS, the Planning Commission for the Town of Leesburg in Virginia, hitherto at a regular meeting held oh December 5, 1963 did propose the following amendment to the Leesburg Subdivision Ordinance, for the pur- pose of holding a public hearing on such question and making recommenda- tions as provided by Chapter 28, Article 7, Section 15-967.7 of the Code of Virginia; and WHEREAS, the said Planning Commission caused a notice of a public hear- ing on the question of the following amendments to be published on the 19th day of December 1963 and the 26th day of December 1963 in the Loudoun Times-Mirror, a newspaper published in and having a general circulation in the Town of Leesburg, a notice in accordance with the provisions of Chapter 28, Section 15-961.4 of the Code of Virginia that the said Commission would hold a public hearing on the question, which public hearing would be held on the 2nd day of January 1964, and which notice designated the time and place of such hearing; and WHEREAS, the said Planning Commission did hold such public hearing and heard all persons desiring to be heard on the question of adopt- ing the following amendment to the Leesburg Subdivision Ordinance; and WHEREAS, the said Planning Commission thereafter considered the ques- tion of adopting the following amendment and at a regular meeting of the said Planning Commission held on the 2nd day of January 1964 the said Commission duly adopted and recommended to the Council for the Town of Leesburg, in Virginia, the enactment of the following amend- .. :menti ; and • WHEREAS, the said Council for the Town of Leesburg in Virginia, caused a notice of public .hearing on the following amendment to be published on the 16th day of January 1964 and the 23rd day of January 1964 in the Loudoun Times-Mirror, a newspaper published in and having a gene- ral circulation in the Town of Leesburg, a notice in accordance with the provisions of. Chapter 28, Section 15-961.4 of the Code of Vir- ginia that the said Council would hold a public hearing on the ques- tion •referred to it , which public hearing would be held on the 30th day of January, 1964 and which notice .designated the time and place of such hearing; and . WHEREAS, the said Council did hold such public hearing and heard all persons desiring to be heard on the question of enacting the following amendment to the Leesburg. Subdivision Ordinance; and WHEREAS, the said Council for the Town of Leesburg in Virginia did on the 31st day of January 1964 duly notify, in writing, the Plan- ning Commission for the County of Loudoun, in Virginia, of its in- tention to adopt the following amendment and requested the said Com- mission to.review and approve or disapprove the same; and WHEREAS, the said Commission for the County of Loudoun, in Virginia, did on the 31st day of March 1964, recommend approval of the follow- ing amendment, in accordance with the provisions of Section 15-967.2 of the Code of Virginia to the Board of Supervisors for the County of Loudoun, in Virginia; and WHEREAS, the said Board of Supervisors for the County of Loudoun, in Virginia, did on the 8th day of April 1964, duly notify the Coun- cil for the Town of Leesburg in Virginia of its approval of the following amendments, 2.83 Minutes of April 13, 1964 Meeting. NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of Lees- burg, in Virginia that the following amendment to the Leesburg Sub- division Ordinance be and the same is hereby approved and adopted: SECTION IV PHYSICAL IMPROVEMENTS OR FACILITIES A. IMPROVEMENTS OR FACILITIES REQUIRED. Improvements or facilities required by the Planning Commission shall beas follows: 1. Monuments at all corners, angles and points of curvature in the subdivision boundaries and in the right-of-way lines of all streets and other public spaces within the subdivision. Such monuments shall be of 4" X 4" concrete, stone or of iron pipe not less than 1" in diameter and 2 feet in length, set in concrete with the top not less than 1" nor more than 4" above finished grade. 2. Street improvements on any street not already in the State System of Highways, sufficient to qualify such street for OG acceptance into the State System. (See specifications) 3. Sidewalks on both sides of each street , whether in the State r., C, System of Highways or not, composed of concrete or brick not CC less than 4 feet wide and installed according to Town speci- fications but shall be required only as to the side of the street owned by the subdivider or developer. 4. Drains, culverts, curbs., gutters, ditches, catch basins, or any other facilities for the proper drainage and disposal of surface waters from or across all streets and adjoining prop- erties, as approved by the Resident Engineer of the Virginia Department of Highways and the Town Manager or Town Engineer. 5. Street signs, of an approved design, at all street intersections. 6. Water supply and distribution facilities, including fire hydrants as approved by the Town Manager or Town Engineer in accordance with Town specifications, wherever required by the lot sizes or character of development. • 7. Sewers and sewage disposal facilities as approved by the Town Manager or Town Engineer in accordance with Town specifications where required by the lot sizes, character of development or County Director of Health. B. PLANS, APPROVALS AND AGREEMENTS. Flans and specifications shall be submitted to the Town Manager or Town Engineer for approval prior to construction. All improvements or facilities shall be subject to final inspection and approval by the Town Manager or Town Engineer. The subdivider or owner shall execute the standard agreement for installation of physical improve- ments or facilities before commencing construction and shall convey all such improvements or facilities to the Town of Leesburg, Virginia in fee simple, before release of any performance bond or check. C. CONDITIONS FOR ACCEPTANCE OF PHYSICAL IMPROVEMENTS. Before final approval of the plat by the Planning Commission and recordation thereof in the clerk's office for Loudoun County the owner or developer of the subdivision shall : 1. Have installed all physical improvements or facilities re- quired under this ordinance and certify to the Town Council that the construction costs have been paid to the person or firm constructing the same, or 284 Minutes of April 13, 1964 Meeting. 2. Furnish the Town Council a certified check in the amount of the estimatedcosts of construction as determined by the Town Manager or Town Engineer from plans and estimates submitted by the owner: or developer on standard forms obtained from the Town Manager or Town Engineer, which sum shall be returned by the Town only upon completion and approval of the physical improve- ments or facilities, in strict conformity to the approved plans and specifications, or establish an escrow account of 150% of the estimated costs as determined by the Town Manager or Town Engineer from plans and estimates submitted by the owner or de- veloper on standard forms obtained from the Town Manager or Town Engineer, the sums of which shall be released as construc- tion progresses, and completion thereof is certified a's com- pleted by the Town Manager; the sums of which shall be jointly ' paid to the developer and the person or firm constructing the same. The escrow agent shall be The Loudoun National Bank of Leesburg, Virginia or The Peoples National Bank of Leesburg, Virginia, or 3. Furnish the Town Council a bond executed on the approved Lees- • burg Standard Form by an acceptable surety company in an amount sufficient to cover the estimated costs of construction as de- termined by the Town' Manager or Town Engineer from estimates submitted by the owner or developer on standard forms obtained from the Town Manager or Town Engineer , and conditioned upon the construction of such physical improvements or facilities in strict conformity to the said plans and specifications. The said plans and specifications shall be referenced in the said bond. The surety will be subject to the condition that the improvements or facilities will be completed within one- (1) Year after final approval of the final plat. Upon motion of Mayor Rollins, seconded by Councilman Fishback, the follow- ing resolution was placed on the floor for discussion: WHEREAS, rezoning of a certain tract of land has been requested in Broad Run Magisterial District fronting on State Route #7 opposite the entrance to the Sterling Park development in Loudoun County, for the purpose of erecting a service station, and WHEREAS, such rezoning is tantamount to spot zoning due to the fact that this area is presently zoned for residential development only, and . • WHEREAS, the erection `of such a service station in this vicinity would definitely increase the traffic hazard and further detract from the scenic beauty of this area, and WHEREAS, the Loudoun County Planning Commission has recommended ' to the Loudoun County Board of Supervisors that said rezoning be denied. NOW, THEREFORE, BE IT RESOLVED, that it is the consensus of the Council of the Town of Leesburg that the proposed rezoning of a tract of land in Broad Run Magisterial District for the erection of a service station should be denied, and that the recommendation of the Loudoun County Planning Commission be accepted. IT IS FURTHER RESOLVED that a copy of this resolution be forwarded to the Loudoun County Board of Supervisors. After discussion, a roll call vote showed 3 for and 4 against, those against this motion being Councilmen Cole, Dodd, Orr and Pumphrey, the resolution thereby being defeated. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the fol- lowing resolution was unanimously adopted: V35Minutes of April 13, 1964 Meeting. BE IT RESOLVED by the Town Council of the Town of Leesburg, that a sum of $50 be appropriated for the purpose of making two extra copies of Rust Engineering drawings on Water & Sewer Lines, and that these extra copies be stored for safekeeping in the vault of one of the local banks. There being no further business, the meeting adjourned with general con- sent at 9:10 P.M. --texeezie U I Mayor Gleno �' Clerk of e Council MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 27, 1964. , A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on April 27, 1964. The meeting was called to 00 0. order by the Mayor, who led the group in prayer. Those present were Council- IN men C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, (_; Jr. , Robert A. Orr and John W. Pumphrey and Town Manager James W. Ritter, Jr. CC and Town Attorney George M. Martin. • CC The minutes of the regular meeting of April 13, 1964 were unanimously ap- proved by Council. Mr. Stanley F. Caulkins of the Leesburg Airport Commission brought the Council up-to-date on the construction of the new Airport, stating that the project is 41% complete, and that $135,169.00 is on hand. He also stated that .negotiations were still under way with regard to the land to be purchased from Mr. Frank Saunders for an air space easement. IMr. Carleton Penn, Attorney for Mr. John Ours of Loudoun Properties, Inc. , asked Council for permission to handle the bond for Section II of Virginia Knolls in the same manner as it had been handled for Section I. Upon motion of Council- man Lowenbach, seconded by Councilman Pumphrey, Council voted unanimously to set up an escrow account under the joint control of the Town and Virginia Knolls, Section II, said escrow account to be in the full amount of the improvements to be made within Section II, as estimated by the Town Manager, and said account to be drawn upon as work is completed and approved by the Town Manager. Town Manager Ritter stated that the original maps of Rust Engineering Com- pany on Water and Sewer Lines have been placed in the vault of The Loudoun Nat- ional Bank for safekeeping. Mayor Rollins stated that he believed those persons who had not signed the storm drainage easements for the Woodberry Road-Edwards Ferry Road project by the 1st of May should be visited individually. Mayor Rollins stated that he had in hand a petition from residents of East Royal Street requesting that the road in that area be resurfaced. This was re- ferred for study to the Public Works Committee by the Mayor.. Upon motion of Councilman Dodd, seconded by Councilman Lowenbach, the fol- lowing resolution was unanimously adopted : I BE IT RESOLVED by the Town Council of the Town of Leesburg, that the firm of T. C. & L. A. Company of Leesburg be awarded a contract for the rebuilding of one block of South Street, from Harrison Street to the west endtbf the project in the Parker Subdivision, in accordance with their bid of $4,590.00. BE IT FURTHER RESOLVED, that the work is to be done in accordance with the specifications outlined in the Town Manager 's letter of April 14, 1964, copy of which is attached hereto and made a part of these minutes.. I', TOWN OF LEESBURG IN VIRGINIA Incorporated 1758 April 14, 1964 • - T. C. & L. A. COMPANY Box 629 Leesburg, Virginia Gentlemen : Bids will be received in the office of the Town Manager of the Town of Leesburg on April 23, 1964 at 4:00 P.M. for the rebuilding of one block of South Street, from Harrison Street to the west end of the project in the Parker Subdivision. The proposed proj- ect isroximatel work aPP ,/ 700 feet longi and the con- sists of scarifying, reshaping and stone added to the • existing 15 feet of base , ,so that the finished work will consist of 20 feet minimum width and 6 inches minimum compacted thickness of Aggregate Base Type 1 , Grading "B" or "C", and with 200 ./ per square yard of Type I-3 Surface Course , including prime and cover. All work is to be done in accordance with Virginia State Department of Highway Standards and shall meet their inspection and acceptance. Bids are to be submitted on a lump sum basis and shall include all quantities in place. Bidder is to state approximate time project can be started and approximate date of completion. Bidder will bear full cost of maintaining all work until final acceptance. • F -z_ April 14, 1964 • Successful bidder shall furnish the Town of Lees- burg a performance bond to cover the amount of the con- tract , and' shall also furnish a certificate of workmen's compensation insurance, and a certificate of public lia- bility executed by an approved insurance company. The Town reserves the right to reject any and all bids. Yours very truly, • 1 4. W. Rittr. • .m ager JWRJr/dbr I a • � I 1