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HomeMy Public PortalAbout1964_09_14 .25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 14, 1964. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on September 14, 1964. The meeting was called to order by the Mayor and Councilman Pumphrey led the group in prayer. Those present were Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback and John W. Pumphrey. Absent from the meeting were Councilmen Maurice R. Lowenbach, Jr. and Robert A. Orr. Town Attorney George M. Martin was present. The minutes of the regular meeting of August 24, 1964 were approved by general consent. - Mn Henry Shields addressed the Council with regard to the leasing of the new Airport,. stating that he believed Council should give this matter the time, thought and recommendations of as large a group from aviation as could be had. He did not believe the Council should make a hurried decision on this matter, to which the Mayor replied that the Council was in no hurry on this matter and that the proper time and thought were being given. Mr. David Pearce presented to Council a petition signed by local flyers and business men, requesting that Council allow them time to form a corporation under- the name of Leesburg Aviation Corporation in• order that they might submit their bid to operate the Airport. Mr. James V. Mottley, a member of this group, asked if Council was looking for money derived from the operation of this Air- OD port, or whether they were looking for a facility that would bring industry or o some advantage to the County and the Town, stating that they wished to bring interested people into the area more than deriving money from it, as long as it is self-sufficing. Mr. Hammerly, Chairman of the Airport Commission, re- c.) plied that the Commission is interested in seeing good aviation on a self- sustaining basis. Mr. Hammerly then reported on the plans being made for the dedication of the new Airport on October 10, 1964, with festivities to begin at 11 :00 A.M. A discussion of the 'tying down of planes at the new Airport was had at this time. Mr. Forbes reported that he had conferred with Town Attorney George Martin re the Performance Bonds on Prospect Hills Subdivision and that they had found that the developer had fulfilled all obligations as requested in each bond, with the exception that he did not build sidewalks in Section 1-D. The bond covering this work has been cancelled. Mayor Rollins asked that Mr. B. Powell • Harrison be asked to attend the next meeting of Council on September 28th and explain why this bond was cancelled without authority from the Town. Mr. Forbes also reported that Walter L. Phillips, Jr. is agreeable to ac- cepting the appointment as Town Engineer , providing the Town revises its present Standards. Mr. Forbes stated that Mr. Ritter is in the proces?of revising these Standards, making them similar to those of Fairfax. Councilman Pumphrey reported that he had had several complaints about trash and garbage removal and Mayor Rollins ordered that Mr. Denlinger be present at the next meeting on September 28th. Mayor Rollins reported on the meeting with Mr. Kincaid re obtaining his land for the location of the proposed new sewage disposal facilities. Mr. Ritter was requested to have an answer from Mr. Kincaid re the purchase of additional land by September 24th. Councilman Pumphrey reported that he had had complaints about disturbances on East Royal Street. Mayor Rollins asked that this be referred to the Police Department to keep check on this situation. Upon motion of Councilman Cole, seconded by Councilman Fishback, the fol- lowing resolution was unanimously adopted: I hereby certify that I am the duly appointed and qualified Clerk of the Council of -the Town of Leesburg, in Virginia, and the keeper of the records and Corporate seal of said Town; that the following is a true copy of resolutions duly adopted at a regular meeting of the Council of said Town held at its offices at 12 West Loudoun Street, Leesburg, Virginia, on the 14th day of September, 1964, at 8:00 P.M. , DST, and that the following resolutions are now in full force and effect: d6 MINUTES OF SEPTEMBER 14, 1964 MEETING. • BE IT RESOLVED, that James W. Ritter, Town Manager of the Town of Leesburg, in Virginia, be and he is hereby authorized for and on behalf, and in the name of said Town, to : (a) Negotiate and procure a loan from The Peoples National Bank of Leesburg, Leesburg, Virginia, in the principal amount of $30,000.00, bearing interest at the rate of 4% per annum, pay- able on or before ninety (90) days after date; (b) Execute in such form as may be required by said Bank,• a promissory note in the principal amount of $30,000.00, bearing i interest at the rate of 4% per annum, payable to the order of 111 The Peoples National Bank of Leesburg, Leesburg, Virginia, on or before ninety (90) days after date, the interest and princi- pal of said note to be payable at The Peoples National Bank of Leesburg, Leesburg, Virginia; (c ) Sign said note for $30,000.00, for, on behalf of, and in the name of the Town of Leesburg, in Virginia; (d) That Dorothy B. Rosen, Clerk of the Council of said Town, shall affix and attest the seal of said Town to bhe above de- scribed note in the principal amount of $30,000.00. BE IT FURTHER RESOLVED, that said Bank be and it is hereby au- thorized and directed to draw its Cashier 's check to the order of "The Town of Leesburg, Virginia", for the- amount of $30,000.00 in payment of the proceeds of said loan, or said Bank shall and does hereby have authority to deposit the sum of $30,000.00 to the account of "The Town of Leesburg, Virginia", with said Bank; BE IT FURTHER RESOLVED, that the foregoing resolutions shall re- main in full force and effect during such time as the said note or any part thereof shall remain unpaid; BE IT FURTHER RESOLVED, that the Clerk of the Council of the Town of Leesburg, in Virginia, shall certify to said Bank that the foregoing resolutions are in accord with and pursuant to the Charter of said Town and the general laws of this State governing a municipal corporation; BE IT ALSO RESOLVED, that the Clerk of the Council of the Town of•Leesburg shall deliver a certified copy of these resolutions to The Peoples National Bank of Leesburg, Leesburg, Virginia. • • Mayor of the Town of Leesburg, in Virginia Clerk of the Council of the Town of Leesburg, in Virginia Upon motion of Councilman Cole, seconded by Councilman Fishback, the fol- lowing•resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the said $30,000.00 shall be deposited in the General Fund of the Town of Leesburg and is to be used for the paving of Wirt Street and First Street in Waverly Heights Subdivision, and for the paving of Lee Avenue and Davis Avenue, a part of said work having already been completed. Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, Council unanimously appropriated the sum of $19,674.31 to be paid to Tri-County As- phalt Company for the paving of Lee and Davis Avenue, however , payment shall be withheld until such time as the road has been fully and adequately in- spected by the Highway Department of the State 'of Virginia. 27 MINUTES OF SEPTEMBER 14, 1964 MEETING.. Town Attorney George Martin brought to the attention of Council that a right-of-way easement with the C & P Telephone Company had been recorded in the Clerk's Office under Mr. Ritter 's signature. He reminded that this should have been signed by the Mayor and should have had Council approval. The Mayor asked that Mr. Ritter explain to Council on September 28th why this was signed and recorded without Council approval. He also stated that the document is invalid without the proper signature. Upon motion of Councilman Pumphrey, seconded by Councilman Dodd, the fol- lowing appropriation was approved, with Councilman Cole abstaining from voting: Capital Outlay Streets Tree Removal Donohoe tree $140.00 Leesburg Florist tree 80.00 Upon motion of Councilman Fishback, seconded by Councilman Cole, the fol- lowing appropriation was unanimously approved : Capital Outlay - Sidewalks General Fund JO Consulting Engineer, locating 111 right-of-way on S. King between CD M_ Hutchison & Town Branch $ 80.00 U Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, the following appropriation was unanimously approved : Capital Outlay Utility Fund Johnson & Williams, final in- voice for engineering services on Water System Improvements $1,164.73 Upon motion of Councilman Cole , seconded by Councilman Pumphrey, the fol- lowing resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to ask for bids on the building of First Street from Route 15 to Wirt Street, and also Wirt Street from First Street to Route 15. The bids to meet State specifica- tions in all respects. Upon motion of Councilman Cole, seconded by Councilman Dodd, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Mayor be authorized to sign, on behalf of the Town, a Deed of Ease- ment and Quit-Claim Deed between the Town of Leesburg and Tri-County Electric Cooperative as follows: THIS DEED OF EASEMENT AND QUITCLAIM DEED made and entered into this 8th day of August, 1964, by THE TOWN OF LEESBURG IN VIRGINIA, a municipal corporation, hereinafter called Party of the First Part; and TRI-COUNTY ELECTRIC COOPERATIVE, hereinafter called Party of the Second Part; WITNESSET H: THAT WHEREAS, said Party of the First Part, The Town of Leesburg in Virginia, is the owner of certain tracts or parcels of land located about two (2) miles Southeast of the Town of Leesburg in Leesburg Magisterial District, Loudoun County, Virginia, said land and appurtenant airspace easements are known as the Leesburg (God- frey) Municipal Airport , and WHEREAS, said Party of the Second Part, Tri-County Electric Co- operative has a right-of-way for a certain electric power line across a portion of said land, and (� MINUTES OF SEPTEMBER 14, 1964 MEETING.. WHEREAS, it is the desire of the Parties hereto to accurately fix and determine said right-of-way across the lands of said Town of Leesburg in Virginia which are known as the Leesburg Municipal (Godfrey) Airport and are the same lands and interest in lands that were conveyed to it by the following conveyances, which are recorded in the Clerk's Office of the Circuit Court of Loudoun County, Virginia, to-wit : (a) Deed from Ruth W. Spitler, widow, dated May 11, 1963, and recorded in Deed Book 421 at Page 539 (b) Deed from B. M. Chamblin, widow, dated May 14, 1963, and recorded in Deed Book 421 at Page 548 • (c) Deed from Frank E. Saunders, widower, dated June 6, 1964, and recorded in Deed Book 436 at Page 293 (d) Clear Zone Easement from B. M. Chamblin, widow, dated May 14, 1963, and recorded in Deed Book 421 at Page 550 (e) Clear Zone Easement from Rita T. Norris, widow, dated November 12, 1963, and record- ed in Deed Book 430 at Page 427 (f) Clear Zone Easement from Frank E. Saunders, widower, dated June 6, 1964, and recorded in Deed Book 436 at Page 334 NOW, THEREFORE, In consideration of the above premises and the sum of One Dollar ($1.00) cash in hand paid, the receipt whereof is hereby acknowledged, said Party of the First Part, The Town of Leesburg In Virginia, a municipal corporation, does hereby grant and convey unto said Party of the Second Part, Tri-County Electric Cooperative, a perpetual easement and/or right-of-way for the installation, maintenance and repair of a certain under ground electric line and pole line electric line as more par- ticularly shown on certain plats and surveys of Knight and Mack- intosh, Certified Land Surveyors, dated June 22, 1964 and August 14, 1964, copies of which are attached hereto and the said Tri- County Electric Cooperative, Party of the Second Part, does here- by Quitclaim unto the 'said Party of the First Part , The Town of Leesburg in Virginia, all its right, title and interest in and to any other power lines or easements across or over said land and appurtenances including air space easements owned by the said Town of Leesburg In Virginia, which has been heretofore described as the Leesburg Municipal (Godfrey) Airport. • The Party of the Second Part reserves unto itself , and the Party of the First Part grants as a part of the consideration for the quitclaim of certain rights of the Party of the Second Part herein, the right to perform all repairs, replacements, maintenance, addi- tions, removals and relocations of said lines within said ease- ments without liability for resulting temporary cessation or limi- tation of use of the real estate traversed by said lines, or lia- bility for repairs, replacement or damage to any surfacing, struc- ture or other improvement as a result of such work by the Party of the Second Part, its agents, servants and employees relating to said line or lines. The Party of the First Part further covenants with the Party of the Second Part that should it be necessary to c ' perform such work upon the surface of the easements hereby granted, the Party of the First Part will terminate any activity across the surface of said easement which shall interfere with such work dur- ing the period thereof, provided, however, the Party of the Second Part shall give the Party of the First Part, or its proper offi- cials not less than 24 hours notice of an intention to perform such work. 2'9 MINUTES OF SEPTEMBER 14, 1964 MEETING. IN WITNESS WHEREOF , The Town of Leesburg has caused its name to be signed by Kenneth Rollins, its Mayor, and its seal affixed and at- tested to by Dorothy B-: Rosen, its Clerk and the said Tri-County Electric Cooperative has caused its name to be signed by C. Preston Poland, its President and its seal affixed and attested to by Clayton 0. Kephart, its Secretary, all of said Parties be- ing duly authorized to act this day and year first above written. TOWN OF LEESBURG IN VIRGINIA (SEAL) BY Mayor Attest: • Clerk of the Council , TRI-COUNTY. ELECTRIC COOPERATIVE BY (SEAL) President DO in Attest : O U Secretary V Mayor Rollins asked that Mr. Ritter notify Stanley F. Caulkins that Council would expect a financial statement from the Airport Commission at the next meeting on September 28th. . There being no further business, the meeting adjourned with general con- sent at 9:45 P.M. . C>F"-f-n'' e• /6;241/ I Mayor latr4-17-4-1 A. ICJ Clerk of tkrk Council -1 i PROPOSED LEESBURG AVIA-TION CORPORATION •• TO WHOM IT MAY CONCERN: We the undersigned are interested in forming a . corporation by the name of "Leesburg Aviation Corporation" In order to advance aviation in the Loudoun County and Leesburg area,; we feeltthat a local corporation composed of loca—] flyers, and business men would far out-distance an organization comming to Leesburg to dictate what aviation will be here in the future. We therefor propose to submit to the Airport Planning Commi=ssion, and Leesburg Town Council our proposal for operation of the new Arthur Godfrey Airport at the earliest possible date. CI) • \----\t,4\,- ) C.s4 C • ("77 14- ,if . PROPOSED LEESBURG AVIATION CORPORATION TO WHOM IT MAY CONCERN: We the undersigned are interested in forming a corporation by the name of "Leesburg Aviation Corporation" In order to advance aviation in the Loudoun County and Leesburg area, we feel that a local corporation composed of local flyers, and business men would far , out-distance an organization comming to Leesburg to dictate what aviation will be here in the future. We therefor propose to submit to the Airport Planning Commission, and Leesburg Town Council our proposal for operation of the new Arthur Godfrey Airport at the earliest possible date. ytaletj..,7) . 4- g /e-}PrC (dervist." 16c174/ : /7 . , ,_-- . g , it---c-P- 7:..t.; ..L..„ 3 .„ G