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HomeMy Public PortalAbout1965_05_17 98 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 17, 1965 A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, Leesburg, Virginia on May 17, 1965. The meeting was called to order by the Mayor, with Councilman Cole leading the group in a moment of silent prayer. Those present were Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, 1 . . . . . Maurice. R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The Minutes of the regular meeting of May 3, 1965 were approved with gene- ral. consent. . Town .Manager. Ritter reported that he had talked with Mr. Paessler of the Water Control Board last Friday, at which time Mr. Paessler read to him a Hough draft of a letter that -will be mail'ed :to_ the Town, setting forth the fact that the Board had backed up the Staff 100 per cent and that .Leesburg must.. build-a_holding. pond now., He (Mr-. _Paessler.) suggested .that a formal pro--- . ._.._ . _'.gua, of- what. we. plan to dobe presented to the. Board at their meeting on July 20th. - . . ..Mr.. Ritter also reported that Mr. . Raflo's sewer had been connected to the sanitary, that the Pearson:sewer had been connected approximately- a month ago and . .. that the Adrian -property- is •not .on the storm drain, -but it has been found that the house .belonging -to -the Catholic Church on the ,corner :is on it. Councilman Cole asked if anything had been heard in regard to the A & P storm drainage, to which Mr. Ritter replied that a letter had been written to Scully and Woltz in Winchester, but no -answer has been received. Councilman Lowenbach asked if we have to build a holding pond, just exactly what will this do to the present plans for the sewer plant. It was decided that . the. .Town would be practically where they started from on this matter. Mayor Rollins reminded that bids will be opened in the Town Manager 's Office. . . . .. , .on.June_4th- at _2:00 .P.M. on the storm drainage-projects, said bids to be pre- _... .. .. sented -to Council at the next meeting. . • . . . Upon..motion of Councilman..Fishback, seconded by Councilman Pumphrey, the fol- lowing resolution was placed on the floor for. discussion: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that ne- gotiations be made for the purchase of the Dunn property adjacent to the Town Hall. Mr. Reginald K. Gheen of the Loudoun National Bank addressed Council, stating that he believed they could finance this purchase at less than'six per cent. It was pointed out, however, that interest at the rate of six per cent on the unpaid balance is one of the specifications of the Seller of this property. After more discussion, this resolution was unanimously adopted and Councilman Cole was asked to negotiate for the purchase of this property and report back at the next meeting, also to prepare to have the deed written. Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was presented for discussion: /BE IT RESOLVED, that' the garbage contract be awarded to Jesse Randolph • on a 2 year basis., as per his bidand in accordance with the Amendment to Term of Contract. . Councilman Cole moved to. amend the Term of Contract to add the following: (c) . The additional units for the year 1966-1967 in excess of 1965- 1966 shall be determined by the Town Manager. This motion was seconded by Councilman Dodd and unanimously carried. A roll call vote was then taken on the resolution, as amended, showing all in favor of awarding the-contract, as amended, to Jesse Randolph. (Copy of contract attached hereto). Upon motion of Councilman Pumphrey, seconded by Councilman Dodd, the follow- ing resolution was uhanimously adopted: • BE IT RESOLVED by the Town Council of the Town of Leesburg, that an ap- propriation be made in the sum of $300.00 to the Insurance Fund in order to pay off outstanding bills. 99 MINUTES OF MAY 17, 1965 MEETING. . Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the - ' following resolution was unanimously adopted:. . BE IT RESOLVED, that James W. Ritter, Jr. , 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. Loudoun National Bank of . Leesburg, Leesburg, Virginia, in the principal amount of $29,000.00, bearing interest at the rate of k% per annum, payable- on or before six months after date; .. ..(b) -Execute- in such form as- may berequired by said Bank, a promissory ' -. note in -the- principal amount of $29,000.'00,- bearing interest at the rate . . .. .. . of. 4% per annum, payable to the order of The:Loudoun National Bank of Leesburg, Leesburg, Virginia, on or before six months 'after date, the interest and principal of said note to be payable at The Loudoun National Bank of. Leesburg, Leesburg, Virginia; (c) Sign said note for $29,000.00 for, on behalf of, and in the name of the .Town of Leesburg;, in Virginia;. 00 (d). That Dorothy B. Rosen, Clerk of the Council of said Town; shall u✓ ..affix and-.attest the seal-of. said. Town to the above described notein O . the principal amount of $29,000.00. C: BE IT FURTHER RESOLVED, that said Bank be and it is hereby authorized and directed to draw its Cashier's check to. the order of "The Town of . Leesburg, Virginia", for tile- amount of $29,000.00 in payment of: the proceeds of said loan, •or said Bank shall and does hereby have authori- ty to deposit the. sum. of $29,000.00 to the account of "The Town of Lees- . • • burg, Virginia", with said Bank; • .3E IT FURTHER RESOLVED, that the foregoing resolutions shall remain`•:.- 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.-cor- poration; 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 . Loudoun 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 Councilman Fishback .suggested that a release of mechanic 's liens be secured from the E. E. Lyons. Construction.Co. before the money is appropriated to"pay this bill. • The Proposed Budget for 1965-1966 was then discussed, with the following action being taken on various items -of same: Councilman Cole moved to delete $400.00 from Parking Meter Maintenance under Item G8, leaving $100.00 for same. This motion was seconded by Councilman Fish-. back. Councilman Orr noted that approximately this money had been spent in 1963 and 1964. A roll call vote on this item then showed 5 against the motion and 2 for it, those being in favor of this motion being Councilmen Cole and Fishback. Thus the amount of $500.00 was left in the Budget for Parking Meter Maintenance. 100 . . . _MINUTES OF MAY 17, 1965 MEETING. .- . Councilman Cole asked if the water tank hadbeen checked to see if it needed painting this year. Mr. Ritter stated that it had been checked and a ' very slight coat. of. rhst is- in the. tank.•but- that the five years will not be up ..until September,-=:1966. and he did not see any need to_ paint it_this year. . . . . - Councilman Fishback_moved- that .an .item for the Purchase, of the Phillips Well ' at an amount of $10,000.00 be included in Item H, Capital Outlays. This motion . was seconded by Councilman Cole and a roll call vote showed 5 in favor and 2 . .against, those voting against it being Councilmen Lowenbach and Pumphrey. Councilman Fishback moved that the Budget be tentatively adopted and this motion was seconded by Councilman. Orr, but Councilman Fishback later withdrew this motion at this time.. . . Councilman Cole, stated that Section. N4 of the Budget .would be unnecessary. . Upon motion of Councilman Fishback, seconded by Councilman Cole, it was decided to delete $6,000.00 - Reserve to apply on Proposed Bonds, from Section N of the Proposed. Budget, and•.to.add. onto Section. J_ the. amount of $7,000.00 .- Interest on Proposed G. .0. Bonds. This motion was unanimously adopted. .Councilman -Fishback againmovedthe tentative adoption of the Proposed Bud- . ge.t,. this -motion, being seconded by Councilman Orr and unanimously approved. . . .Upon motion of Councilman Pumphrey, Council voted unanimously that a tenta- _.__. _ _..... _.tive..tax.rate bet.set .at_ $.60 for real estate and. $1.00 for personal property. Mayor Rollins reminded Council that the Board of Supervisors would be meet- ing on Tuesday at .1 :00 P.M. , at which time the appropriation for cutting down the hill. on W. Loudoun Street just west of Dry .Mill, Road would be considered. • _ . . Councilman_Pumphrey called to the attention of Mr. Ritter the fact that he had had several complaints about beer cans along Sycolin Road and Catoctin Circle. Upon motion of Councilman Dodd, the meeting adjourned at 8:40 P.M. 41..ii7t Mayor • Al_c_rd / t Clerk of tie Council • • • • CONTRACT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE COLLECTED IN .THE TOWN OF LEESBURG This contract', .made aad_entered •into Xhisclee day of ?29A- , , 1965', by and between the Town of Leesburg, Virginia, a unicipal L poration, hereinafter referred to as the "Town" and . e a/ o ,,,/o� ,' doing business as _. Je ss, c .q o . , an individual or a company, 'hereinafter referred to as the "Codtrac-tor." WITNESSETH: WHEREAS; pursuant,•to and in accordance-with the provisions of the. Code of the 'Town•of .Leesburg,. Virginia, and its Charter does hereby auf . - thorize the Contractor to collect. and transport refuse and garbage pro ! . duced, kept and/or accumulated in the Town of Leesburg; and WHEREAS, the Council of the Town of Leesburg has found and deter- mined that the public peace, health and safety in the Town of Leesburg will be preserved and promoted by the execution of such contract, sub- ject to and in accordance with applicable laws and ordinances; • a NOW, THEREFORE, for and in consideration of the payments set forth, covenants, promises, undertakings and obligations herein granted, made • and assumed by the parties hereto, each to the other, the parties hereto agree as follows: . • 1. Term of Contract The Town grants to the Contractor for a period of two. (2) years, commencing July 1, 1965 and .ending June 30, 1967, to collect and dis- • pose of all refuse and garbage as herein defined-, produced, kept and/ or -accumulated in the Town. Payment is to be mado -to the Contractor in the sum of $1,775.00 per month for the first year, beginning July 1, • 1965, and all refuse and garbage isto be disposed of in the Contractor 's landfill. Prior to July 1;. 1966, an adjustment will be made to the Con- , tractor's payments for the second year, over and above $1,775.00 per month on the number of units' in existence from which garbage and refuse is being picked up at that time, over and above the number of units in existence as of July 1, 1965, and on the following schedule; • (a) -Ten cents (lot) per unit for .each regularly scheduled pick-up -. day on Residential. The term "unit" is defined as being "dwelling" or , "apartment". ' - (b) Twenty cents (200) per unit for each regularly scheduled pick- up day on Bhsiness. The term "unit" is defined as being store, filling station, etc•. (c) The additional units' for the year 1966-1967 in excess of 1965- ,• 1966 shall be determined by the Town Manager. • • • / - / 2. Definition The terms "garbage", "refuse" and "rubbage" shall be construed to have the same meaning. The word "Town" as used in this contract shall mean and include all the territory lying within the municipal boundaries of the Town of Lees- burg. The term "place or premises" shallobe taken to mean every residence, house or living unit within the Town of Leesburg. The "Town Manager" shall mean the duly appointed Town Manager of the Town of Leesburg, State of Virginia. Whenever the word "Contractor" is used herein, it -shall be and is mutually understood to refer to the party or parties contracting to perform the work under this contract or the legal representatives of such party or parties. 3: Work to be Done IThe work to be done under this contract shall consist of furnishing ' I personnel; labor and equipment required for the collection and removal to the Contractor 's- disposal area of refuse accumulated within the cor- porate limits of Leesburg and the attached specifications set forth in the bid proposal are herewith made a part of this contract. The Con- tractor shall at all times provide sufficient men and motor vehicles necessary to perform the work in a manner satisfactory to the Town Man- i . ager. 4. Assignments _ The Contractor shall not assign this contract, or any interest therein, or any privilege .or right granted therein without the con- sent of the Council of tho Town of Leesburg first had and obtained, ill and then only to a person or persons approved by the said Council and subject to such terms and conditions as such Council may require. A , I . consent to one assignment shall not be determined .to be a consent of any subsequent assignment. Any 'assignment without such consent of the Council; and approval, 'shall be void and shall at the option of the ITown terminate this contract and the privileges granted therein. 5. Subcontractor - The Contractor shall not subcontract all or any portion of the work or business which he has contracted to perform without the written con- sent of the Town Manager. -2- • 6'. Litigation In the event of any litigation arising out of a breach of said con- tract in which the Town of Leesburg is the successful party, the Con- tractor shall pay to the Town any and all costs and expenses in con- nection with such litigation, together with any and all attorney fees which the Town may be required to pay in connection with such litiga- tion. 7. Payments to the Contractor The Town shall pay to the Contractor on or before the 10th day of each month 1/12 of the total yearly contract: 8. Performance a Condition This contract and privileges herein granted to the Contractor is and are conditioned upon the faithful performance by the Contractor and by each,and every one of his subcontractors', if any, of each and all of the covenants and provisions herein agreed .to be performed by the Contractor or required to be performed by his subcontractors', and the payment of all license fees and other monies herein agreed to be paid by the Contractor. J: Termination of Contract In the event the Contractor defaults in the performance of any of the covenants or agreements to be kept', done or performed by it under the terms of said contract', the Town shall give said Contractor ten (10) days' written notice by mail, setting forth the default and if said Contractor fails, neglects or refuses for a period of more than ten days thereafter to make good or perform the default, then the Town, without further notice and without suit or other proceedings; may .can- cel and annul the rights and privileges granted in this contract'. 10. Heirs: Successors, etc'. The terms, covenants and conditions of this agreement shall apply to and shall bind the heirs, successors, executors', administrators, assigns and subcontractors of the Contractor. 11. Faithful Performance Bond Upon execution of this contract', Contractor shall furnish to the Town and shall file with the Town Manager of the Town a corporate surety bond approved by the Town Manager, and approved as to form by the Town Attorney of the Town, executed by the Contractor as principal and by a -3- I corporate surety as surety, in the sum of 100% of the bid, conditioned upon the faithful performance by Contractor and his subcontractors, if any, of this contract. In lieu of such bond, Contractor may provide the Town with such other security for faithful performance as may be approved by the Torn Manager. 12. Workmen's Compensation Insurance Contractor and his subcontractors; if any shall obtain and maintain in full force and effect throughout the entire term of this contract full workmen's compensation insurance in accordance with the provisions and laws of the Commonwealth of Virginia. Contractor shall immediately inform the Town of any cancellation, withdrawal or change of any such insurance; 13. Public.Li.ability Insurance Contractor and his subcontractors, if any, shall at their expense obtain and maintain in full force and effect throughout the entire term of this contract public liability insurance approved by the Town Manager and approved as to form by the Town Attorney, policy or poli- cies to insure said Contractor and his subcontractors and the Town, its officers, agents and employees, and each of them against liability , for bodily injury or death of any person or persons and for any prop- erty damage arising or resulting from the operation of the Contractor or his subcontractors. Minimum bodily injury or death coverage pro- vided by said- insurance shall be $100,000 bodily injury or death, each ' porson, and 3300,000 bodily injury or "death of two or more persons, per each occurrence. Property damage shall be a minimum of $50,000.00 for each occurrence.: Policies shall be filed with the Town Manager of said Town Within five_days after the date of this contract. The poli- cy of insurance shall contain a provision stating that said insurance is primary coverage and will not be cancelled by the insurer except after filing with the Town Manager of the Town twenty (20) days written notice of. any cancellation so proposed. 14. Contractor to Indemnify and Hold Harmless the Town Contractor shall indemnify and save harmless the Town, its officers, agents and employees, for and from any and all loss, liability, claims, demands, actions, or suits of any and every kind and description, aris- ing or resulting from or in any way connected with any operations of the Contractor or his subcontractors in exercising any license or privi- lege granted to him by this contract by the Town, or arising or result- ing from the failure of the Contractor or his subcontractors to comply in all respects with the provisions or requirements of this contract. Contractor shall, upon demand of the Town, at his sole cost and expense, defend and provide attorneys to defend the Town, its officers, agents and employees against any and all claims, actions or suits brought a- gainst the Town, its officers, agents and employees, arising or result- -4- ing from or in any way connected with the above=mentioned operations of the Contractor or his subcontractors or his subcontractor's .fail- ure, to comply with this contract. IN WITNESS W£EREOF, Town. and Contractor have executed this contract by their officers first thereunto duly authorized the day and year first above written. TOWN OF LEESBURG, VIRGINIA Attest: • � .. 4 wn Un Manager-7 Town. 0 rk . CO:ITReuTOR • BYt �,�-� c "pi Approved as to Fora: �/ , ' Titter Town Attorney + • -5-