Loading...
HomeMy Public PortalAbout1965_10_13 152 MINUTES OF REGULAR MEETING OF -LEESBURG TOWN COUNCIL, OCTOBER 13, 1965. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on October 13, 1965, the meeting being called to order by the Mayor and Councilman Pumphrey leading the group in prayer. Those present were Councilmen C. A. English Cole , C. Maloy Fishback, Maurice R. Lowen- bach, Jr. , Walter F. Murray, Robert A. Orr and John W. Pumphrey; also Town Mana- ger James W. Ritter , Jr. and Town Attorney George M. Martin. The minutes of the meeting of September 22, 1965 and the special meeting of October 2, 1965 were approved with general consent. The scheduled Public Hearing on the 5900,000 Bond Referendum was held at this -time, with Mayor Rollins explaining to those interested persons in at- tendance that this bond-issue will be voted on by the citizens and qualified voters of the Town -on November 2, and that this is authorization only for the Town to sell bonds up to $900,000 for the expansion of sewage treatment facili- ties in the municipality. Mayor Rollins gave a brief background on the reason for this bond issue, stating that he believed the citizens of the Town realized that the sewage treatment facilities must be increased, and that the Council has attempted to accomplish this, first, by expanding the facilities, and, second, by getting the plant out of the corporate limits eventually, this to be undertaken in two stages. The first stage of this program will be -undertaken with the sale of this $900,000 in bonds, -the workto be performed including-the purchase of land about two miles east of Leesburg on the Kincaid property, on which will be built a holding pond, a requirement by the Virginia State Water Control Board and the Virginia Health Department; to build an interceptor line from the present plant down to this holding pond; to build the Dry Mill Interceptor Sewer; and to make improvements to the present plant. There will be a second stage in the fu- ture , which will mean either building a new plant on the Kincaid property or con- necting with the Potomac Interceptor Sewer. Mr. Frank Raflo addressed the gathering, remarking first that he had. observed, through a very quick survey of the Town audit, that the Utility Fund shows a re- markable increase from June 30, 1962 to June 30, 1965 , revenue from service grow- ing from $52,000 to $92,000, an increase of roughly 80 per cent, while operating costs have increased only from $35,000 to $37,000, an increase of only 3 per cent. Mr. Raflo asked questions of the group, first being how many homes are on the present facilitiy, to which Mr. Ritter replied that there are around 1100 con- nections serving approximately 4,000 people. His next question was "How many people will it serve after spending this money? Mr. Jack Williams, the Town 's consulting engineer on this project , answered this question by stating that the first phase of this program is somewhat hybrid; that some components will serve the ultimate population and others will serve the immediate requirements. He stated that the repairs to the existing plant will enable that plant to operate at a more efficient pace and will probably be able to serve 1.,000 to 2,000 more people. The holding pond will be built for 6,000 people. The interceptor sewers will be built for the ultimate population projected for the watershed to the year 2,000. Mr. Raflo asked how much of this facility being built will be permanent money-wise. Mr. Williams replied that the repairs amount to an estimated 369,000; the Dry Mill Interceptor, which will be built to serve the ultimate population, is estimated to cost $163,000; the Tuscarora Interceptor, which will be designed and built for the ultimate development, will be roughly $500,000. He said that the money spent on the components of the sewer plant which will be : temporary would be roughly $69,000, which is only a small part of the total. Mr. Raflo 's next question was "What is the anticipated interest rate on $900,000 and what is the annual plan for repayment?" Councilman Cole answered this question, saying that it is very difficult to tell what an interest rate is going to be several months hence. He would say roughtly, at the most, 3) %, payable over a 20-year period in equal installments, beginning in 1967. Mr. Raflo asked if any projec- tion has been made as to what effect this will have on the Town 's water and sewer rates. Mr. Cole replied that he would guess it would come close to doubling the rates. Mr. Raflo asked if this plan has the full approval of the Water Cohtrol Board, etc? The answer was "Yes. " He then asked if there were any other plans if this referendum is turned down and the reply was "No." Mr. Hawpe Adams asked if any tax increase was anticipated. Mayor Rollins replied that this will not be hooked onto the tax rate, but will be paid back by water and sewer revenues. Mr. Douglas Pratt asked many questions, with most of them being answered by Mr. Jack Williams. They are as follows : r 1-53 MINUTES OF OCTOBER 13, 1965 MEETING. Q. On holding ponds, are they intended to receive treated effluent? A. Yes. Q. Phase 1 does not include any treatment plant? A. No. Q. Would repairs preclude future bypassing of raw sewage into these hold- ing ponds? - A. No, it still could be done. The holding pond is a requirement under an agreement reached between the Water Control Board and the State Department of Health in Maryland and all sewage plants between the Monocacy River and Little Falls have to have this treatment. . Q. Holding ponds are intended to receive treated sewage? A. In the event something was wrong at the plant or exceeded the capacity of the plant, that amount would be bypassed through the holding pond. DID Q. What would cause it to exceed the capacity of the plant? ltD o A. Any unusually hard rainfall could cause this. The sewer system is 35 years old and in some instances more. Eventually, over a long-range program, O the sewer system will have to be repaired and replaced. . Q. Has the Loudoun County Sanitation Authority been consulted technically .or otherwise as to the current proposal or long-range proposal as an advisory . or informative matter? A. We have been in touch with them on numerous occasions. They have re- ceived copies of all reports prepared by our firm. I have consulted with their Director on at least ,three different occasions. Q. Have they replied to your reports? A. Yes, as to whether they would be in a position to share the cost of some of these facilities that would ultimately .serve part of the County. They said they are not in position to participate in this program at this time. .Representatives were at the hearing .at the Water Control Board. Q. Was this hearing advertised for public hearing in the newspaper? Mayor Rollins: Yes. Q. Has there been any explanation published in the Loudoun Times-Mirror or other media in the County explaining what is being proposed as to what these monies will be used for, how it is to be repaid, etc? Mayor Rollins: I have made no statement and plan none. Mr. Pratt : I would suggest that this be done to inform the taxpayers what will be done with their money. . • Mr. Raflo then again asked questions of Mr. Williams, as follows: Q. The population of Leesburg has grown from 2870 to under 5,000. At the present rate of growth, at what point will we have to have another bond issue and how large? A. We would anticipate, depending on what stress the Federal Government puts on pollution control, probably Leesburg .will be eligible for substantial financial assistance. _ I would guess that probably within the next 5 years, Leesburg will again be faced with expanding its sewage facilities. ,At that time, the present plant will probably have been expanded, etc. to its practicable limit. It will have to consider more sophisticated systems to dispose of its sewage, either a new plant on the Kincaid property, or if the Loudoun County. Sanitation Authority is at that time in a position to assist the Town, there may be a joint project, whereby we could go to the Potomac Interceptor. Five years from now, the Town and the Sanitation Authority may be in a better position to undertake such a joint project. tat MINUTES OF OCTOBER 13, 1965 MEETING. Q. Then the present plan is the best for the Town? A. I think this is as far as the Town can go at this point. I -think this plan does go in the direction of future expansion. Our report three years ago said that if the program went in one stage, it would be more practical to build its own sewage treatment plant, but this is too much for the Town to take on. • Mr. Paul E. Bengtson, Assistant Director Engineer of the Loudoun County Sanitation Authority, stated that the Authority certainly is not in a position to get in and help at this time, that he believed they were more concerned with Phase 2 of the program. I Mr. Carleton Penn, representing Loudoun Properties, the owners of over 100 acres that is zoned for Town houses, and which community has some 40 or 50 homeowners, and also representing Brandon, stated he would like to express their opinion on this situation. He stated that it was not a direction from the Water Control Board that this expansion program be undertaken, but an ultimatum. He said that Brandon alone plans to build 150 homes a year and that he believed the people of the Town know what other growth is going on in the Town; that Walter Phillips ' subdivision lots are sold; and that Frank Myers has sale for a lot more of his. He said that Leesburg is in for enormous growth and that we cannot stifle the Town. Also, there is another side to this, the present sewer plant smells, the people who live in the area can tell you how it smells when the hu- midity is bad and the -air is heavy. He said he believed Mrs. Niman, -a resident of Brandon, wrote a letter to Beltsville with regard to flies coming up out of the kitchen drain. Mr. Ritter said that this is known as the psychoda fly and that it does breed around plants such as the sewer plant and that there are a lot of them out there. Mr. Penn said that he believed the report from the Public Health Department pointed out that these flies sometimes carry intestinal diseases. Mr. Ritter agreed that this was true of the report from the Health Department. Mayor Rollins thanked Mr. Penn for the support of the Bond Issue and stated that he hoped the Town and the people realize these are reasons why we are tak- ing this initial step to get -the plant out of Leesburg, to put it where it should be in the future. He also said that he did not mean to cut Mr. Pratt short with his statement as to the fact that he planned to make no statement. He said that he believed the press had given ample coverage of this situation for the past several months as to what the Council has been considering and as to what this money will be spent for. Also, the radio has given it ample coverage. He said that he knew the Times-Mirror had had several long articles concerning this. This is the purpose of a public meeting. He said that he disagreed with Mr. Cole, that he did not anticipate any change in the water and sewer rates, certainly not until 1967, and he could almost assure the Town of this. After that -time, it . will depend on how fast the Town grows. If we grow fast, the economy will be pro- ducing more and there will be more revenues. He did not see any change in the water rate before 1967. Mr. Cole said that he assumed the question in regard to the rates meant when we started paying off the bond issue. He said the projection of growth is about 10 per cent per year and has been for the last 3 or 4 years. Mr. Dewey Hill of the Dry Mill Subdivision asked if there was any sewer line proposed for the subdivision in which he lives within this bond issue. The reply was that there is not. Councilman Fishback said he would like to see the whole Town have sewage facilities, but at present there is no money available for this. He said that if the Mary Ann -Farms Subdivision was developed, the line would be closer and that there would be no way to serve the Dry Mill Subdivision with sewer unless it went through Mary Ann Farms or a pumping station was -installed. Councilman Lowenbach stated that there had been proposals presented to Committee, and perhaps to the Council , of the development of sewer line through Mary Ann Farms, which would come up and develop John Allen Johnston 's and Si Phillips' property and Frank Myers' property. This has every possibility in the future but it is not in the immediate plan. Councilman Fishback said he believd they would have -sewer before too many years. Mayor Rollins said it would cost be- tween $50,000 and $80,000 to get sewer out there. • Mr. Hunter Leach asked the following question of Mr. Williams: What would it cost to condition the sewer in the Town of Leesburg tonight to be acceptable to the Potomac Interceptor ,standards? Mr. Williams answered by saying that their standards are pretty rigid and that he would have no idea of such cost. It would require rehabilitating the whole system and he did not believe anybody could make that estimate. • Thus the Public Hearing ended at approximately 8:45 P.M. 155 MINUTES OF OCTOBER 13, 1965 MEETING. Mr; Pratt asked what the current status is on the Town Dump. He was told that a motion to move it to Watson was made at last Council session, but that motion was tabled and will be acted on tonight. Town Manager Ritter gave his report, •stating that, in regard to one-way streets, he had written to Mr. Bozel asking several questions .and that perhaps Council would not like to act on this tonight, but wait for Mr. Bozel 's answer. He said he thought it important that we know the answers to the various ques- tions asked Mr. .Bozel before any action is taken on the one-way street matter. Also, he called attention to a letter from Stone and Webster asking for permis- sion to park a trailer at the Texaco Station on W. Loudoun Street for approxi- mately six months and said that the Town Code prohibited the parking of trailers, except in a trailer court. Councilman Fishback inquired if any progress has been made on getting esti- mates to put- the-Phillips-Nickels Well into operation. Mr. Ritter said that Sydnor Pump and Well Company were supposed to be here within a week. Also, Mr. Fishback wanted to know approximately how long it would be before Loudoun Street is open to traffic. Mr. Ritter said it would probably be the first -part of next week. Councilman Cole asked if the water conditions at the A & P lot had been LC] checked. Mr. Ritter said that they were checked during a heavy rain last week, O but that they could tell nothing about it; that all the water , plus the sewage, is covered and could not be seen. They did time it to see how often the pump came .on and how long it ran, but they could not tell how much was infiltration and how much was sewage. He said they would have to open up the sump to de- termine this, and this could only be done with the permission of the owners. Councilman Fishback remarked that there is a spring at Newton's house just above . this which probably also flows into this pipe. Councilman Pumphrey asked who determined the size of the storm drainage pipe being put in from M & G Motors down. Mr. Ritter said that he did and that he believed the pipe to •be adequate, that it is much larger than the one that had been there. Mr. Walter Bratkiw, representing Stone & Webster Engineering Corporation, asked Council for approval to park a trailer on the Texaco Station lot for ap- proximately six months. He stated that it would be used strictly as an office and that no washroom facilities would be hooked up, that they have numerous crews working from there and employees park their cars there. They are building a transmission line for VEPCO. Councilman Fishback said he believed there should be some place in our Ordinance to allow this type of thing, that no big job could be run without some office space of some sort. Mayor Rollins referred this matter to the Laws and Administration Committee and stated that Council would act on this request at the next session. Mr. James Kinne of the Blue Ridge Aircraft Corporation presented the lease to Council for consideration on the tract of land at the Airport which this cor- poration wishes to lease. Mayor Rollins referred this to the Airport Commission and -to the Town Attorney for approval, asking them to bring back a recommendation at - the next session of Council. Councilman Cole asked that a statement of fi- nancial responsibility also be presented to Council by this organization. • Mr. B. Powell Harrison 's request for an agreement between the Town and the Loudoun Country Day School to extend the water line was discussed at this time. Councilman Fishback explained that the Utility Committee had discussed this mat- ter and he explained to Council exactly what the School would like to do in re- gard to extending this line. The School would agree to ruh 150' ofthis line, provided ' the Town would run the other 100' to the corporate limit; then the School will put in the 13/2" meter and run the line the other 750' at their ex- pense and they will maintain this part of it. The line within the corporate limit would be 6-inch line and would be dedicated to the Town. At such time as the farm would be sold or the land developed, the agreement would become null and void and the land would be subject to the Subdivision Ordinance. Mr. Harri- son explained that the spring they were using at the School went dry two years ago and that they dug a well, and this has now gone dry, so water is needed very badly. Councilman Lowenbach said he did not see in the agreement any dedication of the line back to the Town, nor any clarification that there would be no other 156 MINUTES OF OCTOBER 13, 1965 MEETING. • • building hooked onto this line without approval of the Town. Councilman Lowen- • bach moved that the Agreement be accepted with the stipulation that the two items above will be incorporated in the Agreement, but he later withdrew his motion. Upon motion of Councilman Cole , seconded by Councilman Murray, Council .voted unanimously to :authorize Mr. •Harrison to proceed with drawing plans and securing bids, subject to the final approval of the contract. Upon motion of Councilman Murray, seconded by Councilman Fishback, Council voted by roll call vote of 6 to 1 , Councilman Lowenbach voting against, that the following motion tabled at last meeting be brought back on ,the floor for final disposition: That we move the Town Landfill to Town-owned property located at Watson and that the necessary arrangements be made to use this facility forth- with, and that the Town Manager be authorized to secure bids for the pur- chase of a low-boy and that an additional man be hired, if needed, to maintain the sanitary landfill at Watson. Councilman Cole asked the Town Attorney if there was any -time limit on the Town operating a landfill at Watson, to which Mr. Martin replied that the Court de- cree did not mention any specific time limit. Mr. Ritter reported on his dis- cussions with Jesse Randolph as to what agreement might be reached with him on this matter, and reported to Council that he had a letter from -Jesse Randolph, • stating that he would receive and dispose of refuse from the 'ToWn, including the residences, contractors and business establishments therein, that is hauled to his dump at Watson on the basis of three (3) days per week (Tuesday, Thurs- day and Saturday) between the hours of 6 :00 A.M. and 6 :00 P.M. at a price of $200.00 per month from the Town. Mr. Ritter said he thought this a good propo- sition and explained that the only other cost to the Town would be the cost of the trucks traveling this distance (17 miles round trip) three times a week, which would cost approximately $265.00 a year. It would deprive us of one man 's time on another project for approximately one hour per trip. Mayor Rollins read to Council a letter from Mr. and Mrs. William S. Alberts, property owners next to the Hammerly land under consideration for a landfill in Town, said letter requesting that Council strongly consider moving the land- fill out of Town. A vote was then taken on the motion on the floor -and it was unanimously defeated. After a great deal of discussion by all members of Council on this question, Councilman Murray moved that the present landfill located on South Catoctin Circle, •which is now full to its capacity, be closed, and that other suitable arrangements be made to take care of refuse which- would normally be disposed of in a landfill, and that these arrangements be completed at the earliest practi- cable date. This motion was seconded by Councilman Cole, but the motion was withdrawn by both the maker and Mr. Cole. Councilman Cole then moved that the present landfill be closed and moved to Jesse Randolph 's landfill which he oper- ates for Loudoun County, and Mr. Randolph 's contract for said use of his land- fill be accepted in the amount of $2,400.00 per year. This motion was seconded by Councilman Murray and- passed by a roll call vote of 6 to 1 , Councilman Lowen- bach voting against- the- motion. • • Councilman Fishback moved that the question of one-way streets be tabled until information is received by the Town Manager from the State Highway Depart- ment. He later withdrew this motion. There followed a great amount of discus- • sion on the pros and cons of one-way streets. Upon motion of Councilman Murray, seconded by Councilman Orr, the following resolution was unanimously adopted by roll call vote: BE IT RESOLViD by the Town Council of the Town of Leesburg, that a study be made by the Virginia Highway Department to convert Market 111 Street to -one-way traffic• westbbund and to convert Loudoun Street to one-way traffic eastbound. • Upon motion of Councilman Murray, seconded by Councilman Orr, the follow- ing resolution was adopted by a roll call vote of 4 to 3 after discussion, those voting against this' motion being Councilmen Fishback, Lowenbach and Pumphrey : 157 . MINUTES OF OCTOBER 13, 1965 MEETING. • BE IT RESOLVED by the Town Council of the Town of Leesburg, that the • C .& P Telephone Company be requested to include addresses of subscribers in the next issue of the Telephone Directory. Upon motion of Councilman Fishback, seconded by Councilman Orr, the follow- ing-Ordinance was adopted by a roll call vote of 6 for and 1 abstention, that being Councilman Cole : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 19-6 Connection Fees - Generally of the Town Code adopted October 1963 be amended to read : Connection fees will be charged at two hundred dollars for sanitary sewer and two hundred dollars for water when the standard three- fourths inch water meter and connection is provided; except as pro- vided in Sections 19-7 and 19-8. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the fol- lowing Ordinance was adopted by a roll call vote of 6 for and 1 abstention, that being Councilman Cole: Op BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 11' 19-7 Subdivisions -and Apartment Sites--Water Connections-'of the Town O Code adopted October 28, 1963, and amended July 27, 1964, be further amended to read : U A water connection fee of one hundred dollars is hereby set for each connection in subdivisions and apartment sites in which all water mains, corporation cocks'and laterals have been installed at the subdivider 's expense. • Upon motion of Councilman Orr, seconded by Councilman Fishback, the follow- ing Ordinance was adopted by a roll call vote of 6 for and 1 abstention, that being Councilman Cole : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 19-8 Subdivisions and Apartment Sites--Sewer Connections of the Town Code adopted October 28, 1963, and amended July 27, 1964, be further amended to read : _ A sewer connection fee of one hundred dollars is hereby set for each connection in subdivisions and apartment sites in which all sewer trunk connections and laterals have been installed at the subdivider 's expense. Upon motion of the Mayor , seconded by Councilman Lowenbach, the following Ordinance was unanimously adopted by roll call vote : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 15-42 Profane Cursing or Swearing; Drunkenness of the Town Code adopted October 28, 1963, be amended to read: If any person, within the municipality, arrived at the age of dis- cretion, shall profanely curse or swear or get or be drunk in pub- lic , he shall be deemed guilty of a misdemeanor and, upon convic- tion thereof, shall be fined not less than twenty-five nor more than one hundred dollars. If any person shall be convicted for being drunk in public three times within one year in the municipality, in violation of either a state statute, county or municipal ordinance, upon the third or subsequent conviction for such offense within the period of one year, such person may be punished by imprisonment in jail for not more than six months or by' a fine of not more than one hundred dollars, or by both such fine and imprisonment. • Upon motion of Councilman Fishback, seconded by Councilman Murray, the fol- lowing Ordinance was unanimously adopted by roll call vote: 158 MINUTES OF OCTOBER 13, 1965 MEETING. BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 15-31 of the Town Code adopted October 28, 1963, be amended to read : Sec. 15-31. Sound trucks, loudspeakers, amplifiers, etc. It shall be unlawful for any person, firm or corporation to use upon the public streets of the Town of Leesburg, any loudspeaker, amplifier or other noise making device unless a permit is obtained from the Town Manager. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the following Ordinance was unanimously adopted : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec. 15-32 of the Town .Code permitting itinerant advertising by the use of loudspeakers be deleted from the Town Code. Upon motion of Councilman Fishback, 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 following appropriations be made from the Public Improvement Fund : (a) $15,000.00 - to Walter L. Phillips far Engineering Services on Storm Sewer Projects. • (b) 36,826.23 - to Perry Engineering Co. for work performed on Storm Drain Project No. 1. • (c) 15,259.50 - to Tri-County Asphalt Co. for work performed on Storm Drain Project No. 2. (d) 235.00 - to Reed, Hoyt, Washburn & McCarthy for profes- sional services in the matter of issuance of a 5475,000 Bond Anticipation Note. Upon motion of Mayor Rollins, duly seconded, Council voted unanimously that the following Resolution be signed by the Town Manager, Treasurer aid c Clerk of the Council : RESOLUTIONS OF THE TOWN OF LEESBURG, IN VIRGINIA, DESIGNATING DEPOSITORY FOR MAINTAINING ACCOUNT IN THE NAME "TOWN OF LEESBURG, VIRGINIA, PUBLIC IMPROVEMENT ACCOUNT". I, the undersigned, hereby certify to The Peoples National Bank of Lees- burg, Leesburg, Virginia, that I am Clerk of the Council of the Town of Leesburg, in Virginia, a municipal corporation chartered by an Act of the General Assembly of Virginia; that the following is a true copy of resolutions duly adopted in accordance with law by the Council of said Town at a meeting held in Council chambers on the 13th day of' October, 1965, and that such resolutions have not been rescinded or amended. BE IT RESOLVED, that The Peoples National Bank of Leesburg, Leesburg, Virginia, is hereby designated as a depository of the Town of Leesburg, in Virginia, and that a checking account be maintained in said Bank in the name "Town of Leesburg, Virginia, Public Improvement Account", and that the Treasurer and either the Town Manager or the Clerk of the Coun- cil are hereby authorized to sign on behalf of this Town and in its name, • checks, drafts and other instruments for the payment of money from the ac- count "Town of Leesburg', Virginia, Public Improvement Account"; that the Treasurer is hereby authorized to endorse checks, bills of exchange, drafts, money orders and other instruments for deposit in said check- ing account, or for collection by said Bank, however, the endorsement v" ` of such instruments may be made by rubber stamp endorsement containing the name "Town of Leesburg,' Virginia, Public Improvement Account", with- out signature, or by the endorsement of any person by such writing as to designate that the instrument is intended to be credited to said check- ing account ; to accept drafts, acceptances and other instruments payable 1. 5 9 MINUTES OF OCTOBER 13, 1965 MEETING. at said Bank; to waive demand, protest, and notice of protest, or dis honor of any check, • bill of exchange , or other instrument made, drawn or endorsed on -behalf- of this Town. However, strict compliance as to the words "Treasurer", "Town Manager" or "Clerk of the Council" appear- ing after the names of said officers on any of said instruments for the payment of money from said checking account shall not be required. ' BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Lees- burg, Virginia, is hereby authorized to honor , receive, certify or pay all instruments signed in accordance with these resolutions, even though drawn or endorsed to the order o£' any person authorized to sign the same, or tendered..for cashing, or in payment of the individual obligation of any such person, or for deposit to his personal account, and said Bank shall not be required, or be under any obligation to inquire as to the circumstances of the issuance; or use of any instrument signed in ac- cordance with these resolutions, or the application, or disposition of such instrument, or the proceeds thereof. A BE IT FURTHER RESOLVED, that The Peoples National Bank of Leesburg, Lees- burg, Virginia, is hereby relieved of, and discharged from, any and all liability by reason of the payment of checks, drafts or other instruments 0 that have heretofore been charged against the account of "Town of Lees- burg, Virginia, Public Improvement Account", with said Bank, regardless 0 of the signatures thereto, and the manner in which such signatures were made, and said Bank is further relieved of, and discharged from, any and - U all liability by reason or -the acceptance of any checks, bills or ex- change, drafts, or other instruments that have heretofore been deposited to said checking account with said Bank, regardless of the endorsement thereon and the manner in which such endorsements were made. BE IT FURTHER RESOLVED, that the Clerk of the Council of this Town shall certify to said Bank the names and signatures of the- presently appointed and duly qualified Treasurer , Town Manager and Clerk of the Council of this Town, and the Clerk of the Council shall , from time to time hereafter as changes in the personnel of said officers are made, immediately certify such changes to the Bank, and the Bank shall be fully- protected in relying upon such certifications of the Clerk of the Council and shall be indemni- fied and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of , honoring the signature of any officer so certified, or in refusing to honor any signature not so certified, or in re- fusing to honor any signature which may be replaced through changes made by any such certification. BE IT FURTHER RESOLVED, that the foregoing resolutions shall in no manner affect or invalidate the resolutions adopted by the Council of this Town on September 8, 1965, designating The Peoples National Bank of Leesburg, Leesburg, Virginia, as depository for the checking account maintained in said Bank in the name "Town' of Leesburg, Virginia", and resolutions adopted September 8, 1965, designating The Peoples National Bank of Leesburg, Lees- burg, Virginia; as depository for the checking account maintained in the said Bank in the name of "Town of Leesburg, Virginia, Police Court", and authorizing the signing of instruments for the withdrawal of money from said accounts and the endorsement of instruments for deposit to said ac- counts. - BE IT FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until -written notice of their amendment or rescission shall have been received and acknowledged by said Bank, and that receipt of any such notice shall not affect any action taken by said Bank prior thereto. BE IT ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed tb certify to The Peoples National Bank of Leesburg, Leesburg, Vir- ginia, the foregoing resolutions; that the provisions thereof are in con- formity with the Charter and Ordinances of this Town, and the laws of the State of Virginia. I, the undersigned, further certify that the Council of the Town of Leesburg, in Virginia, is authorized and empowered to adopt the foregoing resolutions by virtue of its Charter and Ordinances, and pursuant to the laws of the State of Virginia. 460 MINUTES OF OCTOBER 13, 1965 MEETING. I further certify that the names and official signatures of the presently duly qualified and acting Treasurer, Town Manager and Clerk of the Council of said Town are as follows: OFFICE NAME OFFICIAL SIGNATURE Treasurer George E. Ward Town Manager James. W. Ritter, Jr. Clerk of the Council Dorothy B. Rosen IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Town of Leesburg, in Virginia, by direction of the Coun- cil, this 13th day of October, 1965. Clerk of the Council of The Town of Leesburg, in Virginia ( (SEAL)) There being no objection to considering the following matter tonight, upon motion of Mayor Rollins, seconded by Councilman Orr, Council voted 6 to 1, Councilman Cole voting against , that a $200.00 appropriation, be made to Mr. Mar- tin to .satisfy his bill for the work that he has done on the bond issue. Upon motion of Mayor Rollins, seconded by Councilman Pumphrey, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that the Town Manager be and he is hereby authorized and directed to have the following advertisement inserted in the Loudoun Times-Mirror for publication on October 21 , 1965 and October 28, 1965 : PUBLIC NOTICE OF PROPOSED REZONING Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg, Virginia on the 10th day of No- vember, 1965 at 7:30 P.M. in the Council Chambers of the Town of Leesburg, located at 12 West Loudoun Street, Leesburg, Virginia, to consider a request by Frank Morell and Gasper F. Morell of 6148 Rose Hill Drive, Alexandria, Virginia, that the Leesburg Zoning Ordi- nance be amended by amending the land use as designated on the Lees- burg Zoning Map, of the area hereinafter described, from R-2 General Residence to R-3 Town House Residence, as follows: That certain .tract orparcel of land containing 11.3496 acres owned by Frank Morell and Gasper F. Morell and located on the north side of Fort Evans Road, bounded by the properties of John A. Wallace et al on the North, Loretta Hough on the East, Fort Evans Road on the South, and J. I. Humphrey et al on the West. This proposed change in the Zoning Map may be viewed in the Planning and Zoning Office, 12 West Loudoun Street, Leesburg, Virginia. At the Public Hearing all interested persons will be heard as to their views pertinent to said proposed amendment. By: Kenneth B. Rollins, Mayor Town of Leesburg, Virginia y.Upon motion of Mayor Rollins, seconded by Councilman Murray, the following `t-t.esolution was unanimously adopted: WHEREAS, application was made by General Charles F. Colson to the Lees- burg Planning Commission for approval of a division of his land in ac- cordance• with the provisions of Section 5, paragraph 2 of the Leesburg Subdivision Ordinance; and 161 MINUTES OF OCTOBER 13, 1965 MEETING. • WHEREAS, the said Leesburg Planning Commission did, at a regular meet- ing held on October 7, 1965, consider the application and recommend its approval to the Council for the Town of Leesburg, Virginia; NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Lees- . burg, Virginia, that the division of land as shown on a boundary sur- vey plat of part of the property of Charles F. Colson, prepared by DeLashmutt Associates, Certified Surveyors, dated August 1965, be and the same is hereby approved. . Mayor Rollins read a letter from Col. Grenata with regard to a right-of-way IIIneeded on Long Lane Road leading to the Airport, whereby Col. Grenata requested that the Town pay him $600.00 for this right-of-way, along with other items which he requested be done in connection with this right-of-way. Mayor Rollins explained that the Highway Department would take care of all other items except for the payment of the $600.00 for this right-of-way. After discussion, there being no objection to considering this matter tonight, upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, Council voted by a 6 to 1 roll call vote, Councilman Cole voting against , that the Council appropriate the $600.00 necessary to settle with Col. Grenata and that the monies do come from the Air- port Account. JO There being no further business, upon motion of Councilman Lowenbach, sec- lit onded by Councilman Orr, the meeting was adjourned at 10:35 P.M. O C: U 7--7172-es...-/ - Mayor Clerk of t Council