HomeMy Public PortalAbout1966_02_09 192
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 9, 1966.
A regular meeting of the Leesburg Town Council was held in the Council
. Chambers, Leesburg, Virginia on February 9, 1966, the meeting being called to
order by the Mayor, with a prayer by Councilman Pumphrey. Those present were
Councilmen C. A. English Cole, Maurice R. Lowenbach, Jr. , Walter F. Murray,
Robert A. Orr and John W. Pumphrey; also present were Town Manager James W.
Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting was
Councilman C. Maloy Fishback.
The minutes of the meeting of January 26, 1966 were approved as written.
Mayor Rollins asked that Council members remain for executive session at
the close of the meeting.
Town Manager Ritter explained the proposed changes in the Town of Leesburg,
Standards to.be considered at this meeting, advising that the Street Committee
has discussed these changes and approved them.
Mr. Ritter reported that the Highway Department is possibly interested in
building a residency shop on land located at the Airport, with the possibility
of buying approximately 10 acres for this purpose. Mr. Kestner of Culpeper has
been here and looked at the situation and is very much interested in it. Coun-
cilman Lowenbach said he believed that careful consideration should be given to
what the Highway Department wants, it would not be wise to interfere with possible
continuation of the runway. Mayor Rollins asked the Town Manager to inform the
Highway Department that the Town is interested in listening to their proposal
and that they might be interested in an exchange of properties.
Mr. Ritter said he would certainly like to praise all those personnel who
worked so hard during the snow emergency and that he thought they should be
publicly commended for the wonderful job they did. He reported that Buddy
Newton worked 12 to 16 hours a day from Sunday through Wednesday, members of
the Police Department did also, with Tommy Lloyd staying here until Tuesday,
Glenn Harwood walking 7 miles to get here and Albert Keyes walking in from
Prospect Hills in the worst of the storm. The Chief of Police, Kirk, drove
a dump truck hauling snow for 2 days. Efforts were concentrated on emergencies
during the first 2 days and then on hauling snow off the streets. The Town,
with Buddy Newton and its front end loader, opened up most of the streets in
Town, although this was the State 's job. Also, the huge drift on Route 15
South was opened up by the Town. The possibility of extra monetary compensation
for these men was discussed, with the Town Manager pointing out that he be-
lieved these men were dedicated to their jobs and did not expect anything extra
for this, however, he felt sure they would appreciate extra consideration. Mayor
Rollins referred this matter to the Finance Committee to work out a formula.
Councilman Cole asked Town Attorney Martin to explain what he had found in
connection with the two agreements between the Epilepsy Foundation and George
and Rice. Mr. Martin explained that, according to these agreements, Mr. George
and/or Mr. Rice would have an unrestricted right to tap into this sewer line.
Mr. Cole said he believed this matter should be taken care of before the Child-
ren 's Center Agreement with the Town is signed.
- Councilman Cole said he had talked with Mr. Clayton of the FAA and that Mr.
Clayton said he had spoken to Mr. Hammerly several times with regard to the road
to the Airport. He stated that the request for Federal aid is based on a two-
lane improved road being constructed from Route 7 to the Airport, and that he had
received nothing in writing from the Town. Mr. Ritter said that he had written
to Mr. Bozel with regard to this, asking what type of road is being built and the
probable date of completion, but he has received no answer yet. The road is
presently under construction by the Highway Department. Mr. Cole also said that
Mr. Clayton had asked for photostats of checks in regard to bills at the Airport,
but that he had received photostats of only the checks which had been written,
not the cancelled checks. Mr. Ritter explained that, at the time, the can-
celled checks had not come back. Mr. Cole said Mr. Clayton said they were goin
to reaudit the whole account, so he did not know when we would get our money.
Mr. Cole also said that Mr. Bennett was very much upset that the figures
submitted by Johnson and Williams on the report of water and sewer operations
was incorrect. Mr. Cole said he was working on this report and shouldhave it
completed by the week-end.
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(e ) The maximum permissible velocity at average flow (before ~y
applying peak flow factor ) should not exceed 15 feet per
second. Suitable drop manholes shall be provided to break
the steep slopes to limit the velocities in the connect-
ing sewer pipes between manholes. Where drop manholes
are impracticable for reduction of velocity, the sewer
shall be of cast iron or other abrasion resistant ma-
terial. Terminal manhole sections will require a mini-
mum slope in feet per hundred feet of 0.80 feet.
Sewer Pipe
The following type of pipe shall be used :
Vitrified clay pipe, conforming to ASTM specifications,
C425-60T, Type 3) super-o-ring joints.
Where extra strength clay pipe is required, the pipe shall
conform to ASTM specifications , C200-59T, Type 3 , super-o-
ring joints.
Joints shall be assembled by inserting the spigot joint in-
to the bell joint of the previously laid pipe and pushed
"home" through the use of a lever bar and wood block applied
at the bell end of the pipe being laid.
Pipe Cover
The maximum permissible depth of pipe cover shall be governed
by the latest ASTM recommendations for the type and class of
sewer pipe.
Preparation of Plans
Preliminary Plats
Approval of preliminary plats by the Town Engineer as required
by the Town of Leesburg Subdivision Code , will require the fol-
lowing additional information.
(a) Proposed locations and size of sewers (with flow arrows) ,
sewage pumping stations and treatment facilities.
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Water Mains and Fittings : All mains and fittings shall be designed
to withstand a normal working pressure of not less than 150 pounds
per square inch and earth cover of at least three feet , and shall
conform to the standard specifications of the American Water Works
Association. No water mains shall be less than 6 inch I. D.
For water mains up to and including 12" I.D. , Class 22 metal thick-
ness .shall be used. The pipe shall be cement lined, and shall have
mechanical joint ends or slip joints, in accordance with Federal
Specs. WW-P-421b.
Mains shall be laid on a loop or grid system with cross mains spaced
not more than 1 ,000 feet apart and with no dead-end length exceeding
500 feet. Not more than one fire hydrant shall be located on any
six inch dead-end main and said fire hydrant shall be located not
more than 300 feet from a looped main. All dead-end mains shall
have adequate blow-off valves at the ends thereof. Automatic air-
relief valves shall be installed at the high points of water mains
where accumulation of air may interfere with the flow.
All bends and elbows of 6 inch Z.D. or larger shall be installed
with suitable concrete thrust blocks poured in place with the con-
crete deposited against firm, undisturbed earth.
The horizontal distance between water mains and existing or projected
sewers shall be not less than 10 feet , except where the water main
is located at a higher elevation (1.0 foot minimum) than the top of
the sewer, in which case a minimum horizontal distance of 6 feet
will be permissible.
Valves: All valves shall be manufactured by Mueller , or by Darling
Valve Co. , or an approved equal , and shall open to the left. Valves
shall be installed at appropriate points in all mains so as to per-
mit the cutting off of water from sections of reasonable length.
Each valve shall be accessible for operation with standard valve key
through an approved valve box extending to the ground surface.
Valve Boxes: Valve boxes shall be placed at all valves and shall be
two piece slip type suitable for bury.
Fire Hydrants : All fire hydrants shall meet Mueller #107 specifications,
or A. P. Smith Co. , Model H-100, or an approved equal, and shall con-
form to the American Water Works Association standard specifications
for fire hydrants for ordinary water works service. Said hydrants
shall have two (2) 44 inch nozzles and one (1 ) 41/2 inch pumper nozzle
with National Standard fire hose coupling screw threads, and with a
6" elbow, M.J. connection and 4 ' bury. Nozzle caps shall be provided
for all outlets with suitable gaskets to provide a tight seal with
the nozzles. Said caps shall be securely chained to the barrel of
the hydrant. Cap nuts shall have the same dimensions as the operat-
ing nut of the hydrant. The size of the main valve opening of the
hydrant shall be not less than 4 inches.
In water systems and extensions serving one-family and/or two-family
residential subdivisions, fire hydrants shall be installed at such
locations that there will be at least one hydrant within 300 feet
of the nearest wall of any building (existing or future at ultimate
development) served by said system or by said extension, The total
number of fire hydrants in each such subdivision shall be not less
than the total acreage of the subdivision divided by 2.75. Hydrants
along streets or roads on which residences of such subdivisions front
shall be spaced not more than 500 feet apart , and shall be set so that
the top of the protection case cap shall be approximately level with
sidewalk. No portion of the hydrant shall be closer than 6 inches
from the face of the curb, measured horizontally.
193
MINUTES OF FEBRUARY 9, 1966 MEETING. ��
Mr. Ritter reported that Johnson and Williams still has some field work to
be done before bids can be sent out and this will be done as soon as the snow
is off the ground. .
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. Upon motion of Councilman Murray, seconded by Councilman Cole, the follow-
ing resolution was unanimously adopted:
BE IT RESOLVED that the Town Council of the Town of Leesburg publicly
commend the Maintenance Personnel, Police Department and others who
were involved in minimizing the inconvenience and suffering during the
recent. snow emergency.
,� . Councilman Pumphrey reported that he had had complaints about one or two
cars being parked on Liberty Street between Market and Loudoun, these cars hav-
ing no licenses on them. Mr. Ritter is to check into this.
Mayor Rollins said that the Peoples National Bank is very much concerned
about their problem with pigeons and he understood. that, under the Town Ordi-
nance, the Town Manager could give permission to shoot these birds. Mr. Ritter
said he had given the name of an animal repellent company to an official of the
Bank and that he understood that he was going to get some of this "Bird Stop"
LO and try it.
Com.. Mayor Rollins reported that a sales tax bill under. consideration in the
L State Legislature, as presently written, would give any rebate to the Counties,
C, and none to the Town, which would thereby eliminate our present business li-
cense tax of about $30,000 income to the Town. He asked that Council members
contact anyone they might know who would have any influence in the Legislature,
asking that some of this rebate come to Towns also.
Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the
following resolution was unanimously adopted:
BE IT. RESOLVED by the Town Council of the Town of Leesburg, that the fol-
lowing appropriations be made from the Public Improvement Account:
$ , 400.00 - N. McK. Downs. for Storm Drain Easement appraisals.
70,527.08 - Tri-County Asphalt for Payment #4 on Storm Sewer
Project. (Note : $5,000.00 is being retained in
addition to $5,319.21, representing 3% retainage
fee).
Upon motion of Councilman Pumphrey, seconded by Councilman Murray, 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 for appraisals of Dunn property:
$ 100.00 - H. Wendell Kline
100.00 - Moore, Clemens & Co.
Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the fol-
lowing resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Town of Leesburg Standards, which were approved by the Town Council
on August 27, 1962, be amended by revisions to Sheets 3 and 8, as
shown on attached revised sheets.
Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the fol-
lowing resolution was unanimously adopted:
BE IT RESOLVED -by the Town Council of the Town of Leesburg, that the
Dunn. interests be contacted and offered $60,000.00, this offer being
based upon the two appraisals made by Moore, Clemens & Company and
H. Wendell Kline.
Mayor Rollins asked Mr. Cole to handle this proposal.
194
MINUTES OF FEBRUARY 9, 1966 MEETING.
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tp. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, the follow-
, ing resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
-7 Mayor be authorized to sign the easement agreement between the Town
of Leesburg, Arl Curry and the Washington and Old Dominion Railway.
The Agreement is as follows:
THIS AGREEMENT, made this day of , 1966, between WASH-
INGTON AND OLD DOMINION RAILROAD, a Virginia Corporation, hereinafter
called the "Railway", and ARL CURRY and KATHERINE R. CURRY, hereinafter
called "Owner", and THE TOWN OF LEESBURG, in Virginia, hereinafter
called the "Town";
WITNESSETH: • That the Railway does hereby- permit the said Arl Curry and
Katherine R. Curry, Owners to install an Eight Inch (8") sanitary sewer,
pipe line, together with the necessary casing, vents, fixtures and ap-
purtenances thereto, hereinafter referred to collectively as "Crossing"
• and-does hereby license and permit the Town to operate and maintain said
"Crossing" upon, under and across the land and under the tracks of the
Railway at a point located between Mile Posts 37 and 38 at Valuation
Station 1982 and 53, at or near Leesburg, County of Loudoun; State of
Virginia, as described on the attached "Exhibit A", dated
, which is/are made a part of this agreement, upon the
following terms, covenants and. conditions: •
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1. Before constructing said Crossing, said Owner shall, at its sole
• cost and expense, obtain all necessary authority therefor from any pub-
lic authority or authorities having jurisdiction in the premises, and
shall thereafter observe and comply with the requirements of such pub-
• lic authority or authorities and all applicable laws and regulations.
2. No less than 48 hours written notice shall be given to Railway's
Superintendent, hereinafter referred to as "Superintendent", at Arl-
ington, Virginia, before the work of constructing and installing said
Crossing shall be commenced, and like notice, except in emergency
cases, before any maintenance, renewal, relocation, alteration, chang-
ing and removal is performed; provided, however, that all such work
shall be done at such time or times, and in such manner, as shall be
satisfactory to Railway 's Superintendent or his duly authorized repre-
sentative, hereinafter referred to as- "Superintendent".
3. Owner shall install and The Town thereafter operate and maintain,
at their respective sole risk, cost and expense, the aforesaid Cross-
ing in accordance with said Exhibit A, and American Railway Engineer-
ing Association, Specifications for Pipelines for conveying Flammable
and Non-Flammable Sustances--1962, or such subsequent revisions thereof
as may be approved by Railway 's Superintendent, which are incorporated
herein and made a part hereof by reference.
4. Owner shall perform all of such work safely, expeditiously, in a
workmanlike manner, and in accordance with good engineering practices,
and without damage to or interference with the operations and facili-
' ties of the Railway. Said Owner shall fill and thoroughly tamp all
trenches to prevent settling of the surface of the land and roadbed
of the Railway, and shall either remove any surplus earth or material
from the Railway's premises or cause the same to be placed and dis-
tributed thereon at such locations and in such manner as the Railway's
Superintendent may direct. Owner shall leave said premises in a condi-
tion satisfactory to the Railway's Superintendent.
• 5. Owner agrees, at its sole risk, cost and expense, to make such
tests as in the judgment of the Railway may become necessary to de-
. termine if the operation, existence or maintenance of the said Cross-
ing, or the protection provided therefor against corrosion, causes
interference with' any of the Railway's facilities whatsoever. Owner
further agrees, upon written notice from Railway of such interference,
to make, at its sole risk, cost and expense, such changes as may be
necessary to eliminate such interference.
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195
MINUTES OF FEBRUARY 9, 1966 MEETING. .
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6. A. Railway shall in no case be held liable for any damage to said
Crossing, including, but not limited to:; the loss of or interference with , '
the service provided thereby, by reason of the operation of its railroad
or acts of its employees, or otherwise, and The Town shall and will at
all times release, indemnify and save harmless Railway from and against
any and all liability, loss, detriments, costs, damages, charges and ex-
penses which Railway may suffer, sustain, be put to or be in any way sub-
jected to on account of the death of or injury to any person or persons
or damage to or destruction of any property, including but not limited
to the employees and property of Railway, arising out of or in any man-
ner connected with the location, existence, operation, maintenance, re-
newal, changing, alteration, relocation or removal of said Crossing, re-
gardless of whether such death, injury, damage or destruction shall be
caused by the negligence of the Railway or otherwise.
B. Railway shall in no case be held liable for any damage to said
Crossing, including, but not limited to, the loss of or interference
with the service provided thereby, by reason of the operation of its
railroad or acts of its employees, or otherwise, and Owner shall and
will at all times release, indemnify and save harmless Railway from
and against any and all liability, loss, detriments, costs, damages,
00 charges and expenses which Railway may suffer, sustain, be put to or
be in any way subjected to on account of the death of or injury to any
CD person or persons or damage to or destruction of any property, including
'L-- but not limited to the employees and property of Railway, arising out of
U or in any manner connected with the installation of said Crossing, re-
gardless of whether such death, injury, damage or destruction shall be
caused by the negligence of the Railway or otherwise.
7. A. Said Crossing shall be installed to the satisfaction and approval
of the Railway's Superintendent, and in case of the failure of Owner to
do the work as herein specified, the Railway reserves the right to re-
move, at the sole cost and expense of Owner, the Crossing from its land
and terminate this Agreement upon five (5) days notice to Owner.
B. Said Crossing shall be maintained and operated to the satisfac-
tion and approval of the Railway's Superintendent, and in case of the
failure of the Town to make such repairs as, in the judgment of the
Superintendent, may become necessary, the Railway reserves the right
to remove, at the sole cost and expense of the Town, the Crossing from
its land and terminate this Agreement upon five (5) days notice to the Town.
8. It is further agreed that the Town, at its sole risk, cost and ex-
pense, will change, alter or relocate said Crossing within thirty (30)
days after receipt of notice from Railway so to do, to a location and
in a manner satisfactory to Railway's Superintendent to permit the Rail-
way to make future alterations of the line or grade of the railroad, •
to construct additional tracks, or to make any other additions and bet-
terments whatsoever, which rights Railway hereby reserves unto itself.
Any such change, alteration or relocation of said Crossing shall be in
accordance with the requirements of this agreement.
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9. A. Arl Curry and Katherine R. Curry, Owners, hereby agree to re-
imburse the Railway for any and all expenses (the cost of which shall
include the surcharges customarily made by the Railway) , that the Rail-
way may incur or be subjected to, for or in consequence of the instal-
lation or location of the Crossing, or the removal thereof as herein
provided, within thirty (30) days after receipt of the Railway's state-
ment.
111B. The Town hereby agrees to reimburse the Railway for any and all
expenses (the cost of which shall include the surcharges customarily
made by the Railway) , that the Railway may incur or be subjected to,
for or in consequence of the changing, alteration, relocation, opera-
tion, maintenance or renewal of the Crossing, or the removal thereof
as herein provided, within thirty (30) days after receipt of the Rail-
way's statement.
196.
MINUTES OF FEBRUARY 9, 1966 MEETING.
10. Nothing herein contained shall be construed to permit -the -Owner or
the Town to move, except at public road crossings, any equipment over
the tracks of the Railway. If and when it is desired to move any such
equipment, the Town shall notify the Superintendent sufficiently in ad-
vance of such movement so that arrangements may be made and covering
agreement, if required by Railway, may be executed.
11. The Town agrees to pay a rental of One Dollar. ($1.00) per annum,
payable annually in advance of each year during the life of this agree-
ment, and Arl Curry and Katherine R. Curry agree to pay a fee of $60.00
toward the cost of preparation of this agreement and supervision expense. '
Annual rental shall be subject to periodic review and adjustment.
12. In the -event the Town shall at any time desire to make changes in
the physical or operational characteristics of said Crossing, it shall
first secure in writing the consent and approval of Railway, and the
Town agrees that such changes shall be made at its sole .risk, cost and
expense, and subject to all the terms, covenants, conditions, and limi-
tations of this agreement.
• 13. Unless terminated as -provided in Section 7 hereof, this agreement
shall continue in force and effect until the date of delivery of deed
or deeds by which the Railway conveys this property to the Commonwealth
of Virginia, or until terminated by thirty (30) days' notice in writing
from either party to the other , of its intention to terminate the same,
whichever occurs first, except that termination of this agreement shall
not relieve or release the Town from any liability or obligation which
May have been incurred or assumed by the Town hereunder, prior to ter-
mination and Railway shall not be held liable in any way or for any
cause resulting from, arising out of or in any manner connected with
termination of this agreement.
14. In the event this agreement shall be terminated as herein pro-
vided, or the Town, in the judgment of Railway, shall have abandoned
said Crossing, said Town shall, at its sole risk, cost, and expense,
upon request of Railway so to do, remove said crossing from and across
the right of way and premises aforesaid, and in the event of the fail-
ure or refusal of the Town within thirty (30) days after receipt of
such request to remove said . Crossing and restore and leave said right
of way and premises in as good condition as before the installation
of said Crossing, then and in that event Railway, without incurring
any liability to the Town, may, at its option, remove said Crossing.
The Town shall reimburse Railway for the entire cost and expense of
such removal and restoration within thirty (30) days after receipt of
Railway's bill. Railway 's Superintendent may permit said Crossing to
be filled and compacted, purged and sealed, or otherwise retired in
place.
• 15. This agreement shall be binding upon the successors and assigns
of the Railway and upon the heirs, personal representatives, succes-
sors in office, successors and assigns of the Town, and shall not be
assigned without the written consent of the Railway.
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16. In the event of a termination under this agreement during the
time the- crossing is under construction and within one year from date
of completion of construction, and in the event the Railway requires
removal of the crossing, said- cost will be borne by Arl and Katherine
Curry rather than the Town.
In the event that any alteration or repair of said sewer line, with-
in the right of way, shall be necessary within one year of. the comple-
tion of construction, the cost of said alterations or repairs shall be
borne by Curry.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be duly executed as of the day and year first above written.
WASHINGTON AND OLD DOMINION RAIL=
Approved as to Form: ROAD
by
Its
197
MINUTES OF. FEBRUARY 9, 1966 MEETING.
Approved:
Superintendent Town of Leesburg
by
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Arl Curry, Owner
Katherine R. Curry, Owner
There being no further business, the meeting was adjourned with general
consent at 8 :30 P.M.
00
U;• � Mayor
Co
Clerk of the� unci_
U D
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