HomeMy Public PortalAbout1966_07_27 946
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 27, 1966.
A regular meeting of the Leesburg Town. Council was held in the Council
Chambers, Leesburg, Virginia, on July 27, 1966 , the meeting being called to
order with a prayer by Mayor Rollins. Those present were : Councilmen C. A.
English Cole, C. Maloy Fishback, 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.
The Minutes of the Public Hearing of July 7, 1966 and the Regular Meeting
of July 13, 1966 were approved with general consent.
Town Manager Ritter reported the following:
(1) The amount of 36,667.50 included in Item 1 on the Agenda consists
of placing a jet seal on 500 feet of each end of the runway at the Airport,
also a jet seal on the taxiway and apron, plus rolling the runway and all as-
phalt surfaces for a period of 60 hours. This price was secured from Tri-
County Asphalt Co. Since that time , he said he had gotten another idea as to
how to do this work. Rather than treating the runway and taxiway, a jet seal would
be put on the apron only. This should be done this summer. Tri-County gave a
price of 33,166.75 to do this work, which includes rolling the runway. Another
price was secured from Perry Engineering today on doing this amount of work,
their price being $3 ,279.00. There are 10,667 square yards on the apron and it
would cost about 22 cents per square yard for the sealing. He would recommend
that we go ahead with the sealing of the apron only and rolling all asphalt sur-
faces.
(2) Regarding the water situation, other dommunities are having problems
with water. So far , we are in fairly good shape as far as we can tell. The
Paxton Well level is still at 78 feet, which was the sane reading as in 1963
when it was put into operation. There is no way to check the water level in
the other wells used by the Town.
(3) The Phillips-Nickels Well is developing. The walls of the pump house
are going up. He talked to the pump manufacturer today and he expects the pump
to be in by the middle of next week. VEPCO is going ahead with the service line.
(4) Last night he attended the Loudoun County Planning Commission meet-
ing,
when the Town 's application for a commission permit for the portion of
the sewage facilities to be outside the corporate limits was discussed. The
Commission members asked a lot of questions and said they would like to see
the plans. They took no action at the meeting last night. Mr. Ritter said
he had talked with Mr. Williams today and the preliminary plans on the new
plant should be ready in about a month.
(5) A study has been made by Mr. Forbes, along with members of the Water
• Department , during the past week of all fire hydrants in the Town. We are in
fairly good shape, although there are a number of hydrants which should be re-
placed. There are at least 25 that are bad, these are the old ones which were
in the original installation. This matter will be discussed at the Utility
Committee meeting.
(6) Mr. Kestner has written regarding the Route 15 project and has recom-
mended that a project number be assigned and reports that he has sent the plans
prepared by Mr. Phillips on to Richmond.
(7) The FAA Grant Agreement on the Taxiway Extension was received today and
there is a resolution before the Council tonight authorizing the Town Manager
to sign this Agreement on behalf of the Town. The 60-day period to execute the
contract with E. E. Lyons Construction Co. is up on August 7th, leaving only
10 days in which to execute this contract. There is also a resolution regard-
ing this before you tonight.
Mayor Rollins stated that during the present dry spell, he feels that a
lot of people have violated good conduct by burning trash intentionally, which
is a great risk to their own property and to that of their neighbors. He asked
that the press emphasize that such burning not be done.
Mayor Rollins stated that there were 4 vacancies on the Board of Architec-
t* tural Review and that he had reappointed Mrs. Osborne , I-rs. DeLashmutt and Mr.
Brownrigg to a three-year term and had atpointed Mr. Dick A. Richards as the
fourth member to replace Er. Sweney. A letter of acceptance from Mr. Richards
is hereby placed in the records.
247
MINUTES OF JULY 27, 1966 MEETING.
Councilman Lowenbach remarked that , while Leesburg does not have a press-
ing water problem, he believes that we should have a voluntary curtailment of
any unnecessary use of water. He reminded that the State representative of
the Geological Society who located the well at the Paxton Home told Council
that when you have a drought , you suffer for 6 months,. and it is not known what
could possibly happen several months from now. Therefore, he urged a voluntary
curtailment of unnecessary use of water.
1
Councilman Pumphrey inquired about a fire hydrant on E. Royal Street which
he understands is located in the Cullen 's yard. Mr. Forbes reported that this-
hydrant is on the east side of an alleyway on Royal Street and is practically` 1
covered by a plant. ,
Mr. George Hammerly, Chairman of the Airport Commission, reported that
the Commission recommends that the Performance Bond for Chantilly Aviation be -
reduced to 417,500 (five times the annual rental ) , and that verbal acauiescense
has been secured from Chantilly. However, the Board of Directors has not yet
met and they have asked that we delay formal action on this matter until the
next meeting. Upon motion of Councilman Lowenbach, seconded by Councilman Orr ,
Council voted by a roll call vote of 6 to 1 , Councilman Cole voting No , that the
Chantilly Performance Bond be reduced to $17,500, instead of the 435,000 as
originally stated in the Lease between Chantilly and the Town of Leesburg. Mr.
00 Hammerly said he thought the Bond should be redrawn by Mr. Martin, including a
In provision whereby Chantilly would be released from responsibility should the
= Airport be re-leased, and then presented to Council at the next meeting.
0
U Mayor Rollins said that he had written I:r. Hammerly regarding a letter
from Stirling Harrison concerning aircraft traveling too low over Mr. Stowers'
property. ICr. Hammerly said that , upon receipt of the first information regard-
ing this matter , Mr. Stowers was asked to get information regarding these planes.
One belonged to the FAA, the other two were unidentifiable. There has been one
other complaint and that plane could not be identified. Upon receipt of the
letter that apparently prompted the Mayor 's letter of July 19, Mr. Hammerly said
they took up this matter with the FAA and asked them what the Town's position
would be in representing the Airport. Mr. Hammerly explained that the runway
111is about 1 mile from Mr. Stowers ' house and 2 miles from the center of Town;
this was considered when the Airport was planned. He explained the procedure
that the Airport has set up for planes taking off from the Airport, which re-
quires that no plane fly over private property unless at least 1 ,000 feet in
the air, however , there is no control over the plane when it takes off. He
said that the Town has no responsibility for maintaining the procedure when a
plane leaves the Airport, but if anyone repeatedly conducts himself in an im-
proper way, then it is investigated. The way a plane is flown is the responsi-
bility of the individual pilot and he has to establish who he is; there is no
contact made from the field except in an advisory capacity. Mr. Hammerly said
that the Torn, in the opinion of the Airport Commission and the FAA, is not re-
sponsible for the conduct of the airplane. Mr. Stowers would have recourse towards
the pilot or towards the owner of the aircraft. He said that the Commission has
not been approached by Mr. Stowers, but he feels sure that a plane gets low over
his house at times. It is impossible to control this and the pilot is liable.
However, he said he thinks this is relatively infrequent. Mr. Stowers ' house
is just about in line with the runway and changing the traffic pattern would not
make any difference. Mr. Hammerly went on to say that the prescribed traffic pat=
. , tern is posted on the bulletin board at the Airport and that all students should
be tauht this. He said he believed this is done, but occasionally a student
might get low. Mayor Rollins asked what recourse iLr. Stowers would have if he
identified a pilot who was flying too low over his house. Mr. Hammerly said
the pilot could be reprimanded by the FAA to the extent of being grounded, los-
ing his license and being fined. Mr. Hammerly also said that the FAA establishes
the pattern for all uncontrolled airports and for all pilots, including commercial
pilots. Basically, they are all the same and they are published in the Airmen 's
Guide, which all pilots should read. All pilots should also look at the ground
to see ii a pattern is set forth on the ground. Mr. Hammerly said this is done
at Godfrey Field and pointed out on a map just how this is done. He said that
this _pattern was decided on by the FAA because of extensive glider operations
being carried on at the field, and for many other reasons. He said that it is L
good practice for a pilot to call the unicorn when he is about 10 miles or so froy;
the field and find out what is going on down below, however , this is purely ad-"
visory, it does not clear a pilot to land. Councilman Fishback remarked that
he thought this should be the responsibility of the pilot, not of the owner of
the Airport. Councilman Cole said that recently Mr. Stowers said a gliaer landed
x, 4 8
MINUTES OF JULY 27, 1966 MEETING. •
who the pilot was.
in his field and he asked Mr. Hammerly if he knew iaxxhamxiExxixntxha3angr. Mr.
Hammerly said it belonged to him and that it was well east of air. Stowers '
house when it passed over. He said it is standard procedure with gliders and that
they are landed in fields all over the country. The owner had ample liability
insurance in case of any trouble. Mr . Hammerly said he thought these battles
should be handled by the Airport Commission, however, he said he believed con-
. tractual matters should come to the Council to be signed.
Town Attorney Martin reported that he and Mr. Hammerly had gone over the
Dulles International Aircraft Lease and made some changes. Mr. Hammerly said
these are very minor changes and he believes they might strengthen__Chantilly's
lease a little. Mayor Rollins said he thought this lease should be prepared
- with the recommended changes and then presented to Council for action and
asked that it be discussed at the next session oI' the Laws 8; Administration
Committee. Mr. Hammerly said Mr. Cowles says he is ready to sign tonight,
that he has provided the required financial information. He introduced Iir.
R. D. Powell , who will be the Manager of their operation here if they get the
lease. Mayor Rollins said a plat would have to be presented before this can
be advertised in the paper and that this will be taken up at the next session
of Council, then if it is approved, it will be advertised.
Mr. Hammerly expressed the desire of the Airport Commission that some action
be taken tonight on the FAA Grant Agreement for the Taxiway Extension and the .
awarding of the contract to the E. E. Lyons Construction Company. Mayor Rollins
asked Council 's wishes on this matter. Upon motion of Councilman Orr , seconded
by Councilman Lowenbach, and there being no objection to Council considering
this matter tonight , Council voted by roll call vote of 6 to 1 abstention, that
being Councilman Cole, to adopt the following resolution :
• BE IT RESOLVED by the Town Council of the Town of Leesburg:
1. That the offer of the United States of America made through the
Federal Aviation Agency of a grant of Thirty-five Thousand ($35,000.00)
Dollars to aid in the construction of the Leesburg Municipal (Godfrey)
Airport is hereby accepted upon and subject to the conditions and as-
surances set out in the document entitled : "Grant Agreement Part I -
Offer , and Part II- Acceptance, dated July 22, 1966, Project 1o.
9-44-014-D702, Contract No. FA-EA-641", attached to the draft of
this resolution.
2. That the Town Manager , James W. Ritter , Jr. , is hereby author-
ized and directed on behalf of the Town of Leesburg to execute the
said document indicating the Town of Leesburg's acceptance thereof,
and the Clerk of said Town of Leesburg, Dorothy B. Rosen, is author-
ized and directed to affix the seal of the Town of Leesburg thereto.
3. This resolution was adopted, duly enacted and passed by the Town
Council of the Town of Leesburg in Virginia July 27, 1966.
4. This resolution shall be in force and effect July 27, 1966. •
Upon motion of Councilman Orr , seconded by Councilman Fumphrey, Council
voted by unanimous roll call vote to adopt the following resolution:
BE IT RESOLVED by the Town Council of the Town of Leesburg, that the
Mayor be authorized to sign on behalf of the Town of Leesburg, the
construction contract with E. E. Lyons Construction Co. for extend-
ing the Taxiway at Leesburg Municipal Airport , in the amount of
• $56,529.00.
• The rolling of the runway and other work to be done at the Airport was
discussed at this time, with Mr. Hammerly pointing out that he did not think
all of the sealing was necessary this year , but that a seal should be placed
where the gas pumps are and where the airplanes are parked, and that it is
• imperative that all of the blacktop be rolled this year. Upon motion of Mayor
Rollins, seconded by Councilman Murray, council voted by unanimous roll call vote
that the Town Manager be authorized to have the blacktop portions of the Airport
rolled and sealed where it is determined necessary by Mr. Ritter and the Airport
Engineer , said authorization not •to exceed the sum of $3,000.00. ILr. Ritter
said that Colonel Paxton has agreed with the amount of work that needs to be
done this year.
249
Mi1UTES OF JULY 27, 1966 MEETING.
Upon motion of Councilman Fishback, seconded by Councilman Pun phrey, the
following appropriation was unanimously made :
el2k,542.40 - Sanitation Contract for 1-year with Jesse Randolph.
Upon motion of Councilman Orr, seconded by Councilman Lowenbach, the fol-
lowing appropriation was unanimously made :
$25.00 - DeLashmutt Associates - Surveyor 's Report for American
e, Title Insurance Co. on Dunn Property.
.I Upon motion of Councilman Orr , seconded by Councilman Fishback, the fol- -`
lowing appropriation was unanimously made :
$50.00 - W. L. Phillips - Consultation with Utility Committee and
Planning Commission on diZerega matter.
•
• Upon motion of Councilman Lowenbach , seconded by Councilman Murray, the
following appropriation was made by a vote of 6 to 1 , Councilman Cole voting Nay:
214.00 - J. A. VanGulick Corp. - Patching hole in runway.
JO Upon motion of Councilman Cole, seconded by Mayor Rollins, the following
Oresolution was placed on the floor for discussion :
pWHEREAS, a study has been made of the amount of business licenses
o received from the various categories of businesses, professional
people, ' etc. , and
WHEREAS, it was found that retail merchants pay approximately
500 of the total tax received, and that the professional group
pay only about 7%, and
WHEREAS, it is felt that the tax on Realtors should be equitable,
as opposed to other groups;
I?OW, THEREFORE, BE IT RESOLVED, that the following tax on Doctors,other professional people and realtors be effective as of
Tax on Tax on Other Tax on
Doctors Professional Realtors
First $10,000
of Income (Gross) $50.00 1550.00 $50.00
Second 510,000 --- .50.00 50.00
Third $10,000 50.00 50.00 50.00
Fourth $10,000 50.00 50.00 50.00
Fifth $10,000 50.00 50.00 50.00
After a great deal of discussion on this matter , upon motion of Mayor Rollins,
seconded by Councilman Lowenbach , Council voted by unanimous roll call vote to
table this matter. Upon motion of Councilman Orr , seconded by Councilman Lowen-
bach, motion was placed on the floor that a study 'be made of the tax situation
and appropriate license fees be levied and, until such time as this is done,
that no individual groups be singled out for raising their licenses without their
prior knowledge. This motion was discussed and withdrawn by the makers thereof.
Mr. H.ammerly spoke in behalf of the Chamber of Commerce, stating that the
Chamber is opposed to changing license fees one at a time , and that the Chamber
would be willing to participate in a complete study and hearing of this matter..
Upon motion of Councilman Fishback, seconded by Mayor Rollins; Council
voted unanimously that the Town Manager be authorized to study and recommend
several consultants and submit those names to the Council that they sight pick •
one to study the present business licenses of the Town of Leesburg.
250 •
MINUTES OF JULY 27, 1966 MEETING.
Upon motion of Mayor Rollins, seconded by Councilman Orr , the following
resolution was placed on the floor for discussion:
WHEREAS, the Town Council of the Town of Leesburg borrowed .5475,000
from the Riggs National Bank for a 12-month period in anticipation
of the sale of General Obligation Bonds, and
WHEREAS, said note matures on September 13, 1966, which bears an in-
terest rate of 2.60%, and •
WHEREAS, the Town of Leesburg wants to extend this note for an addi-
tional six-month period,
NOW, THEREFORE, BE IT RESOLVED that the Town Treasurer be authorized
to sign said note for a six-month period beyond September 13; 1966,
at an interest rate of 3-5/8%, with the right of redemrtion, in ac-
cordance with letter dated July 18, 1966 from Riggs National Bank.
Upon motion of Councilman Cole , seconded by Councilman Fishback, Council
voted unanimously to amend this resolution to read for a one-year period. - The
resolution was then unanimously adopted, as amended, making the That two- para-
graphs of said resolution read as follows :
WHEREAS, the Town of Leesburg wants to extend this note for an addi-
tional one-year period,
NOW, THEREFORE, BE IT RESOLVED that the Town Treasurer be authorized
to sign said note fora
one-year period beyond September 13, 1966,
at an interest rate of 3-5/8%, with the right of redemption, in ac-
cordance with letter dated July 18, 1966 from Riggs National Bank.
Upon motion of Councilman Pumphrey, seconded by Councilman Orr, Council
unanimously adopted the following resolution :
3E IT RESOLVED by the Town Council of the Town of Leesburg, that .the
Town Manager be authorized to ask for bids on painting the 14 m. g.
Standpipe.
Upon motion of Mayor Rollins, seconded by Councilman Orr , Council unani-
mously adopted the following Ordinance :
BE IT ORDAINED by the Town Council of the Town of Leesburg, that
Sec. 15-41(2) of the Code of the Town of Leesburg be amended to
read as follows:
(2) Commits simple larceny not from the person of another of
goods and chattels of the value of less than one hundred dollars,
shall be deemed guilty of a petit larceny, which shall be punish-
able ds a misdemeanor.
Upon motion of Councilman Cole , seconded by Councilman Orr , the following
Ordinance was unanimously adopted:
BE IT ORDAINED by the Council for the Torn of Leesburg, that Section •
18-1-55.1 of the 1950 Code of Virginia, as amended, Sections (a)
through (s) , be and they are hereby adopted to the extent that the
sane are applicable.
Mayor Rollins cited Sec. 15-16 of the 'Town Code regarding the loitering
or loafing on street corners of minors and stated that he wanted ' to see this
•
Ordinance enforced.
Councilman Cole brought up an Agreerient between the Town and the Loudoun
County School Board, which Agreement was dated April 24, 1958 and relative to•
the water lines being constructed to the Douglas Elementary and Douglas High
Schools. The last paragraph of this Agreement states that the Town will furnish
water and sewer facilities to all schools within the Town limits, with no sewer
charge to be made and the normal charge for water facilities to be made. He
brought to the attention of the Council that the School Board office building on
Union Street is not being charged with a sewer charge and asked that the le-
gality of this Agreement be determined. Mayor Rollins said he thinks this should
be negotiated with the School Board and asked the Town Attorney to study this and
0 report back to Council regarding the legality of the Agreement.
There being no further business, Council a- 'ourned with c' neral consent at
9:55 (//F Jt.;,'� ` ' [� . Je ,,,y, 8, K
k -" -'-_I ?Mayor
Clerk of the Council
. r-
NORTHERN VIRGINIA DISTRIBUTORS
imber4 OFFICE, DIS
NEEIOENC E, 777-2042
House Of Lords -Realtors
of Leesburg, Virginia
EAST MARKET STREET AND RT.-7 EAST LEESBURG. VIRGINIA
July-26-1966
TOWN OF LEESBURG
Office Of
MAYOR
Box-88-Leesburg
Virginia .
Your Honour
I am in receipt of your communication of the
25th Inst, for which I thank you.
The contents of your Letter are very flattering and such an
appointment gives me the feeling of humble appreceation and
I wish you to know I will be most honoured to serve the-
Leesburg-Board-Of-Architectural-Review and endeavor,to the
best of my meagre capacity,to be an assett to same .
It is therefore with a feeling of responsibility,honour and
sincere respect that I express my attitude to you,regarding
this appointment.
I Have The Honour To Be Mr Mayor
Yours most Respectfully
I,
4.1
. L� t "
Die°. -A,Richards
91;.I
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Page 1 of 4 pages
FEDERAL AVIATION AGENCY
GRANT AGREEMENT
Part 1-Offer
Date of Offer JUL 7 Z 1966
c Leesburg Municipal (Godfrey) Airport
Project No. 9-44-014-D702
Contract No. =A-EA-541
TO: Town of Leesburg, Virginia
(herein referred to as the "Sponsor") -
FROM: The United States of America (acting through the Federal Aviation Agency, herein re-
ferred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
October 15, 1955, , for a grant of Federal funds for a project for develop.
ment of the Leesburg Municipal (Godf rey). Airport (herein called
the `Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
Construct, markand install lighted taxiway guidance signs on a
1790' x YO' extension of the parallel taxiway to Runway 17 end
all as more rartic_iarty described in the property map revised April 5, 1965, and
substituted for that attached as Exhibit "A' to the Project Application dated
March 11, 1963, which is incorporated __ the Grant Agreement for Paas? Project
No. 9-LI__ 1L- in theplansci_ic tion as- for this
0_ . c4 V_, and and 5�0.._T_^2 t,_v.:5 approved
project by the Chief, Airports Branch, Washington, D. C., Area Office, "-i^, Eastern
Region, on November 23, 1965, all of which are hereby incorporated herein by
reference and made a part hereof;
•
- 3 M. _�_L':t:_
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•
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Page 2 of a- pages
•
/101\V/THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal
Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and
ratification of the representations and assurances contained in said Project Application, and its -
acceptance of this Offer as hereinafter provided, and (13) the benefits to accrue to the United States
and the public from the accomplishment of the Project.and the operation and maintenance of the -
Airport as herein provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF
THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of
the allowable costs incurred in accomplishing the Project, 50 per centum of all of such costs. -
•
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
$35,000.00.
2. The Sponsor shall: •
(a) begin accomplishment of the Project within .sixty • days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the- Project without undue delay and in accordance with the
teens hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations
of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of
this Offer; which Regulations are hereinafter referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA. -
3. The allowable costs of the. project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula-
tions:
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 151 .57 - 151 .63 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided,
• that, in the event a semi-final grant payment is made pursuant to Section 151.63 of the
• Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
•
P 2
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1 / •
Page 3 of 4 pages
5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
/ tion incorporated herein and specifically covenants and agrees, in accordance with its
. Assurance 4 in Part III of said Project Application, that in its operation and the operation
of all facilities thereof, neither it nor any person or organization occupying space or facili-
ties thereon will discriminate against any person or class of persons by reason of race, color,
creed or national origin in the use of any of the facilities provided,for the public on the
airport. -
6. The FAA reserves the right to-amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
o -
7. This Offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
AUG 3 i 1956 - or such subsequent date as may be prescribed in writing
by the FAA. •
•
8. In addition the sponsor shall: •
(a) Incorporate or cause to be incorporated in each contract
for construction work under the project, or any modifica-
tion thereof, the equal opportunity clause as set forth
in Section 202 of Executive Order No. 11246 of
September 24, 1965, or such modification thereof as may
be approved by the Secretary of Labor.
-(b) Incorporate or cause to be incorporated in each bid or
proposal form submitted by prospective contractors for -
construction work under the project the provisions
prescribed by Section 151. 54(d)(1)"; Part 151, Federal
Aviation Regulations.
•
(c) Be bound by said equal opportunity clause in any
construction work under the project which it performs
itself other than through its ,own permanent work force
directly employed or through the permanent work force
.directly employed by another agency of government.
(d) Cooperate actively with the FAA and the Secretary of
Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and
the rules, regulations, and relevant ordersofthe
Secretary of Labor.
(e) Furnish the FAA and the Secretary of Labor such inform"-
tion as they may require for the supervision of such
compliance and will otherwise assist the FAA in the
discharge of its primary responsibility for securing
compliance.
FAA FORM 1532 16-63) DESTROY PEE/!GUS EDITION PAGE
1
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Page 3A of 4 pages r
(f) Refrain from entering into any contract or contract
modification subject to Executive Order No. 11246
with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts
and Federally assisted construction contracts -
pursuant to Part II, Subpart D of Executive Order
No. 11246.
(g) Carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed .
upon contractors and subcontractors by the FAA and
the Secretary of Labor pursuant to Part II, Subpart •
D of Executive Order No. 11246; and in the event
• that the sponsor fails or refuses to comply with
its undertakings, the FAA ray cancel, terminate or
suspend in whole or in part any contractual arrange- .
ment it may have with the sponsor, may refrain from
extending any further assistance under any of its
• programs subject to Executive Order 11246 until
satisfactory assurance of future compliance has been
received from such applicant, .or may refer the case
tc the Department of Justice for appropriate legal
proceedings.
9. By its acceptance of this Grant Offer the sponsor agrees that
insofar as is within its powers and to the extent reasonable,
the sponsor will take action to restrict the use of land adjacent
to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations including
landing and take-off of aircraft.
•
•
10. The sponsor's financial records of the project established,
maintained and made available to personnel of the FAA in
conformity to Section 151.55 of the Regulations of the Federal
Aviation Agency (14 CFR 151), will also be available to
representatives of the Comptroller General of the united States.
•
Page 3A
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Page 3B of 4 pages
11. It .is understood and agreed, with respect to the Project Application
dated October 15, 1965,
a) that the typewritten description of airport-development
appearing in the second paragraph on Page 1 be and the
same hereby is deleted and the tyrnewritten description
of airport development-appearing in the second "WITEREAS"
clause on Page 1 of the0
Grant Offer be and the same
hereby is substituted therefor.
b) that this printed language: "---Section A of FAA
Technical Standard Order No. N-18, or Advisory Circular
(AC) No. 150/5300.1, whichever is applicable according
to the currently approved airport layout plan." ,
appearing in the 9th, 10th, 11th and 12th lines of para-
graph 7, Part III-,Sponsor' s Assurances, be and the same
hereby is deleted and the following language be and the
same hereby is substituted therefor: "Section 77.23, as
applied to Section 77.27, Part 77 of the Federal Aviation
Regulations" . I
c) that the Federal Government does not now plan or con-
template the construction of space or facilities for
any of the activities specified in Paragraph 9, Part
III-Sponsor' s Assurances, and that the FAA will not
request and the Sponsor will not be obligated to
furnish, under this Grant Agreement, any areas of land
or water, or estate therein, or rights in buildings
of the Sponsor for such construction.
12. The Sponsor covenants and agrees, with respect to the clear zones
shown on the Airport Layout Plan approved December 14, 1965, by the
Chief, Airports Branch, Washington, D. C. , Area Office, FAA,
plan, if any, that
Fzs�err. Region, and on future revisions of such
the Sponsor will maintain the land in such clear zones as to which
the Sponsor holds fee simple title, free and clear of all
structures, except those reduired as aids to air navigation, unless
otherwise authorized by the FAA.
13. The FAA, in tendering this Offer on behalf of the United States,
recognizes the existence of an agency .relationship between the
To:.-n of Leesburg, Virginia, as principal, and the State Corporation
Co=dssion, State of Virginia, as agent, created by an Agency Agree-
. L 19 pursuant to Section 377510 of the Code•
men.. datedJanuary 1 . _/63, pus u_nt
of Virginia of 1942, as amended, which said Agency Agreement is
attached to the Grant Agreement 'AAP Project No. 9-44-0I4-C40I
arra ~ _.a part thereof, anSponsor does herebycovenant and
agree that such Agency Agreement will not be amended, modified or
terminated without the prior written approval of the FAA.
Page 4 of 14- purges
/
the Sponsor's acceptance of this Offer. and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-
/ after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Federal Airport Act, constituting the obligations and rights of the United States and the Spon-
sor with respect to the accomplishment of the Project and the operation and maintenance of the Air-
port. Such Grant Agreement shall become effective upon the Sponsor's-acceptance of this Offer and
• shall remain in full force and effect throughout the useful life of the facilities developed under the
Project but in any event not to exceed twenty years from the date of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION AGENCY
0
1 (TITLE)
Director, Eastern Region
1 1I
'_ - ' ' ._ _- --• - _ ,.'.:-u 2 _