HomeMy Public PortalAbout1969_07_30SPEC 71
MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, JULY 30, 1969.
A Special Meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia , on July 30
1969 at 4:00 P.M. for the purpose of considering a letter from Mr. John
L. Scott re the use of and payment for his Well. The meeting was called
to order by Mayor Pro-Tem Robert A. Orr in the absence of the Mayor.
Those present were Mayor Pro-Tem Robert A. Orr, Councilmen G. Dewey Hill,
Frederick R. Howard, Walter F . Murray and John W. Pumphrey ; also Town
Manager James W . Ritter, Jr. and Town Attorney George M. Martin. Absent
Were Mayor Kenneth B . Rollins and Councilman John A. Wallace , Jr.
Councilman Murray expressed his views in this regard, stating that
he believed we should pay for the use of the well at the rate specified
by Mr . Scott , although he believed it would be paid for under protest ,
and also that Mr. Scott be informed that his land would 'be reappraised '
for tax purposes . He also asked if we are ready to cut this well off.
Mr. Ritter said we should be ready to cut it off tomorrow morning
when the Myers Well is put into operation. We will, at that time, owe
Mr. Scott for 64 days .
Councilman Pumphrey took the position that we are still negotiating
with Mr. Scott on a price for the use of the well . Mr. Ritter said there
is nothing in any of the written correspondence saying how much water
CD r the well would put out , although Mr. Scott has verbally insisted that
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it would produce 1,000 gallons per minute .
L7 Town Attorney Martin said he, felt the Town is bound by the contract
entered into in the emergency, and we might just as well pay it and get
it out of the way .
Mr. Ritter called to Council 's attention the fact that, in October
of 1962 , the Town connected to this well and used it for seven months
and didn ' t pay Mr. Scott one penny for it. He said he called him on
May 16th and he gave him the go-ahead to use the well. On May 20th,
before we started using it , Mr . Scott stated in a letter that the ren-
tal would be $1,500 per month. On May 28th, we started pumping water
and we had entered into no different contract, other than that . As of'
today, we owe him $3 , 200 , .at the rate of $50.00 per day. He said he
did not know what we would have done without this well, either in 1962
or the present crisis . At the rate of 30 cents per thousand gallons,
we have collected $2,687 for the water we have used.
Councilman Hill asked Mr. Martin if Mr. Scott could legally collect
interest on this money , if not paid by tomorrow. Mr. Martin said he
would think he could place any interest rate on this money that he wants
to and he doesn ' t see how we can get out of paying his price .
Mr. Ritter said the Myers Well should be in operation tomorrow
morning and he saw no reason why we cannot cease using the- Scott Well
at that time.
On motion df Councilman Murray , seconded by Councilman Hill, the
following resolution was adopted by a roll call vote of 4 to 1, with
Councilman Pumphrey voting against it:
BE IT RESOLVED by the Town Council 'of the Town of Leesburg,
that $50 .00 per day be paid to John L. Scott for the use of
his well for 64 days , and that we advise him by Registered Mail
of the termination of the use of the well . .
On motion of Councilman Orr, seconded by Councilman Murray , the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the Town Manager be authorized to write a letter to ac-
company this check, expressing the views of the Town Council
as to the price Mr. Scott has obtained for the use of the
well in this critical situation.
There being no further business , th- .-etin: n- • : .rne . at 4 :30 P.M.
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/✓ J Mayor Pro-Tem
Clerk of he Council