HomeMy Public PortalAbout1971_05_12 309
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 12, 1971.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia , on May 12,
1971 at 7 : 30 P.M. The meeting was called to order by the Mayor, with
Councilman• Hi-ll offering the prayer. Those present were : Mayor Kenneth
B. Rollins, Councilmen G. Dewey Hill, Frederick R. Howard, Walter F:
Murray, John W. Pumphrey and John A. Wallace, Jr..; a-iso Town Manager
James W. Ritter, Jr. and Town Attorney George M. Martin. Absent from
the meeting was Councilman Robert A. Orr.
The Minutes of the regular meeting of April 28 , 1971 were approved
as written.
Attorney William W. Nickels presenteg, 6gftc8Hns#l 's consideration,
a Deed of Partial Vacation of Subdivision o 7 arcel B of Section One,
Rock Spring Heights Subdivision. He explained from the plat that this
consists of an area of some 3500 square feet and would allow the developers
to run the street straight through so that it would be perpendicular with
Dry Mill Road, which would be in accordance with good planning practices.
Mr. Forbes explained that this is well within compliance with the Subdi-
vision Ordinance and will be added into the next section to be developed -
it will straighten out the line for this next section. He said Town At-
• torney George Martin has approved this Deed. Otx EUi4x6fx66MAntI sloxliX:T:24
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ea-4 reazdsxasxfaiiiiwsxxSee Insert.
THIS DEED OF PARTIAL VACATION OF SUBDIVISION made this 4th day
of May, 1971, by and between ALFRED L. B. diZEREGA, III, WILLIAM
A. HERNDON, JR. and MARY G. HERNDON, his wife , and WILLIAM W.
NICKELS, parties of the first part ; TOWN OF LEESBURG, VIRGINIA,
a municipal corporation chartered and existing under the laws
of the Commonwealth of Virginia , party of the second part, PAUL G.
HERRELL and NICHOLAS MALINCHAK, both of Arlington County, Vir-
ginia , TRUSTEES , parties of the third part ; and PROVIDENCE SAV-
INGS AND LOAN ASSOCIATION, a Virginia corporation, party of the
fourth part.
' WITNESSETH :
THAT WHEREAS, the parties of the first part are the owners of
a certain tract or parcel of land known as Section One, Rock
Spring Heights Subdivision, located in the Town of Leesburg,
Leesburg Magisterial District, Loudoun County, Virginia, as
appears of record in the Clerk ' s Office of the Circuit Court
of Loudoun County, Virginia, in Deed Book 522 , at Page 500; and
WHEREAS, the parties of the first part desire to vacate a cer-
tain portion of Parcel B of said subdivision, which portion of
land is hereinafter described with particularity , and the party
of the second part has consented to the vacation of said por-
tion of Parcel B of Section One , Rock Spring Heights Subdivi-
sion, as have the parties of the third and fourth parts.
NOW, THEREFORE, in consideration of the premises and pursuant
to Section 15 . 1-481 of the 1950 Code of Virginia , as amended,
vacation is hereby made from the land aforesaid known as Sec-
tion One, Rock Spring Heights Subdivision, of a certain por-
tion of Parcel B therein, which portion of land appears by sur-
vey made May 3 , 1971, by W. W. Wilson, C.L.S. , a plat of which
is attached hereto and made a part hereof, and is more particu-
larly described as follows :
"Beginning at an iron pipe in the northerly right-of-
way line of Dry Mill Road (35 feet from the centerline) ,
corner to Parcel A and in the line of A. L. B . diZerega ,
et al. ; thence leaving the northerly right-of-way line
of Dry Mill Road and A. L. B . diZerega , et al. and run-
ning with Parcel A North 37° 16 ' 00" West 120.00 feet,
thence with a curve to the left whose radius is 20.00
feet an arc distance of 31.42 feet to a point ; thence
leaving Parcel A and running through Parcel B of which
the herein-described is a portion, as shown on attached
plat which is hereby made a part of this description,
INSERT
On motion of Councilman Hill, seconded by Councilman Howard, the
following resolution was unanimously-adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following instrument be adopted and the Mayor au-
thorized to sign it on behalf of the Town:
•
310
MINUTES OF MAY 12, 1971 MEETING.
North 37° 16 ' 00" West 39.83 feet to a point in the line
of Lucy G. diZerega ; thence running with Lucy G. diZerega
North 77° 11 ' 40" East 54.84 feet to an iron pipe in the
line of Lucy G. diZerega and corner to A. L. B . diZerega ,
et al. ; thence leaving Lucy G. diZerega and running with
A. L. B. diZerega, et al South 26° 29 10" East 159. 94
feet to the point of beginning, containing 3 .345 square
feet of land. "
The party of the second part having consented to the vacation of
said 3,345 square feet of land from said subdivision, in accord-
ance with law, joins in the execution hereof signifying the same,
and said land is hereby vacated and shall no longer be a part of
said subdivision, and pursuant to law, title to said land shall
revert to the parties of the first part as though never having
been subdivided.
And the parties of the third and fourth parts do further con-
sent , approve and agree to said vacation.
WITNESS the following signatures and seals :
• (SEAL) 1.
Alfred L. B. diZerega, III
(SEAL)
William A. Herndon, Jr.
• (SEAL)
• Mary G. Herndon
•
• (SEAL)
William W. Nickels
TOWN OF LEESBURG, VIRGINIA,
a municipal corporation
BY:
(SEAL) Mayor
ATTEST:
BY:
i Clerk
(SEAL)
Paul G. Herrell,- Trustee
(SEAL)
Nicholas Malinchak, Trustee
PROVIDENCE SAVINGS AND IRAN ASSOCIATION,
a Virginia corporation
BY:
TITLE:
(SEAL)
ATTEST:
BY:
TITLE:
•
Town Manager Ritter reported the following:
(1) The open dump situation has been corrected on Clarence Jew-
ell 's property.. Everything has been covered and smoothed out and he will
not allow any more dumping.
(2) On the resolution regarding Arl Curry, this was just received
yesterday and the Committee did not have a chance to consider it. Mr.
Curry has completed everything., with the exception of sidewalk, and he
will build this as he develops the subdivision to be sure that he gets
the entrances in the right place to fit the lots . He has deposited ample
money with Metropolitan Savings and Loan and he has a letter from them
stating that they will hold the money until the work has been completed
to the Town 's satisfaction .
311
MINUTES OF MAY 12, 1971 MEETING. •
Councilman Howard asked if Mr. Ritter had been able to ascertain
anything regarding the price of a sticker for a motorcycle and if it would
be necessary to have a resolutionregarding this . Mr. Ritter said any-
one buying a sticker for a motorcycle will now pay $3 .00 and it will be
necessary to change the Code , which will be done at the next meeting.
Mayor Rollins asked if anything has been done regarding the water
situation in Country Club Subdivision. Mr. Ritter said they are waiting
for the man to come to see what is wrong with the pumps - they are not
being used at the present time . There are only about two houses that
have low pressure at times and, if they use only one spigot at a time,
the situation is not too bad.
Mayor Rollins announced that the Amendment to the Town Charter
passed at the last session of Legislature, so the new members of Council
• will take office on July 1st and should be sworn in by that time.
A Public Hearing was held at this time with regard to the applica-
tion of Walter L. Phillips to have land owned by him on North Street
between Harrison Street and Slack Lane , known as Carnes Subdivision and
containing about 5600 square feet, or approximately an acre, rezoned from
R-2 to R-3. Mr. Phillips addressed Council regarding this , explaining
that he purchased this land in 1957 . It consisted of 8 lots and one has
— been developed with a single family dwelling. The other seven are of
record and the property is not under contract for sale to anyone. This
is his personal endeavor and he would probably be the developer of the
property . He said he had not felt , from the beginning, that the develop-
ment of these lots for single family dwelling use would be in the best
interest of the Town, nor the best use of the land. He feels that town
houses would be appropriate for this property, based on his experience
with town house development in his professional career. Town houses make
a good transition between single family and commercial property and he
believes this property is almost entirely bounded by commercially zoned
property . He believes this would be a good buffer and that town houses
are a popular form of housing today . There are many people who can have
a home to call their own this way, without having all the problems that
go with a single family home , such as largelawns , etc . The cost of pro-
ducing single family homes today has made it almost impossible for a large
segment of people to purchase a house today - he believes that it is be-
coming more and more that only the affluent can afford single family homes .
He feels that this property meets the criteria preferable for town house
development . His experience with town houses has been that the most at-
tractive are those in small groupings . He exhibited and explained the
plans he has for these town houses and said that he would call it "Exeter
Square . " This plan was done in September of 1969. These plans and ap-
plication have been held by the .Planning Commission since October and have
been deferred repeatedly until about two to three weeks ago when the Com-
mission denied his application. Mr. Forbes explained that the dommittee
appointed by Chairman Leach to study this request was the same committee
appointed to study the County Office space requirements . This particular
tract of land happens to fall within the area that the County proposes to
eventually use for its complex. Therefore , the committee recommended
to the Commission that this application be denied and the Commission then
recommended to the Council that it be denied.
Councilman Murray said he feels this is an ideal area for titivating.
He believes the County 's plans are for the School Board to use this land
if they want to put their facilities in the County Complex. He does not
think any Government agency has a right to say they want to use land as
long as 10 to 20 years from now - he believes the County should start taking
some action now on the land that is vacant. He believed Mr. Phillips should
ask the County if they intend to buy this property. Mr . Phillips said he
has already done this , he has made repeated attempts to find out what is
going on and he has not been able to get Mr. Brown to even return his call.
When he asked, in order to know something for tonight ' s meeting, Mr. Brown
left word that the plan was not finished yet. He said another County em-
ployee told him that this property was recommended for use by the School
Board, but he did not know what the County was going to do. He said he
was very happy to hear Councilman Murray express this opinion. He has
quite a bit of money tied up in this land and cannot afford to tie up
this land any longer. Based on all this talk, he wrote the County in
Mitint
312
MINUTES OF MAY 12, 1971 MEETING.
June of 1970 and said he would be happy to negotiate sale of this land
at that time. He received an acknowledgment of his letter, but that was
all. He did not know what he would do about building on this land, he
may consider building something and renting it. '
On motion of Councilman Murray, seconded by Councilman Wallace, the
following was offered:
That the request for rezoning initiated by Walter L. Phillips
for a tract of land bordering on North Street, Harrison Street
and Slack Lane, and more particularly described in his appli-
cation, from R-2 to R-3 be approved.
Councilman Murray said he believed this would put the "bee" on the Coun
so that, if they are acting in good faith and this is a piece of property
they want , they will start negotiations with him. He thinks this is one
tool we can use to make the County make up its mind on what they are going
to do. Councilman Hill asked Mr. Phillips if he would really build houses
if he knew the County was going to take this land. He did not think so
if he knew they were going to take it, however, if he had had the feeling
they were going to take the land, he would not have pursued this request
for rezoning. He said he knows of a piece of land purchased for Route 66
in 1962 and Route 66 has not been built in this location yet - this has
been nine years . He has not yet seen anything that would make him with-
draw his application. If it is going to take 10 to 15 years , he would
seriously consider building houses, not just let this property sit all
this time. Councilman Murray said the Planning Commission .has delayed
this because of- the County Complex and he thinks it should be decided now.
Councilman Howard asked if R-3 zoning will upgrade the land. Town Attorney
Martin said he doesn ' t think the Town can legitimately refuse rezoning be-
cause they think the County is going to take the land - he would think
R-3 zoning would increase the market value of the land. Mr. Forbes said
you can get more units to the acre with R-3 zoning. Councilman Pumphrey
pointed out that these would be narrow streets for ingressandegress and
he assumes the streets would be .widened if the County buys the property.
He understands the County proposes to take the whole block.
of 5 to 1
A roll call vote mmamimzmaiar adopted the above motion, with Coun-
cilman Pumphrey voting against it .
The Proposed Budget for 1971-1972 was taken up at this time . On
motion of Councilman Wallace , seconded by Councilman Howard, the proposed
salary for the Treasurer was increased to $8,300 .00 and for the Deputy
Treasurer to $7 ,750.00. This motion was unanimously adopted. Town
Manager Ritter explained that, with regard to the Copy PhotoMachineunder
Capital Outlays in the General Fund, a good deal of time has been spent
with the Xerox salesman and the rental on the model needed will cost $60
per month, so this amount would .need .to be changed to $720.00. On motion
of Councilman Wallace, seconded by Councilman Murray, this change was
unanimously adopted. Mr. Ritter said he had called Mr. Gheen at the Bank
regarding the extension on payment of the Airport note to ascertain if
we should use 5-3/4% in the new Agreement. Mr. Gheen was out of Town, so
we do not have an answer on this yet. On motion of Councilman Murray,
seconded by Councilman Wallace , the following motion was unanimously
adopted:
That the tentative Budget be advertised for Public Hearing,
and .that the tentative tax rate be advertised at Ninety Cents
($ . 90) on Real Estate, One Dollar ($1 .00) on Personal Property
and Eighty Cents ($ .80) on Bank Stock, said Public Hearing to
be scheduled for June 9, 1971.
Mr. Foes said that, under the new Amendments to the Zoning Ordi-
nance , it is automatically left up to him to advertise Public Hearings
on rezoning requests .
Town Attorney Martin asked that Council approve a Decree, copy of
which was attached to the Agenda, regarding the issuance of Building Per-
mits, .explaining that this would eliminate the problems experienced in the
past where the Town was issuing Zoning Certificates within subdivisions in
the one-mile jurisdiction, while the County has the control over the zoning
of said property. Various Council members were of the opinion that the
Town should ask for two-mile subdivision jurisdiction at the same time they
ask for approval of this Decree. Town Attorney Martin said Commonwealth ' s
'33)22
313
MINUTES OF MAY 12 , 1971 MEETING.
Attorney Devine would have to go back to the Board of Supervisors to ask
them about this - he would have to get permission from the Board. Then
Council would have to instruct him, or somebody, to go before the Board
and ask that they agree to two-mile jurisdiction . This matter was dis-
cussed, with Town Attorney Martin suggesting that this be referred to
the Committee to determine whether the Town wants two-mile jurisdiction.
He believed the Decree could be entered and then a resolution adopted,
instructing him to pursue the two-mile jurisdiction matter. Mr. Forbes
said he did not think the two are even related, if this is done , you will
not get rid of the bottle-neck that has existed for so many years . On
motion of Mayor Rollins , seconded by Councilman Howard, Council voted unani-
mously that Mr. Martin be instructed to add to the Order presented to the
Council a provision granting to the Town of Leesburg exclusive subdivision
jurisdiction for a radius of two (2) miles from the corporate limits , and
that this matter be presented to the Board of Supervisors by Mr. Martin,
- Mr. Ritter and Mr. Murray.
With respect to the Potter ' s Field case, Town Attorney Martin said
that Mr. Ottinger represents First National Bank. The case is now down
to argument on Motions, and Mr . Ottinger has proposed splitting the lot,
a total parcel of 5 ,132 square feet, with the Town taking title to one-
half of the land and the Bank to the other half. Councilman Murray said
CD he thinks we should buy this half, plus the Highway Department land, take
.� out Catoctin Circle , and then we would have a very attractive piece of
p land to put on the market. Mr. Martin suggested that perhaps this should
be sent to the Committee to decide how the line should be drawn to make it
Ca most advantageous to the Town. On motion of Councilman Howard, seconded
by Councilman Pumphrey, Council voted unanimously that the proposal re-
garding Potter 's Field be referred to the Finance Committee for its rec -
ommendation as to the feasibility of the compromise offer. Mayor Rollins
suggested that Commissioner Eakin of the Highway Department be invited to
attend this meeting.
Mrs . Helmi Carr, President of the Loudoun County Chamber of Commerce ,
presented to Council a map donated by Mr. and Mrs . Charles James of Pur-
cellville of the proposed sewer line from the Loudoun Jail of Leesburg
dated 1911, and signed by Mr . Trundle and Mr . Fendall. Councilman Mur-
ray recommended that this be loaned back to the Museum for safekeeping.
Mrs . Moody commented that it is now necessary for them to carry $50 ,000
worth of insurance on the items in the Museum. On motion of Councilman
Murray, seconded by Councilman Wallace , the following resolution was unani-
mously adopted: -
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the very gracious offer of the drawing involving the lo-
cation of the sewer lines from the County Jail dating back to
1911, which was presented to the Town by Mr. and Mrs . Charles
James , be turned over to the Museum for appropriate display and
safeguard until such -time as the Town may require it for other
purposes .
Councilman Murray suggested that a letter of appreciation be addressed to
Mr. and Mrs . Charles James .
On motion of Councilman Pumphrey, seconded by Councilman Howard,
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 proceed with the cor-
rection of a drainage problem on Catoctin Circle gutter in
front of the Yates property, at an estimated cost of $1,000 .00 .
Mr. Pumphrey explained that Mr. Moody will supervise this job very closely.
Mr. Moody said this will be a curb inlet with a catch basin. It is all
on Town property .
On motion of Councilman Howard, seconded by Councilman Pumphrey,
the following resolution was unanimously adopted:
WHEREAS , a bona fide offer of $11,000 was made on April 16,
1971 to Mr. J. Paul Scheetz, Trustee for the Rust property,
for a parcel of land needed by the Town for the construction
of a Water Treatment Plant, and
xxx
314
MINUTES OF MAY 12 , 1971 MEETING.
WHEREAS, Mr. Scheetz, in his letter of April 22 , 1971, turned
down this offer, and stated that they would be willing to con-
sider any reasonable offer in the realm of $35 ,000, and
WHEREAS, the Town Council feels that its offer of $11,000 is
in line with the value of the land,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that the Town Attorney be directed to pro-
ceed with condemnation on the 6 .8526 acres of land to be ac-
quired, and an easement containing 0. 7723 acres to be used
for an approach road, all as shown on Site Plan Water Puri-
fication
Facilities , prepared by Johnson and Williams , Con-
sulting Engineers .
On motion of Councilman Pumphrey, seconded by Councilman Murray,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the $5 ,000 set up in Budget for Sidewalk Maintenance be
appropriated for certain curb and gutter and sidewalk that
needs to be replaced.
Mr. Ritter explained that he would try to negotiate a contract with
either Chantilly Construction Co. or a firm in Winchester that has done
work for the Town, both of whom are good contractors . Areas to be in-
cluded in this project would be Prospect Hills on Belmont Drive, around
Safeway, a portion on Market Street in front of the Methodist Church,
Monroe Street, Old Waterford Road, Wirt Street in front of the Parking
Lot. Mayor Rollins asked if the curb would be replaced where it is gone .
Mr. Ritter said it will be. Councilman Pumphrey asked about the sidewalk
on Edwards Ferry Road where the trees were removed. Mr. Ritter said he
would prefer to wait on this until other trees are removed along this
block. Mayor Rollins said he had also had a request for sidewalk across
from the Jail on Route 7 . Mr. Ritter said we need some property there ,
the sidewalk is too narrow, however, we could improve it by taking down
the trees . The above resolution was then unanimously adopted.
On motion of Councilman Pumphrey, seconded by Councilman Murray,
. the following resolution was unanimously adopted, after explanation by
Mr. Ritter that the total cost is based on quantities . Tri-County 's bid
was $6 ,560.00,. but this will vary somewhat. We had one other bid at a
higherprire of $7 ,439.00. He believed that, with competition, we got a
pretty good price.
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that a contract be awarded to Tri-County Asphalt for Surface
Treatment, in accordance with their bid of $ .35$ per -gal . for
asphalt, and $8 . 25 per ton for stone .
•
On motion of Councilman Pumphrey, seconded by Councilman Hill, the
following Ordinance was offered:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Sec . 25-16 . 15 of the Water Ordinance be amended to read:
The municipality hereby agrees as follows : "To reimburse
the developer for the costs of water lines greater than 8"
in diameter, and for any off-site fire hydrants installed
by him at the direction of the Town. "
Mr. Ritter explained that , the way it reads now, it could be interprete
that the Town would reimburse the developer 100 per cent for the cost o
any off-site water line he puts in. Under this amendment , we will re-
imburse him for any line greater than 8" and for fire hydrants . After
general discussion on this Ordinance, on motion of Councilman Howard, sec-
onded by Councilman Murray, Council voted unanimouslto amend the above
proposed Ordinance to add after "greater" the words "in diameter than that
required to serve his own property. " The Ordinance, as amended, was then
unanimously adopted and reads as follows :
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Sec;525-16:15 of the Water Ordinance be amended to read:
The municipality hereby agrees as follows : "To reimburse the
developei for the costs of water lines greater in diameter than
that required to serve his own property, and for any off-site
fire hydrants installed by him at the direction of the Town . "
xaStc
315
MINUTES OF MAY 12, 1971 MEETING.
On motion of Councilman Howard, seconded by Councilman Pumphrey,
•the following Ordinance was unanimously adopted : -
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Sec . 19-22 . 16 of the Sewer Ordinance be amended to read:
The municipality hereby agrees as follows : "To reimburse the
developer for the cost of oversizing any sewer line greater
than that required to serve his development . "
On motion of Councilman Pumphrey, seconded by Councilman Howard,
and after a great deal of discussion, the following "Policy Guidelines
for Off-Site Drainage or Storm Sewer Requirements'': were adopted by a roll
call vote of 5 to 1, with Councilman Wallace casting the dissenting vote :
POLICY GUIDELINES FOR OFF-SITE DRAINAGE OR STORM SEWER REQUIREMENTS
In the interest of the health, safety and welfare of all , when
the appropriate land use has been determined for any area to be de-
veloped, the Town reserves the right to require the developer to show
that off-site downstream drainage can be accommodated (considering
the planned development of the contributing watershed) without dam-
age to existing facilities or properties before such development is
CD approved for construction.
Development within a watershed involving a change in the use of
the land therein is normally associated with an increase in impervious
areas , resulting in a greater quantity, as well as a more rapid and
frequent concentration of storm water runoff. The construction of
storm drainage improvements will be requir d along waterways as shed
development progresses to alleviate flood/a M !crest deterioration of
existing drainageways . The extent and character of such improvements
shall be designed to provide for the adequate correction of deficien-
cies , and will extend downstream to a point where damages to existing
properties ascribable to the additional runoff will be minimized.
For the purposes of prudently providing for an orderly development
of drainage sheds and establishing a usable facility along waterways
that may be reasonably maintained, the financing of( required improve-
ments will be pro-rated over the contributing area .
The proportionate cost of off-site drainage improvements attri-
butable to existing and proposed developments will be based upon the
project cost of those downstream facilities that function to convey
the storm water runoff originating within the contributing shed lim-
its of the development , and in the proportion that such runoff bears
to the total being conveyed.
To facilitate the computation for pro-rating drainage costs , im-
pervious areas may be substituted for runoff quantities . The cost of
off-site downstream drainage improvements attributable to an imper-
vious area shall be based upon a distribution of the total downstream
improvement cost over the entire impervious area within the contribut-
ing shed. The impervious area will be determined from the most cur-
rent and expected land use plans . The cost distribution shall be derived
by dividing the contributing impervious area into the improved cost of
each downstream reach and preparing a summation of the same .
For example : Say there is a total of 1,000 acres of impervious
area in a particular watershed and the total costs of the OFF-SITE
STORM SEWERS required are $100,000 .00 - Landowner "AY wants to develop
his land and, under the land use requirements or zoning, he has 100
acres of impervious area . Then his proportionate cost of the off-site
drainage improvements would be :
Total impervious area (1 ,000 acres) = $100,000.00 (total cost of
off-site drainage ,improvements)
Landowner "A" 's share would be 100 x $100,000:00 = 1/10 x $100,000 .00=
000 $10,000.00
Whit
316
MINUTES OF MAY 12 , 1971 MEETING.
Where a developer chooses to contribute his proportionate share
toward the correction of off-site outfall deficiencies , the Town may
accept such contributions toward their correction, and accepts the re-
sponsibility to the citizens for the initiation and prosecution of
projects for the alleviation and/or correction of storm drainage de-
ficiences insofar as funds can be made available for their accomplish-
ment .
Where the developer chooses to either construct or provide the funds
for the construction of more than his proportionate share of the down-
stream off-site drainage improvements so that he may proceed with the
improvement of his land without damaging the properties of others, the
Town will endeavor to collect , on a pro-rata basis, any excess funds
expended beyond his proportionate share of the cost of such improve-
ments from other properties within the watershed served by such drain-
age improvements , when such properties are developed within a period
of ten years from the date that the drainage improvements are financed
or constructed, and to turn these funds , without interest, over to the
initial developer or his assigns .
An agreement shall be entered into between the developer and the
Town of Leesburg for the amount of his contribution towards the cost
of off-site drainage development . Each developer 's share of cost will
be determined by the Town of Leesburg, and the money shall be paid to
the Treasurer of the Town of Leesburg .
The Treasurer shall receive such funds so designated and shall main-
tain a separate ledger account on all monies received and disbursed from
each respective "Drainage Shed. " Upon completion of the Off-Site Storm
Sewer Improvements, if there is a final balance remaining in the ac-
count, each contributor will be refunded an amount of money equal to the
percentage of cost that he contributed.
On motion of Councilman Howard, seconded by Councilman Pumphrey, the
following "Policy Guidelines for Off-Site Sanitary Sewer Construction'-'
were unanimously adopted:
POLICY GUIDELINES FOR OFF-SITE SANITARY SEWER CONSTRUCTION
Where any new site or subdivision development requires a new
trunk or sub-trunk sewer line or a relief trunk or sub-trunk sewer to
adequately serve the new development, antic whereas the Town has no im-
mediate plans to enlarge the existing facilities or build a relief
trunk sewer at that time , the Owners and/or Developer will finance
the total cost and construct the project, including engineering, legal
and easement costs , by entering into an agreement with the Town. (See
Town Ordinance, Article IV, Section 19-17 through 19-22)
To properly distribute the costs of the off-site sewer line con-
struction, the pro-rata shares will be computed on all properties in
the entire watershed which will be contributing sewerage to the line,
based on estimated water usage and highest density zoning proposed for
this particular watershed .
The pro-rata portion of ,each landowner will be computed as fol-
lows :
After the total cost of the off-site sanitary sewer line has been
established, each owner 's share of cost will be computed on total water
usage of the proposed development, based on probable future zoning of
the area being considered. This total water usage for each landowner
in the watershed will be in direct proportion to the total future
water usage of all the landowners in the drainage shed, that is, the
total cost of the off-site sewer line will be equal to the total future
water usage.
For example:
Water Usage shall be Computed as Follows :
Zoning R-1 = one family dwelling = 3 .5 persons x 100 = 350 gals/day
R-2 = two family dwelling or duplex = 3 .5 x 100 = 700 gals/day
R-3 - one family dwelling or townhouse - 3 .5 x 100 = 350 gals/day
=5=
317
MINUTES OF MAY 12 , 1971 MEETING. .
Zoning R-4 = Multi-family - Apartments = 3 .0 persons/unit =
3 .0 x no . of units x 100 gals/day = total gals/day
B-1 = Community Business District = 2000 gals/acre/day
B-2 = General Business District = 2000 gals/acre/day
M-1 = Industrial District = 10,000 gals/acre/day .
Say the total water usage for a single watershed was computed to
be 270,000 gals/day, and the total cost of a relief trunk sewer line
I
was $75 ,000, then we have - 270,000 gals/day = $75,000 - Assuming Land-
owner "A" has Zoning R-4 with 15 acres and 300 units x 3 persons/unit
equals 900 persons x 100 gals/day = 90,000 gals/day. Then Landowner
"A" 's pro-rata share of the total cost of the relief trunk sewer would
be 90,000 x $75 ,000 = 1/3 x $75 ,000, plus accrued interest at the rate
270,000
of six per cent (6/0) per annum for 10 years, meaning that no interest
shall be charged for any recovery costs after the tenth year from the
date of the agreement .
The Town agrees to charge and attempt to collect sums of money
Ofrom landowners in the watershed who use the aforesaid trunk relief
,--4sewer under the terms and conditions of the agreement (other than the
XI owner or developer who advances the 'total construction costs) .
= The Town shall attempt to collect the aforesaid sums of money from
such landowners upon their application for permission to connect or to
contribute sewerage to the aforesaid trunk sewer.
For the purposes of the agreements , the Town of Leesburg shall be
considered a landowner with respect to any extension of sewer lines it
may make ; which will require the use of the trunk or sub-trunk sewer.
Said sums of money so collected, less interest, shall thereupon
' be reimbursed to the Owner or Developer as the second party to the
agreement , in accordance with Sec . 19-22 . 16 of the Sewer Ordinance.
It should be made clear in the agreement that the second party to
the agreement shall have no interest in or to the new trunk or trunk
relief sewer extension of the Town integrated sewerage systems , nor
shall the agreement operate as a lien upon the same.
The agreement will further stipulate that the Town of Leesburg
shall incur no liability for failure to collect the aforesaid sums
of money, nor shall any sums of money collected in payment of the
charges required by the Ordinances of the Town of Leesburg be sub-
ject to the claims of the second party to the agreement .
The agreement between the Town and the Owner and/or Developer
shall become null and void ten (10) years from date, and the Town
shall retain all right , title and interest to the aforesaid trunk
sewer.
On motion of Councilman Murray, seconded by Councilman Wallace ,
the following resolution was unanimously adopted, with Mr. Ritter ex-
plaining that the supplemental appropriation for insurance is due to the
fact that general liability and workmen 's compensation insurance rates
have increased considerably:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$3, 100.00 - Supplemental Appropriation on Insurance .
500 .00 - O 'Connell Air Conditioning for Water Seal
Priming Unit at Sewer Plant (1969 Bond Issue) .
500 .00 - Supplemental Appropriation on Utility Fund-
Materials .
SIMIX
X
318
MINUTES OF MAY 12, 1971 MEETING.
On motion of Councilman Howard, seconded by Councilman Wallace, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made :
$ 150.00 - Frank Marr for planting shrubs at Durfey prop-
erty , in connection with Storm Sewer (Streets-
Capital Outlay-Storm Sewer) .
5 ,375 .00 - Carlyle & Anderson for Tractor Mower (General
Fund-Capital Outlay)
200 .00 - Supplemental Appropriation on Police Radio Mainte-
nance.
On motion of Councilman ' Pumphrey, seconded by Councilman Wallace,
the -following resolution was offered:
•
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that the parking meters be removed from Wirt Street, between
Market Street and the Municipal Parking Lot Exit , in order to
provide a greater width for pedestrians using the sidewalk.
There was a great deal of discussion regarding this resolution and a
roll call vote defeated the motion, with the vote being 4 against and 1
for, that being Mayor Rollins , and 1 abstention, that being Councilman
Hill.
Onxramtsmax&simnea:tmauxiftwand4xsesmmiseialx2RMMRAIWi MMKRAYxxitR
intinwi xxesm:lxgaiopxmssxxtanuaimemsi fxesdeiatetdA
On motion of Councilman Howard, seconded by Councilman Murray, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following Resolution designating depository for ac-
count in the name of Town of Leesburg and Arl Curry and Kathe-
rine R. Curry for completion of physical improvements in Sec .
8 , Prospect Hills , be adopted :
RESOLUTION DESIGNATING DEPOSITORY
FOR ACCOUNT IN THE NAME OF "TOWN
OF LEESBURG, VIRGINIA AND ARL CURRY
AND KATHERINE R. CURRY - PROSPECT
HILLS PHYSICAL IMPROVEMENTS'
(SECTION 8)"
I , the undersigned, hereby certify to Metropolitan Savings
& Loan Association, Leesburg , Virginia , that I am Clerk of
the Council of the Town of Leesburg , in Virginia , a munici-
pal 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 12th day
of May, 1971 , and that such resolutions have not been re-
scinded or modified.
WHEREAS, Arl Curry and Katherine R. Curry have delivered to
the appropriate officials of the Town of Leesburg, Virginia , the
sum of EIGHT THOUSAND FOUR HUNDRED FIVE DOLLARS AND 25/100
($8,405 . 25) to guarantee satisfactory and acceptable instal-
lation of physical improvements within Section 8 of Prospect
Hills Subdivision as required by Section IV A 2 of the Subdi-
vision Ordinance for the Town of Leesburg , Virginia ; and
WHEREAS, it is desired that a depository for such sum be desig-
nated for the safekeeping thereof and for the joint withdrawal
of said funds to pay for the construction of said physical im-
22
319
MINUTES OF MAY 12 , 1971 MEETING.
provements as the work shall be accomplished when payments to
the persons , firms or corporations performing such work shall
be entitled to draws for the satisfactory performance of such
work pursuant to the plans and specifications heretofore filed
with the Town of Leesburg , Virginia .
NOW, THEREFORE, BE IT RESOLVED, that Metropolitan Savings & Loan
Association of Leesburg , Virginia, is hereby designated as a de-
pository of the Town of Leesburg , in Virginia , Arl Curry and
Katherine R. Curry , and that an account be maintained in said
Association in the name "Town of Leesburg, Virginia , Arl Curry
& Katherine R. Curry - Prospect Hills Physical Improvements
(Section 8) , " and that the Town Manager of the Town of Lees-
burg , in Virginia , or his successor or substitute who may be
lawfully acting, is hereby authorized to sign, and the subdi-
vider, Arl Curry & Katherine R. Curry are authorized to counter-
sign checks, drafts and other instruments for the payment of
money from the account under such title ; that the said officer
of the Town of Leesburg , in Virginia , is hereby authorized to
endorse checks, drafts , money orders or other instruments for
deposit in said account , ,or for collection by said Association;
to accept drafts , checks, and other instruments payable at said
CD Bank ; to waive demand, protest, and notice of protest, or dis-
p honor of any check or other instrument made , drawn or endorsed
on behalf of said Town, and the titles of all parties shall be
required after their names on any of said instruments for the
payment of money from said checking account ; and •
BE IT FURTHER RESOLVED, that METROPOLITAN SAVINGS & LOAN ASSOCIA-
TION, Leesburg, 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 of any
person authorized to sign the same or tendered for cashing, or
in the payment of the individual obligation of any such person,
or for deposit to his personal account , and said Association
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 accordance with these resolutions , or the application
and disposition of such instrument, or the proceeds thereof; and
BE IT FURTHER RESOLVED, that the Clerk of the Council of this
Town shall certify to said Association the name and signature
of the presently appointed and duly qualified Town Manager, and
to his successor or substitutes , if any, who may be hereafter
lawfully designated, and immediately certify such changes to
the Association, and the Association shall be fully protected
in relying upon such certifications of the Clerk of the Council,
and shall be indemnified and saved harmless from any claims , de-
mands , expenses , loss of damage resulting from, or growing out
of, honoring the signature of any officer so certified, or in
refusing to honor any signature which may be replaced through
changes made without such certification; and
BE IT FURTHER RESOLVED, that said Association is hereby author-
ized and directed to rely and act upon this resolution from and
after its date of adoption, and that it shall remain in full
force and effect until written notice of its amendment or re-
scission shall have been received and acknowledged by said As-
sociation, and that receipt of any such notice shall not affect
any action taken by said Association prior thereto ; and
BE IT ALSO RESOLVED, that the Clerk of the Council is hereby
authorized and directed to certify to Metropolitan Savings &
Loan Association, Leesburg, Virginia , this resolution, and
that the provisions hereof are in conformity with the Charter
and Ordinance 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 .
1
320
MINUTES OF MAY 12 , 1971 MEETING. _ -
I further certify that the name and official signature of the
duly qualified and acting Town Manager of said Town is as fol-
lows :
OFFICIAL
OFFICE: NAME : SIGNATURE :
Town Manager James W._ Ritter
IN WITNESS WHEREOF, I have hereunto subscribed my name and af-
fixed the seal of the Town of Leesburg , in Virginia, by direction
of the Council, this 12th day of May, 1971.
Clerk of the Council of the Town
of Leesburg, in Virginia
(SEAL)
On motion of Councilman Murray , seconded by Councilman Howard, the
following resolution was adopted by a vote of 5 to 1, with Mayor Rollins
voting against it :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that a supplemental appropriation be made in the amount of
$800 for repairs to Evergreen Mill Road Bridge .
Councilman Hill commented that he thought a date should be set for
the dedication of the Sewer Plant, however, no action was taken.
There being no further business , the meeting was adjourned at 10 :25
P.M.
Mayor
, `
Clerk o e Council