HomeMy Public PortalAbout1971_12_08 69
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER-8, 1971;
A regular meeting of the Leesburg Town Council was held in the Council .
Chambers, 10 West Loudoun Street, Leesburg, Virginia on December 8, 1971
at 7 :30 P.M. The meeting was called to order by Mayor Pro-Tem Robert A.
Orr and the prayer offered by Lt . James M. Kidwell. Those' present were :
Councilmen G. Dewey Hill, Walter F. Murray, Robert A. Orr, John W. Pum-
phrey, C. Terry Titus and John A. Wallace, Jr. ; also Town Manager James W.
Ritter, Jr. and Town Attorney George M. Martin. Absent from the meeting
was Mayor Kenneth B. Rollins .
Councilman Wallace asked that the Finance Committee meeting be held
on Monday at 4 :00 P.M. next week.
Councilman Wallace also reported that he had talked with Mr. Herbert
Ridder and he is willing to accept appointment as a member on the Northern
Virginia Planning District Commission s Natural and Environmental Resources
Advisory Council.
Mr. Wallace also expressed his opinion that he felt parking tickets
should be $1.00 if Pmt paid before 7 :00 P.M. of the day they are received,
rather than the 50 cent charge . Mr. Ritter pointed out that they now have
d. a 7-month 's supply of these parking tickets that are marked 50 cents.
C
Councilman Titus asked what had happened regarding the junk cars on
Mr. Parker 's lot on Catoctin Circle. Town Attorney Martin said Attorney
Sam Engle has asked that Council wait on this .
The bagging of the parking meters for the Christmas Season was dis-
cussed, with no action being taken at this time.
Town Manager Ritter reported the following :
(1) The $310.00 that VEPCO wants for the sanitary sewer easement on
the Douglass Relief Sewer will- come before VEPCO 's Board of Directors
at their meeting on December 18th. This word has been received through
Roland Flintof the local office. He said we paid VEPCO" for the easement
we got from them twoyears ago on Rt . 654 - $250.00 for that one, but he
does not know what they base this on. However, he sees no alternative
but topay , them for this easement .
(2) Something should be paid to English Construction Company on
their final estimate pretty soon. We received this' final estimate in the
amount of $38,,002.13 and Johnson and Williams recommended that certain
items in the amount of $940.81. be deducted, making their recommendation
for payment in the amount of $37 ,061.32 . There is some question on liqui-
dated damages for not completing the Plant on time. " They were supposed
to have finished it by June 30, 1968 and we extended the completion date
to October 31, 1969. . The Plant went into operation on September 4, 1970.
A penalty in the amount of $13,860.00 could be imposed for 308 days at
$45.00 per day.
(3) The Planning Grant Agreement from FAA came in after the Com-
mittee meeting, however, in their covering letter, FAA states that this
Agreement should be accepted before December 20 and our next. regular meet-
ing is not until December 22nd. The Grant is for $ 19,560, which repre-
sents two-thirds of what we asked for. Page 2 notes "that" the . Sponsor shall
begin accomplishment of theplanning project within 30 days after accept-
ance of this offer. He said he discussed this with Henning§nn, Durham and
Richardson, the firm the Town has employed to prepare the Master Plan,
and they are prepared to begin work within the 30-day period.
(4) On the easement for. the Hospital Road, he talked with Mr. Edwin
Brown this evening to find out the status of this easement . He said every-
one has signed except Mrs. Altizer and he sees no problem. there. We are
awarding the job to Perry Engineering Company. Brown, Altizer and Phillips
are giving the right-of-way to the Hospital and they, in turn, will give
it to the Town . This is the way we had expected it to work.
(5) He talked with Bob Kirby, the State Planning Director in Richmond
last week regarding getting some 701" money for the Town 's Master Plan.
Joe Lake from Greenhorne & O 'Mara met him there. He said this money is
MINUTES OF DECEMBER 8, 1971 MEETING.
. given out on a priority basis and goes first to those places not in a
metropolitan area. Members of the Planning Districts would get about
$150,000, which would mean each of the eight Planning Districts would get
• $20,000. This was discussed by the Planning Commission at its meeting on
December 2 and we will wait for their recommendation. He said the State
would like to- draw up this Master Plan for us , however, he told Mr. Kirby
we had one experience with them several years and and didn 't like the plan.
He says they now have more people to do this kind of work.
(6) On the infiltration study, he has received two proposals - one
from Mid-Atlantic Pipeline Service and one from Southern Line Cleaning .
A third one will be coming from The Penetryn System and there will be
a meeting to discuss these after the third one is received.
(7) There are still some outstanding easements on the Hospital
storm sewer line. Dr. Bastien was here today . The storm drain stops on
his property and he wants it extended through his- entire property to the
Fire Department property , which would cost about $23,000. He told him we
could not do this . This was explained at the last Council-meeting and
Council gave authority- to have this easement appraised. He still does
not have the Carrie Smith easement , ' but no problems are anticipated on
this - Mr. Lucas Phillips handles this estate . The rest on this line are
in.
(8) On the Douglass Relief Sewer easements , they have met• several
times with David Rust . He has several propositions and can 't seem to
realize that we are going through there anyway - he blames it on the de-
velopers . He has promised something within the next week. The School
Board, Whiting and- American Oil Company are all still hanging fire, with
VEPCO and American Oil on the Agenda for tonight.
Dr. Orr explained that Mayor Rollins is attending a meeting of
Judges of the State in Williamsburg. He asked that the Airport Planning
Agreement be brought up tonight .
On motion of Councilman Pumphrey, seconded by Councilman Hill, th
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the contract prepared by the Town Attorney between S. M.
Rust, Jr. , et al and the Town of Leesburg for the purchase of
land needed for the Potomac Water Facility be approved, and
BE IT FURTHER RESOLVED, that the Mayor be authorized to sign
the same. (Copy of contract attached hereto) .
On motion of Councilman Hill, 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 of Leesburg "Standard Construction Specifica-
tions" and "Construction Standards" be approved.
Mr. .Ritter explained that these books contain things we have been doing
for a long time and gave credit to Mr. Moody for having prepared them.
These are every-day practice' and are what Fairfax is doing. There will
be changes, amendments:in€:s and additions from time to time and he thinks
Council should approve these. Councilman Hill commented that Mr. Black-
well of Dewberry, . Nealon and Davis has approved these.
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 firm of Johnson and Williams be authorized to pre-
pare a "Comprehensive Water Study" report for the Town of
Leesburg.
Councilman Titus believed we should have a letter sting what he proposes,
rather than a verbal agreement. Councilman Murra ?that this resolution be
amended by adding at the end the following : "and that the said report
shall be submitted to the Town of Leesburg not later than May 1, 1972. ?
This was seconded by Councilman Wallace, but no vote taken. Councilman
Titus asked Mr. Ritter to call the Town of Hernddon and find out what they
got in this line. On motion of Councilman Murray, /seconded, the reso-
. lution was unanimously tabled at this time.
?:
MINUTES OF DECEMBER 8, 1971 MEETING. -
On motion of Councilman Pumphrey, seconded by Councilman Murray, the
following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that American• Oil ;-Oilthe'sum of $1,216 :00 for
a sanitary sewer easement across their property, which amount
is the -value placed upon this easement in an appraisal, report
.by H. Wendell Kline,
On motion of Councilman Murray , seconded by Councilman Pumphrey, the
following ;resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the sum of $310.00 is agreeable to the Town of Leesburg
for the value of a sanitary sewer easement across VEPCO prop-
.erty, which amount was determined as the value by VEPCO.
Councilman Hill said he would like to know what the value of the Railroad
right-of-way is from the east• tothe west corporate limits - he thinks
VEPCO is pulling the value out of nowhere with no-one knowing what they
C are talking about - he would like to know what their tax. base is and what
they are basing 'their appraisals on. A roll call vote unanimously adopted
the above resolution. -
wiring for the
Ct Councilman Titus asked if there is any chance of the/poles on Dry
Mill Road being placed underground. Mr. Ritter said he didn 't believe
they planned on this and there was some discussion regarding this matter.
Councilman Hill said he thinks we should require underground wiring in
all new developments. .Mr. Forbes said there was a proposal to enact such
an Ordinance, but nothing concrete was ever -put on paper as to how we
should require it, etc .
Councilman Orr recognized Mr. Jack Williams , who spoke to Council
regarding -the proposed "Comprehensive Water Study"report . He said the
time limit the Council.wishes to place on this reportis all right unless
they should run into some difficulty and he did not believe two_weeks or
so would make that much difference as long as they have time to do the
necessary, work on the report. He pointed out. that they would like to
have two work, sessions with the Council to go over what they are doing, etc
and to see.what suggestions or ideas the Council might have in addition
to what they are doing . Councilman Pumphrey, said it had never. been spelled
out just what this study, would consist of. Mr.. Williams said he would
think he would get. together with Mr.•,Ritter and see what areas-- they should
do and suggested that they give the time to the most • important lines in
Town. Councilman Pumphrey asked that Mr. Williams and Mr. Ritter get to-
gether to.•work out a proposal. Mr. .Williams, said their- report--would not
. include any physical labor in taking pressure readings , etc. Mr. Ritter
said the Town could do this . Mr. Forbes asked if, in this study, . they
would actually prepare a master main line plan. Mr. Williams said it
would be more or less schematic , like Herndon 's report was . They would
take the Town 's ideas of what the zoning would be and base it on that.
The deciding factor in distribution is fire protection.
On motion of Councilman Pumphrey, seconded by Councilman Titus , the
following resolution was unanimously adopted:
WHEREAS, a resolution was adopted by the Town Council at its
meeting on November 24th agreeing to pay $3, 270.50 to K & M
. Construction Company upon satisfactory completion of. their con-
struction of the western half of Washington Street, and
WHEREAS, it has been determined since that time that it will be
necessary to install 13 inches of stone beneath the curb and gut-
ter on the west side of the street in order to bring the subgrade
up to CBR 10 :minimum, and - f
WHEREAS, K & M Construction Company has informed the Town that,
.because of this extra work; it will be necessary_ to charge the
Town an additional $500.00, .
7. 2
MINUTES OF DECEMBER 8, 1971 MEETING. --NOW, THEREFORE, BE IT RESOLVED by the . Town Council of the
Town of Leesburg, that K &.M Construction Company be author-
ized to proceed on this basis .
• Final payment to English Construction Company was discussed at length.
Councilman Wallace gave the background on this subject and said he would
like to have a legal opinion from the Town Attorney regarding the penalty
clause. Mr. Ritter said we are holding back about $30,000 or a little
more. Town Attorney Martin said we are restricted to the $45 .00 per day
and he thinks we can make it stick. He said he had never been involved
in this type of case but one time , and that was handled by arbitration.
He suggested holding out the amount of the penalty and see if they are
going to litigate it . Councilman Wallace said he thought they should
discuss negotiation for a settlement, rather than go to Court on this . -
Councilman Pumphrey commented on the correspondence on this matter and
said that Mr. Moody had said the amount of penalty would be about $14,400,
and that he did not believe we could prove liquidated damages. Mr. Martin
said he did not believe this could be done and again recommended that the
Town hold back the $45 .00 per day . Councilman Titus asked who wrote the
contract and Mr. Williams said his firth did. He said that, in order to
collect liquidated damages, the Town must be prepared to prove the same
in Court - they- must take into consideration whether they were using the;:
facility. If they were using the Plant, then he would think they (the
Court) would take this into consideration. He said he had never written , .
an arbitration clause in a contract. He did serve as Chairman of an arb ;-"
tration committee in a very similar situation as this . He said he thinks
the Town Attorney is the one to-give the advice on this . Councilman Titus
• asked why the time limit is written in the contract if it is not legal.
Mr. Williams said he did not say it was not legal, but, if you have suf-
fered liquidated damages that can be proven, you would be entitled to them.
He said he is satisfied with the Plant now and he thinks the contractor is
one of the most reliable in Virginia . It was unfortunate that he just
could not get labor. He did not think he was negligent in building the
Plant, but that they did the best job they could under the circumstances .
Councilman Pumphrey asked about the 60 days lost due to not being able
to get a plumber, but this was not answered. Councilman Titus asked
Mr. Williams if he has received the "as built" plans. Mr. Williams
said No. Town Attorney Martin asked Mr. Williams what he would con-
sider "damages . " Mr. Williams answered extra supervision or extra labor,
etc . He honestly felt that the contractor executed his work diligently
and continuously and that is about all the Town can ask. It was just
a question of not being able to get the labor. Councilman Hill said the
Plant was not in operation for 308 days and recommended that we pay them,
less the $45.00 per day it was not in operation. He thinks this is a ne-
gotiated item. Mr. Ritter said the plant has been in operation since
September 4, 1970 . On motion of Councilman Hill, seconded by- Councilman
Titus , Council voted unanimously that an appropriation in the amount of
$23,201.32 be made to English Construction Company on Contract S-I.
On motion- of Councilman Wallace, seconded by Councilman Titus , the
attached Ordinance adopting the Supplement #1 to the Town Code was unani-
mously adopted: , (See Ordinance attached hereto) .
On motion of Councilman Wallace, seconded by Councilman Murray, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of Leesburg, that
the following appropriations be made :
$ 2,723.12 - Michie City Publications Co. - ::Updating Code.
General Fund-Capital Outlay .
6.00 - A & E Blueprinters - Printing during month of
October. 1969 Bond Issue .
425 .00 - Street Resurfacing - Paving on Edwards Ferry
Road. General Fund - Capital Outlay.
3 ,546.92 - Johnson and Williams - Final Payment on S-I.
1969 Bond Issue . . .
600.00 - Moody 's Investors Service . 1969 Bond Issue,
to be reimbursed from 1971 Bond Issue.
7- 3
MINUTES OF DECEMBER 8, 1971 MEETING. •
Councilman Wallace said he wanted to go over the final bill from Johnson
and Williams . Mr. Williams said the final bill is mostly what the Town
has withheld over the balance of the contract and that they have never
billed 'the Town for this year 's over-run. Mr. Wallace still said he did
not think this had been given proper investigation. Councilman Titus
asked who will check on the final items that have to be repaired at the
Plant. Mr. Williams said they would if asked to do so: He also said he
has been at the Plant many times that he has not even made his presence
known insofar as the office is concerned, and for which he has made no ' '
charge.
aCouncil unanimously voted at this time to adopt all the appropria-1
tions above, with the exception of the $3,546 .92 to Johnson and Williams .
Councilman Wallace moved to table the Johnson and Williams' payment
at this time and this was seconded by Councilman Titus , however, a roll
call vote defeated this motion 4 to 2 , with Councilmen Titus and Wallace
voting for it.
Councilman Wallace said he would like to -discuss several items that
yr had been changed in previous Council meetings, particularly recalling one
O resolution he believed had been adopted, wherein Council voted to deduct
$500.00 from Johnson and Williams ' final payment for the water seals.
Councilman Murray felt that , if there is any question on this bill, the
amount would be so small that Johnson and Williams would not jeopardize
their future good will with the Town on what has been made good. Coun-
cilman Pumphrey commented that he believed we would have sent a copy of
such a resolution to Johnson and Williams . Mr. Ritter said he is not
sure of this , but we ordinarily forward a copy of such a resolution to
them. Mr. Williams said this bill should be no surprise to the Council -
this is the difference between general supervision and what has been paid.
He said the change to the oil seals was not their fault. They used the
type of seal recommended by the manufacturer in the contract and they
recommended that it be changed. There was- a contingency item set up in
the contract for this type of thing, therefore, he believed it would be
unfair and unjust mot to pay on this invoice. The payment of the $3,546 .92
to Johnson and Williams on Contract S-I was then adopted by a roll call
vote of 5 to 1, with Councilman Wallace voting against it.
On motion of Councilman Murray, seconded by Councilman Wallace, the
following resolution was unanimously adopted:
BE IT RESOLVED by the Town Council' of the Town of Leesburg:
Section 1. That the Town of Leesburg shall enter into a Plan-
ning Grant Agreement with the United States for the purpose of
obtaining Federal aid in the development of plans for Leesburg
Municipal Airport by executing the Acceptance of a Planning
Grant Offer, and that such Offer and Acceptance, which comprise
the Planning Grant Agreement, shall be as set forth;_hereinbelow.
Section 2 . That,Kenneth B. Rollins, Mayoi of the Town of Lees-
burg, is hereby authorized and directed to execute said Agree-
ment, in six (6) copies , on behalf of the Town of Leesburg, and
Dorothy B. Rosen , Town Clerk, is hereby authorized and directed
to impress the official seal of the Town of Leesburg, and to at-
test said execution.
Section 3 . That the Planning Grant Offer referred to hereinabove
is incorporated herein by reference and a copy is attached.
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was unanimously adopted: •
BE IT' RESOLVED by the Town Council for the Town of Leesburg,
Virginia , that the Town Manager be and he is hereby authorized
and directed to have published in the Loudoun Times-Mirror on
December 16 and 23, 1971 the following• advertisement :
7 4'
MINUTES OF DECEMBER 8, 1971 MEETING.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing will be
=.___i held by the Council for the Town of Leesburg, Virginia, on
January 12, 1972 at 7 :30 P.M. in the Council Chambers, 10
West Loudoun Street, Leesburg, Virginia, to consider the fol-
lowing :
- (1) Application, Number Zi1-6 by James T. and Esta P.
Jackson of Leesburg, Virginia, to have rezoned
' from R-2 to B-1 a parcel of land containing '3.2572
acres , located on the south side of Gibson Street,
bounded by Gibson Street on the north, Mrs . Carrie-
Valentine and Mrs . Grace C. Frye on the east, ap-
plicants , Mr. and Mrs. A. S. Jenkins , Jr. and Mr.
Brewster Cornwell on the south and the Loudoun Me-
morial Hospital on the west.
(2) Amendments to the Leesburg Zoning Ordinance as fol-
lows :
Amend Section 9-2 by adding subsequent to the period
at the end •of the paragraph the following :
"Zoning Certificates shall be valid for a period of
twelve (12) months after the date of issuance. If
actual construction of the work for which the Cer-
tificate was obtained has not been initiated by that
time, said Certificate must be renewed. "
Amend Section 9-2-1 by adding a new paragraph as fol-
lows :
"12 . The validity of a Site Plan shall be coexten-
sive with the validity of the Zoning Certificate for
which it was drawn. "
By: Kenneth B. Rollins, 11'11)i3)
Mayor .
Town of Leesburg , Virginia
On motion of Councilman Murray, seconded by Councilman Pumphrey, the
following resolution was unanimously adopted.:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Resolution adopted on September 8, 1965 , designating Peo-
ples National Bank as depository for account in the name of
"Town of Leesburg , Virginia , Police Court," be amended to show
the Clerk of Court as Patricia S. Branan, effective December 8,
1971.
On motion of Councilman Murray, seconded by Councilman Titus, the
following resolution was unanimously adopted: . . .
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that an appropriation be made in the amount of" $100.00 to pay
H. Wendell Kline for appraisal service on American Oil Co.
Sanitary Sewer Easement. 1969 Bond Issue , to be reimbursed
by 1971 Bond Issue .
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 an appropriation be made in the amount of $97 .90 from
Repairs and Supplies - Other Services and Supplies .
It was suggested that arrangements be made to purchase new Christmas
decorations as soon after Christmas as possible.
75
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MINUTES OF DECEMBER 8, 1971 MEETING.On motion of Councilman Pumphrey, seconded by Councilman Hill , the
following .resolution was offered:
BE IT RESOLVED by , the Town Council of the Town of Leesburg,
that, effective December 13 through December 25 , all meters
owned by the •Town shall be bagged for the Yule Season, and
BE IT FURTHER RESOLVED, that the Town Police requested to
make note of anyone parking all day on the 'street meters .
This resolution was discussed and, on motion of-Councilman Murray, sec-
onded by Councilman Wallace, Council voted by a roll call vote of 5 to 1,
with Councilman Pumphrey voting against, • to amend the above to read :
That the restrictions concerning the free parking during the
Holiday Season from December 13 through December 25 be limited
to those parking spaces located within the Municipal Pancing Lot.
• Town Manager Ritter introduced Mr. Juan Chaves, the new Director of
Public Works , to the Council and said he thought the Town is very fortu-
nate in having a person of his ability and background to serve in this ca-
p pacity. Dr. Orr welcomed Mr. Chaves on behalf of the Council.
O .
Town Attorney Martin reminded Council that a Commission Permit must
CZ be applied for on the Water Project from the County. Mr. Ritter said he
Q would take care of this .
Martin
Town Attorney/also commented on the Airport Master, Plan Contract
that they •will be making suggestions. regarding land around the Airport
and thatis under County jurisdiction.
There followed some discussion regarding the mercury: seals at the
Sewer Plant. Mr. Williams said Mr. Karsten has contacted Diesel Engine
and Pump Service regarding doing this work and they , have. outlined what
will have to be done in the way of disassembling them, etc . He is pre-
paring a letter now on what will have to be done. Councilman Murray
asked if the delay in getting this done is antagonizing_ the Health De-
partment. Mr . Ritter said we are keeping them informed. Mr. Williams
commented that he still believes these mercury seals are an absolute
waste of money.
Mr. Williams also commented that he understands that HUD now says,
under the new criteria, the Town does not have enough points to qualify
for a Federal Grant. He says they will find these points somewhere. Mr.
Ritter said the Town has received ,no letter from HUD yet.
Mr. Ritter asked Mr. Williams when he thinks we might be ready to
advertise for bids on the Water Project, assuming the Agreement with the
Rust heirs is accepted. Mr. Williams said the plans will be finished
around March 15th and suggested we wait a little longer to see if we hear
from HUD.
•
Councilman Titus asked Mr. Williams about the Lake Tahoe Plant. Mr.
Williams- said Mr. Cole advises this, but we will have a problem with nu-
trient removal and he thinks-we will find less stress on tertiary treat-
ment.
There being no further business , the meeting adjourned at 9 :15 P.M.
Mayor Pro-Tem
/ •
Clerk of the Council
The undersigned, The Town of Leesburg, a municipal
corporation in the State of Virginia, does hereby offer to pur-
chase the hereinafter described tract or parcel of land from
S. M. Rust , Jr. , Alice R. Scheetz and Mary R. Gillies , Trustees ,
for the location and installation of a water purification facility
on the following terms and conditions:
1 . The purchase price shall be Twenty Thousand Dollars
($20 ,000.00) .
2. The title to the said land must be marketable and
insurable as to title and matters of survey by a recognized title
insurance company and must be free of any restrictions , easements
or conditions which would affect the use of said tract of land for
the purpose intended.
3 . The Town will erect a chain link fence surrounding
the entire tract of land at its own expense.
4. The Town will make water available to the contiguous
land held by said Trustees in such quantity as the town council
determines it can safely spare, taking into consideration the '
water users at that time, together with applications under con-
sideration.
5 . This offer is contingent upon successful application
for all zoning and use permits and thecontinuance of the permit
from the State of Maryland to take water from the Potomac River
in effect at the time of closing. -
6 . The Trustees will pay the State Grantor tax on the
deed and pro-rata share of the real estate taxes untilthe date ,
of closing and will convey the subject land to the Town by good
and prbper deed with Special Warranty of Title and include in the
Deed the description and plat thereof hereafter described and
MARTIN. RIEMENSCHNEIDER ,
C. MU Gil
LEESBURG,VIRGINIA -
•
the Town will pay the purchase price at the time of delivery
of the deed.
7 . The time for closing shall be on or before
February 1 , 1972.
8. In the event the title is not marketable and
insurable as aforesaid the Trustees will be allowed at the
option of the Town, twelve months from the date the defect is
brought to their attention to correct the same by final judicial
action. Further, if such defect is reported, Trustees agree to
cooperate in utilizing the pending petition for condemnation as
a means to enable the Town to proceed forwith with the construc-,
tion and installation of the said facility.
9 . The land which is the subject of this offer is
that certain tract , or parcel of land described on the plat
made by Johnson & Williams , C. L. S. , Sheet 1 of 2 and metes and
bound description attached hereto and by reference made a part
hereof. However, the area described as the 50-foot access ease-
ment shall be conveyed in fee simple also and not as an easement.
WITNESS the following signatures and seals:
TOWN OF LEESBURG i
By
Mayor
( SEAL ) •
ATTEST:
Clerk
Accepted this day of
, 1971.
S. M. Rust , Jr. , Trustee
MARTIN. RIEMENSCHNEIDER
G MURTAUGH
LGGSBURG,VIRGINIA
Accepted this day of
1971
Alice R. Scheetz , Trustee
ACCEPTED this day of
, 1971 .
Mary R. Gillie , Trustee
I I
I i
MARTIN. RIEMENSCHNEIDER
L MURTAUGH
LELSOURG.VIRGINIA
t
a
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ADOPTION OF CODE
An Ordinance of the Town of Leesburg, Virginia , adopting
a revision and codification of the ordinances of the Town of
Leesburg, Virginia, entitled "The Code of the Municipality
of Leesburg, Virginia'' , providing for the repeal of certain
ordinances not included therein, with certain exceptions , and
for other purposes hereinafter set out .
BE IT HEREBY ORDAINED by the Council of the Town of Lees-
burg, Virginia, as follows :
Section 1 . There is hereby adopted by the council of the
Town of Leesburg, Virginia, that certain Code entitled "The
Code of the Municipality of Leesburg, Virginia" , containing
certain ordinances of a general and permanent nature as re-
vised, compiled, consolidated and codified in the chapters ,
namely , Chapters 1 to 24 , both inclusive. 1
Section 2 . The provisions of "The Code of the Municipal-
ity of Leesburg, Virginia" shall be in force on and after
October. 28, 19631and all ordinances of a general and perm-
anent nature enacted on or prior to May 13 , 1963, and not
contained in such Code are hereby repealed from and after
October 28, 1963 , except as hereinafter provided.
Section 3. The repeal provided for in the preceding
section of this ordinance shall not affect any offense or
act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before
October 28 , 1963; nor shall it affect any prosecution, suit
or .proceeding pending or any judgment rendered on or prior I
to the said October 28, 1963; nor shall such repeal affect
any ordinance or resolution promising or guaranteeing the
payment of money by or for the Town or authorizing the issue'
of any bonds of the Town or any evidence of -indebtedness or
any contract or obligation assumed by the Town; nor shall
such repeal affect the administrative ordinances or resolu-
tions of the council not in conflict or inconsistent with the
provisions of "The Code of the Municipality of Leesburg, Vir-
ginia" ; nor shall it affect any right or franchise conferred'
by ordinance or resolution of the Town on any person or cor-t
poration; nor shall it affect any ordinance adopted for pur-;
poses which have been consummated or any ordinance which is I
temporary, although general in effect , or special, although
permanent in effect ; nor shall it affect any of the following
ordinances or any amendment thereto :
Supp. //l, 12-70
1
1
Adoption of Code
T
(a) Any appropriation ordinance ;
(b) Any ordinance levying or imposing taxes ;
(c) Any ordinance providing for any public im-
provement ;
(d) Any ordinance making any assessment ;
(e) Any ordinance opening, relocating, closing,
altering or naming any streets or alleys ;
(f) Any ordinance relative to salaries , compensa-
tion or bonds of Town employees and officials or .members of
Town boards or commissions ;
(g) Any ordinance relative to zoning or to zoning
map changes ;
(h) Any ordinance relative to subdivisions ;
(i) Any ordinance establishing, extending or con-
tracting the corporate limits of the Town;
r- (j ) Any ordinance relative to building lines or
setback lines ;
(k) An ordinance relative to old age and survivor's
insurance , adopted March 10 , 1952 ;
(1) An ordinance relative to specifications for
construction of water and sewer mains and appurtenances and
pumping stations .
Section b . If any part , section, subsection, sentence,
clause or phrase of this ordinance or of ''The Code of the
Municipality of Leesburg, Virginia" is for any reason declared
to be unconstitutional or invalid, such decision shall not
affect the validity of the remainder of this ordinance or
such Code .
Section 5 . Wherever in "The Code of the Municipality of
Leesburg, Virginia" or in any ordinance or resolution of the
Town or rule or regulation or order promulgated by any officer
or agency of the Town under authority duly vested in him or
it , any act is prohibited or is declared to be unlawful or an
{
Supp . #1, 12-70
S i
h •
•
Adoption of Code
p
offense or a misdemeanor, or the doing of any act is required
or the failure to do any act is declared to be unlawful or an
offense or a misdemeanor, and no specific penalty is provided
for the violations thereof, the violation of any such provi-
sion of such Code or any such ordinance , resolution, rule ,
regulation or order shall be punished by a fine of not more
than one thousand dollars or by imprisonment for a period of
not exceeding twelve months , or by both such fine and imprison-
ment . Each day any violation of such Code , or any such ordi-
nance , resolution, rule , regulation or order continues shall
constitute a separate offense .
Section 6 . Neither the repeal provided for in section 2
of this ordinance nor the provisions of "The Code of the Muni-
cipality of Leesburg, Virginia" , shall be construed to affect :
any ordinance passed after May 13 , 1963.
Section 7. That a copy of :;The Code of the Municipality
of Leesburg, Virginia" , shall be filed in the office of the
clerk of the council and be made available to persons desir-
ing to examine the same.
Adopted October 28, 1963
Supp . #1, 12-701
. I
.
"
D E P A R T M E N T O F T R A N S P O R T A T I O N !
F E D & R A L . A V I A T I O N A D M I N I S T R A T I O N P A G E 1 . . ,
_ G F 6 _ _ P . ^ , G E S "
P L A N N I N G G R A N T A G R E E M E N T
P A R T I O F F E R
D A T E O F O F F E R 2 4 N o v e m b e r 1 9 7 1
T Y P E O F . P L A N N I N G G R A N T : "
r l A I R P O R T M A S T E R P L A N N I N G F O R P R O J E C T N O . A - 5 1 - 0 0 2 7 - 0 1
_
k e r i c r . h u r g . _ M r n p r .
. e e s c r _ a V t r ( s i n i a C O N T R A C T N O . _ _ _ F A m i r t h S R
p ; A I R P O R T S Y S T E M P L A N N I N G F O R
"
"
T o : _ . T u j " : a o f L e e s b u r g , V i r r n i t _ i a _ . - - -
- - - - - - - - - - - ( h e r e i n r e f e r r e d t o a s t h e - S p o n s o r - )
F R O M : T h e U n i t e d S t a t e s o f A m e r i c a ( a c t i n g t h r o u g h t h e F e d e r a l A v i a t i o n A d m i n i s t r a t i o n , h e r e i n r e f e r r e d t o a s t h e
` v l I E R F A S , r h e S p o n s o r h a s s u b m i t t e d t o t h e F A A , a n A i r p o r t M a s t e r P l a n n i n g G r a n t A p p l i c a t i o n
( M a s t e r o r S y s t e m )
d a t e d 7 M a y 1 9 7 1 ( h e r e i n c a l l e d t h e " P l a n n i n g A p p l i c a t i o n " ) , f o r a g r a m o f f u n d s
f o r a p r o j e c t f o r t h e d e v e l o p m e n t f o r p l a n n i n g p u r p o s e s o f i n f o r m a t i o n a n d g u i d a n c e t o d e t e r m i n e t h e e x t e r n , t y p e , a n d
n a t u r e o f d e v c i n p t : r e n t n e e d e d f o r L e _ s b r �� ( L o u d o u n C o u n t y ) A r e a - - - - - -
' a i r p o r t a r e a n a m e a n d k r l o c a t i o n )
- - . - - - - _ - - . - - - ( h e r e i n c a l l e d t h e _ I G e s b u r g M u n i c i p a l A i r p o r t ) , w h i c h P l a n n i n g A p p i i c o t i u n a s
( a i r p o r t o r c c a )
a p p r o v e d b y t h e F A A i s h e r e b y i n c o r p o r a t e d h e r e i n a n d m a d e a p a r t h e r e o f ; a n d W H E R E A S , t h e F A A h a s a p p r o v e d a p r o j e c t
f o r t h e d e v e l o p m e n t o f d a n s f o r t h e T . e c . s h u r r h i u ; i c = ! A i ( h e r e i n c a l l e d t h e ' ` P l a n n i n g P t e l e c t " ' ) c o n s i s t i n g
( a i r p o r t o r a r e a )
o f t i i e f o l l o w i n g a n r o v e d a i r p o r t s e r
P - - - - - - - - - - - - p l a u n m g :
( i t : a t t e r o r s S : e r n i
D e v e l o p m e n t o f A i r p o r t M a s t e r P l a n f o r t h e L e e s b u r g M u n i c i p a l A i r p o r t . W o r k p r o -
g r a m d e t a i l s o u t l i n e d i n t h e S p o n s o r ' s C h e c k l i s t C o d e N o . M . P . 6 a n d R e q u e s t f o r A L a
s u b m i t t e d 7 M a y 1 9 7 1 . T h e s e i n c l u d e d e v e l o p m e n t o f a n i n v e n t o r y , d e m a n d f o r e c a s t ,
d e m a n d c a p a c i t y a n a l y s i s , f a c i l i t y r e q u i r e m e n t d e t e r m i n a t i o n , e n v i r o n m e n t a l s t u d y ,
A i r p o r t L a y o u t P l a n , L a n d U s e P l a n , T e r m i n a l A r e a P l a n , A c c e s s P l a n , d e v e l o p m e n t '
s c h e d u l e o f o b l i g a t i o n s , c a p i t a l i m p r o v e m e n t s a n d f i n a n c i n g p l a n s , "
t
a i l a s r : r u n e p a r t i c u l a r l y d e s c r i b e d i n t h e D e s c r i p t i o n o f W o r k P r o g r a m i n c o r p o r a t e d i n t h e s a i d P i a n n i n g , A p p l i c a t i o n ;
F A A F o r m 5 9 0 0 1 P G 1 ( 1 . 7 1 )
PAGE_ 2 OF 6 PAGES
' NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development .
Act of 1970. as amended, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Planning Application, and its acceptance of this Offer, as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the airport Mas ter
(master or system)
planning included in the Planning Application, TME FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay,as the United States share 66 2/3
percent of the allowable costs incurred in accomplishing the Planning Project,subject to the following terms and conditions:
I. The maximum obligation of the United States payable under this Offer shall be S 19,560.00. -
2. The FAA, for and on behalf of the United States, may by written notice terminate or suspend this grant in whole
or in part,or withhold payment,in the event that it finds that the Sponsor has:
a. Failed to comply with Federal law or with any of the terms and conditions contained in this Planning
Grant Agreement;
•
b. Failed to carry out the Planning Project as approved;
•
c. Made unauthorized or improper use of grant funds; _
•
d. Submitted any application, report,'or other document which contains a misrepresentation of a material
nature or is incorrect or incomplete in any material respect;or,
e. If for any reason continuation of the approved Planning Project is rendered impossible,ineligible,or illegal.
The Sponsor shall take such action relative to termination or suspension as may be required by the FAA in the
notice of termination or suspension. In such case termination or suspension shall not affect any otherwise valid
and allowable obligations made in good faith prior to receipt of notice of termination or suspension.
3. The Sponsor shall:
•
a. Begin accomplishment of the Planning Project within thirty days after acceptance of this Offer,
with failure to do so constituting just cause for termination of the obligations of the United States here-
under by the FAA;
b. Carry out and complete the Planning Project without undue delay and ip accordance with the terms
ApD
hereof, the Airport and Airway Development Act of 1970, and/Sons ca 1e - of the
Regulations of the Federal Aviation Administration (cvvvv.:xs31ificx :.xx. ) 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 all planning work in accordance with the Description of Work Program, incorpo-
rated herein, or as it may be revised or modified with the approval of the FAA and in accordance with
design standards and planning criteria established by the FAA;
•
•
•
FAA'Form 5900-1 PG 2 0-n11
PAGE 3 OF 6 PAGES
• 4. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consid-
toneration as to allowability underLaPrion cable of the Regulations.
• 5. Payment of the United,�Staotes shrelof the allowable project costs will be grade pursuant to-and in accordance
with the provisions of pcmnonsca e 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 Sectionns ahpl i cable
•
of the Regulations and final reimbursement will be made after final review,audit,and acceptance by FAA of the
completed Planning Project and after all conditions relating to the Planning Project have been satisfied.
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
•
• - 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Planning
Project unless this Offer has been accepted by the Sponsor on or before 70 Tiorembar 1971
or such subsequent date as may be prescribed in writing by the FAA. •
S. All financial records pertaining to the Planning Project shall be made available{ttq authorized representatives of the
• FAA and the Comptroller General of the United States in conformity to/J��:Pi6r}ca e of the Regulations.
9. The Sponsor will, at such times and in such manner as the FAA may require, furnish FAA with periodic reports
and statements pertaining to the Planning Project and planning work activities and other related matters covered
hereunder.
10. Sponsors shall submit for FAA approval prior to their execution all private party or public body contracts to do
all or any part of the Planning Project. These contracts shall include applicable terms and conditions as specified
by the FAA.
I I. The FAA reserves the right to disapprove the Sponsor's employment of specific consultants and their subcon •
-
tractors to do all or any part of the Planning Project and further reserves the right to disapprove the proposed
scope and cost of the professional services.
12. The FAA reserves the right to disapprove the use of professional level employees of the Sponsor when such em-
ployees are designated by the Sponsor to do all or part of the Planning Project.
13. All published material such as reports, maps, and other documents prepared in connection with the Planning
Project and planning work activities shall contain a standard notice that the material was prepared under an Airport
Master - Planning Grant provided by FAA.The Sponsor shall make these documents available
(Master or System)
for examination by the public.
In addition, no material prepared in connection with the Planning Project and planning work activities shall be
subject to copyright in the United States or in any other country. The FAA shall have unrestricted authority to
publish, disclose, distribute, and otherwise use,in whole or in part;any reports,data,or other materials prepared
with Airport Planning Grant funds.
14. The Sponsor agrees to conduct the Planning PrOject in compliance With all the requirements imposed by or pur-
suant to Title VI of the Civil Rights Act of 1964 and by Part 21 of the Regulations of the Office of the Secretary
of Transportation,as amended.
•
•
FAA Form 59001 PG 3 (1-71)
•
PAGE 4 OF 0 PAGES
•
•
• 15. The Sponsor agrees that neither the approval of the Planning, Application nor the tender of this Offer nor the
approval of the final airport Ma ster planning report constitutes an assurance or commitment,
(master or system)
•
express or implied,by the FAA, that any airport development or unit thereof shown in the planning developed as
pan of this Planning Application will be approved for inclusion in any pending or future Airport and Airway
development Program under the Airport and Airway Development Act of 1970.
16. Five (5) copies of the final report! including technical supplements or
appendices! preliminary reports! interim reports and. drafts of the final
Master Plan Report, will be furnished the Washington Airports District
Office, Eastern Region! FAA,
•
•
•
•
•
•
•
•
•
•
•
FAA Form 5900-1PG 4 (1-71) •
PAGE 5 OF 6 PAGES .
The Sponsor's acceptance of this Offer and ratification and adoption of the Planning Application incorporated - ' -
herein shall be evidenced by execution of this instrument by the Sponsor.,as hereinafter provided,and said Offer
and Acceptance shall comprise an Airport Master Planning Grant Agreement, as provided by
( taster or System)
- the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Planning Project. Such Airport Master
(Master or System)
Planning Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL
AVIATION ADMINISTRATION
BY
(Title)
Chief,. Airports Division, Eastern Region
PART II —ACCEPTANICE
The Town of Leesburg, Virginia
(herein referred to as the "Sponsor")does hereby ratify and adopt
all statements,representations,warranties,covenants,and agreements contained in the Airport Master
(Master or System) '
Planning Grant Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer
and by such acceptance agrees to all of the terms and conditions thereof.
Executed in its name by its undersigned officer on this day of - , 19
in Taeshurg ,County of Loudoun _
State of Virginia '
Town of Leesburg. Virginia
(SEAL) (LEGAL NAME OF SPONSOR/COSPONSOR) •
•
BY _
(SIGNATURE OF AUTHORIZED OFFICER)
Attest:
(TITLE OF AUTHORIZED OFFICER) . •
Title:
•
Executed in its name by its undersigned officer on this day of , 19
in —,County of
State of •
(SEAL) - (LEGAL NAME OF COSPONSOR)
•
BY
. (SIGNATURE OF AUTHORIZED OFFICER)
Attest: — -
(TITLE OF AUTHORIZED OFFICER)
Title:
•
FAA Form 5900-1 PG 5 (1-71) . .
• PAGE 6 OF 6 PAGES
1;
Executed in its name by its undersigned officer op this —day of_ _- _, 19
u1 - County of
State of _
(SEAL) (LEGAL NAME OF COSPONSOR)
BY
. (SIGNATURE OF AUTHORIZED OFFICER)
Attest: •
Title: (TITLE OF AUTHORIZED OFFICER)
CERTIFICATE OF SPONSOR'S ATTORNEY
h , acting as Attorney for
Town of Leesburg, Virginia
(herein referred to as the "Sponsor")do
hereby certify:
That I have examined the foregoing airport piaster Planning Grant Agreement and the
( fester or System)
proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said.Sponsor has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State(s)
of— Virginia _ ,and further that, in my opinion,
said airport Mas ter - Planning Grant Agreement
(Afaster or System)
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of 19
(Signature)
(Title)
•
•
•
•
•
FAA Form 5900-1 PG 6 (1-71) I ,