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HomeMy Public PortalAbout1972_11_22 224 MINUTES. OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 22 , 1972 . A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on No- vember 22 , 1972 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Hill. Those present were : Councilmen G. Dewey Hill, Walter F . Murray, Robert A. Orr, John W. Pumphrey, C. Terry Titus and John A . Wallace, Jr. ; also Acting Town Manager Robert C. Forbes and Town Attorney George M. Martin. The Minutes of the Regular Meeting of November 8, 1972 were approved as written . Mr. Robert Harris appeared on behalf of Wolman Construction Com- - pany with regard to the sewer easement needed across the Steffey tract . This sewer route has been surveyed and an offer made to Mr. Steffey in the amount of $3 ,500 .00 for the easement required. Mr. Steffey in- formed Council that the previous contract purchaser dropped his contract and he now has another contract, which looks like it will be acceptable , although it may take a week or ten days to work out the details . He pointed out, however, that the purchaser would want to be in the driver 's seat insofar as the location of a sewer line is concerned. The contract is , of course , subject to zoning by the County , and the contract purchaser would want six months to apply for this rezoning and 12 months to get it " zoned, so they would be talking about 18 months at the very minimum. Mi': Harris said this tract of land has been under similar circumstances for considerable period of time and he feels that , in all fairness to the contract purchasers of the Holden tract, as well as in the interest of consistent planning and land use , some action should be taken by the Coun- cil . He asked that Council institute the necessary proceedings for the acquisition of the easement in order that this sewer line might be in- stalled, then the contract purchaser of the Steffey property would be buying subject to this easement. Councilman Hill asked how they arrived at the value of the taking of this easement . Mr . Harris said this land is in a flood plain and they feel they would be enhancing the land and have made a good offer for the portion needed. Councilman Murray asked Town Attorney Martin what alternative the Town would have other than condemnation proceedings . Mr. Martin said there are a lot of serious problems involved, however , he believes it could be condemned under early taking . Mr. Steffey said the building of this sewer line could be of service to any developer if he had the site plan and the trunk sewer were built in accordance with the taps he would require, however, it could be detrimental if the taps were not in accord with his plans . Mr. Harris said he understands that engineering on this line has been done by consultants for the Town (Dewberry , Nealon and Davis) . Mr . Williamson, of Wolman Construction Co. , said the line has been designed by the Town ' s consultants for the entire watershed, so it could not be too small for Mr. Steffey ' s clients to tap into . Councilman Wallace felt that this property has been held up long enough, however, this is a rather complex situation . He would like to see it go back to Committee with respect to possible condemnation proceedings . Councilman Murray said he would go along with this , but he would like to give Mr. Steffey 30 days to be sure he has a buyer. Mr . Harris said they would be willing to go along with the 30-day period , but would like to see a resolution adopted by Council after that period of time . The matter was discussed further by Council, with the general consensus being that , if Mr . Steffey does not have some- thing more definite by the next Council meeting , Council will determine what legal action might be taken. Acting Town Manager Robert C . Forbes reported as follows : (1) Mrs . Kidwell , mother of Acting Chief of Police Jimmy Kidwell , passed away this morning . Funeral services will be held at 2 :00 P.M. Friday at the Baptist Church . (2) Mr . Ritter is in the office approximately three hours each day now. (3) On November 15th, Mr . Chaves , Dick Blackwell and he met with representatives of the Highway Department to discuss the proposed Urban Project on East Market Street from Catoctin Circle to Sycolin Road. Since the second Urban Project requested by the Town will utilize a full 90-foot right-of-way and will tie into the Sycolin Road-Catoctin Circle Project, the Highway Department representatives were at first reluctant to go along with the plan by Dewberry, Nealon and Davis . This plan shows 225 MINUTES OF NOVEMBER 22 , 1972 MEETING. only a part of the existing 80-foot right-of-way being utilized. After it was explained that the project was a stopgap measure to create an additional lane on East Market Street and to widen Catoctin Circle to alleviate an immediate traffic problem, the Highway Department repre- sentatives accepted the plan with some minor changes . (4) The design of the traffic signals at the intersection of Market Street and Catoctin Circle should be an integral part of the above-men- tioned Urban Project , and it was suggested by Mr. Hawkins of the Urban Division that a request be made for the design. A resolution to this ef- fect is on the Agenda . (5) Since the second Urban Project from Sycolin Road east to the By-Pass will require 90 feet of right-of-way, of which we have only 80 feet at the present time , five feet of additional right-of-way will be required on each side . The Highway Department will obtain this if re- quested to do so , and the resolution on the Agenda authorizes them to do so . Also , there is a letter before Council members , explaining in detail the meeting of November 15th . dr (6) Mrs . Buchanan from the Paxton Home called on November 14th 0 with regard to a large hole in the field approximately 400 feet north ,.. of the Paxton Well . She was concerned for the children in the area and Cz, the possibility that it had some connection with the Well . He and Mr. Chaves investigated this with Mrs . Buchanan, Mr. Les King and Mr. �-+ Goldston at the site , and found the earth had caved in, leaving a hole at the ground surface approximately 5 feet in diameter and extending to a depth of about 15 feet . This cave-in poses an immediate danger to the children and to hunters in the area. It was recommended that it be filled in as soon as possible , however, It explained that he is not author- ized to expend funds outside the corporate limits, but suggested that the Paxton Home Board discuss the matter with Council. If the Council authorizes , he can make available a backhoe and truck with men to assist. (7) The rezoning request of Alpha Associates , Inc . is not on the Agenda for referral to the Planning Commission due to the fact that there was acdiscrepancy in the acreage . He informed the attorney handling the ap- plication, but the necessary corrections have not yet been made . (8) In accordance with Section 4 .3 of the Charter, he informed Council that Mrs , Hazel Church began work as Receptionist-Secretary on November 16th . ;(9) He talked with Mr. Bourne of Henningson, Durham and Richardson about the Master Plan for the Airport, and he assured him that copies of the Preliminary Phase I Report will be delivered next week. (10) Mr . Weatherholtz has asked for a price to paint the exterior of the Coospl Building and the apartment buildings , however, he has re- ceived only7response , that price being $2 ,564 . 00. It is felt that this is too high and it is recommended that we solicit bids in the early spring in order to obtain a better price . (11) The ceiling tile needed to repair the ceiling in the Council Chambers will be available next week and it will be repaired at that time. Councilman Wallace said he had asked Town Attorney George Martin for an opinion as to the Town 's authority to pass an Ordinance with re- gard to x-rated movies . Mr . Martin ' s reply was that only cities and counties can pass such an( ordinance�utbezeZore this is a matter for the County. Councilman Wallace did rea et er prepared by him to the Vice-President of the theater, which would put him on notice that the Town would like for him to cooperate in this matter. Councilman Hill suggested that the petitioners go to counsel for the Board of Supervisors to request that such an ordinance be adopted . This matter was discussed further, with the outcome being that Mrs . Wilson, as spokesman for the Petitioners , would present this matter to the Board of Supervisors, and Council agreed that the proposed letter from Mr . Wallace be sent to the Vice-President of the theater. Councilman Titus asked Mr . Forbes to check to see if a reply has been received from the Highway Department Resident Engineer stating that the encroachment on the sidewalk by Jerry 's Florist will not affect the Town ' s street maintenance payments . 2.26 MINUTES OF NOVEMBER 22 , 1972 MEETING. Mr . Forbes reported that a form on the final grant payment had been received from HUD, however, the amount given was $18 ,000 to $19,000 short of the expected amount . Councilman Titus reported that he had received complaints from resi- dents of Country Club Estates concerning trash and debris on the streets.. Mr . Forbes said the Town has no control over this since it is outside the corporate limits . Councilman Titus asked that the Town try to work with the Highway Department on this situation until the streets are accepted by the State . Councilman Pumphrey also called attention to the mud on Edwards Ferry Road left by trucksfrom the construction sites in that area, particularly in the eastbound lane . Mr. Forbes said we have an ordi- nance covering this and the Police caught one truck driver today. They were cleaning it up in a very short while . Mr. Pumphrey said if we cannot make the person responsible for cleaning it up, then he thinks the Town . should be responsible for this . He also called attention to- the trucks that are parked on the street in that area at night, with no lights on them. Councilman Orr reported that , with regard to a letter from a resi dent of Cornwall Street complaining about speeding cars on that street, Acting Chief Kidwell had set up radar and measured the speed of 80 cars .., =: The maximum speed was 36 mph and the minimum 18 mph . Mr . Forbes said the complainant has been notified of these findings , and Councilman Orr said he had asked the Hospital employees not to speed. Mr . Frank Raflo, member of the Board of Supervisors , commented that the County is having the same problem with contractors dropping mud on the streets and roads in the vicinity of Sterling. He suggested that perhaps the Town and the County might speak in one voice and something might be done to stop this . Mr . Raflo addressed Council concerning the installation of indi- rect lighting for the County Court House , citing the beauty of the building since it has been refinished, as well as the protection and safety such lights would afford. VEPCO has been contacted and given a rough cost estimate of $750 .00 for this installation. He also had a rough sketch for this installation. He requested that Council appoint a member to work witht} m on this project and stated that the County would be happy to have/Town contribute . He pointed out that these lights would be County-owned and be a one -time cost, the cost of the current being a continuing one . It was the general consensus of Council that a member be appointed and Mayor Rollins appointed Councilman Titus to work with Mr'. Raflo on this project . On motion of Councilman Hill , seconded by Councilman Pumphrey , the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the application by John C . Wright and Son to connect to and extend the Town 's Water and Sewer Works to serve 132 motel units and Club House Complex be and the same is hereby approved, • subject to the availability charges and tap fees being paid in full . There was considerable discussion concerning the extension of these lines , with the feeling being that an easement should be dedicated to the Town. Councilman Titus moved to amend the above resolution by adding at the end the following : "and dedication of suitable easement to -the Town. " However, this motion was withdrawn and, on motion of Councilman Titus , seconded by Councilman Wallace , the resolution was unanimously tabled. Councilman Orr left the meeting at this time . On motion of Councilman Wallace , seconded by Councilman Hill, the • following resolution was unanimously adopted, after some discussion and assurance by Mr. Logan Jennings of Jeffrey Sneider & Company that $160,000 will remain in the escrow account until the streets are taken over by the Town and the Highway Department , as well as the fact that the 275 ,000 gallon standpipe will be built by October of next year : 22:1y MINUTES OF NOVEMBER 22 , 1972 MEETING. RESOLUTION DESIGNATING DEPOSITORY FOR ACCOUNT IN THE NAME "TOWN OF LEESBURG, VIRGINIA - LEESBURG COUNTRY CLUB SUBDIVISION PHYSICAL IMPROVEMENTS (SECTION III) " I , the undersigned, hereby certify to The Peoples National Bank of Leesburg , Leesburg , Virginia , that I am Clerk of the Coun- cil of the Town of Leesburg , in Virginia , a municipal corporation chartered by an Act of the General Assembly of Virginia ; that the following is a true copy of resolutions duly adopted in accord- ance with law by the Council of said Town at a meeting held in Council Chambers on the 22nd day of November, 1972 , and that such resolutions have not been rescinded or modified . WHEREAS , Jeffrey Sneider & Company , a Virginia corporation, will deliver to the Escrow Agent in accordance with that certain Escrow Agreement dated the 22nd day of November, 1972 , by and be- tween Jeffrey Sneider & Company , a Virginia corporation, party of the first part ; the Town of Leesburg , in Virginia , a municipal corporation, party of the second part ; and The Peoples National O Bank of Leesburg , Leesburg , Virginia , party of the third part , the sum of Four Hundred Eighty-Four Thousand Six Hundred Eighty- A .Nine and 18/100 Dollars ($484 ,689. 88) (150% of the bonding re- CZ quirements of $323 , 132 . 12) to guarantee satisfactory and ac- ceptable installation of physical improvements within Section III of Leesburg Country Club Subdivision as required by Section IV A 2 of the Subdivision Ordinance for. the Town of Leesburg , Virginia , and WHEREAS, it is desired that a depository for such sums as are secured from liquidation of the securities under the above agreement be designated for the safekeeping thereof and for the joint withdrawal of said funds to pay for the construction of said physical improvements 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 ofd such work pursuant to the plans and specifications heretofore filed with the Town of Leesburg , Virginia . NOW, THEREFORE, BE IT RESOLVED, that The Peoples National Bank of Leesburg, Leesburg , Virginia , is hereby designated as a depository of the Town of Leesburg , in Virginia , and that a check- ing account be maintained in said bank in the name "Town of Lees- burg, Virginia - Leesbur� Country Club Subdivision Physical Im- provements (Section III) ', and both the Town Manager of the Town of Leesburg, in Virginia , or his successor or substitute who may be lawfully acting, is hereby authorized to sign , and the subdivider, Jeffrey Sneider & Company , a Virginia corporation, by its agent , are only authorized to countersign checks , drafts and other instru- ments for the payment of money from the account under said title ; that the said officer of the Town of Leesburg , in Virginia , is here- by authorized to endorse checks , drafts , money orders, or other instruments for deposit in said checking account, or for collec- tion by said Bank ; to accept drafts , checks and other instruments payable at said Bank , to waive demand, protest and notice of pro- test, or dishonor of any check or other instrument made , drawn or endorsed on behalf of said Town, and the title 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 the Peoples National Bank of Leesburg , Leesburg , Virginia , is hereby authorized to honor, re- ceive, 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 Bank shall not be required, or be under any obligation to inquire as to the cir- cumstances of the issuance or use of any instrument signed in ac- cordance with these resolutions , or the application and disposi- tion of such instrument , or the proceeds thereof ; and 228 MINUTES OF NOVEMBER 22 , 1972 MEETING. BE IT FURTHER RESOLVED, that the Clerk of the Council of this Town shall certify to said Bank the name and signature of the presently appointed and duly (Vilified Town Manager, and to his successor or substitutes , if any, who may be hereafter law- fully designated, and immediately certify such changes to the Bank, and the Bank shall be fully protected in relying upon such certifications of the Clerk of the Council, and shall be indemni- fied and saved harmless from any claims , demands , expenses , loss or damage resulting from or growing out of , honoring the signa- ture 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 this resolution shall in no manner affect or invalidate the resolutions adopted by the Council of this Town on September 2 , 1963 , designating The Peoples National Bank of Leesburg, Leesburg, Virginia, as a depository for the check- ing account maintained in said Bank in the name "Town of Leesburg Virginia", or in the name of "Town of Leesburg , Virginia , Police , Court", and authorizing the signing of instruments for the with- drawal of money from said accounts and the endorsement of instru- ments for deposit to said accounts ; and BE IT FURTHER RESOLVED, that said Bank is hereby authorized and directed to rely and act upon this resolution from and after ti its date of adoption, and that it shall remain in full force and effect until written notice of its amendment or rescission shall have been received and acknowledged by said Bank, and that re- ceipt of any such notice shall not affect any action taken by said Bank prior thereto ; and BE IT ALSO RESOLVED, that the Clerk of the Council is hereby authorized and directed to certify to The Peoples National Bank of Leesburg , Leesburg , Virginia , this resolution, and that the provi- sions hereof are in conformity with the Charter and Ordinance of this Town and the laws of the State of Virginia ; and BE IT FURTHER RESOLVED, that in the event that the Subdivider obtains a bond in the amount of Three Hundred Twenty-Three Thousand One Hundred Thirty-Two and 12/100 Dollars ($323 , 132 . 12) to secure the Town of Leesburg that the above improvements will be performed, then in said event, the Subdivider shall be permitted to withdraw the money when the improvements have been completed or a bond is issued, and its substitution for the money has been approved by the Town. 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 . I further certify that the name and official signature of the duly qualified and acting Town Manager of said Town is as follows : OFFICE : NAME : OFFICIAL SIGNATURE : Town Manager James W . Ritter, Jr. 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 day of , 19 Clerk of the Council of the Town of Leesburg , in Virginia (SEAL) 229 MINUTES OF NOVEMBER 22 , 1972 MEETING. A proposed Agreement- with regard to the above Resolution was dis- cussed by Council, with Councilman Wallace expressing a desire to delete the following at . the end of Paragraph 5 (d1 : "In the further event the Developer objects to such request, the Escrow Agent shall continue to re- tain the assets in the Escrow Account until both parties direct in writ- ing the disposition , or upon direction by a court of competent jurisdic- tion as to the disposition. " This was so ordered by Mayor Rollins , with -no objection from other Council members: Also, with no objection from • Council members , Mayor Rollins ordered -that the amount payable to the Es- crow Agent for services be determined by that Agent, and that the fol- lowing be added at the end of Paragraph 6 : . "said fee to be the sole re- • sponsibility of the Developer. " On motion of Councilman Wallace, sec- onded by Councilman Murray•, ' the following resoldtion was adopted by a - vote of 5 to 1, with Councilman Titus casting the dissentingvote : • BE IT RESOLVED by the Town Council of the Town of Leesburg, that- the following Agreement be and the same is hereby approved, and . BE IT FURTHER RESOLVED, that the Town Manager be and he is here- by authorized to affix his signature to said Agreement : °C THIS AGREEMENT, made this 22nd day of November, 1972 , pbetween Jeffrey Sneider & Company , a Virginia corporation, hereinafter referred to as the Developer, party of the first part ; THE TOWN OF LEESBURG, IN VIRGINIA, a municipal corporation, here- inafter referred to as the Town, party of the second part ; and THE PEOPLES NATIONAL BANK OF LEESBURG, LEESBURG, VIRGINIA, here- inafter referred to as the Escrow Agent , party of the third part . WITNESSET H: THAT WHEREAS, the party of the first part is the owner and developer of the proposed subdivision known as "Leesburg- Country Club", Section III , located on the westerly side of U. S. Route No. 15 , and adjacent to the Southerly corporate limits of the Town of Leesburg , in Virginia ; and WHEREAS, the Town has agreed to furnish water and sewer ser- vices to consumers in said subdivision, provided Developer shall complete the construction of•all streets , curbs , gutters , side- . • walks , water main sewers , water lines and sewer lines , and con- nect the water and sewer lines with the Town 's main water and sewer lines, within two (2) years from the date of this agree- ment, transfer unto the Town ownership of the above public im- provements, free of liens and encumbrances ; the Developer being required, as evidence of good faith, to deposit the sum of Four Hundred Eighty-Four Thousand Six Hundred Eighty-Nine and 18/100 Dollars ($484 ,689. 18) with the Agent, said funds to be invested by the Agent En short -term U. S. Government or U. : S. Government Agency negotiable Bonds that are subject to immediate redemption as' required by either Jeffrey Sneider & Company or the Town of Leesburg, the. earned interest thereon and the-proceeds of sale thereof to be distributed as hereinafter authorized and directed. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That for and in consideration of the premises , and in further con- sideration of their mutual promises herein contained, the party of the first part and the party of the - second -pare, 'hereby mu- tually covenant and agree as follows : I/ -17. Developer shall at its own cost and expense erect in said subdivision all streets , curbs, gutters , sidewalks , water main sewers , water lines and sewer lines and connect the water and sewer lines with the Town 's main water -and sewer lines , in accordance with the Town of Leesburg Form P. C. 1 and P. C. 2. 2: The said installation shall be in accordance with existing specifications of the Town, both as to materials and workmanship. 230 MINUTES OF NOVEMBER -22 , 1972 MEETING. 3 .- Developer shall complete the above improvements within two (2) years from the date of this agreement, and transfer and convey unto the Town all of its right, title , interest and es- tate in and to the above public improvements, free from all liens and encumbrances . 4. Upon completion of the project, Developer shall furnish to the Town satisfactory evidence that all costs of materials , and that all cost of labor have been fully paid and satisfied. 5. Developer, as of the date of the execution of this agree- ment , has deposited with the escrow agent Four Hundred Eighty- Four Thousand Six Hundred Eight*-Nine and 18/100 Dollars • ($484,689. 18) , and said escrow agent is authorized and directed to : • (a) invest said monies in short term U. S . Government or U. S. Government Agency Negotiable Bonds that are sub- - ject to immediate redemption as required by either Jeffrey Sneider & Company or The Town of Leesburg . (b) Pay to Developer any earned and collected interest • accruing from said bonds . (c) Upon authorization in writing, signed by Developer, the Escrow Agent shall sell such bonds as therein author- ized and pay the proceeds of sale as authorized by Developer and •the Town Manager of the Town of Leesburg. (d) At the end of two years, the Escrow Agent shall sell any remaining bonds placed in its Escrow Account and then deliver to Developer the balance in its Escrow Account ':: upon written authorization by the Town of Leesburg. In the event said authorization is not given, the Escrow Agent • will pay over or deliver to the Town such sum,as requested in writing by the Town, a copy of which is to be- sent to the Developer, and the remainder thereto shall be delivered to the Developer. • 6% The Escrow Agent shall receive for services the sum of $ , paid from the proceeds of sale of said bonds , said fee to be the sole responsibility of the Developer. WITNESS the following signatures and seals . • JEFFREY SNEIDER & COMPANY, a Virginia corporation By • ATTEST: - THE TOWN OF LEESBURG, IN - VIRGINIA, a municipal• corporation By ATTEST : - • THE PEOPLES NATIONAL- BANK OF • • LEESBURG, Leesburg, Virginia By - - ATTEST: • • • • • 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 the Town Manager be and he is hereby authorized and di- rected to request the State Highway Department to design the necessary traffic signals at the intersection of East Market Street (Rt. 7) and Catoctin Circle. 231 MINUTES OF NOVEMBER -22 , -1972 MEETING. - - On motion of Councilman Titus , seconded by Councilman Pumphrey, the following resolution was unanimously adopted after some detailed explanation by Mr. Forbes : BE IT RESOLVED by the Town Council of the Town of Leesburg , that the Virginia Department of Highways be authorized to ob- tain the necessary rights-of-way for the previously authorized Urban Projects on East Market Street . On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted, after explanation by Mr. Chaves that the appropriation to S. 0. Jennings Construction Corp. on the Dry Mill Trunk Sewer is higher than the estimated cost due to the fact that there were 34 house connections to be made, at $750 each, rather than the 30 shown on the plans , as well as the fact that they ran into more earth and rock excavation than originally planned : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made: $ 1,729.50 Dewberry, Nealon & Davis - Invoice #5913 , Storm 0 Sewer Design, Ayr Street to Hospital Storm Sewer. y 1971 Bond Issue . 12561. 70 - Dewberry , Nealon & Davis - Corrected Invoice #5915, Stake-out Dry Mill Branch Trunk Sewer. 1971 Bond Issue . 409.00 -Dewberry, Nealon & Davis - Invoice #32226 , Dry Mill Trunk Sewer Project 3 . 1971 Bond Issue. 322 . 50 - Dewberry, Nealon & Davis - Invoice #5914, Stake- out Hospital Road Project. .1971 Bond Issue . 60,414.48 - S . 0. Jennings Construction Corp. - Estimate #3 - Dry Mill Trunk Sewer and Wage Drive and Anne Street Sanitary Sewers . 1971 Bond Issue. 16 ,791 . 12 - Perry Engineering Co. - Hospital Road Project. 1971 Bond Issue . 3 . 96 - Johnson and Williams - Printing by Exspeedite of Feasibility Study, Potomac River Water Supply Proj - ect. 1971 Bond Issue , to be reimbursed from $1,500,000 Bond Issue . 1,668.50 - George M. Martin - Professional Services rendered - S. M. Rust Case . 1971 Bond Issue , to be reimbursed from $ 1,500,000 Bond Issue. 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 the Town Manager be authorized to make application to the Virginia Electric and Power Company for the privilege of attaching to a number of their poles along King Street and Market Street certain wires and other fixtures necessary to pro- vide decorative lighting for the Christmas season, and BE IT FURTHER RESOLVED, that the Town will assume all responsi- bility for each installation and agrees to save Virginia Elec- tric and Power Company harmless from any loss , cost, injury or damage to persons or property resulting out of or arising from the installation, operation, use , non-use or removal of such installations , and 232 MINUTES OF NOVEMBER 22 , 1972 MEETING. - BE IT FURTHER RESOLVED, that the Town of Leesburg agrees to assume responsibility for the payment to Virginia Electric and Power Company for all electric energy used through said installations , with the understanding that billing will be made under the existing municipal contract. Councilman Hill asked that our insurance carrier be advised of the ;'0':_- hazardninuoived • On motion of Councilman Murray, seconded by Councilman Hill, the following resolution was adopted by a vote of 4 to 2 , with Mayor Rollins and Councilman Wallace casting the dissenting votes : • BE IT RESOLVED by the Town Council of the Town of Leesburg, • that, effective December 11th through December 25th, the parking meters on the Municipal Parking Lot shall be bagged for the Yule Season. • Mayor Rollins asked that a spray of flowers be sent to the funeral home for Mrs . Kidwell. Town Attorney George Martin reported that the transaction between Reproco, Inc . and the Town was closed day before yesterday. • On motion of Councilman Murray, seconded by Councilman Wallace, thec meeting was adjourned at 9:25 P.M. • • 444.1-e-c2) ia ts Mayor • ,g. J . C[erk 'f the Council 1 • 1