HomeMy Public PortalAbout1977_02_02 MINUTES OF RECONVENED MEETING. OF JANUARY 31, 1977 OF LEESBURG TOWN 163
COUNCIL, HELD ON FEBRUARY 2, 1977 .
The meeting of January 31, 1977 of the Leesburg Town Council was
reconvened in the Council Chambers; 10 West Loudoun Street, Leesburg,
Virginia at 7 : 30 P.M. on February 2, 1977 at the call of the Mayor.
Present were: Mayor Mary Anne Newman, Councilmembers Charles E.
. Bange, Stanley D. Herrell , Jr. , James A. Rock, C. Terry Titus and
John W. Tolbert, Jr. ; also Town Manager John Niccolls and Town At-
torney George M. Martin. Absent was Councilmember Glen P. Cole.
On motion of Mayor 'Newman, seconded by Mr. Tolbert, Council
voted unanimously to go into executive session to discuss a legal
matter -relating to the Leesburg Municipal Airport:
Aye: Councilmembers Bange, Herrell, Rock, Titus, Tolbert and
. Mayor Newman.
Nay: None.
On motion of Mr. Rock, seconded by Mr. Tolbert, Council voted
unanimously to reconvene at 10:40 P.M. :.
Aye: Councilmembers Bange, Herrell , Rock, Titus, Tolbert and
Mayor Newman.
Nay: None.
O
77-15 - Resolution - Authorizing an agreement to settle disputes with
pTransamerican Airports,. Inc. '
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
resolution was proposed and adopted by a vote of 4 to 2 :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
SECTION I. An Agreement to settle disputes between the Town
and Transamerican Airports , Inc and Chantilly Aviation, Inc.
("Companies" herein) is approved with the general terms and
conditions as follows :
1 . All of Companies ' leases at Leesburg Municipal Air-
port will be surrendered upon-payment as provided below and
all accrued unpaid rents waived and the Companies shall me-
morialize said surrender by written termination agreement
within five days of the passage of this resolution.
2. The following lawsuits in the Circuit Court of Loud-
oun County, Virginia will be mutually dismissed with prejudice
by the Companies and Town: •
a) Transamerican Airports, Inc. v. Town of Leesburg,
In Chancery No. 4860.
b) Town of Leesburg v. Transamerican Airports, Inc. ,
At Law No. 4868.
c) Transamerican Airports, Inc. and Chantilly Avia-
tion, Inc. v. flThe Town of Leesburg, At Law No.
5082.
3. The Companies, their officers and stockholders and
the Town will execute a general release of claims and counter-
claims between the Companies, their officers and stockholders
and the Town and any present ox former members of the Town
Council or their agents.
4. The attorneys for the Companies will submit an opin-
ion running to the Town, in a form approved by the Town At-
torney, that termination of the abovementioned leases does
not constitute an act of bankruptcy, that there are no liens
or encumbrances against the leasehold interest of the Com-
panies, and that all corporate acts and proper legal steps
have been taken for a valid surrender of the leases.
•-)44,C.
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164 MINUTES OF FEBRUARY 2., 1977 MEETING.
5. The Town will pay the sum of $70,000 to Hall, Mona-
han, Engle, Mahan & Mitchell , Attorneys for the Companies,
upon the execution of the releases provided for herein and
• endorsement of the necessary orders dismissing the pending'
lawsuits with prejudice by the Companies.
•
SECTION II. The manager is authorized and directed to exe-
• cute, on behalf of the Town, a general release in a form
approved by the Town Attorney of claims and counter-claims
against the Companies , upon (1) execution of such a general
release by the Companies, their officers and stockholders
of claims and counter-claims against the Town and any pres-
ent
or former members of the Town Council or their agents
and (2) endorsement by the Companies ' attorneys of the
orders dismissing the pending cases with prejudice.
•
SECTION III. The Town Attorney is directed to endorse such
orders of dismissal as are necessary to. implement the above
described settlement. • •
Aye: Councilmembers Bange, Titus, Tolbert and Mayor Newman.
Nay: Councilmembers Herrell and Rock.
77-16 - Resolution - Authorizing an interfund loan and appropriation.
On motion of Mr. Bange, seconded by Mr. Rock, the following reso-
lution was proposed and adopted by a vote of 5 to 1 :
•
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. A loan of unencumbered Utility Fund balances
in the amount of $70,000.00 is hereby authorized to the
Airport Fund to be repaid from future revenues of the Air-
• port Fund with interest at six percent per annum compounded
annually.
SECTION II. An appropriation in the amount of $70, 000 is
hereby made to Account No. 30000-261, Legal services, for
the fiscal year ending June 30, 1977 .
Aye: Councilmembers Bange, Rock, Titus, Tolbert and Mayor
Newman.
Nay: Councilmember Herrell.
On motion of Mr. Rock, seconded by Mr. Titus, Council voted
unanimously to recess this meeting until the call of the Chair:
Aye: Councilmembers Bange, Herrell , Rock, Titus , Tolbert and
Mayor Newman. • •
Nay: None.
•
X Mayor
•
Clerk o e Council •