HomeMy Public PortalAbout1978_01_11I1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JANUARY 11, 1978.
A regular meetingof the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on
January 11, 1978. .. The meeting was called to order by the Mayor at
7 : 37 P.M. , with the invocation being given by Mr. Bange, and fol-
lowed with the Salute to the Flag. Present were: Mayor Mary Anne
Newman, Councilmembers Charles E. Bange, Glen P. Cole, Stanley D.
Herrell, Jr. , James A. Rock, C. Terry Titus and John W. Tolbert, Jr. ;
also Town Manager John Niccolls, Assistant to the Manager Jeffrey H.
Minor and Town Attorney George M. Martin.
The minutes of December 14, 1977 were corrected on Page 356,
Resolution 77-219, by Mr. Titus, who did not vote• on this resolution.
The minutes of this meeting were approved, as corrected. The minutes
of a special meeting of December 15, 1977 and a public hearing of De-
cember 21, 1977 were approved as written.
Mr. Dick Frizzell, President of Health Care Medical Facilities,
Blacksburg, appeared before Council seeking a commitment for water
and sewer for a proposed nursing home on Morven Park Road. They
took an option on the land in 1976 and were given a letter by the
Town at that time stating that water and sewer would be available,
this, of course, being before the water shortage. A Certificate
of Need has been issued to them by the State Health Department and
plans were submitted to HUD in 1977. They now have a firm commit-
ment from HUD. and they must exercise that commitment by March 1st_. .
The Health Department has sent a letter to the Town stating that
they have no objection to Council granting this connection. This
would be a good clean industry for the town - it would employ ap-
proximately 110 people and project over $1, 000, 000 into the Town' s
economy. They would not need this water until July of 1979 - they
must have a building permit and the- water and sewer commitment by
March 1st. He also stressed that there is a move afoot to re-allocate
these beds to Northern Virginia if they are not used by this facility.
Mayor Newman explained that the resolution adopted in June of 1975
by the then Council was in favor of "Manor Care" being provided with
water and sewer, along with a provision that construction be commended
within one year of approval of the- resolution. This time came and
went and nothing was done, so it would seem that Council will be
considering a new item here. This matter was discussed briefly,
with Councilmembers asking questions- of Mr, Frizzell. Mayor Newman
said no decision can be made tonight, but this item will be on the
Workshop Agenda for next Wednesday night. Mr. Niccolls asked that
Mr. Frizzell furnish a copy of the HUD documents and tell the Town
just what this deadline means.
Mr. Frank Raflo exhibited to the Council two proposed Zoning
Maps for the County and said that the Board of Supervisors has been
Crying for the past 18 months to get- a map that corresponds to the
County' s Comprehensive Plan. He requested that members of Council
meet with representatives of the County to discuss the area around
the Town before the Planning Commission proceeds further. Mayor
Newman set a special workshop on this matter for January 23rd at
7 : 30 P.M. , with Mr. Raflo to make arrangements for a meeting place.
Public Hearing on Proposed Amendments to Sections 15-9 and 19-18 of
the Town Code.
A public hearingonproposed amendments •to Sections 15-9 and
19618 of the Town Code was held at this time. -. The Notice of Hearing
and the proposed additions to Sec. 15-9, Sewer, and 19-18, Water,
were read by the Clerk. There were no proponents or opponents to
- be heard on these amendments and- no comments by councilmembers, thus
the public hearing was closed by the Mayor.
78-0-1 - Ordinance - Amending Section- 10-171 of the Town Code re
Parking Meter Zones.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows:
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MINUTES OF JANUARY 11, 1978 MEETING.
SECTION I. That Section 10-171 of the Town Code is hereby
amended to read as follows :
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Sec. 10-171. Establishment of meter zones and parking
time limits- therein.
' Parking meter zones, with the following time limits
for lawful parking, are hereby established as follows :
(1) West side of King Street, between Loudoun Street
and North Street, for two-hour parking at any one
• time. II/(2) East side of King Street, between VEPCO right of
way and Royal' Street; for two-hour parking at any
one time.
(3) South side of Market Street, between Church Street
and Wirt Street, for two-hour parking at any one
time, except that the time limit for lawful parking
shall be 15 minutes at any one time in front of the
Post Office on Market Street.
(4) Municipal parking area between Wirt Street, King
Street, Loudoun Street and Market Street, for
10-hour parking, except that 40 spaces shall be
designated for two-hour parking at any one time.
(5) East side of Church Street, between Edwards Ferry
Road and Cornwall Street, for two-hour parking. at
any one time, except that two spaces shall be un-
metered and reserved for official cars of the
State and Town Police and the County Sheriff' s
Department.
(6) North side of Loudoun Street, between Wirt Street
and Church Street, for two-hour parking at any one
time.
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On motion of Mr. Titus, seconded by Mr. Bange, an amendment was pro-
posed and unanimously adopted as follows:
In Section (3) , change "Wirt" Street to "Liberty" Street;
In Section (5) , third line, eliminate "two" spaces;
SECTION II. An emergency is declared and this ordinance
shall be effective from 12 : 01 A.M.. , January 12, 1978.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
The ordinance, as amended, was unanimously adopted and reads as fol-
lows : • •
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. That Section 10-171 of the Town Code is hereby
amended to read as follows :
Sec ! 10-17l. Establishment of meter- zones and parking
time limits therein.
Parking meter zones, with the following time limits
for lawful parking, are hereby established as follows:
(1) West side of King Street, between Loudoun Street
and North Street, for two-hour parking at any one
time.
(2) East side of King Street, between VEPCO right of
way and Royal Street, for two-hour parking at any
one time.
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MINUTES OF JANUARY 11, 1978 MEETING.
(3) South side of Market Street, between Church Street
and Liberty Street, for two-hour parking at any one
time, except that the time limit for lawful parking
• shall be 15 minutes at any one time in front of the
Post Office- on Market Street.
• (4) Municipal parking area between Wirt Street, King
Street, Loudoun Street and Market Street, . for
10-hour parking, except that 40 spaces shall be
designated for two-hour parking at any one time.
(5) East side of Church Street, between Edwards Ferry
Road and Cornwall Street, for two-hour parking at
any one -time, except that spaces shall be unmetered
and reserved for official cars of the State and Town
Police and the County Sheriff' s Department.
•
(6) North side of Loudoun Street, between Wirt Street
and Church Street, for two-hour parking at any one
time.
SECTION II. An emergency is declared and this ordinance
shall be effective from 12:01 A.M. , January 1-2, 1978.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
78-0-2 - Ordinance - Amending Chapter 4 of the Town Code by adding a
new article regarding Dogs.
On motion of Mr. Rock, seconded by Mr. Tolbert, the following
ordinance was proposed, discussed• and adopted by a roll call vote
of 6 to 1 :
ORDAINED by the Council of the- Town of Leesburg, ,Virginia,
as follows : -
SECTION I. That Chapter 4 of- the Town Code is hereby amended
to read as follows : .
Chapter 4
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ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-1. Raising or keeping hogs prohibited.
It shall be unlawful for any person to raise_ or
keep any hog within the municipality.
Sec. 4-2. Confinement• of livestock.
• The owner or custodian of any livestock shall _
keep such livestock confined to his own premises, by
the erection of a suitable fence, so designed• and
maintained that such livestock will not have access
to any adjacent property.
Sec. 4-3. Confinement of fowl. •
The owner or custodian of any fowl shall keep such
fowl confined to his own premises.
Sec. 4-4. Riding, leading or driving horses or mules
on sidewalks-.
It shall be unlawful for any person to ride, lead
or drive any horse, mule or pony on any sidewalk of the
municipality.
4 MINUTES OF JANUARY 11 , 1978 MEETING.
Sec. 4-5. . Killing, slaughtering, etc. , animals.
it shall be unlawful- for any person to kill ,
butcher, slaughter or dress any ox,- beef, cow, hog,
calf or sheep within, the municipality.
Sec. 4-6. Unlawful display, handling, etc. , of snakes.
(a) It shall be unlawful for any person to: display,
exhibit, handle or use any poisonous or dangerous snake
or reptile in such a manner as to endanger the life or
health- of any person. '
(b) Any person violating the provisions of this -
section shall be guilty of a misdemeanor and punished
by a fine of not less than fifty dollars ($50. 00) nor
more than one hundred fifty dollars ($150.00) , or by
confinement in jail not exceeding six (6) months, or
by both such fine and confinement.
ARTICLE II. CONTROL OF DOGS
Sec-. 4-7 . Definitions Generally.
For the purpose of this Article, unless otherwise
required by the context, the following words and phrases
have the meanings indicated in this section,
(a) "Li-vestock" includes cattle, sheep, horses,
goats, swine and enclosed domesticated rabbits or hares.
(b) "Poult " includes all domestic fowl and game
birds raise in captivity. -
(c) "Owner" includes any person having a right of
property in-7757; anyperson who keeps or harbors a dog
or has it in his care, or who acts as its custodian; and
any person who permits a dog to remain on or about any
premises occupied by him
(d) "Kennel" means an enclosure wherein dogs are
kept and froch they cannotescapedesignated for
that purpose.
(e) "Dos Warden" means any dog warden and his as-
sistants appointed under this article and in accordance
with sections 29-213. 8 of the Code of Virginia (1950)
as amended. -
("f) "Other Officer" includes sworn officers of the
town police department.
(g) "Treasurer" includes the treasurer pf this
county, his lawfully designated agent or other officer
designated by law to collect taxes for the county.
Sec. 4-8. Authority for dog warden.
In accordance with sections 29-213. 8 of the Code- of
Virginia (1950) , as amended, there is hereby created the
position of dog warden and provisions - made for the li- I/censing and regulation of dogs in this town. The dog
warden for the town shall be the dog warden appointed by
the county. The duties of the dog warden shall be those
provided for in sections 29-213. 8 of the State Code and
• such other duties as may be authorized and regularly per-
formed by the dog warden in the county.
Sec. 4-9-. Amount of Licenses.
It shall be unlawful for any person to own a dog six
months old or over in the town unless such dog is licensed,
as required by the provisions of this ordinance. Dog li-
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MINUTES OF JANUARY 11 , 1978 MEETING. X XXX
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censes shall run by the calendar; namely, from January 1
to December 31 , inclusive, and the license tax shall be
payable at the office of the treasurer and the license
fee amounts shall be identical• to those in effect in the
county:
Fertile Male $3.00
- Infertile or Spayed Female 3.00 -
Fertile Female 5.00
Infertile Male 3.00
Kennel, up to and including 20 dogs $15.00
Kennel, up to and including 50 dogs 25.00
Provided, however, that no license tax shall be levied
on any dog that is trained and serves as a guide dog.
Sec. 4-10. When license tax payable.
The ' license tax on dogs shall be due and payable as
follows :
(a) On or before January 1 and not later than
January 31 of each year, the owner of any dog six months
old or older shall pay a license tax as prescribed in the
preceding section.
(b) If a dog shall become six months of age or if
a dog over six, months of age unlicensed by this town
shall come into the possession of any person in this town
between January 1 and November ]. of any year, the license
tax for the current calendar year shall be paid forthwith
by the owner. -
(c) If a dog shall become six months: of age or if
a dog over six months of age unlicensed by this town
shall come into the possession of any person in this town
between October 31 and' December 31- of any year, the license
tax for the succeeding calendar year shall be paid forth-
with by the owner and such license shall protect the dog
from the date of payment of the license tax.
Sec. 4-11. Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to
appear before the judge of the general district court or
other court for failure to do so within the time required
shall not operate to relieve such owner from the: penalties
provided.
Sec. 4-12. The effect of a dog not wearing collar as
- evidence.
Any dog not wearing a collar bearing a license tag
of the proper calendar year shall prima facie be deemed
to be unlicensed, and in any proceedingsr this ordi-
nance the burden of_ proof of the fact "that the- dog has
been licensed, or is otherwise not required to bear a tag
at the time, shall be on the owner of the dog.
Sec. 4=13. How to obtain license. -
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' - Any town resident may Obtain a dog- license bylmaking
oral or written applicationlof the treasurer, accompanied
by the amount of the license tax- and certificate of rabies
vaccination; Such certificate of vaccination or innocula-
tion shall be signed by a licensed veterinarian certifying
that the dog for which the license is to- be issued- has been
vaccinated or innoculated by such veterinarian within a
period of 36 months with a modified live virus (Flury- Strain)
rabies vaccine orvaccinated- within a period of 12 months
with a killed (Phenolized) rabies vaccine. The certificate
shall show the date of innoculation, type of vaccine used
(whether modified live virus or killed virus) , the sex and
Oi ri• s
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• MINUTES OF JANUARY -11,- 1978 -MEETING.
breed of the dog and the name of• the owner. No certificate
or affidavit other than the above-described certificate or
a duplicate issued by a licensed veterinarian shall be ac&
cepted by the treasurer. The proper application for and is-
suance of licenses shall be in accordance with any rules or
procedures adopted by the county.
Sec. 4-14. What dog licenses shall consist of.
A dog license shall consist of a license receipt and
a metal tag in the style and design adopted by the Virginia
Commission of Game and Inland Fisheries. The tag shall be
stamped or otherwise permanently marked to show the name
of the county, sex of the dog, the calendar year for which
issued and the serial number. The license tag for a kennel
shall show the number of dogs authorized to be kept under
such license and have attached . thereto a metal identification
plate for each of such dogs, numbered to correspond with the
serial number of the licensed dog, except that-.a license tag
issued for a boarding kennel shall not have such metal identi-
fication plate attached.
•
Sec. 4.-15. - Duplicate license tags.
If the dog license shall become, lost, destroyed, or
stolen, the owner or custodian shall at once apply to the
treasurer who issued the same for a duplicate license tag,
presenting the original license receipt. Upon affidavit
of the owner or custodian before the treasurer that the
original license has been lost, destroyed or stolen, he
shall issue a duplicate license tag which the owner or
custodian shall immediately affix to the collar of the
dog. The treasurer shall endorse the number of the dupli-
cate and the date issued on the face of the original li-
cense receipt. The fee for a duplicate tag shall be $1.00.
Sec. 4-16.- Displaying receipts; dogs to tags.
Dog license receipts shall be carefully preserved by
the licensees and exhibited promptly on request for in-
spection by any dog warden or other officer. Dog license
tags shall be securely fastened to a substantial collar by
the owner or custodian and worn by such dog, and it shall
be unlawful for the owner to permit any licensed dog six
months old or over to run or roam at large at any time with-
out a license tax, except that when- engaged in lawful hunt-
ing, in the open season and accompanied by the owner or cus-
todian, the collar and tag may be temporarily- removed. The
owner of the dog may remove the collar and license tag re-
quired by this section (a) when the dog is engaged, in lawful
hunting, (b) when the dog is competing in a dog show, (c)
when the dog has a skin condition which would be exacerbated
by the wearing of a collar, (d) when the dog is confined, or
(e) when the dog is under the immediate control of its owner.
Sec. 4-17. Regulating kennel dogs.
The, owner of a kennel - shall securely fasten the license
tag to the kennel enclosure in full view and keep one of the
identification plates provided therewith attached to the collar
of each dog authorized to be kept enclosed in the kennel ; pro-
vided, however, that this requirement shall not apply to dogs
being temporarily boarded in a kennel, and not personally owned 'I
by the owner or operator of the kennel. Any identification
plates not so in use must be kept by the owner or custodian
and promptly shown to any dog warden or other officer upon
request. A kennel dog shall not be permitted to stray beyond
the limits of the enclosure but this shall not prohibit re-
moving dogs therefrom temporarilywhile under the control of
the owner or custodian for the purpose of exercising, hunt-
" ing, breeding, trial or show. A kennel shall not be operated
in such manner as to defraud the town of the license tax ap-
plying to dogs whichcannot -be legally covered thereunder or
to in any manner violate other provisions of this ordinance.
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MINUTES OF JANUARY 11, 1978 MEETING.
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Sec. 4-18. Licensed dogs deemed personal property.
All dogs shall be deemed personal property and may be
subject of larceny 'and malicious or unlawful trespass, and
the owners thereof may maintain any action for the killing
of any such dogs, or injury thereto, or unlawful detention -
or- use thereof as in the case of other personal property.
It shall be unlawful. for any person except the owner or
his authorized agent to administer poison to any. such dog
or to . expose poison where it may betaken by any such dog,
or to injure, disfigure, disable or kill any dog except
as. otherwise provided in this: ordinance. The owner- of any
dog• which is injured or killed contrary to the provisions
of this ordinance by any person. shall be entitled to recover
the value thereof or the damage. done thereto. in an- appro-
priate action atlaw from such. person. A dog wardem or other
officer finding a stolen dog, or a dog held or detained con-
trary to law, shall have authority to seize and hold- such
dog pending action before the general district or other
court. : If no • such action is instituted within five days,
the dog warden or other officer shall deliver the dog to
its owner. The presence of a. dog on the pranises of a
person other than its legal owner shall raise no presumption
of theft against the owner of - such, premises, and, the dog
warden-may take such.dog. in. charge• and notify its • legal
owner to claim him. The legal owner of the-, dog shall..pay
a reasonable charge to the county for the keep of - such dog
?a while in the possession of the -dog warden. , -
Sec. 4-19.-. Running at . large. -
. It shall be+ unlawful for-any • owner- to permit .his or her
dog to run at large as hereinafter defined. For the purpose
of this- article, a dog shall be deemed to run at large while
roaming, running or self hunting ,off. the' property of its
owner or cus•todian ,and not- under , its..owner' s..or custodian' s
immediate control . : It shall be the duty of the dog warden
or other..officer. to-.enforce. the provisions of this section
and any. owner. who, after. having .been .notified ,by any dog
warden or other-.officer..of the law- that his-.or..her dog is
running at large, permits said- dog: to run-.at- largeor remain
unconfined, unrestricted .or,.not penned up thereafter,.- shall
be deemed..to. have- violated the provisions of this .article.
Sec. 4-20. Dogs killing or . injuring. sheep or other -.
livestock. -
. IE. shall be . the duty- of any dog warden-.or other- officer
who. may- find. a dog. in . the act of killing- or. injuring, live-
stock. or .poultry. to kill such dog. forthwith whether -such
• dog ._bears a tag orinot, ,and any person finding,.a dog commit-
ting any of the depredations mentioned in this •section, shall
have the right to kill such dog on sight. The General Dis-
trict Court, or any other court of jurisdiction, shall have
the power to order the dog warden or other officer to kill
any dog known to be a confirmed poultry or livestock killer.
Any dog-.killing . fowl or- livestock for the- third time- shall
be .considered -a confirmed livestock or- poultry,killer. Any
dog .warden .or..other person- who has reason to believe -that
any-.dog is ,killing . livestock- or committing -any of • the- depre-
dations mentioned in this section, shall apply; to a magis-
,, trate who shall issue a warrant requiring the owner or cus-
todian, .if knowp, to .appear_before the judge of the general
district court at : the time and place named therein, at which
time evidence shall ,be .heard .and-.if it shall,appear ,that such
a,•dog is a livestock or poultry .killer, or ,has-committed any
of the deperdations mentioned.:in-,this- section, -.the dog shall
be. ordered. killed immediately, ;which the dog .warden, or other
officer.-designated by-.the judge- of the general ,district court
to act, shall do.
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MINUTES OF JANUARY 11, 1978 MEETING. _ . .
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Sec. 4-21. Compensation for livestock and poultry killed
• by dogs.
Any person who has any livestock or poultry killed or
injured by ary dog not his own shall be entitled to receive
from- the county as compensation the fair market value of
such livestock or poultry, provided. that: (a) the dog war-
- den or other officer shall have been notified of the- incident
within 72 hours of its discovery ; (b) the claimant has fur-
nished evidence within 60 days of discovery of the quantity
and value of the. dead or injured livestock and the reasons
the claimant believes. that death or injury was caused by a
dog; and (c) that- the dog warden has conducted- an investiga-
tion and that -his investigation supports the claim. If
there are not sufficient moneys in the dog fund to pay these
claims, they shall be paid in the order they- are received
when moneys become available. Upon payment under this
section, the county shall be subrogated to the right of
action of the owner of the livestock or poultry against
the owner of the dog, to the extent of compensation paid,
and may enforce the same in an appropriate action at law.
Sec. 4-22. Confinement and- disposition of stray dogs:
It. shall be the duty of. the dog warden- finding any
dog running at large to deliver , such dog to. a county dog
pound. Any such dog so confined shall be kept for a period
of not less than five days, unless sooner claimed by the
owner thereof, who in order to have the dog delivered to him
shall pay all costs, and the license fee on such. dog, _ if
not already paid. After five days, - such dog= may be 'humanely
destroyed, or disposed of by sale or gift to a federal agency,
state-supported institution, agency of the Commonwealth,
agency of another state, licensed federal dealer, or by
delivery to any local humane society, shelter or to any
resident ofthe county who will pay the required license
fee, if any, on the dog. Such delivery shall be with the
understanding that should the legal owner. thereafter claim
the dog and prove his ownership, he may recover such dog by
paying to the person to whom. it was delivered the amount of
the license fee paid by him and. a reasonable charge for the
keep of the dog while in his possession. Nothing contained
herein, shall prohibit the -destruction of a critically. in-
jured or critically ill dog for humane purposes.
Sec. 4-23. Disposal of dead dogs. •
The owner of any dog which has died from disease or
other cause shall forthwith cremate or-bury the same. If
the owner fails to do so, .after ,notice, the •dog warden or
other officer shall cremate or bury the dog and shall re-
cover on behalf of the county, from-the owner. its cost for
this service.
Sec. 4-24. Rabid dogs.
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It 'shall be the duty of any person having knowledge
of the existence of .an animal apparently-afflicted with
rabies .to report immediately to the Health Department, the
existence of such , animal, the place where the ,animal was
seen, the owner' s name, if known and the symptoms suggest-
ing rabies. '
Any dog bitten by an animal believed to be afflicted
with rabies , shall , be , destroyed .immediately or confined in
a pound, kennel or enclosure approved by the Health. Depart-
ment for a period not to exceed six months at the expense
of the owner; provided that if• the bitten dog has been
vaccinated against rabies..within-one year, •the dog shall
be revaccinated and confined to the premises of the owner
for thirty days. •
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MINUTES OF JANUARY 11 1978 MEETING. O 9
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At the discretion of the Director of the 'Health'Depart-
ment, ,any animal which has bitten a person shall be confined -
under competent observation for ten days, unless the animal
develops active symptoms of rabies or expires before that
time; provided that a seriously injured or sick animal may
be humanely euthanized and its head sent to the Health De-
partment for evaluation. -
The Director of the Health Department shall provide
treatment to any person bitten by a rabid animal within the
town.
' Sec. 4-25. Other unlawful acts.
(a) The following shall be unlawful acts. Any person
convicted by the General District Court of violating the
provisions of this section may be fined not more than one
hundred dollars - ($100. 00) and each day's violation shall
constitute a separate offense.
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(1) License application. - For any person to
make a false statement in order to secure a dog license
to which'he is not entitled. -
(2) License tax. - For any dog owner to fail to
pay the license tax required by this chapter before Febru-
ary first for the year in which it is due. . In addition, the
court may order confiscation 'and the proper disposition of
the dog.
(3) Diseased dogs. - For the owner of •any dog
with a contagious or infectious desease to permit such
dog to stray from his premise if such disease is known
to the owner.
(4) Removing collar and tag. - For any person,
except the owner or custodian, to remove a legally -acquired
license tag from a dog.
(5) Concealing a dog. - For any person to con-
ceal or harbor any dog on which the license tax has not
been paid; or to conceal a mad- dog to keep the same from
being killed.
(6) Dog noise. - For any person to own, possess
or harbor any dog of any age_which frequently or for con-
tinued -duration-howls, barks Si makes other sounds which
annoy or disturb a reasonable person or normal sensitivities
across a residential real property boundary or through a
partition common to two persons within a building.
(7 ) Dog odor. . - For any person who owns, pos-
sesses or harbors a dog to maintain such dog in a manner
which causes odor offensive to a reasonable person of normal
sensitivities across a real property boundary, or through a
partition common to two persons within a building.
(8) Complaints of violations of sections 4-25(6)
or 4-25(7 ) shall be referred to the town police department
for action. If,' after notification -by 'the police department,
any person owning, possessing or harboring a dog which is the
1 source of such complaint fails to correct the condition com-
plained of within a reasonable period of time a summons shall
be issued to such person.
(9) Any other violation of this article for which
specific penalty is not provided.
(b) Any person convicted by the General District Court
of presenting a false claim or receiving anymoneyon a false
claim under section 4-21 of this article may be punished by
a fine of not more than $1 , 000 or by imprisonment for not
more than 12 months; or by both such fine and imprisonment.
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,,. MINUTES OF JANUARY 11, 1978 MEETING.
Sec. 4-26. Distribution of fines. _
All ,fines collected from any person for violating any
provisions of this article except Section 4-25(6) and
4-25(7) , upon conviction thereof, shall be credited to the
general fund of the County of Loudoun .and deposited by the
treasurer.
SECTION II, Severability. Should any section, subsection,
sentence, clause or phrase of this ordinance be declared in'
valid by a court of competent jurisdiction, such decisions
shall not affect the validity of this ordinance in its en-
tirety
or of any part thereof, other than that so declared
to be invalid. This council hereby declares that it would
have adopted this ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION III. An emergency is declared and this ordinance shall
be effective upon its passage.
It was noted by Mr. Titus that his vote against this ordinance is
due to the fact that he felt it should not be an emergency ordinance.
Aye: .Councilmembers Bange, 'Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: ,Councilmember Titus.
78-1 - Resolution - Authorizing an Agreement with the County of
Loudoun to provide dog control and enforce-
ment services.
On motion of Mr. Cole, seconded by Mr. Herrell, the following
resolution was proposed and adopted by a vote of 6 to 1 :
RESOLVED by the "Council of the Town of Leesburg, Virginia,
as follows:
The Manager is authorized and directed to execute the dog
control and enforcement services agreement between the town
and the County of Loudoun;. said agreement being the -same as
attached with a memorandum to the Council dated December 16,
1977. The Clerk of Council shall attest the aforementioned
agreement on behalf of the town.
Aye: Councilmembers Bange, Cole, Herrell, Titus, ,Tolbert and
Mayor Newman.
Nay: Councilmember Rock.
Proposed resolution concerning the proposed Carrvale Well.
On motion of Mr. Bange, seconded- by Mr. Herrell, :a resp-- - c,
lution concerning the proposed Carrvale Well was proposed, however,
after lengthy discussion, it was, referred to the Workshop -session.
after its withdrawal by the makers of the motion.
78-2 - Resolution - Regarding Leesburg Country Club, Sections II and IV.
On motion of Mr. Titus, seconded by Mr. Rock, the following reso-
lution was proposed: -
WHEREAS, certain owners of developed subdivisions located in
the County of Loudoun but within the area of exclusive. sub-
division control exercised by "the town were not offered an
opportunity to apply for utility connections during the
general moratorium on new water and sewer connections ; and
WHEREAS , Leesburg Country Club Subdivision, Sections II and
IV, contain numerousbuildinglots of record; were approved
by the town as to lot size under the town subdivision ordi-
nance on the basis that public water and sewer service, was
available; the physical improvements including laterals to
each lot were installed in accordance with the town require-
ments ; approved by the town and accepted:
•
11
MINUTES OF JANUARY 11, 1978 MEETING. • • •
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows : •
SECTION I. Lots located outside the town which are within
subdivisions served now by- existing town water and sewer
facilities are hereby excluded from the moratorium on new
connections to the water and sewer- system imposed by a
resolution adopted January 28, 1976. Water and sewer taps
to such lots shall be available only as authorized. by regu-
lations of the Virginia Department of Health or the Water
Control Board, respectively. •
SECTION II. The extension of the town sewer and water sys-
tem into Leesburg Country Club, Section' IV,- is. approved
subject to the provision of-Chapters 15 and 19 of the. Town
Code and the followings -
(a) Sewer and water service connections to lots served
by the extensions shall be available only as author-
ized by regulations of the Virginia Department of
Health or the Water Control Board, respectively.
(b) Plans for public improvements for the subdivision
shall be re-submitted for review .to the Leesburg
Director of Engineering and shall be revised as
necessary to meet current town regulations and re-
quirements of the Director of Engineering.
(c) Cost estimates for public improvements for the sub-
division shall be re-submitted for review to the
Leesburg Director of Engineering and shall be re-
vised as necessary to reflect current construction
costs. •
(d) The developer of the subdivision shall execute utility
extension permit applications and agreements with the
' town "for: installation of- requiredpublic improvements.
(e) The developer of the -subdiviionshall provide cor-
porate surety bonds in amounts sufficient • to guaran-
tee completion of required public improvements.
• (f) The owner of the subdivision shall convey to the• Town
sof Leesburg,- free of defects or liens, Parcel "A"
and the 25 foot easement for water line and easement
for ingress and egress to serve Parcel—"A" as shown
on the-plat of: Leesburg• Country Club, . Section IV at
the time the bond required herein is presented.
(g) No priority or reservation- of future sewer or water
connections for Leesburg Country Club, Section IV,
is established or implied by this action.
1(h) The rights conferred"by' this Section-: are: assignable
by the present owners of Leesburg Country Club, Sec-
tion IV, only. if the terms- and conditions of this sec-
tion are contained in the contract for the sale of
any. or- all tots prior to installation: and acceptance
of. alLpublic -improvements ' and shall:be .in effect
q only: if all the conditions hereinabove: set forth are
.• fullymet prior to July 1 , 1979.
On motion of Mr. . Titus; :seconded by Mr: - Bange, : Council voted unani-
mously to amend subsection . (e) under Section II of the resolution
by adding the words "or other approved surety" on the second line
after the words "surety bonds" :
Aye: Councilmembers Bange, Cole, Herrel'l , Rock, : Titus, Tolbert
and -Mayor Newman. .:: . .
Nay: None. :?•
. .
12
MINUTES OF JANUARY 11, 1978 MEETING.
On motion of Mr. Titus, seconded by Mr. Cole, Council voted unani-
mously to amend the second paragraph of the resolution, second line,
after the word "numerous" to read residential building lots as set
forth- on duly approved subdivision Plats. recorded- among the land
records of Loudoun County, Virginia ',:. _ - •
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
. Nay: None.
The resolution, as amended, was, then unanimously adopted-and reads
as follows :
WHEREAS,. certain owners, of developed subdivisions located
in the- County of Loudoun but within the area ofexclusive
subdivision control exercised by the town were not- offered
an opportunity to apply for utility connections during the
general moratorium on new water and sewer connections; and
WHEREAS, Leesburg Country, Club. Subdiv_ision,_ Sections II and
IV, contain numerous residential building_ lots. as set forth
on duly approved subdivision plats recorded among the land
records of Loudoun County, Virginia; .were approved by. the
town as- to lot- size under the town subdivision ordinance
on the basis that public water and. sewer service was avail-
able; the physical improvements including Laterals to each
lot were installed in accordance. with the town:requirements ;
approved by the town and accepted:
THEREFORE, RESOLVED by the Council of the. Town of Leesburg,
Virginia,. as follows : . . -
SECTION I. Lots located outside the town which are within
' subdivisions served now by existing town water and sewer fa-
cilitiies -are hereby excluded from -the- moratorium on new con-
nections: to..-the water-and sewer. system imposed- by a resolution
adopted January 28, 1976." Water and sewer taps to such lots
shall be available only as authorized by regulations of the
Virginia Department of Health- or the Water Control Board, re-
spectively. •
SECTION II. The extension of the town sewer and water system
into Leesburg Country Club,. Section IV, is approved 'subject
to the. provision of , Chapters 15 and 19 of-.the Town Code and
, the following: : ,
(a) Sewer and water .service. connections to-_lots served by
, the..extensions shall be available only- as authorized
by regulations of the Virginia Department of Health
or the Water Control: Board, . respectively.
(b) Plans- for public -improvements for .the_ subdivision
shall .be re-submitted for review to the Leesburg Di-
rector of Engineering, and- shall be. revised as neces-
sary to meet current town ,regulations and requirements
of the Director of Engineering. -
•
(c) - Cost estimates for- public: improvements for the subdi-
. . vision shall be re-submitted for review. to. the Lees-
. burg Director of Engineering and shall: be revised as
necessary to, reflect current construction costs.
(d) The developer of the subdivision shall, execute utility
extension permit applications and agreements with the
town for installation of required public improvements.
(e) The developer of the subdivision shall provide corporate
surety bonds or other approved surety in amounts suffi-
cient to guarantee completion of required public improve-
ments.
(f) The owner of the subdivision shall convey to the Town
of Leesburg, free of defects or liens, Parcel "A" and
13
MINUTES- OF JANUARY -11;
_
the 25. foot easemEnt forwatet line and easement fon
ingress• and egress• to>.serve. Parcel "A" as shown on the
plat of Leesburg Country Club, Section IV at the time
the bond required herein is presented.
•(g) No priority or reservation of future sewer or water
connections for Leesburg Country Club, Section IV, is
established or implied by this action: •
(h) The rights conferred by this Section are assignable by
the present owners . of Leesburg Country Club, Section IV,
only if the terms and conditions of, this section are
contained in the contract for the sale of any or all
lots prior to installation and acceptance of all public
improvements and shall be in effect only if all the
conditions hereinabove set forth are fully met prior
to July 1 , 1979.
•
Aye: Councilmembers Bange, Cole; Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
•
78-3 - Resolution - Authorizing an offer to John C. Wright; et ux,
for. an easement required for construction of
water main' and authorizing the Town Attorney to
institute condemnation proceedings in the event
' the offer is refused.
Onmotion of. Mayor Newman, seconded by Mr. Tolbert; the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. John C. Wright, et ux, are hereby offered the -
sum of $500.00 cash for the water main- easement described
on the 'plathereafter referred .to . on condition that the
title to the lands affectedare free and clear of all de-
fects,' liens or• conditions which. could, inhibit:the use of
the area for the purposes intended; the: easement will be
conveyed according to the plat and description prepared
by Bengtson, DeBell & Elkin, Inc.-, Consulting Engineers,
by a good and proper deed with the usual waranties: of-
title; the closing of the transaction shall be within
thirty days : after written acceptance of: this offer and
the Wrights shall pay the grantor taxa
- - - t
SECTION II. In the event this offer is not accepted in
writing within five days from receipt, • the council hereby
declares that an essential public necessity exists for
the acquisition of the: easement. by condemnation and right
of early entry and does hereby authorize ,the town attorney
to file the requisite petition for condemnation and early
entry on behalf of the Town of Leesburg.
•
SECTION III. An appropriation: is :hereby:made . forithe . fiscal
year ending June 30, 1978 in the amount of $500.00 to Account
No. 500. 00. 805. . :
•
There was discussion wi•th•Mr; Wright -concerning this easement - he
has a- permit from the State: to drill a well on this same line and
expressed an interest in a mutual agreement whereby he might furnish
the water to the town or vice versa. The location of the line was
also discussed and Mr. -Wright was informed. that his property would
• be restored to. its normaL state. after construction of the line.
Mayor Newman stressed the fact that it is imperative for the Town
to have this easement and that an appraisal had been made - anything
else is an entirely -different :matter. . :The resolutionwas unanimously
adopted: t '•, - _ :•
Aye: . CouncilmembersiBange, Cole;:: Herrell; Rock; !Titus, Tolbert
and Mayor Newman. • . -
Nay: None.
14
MINUTES OF JANUARY 11, 1978 MEETING. . ; . .
78-4 -. ,Resolution -1.Grantingt ermission: to .civic. clubs and service
organizations to erect signs -in public rights-
- -
On motion of Mr. Bange, seconded by Mr. Cole, the following
resolution' was. proposed: . . . .
WHEREAS the. Civic Clubs and .Service Organizations have re-
quested the Town Council of the Town of Leesburg to allow
them to erect signs in: public rights-of-.way. for: display of
their,.individual signs: on: a single: signion, Route: 7 west and
Route 15 south;
. 1 .
RESOLVED.- by the• Council.•of the..Town -of Leesburg;, Virginia,
as follows: • . :.
The Civic Clubs and Service Organizations shall:be allowed
to erect said signs, with their placement, size, etc. be-
ing subject to approval by the Town Manager. and. Zoning Ad-
ministrator.
Mr. John Gibbs explained that these signs will be the same as those
already - in existence on Route -7 east and Route 15 north-. Also -dis-
cussed' was a time- limit for. this. project. : On motion of Mr. Titus,
seconded by.. Mr.• Herrell, Council,voted unanimously to ' amend the
last paragraph: by:•adding .'and,.this .project - shall be completed within
one year from the date of this resolution,
Aye: Councilmembers Bange,: Cole, <.Herrell, Rock, ' Titus, Tolbert
and Mayor Newman.
Nay: None.
The resolution, as amended, was then unanimously adopted and reads as
follows :
WHEREAS the Civic Clubs and Service Organizations have re-
quested the Town Council: of :the-• Town- of_ Leesburg:.to allow
them to erect signs in public. rights-of-way- for display of
their individual • signs on a single sign. on Route, 7 west and
Route 15• south; - -
RESOLVED by. the:.Council. of :the . Town. of -Leesburg,_.Virginia,
as follows.:; : •
• -.
The Civic Clubs and Service. Organizations shall be allowed
to erect said signs, with their placement, size., etc. . being
subject to approval by the Town Manager and Zoning Adminis-
trator, and this project shall be completed. within one year
from the date of this resolution.
Aye: . . Councilmembers:Bange,• Cole,. Herrell, .Rock; ;Titus, Tolbert
- and Mayor Newman. '
Nay: None.
.
Proposed resolution accepting yublic improvements, etc. re Andover •
Meadow Subdivision, Sections 1 and 2. . . .
On motion of Mr. Bange, seconded by Mr. Tolbert, a resolution
was proposed on the above. However, after some discussion concern-
ing the storm drainage •problem in front of •theCurryproperty, the
motion was withdrawn by the makers- and -the matter, was .ref erred back
to Workshop. .
. 78-5 - Resolution: - Accepting Deed of.,Easement':from Washington-Lee
Savings . and Loan. Association tor waterworks
. , improvements: 1 . * )
On motion of Mr. Herrell, seconded-<by Mr. Titus, the following
resolution was proposed and unanimously adopted:
. RESOLVED -by the Council: of the. Towniof. •Leesburg, Virginia,
as follows :
15
MINUTES OF JANUARY 11, 1978 MEETING.
The• Deed of Easement-made the 8th day of December, -1977,
by and between Washington-Lee Savings and' Loan Association .
and the Town of Leesburg, for the construction, reconstruc-
tion, maintenance, replacement or repair, use and .inspection
of water main or-mains, . including .necessary appurtenances,
over, across, through and under the land of the Grantors,
and- for a "temporary construction easement", contiguous
to the permanent easement during the original installation
of water main for any and all purposes related thereto,
which shall become null and void once construction is com-
pleted, is hereby accepted and the Mayor is. hereby author-
, ized to acknowledge the same on behalf of the Town.
Aye: Councilmembers Bange, Cole, Herrell, i .Rock, Titus, Tolbert
and Mayor Newman.
Nay: None: . . ..
78-6 - Resolution - Receiving and referring the application of
Tunis -H. and Doris W.-- Campbell for revision
of the Zoning- District Map to the-.Planning
Commission for public hearing and recommenda-
tion.
On motion of Mr. Rock, seconded by- Mr.- Cole, the following
resolution was proposed and adopted by a vote of 6 to- 1 abstention:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : - -
The application -of Tunis H. and -Doris W. Campbell, for •
revision of the zoning district--map, - assigned- Application
No. ZM-19, is received and referred to the Planning Commis-
sion for public hearing and recommendation- under Chapter 11,
Title 15. 1 of the Code of Virginia, 1950, as amended.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: - None,: . - .
Abstention: Councilmember Titus.- . --
78-7 - Resolution - Receiving and referring the application of
William S. and Charlotte D. Savopoulos for
• • • revision of the ZoningDistrict Maptothe
Planning Commission fr public hearing and
• - recommendation. •
On motion of Mr. Rock, seconded by Mr. Herrell,.; the- following
resolution was proposed and adopted by a vote of 6 to 1 :
RESOLVED. by the Council - of- the- Town• of Leesburg, Virginia,
as follows : - -The application of William S. and" Charlotte D.'' Sevopoulos
for revision of the zoning district map, assigned Applica-
tion No. ZM-20; is received and referred to the Planning
Commission for public hearing and" recommendation- under
Chapter 11,•: Title 15. 1- of the .Code of Virginia,-. 1950, as
amended.
Aye: .Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
_ Mayor Newman.. - • - -
Nay: Councilmeinber- Rock.
78-8 - Resolution - -Waiving business license requirements for Eugene •
Coates.
On:motion of Mr. Rock, seconded; by Mr. Tolbert, , the following
resolution was proposed and unanimously adopted: - .
WHEREAS, a• request has .been' received. from Mr. Eugene Coates,
a,disabled. Leesburg .resident,.. for waiver. of .business license
• requirements for selling rubber door mats : _ .
16
MINUTES OF JANUARY 11, 1978 MEETING. - - - -
RESOLVED_by the Council of- the''Town of= Leesburg; Virginia,
as followsi`
Section 17-68 of• the Town :Code• regarding- peddlers is waived
for Eugene Coates for theselling of rubber door mats.
Aye':- Councilmembers Bange,: Coie, Herrell, Rock, Titus, Tolbert
- and Mayor Newman, ' : . -
Nay: None.
78-9 - Resolution' - Making an: appropriation for fiscal' year 1977-78.
On motion of Mr. Cole, seconded by Mr. Herrell, the following
resolution was proposed' and' adopted- - by a''vote- of- 6 to 1: ' •
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
An appropriation is made= to-the•'following account for the
fiscal' year endings June` 30,•_-19.78 :-
Account No. and Name - Appropriation
10310.810 — Facilities Plan $= 955134
Aye: Councilmembers Bange, Cole, Herrell, Titus, Tolbert and
Mayor- Neiman. _ --
Nay: Councilmember Rock. -
78-10 - Resolution = Making appropriation- for fiscal year 1977-78.
On motion of Mr. Cole, -'seconded .by' M'r. Herrell;' the• following
' resolution was proposed"and unanimously adopted: - - '
RESOLVED by the Council of the Town of Leesburg, Virginia,
as-follows: . , _ _
An appropriation is made to the following account for the
fiscal year ending June.- 30:, 1978: • - - -
Account No. and Name ' - : - - ' Appropriation
10300i823' . Andover_Meadow: Well -' 'A $ 13, 000.00
Rock,
Aye: Councilmembers Bange, Col'e;' Herrell, /Titus, Tolbert and
Mayor Newman. _ - -
Nay: None.
Town Manager .Niccolls called Council ' s attention to the Sewer
and Water Rate'Study which was'distributed tonight. _ .Mayor•Newman
said a special workshop is scheduled for January- 30• at 7 : 30 in the
Town Office on this Study.
• _
• • .. : : : 3 -.11J5.:
Mr. Niccolls corrected the- misleadiing• statement in the Activity
Report concerning the_ redrill'ing_ of the Phillips-Nickels 'Well. Sydnor
is scheduling- this- work- now'and- should have their' rig- here' soon to
start this work - ' it should'be done' it• four months. - Their study is
on the way and the people conducting the study have• been' in Leesburg
two days so far. _ - to the-Town Code
The Clerk announced that Supplement-No. 3/has been received and
requested that Councilmembers bring their- books in for up-dating.
Mr. -Tolbert said -he isshillhaving- problems'-with the Highway
Department - he has more water than ever in his front yard.
Mr. Titus called• attention to the Sewer Plant -Report and stated
that, according tothis, there is not- too much- capacity left at the
Plant. Mr. Niccolls said there will be a recap of 1977 experience
at the Plant, along -with a. tabulation• of daily flows-, ' etc. ready
shortly - this will give a picture of available sewer capacity as
of December 31, 197-7: - - -
1 '
MINUTES OF JANUARY 11 , 1978 MEETING.
Mr. Cole said rock is badly needed along the shoulder. on Fair-
view Street, particularly in front of the next to last house in
the corporate limits - they can' t pull a car off of the road in
this . location. ' —
Mr. Range suggested that nb payment be made to the company who
supposedly trimmed the tree on Edwards Ferry Road. in' front of the
Mang residence - all they did was take out one branch and part of
another - the whole top of the tree ie dead and should be removed.
Mr. Titus also called attention to the fact that' the little tree
on Harrison Street at that corner needs to be removed for sight
II
distance.
Mr. Bange also suggested that Mr. Niccolls contact the owner
(Mr. Fred Hetzel)' of the old Carter property on this same corner
to see if he will dedicate about 3 feet of his property for turning
radius.
Mr.. Bange also asked that the Town crew- fill- up the holes on
Edwards Ferry Road as soon as possible.
On motion of Mayor Newman, seconded by Mr. Bange, Council voted
unanimously to go into executive session to discuss a personnel mat-
ter:
Aye: Councilmembers Bange, Cole, Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
On motion of Mr. Tolbert, seconded by Mr. Cole, Council voted
unanimously to reconvene at 9 : 38 P.M.':
Aye: Councilmembers Bange, Cole,' Herrell, Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
IIMr. Titus left the meeting at this time.
78-11 - Resolution - Setting salary fo'r Manager effective January 1,
1978 and making an appropriation therefor.
On motion of Mr. Herrell, seconded -by Mr. Bange, the following
resolution was proposed and adopted by a vote of 5 to 1 abstention:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The compensation for the Manager shall be at the rate of
_ $27, 552. 50 per year for and after January 1, 1978, and an
appropriation is made in the amount of $401. 25 to Account
No. 2010. 103 for the fiscal year ending June 30, 1978.
(It d i noted that thefigg}}}} s above are shown on Resolution No. - 78;...23a op : onCtlanEin'ie 13Er§'tanAe, Cole, Herrell, Tolbert and Mayor
Newman. .
Nay: None.
' Abstention: Councilmember Rock.
' On motion of Mr. Rock, seconded by Mr. Tolbert, the meeting was
adjourned at 9 : 42 P.M.
IV9, h ^.�
— �� yor
erk of t e Council .