November 10, 1952 to December 10, 1952i
53
At the Regular Meeting of the Board of Supervisors of Frederick County,
Virginia, held in'the Supervisors' Room over the Clerk's Office on the 10th. day of November,1952.
P- R- E- S -E -N -T
C. Li. Rosenberger, Chairman: Paul Luttrell, B. 0. Brumback, C. E. Garber,
and Grover Teets.
r
were read and approved.
The minutes of the last meeting, held on the 13th, day of October, 1952,
REPORTS Larl Gather, Robert DeHaven, Earl Bailey, Dr. n. L. Lindall, I. Fred Stine
Harry L. McCann, B. D. Fleenor and Agnes Shirley.
Reports of Earl Cather, Game Y'arden; Robert DeHaven, Sheriff: Larl
Bailey, Commissioner of Revenue; Dr. A. L. Lindall, Health Unit,I. Fred Stine, County Agent;
Harry L. McCann, Treasurer; B. D. Fleenor, Road Engineer; and Agnes Shirley, Demonstration Agent;
were read and approved.
METERS
Upon motion duly seconded, the "Clerl. is ordered to order four parking
meters to be installed on the Fredericl. County Plaza.
G ALE WARDEN, RADIO
Upon motion duly seconded it is ordered that the Board appropriate Fifty
Dollars, part payment for a two way radio for the car of Fred W. Hottle, Game Warde, Edinburg,
Virginia.
JANITOR SALARY
Upon motion duly seconded, it is ordered that the Janitor's salary -be
increased from $120.00 per calendar month to $140.00 per CalendaP month beginning on the first
day of October, 1952.
ROADS - ABANDOPIA:I.NT
Upon motion duly seconded the following Resolution was passes:
BF. IT RLSOLVLD, that Section 1 of old location shown on sketch of Road
277, Proj.5534-01, laying outside of the right of way of the new location on the North (left)
side between Sta. 33 � 40 and Sta. 46 � 00 be abandoned.
BE IT FURTHER RESOLVED, that r;ection 2 of the old location between Station
117 f 00 and Station128 00 laying outside of the right of way of the new location on the South
(right) side be abandoned as a public road from the primary system, but be retained as part of
the right of way of new location.
BE IT E:LSO RESOLVED, that Section 3 of the old location between Station
221 f 20 and Station 231 � 50 laying on the outside of the right of way of the new location on
the North (left) side be abandoned.
ORDINANCE - SUB DIVISION
Whereas the Board of supervisors duly adopted an Ordinance for tie sub-
division of land in Frederick County, Virginia, onfhe 6th. day of Lay, 1952; and whereas said
Ordinance was duly accepted by the towns of t1iddletown and Stephens City and the City of ,,inches -
ter; and Whereas the Board of Supervisors amended said ordinance at their September, 1952, meeting
and said amendments were duly adopted by the town of Lliddletovwn and the City of Winchester, and
the town of Stephens City having for more than forty -five days remained silent, after having
received notice and a copy of the amended ordinance;
Upon notion of B. 0. Brumback, seconded by Grover Teets, it is hereby
duly ordered by the Board of Supervisors upon a unanimous vote that the Clerk of the Board
.54
publish the said Ordinance with its amendment in the Winchester Evening Star, a newspaper of
general circulation in Frederick County, Virginia, once a week for two consecutive weeks as
required by statute.
BIT LS PAYABLE:
Accounts totaling $5314.47 were approved and ordered to be
paid from the General County Levy by Warrants numbers 14064 to 14239, inclusive and Livestock,
Fowl Claims, and Earl Cather's salary totaling $556.20 were approved and ordered to be paid from
the Dog Fund by Warrants numbers 1295 to 1302 inclusive.
Upon motion duly seconded, it is ordered that the Board do
now adjourn.
Attest Clerk 25 IRYAN
I I
At the Regular Meeting of the Board of Supervisors of Fred-
erick County, Virginia held in the Supervisors' Room over the Clerk's Office on the 10th, day of
52.
P- R- E- S -E-N -T
C. M. Rosenberger, Chairman; Paul Luttrell,.Bc 0. Brumback,
C. E. Garber and Grover Teets.
The minutes of the last meeting, held on the 13th. day of
Nbvembex;,1952, were read and approved.
REPORTS
B. D. Fleenor, Earl Cather, Harry L. McCann, I. Fred Stine,
Agnes Shirley, John Wolfe, Mrs. A. W. Wright, Earl S. Bailey, Robert L. DeHaven.
Reports of B. D. Fleenor, Road Engineer; Earl Cather, Game i
Warden; Harry L. McCann, Treasurer; I. Fred Stine, County Agent; Agnes Shirley, Demonstration
Agent; John Wolfe, Assistant County Agent; Robert EeHaven, Sheriff; Mrs. A. W. Wright, Tubercu-
losis Association; were read and approved.
ACCOUNTS CHARGED OFF
Upon motion of B. 0. Brumback aid seconded by Grover Teets,
it is unanimously ordered that the Item of $2401.36, accounts viewable in the General Fund and
$4874.80, accounts viewable in the School Fund - total $7276.16 as shown by the audit report
for the year ending June 30, 1951, for the County of Frederick, Virginia, to be charged off.
AGREEMENT - CITY OF WINCHES
Upon motion of C. E. Garber and seconded. by Grover Teets,
fallowing agreement was entered into by and between the Board of Supervisors and the City of
the
Winchesters
THIS AGREEMENT made and dated this 8th, day of December, 1952
by and between the COUNTY OF FREDERICK, hereinafter called the County, party of the first part j
i
and the CITY OF WINCHESTER, VIRGINIA, hereinafter called the City, party of the second part.
WITNESSETH: That the party of the first part grants to the
City, the right to construct and maintain a storm sewer main on the property of the party of thel
first part, located at the southeast corner of Cameron and Boscawen Streets. Said storm sewer.
main shall begin at a point on the south property line of Boscawen Street,,47.75 feet from the
east curb line of Cameron Street, and on a line S. 25 06' E. Diagonally across the County lot
h
55
and the part recently leased by said County to the Cities Service 011 Company 132.3' to the north
wall of the Town Run, at a point 163 feet from the east curb line of Cameron Street.
The said party of the first part grants to the City the right to enter
upon said land at anytime to repair, maintain or replace said sewer main, subject to the covenant
of the City to pay reasonable damages caused to the said property, by repairing, maintaining,
replacing, or improper operation of said storm sewer main.
The party of the first part retains the right to use the surface over
said storm sewer main in such a manner as neither to injure nor interfere with the operation or
maintenance of said sewer main, except that no building or other structures shall be erected over
said sewer main except by mutual agreement between the parties hereto.
The party of the first part covenants that they have a good right to
convey the within described easement, that the same is free from all liens and encumbrances; and
that they will forever warrant and defend the title thereto.
COUNTY OF FREDERICK
f
Attest: LEE N_. WHITACRE, Clerk
ROBERT S'. BARBOUR (SEAL)
Clerk of the Conmon Council
STATE OF 'VIRGINIA
BY C. 11. ROSENBERGER (SEAL)
CITY OF WINCHESTER
BY S. L. GRANT (SEAL)
City Manager
COUNTY OF FREDERICK, TO -WIT:
County �-
I, Dorothy McRice, a Notary Public in and for the State and aforesaid
do hereby certify that C. M. Rosenberger and S. L. Grant, whose names are signed to the foregoing
writing, bearing date Dec. 8, 1952, personally appeared and acknowledged the same before me in my
State and County aforesaid.
DOROTHY McC. RICE
Notary Public
SHERIFF - FINGER PRINT KIT
My Commission expires on the 10 day of May, 1955.
Given under my hand this 8 day of Dec., 1952.
Upon motion duly seconded, Robert L. DeHaven, Sheriff of Frederick County
is ordered to purchase a Finger Print Kit No C -2 at, the price of „$14.9 for his own use.
CONTRACT - CITIES SERVICE AND THE BOARD OF SUPERVISORS
Upon motion the Clerk is, ordered ,to have -the contract between the Cities
Service and the Board of Supervisors recorded in the Corporation.Clerk's Office of he City of
Winchester.
BILLS PAYABLE
Accounts totaling $5986 were approved and ordered to be paid from
,the General County Fund by Warrants numbers 14240 to 14288 inclusive and Livestock, Fowl Claims
and Earl Cather's salary totaling $211.00 were approved and ordered to be paid from the Dog
Fund by Warrants numbers 1303 to 1304 inclusive.
SUB - DIVISION ORDINANCE
The following ordinance was adopted as advertised on the 10th. day of
November, 1952:
56
— —
- -� e. In any eubdlvlsion is where water and sewer connected to a
^ O RD IN AN CE I
municipality as aforesaid, the lots in said plat may be a minimum,
Notice If hereby given that the follOw•n Ordinance I.
size of Fifty .(59) feet frontage and One Hundred Twenty Five (125)
feet depth, but where sewer and water are not provided the minimum
as recorded lm Supervisors minute book No t page 40
size or said lots shall -be seventy Five (75) feet frontage and One
and 46 was adopted b the Board of Super visors of Fred-
p y p
Hundred Fifty (180) feet depth, or Eleven Thousand Two Hundred
Fifty (11,250) square feet with a minimum frontage of Fifty (50)
erick County, Virginia at their Regular meeting, held in
feet.
the Supervisors Room on the Toth da wf November, 1 52
p y i
7. In lieu o the s, or the i to grading, draining. sewer and
surfacing of Bald streets, or the installation of water and sewer mains,
,
both, other mains or lines by the owners Proprietors,
AN ORDINANCE FOR THE PURPOSE OF ADOPTING ART.T-
I and before re anal approval S u pe rviso rs of said plat, the Hoard of or
a
CLE IL CONTAINING SECTION 15 -779 THROUGH 15- 794.3,
i Its duly designated agent may accept bond from said id owners or
T rILE 15 OF THE CODE OF VIRGINIA FOR 1950 AND AS
proprietors, in an amount and with surety and conditions sa
AMENDED, PROVIDING CERTAIN' LOCAL REQUIREMENTS
tort' Beard said Be of Supervisors, which bond ma re the he said
FOR SUBDIVISIONS AND APPROVED PENALTIES FOR VIO-
Beard of Supervisors, actual cost of construction son and installation
d
LATION TRFREOF.
, T
an
of such Improvements and utilities within the period specified by said
WHE'REAA many areas of the County of Frederick adjacent to
Board of Supervisors.
8. Reinforced concrete markers or other similar permanent type
cities, towns and otherwise are being considered for purposes of sub-
of markers used by the Virginia Department of Highways and ap-
dlvislon and re- subdivision; and
WHEREAS it Is the interest of the citimus of the County of Fred-
proved by said Department must be permanently fixed in said sub -
division to mark the streets, alleys and property lines before approval
erick, as well as of the citizens of the cities and towns and Property
of said plat for recordation.
owners adjacent to said proposed subdivisions and existing subdivis-
9 Ali platA end subdivisions or re- subdivisions, shall be filed for
ions, that certain requirements and regulations be laid down for the
recordation within Sixty (60) days after final approval thereof, other -
harmonious and economic development of the cities, towns and
wise such approval shall be deemed to have been withdrawn and the
county, for the coordination planned within the subdivisions with oth-
.
plat marked void and returned to the Board of Supervisors.
er existing or planned streets In the subdivisions or of cities or towns
, 10. The word street shall include all streets, roads, parkways
adjacent thereto, for adequate open spaces for traffic, and for the
t and other thoroughfare, except alleys in the rear of lots.
health, safety. convenience and prosperity of said citizens:
I 11. The word subdivision shall mean the dividing of any piece
Now. therefore be it enacted.
I of land into three or more parcels of land of not more than three
ARTICLE I
acres each, within any period of Eighteen months; or the. changing
1. That all provisions in Article ri, Title 15 of the Code of Vir-
in any manner any other subdivision or plat previously approved or
ginia for 1950 as amended containing Sections 15 -779 through 15•
794.3 and known by title as the "Virginia Land Subdivision Act ", be,
recorded, either or both. Upon said division of land or change in
any subdivision or pL3t of record, a new plat together with a deed
and the same hereby is adopted by the Board of Supervisors of '_'red-
of dedication as -provided by Statute and this ordinance must be
erick County as the law of this County; and.
approved by the Board of Supervisors as'all other original subdivisions
ARTICLE II
- L Be it further enacted that the «ddth, grade, curb, drainage
and plats.
12. All alleys shall, wherever practicable, parallel all streets, and
and surface of all streets to be platted in the future must meet all
there shall be intersecting streets at least every Five Hundred Twenty
statutory and regulatory Provisions of the Code of Virginia and the
Eight (528) fast along every street, unless otherwise permitted by
Virginia Department of Highways, and must be constructed accord-
th Board of Supervisors of Frederick County, and all streets must
ingly, and approval In writing of said construction by the Resident
Frederick
have a minimum width of Fifty (50) feet from property line to prop -
Engineer of the Virginia Department of Highways of
I County must oe written on the face of said plat before final approv-
a ty line
13. No building Permits shall be granted in new subdivisions
s1 of said Plat by the Board of Supervisors.
2. All unimproved streets in subdivisions platted and recorded in
enactment o1 this ordinance rdinance by
created alter the final adoption the Commissioner of Revenue and the Board of Super have
the Clerk's Office of the Circuit Court of Frederick County, Virginia
granted final approval of the plat and the same is recorded In the
prior to the final adoption of this ordinance will not be recommended
Clerk's Office of the Circuit Court of Frederick Cminty, Virginia.
to be taken into the Secondary Highway System of the State of Vir-
14. All plats submitted for final approval shall be of the maxi -
ginia by the Hoard of Rupervisors until the owners and proprietors
of said lots. improved 7r unimproved, have so constructed and !m•
mum size of Sixteen (16) inches long-and Eight and one -half (8
inches wide.
proved said streets and obtained acknowledged certificates of approv-
from the Engineer of the Virginia Depart-
15. It is further ordered that the clerk of this Board shall send
this to the Common Council the City win
al of the same ,Resident
ment of Highways for Frederick County.
a copy of ordinance of of -
cheater, and the Councils of the towns of Stephens City and Middle -
3. No lots 'n proposed subdivisions not approved by the Board of
the thereof until
town, with a letter requesting their approval of the regulations con -
Supervisors are to be sold by owners and proprietors
said plats are approved by the Board of Supervisors and recorded in
tained herein.
16. Penalties for the violation of the Statutes of Virginia per -
the Clerk's Office of the Circuit Court of Frederick Countv Virginia.
plats for subdivisions must be submitted to the
taining hereto and the regulations- and requirements stated herein,
fir in Section the for
4. All proposed
Frederick County Hsaitb.. Unit, where its approval of the drainage
is provided 15 -794.1 of Code of Virginia 1950,
and the building permit ordinance of the County of Frederick adopt-
land grade of streets and the sire and location of lots for water and
and in accordance wnh prior ordinances requiring the
ad on the 6th day of May, 1952.
17. If any Section or part hereof of this ordinance is adjudged.
sewerage
"me; the approval of the Frederick County Health Unit by its Mg(6-
Sanitation Officer must be recorded on the face
to be unconstitutional, unlawful, void, or of no effect for any reason,
the thereof in full force
Seal Director ar,d
of the proposed plat, before final approval by the Board of Super-
remaining parts shall remain and effect.
Enacted this 8 day of September, 1952.
v1EO 5. That in all proposed subdivisions adjacent to the City of
C. M. Rosenberger, Chairman
Board of Supervisors of
Winchester or other proposed subdivisions adjacent to cities or towns
Frederick which provides sewer or water, or both,
Frederick County, Virginia
In the County of
the owners and
the c must install utility mains for water or
the case may may be, under the streets thereof, and
ATTEST:
Lee N. Whitacre. Clerk
l;
sewer, or both. as
installation must meet the requirements and approval in writing
(11-28; 12 -3 -2W �
such
on said Plat of the said municipalities before the approval of said Pint
by the Board 1)1 Supervisors
Upon motion duly seconded, it is ordered that the Board do now
adjourn.
Attest- &AA CLERK � --O- CHAIMAN
I
r•