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HomeMy Public PortalAbout1955_05_02SPEC 182 in Virginia from any sewercharges or sewer connecting charges now or hereafter assessed for the Town of Leesburg in Virginia. Upon motion of Reginal K. Gheen, seconded by Howard B. Gill, and unaminously carried the following resolution was adopted : BE IT RESOLVED, by the Council of the Town of Leesburg in Virginia, that Howard W. Vesey be and he is hereby employed as attorney for the bond issue at a fee of $ 2,500.00 plus out of pocket expenses to preform the necessary legal services for the compleation and acceptence of the proposed bond issues, and BE IT FURTHER RESOLVED, by the Council of the Town of. Lees- burg in Virginia that Howard W. Vesy be and he is hereby authoriz- ed and directed to employ for the Town of Leesburg in Virginia the Firm of Reed, Hoytt, Taylor, and Washburn of New York City - for the purpose of certifying the said bond procedings. There being no further business, upon motion duly made sec- ' onded and carryed Council adjourned. .411-14 4,44-al4 • 1P.Zst•-e-a..11,22, • Mayor. ' _ - Recorder. - SPECIAL - May 2, 1955 At a special meeting of the Mayor and the Council of the Town of Leesburg, in Virginia, held in the Council Chamber on Monday, May 2, 1955, at two o' clock, P. M. , there were 'present Maurice R. Lowenbach, Jr. , Mayor, George J. Durfey, Reginald K. Gheen, Howard B. Gill , Emmerson H. James , Frank Raflo and Morton - Riddle, III, Councilmen. • Due to the absence of the Recorder, and upon motion of George 'J. Durfey, seconded by Howard B. Gill, and unanimously carried, - • Frank Raflo was elected to serve as Recorder for the said meeting. Upon motion of Morton Riddle, III, second by George J. Durfey and unanimously carried, the following ordinance was adopted : 'An Ordinance providing for the issuance of General Obligation - Water and Sewer Revenue Bonds of the Town of Leesburg, in Virginia, in the sum of One Hundred Sixty Thousand Dollars (160,000.00) , for the construction of a water- storage reservoir; to obtain an adequate water supply; improvement of the water distribution and sewer system; and, the improvement and enlargement of the sewerage disposal plant of- said Town: WHEREAS, the Town of Leesburg, in Virginia, has definitely outgrown its water supply and water distribution and sewer system; - and, WHEREAS, service is maintained for residential and commercial consumers , with few interruptions under ordinary condtions, it is necessary, in order to provide such services , to cut off the water supply to said consumers for as much as eight and nine hours at a time in order to restore reserves in the existing storage reser- voir, which is totally inadequatetomaintain an uninterrupted and continuous supply of water, or to maintain a continuous --supply in case of an emergency; and, WHEREAS, the water storage facilities and the sewer system are totally inadequate to cope with the expanding requirements of use of water, or with emergencies and hazards , which the Town of Leesburg has fortunately been spared, and which, with our present facilities , a major,- fire could and probably would result in a - major catastrophe for the Town of Leesburg; and, . WHEREAS, the Council of the Town of Leesburg, in Virginia, has been advised by Perrow and Brockenbrough, consulting engineers 183 employed to make a study of. the water and ,sewer system, that it is practicable and feasible to construct a storage reservoir at a new location for the purpose of providing an additional and ade- quate supply. of water through the continuous use of the wells recently completed by the Town of Leesburg, in Virginia ; and, WHEREAS, the said engineers have made for the Town of Lees- burg a plat and survey for said projects and have submitted esti- mates of the cost of said work; and, WHEREAS , the Council of the Town of Leesburg, in Virginia, is of .the opinion that it is necessary and expedient to borrow money and issue General Obligation Water and Sewer Revenue Bonds for the purposes of constructing said storage reservoir and connecting same with the wells of the Town, and for improvement of the water- distribution system, and for the improvement and modernization of the existing- sewer system and disposal plant which the said engi- neers making said survey have certified are necessary and should accompany the acquisition of additional storage facilities and water supply; and, WHEREAS, the Council of the Town of Leesburg, in Virginia, is of the opinion that is is tothe best interest of the taxpayer of said Town to borrow money and issue bonds , which shall not be . sold at less than par for the purpose of raising funds to pay the • cost of said storage reservoir, additional water supply and improve- • ment of water distribution and sewerage system; and, WHEREAS, the Council of the said Town proposes to issue General Obligation Water and Sewer Revenue Bonds , which shall be serial coupon bonds with interest payable semi-annually, said bonds to be callable at par at any interest payment date on or after October 1, 1966, and to mature over a period of Twenty-five - (25) years on October 1st of each year as follows : • 1956 $ 4,000.00 1969 $ 7,000.00 ' 1957 4,000.00 1970 7,000.00 1958 4,000.00 1971 8,000.00 • 1959 • 4,000.00 - 1972 8,000.00 1960 4,000.00 1973 8,000.00 1961 , 5,000.00 1974 8,000.00 1962 5,000.00 1975 8,000.00 1963 • 5,000.00 1976 8,000.00 1964 - 5,000.00 1977 8,000.00 1965 5,000.00 1978 8,000.00 1966 7,000.00 1979 8,000.00. 1967 7,000.00 1980. 8,000.00 1968 ' 7,000.00 and, WHEREAS, under the provisions Of Section 127 (b) of the Con- - stitution and the statutes of the Commonwealth of Virginia, the said Town of Leesburg, in Virginia, is authorized to issue its General Obligation Water and Sewer Revenue Bonds payable from the revenue of its water and sewer tax system and ad valorem taxes, • NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Leesburg, in Virginia, as follows : ( 1)a That it is deemed necessary and expedient for the Town of Leesburg, in Virginia, to borrow the sum of One Hundred Sixty Thousand Dollars ($160,000.00) for the. purpose of obtaining the necessary- funds to obtain a supply of water andother specific undertakings from which the Town of Leesburg will derive revenues, and ;in particular, to_,construct a water storage reservoir at a cost- not to exceed Ninety Thousand Dollars ($90,000.00) , in order to obtain and maintain an adequate supply of water; and, to pro- vide for additions-.to, and the rearrangement of the water distri- bution- system at a cost not to exceed Ten Thousand Dollars ($10,000.00) ;. and, for additions to the present sewerage system and sewerage treatment plant, including pumps , tanks and addit- ional connecting and circulating sewer mains at a cost not to exceed Fifty Thousand Dollars ($50,000.00) ; and, tb provide for 184 • necessary funds to acquire the necessary plant sites , easements and rights-of-way, engineering, inspection and legal expenses in- cident to the construction of this proposed specific undertaking at a cost not to exceed Ten Thousand Dollars ( 410,000.00) ; and, to issue General Obligation Water and Sewer Revenue Bonds of the Town of Leesburg, in Virginia, pursuant to the provisions and limitations of Subsection (b ) of Section 127 of the Constitution - of the Commonwealth of Virginia, subject to the approval of the majority of the qualified voters voting upon this proposal, in order that said Town of Leesburg, in Virginia, may borrow said sum of One Hundred Sixty Thousand Dollars (4160,000.00) to pay the costs of said project as herein set forth. (1)b That it is deemed necessary and it is the intend- ment of the Town of Leesburg, in Virginia , that the specific • undertaking set forth hereinabove in this paragraph is essential - and nnessary in order to provide for a supply of water and the necessary sewer system and sewerage treatment plant, which said specific undertaking will provide ample and sufficient revenue from water and sewer taxes and fees to provide for the orderly payment of the costs of said undertakings , including interest on money borrowed, within a period not to exceed Twenty-six (26) years . The costs of said specific undertaking as herein set forth in sub-paragraph (a) hereinabove are based gppn the estimates ' contained and set forth in the .Report Covering Wetter Supply, Water Distribution, Sewerage System and Dewerage Treatment Plant For The Town of Leesburg, Loudoun County, Virginia, prepared and sub- mitted to the Town of Leesburg, in Virginia, by Perrow andBrocken- brough, Consulting Engineers for the Town of Leesburg,, Virginia, under date of March 19, 1955, which said report is incorporated herein by reference, and which specifically sets forth the re- sults of a complete and detailed study of the water supply, water distribution, sewerage system and sewerage treatment plant of the. Town of Leesburg, in Virginia, and the necessity for going for- ward immediately with the specific undertaking herein referred to. Said revenue from water and sewer taxes shall be deposited, accounted for, and paid out in accordance-with the -provisions of Section 615 -of-Chapter 19 of Title 15 of--the--Code of Virginia, 1950„ as -amended.- - ----- -- - -- ------- . (2)---That-Howard W.. Vesey, Attorney-,--Leesburg-, Virginia, be, • * and he hereby is selected, appointed, authorized--and instructed to represent -the -Town of Leesburg, in Virginia-,--as--its attorney and he hereby--is--authorized, instructed -and-directed- to prepare all the necessary -notices , petitions„ ordi-nances-,--order and other - papers for--the--purpose of submitting the-quest-ion-or proposal to the qualified voters of said Town to raise--the--necessary funds with which to pay the costs of said project. (3) That Howard W. Vesey, Attorney for said Town, be, and he hereby is authorized, instructed and directed to institute and prosecute the necessary proceedings in the Circuit Court of Loudoun County, Virginia, for the purpose of calling and holding a special election to• submit to the qualified voters of said Town a proposal . for a bond issue to borrow the sum of One Hundred Sixty Thousand Dollars (4160,000.00) for the purpose of raising funds or money to pay the costs of said project. • (4) That subject to the approval of the necessary number of qualified voters of said Town voting in the election hereby requested the borrowing of the -sum of One Hundred Sixty Thousand Dollars (4160,000.00) and tha issuing of bonds of said sum for 111 the purpose of raising the necessary funds with which to construct an additional water storage reservoir and to obtain an adequate supply of water, and to improve the water distribution system and sewerage system, be, and the same hereby is authorized. (5 ) That the Town of Leesburg, in Virginia, shall issue General Obligation Water and Sewer Revenue Bonds for the sum of One Hundred Sixty Thousand Dollars ( 4160,000.00) , series of 1955, - to be dated October 1, 1955, and there are to be one hundred sixty (160) bonds , numbered from one (1) to one hundred sixty (160) , both inclusive , all of Which bonds are to be of the denomination of One Thousand Dollars (41,000.00) each, and all of said bonds 1'85 shall bear interest at a rate not to exceed Three Per Centum (3%) per annum, with interest payable on the 1st day of April, 1956, and semi-annually thereafter on the lst day of October and April • in each year until maturity, and shall be serial coupon bonds maturing over a period of twenty-five (25) years on October lst of each of the. years as follows : • 1956 $ 4,000.00 1969 $ 7,000.00 1957 . 4,000.00 1970 7,000.00 1958 4,000.00 1971 8,000.00 1959 4,000.00 1972 8,000.00 1960 4,000.00 1973 8,000.00 1961 5,000.00 1974 8,000.00 1962 5,000.00 1975 8,000.00 1963 5,000.00 1976 8;000.00 1964 5,000.00 . 1977 8,000.00 1965 5,000.00 1978 8,000.00 1966 7,000.00 1979 8,000.00 . 1967 . 7,000.00 1980 8,000.00 . 1968 7,000.00 . (6 ) .That said bonds shall contain a clause permitting same to be called at par and paid at any interest payment date after 10 years fom the date of their issuance; the said bonds and the interest t neon shall be pa able at The Loudoun National Bank of - Leesburg, Le sburg, Virginia; the holder shall have the option of registering said bonds as to principal only ; all of said bonds shall be exempt from taxes by the Town of Leesburg, in Virginia, and shall be signed by the Mayor and attested by the Recorder of .the Town of Leesburg, in Virginia, with the seal of said Town af- .fixed and coupons shall bear date as of October 1, 1955,. and the funds derived from the sale thereof shall be used for the purpose • . of constructing an additional water storage reservoir and to obtain an adecuate supply of water, and to improve the water dis- tribution system and sewerage system and sewerage disposal plant - of the said Town. II .(7) That Howard W. Vesey, Attorney, Leesburg, Virginia, be, and he hereby is selected as attorney for the Town of Leesburg, in Virginia, to obtain and furnish - from the firm of Reed , Hoyt, Tay- • for and Washburn, 52 Wall Street, New York 5, New York, an opin- ion as to the validity of the said General Obligation Water and Sewer -Revenue Bonds. • (8) That Howard W. Vesey, attorney, hereby is authorized, directed, requested and instructed to present a certified copy -of this ordinance to the Circuit Court of Loudoun County, Virginia, or the Judge thereof in vacation, and request the said Court or . Judge thereof to enter the necessary orders directing and empower- ing the proper election officials to take such steps and prepare such means as may be required to submit to the qualified voters of the Town of Leesburg, in Virginia, at a special or general election, the question or proposal as to whether or not the said General Obligation Water and Sewer Revenue Bonds hereinabove authorized shall be issued, and Howard W. Vesey, attorney, shall further request the Court to enter such orders as may be proper or necessary to give_ due publicity to said election. (9) That said bonds shall be issued under the provisions of Sub-section (b) , Section 127 of the Constitution of Virginia, •-c and are not to be included within the otherwise- authorized indebt- ' II edness of the Town of Leesburg, in Virginia. (10) That this ordinance shall be effective from its passage. • • /S/ Maurice R: Lowenbach - Mayor • /S/ Horace M. Hallett Recorder ( (SEAL) ) I , Maurice R. Lowenbach, do hereby certify that HORACE M. 186 HALLETT was and is the duly elected Recorder of the Town of Lees- . burg,. in Virginia, and has duly qualified as said Recorder. /S/ Maurice R. Lowenbach Maurice R. Lowenbach, Mayor of the Town of Leesburg, in -•- Virginia - I, -Horace M. Hallett, do hereby certify that MAURCIE R. LOWENBACH,-wa:s and is the duly elected Mayor of the Town of Lees- burg, in-Virginia, and I do further certify that thefbregoing ordinance--was unanimously adopted at a duly called meeting of the Town Council of the Town of .Leesburg, in Virginia, held on May 2, 1955, at 2 o'-clock P. M. .at the office of the Town Hall, corner of King and Loudoun Street, and I do further certify that all of the members of theTown Council were present and voted for said .ordi-nance, the same being George J. Durfey, Reginald K. Gheen, Howard B. Gill, Emerson James , Frank Raflo -and-Mortion Riddle, III. WITNESS my hand and seal this 2nd day of May, 1955. /S/ Horace M. Hallett (SEAL) Horace M. Hallett, Recorder of the Town of Leesburg, in Virginia Upon motion of Howard B. Gill seconded by Morton Riddle, III, and unanimously carried, the following resolution was adopted. WHEREAS, the plans andspecifications prepared by Messrs. Perrow and Brockenbrough, Consulting Engineers of the Town of Leesburg, in Virginia, for the construction of a proposed water storage reservoir to provide for additions to, and the rearrange- ment of the water distribution system and for additions to the present sewerage system and sewerage ,treatment plant for the . Town of Leesburg, in Virginia, show that it will be necessary for the Town to acquire certain properties and easements before the said water storage reservoir can be constructed ; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that Howard W. Vesey, Town Attorney, be, and heherebyis authorized, instructed and directed to communi- cate and negotiate with the owners of property or properties which will have to be purchased, and the easements and rights- of-way which it will be necessary to acquire over and through certain properties for the purpose of determining the cost of said property or properties and easements and rights-of-way, and report to the Council as soon as it is convenient to do so. There being no -further business upon motion duly made, seconded and carried Council adjourned. 10 Mayor g�e/y7'-E Re order REGULAR May 9, 1955 At a regular meeting of the Mayor and Council of the Town of Leesburg in Virginia, held in the Council Chamber on Monday May 9, 1955, there were present Maurice R. Lowenbach, Jr; Mayor Horace M. Hallett, Recorder, George J. Durfey, Reginald K. Gheen Emmerson H. James, Howard B. Gill, Frank Raflo, and Morton Riddle, 111, Councilmen. The minutes of the regular meeting of April, 11, and the species meetings of April, 25, and May, 2, 1955 were read and unoon motion duly made seconded and carried were approved as read with the following admendment; WHEREAS, the minutes of the regular meeting of April, 11,1955 were : Upon motion of Reginald K. Gheen, seconded by Howard B. Gill,