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HomeMy Public PortalAbout1965_08_04SPEC 1_x.0 MINUTESS OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, AUGUST 4, 1965. A special meeting of the Leesburg Town Council was held in the Council Cham- bers , 12 W. Loudoun Street, Leesburg, Virginia on August 4, 1965. Mayor Kenneth Rollins called the meeting to order at 8:00 P.M. Councilmen present were C. Grey Dodd, C._ Maloy Fishback, Robert A. Orr and John W. Pumphrey, also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. Absent were Councilmen C. A. English Cole and Maurice R. Lowenbach, Jr. In the absence of the Clerk, James W. Ritter , Jr. was appointed Clerk Pro Tem. The Mayor read the Waiver of Notice of a Special Meeting and the attached Waiver was signed by all present. Also, a copy of the notice of said meeting mailed to all members of Council is attached hereto. 4 Town Attorney Goerge M. Martin presen Mand read in full Resolutions en- titled "Resolution authorizing the Issuance of $475,000.00 Public Improvement Bonds for the Town of Leesburg';' and "Directionto Clerk to PublishNotice of the t. Issuance of said Bonds. " On motion of Mr. Fishback, seconded by Mr. Dodd, the following resolution was unanimously adopted: RESOLUTION AUTHORIZING THE ISSUANCE OF $475,000 PUBLIC IMPROVEMENT BONDS OF THE TOWN OF LEESBURG WHEREAS, the Council of the Town of Leesburg has deemed it necessary to improve the storm sewerage system of the Town by the construction of storm sewers, culverts and drains, and it is deemed necessary to provide funds in the amount of 5351,500 pursuant to the provisions of the Public Finance Act of 1958 of Virginia for such purpose ; and • WHEREAS, the Council of the Town of Leesburg has deemed it necessary to acquire the parcel of land shown on the tax map of the Town as Lot Ido. 17, located on the north side of Loudoun Street between King Street and Wirt Street, for use by the Town to provide off-street automobile parking facilities, and as a site for a municipal building, and it is deemed necessary to provide funds in the amount of $56,000 pursuant to the provisions of the Public Finance Act of 1958 of Virginia for such purpose; and WHEREAS, the Council of the Town of Leesburg has deemed it necessary . to resurface the existing parcel of land used for off-street auto- mobile parking facilities located between Loudoun Street, Market Street _ • and Wirt Street in said Town, and it is deemed necessary to provide funds in the amount of $17,500 pursuant to the provisions of the Pub- lic Finance Act of 1958 of Virginia for such purpose ; and . WHEREAS, the Council of the Town of Leesburg has deemed it necessary to improve two public streets in the Town known as Lee-Davis Avenue and First and Wirt Street, and it is deemed necessary to provide funds in the amount of $30,000 pursuant to the provisions of the Public Fi- nance Act of 1958 of Virginia for such purpose ; and WHEREAS, the Council of the Town of Leesburg has deemed it necessary to improve the Leesburg Municipal Airport necessary for its use as an airport, and to acquire land for airport purposes and easements neces- . sary to provide unobstructed air space for said airport, and it is deemed necessary to provide funds in the amount of $20,000 pursuant to the provisions of the Public Finance_ Act of 1958 of Virginia for such purpose ; NOW, THEREFORE, • BE IT RESOLVED by the Council of the Town of Leesburg as follows: Section 1. In order to finance the cost of improving the storm sewerage system of the Town by the construction of storm sewers, culverts and drains, the cost of acquiring a parcel of land shown on the Tax Map of the Town as Lot No. 17, located on the north side of Loudoun Street be- f : tween King Street and Wirt Street for use by the Town to provide off- street automobile parking facilities and as a site for a municipal build- ing, the cost of re-surfacing the existing parcel of land used for off- , • street automobile parking facilities located between Loudoun Street, Mar- ket Street and Wirt Street in said Town, and the cost of the improvement • 121 MINUTES OF AUGUST 4, 1965 SPECIAL•MEETING. of two public streets •in the Town known as Lee-Davis Avenue and First and Wirt Street , and the cost of improving the Leesburg Municipal Air- port necessary for its use as an airport , and to acquire land for air- port purposes and easements necessary to provide unobstructed air space • for said airport, the Town of Leesburg shall issue , pursuant to the Public Finance Act of 1958 of Virginia, its bonds of the aggregate prin- cipal amount of $475,000. Section 2. Said bonds shall constitute a single issue of bonds and ! the bonds of such issue shall be deemed to be issued in the following amounts respectively for the following respective purposes: 1. Improvement of the storm sewerage System of the Town by the construction of storm sewers, culverts and draihs. $351,500. • 2. Acquisition of parcel of land shown on the tax map of the Town as Lot No. 17, located on the north side of Loudoun Street between King Street and Wirt Street,• for use by the • Town to provide off-street automobile park- • ing facilities and a site for a municipal 00 building. 56,000. 110 3. Re-surfacing of existing parcel of land used • for off-street automobile parking facilities CJ located between Loudoun Street , Market Street and Wirt Street in said Town. 17,500. 4. Improvement of two public streets in the Town known as Lee-Davis Avenue and First and Wirt Street. 30,000. 5. Improvement of Leesburg Municipal Airport necessary for its use as an airport, and . acquiring land for airport purposes and ease- 1 ments necessary to provide unobstructed air space for said airport. 20,000. Section 3. Each of said bonds shall be designated "Public Improvement Bond". Said bonds shall be numbered, shall mature in annual. install- ments and shall be dated as shall later be determined by the Council. Section 4. Said bonds shall bear interest at a rate or rates which shall not exceed 6% per annum and such interest shall be payable semi- annually as shall be later determined by the Council. The bonds shall be coupon bonds without privilege of registration. Section 5. Both principal of and interest on the bonds shall be pay- able at the principal office of the First & Merchants National Bank, in Richmond, Virginia, in any coin or currency of the United States of America which at the time of payment is legal tender for the Pay- ment of public and private debts. Section 6. The corporate seal of the Town shall be affixed to or im- pressed upon each of said bonds and each of said bonds shall be signed by the Mayor of the Town and shall be attested by the Clerk of Council, and each of the interest coupons representing the interest payable on such bonds shall be authenticated by the facsimile signatures of such Mayor and Clerk of Council. • S Section 7. Each of said bonds and each of the interest coupons thereto attached shall be in substantially the following form: (Form of Bond) No. No UNITED STATES OF AMERICA• COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN TOWN OF LEESBURG - PUBLIC IMPROVEMENT 30ND I22: MINUTES OF AUGUST 4, 1965 SPECIAL.MEETING. $5,000 $5,000 • The TOWN OF LEESBURG (hereinafter referred to as "Town") , a municipal corporation of the Commonwealth of Virginia, situated in the County of Loudoun, hereby acknowledges itself indebted and, • . for. value received, promises to pay to the bearer of this bond, the sum of FIVE THOUSAND DOLLARS ($5,000) on 1, 19 , and to pay interest thereon from the date of this bond until it shall mature at the rate of per centum ( %) per annum, payable semi-annually on 1 and 1 in each year , upon presentation . and. surrender of the annexed coupons. therefor , as they severally be- come due. Both principal of and interest on this bond will be paid at the principal office of the First & Merchants National Bank, in Richmond, Virginia, in any coin or currency of the United States of America which .atthe time of payment is legal tender for the payment of public and private debts. . This bond is one of an issue of bonds of like date and tenor, . except as to date of maturity and rate of interest, authorized by a resolution duly adopted by the Council of the Town on , 1965, and is issued pursuant to and in accordance with the Public Finance Act of 1958 of Virginia (Chapter 5 of Title 15.1 of the Code of Virginia, 1950) , to pay the cost of improving the storm . sewerage system of the Town. by the construction of storm sewers, cul- verts and drains, the cost of acquiring a parcel of land shown on the tax map of the Town as Lot No. 17, located on the north side of Loudoun Street between King Street and Wirt Street for use by the . Town to provide off-street automobile parking facilities and as a site for a municipal building, the cost of re-surfacing the exist- ing parcel of land used for off-street automobile parking facili- ties located between. Loudoun Street, Market Street and Wirt Street in said Town, and the cost of the improvement of two public streets in the Town known. as Lee-Davis Avenue and First and Wirt Street, and . the, cost of improving the Leesburg Municipal Airport necessary for its use as an airport, and to acquire land for airport purposes and easements necessary to provide unobstructed air space for said air- port. _ The full faith and credit of the Town are hereby pledged to the payment of the principal of and interest on this bond in accordance with its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the Commonwealth of Virginia to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the issue of bonds of which this is one, together with all other indebtedness' of the Town, is within every debt and other limit prescribed by the Constitution or statutes of the Commonwealth of Vir- ginia. • IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto or impressed hereon, and this bond to be signed by its Mayor and attested by its Clerk of Council, and the coupons hereto an- nexed to be authenticated by the facsimile signatures of its Mayor and Clerk of Council, and this bond to be dated 19_ Mayor ATTEST: Clerk of Council 123 MINUTES OF AUGUST 4, 1965 SPECIAL .MEETING. (Form of Coupon) No. S On the 1st day of , 19 , the TOWN OF LEESBURG, a municipal corporation of the Commonwealth of Virginia, situated in . the County of Loudoun, will pay to the bearer of this coupon DOLLARS ($ • at the princifia1 office of the First & Merchants National Bank in Rich- mond, Virginia, in a coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, being the interest then due on its Public Improve- ment Bond, dated - _ , 19_, No. Mayor QC) O Clerk of Council L.� . Section 8. The full faith and credit of the Town of Leesburg are hereby O pledged to the payment of the principal of and interest on said bonds, and an ad valorem tax shall be levied annually on all property subject to taxation by the Town for the payment of such principal and interest as the same shall become due and payable. Section 9. The Mayor and Clerk of Council are hereby authorized and di- rected to execute said bonds in accordance with their terms. On motion of Mr. Pumphrey, seconded by Mr. Dodd, the following resolution was adopted : WHEREAS, the Council has by a resolution duly adopted on August 4, 1965, provided for the .issuance of $475,000 Public Improvement Bonds described in the notice hereinafter set- forth and it is necessary, in order to com- ply with the provisions of the Public Finance Act of 1958 of Virginia, that the notice hereinafter set forth shall be published : NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg as follows : (1) The Clerk of Council is hereby directed to publish the following no- tice : NOTICE OF THE ISSUANCE OF BONDS OF THE TOWN OF LEESBURG PLEASE TAKE NOTICE that the Council of the Town of Leesburg has, by . a resolution duly adopted on August 4, 1965, pursuant to the Public Fi- nance Act of 1958 of Virginia, authorized the issuance of bonds of the Town of .Leesburg of the aggregate principal amount of $475,000, and that a certified copy of such resolution has been filed with the Circuit Court of Loudoun County, and that the Town of Leesburg will issue said bonds in the following amounts respectively for the following respective purposes : 1. Improvement of the storm sewerage system of the Town by the construction of storm sewers, culverts and drains. $351,500. 2. Acquisition of the parcel of land shown on the tax map . of the Town as Lot No. 17, located on the north side of Loudoun Street between King Street and Wirt Street , for U.Se by the Town to provide off-street automobile parking facilities and a site for a municipal building. 56,000. 3. Resurfacing of existing parcel of land used for off- street automobile parking facilities located between Loudoun Street, Market Street and Wirt Street in said Town. 17,500. 1_ 24: MINUTES OF AUGUST 4, 1965 SPECIAL .MEETING. 4. Improvement of two public streets in the Town known as Lee-Davis Avenue and First and Wirt Street. $ 30,000. 5. Improvement of Leesburg Municipal Airport necessary for its use as an airport, and acquiring land for airport purposes and easements necessary to provide unobstructed air space for said airport. 20,000. This notice is being published pursuant to Section 15.1-199 of said Public Finance Act of 1958 of Virginia. By order of the Council of the Town of Leesburg. 111 Dated : . August 4, 1965. • • Clerk of Council (2) The publication of said notice shall be made in Loudoun Times-Mirror, which is a newspaper having a general circulation in the Town of Leesburg. Mr. Reg Gheen of the Loudoun National Bank was present and expressed his interest in lending to the Town of Leesburg the $475,000.00 needed in connection with the above resolution. Mr. Gheen stated, however , he was not in a position at this time to come up with a firm offer, but would do so in a few days. The Mayor asked the Manager, upon receipt of the information from Mr. Gheen, to con- sider their offer, together with the offer of State Planters Bank and Trust Com- pany of Richmond. The Manager stated that he had contacted Mr. Osburn of Peoples National Bank of Leesburg, and Mr. Osburn had expressed no interest at this time in lending the Town this amount of money. On motion of Dr. Orr , seconded by Mr. Pumphrey, the following resolution was adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that a contract be awarded to Perry Engineering Company for the construe- .tion of Storm Drainage Project No. 1, known as Woodberry Road to Route 7, in accordance with their bid of 358,344.96, and on the same terms and :conditions as shown in specifications prepared by Walter • • L. Phillips, AND BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said construction contract on behalf of the Town, as shown in the specifications. On motion of Mr. Fishback, seconded by Dr. Orr, the following resolution was adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that a contract be awarded to Tri-County Asphalt Co. for the construction of Storm Drainage Project No. 2, known as Loudoun Street to Route 15, in accordance with their bid of $185,080.45, and also the two optional items as shown in bid, and -on the same terms and conditions as :shown in specifications prepared by Walter L. Phillips, AND BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to • execute said construction contract on behalf of the Town, as shown in the specifications. • • On motion of Mr. -Fishback, seconded by Dr. Orr, the following resolution was adopted: BE IT-RESOLVED by the -Town Council of the Town of Leesburg, that Robert Montgomery be hired as Engineer-Inspector on the Storm Drain- age Projects at a salary of 3170.00 per week, effective at such time as • ' the Town Manager deems necessary, and to perform such duties as the Town Manager will prescribe. 125* MINUTES OF AUGUST 4, 1965 SPECIAL MEETING. The acquisition of the Murray tract was discussed and the Town Manager was instructed to have the Airport Commission .to be present at the next regular Council meeting on August 11 to explain the reasons why the Murray tract was needed. • On motion of Dr. Orr, seconded by Mr. Fishback, the following resolution was adopted : BE ITT RESOLVED by the Town Council of the Town of Leesburg, that DECO Electronics be allowed to connect an 8" C. I. Pipe to the existing Town 8" Water Main at the corporate limit line on Fort Evans Road, to- ' gether with an 8" valve at the connection point, with the understanding that the valve shall remain in closed position until such time that the Town of Leesburg authorizes the extension of DECO's water line beyond the east side of the By-Pass, and further that the use of any water from this extension by DECO or any other customer shall be subject to Town Council approval. Mr. Alex F. McKenzie of Publishers Continental Sales was present and ad- dressed Council relative to the solicitor 's fee, which requires him to pay $5.00 .for_a 12-day period. Mr. McKenzie objected to the payment of this fee inasmuch as he and his .crew of salesmen are here only one day at a time over a several Cp months period. The matter was discussed and Dr. Orr told Mr. McKenzie that he IC would have his committee take this matter up for discussion on August 17th at 0 10:30 A.M. and have a recommendation of the Council at the following meeting. • nnThere being no further business, the meeting adjourned at 9 :25 P.M. Mayor Y • M C k of the u ncil Pn-Tem • 1 WAIVER OF NOTICE • OF SPECIAL MEETING AUGUST 4, 1965 We, the undersigned, being members of the Town Council of . he Town of Leesburg, in Virginia, do severally waive all statu- ory and Charter requirements as to notice of time, place and purpose of a Special Meeting of the Town Council and consent :hat the meeting shall be held in the Council Chambers of the 'own Council at 8 :00 P.I4. , Wednesday, August 4, 1965, for the 5urpose of considering the five items listed below: 1. Adopt resolution and supporting documents for the $475,000.00 Town of Leesburg, Virginia Public Improvement Bonds, • and such other resolutions as are required to obtain temporary financing; 2. To approve the bid contracts on the two storm drainage projects; • 3. Consideration of outstanding easements; 4. Authorization for employment of Engineer-Inspector for Storm Drainage Work; 5. Adopt resolution declaring the necessity for the ac- quisition of the Murray land for clear zone area for the Lees- burg Airport , and authorizing the institution of condemnation proceedings; -and any such other business as may come before said Cou 1. (19:401L K-nneth B. Rollins, '4ayor C. A. Kalish Cole 6? ad/ f / C. Gre Dodd obert A Orr C. Maloy ishback 3ohii W. 6 mphrey `/ TOWN OF LEESBURG • -IN VIRGINIA INCORPORATED 1758 LEESBURG. VIRGINIA August 2, 1965 Honorable Mayor and' T4eaberc of Council Town of Leesburg Leesburg, Virginia Gentlemen: • There will be a Call Meeting of the Leesburg Town Council on tednesday night, August 4, 1965 at 8:00 P.N. in the Council Chambers, in order to consider the five items listed below. . 1. Adopt resolution- and supporting documents for the 4475,000.00 Town of Loesburg, Virginia Public Improvement Bonds, and such other resolutions as are required to obtain temporary financing. 2. To approve the bid contracts on the two storm drainage: projects. 3. Consideration of outstanding; easements. ilililEJJJiii� 4. Authorization for employment of Engineer-2nnpector for Storm Drainage Work. 5. Adopt resolution declaring the necessity for the ac- \U`/ I quisition of the iurray land for clear :one area for the Lees- burg Airport, and authorizing the institution of condemnation proceedings. Yours very truly,. • JJaw- Ritter, Jr. Town Tanager JW&3r/dbr P.S. It is important that all members be present.