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HomeMy Public PortalAbout1967_02_23 19 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, FEBRUARY 23, 1967. A regular meeting of the Leesburg Town Council was held in' the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia on February 23, 1967. The meeting was called to order by the Mayor with a prayer. Those present were Mayor Kenneth B.• Rollins, Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and John W. Pumphrey; also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. 'Absent from • the meeting was Councilman Robert A. Orr. • • The Minutes of the meeting of February 8, 1967 were approved' as written. • Town Manager Ritter reported the following: • (1) Regarding th'e letter read at the Council meeting of January 25 from a Mr. Hutchins, complaining about the attitude of the people at the Airport and not beibg able to rent a plane , Mr. Ritter investigated and found that Mr. Hutchins is an employee of the Reuben Donnelly Corporation of Richmond and wrote to him, apologizing for this and asked if there was anything we could do to improve the situation. No answer has been received from Mr. Hutchins. Mr. Lowe , Manager at the Airport , said that the planes were being serviced in accordance with FAA instructions and that he had not received any report of poor service. Cq He said that Mr. Hutchins rented a plane the next day and has rented them several N times since. • Mr. Ritter also reported , in connection with the Airport, that Colgan Air- O ways of Manassas is interested in leasing about 8 acres at the Airport and has submitted a proposed lease. In that lease , they listed the Airport Commission, so it has been sent back them to be corrected and they have been asked to mail it back after' making that deletion. Mayor Rollins asked that this lease be re- ferred to Mr. Murray and his committee when the corrected lease is received. • (2) There will be a Public Hearing at the County Office Building before the County Planning Commission on Tuesday, February 28th, at which time the Town will be seeking a commission permit for the building of the new plant , the interceptor line and the extension of our water line down Route 7 to the plant. He said he has had several meetings with these people in order to be sure that everything is lined up, but he is still not sure that everything is in order. Regarding the extension of the water line , the County has taken the po- sition that, inasmuch as it will be in the County, they will have the right to approve any future connections to this line. A letter regarding this is to be written to the Town by the County and this may come up at the hearing. Also, the issue of the Council of Governments has been brought into this matter, bue he said he believed we were under the wire on this. This Council _consists of various government agencies in Virginia,' of which Loudoun County is a member. This Council entered into an agreement whereby all members would either connect to the Dulles Interceptor Sewer or else build a holding pond. They do not like the fact that Leesburg is being allowed to build its own plant and not being required to build a holding pond. Mr. Turner is handling this with the Water Control Board to find out why we do not have to abide with these laws, especially since Hamilton and Waterford will be required to build holding pohds. He has received no answer yet , but hopes to by Tuesday. The County is looking at this from the viewpoint that we are sizing this line in order to be able to connect people outside the corporate limits, and they are thinking about the time that we may annex this area. Every foot of line that we have outside the corporate limits will lessen their chances of procuring these prospective residents on their lines. Mr. Ritter stressed the fact that he thinks it is most important that all Council members be present for this Public Hearing next Tuesday night. Johnson and Williams will be present to answer any questions that might arise and we don ' t want to take any chance on not getting this commission permit. • (3) The letter of offer to Mr. Kincaid for the 29-acre tract and the ease- , ment for the 30-foot access road was received by Mr. Kincaid on February 13th and no final answer has been received from him yet, although time is running out. A letter was received from his attorney, Mr. William W. Nickels, asking ti several questions and a letter was written in •reply to this on February 18th. (4) Mr. Ritter said that he has a map on Potters Field, which might clarify the areas in question to be discussed tonight. '20 • MINUTES OF FEBRUARY 23, 1967 MEETING. (5) Mr. Ritter said he had just received a letter today, setting forth - the specifications and price schedules on the 1967 Police cars, they will be Ply- mouths. He said the committee has not had time to discuss this, but suggested that we get our letter of request in as quickly as possible. He pointed out that this is a heavy-duty car and has a spotlight , which we need , the price being $1,763.02. An amount of $1 ,800.00 has been set up in the Budget for a new Police • car, but has not yet been appropriated. The present Plymouth has just tripped 100,000 miles. He also pointed out that 3 years ago we did not get our request in in time. Mayor Rollins reported that he had talked with Mr. Kincaid and he believes Mr. Kincaid is thinking about accepting our offer, however, he has several questions he would like to go over with the committee. Mr. Rollins asked that the Utility Committee meet with Mr. Kincaid at 3 :00 P.M. next Tuesday and that Mr. Ritter ask Johnson and Williams to be here at that time also. Mayor Rollins also reported that he had talked with Mr. Alberts about his easement and that he could see no hold-up on this. ' Mr. Martin reported' that the Fire Company easement has been secured. Mr. Rollins presented at this time a letter from Mr. Arthur Godfrey, said letter to be filed in these minutes. Mayor Rollins also said that Mr. Fishback had talked with an architect in Middleburg about the possibility of designing a new Town Office Building and asked him to report on this. Mr. Fishback said he had talked with Mr. Dew and asked him on what basis he would consider this type of project. He said he would do it on 6 per cent commission if he did the whole thing and oversaw the work. If he just drew up the plans , he would do it one of two ways, either by the hour or on a sliding scale , depending on how much of the work he did. If he did all but the supervision, it would be at 41 per cent, and the other 134 per cent would be for supervision of the project. This would not include any survey of the property. Mr . Dew said he would be glad to meet with the Council and discuss this. Mr. Fishback said that he believes him to be one of the best architects of colonial type structures in this area, he having designed seve- ral colonial structures in the Middleburg area. Mayor Rollins said he believed Council should decide whether they would be interested in talking to him. Dis- cussion followed, in which Councilman Lowenbach asked what had happened to the Post Office Building. Mr. Rollins said he had heard nothing more regarding this and that the Federal Government would have first choice on the old Post Office Building, if they did not wish to use it , then the Town would have first option - of buying it at the appraised value. Councilman Fishback said he believed we would be better off to plan a building that would fit our needs. A location for a proposed Town Office Building was discussed and it was pointed out that it could be built on the land presently owned by the Town , perhaps next door to the present building. Mayor Rollins asked that Mr. Dew be invited to come to the meetingTon March 8th and discuss this matter with Council. Mr. George Hammerly addressed Council regarding the conditions existing at - the Airport. He said the place is a mess, that gasoline can be bought off. and on and that you can ' t get any service. He said there were going to be real prob- lems if something wasn 't done to clean it up and that he thought it a disgrace to the County and to the Town. He said they were asked to service the planes tote ' picked up by the Bank and they would not even give any estimates. He also said that - they have advertised for sale items belonging to the Town, items that were paid for by Mr . Godfrey, by Federal and Town funds, and other personal property that had been donated by individuals, all of which did not belong to Chantilly Avia- tion. Mr. Hammerly said he thought the Council should cancel the present lease with Chantilly, and put it out for bids again, and that he was prepared to operate the field in the interim period. He said he understood that Mr. George Martin says there is no reason why the Council can 't do something about the situation. Councilman Pumphrey asked Mr. Ritter if any of these things have . been brought to his attention. Mr . Ritter said that he knew the cable"needed to be ahchored down, that we have had a lot of high winds lately. Mr. Hammerly said that planes had been damaged from blowing around because they were not tied down properly. Mr. Ritter said that he had been advised that gas was available. Mr. Hammerly said he could buy 100 octane gas at times, but that he did not buy any gas from them, that they do not treat people right. He said the only time they cleaned up out there when the Commission was in existence was when they got on 2 , • MINUTES OF FEBRUARY 23, 1967 MEETING. their back. Mr. Ritter said he believed that when the Sheriff 's sale goes under the hammer that this will put them out of business. Mr. Hammerly said they are already out of business and that they are levying on items that belong to the Town. He said this situation could be cleared up very quickly by cancelling / their lease in a 15-day period, tell them to move out and put in an interim operator. Mr. Ritter said he had talked to various flyers and they don 't seem to have any complaints. He said he had talked to Jim Truxel , President of the Leesburg Flying Club, and that he said, under the conditions, it is as good as can be expected. He said the cattle was not satisfactory. Mr. Ritter said T-hangars are to be constructed soon by Blue Ridge , that they think they have t financial arrangements made to start on T-hangars. 'Mr. Hammerly asked if Mr. Ritter had heard any complaint from Mr. Lee Johnson. Mr. Ritter said he had talked by phone with Mr. Johnson and that Mr. Bob Lowe says this agreement was between VanGulick and Johnson. Mr. Hammerly said that he has records that show this plane was bought from Chantilly Aviation, that Bob Lowe was not even con- nected with Chantilly when this happened. Mr: Hammerly said that the Town was going to end up with an Airport that is a "dog"; that nobody will invest in it without it being operated by a good operator. Discussion between Mr. Hammerly and Mr. Cole followed. Mayor Rollins said he believes this would have to wait for the suit to be cleared up between Mr. Zebley and Mr. VanGulick. NMr. Cole asked if Blue Ridge Aircraft has paid their rent. Mr. Ritter said C3 they have. U V Mr. Cole commented that Mr. J. Gordon Bennett says you will now pay 4 per cent for your loan on bond sales. Councilman Fishback asked , with regard to the sewage treatment plant com- mission permit, if the Planning Commission has to recommend to the Board of Supervisors. He was advised that it had to be approved by the Planning Com- mission only. Upon motion of Councilman Cole , seconded by Councilman Murray, the follow- ing resolution was placed on the floor for discussion : I WHEREAS, the Town of Leesburg has received a recent appraisal of Potters Field, showing appraised values of $1.30 per square foot, or $45,152.90, on that portion quit-claimed to the Virginia De- partment of Highways and Greene ; and an appraised value of $4.00 per square foot , or $10,772.00, on that portion deeded the Depart- ment of Highways; and an appraised value of $3.00 per square foot, or $15,396.00, on that portion deeded Greene. And it is recog- nized further that the tract in total is worth $1.40 per square foot, or $59,581.20 for 42,558 square feet , and WHEREAS, the appraised value appears to be fair and equitable in comparison to other land values in that area, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the above tract of land known as Potters Field, and - as shown on plat prepared by Walter L. Phillips, dated November 24, 1965, be offered for sale at the above described values. . ' Councilman Cole moved to amend the resolution -to say that no part of Potters ' Field as it now exists shall be sold to any person, persons or legal entity of any kind who has in the past encroached or who is at present encroaching without paying for that part it has encroached upon. This amendment was sec- onded by Councilman Fishback. This matter was discussed at length, whereupon, upon motion of Mayor Rollins , seconded by Councilman Pumphrey, Council voted i unanimously to table this matter. There being no objection, Mr. Martin was authorized to pursue the suit now pending to establish :ownership of Potters t Field. Town Attorney George Martin explained that he had recommended title in- surance be secured on the Dunn property, as he would recommend on any other prop erty owned by the Town. He explained that the premium fee is $3.50 per thousand - dollars for such insurance, thus the bill of $206.50 is due and payable. He `6 MINUTES OF FEBRUARY 23, 1967 MEETING. also explained that the Bar Association has set standard fees for title examina- tion and that his bill in the amount of $402.50 for services rendered on the Dunn property includes such fee. Upon motion of Councilman Murray, seconded by Councilman Cole , Council voted unanimously that the $206.50 for title in- ( surance premium and $402.50 to George M. Martin for title examination and other duties in connection with the purchase of the Dunn property be appropri- ated. Mr. Martin suggested that Mr. Isidore Dunn-should be given notice that a portion of the cinder block addition on the rear of Leesburg Hardware is en- croaching on land purchased by the Town. Upon motion of Mayor Rollins, seconded by Councilman Lowenbach, the fol- lowing resolution was unanimously adopted : WHEREAS, the State Highway Commission notified the Town of Leesburg by a written "Public Notice" on February 6, 1967 that the dual lan- ing of Route 7 is being considered , from 0.235 miles north of the Fairfax-Loudoun County Line to 0.165 miles south of the east corpor- ate limits of Leesburg, and WHEREAS, said Public Notice states that "any interested citizens froth the communities affected by this route may request that a public hearing be held by sending a written notice to the District Engineer , Culpeper , Va. , on or before March 15, 1967, " and WHEREAS, the Town Council of the Town of Leesburg is vitally in- terested in the building of this road, 'and hopes that construction will begin at an early date, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the`Highway Department be requested to hold a Pub- lic Hearing on the building of this road , and that a copy of this resolution be mailed to the District Engineer at Culpeper; Vir- ginia, and a copy be mailed to Commissioner Fugate at Richmond. Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, the following resolution was unanimously adopted : WHEREAS, the Town of Leesburg installed a storm drainage system known II/ as the Woodberry Storm Sewer in the year 1965, and WHEREAS, the storm drain pipe exteuds 'into the Wallace-Paulson land about 10 feet, and at the same time 25 feet of rip rap ditch was built, and 450 feet of open ditch constructed , all in accordance with plans prepared by Walter L. Phillips, and WHEREAS , a temporary agreement was reached with the property owners to permit such construction, and WHEREAS, the property owners and the Town are desirous of reaching an agreement on the permanent easement, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg make an offer to Wallace & Paulson to settle the ease- ment in the amount of $2,000.00. Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, and after discussion of this resolution, the following was unanimously adopted : WHEREAS, Ed Hoeltzel , Ford dealer of the Town of Leesburg, is de- sirous of connecting to the Town water and sewer line to serve a II/proposed building on the south side of Rt. 7 and east of the Air Control Center , and WHEREAS, the proposed connections to the Town mains are located outside of the corporate limits of the Town, and WHEREAS, the builder will pay all costs and- rform all work to ' construct a sewage pumping station and forcepemain to empty into the existing manhole at Rt. 654, and a water service line which will be metered at the point of connection to the Town 's 8-inch line, and 23 • MINUTES OF FEBRUARY 23, 1967 MEETING. . WHEREAS, all water and sewer connections outside of the corporate -limits are subject to Town Council approval, NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Leesburg, that. Ed Hoeltzel be granted permission to connect water - and sewer service lines to the Town 's existing mains, as described above. And it is hereby understood that no further hook-ons shall be per- mitted to these private lines without prior approval of the Town Council of Leesburg. Town Manager Ritter was authorized to order a new Police car from the State. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach , the following resolution was unanimously adopted: RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,375,000 BONDS OF THE TOWN OF LEESBURG N N WHEREAS, the Town Council of the Town of Leesburg, desires to make further provision for the issuance of $900,000 Sewer Bonds which Uare authorized by the ordinance adopted by the Council on June 14, 1966, and $475 ,000 Public Improvement Bonds authorized by the reso- lution adopted by the Council on August 4, 1965, NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, as follows: (1) The $475 ,000 Public Improvement Bonds of the Town of Lees- burg to be issued pursuant to the resolution adopted by the Coun- cil of said Town on August 4, 1965 shall be dated March 15, 1967 and shall be payable in annual installments on June 15 in each year as follows: $25,000 in each of the years 1970 to 1988, inclusive. Said bonds shall bear interest from their date at a rate or rates which shall not exceed 6% per annum and such interest shall be pay- able on December 15, 1967 and thereafter semi-annually on June 15 and December 15. (2) Each of said bonds and each of the interest coupons thereto attached shall be in substantially the form set out in said reso- lution adopted on August 4 , 1965 with the appropriate changes neces- sitated by the terms of this resolution. (3) The bonds to be issued pursuant to the ordinance entitled "An Ordinance authorizing the issuance of $900,000 of bonds of the Town of Leesburg to finance the cost of improving and extending the Town 's water and sewer system and providing for the submission of the ques- tion of issuing said bonds to the qualified voters of said Town", adopted by the Council of said Town on June 14, 1966 , shall be desig- nated "Sewer Bonds" and shall be numbered from 1 upwards in the order of their maturity, and shall be dated March 15, 1967. (4) Said bonds shall be payable in annual installments on June 15 in each year as follows : $45,000 in each of -the years 1968 to 1987, inclusive. Said bonds shall bear interest from their date at a rate or rates which shall not exceed 6% per annum, and such interest shall be pay- able on December 15 , 1967 and thereafter semi-annually on June 15 and December 15. (5) The bonds of both issues shall be coupon bonds without privi- lege of registration, and shall be of the denomination of $1 ,000 each or $5,000 each as shall be determined by the Council after said 24 •MINUTES OF FEBRUARY 23 , 1967 MEETING. . bonds are sold at public sale. Both principal of and interest on the bonds shall be payable at the principal office of First & Mer- chants 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 payment of public and private debts. (6) The corporate seal of the Town shall be .affixed or impressed 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 II/said Mayor and Clerk of Council. (7) Until all of said 5900,000 Sewer Bonds have been fully paid. and discharged in accordance with their terms, (1) the Town shall operate its water supply system and sewage disposal system as a single combined system and will charge rates or fees for water fur- nished by such system and for the disposal of sewage by such system; and (2) such rates or fees shall be fixed and maintained at a level which will produce sufficient revenues to pay for the cost of opera- tion and administration of said combined system (including interest on bonds issued therefor ) and the cost of insurance against loss by injury to persons and property, and an annual amount to be covered into a sinking fund sufficient to pay, at or before maturity, all bonds issued to finance said combined system; and .(3) the revenues which the Town derives from said combined system in each fiscal year shall , to the extent necessary, be first applied to the payment of such cost of operation and administration during the fiscal year and to the payment of such annual amount payable in such fiscal year ; and (4) the Town shall segregate and keep segregated, from all other funds, all revenues derived by the Town from its operation and ownership of said combined system. In consideration of the purchase and accept- ance of said $900,000 Sewer bonds by those who shall hold the same from time to time, the provisions of this paragraph of this resolu- tion shall be deemed to be and shall constitute a contract between the Town and the holders from time to time of said bonds and of the interest coupons appurtenant thereto. (8) The $900,000 Sewer bonds and the interest coupons representing the interest payable thereon shall be in substantially the following form: (Form of Bond) No. No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA TOWN OF LEESBURG SEWER BOND $ $ The TOWN OF LEESBURG (herein referred to as "Town") , a munici- pal corporation of the Commonwealth of Virginia, hereby acknowledges itself indebted amd, for value received , promises to pay to the bearer of this bond the sum of • DOLLARS t$ ) , on the 15th day of June , 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 on December 15, 1967 and thereafter semi-annually on June 15 and December 15 in each year , upon presentation and surrender of the annexed coupons therefor, as they severally become due. Both principal of and interest on this bond will be paid at the principal office of 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 payment of public and private debts. MINUTES OF FEBRUARY 23, 1967 MEETING. . This bond is one of an issue of bonds of like date and tenor, except as to rate of interest and maturity, authorized by an ordi- nance duly adopted by the Council of the Town and approved by.the affirmative vote of the majority of the qualified voters of the Town voting upon the question of their issuance at an election held for that purpose on July 12 , 1966, in accordance with the provisions of Clause (b) of Section 127 of the Constitution of Virginia, and is issued pursuant to the Public Finance Act of 1958 (Chapter 5 of Title 15.1 of the Code of Virginia, 1950) , to pay the cost of ex- tending and improving the combined water supply and sewage disposal system maintained by the Town, by the extension of a sanitary sewer line running two miles east to the site of a new sewerage treatment plant and sewerage treatment facilities and the construction of such sewerage treatment facilities including a sewerage treatment plant and the installation of an interceptor sanitary sewer line from the existing plant to the Dry Mill Road in said Town. The Town has covenanted that , until all of the bonds of said issue have been fully paid and discharged in accordance with their terms, (1 ) the Town shall operate its water supply system and sewage disposal sys- tem as a single combined system and will charge rates or fees for Cl water furnished by such system and for the disposal of sewage by N such system; and (2) such rates or fees shall be fixed and maintained N at a level which will produce sufficient revenues to pay for the cost of operation and administration of said combined system (including interest on bonds issued therefor) and the cost of insurance against loss by injury to persons and property, and an amount to be covered into a sinking fund sufficient to pay, at or before maturity, all bonds issued to finance said combined system; and (3) the revenues which the Town derives from said combined system in each .fiscal year shall, to the extent necessary, be first applied to the payment of such cost of operation and administration during the fiscal year and to the payment of such annual amount payable in such fiscal year ; and (4) the Town shall segregate and keep segregated, from all other funds, all revenues derived by the Town from its opera- tion and ownership of said combined system. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the Common- wealth 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, to- gether with all other indebtedness of the Town, is within every debt and other limit prescribed by the Constitution or statutes of the Commonwealth of Virginia, and that the full faith and credit of the Town are hereby pledged for the payment of the principal of and interest on this bond in accordance with its terms. 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 this coupon hereto annexed . to be authenticated by the facsimile signatures of its Mayor and Clerk of Council , and this bond to be dated March 15, 1967. Mayor ATTEST: Clerk o Council • • • • f 2 6r MINUTES OF FEBRUARY 23 , 1967 MEETING . . (Form of Coupon) No. No. December , On the 15th day of June , 19 , the TOWN OF LEESBURG, in the Commonwealth of Virginia, will pay to the bearer DOLLARS (5 at the principal office of First & Merchants National Bank in Rich- mond, Virginia, in any coin or currency of the United States of Ameri- which at the time of payment is legal tender for the payment of public and private debts, being the interest then due on its Sewer Bond, dated March 15, 1967. No. Mayor Clerk of Council (9) The Mayor and Clerk of Council are hereby authorized to cause said bonds to be prepared and to execute said bonds in accordance with their terms, and to deliver said bonds when duly executed to such per- son or persons as the Council may hereafter direct upon receiving in payment therefor such sum as the Council may fix as the purchase price thereof. Upon motion of Councilman Lowenbach, seconded by Councilman Murray, the following resolution was unanimously adopted : RESOLUTION PROVIDING FOR THE SALE OF $1,375,000 OF BONDS OF THE TOWN OF LEESBURG WHEREAS, the Town Council desires to make provision for the sale of the $900,000 Sewer Bonds and $475,000 Public Improvement Bonds of the Town, dated March 15, 1967, heretofore authorized by said Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg as follows: (1) The Town Council shall receive sealed proposals for the purchase of the $900,000 Sewer Bonds and 5475,000 Public Improvement Bonds of said Town, dated March 15 , 1967, which are to be issued pursuant to the resolution entitled "Resolution providing for the issuance of $1 ,375,000 Bonds of the Town of Leesburg" adopted by the Council on February 23 , 1967, pursuant to and in accordance with the following Notice of Sale : NOTICE OF SALE TOWN OF LEESBURG, VIRGINIA $900,000 SEWER BONDS $475,000 PUBLIC IMPROVEMENT BONDS SEALED BIDS will be received for the Town of Leesburg, a municipal cor- poration of the Commonwealth of Virginia, until 12 o 'clock Noon, East- ern:. Standai:d Time , on the 22nd day of March, 1967, at the office of the State Commission on Local Debt , Room 228, Finance Building, Capitol Square, Richmond , Virginia, at which time said bids will be opened by such Commission, for the purchase of all or none of both of the fol- lowing described two issues of bonds of the Town of Leesburg: The bonds consist of an issue of $900,000 Sewer Bonds and an issue of $475,000 Public Improvement Bonds, dated March 15, 1967, and payable in annual installments on June 15 in each year as follows: 27 MINUTES OF FEBRUARY 23, 1967 MEETING.- $900,000 $475 ,000 Year Sewer Bonds Public Improvement Bonds 1968 $45,000 0 1969 45,000 0 1970 45,000 $25,000 1971 45,000 25,000 1972 45,000 25,000 1973 45,000 25,000 1974 45,000 25,000 1975 45,000 25,000 1976 45,000 25,000 1977 45,000 • 25,000 1978 45,000 25,000 1979 45,000 25,000 1980 45 ,000 25,000 1981 45,000 25,000 1982 45,000 25,000 1983 45,000 25,000 1984 45,000 25,000 1985 45,000 25,000 N 1986 45,000 25,000 1987 45,000 25,000 Cg 1988 0 25 ,000 • The bonds of both issues will be of the denomination of $1 ,000 or $5,000 each at the option of the successful bidder , said option to be exercised by notice in writing or by telegram delivered to the Town Council of the Town of Leesburg, Leesburg, Virginia, within 48 hours after the award of the bonds to such successful bidder. Interest on both issues is payable on December 15, 1967 and thereafter semi-annually on June 15 and December 15. The bonds of both issues are coupon bonds without privilege of registration and are payable at the principal of; fice of the First & Merchants National Bank in Richmond, Virginia. The $900,000 Sewer Bonds are issued to finance the cost of im- proving the combined water supply and sewage disposal system maintained by the Town by construction of sewerage treatment facilities and the ex- tension of sewerage lines. The $475,000 Public Improvement Bonds are issued to finance the cost of improving the storm sewerage system of the Town by the con- struction 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, lo- cated on the north side of Loudoun Street between King Street and flirt Street for use by the Town to provide off-street automobile parking fa- cilities and as a site for a municipal building, the cost of re-sur- facing the existing parcel of land used for off-street automobile park- ing facilities 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 of acquiring land for air- port purposes and easements necessary to provide unobstructed air space for said airport. . The bonds of both issues are general obligations of the Town secured by a pledge of its faith and credit. The Town is authorized and required by law to levy upon all property taxable by the Town such ad valorem taxes as may be necessary to pay the bonds of both issues without limitation as to rate or amount. The $900,000 Sewer Bonds are additionally secured by a covenant that, until all of the bonds have been fully paid and discharged in accordance with their terms, (1 ) the Town shall operate its water supply system and sewage disposal system as a single combined system and will charge rates or fees for water fur- nished by such system and for the -disposal of sewage by such system; and (2) such rates or fees shall be fixed and maintained at a level which will produce sufficient revenues to pay for the cost of operation 28 MINUTES OF FEBRUARY 23 , 1967 MEETING.. and administration of said combined system (including interest on bonds issued therefor) and the cost of insurance against loss by injury to persons and property, and an annual amount to be covered into a sinkipg fund sufficient to pay, at. or before maturity, all bonds issued to finance said combined system; and (3) the revenues which the Town derives from said combined. system in each fiscal year shall , to the extent necessary, be first applied to the payment of such cost of operation and administration during the fiscal year and to the payment of such annual amount payable in such fiscal year; and (4) the Town shall segregate and keep segregated, from all other funds all revenues derived by the Town from its operation and ownership of said combined system. No bid for less than all of the bonds of both issued will be considered and each bid must be for both issues as a whole. Bidders are invited to name the rate or rates of interest which the bonds are to bear , which rate or rates must be a multiple or multiples of one- tenth or one-eighth of one per centum and. must not exceed six per centum (6%) per annum. No more than two rates may be named for each issue. All bonds of both issues maturing on the same date must bear interest at the same rate , and each rate of interest named must be for consecu- tive maturities and cannot be repeated. The interest payable with re- spect to each bond on any one date will be evidenced by a single coupon. • Each proposal submitted must offer a price which is not less than par and accrued interest and must offer to purchase all of the bonds. A zero rate cannot be named for all or any of the time from the date of any bond of either issue to its stated maturity and the premium for each issue shall be separately stated and must be paid in funds as part of the purchase price. Unless all proposals are rejected the bonds of both issues will be awarded to the bidder whose proposal results in the lowest net in- . terest cost to the Town determined by computing the aggregate amount of interest payable on all the bonds of both issues from their dates to their respective maturities and deducting from such aggregate a- mount the premiums offered for both issues, if any. In addition to the price bid the purchaser must pay accrued interest from the date of the bonds to the date of payment of, the purchase price. Each proposal must be unconditional and must be accompanied by a certified or bank cashier 's or bank treasurer 's check or checks for $27,500 drawn upon an incorporated bank or trust company and pay- able. to the Town of Leesburg to secure the Town against any loss re- sulting from the failure of the bidder to comply with the terms of his proposal. The check or checks of the bidder whose proposal is accepted will be deposited by the Town and credited to the purchase price and no interest will be allowed thereon. The proceeds of the check or checks will be retained by the Town as liquidated damages in case the bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned upon award of the bonds. Immediately following the time all proposals are to be received and opened , the State Commission on Local. Debt of the Commonwealth of Virginia, will open the same and ascertain the amount of each proposal and the name or names of the person or persons making the same, and will ascertain the best bid in accordance with the terms hereof and certify the same to the Council of the Town of Leesburg, and repre- sentatives of the Council of the Town will be present for the purpose of acting upon the recommendation of the Commission as to the best bid; and the Council will cause such bonds to be prepared, executed and delivered to the successful bidder. The right is reserved to reject any and all bids and to waive any irregularities in any bid; The bonds will be delivered in Richmond, Virginia or in New York City, at the option of the purchaser, on April 20, 1967, or as soon thereafter as possible. The Town will furnish without cost to the pur 29 MINUTES OF FEBRUARY 23, 1967 MEETING. v chaser, at the time the bonds are delivered (1 ) the opinion of Messrs. Reed, Hoyt , Washburn & McCarthy, of New York City, that the bonds are valid and legally binding obligations of the Town and that the Town is authorized and required by law to levy on all real property taxable by the Town such ad valorem taxes as may be necessary to pay the bonds and the interest thereon without limitation as to rate or amount , and that with regard to the 3900,000 Sewer Bonds the covenant with respect to the charging and applications of rates or fees for ,water furnished or .for the disposal of sewage by the combined water and sewer system is legal and binding, and (2) certification in form satisfactory to III said Attorneys evidencing the proper execution and delivery of the bonds and receipt of payment therefor , and (3) a certificate, dated as of the date of delivery of the bonds, and signed by the officers who signed the bonds, stating that no litigation is then pending or, to the knowledge of such officers, threatened to restrain or enjoin the issuance or delivery of the bonds or the levy or collection of taxes to pay the bonds or the interest thereon, or questioning the validity of the statutes or the proceedings under which the bonds are issued, and that neither the corporate existence or boundaries of the Town , nor the _title of any of the said officers to their re- spective offices, is being contested. C\1 CV Bidders submitting bids must use the bid forms which may be ob- Ly► tained from the State Commission on Local Debt. 0 V Each proposal should be enclosed in a sealed envelope marked "Proposal for Town of Leesburg Bonds" and should be directed to the "Town Council of the Town of Leesburg, c/o State Commission on Local Debt , Room 228 , Finance Building, Capitol Square, Richmond, Virginia". Further information will be furnished upon application to the undersigned. All bids will be received by the Commission for and on behalf of the Town of Leesburg, in .the State of Virginia. I STATE COMMISSION ON LOCAL DEBT J. GORDON BENNETT, SECRETARY (2) The Clerk of Council is hereby authorized and directed to publish a copy of such Notice of Sale in the Loudoun Times-Mirror, a newspaper published in Leesburg, Virginia, and to make such other publication as he may deem advisable. Sealed proposals for the pur- chase of the bonds described in said notice shall be r.eceived' and considered pursuant to'and in accordance with said notice. Councilman Cole asked how they proposed to pay for this bond issue , whether they were going to raise taxes or raise the water rates to'pay for this indebtedness. He said he wanted an understanding as to what was going to be raised. Mayor Rollins said he thought the General Fund should help out for a few years. It seemed to be understood that the sewer rates would be doubled first and then the water rates raised at a later date. Mr. Cole wanted it clear that he does not want to pay for the apartment dwellings. Councilmen Pumphrey and Fishback said they' did not favor raising the taxes to support the utility system. Mr. Cole also asked that the members be thinking about what interest rate . they would accept on the bond sale. All seemed to be in agreement that they would accept anything from 4 per cent down. It ' There being no further business, the meeting adjourned at 9 :40 P.M. • Ils.: ''' ) 0P--&-1 / Mayor Clerk.,CC ,�, /3. / Clerof e Council / �. ARTHUR GODFREY 49 EAST FIFTY-SECOND STREET NEW YORE,N.Y. 10022 212) 765-4321 February 6, 1967 The Honorable Kenneth B. Rollins Mayor of the City of Leesburg Barrister Building Leesburg, Virginia Dear Mayor Rollins: - I gather from that I have read in the Loudoun-Times Mirror that the Chantilly people, who have been running Godfrey Field, are having internal friction. This, of course, is none of my business until it results in inefficient operation of the Field. I, personally, have received nothing but first-class service from these good people but I am dismayed to learn from George Hammerly that things are far from running as smoothly as they have appeared to me on the surface. I am very proud to have been paid the high honor of having the Field named after me and I would like to do any and everything in my power to make it and keep it the finest "little" airport in the country. There's no reason why it shouldn't be: it is beautifully laid out and, while I wish the runway were 1500 feet longer, it is adequate even now for the accommodation of the average privately owned airplane. Your Honor, I am sure, is acquainted with George Hammerly's interest in aviation and his love for our County. He has displayed an interest in taking over the Field as Operator. Therefore, if it be true that the Chantilly organization is falling apart and the operation of the Field is threatened, perhaps the gentlemen of the Council will entertain my suggestion that the operation of the Field be turned over to George, charging him with the responsibility of developing and accomplishing its potential. It has been my observation during my 38 years as a pilot that proper development of small airports demands a labor of love as well as a desire to make money. Since George Hammerly is really the father of the whole .idea, I feel that it follows that he should be given opportunity to display his ability. With best wishes, I am • Most respec ully, • 11G:1d Godfrey