HomeMy Public PortalAbout1971_10_27 4.4
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 27 , 1971.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on Oc-
tober 27 , 1971 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Councilman Hill offering the prayer. Those present were :
Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill, Walter F. Murray,
Robert A . Orr, John W. Pumphrey, C . Terry Titus and John A. Wallace, Jr. ;
also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin .
The Minutes of the meeting of October 13 , 1971 were approved as
written.
Town Manager Ritter reported the following :
(1) The resolution to advertise for bids on the Douglass Relief
Sewer was tabled at last meeting until an appraisal can be made on the
Rust property and he was instructed to have Mr. John William Clemens make
this appraisal. Mr. Clemens cannot do this inasmuch as he is on the
Board of Equalization. He contacted Mr. Mac Downs and he was tied up on
other matters . At the last Street Committee meeting, it was decided that
Dewberry, Nealon and Davis would take cross-sections and make a topographi-
cal survey showing the drainage areas . This should be ready for the next, . .
Street Committee meeting .
(2) On the Hospital job, Dewberry, Nealon and Davis has advertised
for bids to be received on November 15th. He has secured three of the
eight easements needed and does not anticipate any trouble on any of them.
VEPCO has been asked to prepare a street lighting arrangement on the
street between Market and Cornwall Streets . The owners of the land have
assured him that the land will be dedicated.
(3) In talking_ with Michie Publications today, they advised that
our revised Ordinances should be mailed to us by November 12th.
(4) He and Mr. Weatherholtz met with Mr. and Mrs . Donald Fisher
and decided on a location for the storm sewer on their property . They
tried to locate.:Mrs . Bishop to discuss the project with her, but could
not do so. This kind of work can still be done up until December, so
they are going ahead with it.
(5) They have met with no success in locating a Director of Public
Works thus far. They have secured a list of names with resumes of 258
people from the National Society of Professional Engineers . Out of this
list, they found only eight who would be even partially qualified, and
none of these had any good public works experience . They are getting
another list from the American Public Works Association in Chicago and
hope there will be some who are better qualified. He talked with Mr.
Dick Carden, Executive Secretary of the Virginia Society of Professional
Engineers, while in Richmond the other day. They maintain no roster of
engineers, but he does have contact with some who are looking for jobs.
He placed an ad in their November magazine, which went to print this
week and which circulates all over the State . A letter was also read
to the Bull Run Chapter of the Virginia Society last week at its meeting .
There is an ad in the November issue of Virginia Town and City Magazine,
as well as one in the next Public Works Journal, which circulates all
over the country . He also placed one in the ICMA Newsletter. He has
talked with people in two cities with no luck, but feels we will certainly
get some inquiries from these ads .
(6) He talked with the Water Control Board about expansion of the
Sewage Treatment Plant and they said we would have to go to "Nutrient
Removal" or "Tertiary Treatment" on the next stage, which would mean
additional expense .
d
(7) In checking with Johnson and Williams yesterday, HUD has not
yet found Leesburg 's application for Federal Grant. Jack Williams is
still in touch with them.
(8) We got the sewer line back up over Tuscarora Creek where a pier
had washed out. This should hold until we can make other arrangements .
45
MINUTES OF OCTOBER 27 , 1971 MEETING.
(9) He discussed the $650,000 Bond Issue with the State Treasurer 's
Office when he was in Richmond. They have - set a tentative sale date of
Tuesday, November 16 , with bids to be opened at 11 :00 A.M. Council will
have to be in session to act upon the sale. Reed, Hoyt, Washburn &
McCarthy have prepared three resolutions to be adopted tonight in connec-
tion with this sale . He explained that they have used a level payment
maturity, with 18 payments of $35 , 000 and the last payment to be $20,000.
Principal payments will begin in December of 1973 .
Councilman Titus asked what the: situation is regarding Parker's
junk cars . Town Attorney Martin said he had filed led a suit for permanent
II injunction, however he had received no response from Parker 's corporation.
He said he would present a Decree for injunction to the Court .
Councilman Titus also said he noticed that some of the newer man-
• holes were practically under water during this last hard rain, particu-
larly those on Dry Mill Road by Dr. Orr's office and near the By-Pass .
He thinks they should be raised in case we should have another hard rain
• like this .
Councilman Murray stated that he did not believe HUD could "lose"
e our application for Federal funds . Mr. Ritter explained that this office
G has just been moved from Philadelphia and they claim they have not un-
the
he
�' packed
thereox isyet that somethingoelsens involvedrbesidesls etheMr.application . Theree
G
G are directives going back and forth between the Water Control Board and
other governmental organizations all the time and he believes they are pur-
posely holding this aside . He thinks Philadelphia should have taken action
on this . Councilman Hill asked why the Northern Virginia Planning Dis-
trict Commission can ' t get some action on this . Mr. Murray said he thinks
we should ask them to see what they can do. Mayor Rollins said we should
make an appointment to go to the Department itself, to the Assistant Sec-
retary of HUD in charge of Water and Sewer Grants . Mr. Ritter said he
would run this down .
' Mr. Hugh Kreeger, attorney for Green Acres Associates , owner and de-
veloper of the proposed Loudoun Hills Subdivision, addressed Council with
regard to the Performance Bond on physical improvements in Section 1 of
this Subdivision. He said they have chosen to post the amount of bond
in cash but, unfortunately, they do not have the check tonight since the
Boarcf the lending agency must meet before they get the check. They
expect to have this certified check by Friday or Monday and would like
permission to go before the Planning Commission for their final approval
next Thursday night . They have submitted everything in line with Plan-
ning Commission and Town . specifications thus far. Mr. Ritter said their •
plans have been checked and this check is for Section 1 only. There will
possibly be two more sections . Councilman Titus asked what kind of im-
provements they plan on Fort Evans Road. Mr. Kreeger said only the dedi-
cation of land for widening purposes . Mr. Hurr, architect for the firm,
explained the type of architecture and building materials planned and
exhibited to Council their proposal for this development, the price range
to be $27 ,500 to $29,500 . To the Mayor 's question about recreation areas
within the development , he answered that there are two areas planned for
the overall subdivision and that they expect to have these under construc-
tion before anyone moves into Section 1. It is also planned to have at
least two parking spaces per unit . They hope to start constructirn within
two to three weeks after final approval by the Planning Commission and
should have the buildings under roof by January 1st on the first section,
which consists of 28 units . They would expect to file the plans on the
second section next spring - a balance of 103 units . Mayor Rollins ques-
' tioned the widening of Fort Evans Road. Mr. Ritter said the plan shows only
a 50 ' right-of-way and this should be enough, however, he believes the
Planning Commission should give further thought to this widening in light
of possible future development in this area. Councilman Hill asked about
the Homeowners Association and Mr. Kreeger explained that it is mandatory
for all homeowners to belong to this association and they are expected to
maintain the common area and pay the fees to take care of this. On motion
of Councilman Murray, seconded by Councilman Orr, the following resolu-
tion was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
1thatRc r o}�figd Offk in the amount of $75 ,585 .00 be accepted
e nwn lb cover estimated cost of physical improvements
in Loudoun Hills Subdivision , and
4 f=
MINUTES OF OCTOBER 27 , 1971 MEETING.
BE IT FURTHER RESOLVED, that said check be retained by the
Treasurer of the Town of Leesburg until the completion and
satisfactory installation of all improvements in the subdi-
vision , and
BE IT FURTHER RESOLVED, that release of said check shall be
by action of the Town Council.
On motion of Councilman Orr, seconded by Councilman Murray, the fol-
lowing resolution was proposed:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that application for extension of water and sewer lines by
Loudoun Hills Subdivision be approved .
Councilman Titus asked if this would use the existing sewer line . Mr.
Ritter said it will. The Mayor asked if this line will serve the whole
development. Mr. Forbes said it will not - according to Mr. Moody, they
will use the sewer line to the north when they go into the second section .
The amount toward the Douglass Relief Sewer and the availability charges
have not yet been determined, nor have the fees for, checking their plans .
The above resolution was then unanimously adopted.
Council discussed their displeasure with so many of these proposed .,
developments coming to them at the last minute for approval by the Council.
They feel that all plans should be well prepared well ahead of time , rather
than this type of thing .
Mr. Warren H. Cunningham appeared before Council in behalf of his
application for. rezoning of Lot B" of a Resubdivision of Lot 3 and Lot 5 ,
Valley View Estates . He, stated that he would like to sell used and an-
tique furniture and do upholstering work and it is his understanding that,
in order to sell from this location, his property would have to be re-
zoned to Commercial. It is possible that he might use only the existing
building for this purpose, but he may wish to build another one to the
rear as well, there is enough room for this . He expects to. make this
his livelihood. Councilman Titus expressed his concern over the traf-
fic situation at this corner. Councilman Hill asked what he would pro
pose to use as an entrance to the property . Mr. Cunningham said it is
possible that he would enter from both streets and he might possibly pave
the area. Councilman Hill asked if he would be willing to work with the
Town should he run into a traffic problem, and Mr. Cunningham agreed to
this . On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following Ordinance was unanimously adopted :
WHEREAS, application for an amendment to the Leesburg Zoning
Map numbered ZM-5 was made by Warren H. Cunningham on the 14th
day of July, 1971; and
WHEREAS, the said application has been processed in accordance
with the provisions of Article 11 of the Leesburg Zoning Ordi-
nance and Article 8 , Chapter 11, Title 15 . 1 of the 1950 Code of
Virginia , as amended ; and
WHEREAS , it has been determined that such amendment to the Lees-
burg Zoning Map is in the best interest of the Town of Leesburg,
Virginia ;
NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of
Leesburg, Virginia , that the Leesburg Zoning Ordinance be and
the same is hereby. amended by changing the land use as desig-
nated on the Leesburg Zoning Map as follows :
From R-1 to B-2 , 17 ,564 square feet of land designated as Lot
"B" of a Resubdivision of Lot 3 and Lot 5 , Valley View Estates,
located on the south side of Davis Avenue , and bounded by Davis
Avenue on the north , Valley View Avenue on the east, S. D. Phil-
lips , Jr. on the south and Wilbur Hall and S. D. Phillips , Jr. on
the west .
47
MINUTES OF OCTOBER 27 , 1971 MEETING.
Mr. Summerfield Tillett, Jr. addressed Council regarding the prob-
lems created by the heavy rainfall several days ago at property owned by
his mother on North Harrison Street . Every time there is a hard rain, the
water backs up into the basement from the sanitary sewer line . This time
it ruined the furnace (they had to replace two motors and a transformer) ,
the hot water heater and possibly the washing machine . They have a sump
pump in the basement and they recently had this changed to take any water
from it off of the sanitary sewer. He said this is a common occurrence in
this area , down Harrison Street from Edwards Ferry Road and along North
Street to Church Street . The owners of these houses have all had to put
in plugs to take care of the sewer water that backs up during heavy rains .
He said even the manhole covers popped off this time . He asked that Coun-
cil give serious consideration to doing something to remedy this situation
as soon as possible . The plug in his mother 's basement was blown out by
the force of the water this time and they had about 3 feet of water in the
entire basement . Mr. Ritter asked if they have a drain in the stair well
that goes into the sanitary sewer. Mr. Tillett said they have, the house
was built in the 50 's and this was approved construction at that time.
Mr. Ritter said a lot of the problem stems from infiltration. Mr. Tillett
also added that, after the plug is put in during a heavy rain, they cannot
et use the plumbing in the house, and he believes this is true in other houses
(� in the area as well. Mr. Ritter reviewed for Council a meeting some five
r+. or six years ago, when several citizens of North Street appeared before
ACouncil regarding this same problem. Immediately thereafter, Johnson and
G Williams made a survey and presented a set of plans showing a new sewer
line which would tie into the existing line on the north side of the W &
0 D Railroad. This survey also revealed there is not much difference in
the elevation of the service lines from these houses to the sewer line it-
self. He had an estimate to construct this line , but the Town did not
have the money. This would be one solution to this problem and will prob-
ably have to be done when the County Complex is developed. The problem of
infiltration was discussed as well . Mayor Rollins said he believed this
is a problem that will have to be undertaken soon and this is a good place
to start. Councilman Hill asked Mr. Tillett to find out what it would cost
just for his mother to get rid of the surface water from her house.
On motion of Councilman Wallace, seconded by Councilman Titus , the
following resolution was unanimously adopted :
WHEREAS, the Town of Leesburg entered into an Agreement with
the Leesburg Volunteer Fire Department, dated April 22, 1964,
under which the Town would make an annual contribution to said
Fire Department on the basis of population, and
WHEREAS, the official 1970 U. S. Census showed the population
of the Town-of Leesburg to be 4,821, which was less than the
Town 's estimated population of 6,000, upon which annual contri-
butions of $5,450 .00 had been based for the past several years ,
NOW, THEREFORE, BE IT RESOLVED by the Town 'Council of the Town
of Leesburg, that the Town will continue contributions on the
basis of 6 ,000 population until such time as the estimated popu-
lation has exceeded this number, at which time the formula as
set forth in the above-referenced Agreement will go back into
effect, and
BE IT FURTHER .RESOLVED, that a copy of this resolution be sent
to the Leesburg Volunteer Fire Department for their information.
Mayor Rollins said he had been informed by a telephone call that
the Board of Supervisors has only three members present for the scheduled
meeting at 9 :00 P.M. He said that apparently they do not have enough in-
terest to discuss this subdivision control problem. Probably there will
be another time set for this meeting after elections .
With regard to the sale of the $650,000 in General Obligation Bonds,
Councilman Wallace explained how the State had-worked out the payment
schedule , costing the Town some $400,000 in interest . He said he worked
it up another way under even installments , whereby the Town would save
some $60,000 in interest . This is assuming an interest rate of about
five per cent .
46k
MINUTES OF OCTOBER 27 , 1971 MEETING.
On motion of Councilman Wallace, seconded by Councilman Murray,
the following resolution was unanimously adopted :
RESOLUTION AUTHORIZING THE ISSUANCE OF
$650,000 PUBLIC IMPROVEMENT BONDS OF THE TOWN OF LEESBURG
WHEREAS, the Council of the Town of Leesburg has deemed
it necessary to improve the combined water supply and sewage
disposal system maintained by the Town, by the construction of
sanitary sewers including the acquisition and installation of
the equipment, machinery and apparatus required therefor and
the acquisition of the necessary lands or rights in land, and
it is deemed necessary to provide funds in the amount of $450,000
pursuant to the provisions of the Public Finance Act of 1958 of
Virginia for such purpose ; and
WHEREAS , the Council of the Town ofteesburg has deemed
it necessary to improve the public highways in the Town by the
pavement thereof and the construction of curbs and sidewalks
thereon, and it is deemed necessary to provide funds in the a-
mount of $100,000 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 storm water sewer system of the
Town by the construction of additional storm water sewers , cul-
verts and drains , and it is deemed necessary to provide funds in
the amount of $100,000 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
combined water supply and sewage disposal system maintained by
the Town , by the construction of sanitary sewers including
the acquisition and installation of the equipment, machinery
and apparatus required therefor and the acquisition of the
necessary lands or rights in land, and improving the public high-
ways in the Town by the pavement thereof and the construction of
curbs and sidewalks thereon, and improving the storm water sewer.
system of the Town by the construction of additional storm water
sewers , culverts and drains , the Town of Leesburg shall issue,
pursuant to the Public Finance Act of 1958 of Virginia, its bonds
of the aggregate principal amount of $650,000.
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 respec-
tive purposes :
1. Improvement of the combined water supply and sewage
disposal system maintained by the Town by the con-
struction of sanitary sewers , including the acquisi-
tion and installation of the equipment, machinery and
apparatus required therefor and the acquisition of the
necessary lands or rights in land. $450,000
2 . Improvement of public highways in the Town by the
pavement thereof and the construction of curbs and
sidewalks thereon . $100 ,000
3 . Improvement of the storm water sewer system of the
Town by the construction of additional storm water
sewers , culverts and drains . $100,000
Section 3. Each of said bonds shall be designated "Public
Improvement Bond. " Said bonds shall be dated December 1, 1971
and shall consist of one hundred thirty bonds of the denomina-
tion of $5 ,000 each, numbered from 1 to 130, inclusive, in the
order of their maturity, payable in annual installments on De-
cember 1st in each year as follows : $35 ,000 in'each of the years
1973 to 1990, inclusive , and $20,000 in 1991.
49
MINUTES OF OCTOBER 27 , 1971 MEETING.
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 on June 1 and December 1. The bonds shall
be coupon bonds without privilege of registration .
Section 5 . Both principal of and interest on the bonds shall
be payable at the principal office of First & Merchants National Bank,
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 .
Section 6. The corporate seal of the Town shall be affixed
to 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 repre-
senting the interest payable on such bonds shall be authenticated
by the facsimile signature of such Mayor and Clerk of. Council.
Section 7 . Each of said bonds and each of the interest cou-
pons thereto attached shall be in substantially the following form:
O (Form of Bond)
No . No.
a
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN
TOWN OF LEESBURG
PUBLIC IMPROVEMENT BOND
$5 ,000 $5 ,000
The TOWN OF LEESBURG (herinafter 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 19_, and to pay interest thereon from the date
of this bond until it shall mature at the rate of
per centum ( Y) per annum, payable semi-annually on June 1 and
December 1 in each year, upon presentation and surrender of the an-
nexed coupons therefor, as they severally become due. Both princi-
pal of and interest on this bond will be paid at the principal of-
fice of First & Merchants National Bank, 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 .
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 October- 27 ,
1971, 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) , and to pay the cost of improving the com-
bined water supply and sewage disposal system maintained by the
Town, and the improving of the public highways in the Town, and the
improving of the storm water sewer system of the Town.
The full faith and credit of the Town are hereby pledged to
the payment of the principal of and interest on this bond in ac-
cordance with its terms .
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 .
50
MINUTES OF OCTOBER 27 , 1971 MEETING.
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 annexed to be authenticated by the facsimile
signature of its Mayor and Clerk of ,Council and this bond to be dated
Mayor
ATTEST : •
Clerk of Council
(Form of Coupon)
• No. No.
On the 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 principal office of
, 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 , being
the interest then due on its Public Improvement Bond, dated
No.
• Mayor
Clerk of Council
Sethon 8. The full faith and credit of the Town of Leesburg
are hereby 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 author-
zed and directed to exezute said bonds in ac ordance with theirheterms
following oresolutionuwas unanimous�Lyy aciopptece by �ounci man itus ,
RESOLUTION PROVIDING FOR THE SALE OF $650,000
PUBLIC IMPROVEMENT BONDS OF THE TOWN OF LEESBURG
WHEREAS, the Council desires to make provision for the sale
of the $650,000 Public Improvement Bonds , dated December 1, 1971 ,
heretofore authorized by the Council : NOW, THEREFORE,
BE IT RESOLVED by the Council of the Town of Leesburg as fol-
lows :
(1) The Council shall receive sealed proposals for the pur-
chase of the $650 ,000 Public Improvement Bonds of said Town, dated
December 1, 1971 , which are to be issued pursuant to the resolution
entitled "Resolution authorizing the issuance of $650,000 Public
Improvement Bonds of the Town of Leesburg, " adopted by the Coun-
cil on October 27 , 1971, pursuant to and in accordance with the
following Notice of Sale :
NOTICE OF SALE
TOWN OF LEESBURG, VIRGINIA
$650 ,000 PUBLIC IMPROVEMENT BONDS
Sealed bids will be received for the Town of Leesburg, a
municipal corporation of the Commonwealth of Virginia, until Eleven
o 'clock, A.M. , Eastern Standard Time, on the 18th day of November,
5 l;
MINUTES OF OCTOBER 27 , 1971 MEETING.
1971, at the office of the State Commission on Local Debt of the
Commonwealth of Virginia , Room 101 Finance Building, Capitol Square,
Richmond, Virginia , at which time said bids will be opened by said
Commission, for the purchase of $650,000 Public Improvement Bonds
of the Town of Leesburg, Virginia .
The bonds are payable in annual installments on December 1
in each year as follows : $35 ,000 in each of the years 1973 to
1990, inclusive and $20,000 in 1991. The bonds are of the denomi-
nation' of $5 ,000 and are dated December 1, 1971 . Interest is pay-
able semi-annually on June 1 and December 1. The bonds are coupon
bonds without privilege of registration and are payable at the
principal office of First & Merchants National Bank, Richmond, Vir-
ginia .
The bonds are issued to finance the cost of improving the com-
bined water supply and sewage disposal system maintained by the Town,
and the improving of the public highways in the Town , and the im-
proving of the storm water sewer system of the Town.
e Bidders are invited to name the rate or rates of interest which
C the bonds are to bear, which rate or rates must be a multiple, or
LL LL multiples, of one-tenth or one-eighth of one per centum. No more
than two rates may be named, and all bonds maturing on the same
date must bear interest at the same rate , and each rate of interest
named must be for consecutive maturities and cannot be repeated.
However, no rate may exceed six per centum (6%) per annum. 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 .
The bonds are issued to finance the cost of improving the
combined water supply and sewage disposal system maintained by
the Town, and the improving of the public highways in the Town,
and the improving of the storm water sewer system of the Town .
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. No
more than two rates may be named, and all bonds maturing on the
same date must bear interest at the same rate, and , each rate of
interest named must be for consecutive maturities and cannot be re-
peated. However, no rate may exceed six per centum (6%) per annum.
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 .
Unless all proposals are rejected, the bonds will be awarded
to the bidder whose proposal results in the lowest net interest cost
to the Town determined by computing the aggregate amount of interest
payable on all the bonds from their date to their respective maturi-
ties and deducting from such aggregate amount the premium offered,
if any. In addition , to the price bid the purchaser must pay ac-
crued 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 $13,000 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 failure of the bidder to comply with the terms of his
proposal . The check or checks of the bidder whose proposal is ac-
cepted 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 pro-
posal and the name or names of the person or persons making the same,
52
MINUTES OF OCTOBER 27 , 1971 MEETING.
and will ascertain the best bid in accordance with the terms
hereof and certify the same to the Town Council of the Town
of Leesburg , and a representative of the Town Council of the
Town will be present for the purpose of acting upon the recom-
mendation of the Commission as to the best bid ; and the Town
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 .
The bonds will be delivered to the First & Merchants Nat-
ional Bank, in Richmond, Virginia , on December 15 , 1971, or as
soon thereafter as possible . The Town will furnish, without cost
to the purchaser, 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 there-
on without limitation as to rate or amount, and (2) certificates
in form satisfactory to said Attorneys evidencing the proper exe- -
cution 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 of 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 stat-
utes 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 respective offices, is
being contested.
Bidders submitting bids must use the bid form which may be
obtained from the State Commission on Local Debt .
Each proposal should be enclosed in a sealed envelope marked
"Proposal for Town of Leesburg Bonds , " and should be directed to
the Council of the Town of Leesburg, c/o State Commission on Local
Debt , Room 101 Finance Building, Capitol Square , Richmond, Vir-
ginia . "
Further information will be furnished upon application to the
undersigned.
All bids will to received by the Commission for and on be-
half of the Town of Leesburg, in the Commonwealth of Virginia.
•
STATE COMMISSION ON LOCAL DEBT
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 . Sealed •pro-
posals for the purchase of the bonds described in said notice shall
be received and considered pursuant to and in accordance with said
notice.
(3) This resolution shall take effect immediately upon its
adoption by the Council .
On motion of Councilman Wallace, seconded by Councilman Mur-
ray, the following resolution was unanimously adopted:
WHEREAS, the Council has by a resolution duly adopted on
October 27 , 1971, provided for the issuance of $650,000 Public
Improvement Bonds described in the notice hereinafter set forth
and it is necessary , in order to comply with the provisions of
the Public Finance Act of 1958 of Virginia, that the notice here-
inafter set forth shall be published : NOW, THEREFORE,
53
MINUTES OF OCTOBER 27 , 1971 MEETING.
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 notice :
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 October 27 , 1971, pursuant
to the Public Finance Act of 1958 of Virginia , authorized the is-
suance of bonds of the Town of Leesburg of the aggregate princi-
pal amount of $650,000 dated December 1, 1971 and that a certi-
fied 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 re-
spective purposes :
1. Improvement of the combined water supply and
sewage disposal system maintained by the Town
by the construction of sanitary sewers , includ-
r-i ing the acquisition and installation of the
GL equipment , machinery and apparatus required therefor
and the acquisition of the necessary lands or rights
in land. $450 ,000
2. Improvement of public highways in the Town by
the pavement thereof and the construction of
curbs and sidewalks thereon. $100,000
3 . Improvement of the storm water sewer system of
the Town by the construction of additional storm
water sewers , culverts and drains . $100,000
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 .
Dated: October 27 , 1971 .
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. Huntington Harris , member of -the Board of Supervisors, ap-
peared before Council , offering his personal apology for the fact
that only three members of the Board were able to be present for
the meeting set for tonight to discuss subdivision jurisdiction.
He suggested that they try to establish a date to meet after the
election and before the year ends . Councilman Titus and Councilman
Murray both felt it wise to try to meet with the present Board on
this matter since they have met with them previously and they are
familiar with the problem, whereas the new Board would be almost
wholly unfamiliar with it . Mr. Harris said he would endeavor to
work out a date after the election . Mr. Arnold and Mr. Myers were
the other two members present . Mayor Rollins suggested that the
Board set a convenient date and let the Council know and see if they
could not do better next time .
On motion duly seconded, the meeting was adjourned at 9: 10 P.M.
\ Mayor
Clerk of th. Council