HomeMy Public PortalAbout1979_10_10 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 10 , 1979 .
81
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on October 10 , 1979 at 7 : 30 P .M. The meeting was called to order
by the Mayor, with Mr. Tolbert giving the invocation, and followed
with the Salute to the Flag led by Mr. Murray. Present were :
Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell, Jr. ,
G. Dewey Hill , Jr. , Marylou Hill , Walter F. Murray and John W.
Tolbert, Jr. ; also Town Manager John Niccolls, Assistant Manager
Jeffrey H. Minor, Director of Finance Donald O. Taylor and Town
Attorney George M. Martin. Absent from the meeting was Council-
member Glen P . Cole.
The minutes of the regular meeting of September 26 , 1979 were
approved as written.
PUBLIC HEARING ON PROPOSED AMENDMENTS TO BUSINESS LICENSE ORDINANCE :
There being no-one present to speak on the proposed amendments
to the business license ordinance, the Mayor declared this hearing
terminated.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT SINGLE PURPOSE GRANT
CO PREAPPLICATION:
CO There being no-one present to speak on the Community Develop-
ment Single Purpose Grant Preapplication, the Mayor declared this
hearing eliminated.
Q MANAGER'S REPORT:
(1) Mr. Niccolls reported that a written Activity Report was
distributed to Councilmembers on Monday.
(2) Present tonight are Mr. Lawrence B. Wales of Municipal
Advisors, Inc . , our financial consultants, and Mr. George Calvert
of Horner, Barksdale & Co. of Lynchburg, investment brokers and
bankers, who are specialists in municipal bonds. A proposal is
expected from Mr. Calvert ' s firm on the purchase of the $1, 500 , 000
Water Bonds, Series 1979B . Mr. Wales was in touch with the bond
rating agencies today. Standard and Poors continued the BBB+ rating
awarded Leesburg earlier this year on the $5, 000 , 000 bond issue , and
Moody ' s continued its A rating. These ratings were expected and
have no significant impact since they are the same.
( 3) A proposal was received from Tri-County Asphalt to chip-
seal East First Street and a portion of South Harrison Street . This
turned out to be more expensive than overlaying the street with as-
phaltic concrete and I-2 material . The proposal was about $1, 000
cheaper to lay it with the machine . This will give a better end
product and it is hoped to have this work completed within the next
few weeks.
(4) The September financial report was distributed on Monday.
The auditors are progressing on the audit for the fiscal year just
closed. The final report is not expected until November. A major
portion of their time is being spent conducting the general revenue
sharing audit. A supplementary contract is being prepared for future
consideration on examination of the HUD Grant ($957 , 000) which was
originally approved in 1973 and spent out this year. All payments
received from HUD to date have been tentative subject to approval
of the final audit. This is a requirement.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mrs . Hill had received requests from several women to improve
lighting in the walkway from King Street to the parking lot. Mr.
Niccolls had also heard about this today and he will look at it.
Perhaps permission could be obtained from the owners of the build-
ings to place lights on them as well as the large fixture now at
the end of the walkway.
MINUTES OF OCTOBER 10 , 1979 MEETING.
82 79-0-18 - ORDINANCE - AMENDING SECTIONS 17-59 , 17-71, 17-75 AND
REPEALING SECTIONS 17-63, 17-67, 17-68, 17-70
AND 17-73 OF THE TOWN CODE .
Mr. Murray had received some phone calls from lawyers that
were unable to be present for the hearing tonight . They felt that
business licenses should not be used as a means of taxing in order
to raise revenue. Mrs. Hill had also talked with two people - she
had read the appropriate sections of the proposed ordinance to them
and they are not here if they had any objections . Mr. Herrell felt
anyone who objected to this had an opportunity to speak at the hear-
ing tonight - they were not present, so Council should act on this
ordinance. Mr. Niccolls said this is the same rate used by the
County. On checking with Fairfax, it was found they are slightly
lower. On motion of Mr. Herrell, seconded by Mr. Tolbert, the
following ordinance was proposed :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . Sections 17-63 , 17-67 , 17-68 , 17-70 and 17-73
of the Town Code are repealed.
SECTION II . Sections 17-59 , 17-71 and 17-75 are amended
to read as follows:
Sec. 17-59 . Business Service Occupations .
Every person conducting, operating or engaging in any
of the following businesses, trades or occupations in the
town shall pay an annual license tax equal to $20 . 00 plus
0 . 25 percent of his gross receipts in such business, trade
or occupation for the preceding calendar year, the minimum
annual license tax to be $20 . 00 :
(1) Airports.
(2) Artist representative.
( 3) Auto damage appraisal service .
(4) Bid or building.+reporting service .
(5) Blacksmith or wheelwright shops .
(6) Book binder.
( 7) Data processing, computer service .
(8) Dental laboratories.
(9) Drafting service.
(10) Erecting, installing, removing or storing awnings .
(11) Freight traffic bureau or agency.
(12) Hauling or transfer, not in connection with a
taxicab business .
(13) Impounding lot.
(14) Job printing, printing shops, duplicating processes.
(15) Laundry, cleaning, pressing, dyeing establishment.
(16) Leasing of automobiles, trucks and trailers .
(17) Leasing films for compensation.
(18) Letter writing.
(19) Livery stables .
(20) Marine or salvage work .
(21) Mimeographing, multigraphing and related type
service.
( 22) Motion picture film producers, laboratories .
(23) Nickel plating or chromiumizing.
(24) Operating analytical or engineering laboratories .
( 25) Packing, crating, shipping, hauling or moving
goods or chattels for others .
(26) Parking lots.
(27) Photogrammetric engineering.
(28) Photostater.
(29) Plating metals or other materials.
( 30) Private detectives .
( 31) Promotional agents or agency.
(32) Protective agent or agency.
( 33) Public garage.
( 34) Realty multiple listing service.
( 35) Renting or leasing airplanes.
MINUTES OF OCTOBER 10, 1979 MEETING .
( 36) Renting or leasing bicycles . 8 3
(37) Riding schools.
( 38) Royalty and/or franchise firm.
(39) Septic tank cleaning.
(40) Sign painting, window lettering, vehicle lettering.
(41) Storage, all types.
(42) Swimming pool maintenance and management.
(43) Tabulating service.
(44) Towel, linen, coat, apron, uniform laundering
service, including the leasing thereof.
(45) Towing services.
(46) Trade associations .
(47) Tree surgery, trimming, removal .
(48) U-drive-it firm, business.
(49) Vehicular advertising, electric advertising,
business advertising, commercial advertising.
(50) Washing, cleaning, polishing automobiles .
(51) Other business service occupations. (Code 1963 ,
®21-35; Ord. of 4-9-75)
Sec. 17-71. Professional, Specialized Occupations and
Businesses - Gross Receipt Basis.
CD person conducting or engaging in any of the
following professional , specialized occupations and
CU businesses in the municipality shall pay an annual license
�f tax equal to $20 . 00 plus 0 . 33 percent of his gross receipts
Q in such occupation for the preceding calendar year, the
a minimum annual license tax to be $20 . 00 :
(1) Actuary.
(2) Advertising agent, firm.
(3) Animal Hospital .
(4) Appraiser, evaluator of personal property for
others for compensation.
(5) Appraiser, evaluator of real estate for others
S
for compensation.
(6) Architect.
(7) Artist.
( 8) Assayer.
(9) Attorney-at-law.
(10) Atomic energy consultant.
(11) Auditing company or firm.
(12) Blueprinter.
(13) Bookkeeper, public .
(14) Building designer.
(15) Building chance broker.
(16) Business consultant.
(17) Business , financial counselor.
(18) Business operations management.
(19) Certified public accountant.
(20) Chemist.
(21) Collection agent or agency.
(22) Commercial inventory, valuation service.
(23) Commission merchant.
(24) Counselor, family or marriage .
(25) Debt refinancing company, firm.
(26) Dentist.
(27) Economic, social science research service.
(28) Employment agent or agencies.
I/ (29) Engineer.
( 30) Insurance claims adjustor .
(31) Investment advisory service.
(32) Labor arbitrator.
( 33) Labor relations consultant.
( 34) Land, rental agent.
( 35) Landscape designer.
( 36) Language translator.
(37) Lecturer.
( 38) Lumber measurer .
(39) Management engineer.
(40) Manufacturer ' s agent.
MINUTES OF OCTOBER 10 , 1979 MEETING.
84 (41) Marketing research analyst.
(42) Medical doctor.
(43) Mercantile agent, agency.
(44) Operations analyst.
(45) Optician.
(46) Optometrist.
(47) Phsiotherapist.
(48) Psychiatrist.
(49) Psychologist.
( 50) Public relations counselor.
(51) Public stenographer.
(52) Publicity service, furnisher of, booking agent,
concert manager.
(53) Real estate brokers.
(54) Recorder of proceedings in any court, commission
or other organization.
(55) Sales agent, agency.
(56) Sculptor.
(57) Surveyor.
(58) Tax consultant.
(59) Title, abstract company.
(60) Transportation consultant.
(61) Travel bureau, tour agent.
(62) Veterinarian.
Sec . 17-75 . Retail Merchants .
Excepting those who pay a merchants capital tax, the
proceeds of which are received by the municipality, every
person conducting, operating or engaging, as a retail
merchant, in any of the following businesses , trades or
occupations in the municipality shall pay, with a minimum
of $20 . 00 , an annual license tax equal to 0. 1 per cent of
his gross receipts in such business, trade or occupation
for the preceding calendar year :
(1) Aircraft or aircraft parts. t
(2) Antiques .
(3) Automobile, accessory, tire, battery.
(4) Auto .salesmotor vehicle dealers.
(5) Bakeries, caterers .
(6) Reserved.
(7) Bicycles .
(8) Boats , motors .
(9) Books, stationery .
(10) Building materials .
(11) Candy, nut store.
(12) Cigar, tobacco stands , newsstands.
(13) Cleaning equipment, supplies .
(14) Clothing, any and all.
(15) Confectionery.
(16) Custom tailor.
(17) Dairy products .
(18) Delicatessen.
(19) Department stores .
(20) Drapery, custom upholstery.
(21) Drugstores .
(22) Dry goods stores .
(23) Eggs, poultry .
(24) Export and import firms.
(25) Farm equipment.
(26) Filling stations .
(27) Fish, seafood market . I/
(28) Floor covering .
(29) Florists .
(30) Fruit stores, vegetable markets .
(31) Fuel .
( 32) Furniture .
(33) Furriers.
(34) Garden supplies .
(35) General stores .
•
MINUTES OF OCTOBER 10 , 1979 MEETING.
( 36) Gift, novelty, souvenir. 8 5
( 37) Grocery.
( 38) Hardware.
( 39) Heating, plumbing, electrical equipment.
(40) Hog, grain, feed, seed.
(41) Hosiery.
(42) Ice.
(43) Itinerant vendors .
(44) Jewelry .
(45) Livestock dealer.
(46) Luggage.
(47) Lumber goods .
(48) Machinery and equipment.
(49) Meat market.
(50) Men ' s and boy ' s clothing.
(51) Millinery.
(52) Motorcycles.
(53) Musical instruments.
(54) Office, store, appliance supply.
(55) Optical .
(56) Paint, glass , wallpaper.
(57) Pawnbrokers.
CO (58) Peddlers.
(59) Photographic, supply, equipment.
CO (60) Radio or household appliances.
(V (61) Restaurants .
W (62) Scientific, medical supplies .
Q (63) Secondhand stores, other than junk.
Q (64) Shoes.
(65) Soda fountain.
(66) Sporting goods .
(67) Used cars .
(68) Variety stores.
(69) Workmen ' s clothing.
(70) Other retail stores and retail merchants .
SECTION III . This ordinance shall be in effect upon its
passage.
Mr. William McDonald understood this is proposed to put so-called
professionals on a gross receipts basis rather than a flat fee.
Mayor Rollins pointed out that this is being done as a result of
legislation adopted by the General Assembly - they eliminated a
flat fee for occupations over $30 . 00 . This is the same rate charged
by the County. Mr. McDonald understood that the method of computing
gross receipts was to be changed to include all the money they handle
as gross . Mayor Rollins said it would be based only on what he him-
self would receive, not on what he handles. Mr. Murray said this
was the question by some of the real estate brokers too. Mr . Hill
was under the impression that, if we do not bring our fees up to
those charged by the County, then they can collect enough to make
it up to their fee. Mayor Rollins said there is a special statute
concerning automobile licenses, but he did not feel this was the
case with regard to business licenses. Mr. Taylor said if we don 't
have such a fee on our books, the County can assess it. Mr. Hill
asked if the total gross is defined in the ordinance? Mr. Niccolls
said this is defined in sections of the ordinance not being amended.
Mayor Rollins asked if the Town sends out forms to the businesses?
Mr. Niccolls said it does, in fact, a widespread effort is made to
find those businesses who may not be aware of this license fee.
He suggested that perhaps a taxpayer information sheet might be in-
cluded with the forms for those who have not paid on this basis here-
tofore. The ordinance was adopted by a vote of 5 to l : abstention:
Aye : Councilmembers Herrell, D. Hill , M. Hill, Murray and
Tolbert.
Nay: None .
Abstention : Mayor Rollins .
MINUTES OF OCTOBER 10 , 1979 MEETING.
86 79-0-19 - ORDINANCE - AMENDING SECTIONS 7-387, 10-150, 10-161
AND 10-162 OF THE TOWN CODE REGARDING
PENALTIES FOR OBSTRUCTING FIRE LANES,
HYDRANTS AND ENTRANCES TO FIRE AND RES-
CUE STATIONS.
On motion of Mrs . Hill, seconded by Mr. Herrell , the follow-
ing ordinance was proposed :
ORDIAANED by the Council of the Town of Leesburg, Virginia,
as follows:
SECTION I . Sections 7-387, 10-150 , 10-161 and 10-162 of
the Town Code are amended to read as follows :
Sec. 7-387 . Parking in or obstructing fire lanes.
(a) The parking of vehicles in or otherwise obstruct-
ing areas designated and marked or signed under this article
is hereby prohibited.
(b) Any person violating the provisions of this section
shall, upon conviction thereof, be punished by a fine of not
less than twenty-five dollars nor more than fifty dollars
for each offense.
(c) Any person may settle and compromise a violation
of this section by paying to the municipality the sum of
twenty-five dollars before the next court date, which dates
are on the first and third Mondays of each month at 2 :00 p.m.
Sec. 10-150 . Parking prohibited in specific places .
(a) No person shall park a vehicle, except when neces-
sary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control
device, in any of the following places :
(1) On a sidewalk;
(2) In front of a public or private driveway;
( 3) Within an intersection;
(4) Within 15 feet of a fire hydrant;
(5) On a crosswalk;
(6) Within 20 feet of a crosswalk at an intersection;
(7) Within 30 feet upon the approach to any flashing
beacon, stop sign or traffic-control signal lo-
cated at the side of a roadway;
(8) Between a safety zone and the adjacent curb or
within 30 feet of points on the curb immediately
opposite the ends of a safety zone, unless a dif-
ferent length is indicated by the official signs
or markings ;
(9) Within 50 feet of the nearest rail of a railroad
grade crossing;
(10) Within 20 feet of the driveway entrance to any
fire or rescue station and on the side of the
street opposite the entrance to any fire or res-
cue station or within 75 feet of the entrance
when properly signposted;
(11) Alongside or opposite any street excavation or
obstruction when such parking would obstruct
traffic ;
(12) On the roadway side of any vehicle parked at the
edge of a curb of a street;
(13) Upon any bridge or other elevated structure upon
a street or highway, or within a tunnel;
(14) At any place where official signs prohibit parking; .
(15) Alongside any section or portion of a curb which
is painted yellow.
(b) No person other than a police officer shall move a
vehicle into any such prohibited area or away from a curb
such a distance as is unlawful .
MINUTES OF OCTOBER 10 , 1979 MEETING. o
Sec . 10-161. Penalties for violation of division. 8 7
(a) Unless otherwise provided, any person violating
the provisions of this division or any parking regulation
promulgated pursuant to this division shall, upon conviction
thereof, be punished by a fine of not less than five dollars
nor more than twenty-five dollars for each offense.
(b) Any person violating the provisions of Subsection
10-150 (a) (4) or Subsection 10-150 (a) (10) of this divi-
sion shall, upon conviction thereof, be punished by a fine
of not less than twenty-five dollars nor more than fifty dol-
lars for each offense.
Sec. 10-162 . Settlement and compromise of charges for certain
parking violations .
(a) Any person accused of parking in a metered area
without putting a coin in the meter to cover the required
time may settle and compromise the charge against him for
such illegal parking by inserting two dollars in the enve-
lope provided for such purpose and depositing the same at
CD such location as prescribed on said envelope by 12 : 00 noon
CD of the next calendar day following the day of the violation
N or by paying to the town the sum of five dollars before the
second district court date from the day of violation, which
W court dates are on the first and third Mondays of each month
Q at 2 : 00 p.m.
Q After the second court date from the day of violation
has passed and the violation remains unsettled, the person
accused may settle the violation by paying the sum of ten
dollars to the town.
Unless otherwise provided, violations of any provision
of this chapter, may be compromised by paying to the town
the sum of five dollars before the second district court
date from the day of violation, which dates are on the first
and third Mondays of each month at 2 : 00 p.m. Violations of
Subsection 10-150 (a) (4) may be compromised in an identical
matter upon payment of the sum of twenty-five dollars to the
town.
This subsection shall not be construed to apply to per-
sons parking their vehicles so as to obstruct the entrance
or exit of any place where police or fire department appara-
tus or other emergency equipment is kept or housed or so as
to block an emergency entrance to a hospital, nor shall it
apply to any person charged with parking a vehicle so as to
entirely obstruct traffic in any street or alley, or parking
in such a way as to reduce traffic on an arterial street to
one-way traffic only , nor to any person who refuses to remove
a vehicle illegally parked at the request of any member of
the police department .
(b) A receipt shall be issued for all money received
pursuant to this section and such money shall be promptly
turned over to the Director of Finance to be used in the
manner provided for the disposition of fines for traffic
violations.
SECTION II . This ordinance shall be in effect upon its pas-
sage.
Mrs. Hill explained that this was referred back to committee from
the last meeting. The fine for parking in or obstructing a fire
lane was raised to $25 . 00 and not more than $50 . 00 . This is the
same as the County ' s fine. The ordinance was unanimously adopted:
Aye: Councilmembers Herrell, D. Hill , M. ' Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
oO MINUTES OF OCTOBER 10, 1979 MEETING.
0o DISCUSSION RE $1 , 500 , 000 BOND ISSUE:
Mr. Lawrence B. Wales of Municipal Advisors, Inc . , financial
consultants, called attention to and explained changes to be made
in the draft of the Proof of Prospectus for 44 ?Rd 4488p. .0 He
reviewed what has taken place on the money market and?the bona mar-
ket since Sunday night when the Federal Reserve raised its discount
rate from 11 to 12 percent. On Tuesday morning, Citibank raised its
prime rates from 13 to 14 percent. The bond market moved up;.to
6-3/4 to 7 percent. He cited specific instances of large bond is-
sues on the market last week, where only a portion of the bonds
were sold. No-one seems to know the level of the market at this
time . In view of this , Horner, Barksdale & Co. has asked another
underwriter to join with them in this bid.
Mr. George Calvert, of Horner, Barksdale & Co. , Lynchburg, Vir-
ginia, stated that this firm is the only one in Virginia that de-
votes 100 percent of its time to the tax-exempt bond market. They
have talked with virtually all of the retail bond buyers inVir-
ginia and some professionals say they have not seen interest rates
as they have been in the last week in their entire careers . The
firm of Craigie, Incorporated has been invited to submit this bid
along with them. He submitted a bid of 7 . 375 (or 7-3/8) percent.
They would expect to sell these bonds to retail investors at prices
ranging from 7 . 2 to 7-3/8 percent. They have a bid of par and a
$130 premium, with all the coupons at 7-3/8 percent.
Mr. Wales explained to Council how this issue fits into the
$5, 150 , 000 issue. Combining the two issues, the overall net in-
terest cost would be 6 . 4609 . The estimates for construction of
the project came in at $1, 500, 000 more than estimated, so the
town. has to go back to market to get this money in order to com-
plete the project. The alternatives are to accept this bid tonight
or to reject it, and wait until the money is needed to see how the
market is at that time . If it is too high at that time, the money
could be short-termed until they feel the market is at an appro-
priate level . He was concerned about having a project that has
been bid and awarded and not having the funds to complete it. If
this bid is accepted tonight and if the market improves in a year
or two to a point that the town would want to go to the market,
these maturities could be refinanced at the lower rates at a very
modest cost.
Mr. Niccolls explained that this slightly higher interest rate
would be something less than $10, 000 per year more than anticipated.
This is roughly 3 cents per thousand on the utility rate, so it is
not a significant amount on an annual basis . Mr. Taylor said that
an investment yesterday was made at 11. 55 percent, an increase of
almost one-half percent overnight. Mr. Niccolls said there is also
the possibility of refunding some of these issues that appear now
to be at excessively high interest rates, whereby the town could
issue new bonds at lower rates and set that money aside and in-
vest it at the same rate.
Mr. Wales felt that, since the town has this obligation and
a signed contract, the town must get this money in and hope that
in a year or two or more, there will be an opportunity to replace
this money with cheaper money. Mr. Herrell was not in favor of
going ahead with the project if we don 't have enough money to pay
for it. Mr. Hill asked if there was a chance of getting a lower
rate if they reject this rate tonight and go to the market- place?
Mr. Wales did not think we would have gotten a. bid,:tonight at all
if we had done this . These bidders are willing to take the risk
that these bonds might not all be sold. They cannot be settled for
45 days because we have to file the resolution with the Court and
it has to sit there for that length of time before they can be settled .
However, there is a good faith check in the amount of $30 , 000 .
Mr. Niccolls explained that there are two resolutions delivered
by the bond attorneys today. The first authorizes the issue and the
second makes the award. These are in the same form as those adopted
in connection with the $5, 150 , 000 bond issue.
MINUTES OF OCTOBER 10 , 1979 MEETING . 8 9
79-141 - RESOLUTION - AUTHORIZING THE ISSUANCE AND SALE OF $1 , 500 ,0000
WATER BONDS , SERIES OF 1979B, OF THE TOWN OF
LEESBURG, VIRGINIA, HERETOFORE AUTHORIZED, AND
PROVIDING FOR THE FORM, DETAILS AND PAYMENT
THEREOF .
On motion of Mr. Herrell, seconded by Mr. Tolbert, the following
resolution was proposed:
WHEREAS, the issuance of general obligation bonds of the
Town of Leesburg, Virginia, in an amount not to exceed
$1, 500 , 000 was authorized by an ordinance adopted by the
Council of the Town of Leesburg on September 12, 1979 , to
provide funds, together with other funds that may be avail-
able, to improve and enlarge the Town ' s water system, in-
cluding construction of a water intake structure, filtration
and treatment plant, storage facility, pumping station and
transmission mains ; and
WHEREAS, none of such bonds have been issued and sold:
CD BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LEESBURG,
CO VIRGINIA:
N 1 . There are hereby authorized to be issued and sold
1.1.1 $1, 500, 000 general obligation water bonds of the Town of
Q Leesburg, Virginia.
Q 2 . The bonds shall be coupon bonds without privilege of
registration, shall be designated "Water Bonds , Series of
1979B, " shall be dated November 1, 1979 , shall be of the
denomination of $5, 000 each, shall be numbered from 1 to
300, inclusive, and shall mature in installments of $300 , 000
on May 1 in each of the years 2005 to 2009 , inclusive. The
bonds shall bear interest at such rate or rates as deter-
, mined at the time of sale , payable semi-annually on May 1
and November 1. Both principal and interest shall be pay-
able in lawful money of the United States of America at
the principal office of First & Merchants National Bank,
Richmond, Virginia . or Chase Manhattan Bank, N.A. , New
York, New York, at the option of bearer.
3. The bonds are subject to redemption prior to ma-
turity at the option of the Town on or after May 1, 1989 ,
in whole at any time or in part on any interest payment date,
upon payment of the principal amount of the bonds to be re-
deemed, plus interest accrued and unpaid to the redemption
date and a redemption premium of one-quarter of one percent
(1/4 of 1%) of such principal amount for each six month per-
iod, or part thereof, between the redemption date and the
stated maturity date of the bonds to be redeemed, provided
that the redemption premium shall not exceed 3% of such
principal amount. If less than all of the bonds are called
for redemption, the bonds to be redeemed shall be selected by
the Director of Finance in such manner as he may determine
to be in the best interest of the Town. The Town Council
shall cause notice of the callfor redemption identifying
the bonds to be redeemed to be published twice in both a
financial journal published in the City of New York, New
York, and in the City of Richmond, Virginia, the first pub-
lications of which shall appear not less than 30 nor more
than 60 days prior to the redemption date.
(4) The bonds shall be signed by the facsimile signa-
ture of the Mayor of the Town of Leesburg , shall be counter-
signed by its Clerk and a facsimile of its seal shall be
printed on the bonds . The coupons attached to the bonds
shall be authenticated by the facsimile signatures of the
Mayor and the Clerk.
MINUTES OF OCTOBER 10 , 1979 MEETING.
90
-5. The bonds . and coupons shall '.be..in ..sub§taritially the
following form:
(FORM OF BOND)
No. $5, 000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
TOWN OF LEESBURG
Water Bond, Series of 1979B
The Town of Leesburg, Virginia, for value received,
hereby acknowledges itself indebted and promises to pay to
bearer upon presentation and surrender hereof the principal
sum of
FIVE THOUSAND DOLLARS ( $5 , 000)
on May 1, 200 , and to pay interest thereon from the date
hereof until payment at the rate of percent ( %)
per year, payable semiannually on May 1 and November 1
upon presentation and surrender of the attached coupons
as they become due. Both principal of and interest on
this bond are payable in lawful money of the United
States of America at the principal office of First & Mer-
chants National Bank, Richmond, Virginia, or Chase Man-
hattan Bank, N.A. , New York, New York, at the option of
bearer.
This bond is one of an issue of $1, 500 , 000 water bonds
of like date and tenor, except as to number, rate of inter-
est and maturity, authorized by ordinance duly adopted by
the Council of the Town of Leesburg on September 12, 1979 ,
and is issued pursuant to the Constitution and statutes of
the Commonwealth of Virginia, including the Town Charter
(Chapter 433, Acts of Assembly of 1962 , as amended) and
the Public Finance Act as amended, to provide funds, to-
gether with other available funds , to finance improvements
and enlargements to the Town ' s water system.
The bonds are subject to redemption prior to maturity
at the option of the Town on or after May 1, 1989 , in whole
at any time or in part on any interest payment date, upon
payment of the principal amount of the bonds to be redeemed
plus interest accrued and unpaid to the redemption date and
a redemption premium of one-quarter of one percent (1/4 of 1%)
of such principal amount for each six month period, or part
thereof, between the redemption date and the stated maturity
date of the bonds to be redeemed, provided that the redemption
premium shall not exceed 3% of such principal amount. If
less than all of the bonds are called forredemption, the
bonds to be redeemed shall be selected by the Director of
Finance in such manner as he may determine to be in the best
interest of the Town. The Town Council shall cause notice
of the call for redemption identifying the bonds to be re-
deemed to be published twice in both a financial journal pub-.i
lished in the City of New York, New York, and in a newspaper
of general circulation published in the City of Richmond, Vir-
rginia,the first publications of which shall appear not less
than 30 nor more than 60 days prior to the redemption date.
The full faith and credit of the Town of Leesburg are
hereby irrevocably pledged for the payment of principal of
and interest on this bond.
All acts, conditions and things required by the Consti-
tution and statutes of the Commonwealth of Virginia to happen,
MINUTES OF OCTOBER 10 , 1979 MEETING.
9 1
exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and
the issue of bonds of which this bond is one, together with
all other indebtedness to the Town of Leesburg, is within
every debt and other limit prescribed by the Constitution
and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Town of Leesburg, Virginia,
has caused this bond to be signed by the facsimile signa-
ture of its Mayor , to be countersigned by its Clerk, a
facsimile of its seal to be printed hereon, the attached
coupons to be authenticated by the facsimile signatures of
its Mayor and Clerk, and this bond to be dated November 1,
1979 .
COUNTERSIGNED:
(SEAL
Clerk, Town of Leesburg, Mayor, Town of Leesburg.
Virginia Virginia
(FORM OF COUPON)
CD No.
CO May
CO On November 1 , , unless the bond to which this
W coupon is attached has been duly called for prior redemp-
tion and provision made for payment thereof, the Town of
Q Leesburg, Virginia, will pay to bearer the sum of
Dollars ($ ) in lawful
money of the United States of America at the principal of-
fice of First & Merchants National Bank, Richmond, Vir-
tinia, or Chase Manhattan Bank, N. A. , New York, New York,
at the option of bearer, being the semiannual interest then
due on its Water Bond, Series of 1979B, dated November 1,
1979 , and numbered
SEAL)
Clerk Town of Leesburg, Mayor, Town of Leesburg,
Virginia Virginia
6 . The full faith and credit of the Town of Leesburg
are hereby irrevocably pledged for the payment of principal
of and interest on the bonds . There shall be levied and
collected annually on all locally taxable property in the
Town an ad valorem tax over and above all other taxes au-
thorized or limited by law sufficient to pay such principal
and interest as the same respectively become due and payable .
7 . The Town Manager, in collaboration with Municipal
Advisors, Incorporated, the Town ' s financial advisor, is
hereby authorized and directed to take all proper steps to
sell the bonds.
8 . The printer ' s proof of a Prospectus describing the
bonds, copies of which have been provided each member of
the Town Council, is hereby approved as the Prospectus of
the Town. The Town Manager may make such changes in the
proof of the Prospectus not inconsistent with this resolu-
tion as he may consider in the best interest of the Town.
The Prospectus shall then be printed and copies provided
to prospective purchasers of the bonds. Following the a-
ward of the bonds , the Town Manager shall arrange for the
delivery to the purchasers of the bonds of up to 100 copies
of the Prospectus to be delivered to the persons to whom
such purchasers and members of their underwriting group,
if any, initially sell the bonds .
9 . After the bonds have been awarded the Town Manager,
the Mayor and the Clerk are hereby authorized and directed
to take all proper steps to have the bonds prepared and exe-
cuted in accordance with their terms and to deliver the
bonds to the purchasers thereof upon payment therefor.
92 MINUTES OF OCTOBER 10 , 1979 MEETING.
10 . Such officers of the Town of Leesburg as may
be requested are hereby authorized to execute an appro-
priate certificate setting forth the expected use and
investment of the proceeds of the bonds issued pursuant
hereto in order to show that such expected use and in-
vestment will not violate the provisions of 14103 (c) of
the Internal Revenue Code of 1954 , as amended, and regu-
lations issued pursuant thereto, applicable to "arbitrage
bonds . " Such certificate shall be in such form as may be
requested by bond counsel for the Town.
11. The Clerk is hereby authorized and directed to
see to the immediate filing of a certified copy of this
resolution with the Circuit Court of Loudoun County and
within ten days thereafter to cause to be published once
in a newspaper of general circulation in the Town of Lees-
burg a notice setting forth (1) in brief and general terms
the purpose for which the bonds are to be issued and (2)
the amount of such bonds .
12 . The Town Council agrees not to sell any general
obligation bonds of the Town during the next six months
following the sale of the bonds without the consent of the
managing underwriter of the bonds.
13 . All resolutions or parts of resolutions in con-
flict herewith are hereby repealed.
14 . This resolution shall take effect immediately.
Mr. Hill said we should certainly have the money for the project.
He will be looking to renegotiation or refinancing it in the fu-
ture. He had in mind a top of 7 percent. Mr. Murray asked if
anyone thinks the interest rates will continue to climb..as they
have in the last week? Mr. Wales felt that, unless things turn
around abruptly, they will continue to climb. The President, in
his speech last night, indicated so. Mr. Murray could not see
who is going to buy all the houses that are being constructed at
the present interest rates. Perhaps we have over-estimated our
ability to foot the bill for our water rates, etc . Mayor Rollins
said there will come a time when it will' "grind things to a halt. "
Mr. Herrell felt this is based on the ability of people to pay.
The resolution was unanimously adopted :
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tol-
bert and Mayor Rollins .
Nay: None.
79-142 - RESOLUTION - AUTHORIZING AWARD OF SALE OF $1, 500 , 000 WATER
BONDS, SERIES 1979B, OF THE TOWN OF LEESBURG,
VIRGINIA, TO HORNER, BARKSDALE & CO.
On motion of Mr. Murray, seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted:
BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF LEESBURG,
VIRGINIA:
1 . $1, 500 , 000 Water Bonds, Series of 1979B, the form
and details of which have heretofore been prescribed by
resolution adopted on October 10 , 1979 , be and the same
are hereby awarded to Horner, Barksdale & Co. in accord-
ance with the terms of their offer and shall bear inter-
est as set out in such offer.
2 . The Mayor or Town Manager are hereby authorized to
execute the acceptance of such offer appearing thereon.
Aye: Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
MINUTES OF OCTOBER 10 , 1979 MEETING.
79-143 - RESOLUTION - AUTHORIZING PREAPPLICATIONS FOR COMMUNITY 3
DEVELOPMENT SMALL CITIES SINGLE PURPOSE
GRANT FUNDS.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
The manager is authorized and directed to file preappli-
cations with the Department of Housing and Urban Develop-
ment for community development small cities funds for the
following projects :
(1) Waverly Heights storm drainage facilities;
(2) Curb, gutter and sidewalk for Fairview Subdivision;
( 3) A neighborhood park adjacent to Loudoun House
Apartments.
Mayor Rollins asked just what is meant by a "neighborhood park?"
Mr. Niccolls said it is proposed to buy a site near Loudoun House
CO and construct an active play facility; ... - this would be bought from
CO Mr. John A. Wallace, Sr. . Mr. Hill asked if it will contain a
N swimming pool? Mr. Niccolls said No. The question was also asked
W who would supervise this park? Mr. Niccolls said the most practi-
cal approach would be an agreement with the County to operate
Q the recreational faci.lities, just as the tennis courts are done.
Q The resolution was unanimously adopted:
Aye: Councilmembers Herrell, D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay : None .
PROPOSED RESOLUTION AUTHORIZING CONTRACT WITH MANAGEMENT IMPROVEMENT
CORPORATION OF AMERICA FOR CONSULTANT SERVICES .
On motion of Mrs. Hill, seconded by Mr. Herrell, a resolution
authorizing a contract with Management Improvement Corporation of
America' foxconsultant services was proposed. After discussion on
this matter, a roll call vote showed a tie vote, which defeated the
resolution:
Aye : Councilmembers Herrell, M. Hill and Tolbert.
Nay : Councilmembers D. Hill, Murray and Mayor Rollins .
It was suggested that it be placed on the Finance Committee agenda
for further discussion at its next meeting.
79-144 - RESOLUTION - WAIVING BOND REQUIREMENTS FOR LOUDOUN COUNTY
COURTS COMPLEX.
On motion of Mr. Murray, seconded by Mrs . Hill , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Vir-
ginia, as follows:
The bonding requirements and site plan fees provided for
in Chapter 13 of the Town Code, Subdivision and Land De-
velopment Regulations, are hereby. waived for the construc-
tion of the Loudoun County Courts Complex.
Mayor Rollins asked why we waive this for the County and not for
others? It was explained that they do the same for the town -
they just waived the building permit for the Potomac River Water
Project. It was explained that the Planning Commission has re-
viewed these plans . There will be an addition between the two
old buildings and an addition to the rear; also a parking lot
revision and two driveway connections. These plans have been
approved by the Board of Architectural Review. The resolution
was unanimously adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay : None.
MINUTES OF OCTOBER 10 , 1979 MEETING.
94 79-145 - RESOLUTION - REVOKING A FRANCHISE WITH TRANSAMERICAN
AIRPORTS, INC . FOR THE OPERATION OF A COM-
MUNITY ANTENNA SYSTEM AND CLOSED CIRCUIT
TELEVISION TRANSMISSION SERVICE.
On motion of Mr. Murray, seconded by Mr. Hill, the following
resolution was proposed :
WHEREAS , a franchise for a community antenna system service
and closed circuit television transmission service was granted
to TransAmerican Airports, Inc. , herein referred to as Trans-
American, on March 11, 1970 ; and
WHEREAS, TransAmerican does not now have a certificate of
compliance with the Federal Communications Commission nor
has TransAmerican filed for Federal Communications Commis-
sion registration under its revised rules ; and
WHEREAS, TransAmerican has removed its facilities and equip-
ment to the extent that it does not operate a cable television
system as defined by the Code of Virginia, 1950 , as amended,
or Federal Communication Commission Regulations; and
WHEREAS , Section 9 of the franchise granted to TransAmerican
provides " . . . in the event of future removal of said equip-
ment, said franchise shall immediately revert to the town and
be automatically cancelled" :
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows : -
SECTION .I. Effective- immediately, the franchise granted to
TransAmerican, dated March 11, 1970 for operation of a com-
munity antenna system service and closed circuit television
transmission service is hereby revoked and cancelled pur-
suant to SEC. 9 ( 3) of said franchise.
SECTION II . The manager is authorized and directed to advise
TransAmerican of this action.
•
Mayor Rollins asked the status of the proposed new cablevision
franchise? It was explained by Mr. Niccolls that the draft docu-
ments have been copied out to Councilmembers and to those pro-
ponents who came to Council several months ago for review. It is
expected that this will come before Council for action at its first
meeting in November. The resolution was unanimously adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay: None.
PROPOSED RESOLUTION AUTHORIZING AN AGREEMENT WITH CENTURY AVIA-
TION, INC. REGARDING T-HANGAR CONSTRUCTION .
On motion of Mrs . Hill , seconded by Mr. Tolbert, a resolution
authorizing an agreement with Century. Aviation, Inc . regarding
t-hangar construction was proposed. Mrs. Hill called to attention
the fact that there is no completion date in the agreement. After
explanation by Mr. Minor and discussion by Council, on motion of
Mr. Herrell, seconded by Mrs . Hill , Council voted unanimously to
send this resolution back to Finance and Administration Committee
for discussion of a completion date:
• Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None .
79-146 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE BOND METHOD FOR THE LOUDOUN
MEMORIAL HOSPITAL. LONG-TERM CARE FACILITY .
On motion made and duly seconded, the following resolution
was proposed:
MINUTES OF OCTOBER 10, 1979 MEETING . n
WHEREAS , the Planning Commission on October 4 , 1979 , ap- 9
proved the Preliminary Site Plan for improvements for
Loudoun Memorial Hospital ' s proposed long-term care fa-
cility; and
WHEREAS, Loudoun Memorial Hospital requires its general
contractor on the project, Howard Shockey and Sons, Inc . ,
Post Office Box 2530, Winchester, Virginia 22601, to pro-
vide a performance bond guaranteeing completion of the
project in strict conformity with approved plans ; and
WHEREAS, the Director of Engineering has approved the
construction drawings and a $48, 653 . 00 cost estimate for
public improvements for the project;
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
in Virginia, as follows :
The manager is authorized and directed to execute the stand-
ard agreement for installation of public improvements for
the Loudoun Memorial Hospital Long-Term Care Facility site
plan provided (1) the contract is executed both by the
Q) hospital and its contractor; (2) the bond of Howard Shockey
CD and Sons, Inc. , names the town as the beneficiary for in-
Cd stallation of required public improvements and ( 3) the forms
W of the contract and bond are approved by the Town Attorney.
Q Mr. Niccolls said he spoke with the contractor and with the Hospital
Q Administrator today about this arrangement. It is specifically au-
thorized in State law. Mr. Larson submitted a letter today re-
questing that this arrangement be made. This represents a way
for the Hospital to save money and provides the Town with 100 per-
cent surety bonding. It is a little different form of bonding,
but he did not feel it is unusual or risky. Mayor Rollins asked
Mr. Larson what will happen to the existing dirt road going up to
the tank since the new entrance to this facility will be going
down to Old Waterford Road? Mr. Niccolls replied that it will be
abandoned - we own a parcel of land with a right-of-way that goes
out to Old Waterford Road for a water main. The road itself is
owned by the Hospital . Mr. Larson said the new road will be as-
phalt - this will be access to the tank and to the new parking
facilities. Mayor Rollins asked what they are going to do with
the land between the new road and Gibson Street? Mr. Larson said
this will be grassed in where the gravel road is now.
Mayor Rollins asked what is proposed by the Board of Directors
concerning the closing of Ayr Street? Mr . Larson said this was
closed in order to provide more parking spaces - the State re-
quires parking on site for employees . They agreed to take another
look at it after this construction is completed. Mayor Rollins
also asked what is proposed for the existing building? Mr. Larson
said it has been given a Certificate of Need for a 12-bed psychi-
atric unit in the newest portion of it. The cardiac exercise lab
is already over there and a portion of the building will be used
for storage.
Mayor Rollins asked if a check has been made concerning the
water and sewer mains? Mr. Niccolls said the only dedicated main
runs from the water tower down to Gibson Street and to Old Water-
ford Road. All other mains and storm sewer structures are their
property . Except for the storm sewer system, they form no integral
loops or connections to our system. Mr. Larson said they assume
responsibility for these lines, but they keep an open mind con-
cerning this for the future. Both Mayor Rollins and Mr. Hill felt
these lines should be dedicated to the town. Mr. Hill said the
town is in the process of checking infiltration into its system
and it is imperative that we correct this before it gets to the
sewer plant. He asked if the Hospital is prepared to certify to
the town that these lines meet the town ' s requirements insofar
as infiltration/inflow is concerned? It was his understanding
that these lines were designed to handle the watershed and that
they would be dedicated to the town in the future. Mr. Larson
MINUTES OF OCTOBER 10 , 1979 MEETING.
96
was not prepared to answer this question. Mayor Rollins felt
these lines should be dedicated for the hospital ' s benefit as
well as the town ' s . He also hoped any new lines would be dedi-
cated. Mr. Niccolls said there will be no new ones - they will
be tying into their system. Mr. Larson said he would pursue this
with the Board. The resolution was unanimously adopted:
Aye : Councilmembers Herrell , D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None .
79-147 - RESOLUTION - AUTHORIZING A CONTRACT WITH PITOMETER
' ASSOCIATES FOR A WATER LEAKAGE SURVEY AND
MAKING AN APPROPRIATION.
On motion of Mr. Herrell, seconded by Mr . Hill , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The manager is authorized and directed to enter
into a contract with the Pitometer Associates, 100 Church
St. , New York, New York 10007 , for water system leakage sur-
vey services described in a September 4 , 1979 proposal to
the Director of Public Works at a cost not to exceed $8 , 200.
SECTION II . An appropriation is made from the Utility Fund
to Account No. 20100 . 250 , Utility Lines Operations , Expert
Services, in the amount of $8 , 200 for the fiscal year end-
ing June 30 , 1980 .
Mr. Hill asked if this covers the entire system? Mr. Niccolls
said it does . Mayor Rollins asked if this goes beyond the town' s
lines into the homes? Mr. Niccolls said No, our measurements will
be based on the metered water. It will have no effect from the
meter into the house. It is estimated that it will take 90 days
to do this work, but it will not be scheduled until the new cal-
endar
year because of their backlog of work . The resolution was
unanimously adopted:
Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins.
Nay : None.
Mr. Herrell felt the Manager should follow up with a letter
to Mr. Larson to get the Board ' s feeling concerning the future
dedication of the water and sewer lines. It was felt that the
town should have control over these lines. Mrs. Hill said Mr.
Larson had agreed to a pedestrian gate at the Planning Commission
level .
79-148 - RESOLUTION - AUTHORIZING A CONTRACT FOR ENGINEERING:: SER-
VICES FOR DESIGN OF PHASE IV STORM DRAIN-
AGE IMPROVEMENTS AND MAKING AN APPROPRIATION.
On motion of Mrs . Hill , seconded by Mr. Murray, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The Town Manager is authorized and directed to
enter into a contract with Bengtson, DeBell and Elkin, Inc.
of Centreville, Virginia for engineering design of Phase IV
storm drainage improvements on Town Branch, as outlined in
that firm' s proposal #79-71 dated September 26 , 1979 , at
a cost not to exceed $29 , 500 .
SECTION II . An appropriation is made from the General Fund
to Account Number 10110 . 854 in the amount of $29 , 500 for
the fiscal year ending June 30 , 1980 .
MINUTES OF OCTOBER 10 , 1979 MEETING.
Mr. Niccolls explained that this will be from just below Hirst '
up to the Town Shop. It will include design of the channel and
a bridge structure for King Street to cross over Town Branch.
Mayor Rollins asked if there was any funding on this segment?
Mr. Niccolls explained that we tried under the Community Develop-
ment Grant last year, but it was not granted. He knew of no other
Federal funding available for this type of flood control . Mayor
Rollins asked if a decision would be made in the design for either
an open or closed structure? Mr. Niccolls thought this decision
was made last year. There is $180 , 000 in this year ' s budget to
start construction of these improvements. The resolution was
unanimously adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
79-149 - RESOLUTION - ACCEPTING DEED OF GIFT FROM SORENSEN
CONSTRUCTION CORPORATION.
On motion of Mrs. Hill, seconded by Mr. Murray, the follow-
ing resolution was proposed :
CO WHEREAS, storm sewer easements through Parcel A (outlot)
of Andover Meadow Subdivision are required for the Fair-
(V view Subdivision Storm Drainage Improvements, and
W
Q WHEREAS, the required easement was requested from the
owners, Sorensen Construction Corporation, and
WHEREAS, Sorensen Construction Corporation, in lieu of
providing the required easements, offered to deed that
parcel of property to the town if the town provided a
certified appraisal of the lot, and
WHEREAS, an appraisal in the amount of $8 , 500 was secured
' and delivered to Sorensen Construction Corporation, and
WHEREAS, the deed of gift has been signed and delivered to
the Town of Leesburg;
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The deed of gift made the 5th day of October,
1979 by and between Sorensen., Construction Corporation
and the Town of Leesburg transferring ownership of Parcel
A (outlot) of Andover Meadow Subdivision is hereby accepted.
SECTION II . The Town Manager is directed to forward a copy
of this resolution to Sorensen Construction Corporation,
along with an expression of appreciation by the town.
Mr. Niccolls explained that this is on the west side right next
to the well and runs back to the Hutchison land. It has storm
sewer and sanitary sewer on it now. The resolution was unani-
mously adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins.
Nay : None.
79-150 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH V.W.V.
UTILITY CONSTRUCTION, INC. FOR FAIRVIEW
SUBDIVISION STORM DRAINAGE IMPROVEMENTS .
On motion of Mr. Herrell, seconded by Mr. Tolbert, the fol-
lowing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
n o MINUTES OF OCTOBER 10, 1979 MEETING.
9 8 SECTION I . The Town Manager is authorized and directed to
enter into a lump-sum agreement with V.W.V- Utility. Con-
struction, Inc. , P. O. Box 264 , Chantilly, Virginia 22021
for Fairview Subdivision storm drainage improvements in
accordance with contract documents, plans and specifications
prepared September, 1979 by Bengtson, DeBell and Elkin, Inc.
and the lump-sum bid submitted October 1, 1979 by V.W.V.
Utility Construction, Inc. at a contract price of $98 , 750 .
SECTION II . An appropriation from the General Fund in the
amount of $98 , 750 is made to Account Number 10110 . 853,
Fairview Subdivision Storm Drainage, for the fiscal year
ending June 30 , 1980 .
SECTION III. This resolution shall become effective after
approval of the contract by the U. S . Department of Housing
and Urban Development.
Mr. Niccolls said $81, 200 for this work will come from a HUD Grant
and the balance has been budgeted. Mr. Minor explained how we ob-
tain the grant funds and how we pay for this project. Mr . Niccolls •
said there are three easements involved, all of which are on the
Agenda tonight, and all of which were given at no cost to the town.
This project takes it to the edge of the Hutchison property and
stops at Peer ' s new subdivision, where he will pick it up and carry
it down to the intersection. The resolution was unanimously adopted:
Aye: Councilmembers Herrell, D. Hill , M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-151 - RESOLUTION - ACCEPTING DEED OF EASEMENT FROM W. H . AND
E. V. PEER FOR STORM DRAINAGE SYSTEM.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the follow-
ing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Deed of Easement made the 2nd day of October, 1979 , by
and between W. H. and E. V. Peer and the Town of Leesburg,
for the construction, reconstruction, maintenance, replace-
ment or repair, use and inspection of a storm drain or storm
sewer, including necessary appurtenances, of such character
and sufficient size within the limit of said easement as to
provide a proper and adequate outlet over, across, through
and under the land of the Grantors for a storm drainage
system established by the Town, is hereby accepted and the
Mayor is hereby authorized to execute the same on behalf
of the Town.
Aye : Councilmembers Herrell , D. Hill, M. Hill , Murray,
Tolbert and Mayor Rollins .
Nay: None.
79-152 - RESOLUTION - ACCEPTING DEED OF EASEMENT FROM L. D. HUTCHISON
FOR STORM DRAINAGE SYSTEM.
On motion of Mr. Murray, seconded by Mr. Herrell, the follow-
ing resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Deed of Easement made the 2nd day of October, 1979 , by
and between L. D. Hutchison and the Town of Leesburg, for
the construction, reconstruction, maintenance, replacement
or repair, use and inspection of a storm drain or storm
sewer, including necessary appurtenances, of such character
and sufficient size within the limit of said easement as to
provide a proper and adequate outlet over, across, through
and under the land of the Grantors for a storm drainage sys-
MINUTES OF OCTOBER 10 , 1979 MEETING .
tem established by the Town, is hereby accepted and 99
the Mayor is hereby authorized to execute the same on
behalf of the Town.
Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay : None.
79-153 - RESOLUTION - AUTHORIZING CONTRACTS FOR PURCHASES OF
PUBLIC WORKS EQUIPMENT AND MAKING APPRO-
PRIATIONS.
On motion of Mr. Tolbert, seconded by Mr. Herrell, the
following resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows:
SECTION I . The manager is authorized and directed to
enter into a purchase agreement with John C. Louis Co. ,
Inc. , 8439 Lee Highway, Fairfax, Virginia 22031 , for
one Bobcat Model 833 skid-steer loader in accordance
CO with specifications issued by the Director of Public
CO Works on August 25 , 1979 , at a cost not to exceed
N $.4 , 131 . 00 .
w SECTION II . The manager is authorized and directed to
Q enter into a purchase agreement with Capital Equipment
Q Co. , Inc. , P. O. Box 9609 , Richmond, Virginia 23228 , for
the purchase of one Aeroil Model KE-B-165 road repair
kettle in an amount not to exceed $2 , 780 . 00 .
SECTION III . An appropriation is made from the General
Fund to Account No . 10110 . 870 , Street Department Equip-
ment, in the amount of $16 , 950 . 00 for the fiscal year
ending June 30 , 1980 .
Mr. Niccolls explained that the skid-steer loader is a new piece
of equipment and the tar kettle has a hole in it. The skid-
steer loader is a smaller piece of equipment and can be used for
a smaller job when the large loader is in service on another proj-
ect and it is more maneuvarable for light duty . Both of these
are budget items. The resolution was unanimously adopted:
Aye: Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None.
On motion of Mr. Murray, seconded by Mr. Tolbert, the meet-
ing was unanimously adjourned.
Mayor
•
Clerk of t 'e Council