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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