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HomeMy WebLinkAbout12-28-776120 Minutes of a special meeting of the Pulaski Town Council held December 28, 1977, at 12:00 Noon in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: James M. Neblett, Jr., Bob J. Clark, Andrew L. Graham, Jr., John A. Johnston, C. William Hickam, Jr. Absent: Councilmen: Blair B. Brockmeyer Arthur L. Meadows William A. House Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S, Moore Town Treasurer: Roger Williams Visitors: Jane Graham, WPW Radio Station Viki Monroe, The Southwest Times The invocation was given by Councilman Graham. Mayor Ratcliff stated the purpose of the special meeting was to special meeting to consider borrowing $75,000.00 consider borrowing the sum of $75,000.00 from the two local banks, namely: Virginia National Bank of Pulaski and Bank of Virginia, Southwest, temporarily, for the purpose of payment of the watef and sewer bonds, plus interest, coming due at this time.- WAIVER OF NOTICE C&' SPECIAL MEETING We, the undersigned, duly members of the Council of the Town of Pulaski. Virginia, hereby waive notice of a Special Meeting of said Council, at 12:00 Noon on the 28th day of December, 1977, called by Mayor Raymond F. Ratcliff, in the Municipal Offices in the Town of Pulaski, Virginia, for the purpose of considering borrowing $75,000.00 from the Virginia National Bank of Pulaski and Bank of Virginia, Southwest, /and any other items that may legally be brought bef ore the Council. WITNESS, our signatures this 28th day of December, 1977. % ~' December 28, 1977 612 Town Attorney Moore certified to the Council in a written opinion that the ordinance to be considered and adopted by the Council of the Town of Pulaski, on the 28th day of December, 1977, authorizing and approving the borrowing of $75,000.00: $37,500.00 thereof from the Virginia National Bank, Pulaski, Virginia, and $37,500.00 thereof from the Bank of Virginia - Southwest, to be paid within thirty (30) days from the date of the notes evidencing said indebtedness, to pay current and general obligation indebtedness of the Town, said loan being made in anticipation of the receipts from taxes and other OPINION OF TOWN general revenue sources of the Town, is a valid ordinance and a valid ATTY . RE: FINANCIAL exercise of the Town's authority for making loans under the provisions CONDITION OF TOWN of its Charter and the general laws of the State of Virginia, and FOR BORROW- ING MONEY particularly under Section 15.1-222 and other applicable sections of Chapter 5 of Title 15.1 of the Code of Virginia of 1950, as amended; that the borrowing of said $75,000.00 will not exceed eighteen (18%) percent of the valuation of the real estate in the Town of Pulaski, subject to taxation, as shown by a certificate of the Treasurer of said Town, setting out the assessments for taxes as provided to him by the Commissioner of Revenue of the County of Pulaski, Virginia., including the $75,000.00 to be borrowed under the ordinance adopted December 28, 1977, will theref ore not exceed the limitations of Article VII, Section 10 of the Constitution of Virginia or any statutes of the Commonwealth of Virginia. FINANCIAL REPORT I, Roger A. Williams, the undersigned, Treasurer of the Town of Pulaski, Virginia do certify to the Council as follows: The assessed valuation of the Real Estate in the Town of Pulaski, subject to taxation as shown by the last preceding assessment for FINANCIAL taxes is $10,779,320.00. REP"ORT OF TOWN BY TREAS. The assessment on Public Utility property in the Town is $1,313,713.00. The assessment on Personal Property is $2,461,085.00. The assessment on personal property classified as Machinery and Tools is $1,494,270.00.. The total of all assessed property is $16,048,383.00. That the outstanding bonds or interest bearing obligations for any purpose whatsoever of the Town of Pulaski, Virginia, on December 28, 1977, were as follows: street Bonds 9/1/77) (General Obligation) $ 430,000.00 Sewer Bonds 7/1/58 (Revenue) 471,000.00 Water Bonds 7/1/58)(Revenue) 282,000.00 $1,183,000.00 6122 December 28, 1977 The of oresaid information concerning evaluation of property is that which was submitted to the Town of Pulaski, Virginia, by the Commissioner of Revenue of the County of Pulaski, Virginia. Given under my hand this 28th day of December, 1977. /s/ ROGER A. WILLIAMS, Treasurer Town of Pulaski, Virginia On motion of Councilman Neblett, seconded by Councilman Clark, and carried on the following vote, the following ordinance was adopted authorizing the issuance of two negotiable notes of the Town of Pulaski, Virginia, in the amount of $37,500.00 each: C. William Hickam, Jr. - aye William A. House - absent Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - absent Arthur L. Meadow$ - absent John A. Johnston - aye James M. Neblett, Jr.-aye AN ORDINANCE AUTHORIZING THE ISSUANCE `OF NEGOTIABLE NOTE OF THE TOWN OF PULASKI, VIRGINIA, IN THE TOTAL AMOUNT ~F $75,000.00, FOR GENERAL OPERATION FUNDS AND PAYMENT OF CERTAIN CURRENT AND GENERAL INDEBTEDNESS WHEREAS,. the-Town of Pulaski, Virginia, needs additional funds for its daily operation and for payment on indebtedness :. upon which it is obligated for payment of certain sums of capital improvements; and ADOPTION OF WHEREAS, it is necessary that the Town of Pulaski, Virginia, ORDINANCE borrow the total sum of $75,000.00 in order to provide certain FOR BORROWING funds for immediate payment of operating expenses and General $75,000.00 Fund obligations.; and FROM TWO LOCAL BANKS WHEREAS, the ~P`irg$nia-National Bank and Bank of Virginia, Southwest, offered to loan the Town of Pulaski, Virginia, the sum of $75,000.00 at an interest rate of four per cent (4%) per annum; and WHEREAS, the Treasurer of the Town of Pulaski has filed with Council a certificate showing the total assessed value of all property in the Town of Pulaski on December 28, 1977, to be $16,048,388.00; that the assessed valuation of the Real Estate in the Town of Pulaski, Virginia, subject to taxation is $10,779,320.00; that the assessed valuation of personal property is $2,461,085.00; that the assessment on personal property classified as machinery is $1,494,270.00; that the assessment on public utility properties within the Town of Pulaski is $1,313,713.00; and that the out- standing bonds or other interest bearing obligations for any purpose of the Town of Pulaski, Virginia, on December 28, 1977, were as follows: Street Bonds (Gen. Oblig.) 9/1/74 $ 430,000.00 Sewer Bonds (Revenue 7/1/58 471,000.00 Water Bonds (Revenue) 7/1/58 282,000.00 $1,183,000.00 The sewer and water bonds portion of the indebtedness are self- liquidating; a copy of said .certificate of the Treasurer being incorporated herein and made a part of this ordinance; and WHEREAS, the issuance of two negotiable notes, each in the sum of $37,500.00 for a total of $75,000.00, together with all other existing indebtedness for any purpose, will not exceed eighteen per cent (18%) of the assessed valuation of the real 6123 December 28, 1977 estate in the Town of Pulaski subject to taxation as shown by the last preceding assessm~:nt for taxes, and the general obligation indebtedness of the Town of Pulaski will theref ore not exceed the limitation provided in Article VII, Section 10 of the Constitution of Virginia, or the statutes of the Commonwealth of Virginia; and WHEREAS this loan authorized by this ordinance is made under the authority of and in compliance with the provisions of Article VII, Section 10 of the Constitution of Virginia, and Section 15.1-222 of the Code of Virginia of 1950; as amended, and the Charter of the Town of Pulaski, Virginia. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that: (1) The Town of Pulaski, Virginia, duly issue two negotiable promissory notes, each in the amount of $37,500.00, dated December 28, 1977, one payable to the order of Virginia National Bank, and one payable to Bank of Virginia, Southwest, bearing interest at the rate of four (4%) per cent per annum, with interest and the principal of said notes payable on or bef ore January 27, 1978, with right of anticipation reserved on said notes; said notes are issued under sizthority and in full compliance with the Constitution and the statutes of the Commonwealth of Virginia and the Charter of the Town of Pulaski, Virginia. COPY OF (2) On the Town's behalf, the notes shall be signed by the Mayor and Treasurer of said Town and attested by the Clerk, with the corporate seal of the Town of Pulaski, Virginia, affixed thereto. TWO NOTES (3) The full faith, credit and resources of the said Town of Pulaski, Virginia, and of this Council as such be, and the same are hereby irrevocably pledged for the puntual payment of the interest and principal of said note at maturity. NOTE Pulaski, Virginia December 28, 1977 $37,500.00 Thirty (30) days after date, the Town of Pulaski, Virginia, a duly created political subdivision of the Commonwealth of Virginia (the Issuer), for value received, hereby promises to pay to: Virginia National Bank, Pulaski, Virginia, or order, without offset, the principal sum of Thirty-seven Thousand, Five Hundred Dollars ($37,500.00), with interest at the rate of Four (4%)_ per cent per annum from the date of issue to the maturity date. Both principal and interest are payable in lawful money of the United States of America at the office of Virginia National Bank, Pulaski, Virgnia. This note is authorized by ordinance duly enacted by the Town of Pulaski, Virginia, on December 28, 1977, in anticipation of the collection of taxes and general revenu^s of the Issuer. The full faith and credit of the Issuer are irrevocably pledged to the payment of principal and interest on this note in accordance with its terms. Right of anticipation is reserved by maker. Every requirement of law relating to the issuance of this note has been duly complied with and the indebtedness evidenced herby is within every debt and other limit prescribed by the Constitution, the statutes of the Commonwealth of Virginia, and the Charter of the Town of Pulaski, Virginia THE TOWN OF PULASKI, VIRGINIA By /s/ RAYMOND F. RATCLIFF, MAYOR ATTEST: By /s/ ROGER A. WILLIAMS, TREASURER /s/ GLADYS R. DALTaN, CLERK SEAL 612 December 28, 1977 NOTE Pulaski, Virginia December 28, 1977 $37,500.00 Thirty (30) days after after date, the Town of Pulaski, Virginia, a duly created political subdivision of the Common- wealth of Virginia (the Issuer), for value received, hereby promises to pay to: Bank of Virginia, Southwest, Pulaski, Virginia, or order, without offset, COPY the principal sum of Thirty-seven Thousand, Five Hundred Dollars ($37,500.00), with interest at the rate of four '(4%) per cent per annum from the date of issue to the maturity date. Both principal OF and interest are payable in lawful money of the United States,of America at the office of Bank of Virginia, Southwest, Pulaski, Virginia. NOTE This note is authorized by ordinance duly enacted. by the Town of Pulaski, Virginia, on December 28, 1.977, in anticipat,~on of the collection of taxes and general revenues of the Issuer. The full faith and credit of the Issuer are irrevocably pledged to the payment of Principal and interest on this note in accordance with its terms. Right of anticipation is reserved by maker. Every requirement of Law relating to the issuance of this note has been duly complied with and the indebtedness evidenced hereby is within every debt and other limit prescribed by the Constitucion, the statutes of the Commonwealth of Virginia, and the Charter of the Town of Pulaski, Virginia. THE TS~WN OF PUbASKI, VIRGINIA By /s/ RAYMOND F. RATCLIFF, MAYOR By /s/ ROGER A. WILLIAMS, TRE~SUR ER Attest: /s/ GLADYS R. DALTON, CLERK Seal. Mayor Ratcliff stated he would entertain a motion to place on the agenda for immediate discussion, the matter of the Town of Pulaski participating in the League's amicus curiae, brief for the CASH v. STAUNTON, Court Case. MATTER OF STAUNTON SUIT Councilman Neblett moved that it be put on the agenda for PLACED ON AGENDA - discussion today. The motion was seconded by Councilman Graham, COUNCIL AGREED TO PARTICIPA- and carried. TE, NOT T'0 EXCEED $250.00 Town Manager Marshall reported that in discussing the matter further with Mike Deeb at the League Office, he indicated December 28, 1977 61 25 that Howard Dobbins, General Counsel for the League,-had included a synopsis in the December issue of the Virginia Town and City magazine. Mr. Marshall also stated that Mr. Deeb had indicated that the Town's court cost would range between $100.00 and $500.00. Councilman Graham moved that the Town participate in the Staunton court case up to and Tmcsluding, but not ro exceed $250.00. The motion STAUNTON was seconded by Councilman Clark, and carried on the following vote: SUIT: C. William Hickam, Jr. - aye William A. House - absent Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - absent Arthur L. Meadows - absent John A. Johnston - aye James M. Neblett, Jr .- aye Mayor Ratcliff reported that, as directed by the Council, he had contacted the Pulaski County Board of Supervisors with regard to a BD. OF joint meeting with Council for the purpose of discussing Recreation SUPERVIS ORS WILLING TO and that the Board has indicated they would like to do this and suggested MEET & DIS- CUSS that an agenda be prepared for the meeting. Council decided to discuss RECREATION PROGRAM this matter further at its next meeting. At 12:20 P. M. Councilman Graham moved that Council adjourn. The Motion was seconded by Councilman Clark, and carried. APPROVED: ,- ` .-F' ',f ,n Mayor Raymofid F~, ~'atcliff ATTEST: Clerk of Council