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10-12-1948 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, he ld at the Courthouse on Uctob~ 12, 1948, at lO:OO a.m. Pre sen t: J. G. Hening, Chairman P. W. Covington H. T. Goyne J. C. M~Kesson Irvin G. Homer James W. Gordon, Jr. The minutes of the last regular and adjourned meetings having been read,are ~pprove~. ".Salaries, Allo~rances~ .,etc. Paid b.y. the Executive Secretary from the Genral Co.Fund:" James G. Hen ing H. T. Goyne P.W. Covington J.C .McKesson James W. Gordon, Jr. Irvin G~ Hbrner J.Wm.Dance Geo. W. Moore, Jr. Walter N.Perdue M. A. Cogbill A. J. Homer W. H.Caldwell Auline B.Wills P.Rixey Jones ~erle D.Vassar Esther B.Foster B. J.Banks Willie Smith George Bask erville Hm ry Goode R. F. Jones Elsie V. Copeland Leona rd Fisher Treas. of Virginia-State Comptroller Lee Malone Joseph H. Goode C. A. Ryburn, Jr. I.E.Bowman R. W. Koch D.W.Murphey H.N.Terrell R.E.Feeback E.P.Gill E.T. Smith C .W. Cunn ingham W. B. Gill R.C.Phillips W.E.Martin Supervisor and mileage $51.80 " " " 51.20 " " " 51.35 " " " 53.30 " " " 54.50 " " " 56.90 Treasurer and maintenance of office938.15 Commissioner of Revenue " " 776.66 C.R.Jackson B.C.Furman C.K.Jolly ~rs.H.M.Romaine W. H.Flynn O.B.Gates Clerk, Circuit Court Commonwealth' s Attorney Forest Fire Warden Execut ire Secretary County Stenographer County Farm Agent Home Dem. Agent Asst. Home Dem.Agt. Jan it or Truck driver Co. Agri~ Agent {Col.} Home Dem. Agt. (Col.) Truck Driver's helper Judge of Circuit Court's s~lary (For year beginning Feb. 1,19&~9) Substitute work on trash truck Chief of Police Mileage & Tel. Investigator Mileage and Tel. Investigator ;~ileage and Tel. In vest igat or Mileage and Tel. Police Officer Mileage and Tel. Police Officer Mileage and Tel. Police ~fficer Mileage and Tel. Police Officer Milea~e and Tel. Police Officer Milea~e and Tel. Police Officer Milea~e and Tel. Police Officer Mileage and Tel. Police Officer Mileage and Tel. Clerk and Dispatcher Dispatcher $301.50 207.40 152. O8 2i .' 0 155.20 214.50 I92.50 150.00 k9.76 PBX Operator Police Officer (Inactive) Sheriff 83.33 279.16 100.00 4O7.73 185.23 195.01 97.50 72.20 97.50 135.00 130.00 135.00 90.00 75.00 130.OO 914.16 45.83 35.0o 455.70 359.48 369.70 370~ 5 34 7.39 341.37 331.68 348.31 321.80 321.20 326.41 328.76 144.10 150.O0 135.90 135.40 61.50 2-87,,'88 $10,379j ,,Routine Standard Claims Paid b_y._the Exec. Sec__~fr~ the General Gount Fund:" Mrs. ~elen }4. Romaine ~Aea!s served prisoners (Aug.17-31) $75.501 Virginia Electric & Power Co. Electric current-Camp Baker, C.H., Welfare Dept. and Clerk's Office 70.OOI Ice for Courthouwe $47.10 Stoker coal ~ 873'6'0 Street lighting for Sept. i 390.85 Telephone service-Fire Dept.#2 9.65 Telephone service-Forest Fire Warden 12.10 Meals served prisoners (Sept. 1-9) 37.10 S~ W. Ellison Virginia Electric & Power Co. The 8&P Tel. Company The C&P Tel. Company Ira Fletcher, Mgr..SldDominion Lunch - A.T.Brickhouse, M.D. Proffitt Cleaners C.E.Coleman, M.D. R.B.Augustine Ins. Agency, Inc. R.B.Augustine Ins. Agency, Inc. The Arnold Company Dorothy M. I~oore, M.D. Dr. Claiborne T.Jones Henrico County L. C. Lush, M.D. L.H.Apperson, M.D. Truby Motor Company Shoosmith's Garage City of Petersburg Jail State Forester of Virginia The C&P Tel. Company 5.00 Lura cy commission-Ernie Jack Brownie 17.07 Coron$~ s services-Delores Reynolda and ~ Laundry,for jail-June 26-Aug.18,1948 20.O01 Abraham Ward 30.00I Insurance premiums on Police Officer Bond on County Treasurer 960.OO1 Police radio maintenance-Aug. 1948 lO0.OOt Lunacy commission-Lilla C.Butler 5.O0i ,, ,, ,, , ,, 5 · OOI 307 Chesterfield County State Prisoner t days confined in Henrico jail for Aug. 184.2~ Lunacy commission-Earl Bryant Phillips 5.00 , , -Elizabeth A. Slavin 5.00 Gas~ oil and repairs - Trash Truck 49.20 ,, ,, ,, , - County car 28.40 , , , - - Chester FireDept. 38.14 G~soline-Bensley Fire Dept. 1.6~ 30 risoner days for Aug. 1948 @45~ ~ 13.50 ForPes% Fire control-July ll-Aug.31,1948 8.6~ Local and long distance aalls 268-~$3 ,213 ,,Olaims Authorized b the Exec. Sec' . from the General Co. Fund:" The C.B.Dolge Company Virginia Stationery C°. Richmond Office Supply Co. Inc. Kamo Mfg. Compa ny Everett Waddey Company Spencer Printing Company The Haloid Compamy General Electric Supply Corp. Carwile'w Sunoco Service Southside Auto Supply Double Envelope Corp. Central Printing Company Mrs. Theo T.Cogbill,P.M. Petersburg OfficeEquipment Co. Mechanics & Merchants ~ank 24 boxes Deodoroma refills $43.70 Two tint blocks (Clerk's Office) 5.00 Post binders, dater, erasers, Bond paper59.73 I mop bucket and floor wax 137.20 2 doz. CAS-lC Forms and 2 doz.APA#l 3.04 500 Police forms 7.50 i Inner dryer belt-, i knife return 17.95 spring One electric fan-(Comm, of Xevenue) 33.79 3.42 Gasoline-County car Two 750x20 tires and two 750x20 tubes - 85.87 one battery and 1 ~attery cable Window envelopes (Treasurer) 280.19 5OOPolice Summons books, 1000 Evidence 386.00 Records 30.06 35 stamps (Trial Justice) 3.37 St~mcils Withholding tax from salaries of County 198.50 employees for Sept. 1948 '$12 Walter B. Gentry, Sgt. Sgt. City of Fredericksburg Chas. A. R~burn, Jr. E.C.Pastorfield nd:" ,Miscellaneous Claims Pai~ b the ~xecutive Secretar from the Gen. Co. Fun~:" Sgt. City of Norfolk For service of commissioner's notices in . Com. of Va. and Co..of Chesterfield. suit of ~ . $0.75 He, rs of Ben3. Hatcher . .~ _ ~So ' . eli et als Co. of Chesterfzeld Vs.W.T.Harr , - Vs. Heirs c~ Benj. Hatcher 0.75 " " (Authorized by Board) 20.00 A~mber ship dues Work at Camp Baker, work in Trial Justice office, clea~..ing..,ou~ _~_ut~e~rs~It~nwnuffice ~Pa~-proofing bricks 97.00 j.T.Willard, Sgt. H.B.Gilliam, Atty. Walter B. Gentry, Sgt. W.B.Gentry, Sgt. To fee for serving copy of summons in suit of Co~n. of Va. and Co. of Chester- 0.75 field Vs. W.T.Harrell, et als Comm. of Va. and Co. of Chesterfield Vs. Marie Smithers Rowlette 56.39 Co. of Chesterfield Vs. Heirs of Benj. 15.25 Hatcher For serving additional summonses -Heirs of Eldridge Cypress 5.75 H.B.Gilliam, Atty. N. B. Gilliam, Atty. J. T.Willa rd. Sgt. W.H. ~aldwell S.B.Adkins & Company Spencer Printing Co. Richmond Rubber Co.Inc. Curtis lv~rine Co.Inc. Alexander & Martin Midlothian Auto Service Co. of Chesterfield Vs. Heirs of Stephen Bailey " " "Vs.Heirs of Elizabeth White $34.75 " " "Vs. Daisy G. Bowden,et als 28.37 " " " " " " " " " 3.75 Expenses incurred in trips to Bluefield & ~ytheville and two trips to Roanoke,Va. 47.90 Blndin~ Two Land Books 14.O0 2,000 ~lO envelopes 20.50 Two Pyrene foam playpipe complete with ~ adapters - Bon Air Fire Dept. and Bensley Fire Dept. ll4.00~ Two recharging 15 lbs. CO2 3.25 Bulldozer, trucks, 19bor, etc.(Fair ~Grounds)627.7~ On~ power take-off unit, one flange, front ~ break linings, windshiel~ wiper, I ~attery cabl~ - Bon Air Fire Dept. 102.2~ Miller Mfg. Company 2 sets panel side ja~bs~ 2 transoms, trim, ~. (Work in Clerk's Office) R.ichmond RubberCo. Repairing fog nozzle (Chester Vol. ~ire ll9.O~ Dept. ) 17.6~ Southern Hdwe. & Building Supply 3x3" butts, one 6" spril 6.3~ Co. Inc. Pitney-Bowes, Inc. Quarterly rental on postage machine RemingtonRand, Inc. Four O.G.Files (Treas.) Two O.G.Files Remington Rand, Inc. Remington Rand, Inc. Richmond Newspapers, Inc. Harem's Service Station The Michie Company H.A.Hawkins & Company H.A.Hawkins & Company Chewning & Wilmer State Dep~,of Health Petersburg Hospital, Inc. Eedical College of Virginia St. Phillip Hospital St. Philip Hospital 18.O0 643.6~ 86.ok 68.9 13.68 (Comm. of Reve~ue) O.G.Files (P~rtial Billing) Interior equipment (Treas.-Office~) Advertising on rezoning Gasoline-Manchester Fire Dept. 6.3~ Two copies 1948 Cumulative Supplement to Virginia Co~e of 1942 24.00 To repairing closets in Clerk's Office and jail 23.2) Repairing plumbing in Sheriff's ~ffice 12.3~. Wiring-Bon Air Fire Station 109.&$ Payment due for thr~e months ending Sept. 30, 19_~8 2,250.00 Hospitalization-Mr. Jessie Bragg 20.00 " - Mrs. Reva Viola Mayberry 197.~6 " - Leroy Gregory and Sterling " -Lord Bryon Brown "Claims From EttrickSan.Dist. Operating. Fund.:" Miss Grace B. Pond B.W.Walton Ettrick Gulf Service Virginia Electric & Power Co. City Water Works H.A.Hawkins & Co. T.Price Samuels Ettrick Gulf Service The C&P Tel. Company District Clerk $40.00 Janitor Mumicipal Bldg. 15.00 Gasoline-Fire Dept. 4.77 Electric service-Water pump ~d Town Hall 27.80 Water used during August, 1948 248.20 To installing sewer on South &Williams St. 196.25 Repairing service brokem by ditching ~chine on South St. 24.00i Making water connection to Traylor home A~'~king water and sewer connection on Pannill St. Inspections Oil Local service-Ettrick Fire Dept. 22.70! 64 ~85i "Ettrick San. Dist. Debt Fund:" The Chase National Bank Bond, interest and handling charge $6,010.00 ~ "DOE Tax Claims:" E. J. Gorman Game Warden-Salary and mileaEe $135 · C O~ "Utility Department-General County Sanitary:" Treas. of U.S.-Richmon~ Gen. Depot Virginia Electric & Power Co. Moore's Service Station Mrs. Theo T. Cogbill,P.M. Ghesterfield County Bank State Treasurer William Old, AttY.° John V.Colston A. R. Tiller Corp. Truby Motor Company John V. Colston W.O.Phillips Brandon Steed William Anthony William Russell Mechanics & Merchants Bank $116.01 Water purchased Electric aervice-Burroughs Street. 9.44 " "- Trevillian Ave. 7.72 " "- Walnut Place 2.60 " "- Bon Air .56 " "- Bellewood Manor 24.00 " "- Cemtralia Gardens 7.00 Oil, lubrication and grease 3.00 One coil 35 stamps and one coil lct. stamps 20.09 Collecting water?bills for ugus~, 1948 7.65 nstallation of system of accounting for Utilities Dept.79.75 For services rendered in connection with Rewanue Bond issue research as to law in such case 50.00 Mileage for Sept. 1948- 628 Mi.@ 5~ 31.40 Refills, clamps, adapters 13.45 Gas and oil-Utility truck 26.04 Salary-Engineering 125.00 " - Billing 86.66 " - Work on water systems 90.00 Work on water systems 76.50 " " " " 24.00 Withholding tax from salaries of County employees ~U%%lity Department-Manchester San. Dist.:" W. W.LaPrade & Bros. Virginia Electric & Power Co. Joseph L. Bickerstaff South Richmond Bank South Richmond Bank State Treasurer J~hn V.Colston Anderson & Woodfin Clyde L. Bowman~ Dorton's Market Alexander &Marrin Mechanics & Merchants Bank John V.Colston W. O. Phillips A. Robins Brandon Steed W. L. Jones William Amthony William Russell Making surveys, taking elevations and soundings at Powhite Creek Pond Electric service-Jahnke Rd. 61.~! " " - Gregory's 31.6~ " " - Norwood Park 36.00 " " - DuPont Square 18.8~ " " - Woodstock 18.80 ,, " - Club Road 2.76 Fan belts 1.52 For collecting water bills in Aug.1948 15.50 For collecting wa~er bills in Sept." 16.25 Installation of ~ystem of accounting for Utilities Dept. 79.75 Mileage for Sept. 35.95 Gas, oil and tire repair 17.55 Installing magnetic starter on water pump Cherokee Road - Gregory's 39.20! Gas and oil- Utility truck 36.04 Bigging trenches for water lines, labor installing meters and connections892.1 Withholding tax from salaries of employees 81.2~ Salary, engineering " Billing and Accounting ll4.OQ Work on water system s 207.8~ " " " " 134.40i " " " " 231.5(~ " " " " 109.1(~ . . . " 48.00 "Claims Authorized by the Board from the Dog Tax Fund:" I.S.Keeler Four chickens killed by.dogs Fred W. Sweitzer Fourteen "@ 50$ each {7 wks. old) Miss Emily Anderson Chickens killed by dogs Brandon E.Steed Three hens @ 38~ per lb. Addison G. Hening 40 chickens - lO wks. old @ 75¢ each Miss Bessie Howlett 8 hens @ 38¢ per lb. $4.44 7.00 39.06 7.22 30.00 15.20 A report of miscellaneous collections received during the month of September, 1948, was read as follows: 9/3o/ 8 Commonwealth of Virginia Forest Service Welfare Dept. Chesterfield Health Dept. H. N. Terre ll One-fourth gross proceeds derived from Pocahontas State Park-pulp wood cutting $226.50 Telephone bill for Sept. 19&8 Office rent-Sept. 19~8 Rent on cottage at Camp Baker for Oct. 19~8 4.00~ 60.00 30.00 $320.50 which report is received and filed. This day the ~mtter of resoning cases, having been duly advertised, came up for action: (1) In ~idlothian District on Rt.360, approximately 8 miles west of the City of Richmond and adjacent to the Tomahawk Filling Station, a distance of 200 feet along the front and 200 feet deep. This application is ~mde by Mr. Clyde L. Tatum and is for rezoning from Agriculture to General Business. There appearing no one objecting to this rezoning, it is resolved on motion of James W.Gordon,Jr., that the application be granted. (2) In Manchester ~agisterial District at the in?ersection of Dorset Road,Rt.1650i. and Warwick Road, R$.647,a Use Permit to erect anc oper.'~te a six-f~mily apartment house. This application Ls made by W.A.Horner. There also appeaed Mr. Pinckney Sowers, representing ~ertain citizens of"Chesterfield Court~' and there also appeared Mr. E. K. Tinder, Mrs. Myrtle Adkins, Mrs. Rosa Harrison Davis, and others also of "Chesterfield Court", objecting to the erection of an apartment house at this location. After considerable discussion, it is resolved on motion of J.C.McKesson, that the Use Permit to erect an apartment house at this location, at the intersection of Dorset Joad and ~$arwick Road, be and it hereby is denied. On this matter Mr.P.W.Covington and Mr. Irvin G. Homer voted "No". (3) In Bermuda Magisterial District at the intersection of Rt. 10 and Rt.625, a distance of 200 feet on Rt. l0 with a depth of 200 feet. This application is .~m de by Mrs. Mary Clyde Winfree and ~s for rezoningfrom Agriculture to Local Business. There appearing no one o~jecting to this rezoning, the application, on motion of H. T.Goyne, is hereby granted. (4) InDale Magisterial Distri~+ .......... to the nronertv rece~,~ ....... ~_o~A~_a_~..~u~,.oe?we? .Et..~5 ~d R~.O31, ~d adjacen ........... ~', u e~ erec~ec ~ne uarver Hi~ School a dist frontage ~th a deoth of 200 f~. m~ .... , .... ~ge of appro~mmately 800 fee~ Winfree ~d ~. L.~.H~vi~ ~,H~]'o~- ~'~--~PPm~ca~mgn ..... o ~r rezon~ng ~rom Agriculture to Local Business.~ There appearing no one objecting to the s~e, it is resolved on motion of H.T.Go~e, that the application be granted. (5) ~ ~toaca ~isterial District in the Village of Ettrick on Lot "K" in Orate Hill S~division. This application is for a Use Permit ~d is m6e by the Ettrick ~eric~Legion Post ~136. Upon'consideration whereof, ~ d on motion of P.W. Covington, this Use Pe~it is grated, provided ~the building is placed at least 250 feet from their north and east property line. {6} In ~nchester Magisterial District on the northwest co, er of the intersecti(n of Rt.650, T~er Road and Rt.360, a dist~ce of 1OO feet al~g the T~ner Road and 1OO feet ~ong Rt.360. This application is made by LeRoy Haith ~d is for rezon~g from Agriculture to General Business. There appe~ing representing certain citiz~s of t~,t vicinity Mr. Pinc~ey Sowers ~d there also appeared ~. M.A. M~n, ~. Gordon, D. Mills ~d ~. Ashford B. ~orge~ objecting to the grant~g of this Permit. After due ~onsideration ~d on motion ~ J.C.McKesson~ it is resolved that the rezoning of this pro~rty be ~d it hereby is denied. ~ this matter ~. James W.Gordon, Jr., voted "No". This day Mr.H.T.Goyne stated there had been several conmunications received by the Executive Secretary regarding the construction of a proposed bridge over Bellwood Depot and the Atlantic Coast LineRy. indicating 5ocations #l and 2, and that some members of the Board had consulted with the officials of the Virginia Department of Highways concerning the same and therewas a feeling that further study should be made before a decision was made as-to the. location. Upon consideration whereof, and on motion of H. T. Goyne, it is resolved that the Board of Supervisor~ request the Virginia Department of Highways and the Federal Government to give thorough consideration to the #2 Location before any decision is reached on which location to build. This day R~r. James W.Gordon, Jr., stated that the Bridge over the Southern Ry. at Bon Air needed attention. Upon consideration whereof, and on motion of James W. Gordon, Jr., it is resolved that the Executive Secretary be instructed to communicate with the Southern Ry. and request that such work as necessary be done on the bridge at Bon Air to stop the noise made when cars cross this bridge. This day Mr. James G.Hening, Supervisors, stated that there had been plans worked out for t he improvement of Rt.638 several months ago and that this improvement had not been completed. Upon consideration whereof, and on motion of J.G.Hening it is resolved that the V~ginia Department of Highways be and it hereby is requested to continue with this improvement and complete same as early as possible This day the Executive Secretary read a communication from the Virginia Department of Highways extending an invitation to Supervisors and citizens of the County to attend a Road Conference to be held at the Virginia Military Institute in Lexingto~ Virginia, onNovember ll-13, 1948, which is received and filed. This day l~r. A.J.Horner, Chie£ Forest Fire Warden, appeared before the Board and thanked them for ~ermitting him to provide the brunswick stew for the fire wardens in Uhesterfield County. This day Mr.C.C.;'Yells, Secretary of the Electoral Board, appeared before the Board and stated that he felt the pay of election officials should be increased to $10.00 per day but after due consideration no action was taken on this request. This day the Executive Secretnry presented a bill from the Colonial Height~ Journal in the amount of $50.00 for an ad On Chesterfield County. Upon consideration whereof, and on motion of J.C.McKesson, the bill is ordered paid. This day the Executive Secretary read a letter from Mr.J.T.Holtzclaw, President of the Virginia Electric and Power Company regarding the survey of street lights in Chesterfield County, which letter is received and filed. This d~y the Executive Secretary read a co~unication from Mr. Horace Mann of Matoa~ regarding street lights in the'Village of Mat oaca. Upon consideration whereof, and on motion of P.W.Covington, the matter is referred to the Light Committee. This day the Executive Secretary read a letter from Elwood B. Boone, of the Virgin~.a State College, addressed to Mr.H.A.Hawkins, Ch~rman EttrickSanitary District Committee, requesting that water and sewer lines be extended to take care of prope~ on Fourth Avenue, between Watson Street and River Road. Upon consideratiom whereof, and on motion of P.W.Covington, it is resolved that this matter be referr~ to the Ettrick Sanitary District Committee. This day the Executive Secretary read a letter from the Commonwealth Development Corpora~on, requesting that certain streets in "Green Acres" be taken into the State Secondary System, which matter was referred to Mr. J.C~ McKesson and the Executive Secretary. This day the Executive Secretary read a ~tter from Mr.T.C.Redford, requesting water service on Cherokee Road. Upon consideration whereof, and on motion of James W.Gordon,Jr., it is resolved that this n~tter be referred to the Water Committee. This day the Executive Secretary presented'an audit of the records of the Trial Justice Office for the year ending June 30, 1948, which is received and filed. This day the Executive Secretary read a nptice from the Compensation Board advisin~ that a metting would be held for fixing the salaries of the Treasurer, Commissione~ of Rev~ue, Sheriff.and Commonwealth's Attorney, which notice is received and file~. 'ty !d This day again the matter of sa estimate on the weatherstripping and insulation of buildings at Camp Baker and the main Court building was brought to the Board's attention, and on motion of H.T.Goyne, the matter is referred to the Buildings and Grounds Committee. This day the Executive Secretary'read a report from the State Forester for the fiscal year ending June 30, 19&8, on fireE; suppression and extinction costs in the County, which report is received and filed. This day the Executive Secretary read a request from H.T.Richeson & Company that 45th Street, fronting on McGuire Apartments be taken into the Se~ndary System. Upon consideration whereof, and on m orion of J.C. McKesson, it is resolved that t~ County Road Engineer be and he hereby is instructed to view the same and report to this Board. This day the Executive Secretary submitted a bill from the National Association of County officials for advertising in the National Association magamines, in the Septenber issue in the amount of $300.00, which bill is orderSd paid. This day l~r.0.C.McKesson stated he had a request from residents along Dorsey Road requesting that~he'~same b~ taken iA~o the State Secondary System. Upon consideration whereof, and on motion of J.C.EcKesson, it is resolved that the County ~oad Engineer be and he hereby is instructed to view this road and report back to the Board at a later date. This day the Executive Secretary stated that Mr. Faison, who owned a lot on Dorset Road request the extension of our water lines to his property and stated that he would pay all cost of pipe if the County would make the installation. Upon consideration whereof, mud on motion of J.C.McKesson, it is resolved that the Executive Secretary be and he hereby is instructed to install this water line as aoon as pipe is available. This day the matter of consulting with the Council of the City of Colonial Heights regarding the relation of Chesterfield County and the City of Colonial Heights was again considered and the Executiv~ Secretary stated he had communicate¢ with the Nayor of Chlonial Hei ~hts and that it was agreeable to meet with a Committee from this Board at the pleasure of the Board. Upon c onsideration whereof, and on motion of J.C.~cKesson, it is resolved that theCommittee from~the Board of Supervisors meet with~the City Council of Colonial Hei~ihm on Thursday, October 21, 194~, at ~:00 p.m. at the City Hall in Colonial Heights. And be it further resolved that t~e Commonwealth's Attorney and Nr. James W. Gordon,!Jr., be appointed as a Committee to employ an Attorney to assist the Board of Supervisors in this negotiation. This day Mr. I. G. Homer, Supervisor, stated that at a previous meeting of the Board the Virginia Department of Highways had been instructed to improve a road at the end of the Belcher Road leading to property owned by Mrs. Avery and had appropriated $50.O0 from 35 road money to do this work, but that this amount would be insufficient. Upon consideration whereof, and on motion of Irvin G. Homer, it is resolved that the sum of $100.00 instead of $50.00 be appropriated for work on this road. This d~y Mr. J.C.~cKesson, stated he had a request from citizens of "Chesterfield Hills" at Merchie's Mill to improve Bowland and Salem Roads. Upon consideration whereof, and on motion of J.C.~cKesson, it is resolved that the Virginia Departmenl of Highways be and it hereby is requested to improve these roads, expending a sum not to excee~ $150.00, and ch~ging same to the S¢ road levy. This day the following resolution"~uthOrizing the Issuanc$of.$~OO,OO0 Principal amount of water revenue bonds of the County of Chesterfield and providing for the Rights of the Holders thereof" was adopted by this Board: Whereas, at a special election held on September 8,1947, pursuant to the provisions of Chapter 175 of the Acts of the General Assembly of Virginia of 1946, the following-question was submitted to the qualified voters of the County of Chesterfield, except those in the then existing Town of Colonial Heights: "Shall the Board of Supervisors of Chesterfield County, Virginia, issue Revenue Bonds of said County in the amount' of Five Hundred Thousand Dollars for the purpose of constructing, acquiring, re- constructing, improving, maintaining, operating and extending. water supply systems in the County of Chesterfield,Virginia?",' and ~¢~EREAS, a majority of the qualified voters voting on said question at said s~ cial election ~oted in favor of the bond issue referred~to in ~ said question, and the Circuit Court of the County of Chesterfield, by an order entered on September 11, 1947, ordered the Board of'Supervisors of the County of Chesterfield to order t~e issuance of said bonds; and WHEREAS, at the time of said special election the then existing Town of Colonial Heights was an incorporated town operating its own water supply system, and Section 7a of said Chapter 175 of the Acts of the General Assembly of Virginia provides that any such town shall be exempt from the operation of said act and from any obligation for the payment of bonds or loans made under the authority of said act, and that no election held under the authority of said act shall be held in any such Town; and WHEREAS said former Town of Colonial Hei~j~ts is now a city of the second class and no longer a part of the County of Chesterfield in respect of the issuance or payment of any bonds or other obligations of said County; an WHEREAS the validity o f said statutes and of said special election was upheld by a decree of t~e Circuit Court of the County of Chesterfield entered on July 21, 1948, and said decres was affirmed by the Supreme Court of Appeals of Virginia on September 7, 1948: NOW, THEREFORE, Be it resolved by the Board of Supervisors of the County. of Chesteri'ield, VirMinia, as follows: ARTICLE I. AUTHORIZATION AND DESCRIPTION OF BONDS Section 1.O1. Pursuant to Chapter 175 of the Acts of the General Assembly of Virginia of 1946, as amended by Chapter 56 of the Acts of the General Assembly of Virginia of 1948, bonds of the County of Chesterfield (hereinafter referred to as the County) are~hereby~ authorized to be issued in the aggregate principal amount of $500,000 for the. purposeqof co~stru~ting, acquiring,~reconstructing, improving and extending waker supp±y sysnems zn the County. Said bonds (hereinafter referred to as the Bonds) shall be payable solely from the new re~mnues of said water systems, as hereinafter provided, and the credit of the County shall n~ b e pledged for their payment. Section 1.02. The Bonds shall be five hundred in number, numbered from i to 500, inclusive, and of the denomination of $1,O00 each; shall be dated April l, 1948; ~hall bear interest from t h~ir d~ e at the rate of three and one-quarter per cent (3-1/4%) per annum; and shall mature seriall in numerical order on October I of each year as follows: Year 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 Amount $20,000 20,000 25,000 25,000 25,000 25 000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 30,000 30,000 Bond Numbers 1 to 20 21 to 40 $1 ~o 65 66 to 90 91 ~o ll5 ll6 to 140 141 to 165 166 to 190 191 to 215 216 to 240 241 to 265 266 to 290 291 to 315 316 to 340 341 to 365 366 to 390 391 to 415 416 to 4~+0 ~41 to 470 471 to 500 The intereZt on each Bond shall be payable semi-annually on April i and October I in each year until the County's obligation with respect to the payment of the principal sum thereof shall be discharged. The Bonds shall be payable, with respect to both principal and interest, a t the principal office of the Fiscal Agent (hereinafter referred to} in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. Section 1.O3. The Bonds shall be coupon bonds, registerable at the option of the holder as to principal only. They shall be signed by the Chairman of the Board of Supervisors of the County and by theClerk of said Board, and the seal of said Board shall be affixed to or impressed the~mon. The interest coupon~ to be attached to the Bonds shall bear the facsimile signatures of said Chairman and Clerk. Section 1.O4. The Bonds, the interest coupons to be attached thereon, and the provisions relative to registration to be endorsed on the Bonds shallbe in substantially the following forms: (Form of Bond) No. $1,OOO UNITED STATES OF Ai~ERICA STATE OF VIRGINIA COUNTY OF CHESTERFIELD WATER REVENUE BOND The County of Chesterfield (hereinafter called theCounty) a political subdivision of the State of Virginia, for value received, hereby promises to pay, solely from the revenues hereinafter referred to, to the bearer, or, if this'Bond be registered as hereinafter provided, to the registered holder of this Bond, on October l, 19__, the principal sum of One ThoUsand Dollars ($1,OOO), and to pay, solely from s~fd--revenues, interest on said principal sum from the d ate of this Bond, at the rate of three and one-quarter per centum (3 1/4%) per ann~m, semi- annually on April I and October i of each year, until the County's obligation with respect to the payment of said principal sum shall be discharged. So much of said interest as shall be payable at or before the date of maturity of this Bond expressed herein will be paid only upon presentation and surrender of the annexed interest coupons as they severally mature; and so much of said interest as shall be payable after said date of ~mturity will be paid to the bearer of this Bond, or, if this Bond be registered, to the registered holder of this Bond. Payment of the principal of and interest on this Bond will be made at the principal office of the First snd Merchants National Bank of Richmond, in the City of Richmond, Virginia, in such coin or currency of the United States of America as at the time of payment shall be leEal tender for the payment of public and private debts. This bond is one of a duly authorized issue of coupon bonds of the County, known as its Water Revenue Bonds (hereinafter called the Bonds), limited to the aggregate principal amount of $500,000, dated April l, 19~8, maturing serially on October i in various year~, and numbered from i to 500, in the order of their ~turity. The Bonds are issued or to be issued for the construction, acquisition, reconstruction, improvement and extension of-a public water supply system or sNstems in the County of Chesterfield, Virginia, and the net revenue from sale of water from said water supply system or systems is pledged for their payment , and the credit of the County is not pledged. The Bonds are issued or tobe issued from time to time under and pursuant to and equally and ratably secured by a resolution entitled "A Resolution authorizing the issuance of $500;000 princip amount of Water Revenue Bonds of the County of Chesterfield and providing for the rights of the holders thereof", adopted by the Board of Supervisrs of Chesterfield County on October 12, 1948, to which resolution reference is hereby made for a more specific description of the recenues charged with and pledged to the ~Ryment of the principal of and interest on the Bon~s, and for a statement of the nature, extent and manner of enforcement of such security, of the rights of the bearers and registered Uolders of the Bonds and of the annexed interest coupons with respect to such security, and of the agreements of the County with respect thereto. In case a default as defined in said Resolution shall happen, the principal of all the Bon~s then outstanding may become or be declared due and payable in the manner and with the effect provided in said Resolution. The Bonds are subject to redamption at the option of the County, as a whole, or in part in the order stated below, on October l, 195~, or on any interesl payment date thereafter, at the principal ~nount thereof and the interest accrued thereon to the date fAxed for such redemption, upon previous notice given to the holder in person at least ten days before the date fixed for such redemption or giw by publication once a week for two successive weeks in a newspaper published and of general circulation in the City of Richmond, Virginia. If less than all the bonds outstanding on such date are to be so redeemed, the bonds to be so redeemed shall be those bonds then outstanding which bear the highest identifying numbers. This Bond shall ~ ss by delivery unless registered as to principal in the name of the holder on the hooks of the County at the office of its County Treasurer, such registration being noted ha~e~s~o After such registration, no al en transfer of this Bond shall be ~alid unless made on said books by the registered holder in person or by attorney duly authorized and similarly noted hereon; but this Bond may be dicharged from registration by being in like manner transferred to bearer, and thereupon transferability by delivery shall be restored, and this Bond may again from time to time be registered or transferred to bearer as before. Such registration, however, shall not affect the negotiability of the coupons appertaining hereto, which shall continue to be transferable by delivery merely and be payable to b eater. This Bond is issued pursuant to Chapter 175 of the Acts of the General Assembly of Virginia of 1946~ as amended by Chapter 56 of the Acts of the General Assembly of Virginia of 1948, and pursuant to the affirmative vote of a majority of the qualified voters of the County voting upon the ,question of thor issuance, at a special election held on September~8, 1947, and ~!ursuant to the above mentioned resolution. All conditions, acts'and things required by the Constitut~ or statutes of the State of Virginia to exist, be performed or happen precedent to or in the issuance of this Bond, exist, have been performed and have happened; and the amount of this Bond, together with all other indebtedness of the County, does not exceed any limit prescribed by the Constitution or statutes of said State IN WITNESS WHEREOF, the County hao caused this Bond to be signed by the' Chairman of the Board of Supervisors of the County and by the Clerk of said Board, and has caused the seal of sale Board to be hereunto affixed or impressed hereon, and coupons for said interest bearing the facsimile signatures of said officers robe attached hereto, all as of the first day of April, 1948. ~~f Supervisors (Form of interest coupon payable on or before October l, 1958) No. $16.~5 On the first day of , 19 . , the County of Chesterfield, a political subdivision of the State of Virginia~ will pay to bearer, solely from those certain revenues referred to in the Bond hereinafter mentioned, at the principal office of the First and Merchants Na~onal Bank of Richmond. in the ~ity of Richmond, Virginia, the sum of Sixteen and 25/100 Dollars ($18.25), in such coin or currency of the United States of America as at the time of payment thereof shallbe legal tender for t he payment of public and private debts, being six months' interest then due On its Water Revenue Bond dated April l, 1948, mud numbered ~er visor~ Supervisors (Form of interest coupon payable after October 1, 1958} No., $16.~ on On the first day of , 19 , unless the Bond hereinafter mentioned shall have b een'~ ~lled for previous re e-'d~ion and payment thereof ma~e or duly provided for, the County of Chesterfield, a political subdivi~ ion of the State of Virginia, will pay to bearer~ solely from those certain revenues referred to in said Bond, at the ~rincipaz office of the First and ~rchants National Bank of Richmond, in the 8ity of Richmond, Virginia, the sum of Sixteen and 25/100 Dollars ($16.25), in such coin or currency of the United States of America as at the t~me of payment thereof shall be ]e gal tender for the payment of public and private debts~ being six mon~' interest then due on its Water Revenue Bond dated April l, 194~, an~n~ed~__~ ~. ':~rk~'"'Of the Board of Supervisors (Form of r~.~gistration certificate} Date of Registration : In whose Name : : ~te~ist er ed : Signature of County..Treasurer Section 1.05. The County will keep at the office of its Treasurer a register for t he.~egistration and transfer of the Bonds; and, upon presentation for such purpose, the County will, under such reasonable regulations as it may prescribe, register any Bond as to the principal thereof. The holder of any Bond may have the fact of his holding thereof registere~ on said register at said office. Every such registration shall be noted on such Bond, and after such registration no transfer of such Bond shall be valid unless made at said office by th~ registered holder in person, or by attorney thereunto duly authorized, and similarly noted on such Bond. Upon presentation for the purpose at such office of any Bond so registered as to principal, accompanied by delivery of a written instrument of transfer in form approved by the County executed by the re§istered holder in person, or by attorney thereunto duly authorized, such Bond shall be transferred upon such register and such transfer shall be noted on such Bond. The registered holder of any Bond registered as to principal shall also ~ve the right to cause the same robe reg~ered as-payable to bearer, in which case transferability by delivery shallbe restored, and thereafter the princiPal of such Bond when due shallbe payable to the Derson presenting the same for payment. Any Bond registered as payable to bearer may be ~egi~t~red again in the name of the holder with the same ~ffect as a first registration thereof. Successive registrations and transfer as aforesaid may be made from time to time as desired, and each such registration or transfer shall be noted on the Bond. The registratiion of any Bond, however, shall not ~ffect the negotiability by delivery merely of coupons appertaining to such Bond, and every such coupon shall continue to pass delivery and shall remain payable to bearer, and payment thereof to bearer shall fully discharge the County in respect of the interest therein mentioned, whet~r not such Bond be registered. Provided, however, the bond holder requesting registration shall bear all expense of shipping, mailing and insuring any such Bon~s. ARTICLE II. RED~4PTION OF BONDS BEFORE MATURITY Section 2.91. The Bonds which mature after October 1,~1958, shall be subject to r~demption prior to the maturity dates expressed therein, at the 9ption of th6 C~unty ( to be evidenced by appropriate resolution of the Board of upervisors of the'County), either as a whole, or in part in the order stated below, n October 1, 1958, or on any interest payment date thereafter, at the principal amount thereof and the interest accrued thereon to the d ate fixed for such redemption, upon previous notice given tothe holder in person at ~ asr ten days before the ~ate fixed for such redemption or given by publication once a week for two successive weeks in a newspaper published and of general circulation in the City of Richmond,Virginia. If less than all the Bonds outstanding on such date are to be so rede~ned, the Bonds to be so redeemed shall be those Bonds then outstanding which bear the highest identifying numbers. Section 2.02. If, on the date fixed for such redemption~ moneys for the redemption o f the Bonds to be redeemed shall be held by t he Fiscal Agent in the Redemption Account of the Debt Service Fund hereinafter created, so as to be andtcontinue'to be available ~kerefor. and if notice shall have been given as aforesaid, then, from and rafter the date ~ixed for.such redemption the Bonds so called for ~e~emption ~hall cease tob~ar intereS$,~tSe~coupons for~interest appertaining thereto maturing subsequent to said dat~ shall be void, and such Bond: and coupons shall be deemed to have been retired and shall no longer~be considered as outstanding hereunder. If said moneys shall not be so available, such Bonds shall continue to bear interest ~ntil paid at.the same rate as they would have borne had they not been called for redemption, and shall continue to be entitled to the benefits afforded by this Resolution. All moneys held by the Fiscal Agent for the redemption of particular Bonds shall be held in trust for the account of the holders of ~he Bonds so to be redeemed. ~ Section 2.03 Moneys in the Redemption Account of the Debt Servic9 Fund may be~ applied at any time bY the County to the purchase of any of the Bond s. ~ ARTICLE III. APPLICATION OF PROCEEDS OF BONDS Section 3.01. All moneys received by the County in payment for the bonds, exclusive of accrued interest, shall be credited to a special fund which is hereby created and which shall be known as the "Chesterfield County Water Supply System Construction and Purchase Fund" (hereinafter referred to RS the Construction Fund). All moneys credited to the Construction Fund shall be deposited with the County's depositary or depositaries, and shallbe subject to a lien and charge in favor of the holders of the Bonds and held for the further eecurity of such holders until paid out as hereinafter provide Section 3.02. The moneys credited to the Construction'Fund shall be applied by the County to the paymemt of the cost of constructing, a cquiring~ reconstructing, improving and extending water supply systems in the County. Said water supply systems are hereinafter collectively referred to as the Water System, and said term Water System, as hereinafter used, means and included all water supply systems now owned by the County or hereafter acquires or constructed by the County and all additions and extensions to such water supply system$~. Section 3.03. The amount received by the County from the purc~ms~s of the Bonds as accrued interes$, if any, shall be paid hy the CountF into the Current AccOunt of the Che~erfield County Water Debt Service Fund created by Section 4.03 of this Resolution. ARTICLE IV. APPLICATION OF REVENUES ~ Section 4.01. All revenues derived by the County from the opera~ion of the Water System shall be collected and/or received by the Treasurer of the County and deposited by him, as promptly as praCtical after their receipt, in a bank'or banks authorized to act as depositary or de- positaries of the County, and shall be held by such bank or banks in a special fund or account to be known as the "Chester County Water Revenue Fund" (hereinafter referred to as the Revenue Fund). Section ~.02. From t he Revenue Fund the County shall first pay the Expenses of Operation and Maintenance of the Water System as such expenses become due and-payable. The term "Expenses of Operation and Maintenance", as used in this Article, means the reasonable and proper expenses of operation and maintenance of the Water System, including, without limiting the generality of the foregoing, expenses of repairs, replacements, salaries, wages, materials, supplies, water purctmsed, insurance, taxes, lega~ expenses, engineering expenses, accounting expenses, expenses of the Fiscal Agent hereunder, and all other reasomble and proper expenses incurred in Operating and maintaining the Water System and keeping it in good r~pair and operating condition. Section 4.03. There is hereby created a special fund, to be known as the "Chesterfield County Water Debt Service Fund" (hereinafter . referred to as the Debt Service Fund), which shall be divided into a "Current Account", a "Reserve Account" and a "RedemPtion Account", and shall be held by the Fiscal Agent hereinafter referred to. Or or before the last day of the month in which any Bonds are delivered, and on or before the 15th day of each month thereafter, the County shall, out of moneys remaining in the Revenue Fund'after payment of Expenses and Operation and Maintenance then due and payable, pay (a) Into the ~urrent Account of the Debt Service Fund: (i) An amount equal to one-sixth (1/6) of the interest payable on the Bonds then'outstanding on the interest payment date nemt ensuing, less the amount , if any, received as ac=rued interest from the purchasers of the Bonds and deposited to the credit of the Current Account and available for ~he purpose of paying said interest; and (2) An amount equal to one-twelfth (1/12) of the principal f the Bonds then outstanding that will nature on the ctober first next ensuing; and (b) Into the Reserve Account of the Debt Service Fund: An amount equal to twenty percent (20%) of said payments into the ~urrent Account: provided, however, that ~be~eve~ an~ for so long as the amount in the Reserve Account shall be as much as the aggregate amount of principal and interest that will becom~ due and payable in the twe~e months' period beginning on the October second next ensuing on the Bonds then outstanding, no payment need be made into the Reserve Account; and provided, further, that no greater payment need be made into the Reserve Account than shall be necessary to make the amount in the Reserve Account equal to said ~gEregate amount of principal and interest. In addition to the amount required by the foregoing provisions of this Section tote paid into the Current Account of the Debt~ Service Fund on or before the last day o f the month in which any Bonds are delivered, the County shall pay into said account, o~ or before said day, out of moneys remaining in the Revenu~ Fund after the payment of Expenses of Operation and Maintenance then due and payable, an amount equal to the amounts, if any, which would ha~e been theretofore paid pursuant to said foregoing provisions' into the Current Accounts with respect to said Bonds {a} on account of interest, if said Bonds had been delivered six months before the interest payment date next ensuing, and (b) on account of principal, if said Bonds had been delivered one year before the principal payment date next ensuing · If for any reason the moneys in the Current Account or the Reserve Account of the Debt Service Fund shall a t any time be less than the total amount required by the foregoing provisions of this Section to be paid into~ such account up to such time, after ~e~ucting, in th~ case of the Current Account~ moneys previously applied to, or set aside and held by the Fiscal Agent for, the payment of matured BOnd~ and matured coupons appurtenant to Bonds, the amount of the deficiency shall be add$~ to the amount otherwise required to be paid fro~ the Revenue Fund into such deficient account in each month thereafter until all such deficiencies shall have been made up. On or before the 15th day of each month after the delivery of any Bonds, after {a} payment of Expenses of Operation and ~aintenance as requ~ed by Section 4.02 {b} payment into the Current Account and the Reserve Account of the Debt Service of the amounts required by the foregoing provisions of this Section ~.O3 to be paid into said accounts, and {c) payment of the amount required by Section 4.05 to b~ set aside in the Operation and Maintenance Reserve Account created by Section 4.05, the County shall pay into the Redemption Account of the' Debt Service Fund the entire balance of the moneys remaining in the Revenue Fund, except so much of said moneys, if any, as the County shall he authorized by law to use and shall hmve determined to use for the purpose of paying other obligation~ payable from said moneys or for the purpose of enlarging or extending the Water Sy st em. Whenever and for so long as the moneys in the Debt Service Fund are at least equal to the aggregate principal amount of the Bonds issued and unRaid, plus the amo~nt.of interest then due and thereafter to~ecome due on the Bonds issued and unpaid, no further payment need be made into the Debt Service Fund. Section 4.04. Moneys in the Current Account of the Debt Service Fund shallbe used by the Fiscal Agent for the purpose of paying or making provision for paying the principal of and interest on the Bonds as such principal and interest fall due.~ l~ioneys in the Reserve Account of the Debt Service Fund shall also be used by the Fiscal Agent for said purpose whenever and to the extent that the moneys in the Current Account shall be insufficient for said purpose. If at any time the aggregate amount in the Current Account and the Reserve Account shall be insufficient for said purpose, the Fiscal Agent shall transfer from the Redemption Account to the Current Account am amount sufficient to make up Ehe deficiency, if there shall be at that time in the Redemption Account moneys not needed for the purpose of paying the principal of Bonds previously called for redemption; but any moneys so transferred from the Redemption Account shall be restored from the first available moneys in the Revm ue Fund, after payment of current Expenses of Operation and Maintenance. Noneys in the Redemption Acc,,unt not needed for the purpose of ma~ing up such a deficiency shall be applied to the purcha se or redemption of Bonds pursuant to the provisions of Article II. All moneys in the Debt Service Fund shall be held by the Fiscal Agen~ in trust, and they are hereby-pledged to and charged with the payments mentioned in this Section. Provided, however, that the County reserves the right to lend out and/or invest, as provided by Chapter 175 of the Acts of Assembly of Virginia of 1946, such moneys as may from time to time be in the Redemption Accoun$ of the Debt Service Fund and which moneys will not be needed for the purpose of such Debt Service Fund until at'least two (2) years subsequent to the date of ~uch proposed loan and/or investment. Section 4.05. There is hereby created a special account in the Revenue Fund, to be known as the Operation and Maintenance Reserve Account. Onor before the 15thday of each month after the delivery of any Bonds, after making the payments for Expenses of Operation and Naintenance requir ed by Section 4.02 and the payments into the ~urrent~A~count and Reserve Account of the ~ebt Service Fund required by Section 4.03, the County shall set aside and pay into the Operation and Maintenance Rese ~ve Account the balance of the revenues re~aining in the Revenue Fund until there sh$11' be accumulated in the 8peration and Maintenance Reserve Account the sum of $10,0OO.O0, after which no further payment need be made into such Account unless the moneys therein shall become less than said sum, in which event such further payments ~hall be ~de fro~ time to time into said Account as may be necessary in order to make t he moneys therein equal to said sum. Moneys in said Account may be used by the County for the purpose of making any payments required by the proceding Sections of this Article, except the payments required to be made to the Redemption Account of the Debt Service Fund. ARTICLE V. PARTICULA~ COVENANTS OF THE COUNTY Section 5.O1. The County covenants and agrees that it will duly and punctually pay, or cause to be paid, the principal of all Bonds issued under this Resolution and the interest thereon, on the dates, at the place and in the manner set forth in such Bonds and in the coupons thereto appertaining, and that it will faithfully do and perform and at all t~imes fully observe any and all covenants, undertakings, stipulations~and provisions contained herein or in the Bonds at any time outstanding hereunder. Except as in this Resolution otherwise provided, such principal and' interest are payable solely from the revenues derived from the Water System, which revenues are hero,by pl~dg_ed tlo the payment thereof in the manner and to the extent hereinabove part'cular y specified, and nothing in the Bonds or coupons or in this Resolution shall be construed as pledging the credit of the County or as obligating the County directly or indirectly or contingently to levy a tax therefor. Section 5.O2. The County covenants that it will at all times maintain the Water System in gocd working order and condition, and will continuously operate the same, and will, from time to time, make all proper repairs, renewals, and rep~a cements. Section 5.03. The County covenants that it will at all times fix, establish and collect adequate rates and charges f~ the services furnished by the Water System, so that the revenues collected will at all times be suffi~cie~t to pr ovide funds for paying the Expenses of Operation and Maintenance as they become due and payable and for making the payments required by'Section 4.03 and 4.05 to be made to the special funds created by those sections. Section 5'04. The County covenants that it will at all times carry insurance in a responsible insurance company or companies'authorized and qualified under the laws of Virginia to assume the risk thereof, covering such pro~e tries belonging to the WaterSystem as are customarily insured, and against loss or damage from such causes as are customarily insured against, by companies engaged in the operation ~f water systems. The proceeds o~ any and all such insurance shall, to the extent necessary, be applied to the repair and replace- ment of~the damaged property. If such proceeds are more than suf~icient for suc~ purpce e, the baladce remaining shall b e paid into the Redemption Account of the Debt Service Fund. Section 5.05. The County covenants that so long as the Bonds or anh of them shall be outstanding and except as in this. Resolution otherwise permitted it will not sell, lease or otherwise dispcse of or encumber the Water System or any part thereof and will not create or permit tote created any charge or lien on the revenues of the Water System ranking equally with or prior to the charge or lien on such revenues of t he Bonds issued under and securRd by this Resolution. The County may, however, from time to time, sell auy machinery, fixtures, apparatus, tools, instruments, or other movable pro~rty acquired by it in connection with the Water System, or any materials used in connection therer with, if the County shall be resolution of its Board of Supervisors determine tha~ c articles are no lon er needed or are no longer useful in· connection with the| su h g construction or operation and maintenance of the Water System, and the proceeds thereof shall be applied to the replacem~mt of the properties so sold or disposed! of or shall be deposited for the credit of the Revenue Fund. The County may from time to time sell or lease such other property forming part of the Water System as it may determine i$ not needed or serves no useful purpose in connecti°~ with the maintenance and operation of the Water System; the proceeds of any such sale shall be deposited to the credit of the Redemption Account of the Debt Service Fund, and the rentals from any such lease shall be deposited to the c redi~ of the Revenue Fund. Section 5.06. The County covenants that it will keep proper books of account (separate from all other records and accounts) in which complete and correct entries shall be made of all transactions relating to the Water System. Such books shallbe open tothe inspection of all interested persons. T~e County further covenants that during the months of ~iay and No~.em~r in each year while any of the~Bonds are outstanding it will cause to be filed with the Fiscal Agent a report, certified by a competent and independent certified public accountant, showing, ~lth respect to the six months' period ending at the beginning of~ such month, the revenues and expenses of the Water System, the number and classification of consumers supplied by the Water System, the payments to and withdrawals from each of the separate funds or accounts created by this Resolution, the ~ounts on deposit in each of said separate fznd~ o~ accounts at the end of such six months' period, and such Other information as may be necessary to enable the holders of the Bonds to be fully informed as to all mattera pertaining to the financial operation of the Water System during such six months' period and the financial condition of the Water System at the end of such period. ARTICLE VI. DEFAULTS AND REMEDIES Section 6.01. If a coupon appertaining to any of the Bonds shall in any way before,~ at or after maturity be transferred or pledged separate and apart from the Bomd to which it appertains, such coupon shall not, unless accompa~iad by such Bond, be entitled, in case of default hereunder, to any benefit ok or from this Resolution, except after prior payment in full of the principal of all Bonds and of all coupons not so transferred or pledged. E£ the time for the payment of any coupon appertaining to any of the Bonds shall be directly or indirectly extended, or the extension thereof shallbe assented to by the County, or the County shallbe a party to or approve of any~arrangement for such extension by purc~m sing such coupons or in any ohh~r manner, .then, anything in this Resolution contained to the contrary notwithstanding, such coupons so extended shall not be entitled, in case of default hereunder, to any benefit of or from this Resolution, except after prior payment in full of all Bonds outstanding hereunder and of all such coupons as shall not have been so extended. Section 6.02. If one or ~ore of the following events (herein called "events of default")shall occur, that is to say, in case (a) Default shall be made in the payment of the principal amount of any Bond when the same shall become due and payable, whet~r at maturity, by call f or redemption, by declaration or otherwise; or (b) Default shall be made in the payment of any installment of interest on ~ny Bond when the same shall become due and payable, and such default shall continue for thirty {30} days, or (c) Default shall be made in the performance of any other' covenant or agreement contained herein or in any Bond, and such default shall continue for thirty (30) days after written notice of such default, specifying such default and requesting that it be remedied, shall have been given to the County by the holders of at least 20 per cent of the then outstanding bonds; or (d) The County shall for any reason, be rendered in¢$pable of fulfilling its obligations under this Resolution, the holder of not less than ~5% of the aggregate principal amount of the bonds then outstanding may, by a notice in writing to the County, declare the principal of all the Bonds then outstanding (if not then due and payable) to be due and ayable immediately, and upon such declaration the same shall become and be mmediately due and payable, anything in the Bonds or in %his Resolution con- tained ~o the contrary notwithstanding; provided, however, that if at any time after the ~rincipal of the Bonds shall have been so declared tote due and payable, all arrears of interest, if any,-upon all the Bonds then outstanding, and all other indebtedness secured hereby, except the principal of any Bonds nCc then due by %heir terms,md the interest accrued on such Bonds since the last interest payment date, shall have been paid, or shall have bean provided for by deposit with the Fiscal Agent of a sum sufficient to pay the same, and every other default in the observance or performance of any covenant, condition, or agreement in the Bond, or in this Resolution, contained, shall be made good, or provisions therefor satisfactory to such Bond holders of not less than 55% in principal amount of the Bonds then outstanding may, bY written notice to the County, rescind and annul such declaration and its.consequences, but no such rescission or annulment shall extend to, or afflict, any subsequent default or impair any right arising therefrom. Section 6.03. Upon the occurrence and continuance of an event of default, as specified in Section 6.02, the holder of any Bond may proceed to protect and enforce the rights of the Bond holders under this Resolution by mandamus or other appropriate action, suit or proceeding at law or in equity in any court of competent jurisdiction, for the specific perfornance of any covemmnt or agreement contained herein or in aid or execution o f any power herein granted, or for the enforcement of any proper legal or equitable remedy, as such Bond holder shall deem most effectual to ~ro~ect and enforce the rights aforesaid, insofar as such may be authorized by law. Section 6.04. No remedy herein afforded to holders of Bonds is intended to be exclusive of any other remedy or remedies, but e ach and every such remedy shall be cumulative and shallbe in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Section 6.05. No delay or omission of the holder of the Bonds to exercise any right or power accruing upon any event of default occurring and con- tinuing as aforesaid, shall impair any such right or power or shallbe construed to be a waiver of any such default or an acquiescence therein; and every such right and power may be exercised from time to time time and as often as may be deemed expedient. ARTICLE VII. MISCELLANEOUS PROVISIONS Section 7.01. This Resolution is adopted pursuant to'the provisio of Chapter 175 of the Acts of the General Assembly of Virginia of 1946, as amended by Chapter 56 of the Acts of the General Assembly of Virginia of 1948. LS Section 7.02. In consideration of the purchase and acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from'time to time, this Resolution shall be deemed to be and shall constitute a contract between the County and the holders from time to time of such Bonds; and the covenants and agreements herein set forth to be performed on behalf of the County shall be for tohe equal benefit, protection and security of the holders of any and all such Bond~ and coupons, all of whiCh, regardless of the time or times of their issue or maturity, shallbe of equal rank without preference, priority or distinctioD of any o f the Bonds or coupons over any other thereof except as expressly provided here in. Section 7.03. Except as herein otherwise expressly provided nothing in this ~esolution is intended or shall be construed to confer upon any person, firm or corporation other than the holders of the Bonds, any right, remedy or claim, legal or equitable, under or by reason of this Resolution, or any covenant, condition or stipulation herein, this Resolution and all its covenants, conditions and stipulations being intended to be for the sole and exclusive benefit of the holders from time to time of the Bonds. Section 7.04. In the event that any one or more of the pro- visions of this Resolutdon shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, and this Resolution, and the Bonds issued pursuant thereto, shall be construed and enforced as if such illegal or invalid provision or provisions had not been contained in this Resolution. Section 7.05. Of the Bonds hereby authorized there shall be issued a t the present time Four Hundred Thousand Dollars ($400,000) principal amount of Bonds, consisting of the lowest numbered twenty Bonds maturing in each of the years 1949 to 1968, inclusive. Said Four Hundred Thousand Dollars ($400~000} principal amount of Bonds are hereby awarded to ocott, Homer and Mason, Inc., at the ~r ice of par and accrued interest from the last interest payment date of said Bonds to the date. of delivery of said Bonds. The Chairman and Clerk of the Board of SuperVisors are hereby authorized and directed to cause to be prepared and to execute the Bonds hereby awarded and to deliver them to Scott, Horner and Mason, Inc., upon payment to the Treasurer of the County of said purchase price of par and accrued interest. The receipt of said Treasurer shail be a full acquittance to the purchaser, and the purchaser shall not be obligated to see to the application of the purchase price. Before delivery of said Bonds the coupons for interest payable on October 1, 1948, shall be detached and canceled. Section 7.06. The First and Merchants National Bank of Richmond, in the gity of Richmond, Virginia, is hereby appointed as Fiscal Agent under the provisions of this Resolution. The County reserves the right to at any time change its Fiscal Agent, and agrees that any new Fiscal Agent shall be a bank or trust company in the City of Richmond, Virginia. Section 7.07. If the County shall pay or ca~ e to be paid to the holders of the Bonds and the coupons appurtenant thereto the principal and interest to become due thereon at the times and in the manner stipulated therein and in this Resolution, the Fiscal Agent shall assign and deliver to the County any moneys or property held by it subject to this Resolution which may be then in the possession of the Fiscal Agent other than moneys held by it for the payment of principal of or interest on Bonds not yet surrendered for payment or redemption.i Bonds and coupons for the payment or redemption of which moneys shall have been deposited with the Fiscal Agent, whether at or prior to the ~aturity o~ the redemption date of such Bonds, shall be deemed to have been paid within the meaningi of this Section and shall not be deemed to be outstanding; provided, however, that if such Bonds are robe redeemed prior to the maturity thereof, notice of such redemption shall have been duly given. upon its adoption~ Section 7.08. This Resolution shall take effect immediately or~ere~ taav~ ~he meeting be now adjour~il 8:00 p.m. October 19, 1948. ~ '~ ~'~~~/~ ~ EXecutive Secret~Y ~ .... ~r Uhairm~ ~