05-13-1992 MinutesNay 13, 199~
Supervisors in Attendance:
Mr. H~rry G. Daniel, Chai~m~n
Mr. Arthur $. Warren, Vice Chrm.
~Lr. ~aley M, Culbsr~
Mr. J. L. McHale, III
Mr. Lane ~. Remsey
County A~ministra=or
Staff i~ Attendance:
Ms. Gilly Bland,
Registrar
Ms. Mary Ann Curtain,
Admln./Ch/ef, B~dg~ and
Mrs, bori~ K. D~Hart,
Asst. Cc. Ad, in.,
Legiu. eYeS. and
Int~rgov=rn. Affairs
Chief Robert L. ~anes, Jr.,
Fire Department
Mr. Bradford 8. Hammer,
Deputy CO. Admin.,
Management ~ervicez
Dir., General Services
Dir., Planning
Dr. Burt Lows, Dir., ~
~ental ~eal~h/Mental
Retardation
Ms. Mary Leu Lyle,
Dir., Accounting
Mr. Jacob W. Mast, Jr.,
Dir., Nursing Nom~
Mr. R. John McCracken,
Dir., Tra~portatlon
Mr. Richard M. McElfish~
Dir~, Env. Engineering
Mr. Steve~ L. Micas,
County Attorney
Mrs. Pauline A. Mitchell,
Dir., ~ews & Public
Information So,Vices
Dr. William Net~en,
Dir., Health
~r. Richard Nunnally,
Extension Agent
Ac%ing Clerk to the Board
Mr. Richard F. 8ale~
Deputy Co. Admin.,
Community Development
Ms. ~ea~ smith, Dir.,
social Service~
~r. Jams= J. L. Steg~aior,
D~., B~dget & Munugement
~r. David H. Welchon~,
Dir., Utilities
~r. Erederiek Willis, Jr.~
Dir., H~a~ Resourea Mgt.
Mr. Daniel called the regularly scheduled meeting to order at
3:05 p.m. (EST).
.......................... J ., L L ............
A. APR.~ 22,
0m motion of Hr. Warren, se=ended by Mr. McHale, the Board
approved the minutes of April 22, 1992, ns submitted.
Vote: Unanimou~
On motion of Mr. Colbert, seconded by Mr. M:Hale, the Board
npproved the minutes of April ~9, 1992, ~ ~ubmitted.
Vote: Unanimous
2. COU~F~Y ADMINISTRATOR'S ~S
Mr. Ramsay stated the vi~glnla ~tate P01ioe Aviation Unit had
recently been presented with an international award for the
Most "worthy contribution tc the advancement of the crime
suppression concept of helicopter patrols".
Vi~inia State Police Colander Aviation Unit~ and Lieutenant
Bill Buell, chief Flight Par~sdic for the Chesterfield County
Fire Department. He ~tated ~ Virqinia ~tate ~olie~ Aviation
uni~ had been presented with the coveted "McDonnell Douglas
of the A~iatt~n Unit was the M~d-Flight Proqram which involved
the Virginia State Police, th~ ~e~terfield cowry Fire
Debarment, M~ Hospital and the Virginia Division
Eme~ency ~edical Semites. He o0ngratulated Li=ut~nant
appreciation to those involve~ in the Program.
Midlothiam ~igh Schools who were present to obsess the Board
3. BOARD ~OMMi['r~'~E BE~ORTS
4. }~QOESTS TO POSTPONE AC~ION. ~ENCY~d)DITION~O~
C~ANG~ IN -~ ~ OF ~S~ATI~
On motion o~ ~. Dazber, ~euonded by Mr. McHale, the ~oard
moved Items 2.A. ~n4 2.B., Cowry Administrator's Co~ent~ to
follow Item 13., Pledge of Alleglanc~ to %he Flag U~ th~
u~i=~d ~at~s of ~erica; moved Item 6.E.5., Application of
Concerned Citizens of Sou~ide~ In~. for a ~i~go Pe~it to
Sollow It~ 6.D., Streetli~ht Installation Co~t Approvals;
added Item 6.E.18., Award Of $al~ for $15 Hillion of Bond
Anticipation Not~s Ser~e~ of 1992 t0 follow It~ 4; and
moved Item 6,B., ~omlnation and Apgoi~en~ of Candi~ata for
~e School Board from the Matcacu Magisterial District to
follow thi~ it~ and~ adopted the ag~n4a, as amends4.
92-336 5/13/92
~0~ ~OH 'l'f~ ~ATOA~A~IAGIeTZ~I~LDIS~T~ICT
Mr. ~icas stated the ~oard had h~ld a p~lio hearin~ on ADril
29~ 1992 for ~andidatem to pre~nt themselves to se~e on the
School ~ard reprimanding Ma%oa~a ~a~is~erial Dist~iot. He
fu~her stated Mm. Jocelyn Barnwell, Dr. William A. Claybo~e
~nd Dr. Mar~ A. Johnso~ had p~esented themselves at the
public hearing and were eligible for appointment. He not~
~e appointment would be effmative J~ly 1, 1992 and would be a
~o~r year
After brief discussion, on motion of ~r. Colbert, ~condad Dy
Mr. McHale, the Bourd suspended its ~l~s to all'ow
~imul~ane~us n~mina~ion/a~poin~m~n~ a~ ~hi~ time for
~=presentutive %o se~e on the Chesterfield County Zchool
Vo=e: UnaBimo~$
Mr. Bar, er stated during his te~ as a Supe~i~o~, many issues
relating to ~e School Syste~ would b~ addressed and he felt
his experience as a school teacher could offer insiqht into
~e educational process and he could se~e ~e b~st
of all County citizen~ Dy ~is participation in
affe¢ting the S~hool System. He further stated the vi~inia
co~flict of I~te~est Act allows him to leqally participate in
and vote on issues which may aff~=~ school teachers or any
ot~e~ aspect of ~e School System p~ovided he p~llcly
a~ility tO pa~ticipate fairly, objectively and in ~e p~lic
int~r~t. ~ indioat~d h~ f~lt he could participate in
manner and wa~ planning to Continue to do so on such school
Mr. Colburt mud~ u motion, seconded by Mr. Warr~, ~or th9
Board to simultaneously nominate/appoint at this ti~e D~.
Kar~ A. Johnson, representing Mato~oa Magisterial Dis~ric~,
Mr. Dan{~l stated the County Charter provided ~ut the
Supe~isor from ~e ~atoaca District must nominate a
f~r aDpointment and provlde~ an~. other ~e~er of ~e Board ~y
also nominate a candidate from those identified at the
tearing.
There were no other nominations for reDr~ntative~ to
on the Chesterfield County School Board regresen~ing ~toaca
Magisterial District.
Mr. Daniel ~alled fo~ the vote on the motion ~de by
colbert, s~conded by ~r. Warren, for th~ Board to
~imultaneously nominate/appoint at this time Dr. Har~
Johnson, reDresenting ~toaca Magisterial District, to
on the Chesterfield County School Board, who~e te~
effective July 1, 199~ and will e~pi~e June 3Q; 1996.
the SChool Board and ~xpre~d appreoia~ion to the ~oar4 for
having confidence in h~m to se~e in this capacity. Ke
interests and conce~m of the Citizen5 and wo~ld ~epre=ent all
in ~e best interest of Matoaca District and the coungy.
5/13/92
6.E.la. AWARD OF SAL~ DR $15,000,000 OP ~OBD A1~TICIPATIO~
Mr. ~er ~tated the County had recelv~d bid~ for $1~ ~llicn
~f Bond Anticipation Not~ - S~rles ~f 1992 pendin~ ~ard
r~te of 3~150 per~ent by Davenpor~ & Company and the remainin~
$i4 million were bid by Prudential gecuritiez at a net
interest rate of 3.15081 percent. He meted staff was
r~co~nding mn award of sale to DavenDo~ for $1 million and
to P~dential Securitie~ for $14 million.
On motion of Mr. MoSaic, seconded by Mr. Barber, the Board
adopted ~he fellowing resolution:
COU~Y O~ CM~ST~L~,
SECTION 1. Findimqm and Dete~inmtiomm. (a)
~urmuan= to chaDtmr 5 of Title 1~.1 of ~he Code of virginia,
1~50 (the m~me being the Publlc Finance Art of 1991),
electio~ d~ly called and held under the ~blic ginance ACt
the cowry of Chesterfield, Virginia (th~ "County"),
county ~ated Dece~er S, 19S~, ~ County is authorized
contract ~ebt and issue its gen~ral obligation bonds in the
~xim~ amour of one hundred thirty-five million nine
of mit~m fo~ fUtUre school const~ction.
(b) ~rsuant to Section 1~.1-189 of ~e ~blic
to issue general obligation bonds in ~e principal amount
one hundred thirty-fiv~ million nin~ hundred thousand dollars
($1s5,900,0~0) for oapital ~ol imprevement proj~ct~ in ~
County as authorized by ~m voters of ~e County at
aforementioned election held on Nove~er s, 1988.
(c) The Board of Supe~isor~ deems it advisable and
ut this time for the immunnce, male and delive~ of fifteen
g~eral obligation bonds authorized for issuance by the voters
of the County at the aZor~entione~ elco=ion =alle~ am~ held
in the County on Nove~mr 8, 1988. The proceeds of sale of
co~t~ of capital ~chool improvement p~ojects of and for t~e
~ereby ~alI be in addition to the ~en~ral obligation bondn
~or capital SG~001 improvement ~rojeots au~orized for
issuance but unissued pursuant to th~ r~ol~tion ad~pt~d by
~e Board of Sup=~isor~ on Nove~er 28, 1990.
(d) ~e Board of supe~isors deems it advisable and
in the bast lntare~t~ of ~e Co~ty to authorize and provide
at this time for the i~uanc~, sale and delivery of
million dollars ($15,000,000) aggregate princlpal amount
general obli~at~on bond anticipation no%es of %h~ County
"Notes"] in anticipation of ~e i~uan=~ of th~ bond~
to in paragraph (c) above. Th~ proceeds of sale of auch
general obligation note~ ~hall be appli~ to finan¢e ~e
of capital ~chool improwement project~ of and fo~ the County.
pursuant to a Re,est for Propo~al~ d~ted ~ay 6, ~992.
SECTION 2. Authorization of Bonds. For the
of finanoing ~e cumts of =apital school improvement projects
in the County, a~ authorized by ~ voter~ of the County at
the $1~ction held in the County on ~Qva~er S, 19SS, ~ere are
hereby authorized to be issued, sold and delivered an i~ue
fifteen mitlion dollars ($16,000,0OO) principal ~o~t
general obligation bonds of the county to b~ designated and
-r
known as "Public Improvement Bends" (hereinafter referred to
as the "Bonds"). ThE Bond~ Shall be issued and geld in their
as s~all be ~etel~mined by the County Administrator of the
County. The Bonds may be ~old at the .same time as other
general obligation bends are sold by the County, The Bends
shall bear interest at such rate ar rates per annum as shall
he specified in the hid accepted by subset/usnr resolution of
the Board oS Supervisors for the purchase of the Bonds of
series, if any bid therefor be accepted. The county
A~miniatrator is authorized to determine~ in accordance with
and subject to the provi~ion~ of this r~selution: whether the
~ends of any series Shall be in fully-registered or bock-entry
form; the denomination or denomina~ion~ of =~e Bunds; the
the interest paym~Dt date~ thereof; the ~scord dates for the
payment of interest thereon; the maturity date~ thereof; the
amount of principal maturing on each maturity date; the
or places of payment thereof and the paying agent or paying
agents therefor; the place or places of regi~tration~ exchange
~unds shall be subject =o redemption prior to thei~ stated
maturity o~ maturities and if =ubject to s~eh redemption, the
premium, if any, payable upon such redemption amd the
SECTION 3. Appointment of Registrar: Pav~9.n~
(a) Appointment of Registrar. subject to the
approval of the Board of Supervisors hy subsequent resolution
adopted on the date cf sale of the Bonds, the County
Administrator is hereby authorized to select, for each
(her~ina£ter referred to as the "Registrar"), which Registrar
(b) Pa~ent of Bonds. (i) At any time during
which th~ ~onds of any series shall be in fully registered
payable by cheek er draft mailed by the Registrar to the
re~£stered owners of the Bonds of such series at their
such ~erles, and the principal of and premium~ if any, on the
Bonds shall be payable at the principal office of
Registrar.
(ii) At any t~me during which the Bonds of any
series ~hall ~e in book-entry for~, the ~rlncipal of and
premium, if any, and interest on the Bonds of such series
shall be payabl~ in accordance with the arrang~4~ente made with
the depository for the Bonds of such
(iii) The principal of and premium, if any, and
interest on the Bonds shat1 be payabl~ in such coin or
dates of payment is legal ~endsr ~er public and private debts.
Bonds. (i) At all times during which any ~ond
outstanding and unpaid, the Registrar ~hall keep or cause to
be kept at its principal offlc~, books of registry for the
presentation at the principal office of the Registrar for much
~egistry the Bond~ as herein set £urhh; ~rovided, however~
that the Registrar shall not be re,ired to do sc with respect
to any Bond after the close of bus,ness on the forty-fifth
92-339
(45th) day next preceding any date fixed for the redemption of
s~¢h Bond or any portion thereof.
(ii) Any Bond may be exchanged at the principal
office of the Registrar for a like aggregate principal amount
of ~onds in other authorize~ principal amounts of the same
interest rate and maturity.
(iii) Any Bond may, in accordance with its
terms, he transferred upon the books of registry by the person
in whose name it is registered, in person or by his duly
authorized agent, upon surrender of such ~ond ko the Registra~
transfer duly exmcuted by the registered owner in person or
his duly authorized agent, in form ~ati~factory to the
Registrar.
(iv) All transfers or exchanges pursuant to this
Section 3(¢) shall be made without ex-Dense to the registered
exchange of any tax or other goverrnmantal charges required to
be paid with respect to such transfer or exchange.
(v) Ail Bonds surrendered pursuant to this Section
3(e) shall be cancelled and not reissued.
(a) Provisions for Redemption. Subject to the
Admlni~trator ~hall dat~rmin~ the provision~ for th~
(b) Notice of Redemption. Notice of any such
redemption shall be mailed not less than thirty (30) days
prior to tho date fixed for redemption by first class mail,
postage prepaid, to the registered owner of the ~onds to be
becks of registry, such notice shall specify the date,
~t~mbers and m~turities of the ~onds to be redeemed, the date
and ~lacs fixed ~or t-heir rsd~mption end the premium, if any,
principal ~o~n= u£ an~ ~ond is to be redeemed, that such Bond
must be murrendered ~n exchange for the principal amount
equulling in principal ~fl~ount that portion of the principal
~mount thereof not redeemed, en~ shall also state ~hat upon
the date fixed for redemption there shall become due and
payable upon each Bond called for redemption the principal
premium, i~ uny, and the ~nterest acc~ed On s~ch princ~pal
amount to the date fixed for redemption, and that from and
(c) ~ffect of R~demptic~. When notice of
set forth, ~Ugh Bond '(or ~he principal amoent thereof te be
redeemed} shell Become d~e and payable on the redemption date
specified in such notice at a price equal to the principal
together with the interest accrued on ~uch BODd (or o~ ~he
Whenever payment of such redemption pric~ shall have been duly
prlncipal amount thereof to be redeemed) so called for
specified for redemption.
(d) Cancellation. All redecnaO BonO= =hall be
cancelled and not rci~eund.
SECTION 5. Bxcoution nnd Authentication of B~nd~
CUSIP Identification Kumbers.
(a) Execution of Bonds. Thc Bonds shall be
executed in the n~me of the County by the manual or facsimile
signaturs oS the Chairman of thc Board of ~upervisors, and the
corporate seal of the Board of Supervicorc shall bo i~pressed,
or a facsimile thereof printed~ on the Bonds, attested by the
manual or facsimile signature of the Clerk of the Board of
Supervisors, neither of which eignaDurec ic required to be
manual.
(b) Authentication of Bonds. The County
Administrator shall direct the Registrar to authenticate the
Bondc and no ~0n~ ~hall be valid or obligatory for any
unless and until the certificate of authentication endorsed on
suc~h Bond shall have been manually executed by an authorized
oignator of the Registrar. Upon the authentlcatio~ of any
BonO, the Registrar shall insert in thc certificate of
authentication the dat~ a~ of ~hich such Bond i~ authe~tieate~
ac follows: {i) if the Bond is authentioated prior to the
first interest payment date, th~ Certificate =hall be dated as
of the date the ~onda ars delivered to and paid for by the
initial purchacere thereof; (ii) if the Bon~ is authenticated
u~on an interest Raymcnt date, the oertlflcate ~hall be dated
as of such interest palrm~nt date; (iii) if the Bond ia
authenticated on or after the r~ocrd data for tbs payment 0f
interact on the BO~45 and prior to such interest payment date,
the ccrtif~oat~ shall b~ dated as of su0h interest puymsnt
date; and (iv} in all other instances, the oe~ti£icate chall
ba dated the date upon which the Bond is authenticate~. The
execution and authentication of the Bonds in the manner a~ove
set forth ic adopted a~ a due and sufficient authentication of
the Bond~.
(e) CUSI~ Idsntifioatlon Numbcr~. CUSIP
neither the failure ts print any such number on any Bonds, nor
any error or e~i~ion with respect thereto, ~hall constitute
cause for failure or refusal by the mucoessful bidder for the
Bonds to accept delivery of and pay for the Bonds in
accordance ~ith the tcr~ of itc proposal to purchase the
Bonds. NO each nt~mber =hall constitute or be dee~ed =o be a
~art of any Bond or a part of the contract evidenced thereby
and no liability ~hall attach to the dounty or any of its
officers cr a~ent~ because of or en account of any =ach ~,~her
or any um, ~ade ~h~reof.
SECTION 6. Tax Covenant. The Coun=y Oov~nantc and
agrees to oom~ly with the provisions of Sections 103 and
l~-l~0 of the Internal Revenue Code of 198~ and the
appllcablc Treasury Requla~ions p~emUlguted thereunder
throughout the term of the 5snds.
SECTION 7. sources of Payment of Bcndc. The full
faith and credit of the County shall b~ and is hereby
irrevocably pledged to the ~unotual paymont of the principal
of and interest on the Bonds a~ the same become d~e. There
shall be levied and csllceted annually, at the same time and
collected, a~ valorem =a~es without limitation as to rate or
amount, sufficient to provide for ~h~ pa!r~ent of thc principal
of and interest on thc Bonds as the came respectively become
due and payable.
SECTION ~. Fo%~ of Bonds. The Bsndc shall be in
~ubstantially the form cot forth below with such necescary or
appropriate variations, omissions and insertions as are
92-341
incidental to their nut%bars, interest rates and maturities or
as are othel~i~e pe~mitted ar ~aquired by law or this
UNITED STAT~S OF AM~P~ICA
CO/~4OSTh~ALTK OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES OF
~d~GISTERED REGISTERED
No. R- $.
INTEREST RATE:
MATURITY DATE: DATE OF BOND:
CUSI? NO.:
REGISTERED OWNER:
PRINCIPAL A~OUNT:
The County of Chesterfield (hereinafter referred
as the "County"), a political subdivision of t_he Commonwealth
Regis~sred Owner (named above}, or registered assigns, OR the
Maturity nata (specified above), unless this Bond shall have
bean duly called for previoug r~demption and payment of the
red~ption price mhall have buun duly made or provide~ for,
the Principal A~omnt (specified above), and to pay interest om
such Principal Amount o~ , 19 and semiannually
date of authentication ~ereof to which inter~st shall have
been paid, ~nlmss much date of authentication is an interest
a~en~ioation i~ within tSe period from [insert appropriate
o~ fiftee~t~ duy cf calendar month] to such i~ter~t
da=e, in whio~ oa~e from such interest pa~ent date if
interest ha~ been paid to such date, until th~ pa~nt of suet
P:inui~l ~ount (each such date is hereinafter referred to
an interest pa~ent date) at the I~terest Rat~
above) per annum, by ~eck or draft ~ailed by the
hereinafter mentioned to the Registered ~er hereof at his
lan~age dep~ndinq on whet~er interest p~nt d~ta is first
or f~ft~nth day of calendar mon~].
The principal of and premix, if any, on this Bond
are payable upon presentation 5nd ~urrend~ h~eof at the
(the "Registrar"). The principal of and pr~ium,
if any, and interest on ~his ~ond ars Day~le in such coin
c~=rency of the United State~ of America a~ at ~e
dates of paten% is legal ~en~er for p~lic and private debts.
This ~ond i~ one of a duly a~orize~ issue of
(her~in refe~ed to a~ t~= "~ondm") ortho nggr~g~te
~o~t O~
($ ) Of lika date and tenor herewith, except for
nu~er, denomination, inca=est rate, maturity and redemption
p~ovi~io~s, and is issusd for the purpose of financing the
costs of various capital improvement projects in and for the
County, under and pursuant to ~nd in full compliance with the
Constitution and statutes of the Co~onw~al~ of vi~inia~
including Chapter 5.1 of Title 15.1 of the Code Qf Virginia,
19~0 (thm same beln~ th~ ~blio Finance Act of 1991),
election duly held in ~e Co~ty ~der s~ch Chapter 5 on
92-~42 5/~3/92
November 8, 1988, and resolutions duly adopted by the Board of
Superviser~ cf the County under s~ch chapter 5 on
and
The Bonds Of the series of ~on~s of which this Bond
is one maturing on or before ~ __ shall not be
~ubject to redemption prior to their orated mat~riSieo. The
Bonds of tho series of Bonds of Which this Bond i~ one (or
portions thereof in installments of $~000) maturing on and
after shall be subject to redemption at the
option of the County prior to their state~ maturities on or
after , in whole at any tine~ or in part from time to
time on any interest payment data in ouch order as may be
de=ermined by the County (e~cept that if at any time less th~n
all of the Bonds of a maturity are called for redemption, the
particular Bonds e~ portions thereof to be redeemed shall be
selected by the Registrar by lot}, upon payment of the
fOllOWing redemption prices (e~rpressed as a per~entage of the
prinoipal ameun~ of Bon~s to he redeemed), together w~th the
interest accrued on such principal a~ount to the date fixed
for %he redemption thereof:
Redemution Dates Redemption Prices
If this Bond or any per=ion cf the principal amount
hereo£ ~hall be called f0~ ~edemption, notice of the
r~demption hereof, specifying the date, number and ma~uri=y of
this Bond, the date and place er placeo fi~ed for its
redemption, th~ premium, if any, payable upon ouch redemption,
and if less than the entire principal amount of thi~ Bond ~
to be redeemed, that thio Bond must bm surrendered in e~shange
for the principal amount hereof to be redeemed and the
issuance of a new Bend sc/uollin~ in principal a~ennt that
portion of the ~rincipul amount hereof not redeemed, ~hall be
mailed not leas than thirty (~o) ~ays Drier to the date fixed
fo= ~edemption by first class mail, postage prepaid, to the
Registered Owner u£ this Bend at h~e address as ~t appears on
the books of regist~ kept by the Registrar. If notice of
redemption of this ~end shall hsve been g~ven as aforesaid,
and payment of the principal a~0~t of thio Bond (or the
portion of the principal amount hereof tc be redeemed) and of
the accrued interest and premium, if any, payable upon such
redemption shall have been duly made or provided fo~, interemt
hereon (or on the portion of the principal amount hereof to be
r~deemed) shall cease from and after the date so specified for
redemption.
Subject to th~ limitations and upon payment ef th~
charges, if a~y, provided in the proceedings authorizing the
Bonds of the serle~ of which thio ~ond is one~ thi~ Bend may
be e~chenged at the office of th~ Registrar for a llke
aggregate principal amount of Bonds oX the merles of Which
this Bond is one, of other uuthorixed principal amountm of
~me interest rate and maturity. Thi~ Bond is transferable by
the Registered O%rner hereof, in peroen or by hi= attorney duly
authorized in writing, at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of
the cha~geo, if any, ~rovided in the p~eoeedings authorizing
the Bonds of the series of ~hich thi~ Bead is one, and upon
the ourren~er hereof for cancellation. Upon such transfer,
new Bend o~ Bonds of the series of which thio ~end is one, of
authorized denominations and of The same aggregate principal
amount, will be issue~ to the transferee in exchange h~refor.
Notwithstanding the foregoing, ~he Regist~a~ shall mot be
required to e~change ~r transfer ~his Bond laLer than the
close of busines~ on the forty-fifth (~5th) day ~eXt preceding
any date fixed for the r~demption of thio Bend or any port/on
hereof.
The full faith and credit of the County are hereby
~r~v~a~ly pledged to th~ payment of the principal of and
interest on this Bond as the same become due.
Thi= Bond shall not be valid or obligatory unless
the certificate of authentication hereon shall have been
manually signed by an authorized eignator of the Registrar.
It ie hereby certified, recited and declared that
all acts, conditions and things required to exist, to have
happened and to have been performed precedent to and in the
issuance of this Bond and the series of which it is one, do
exist, have happened and have been performed in regular and
due time, form and manner as required by law, and that this
Bond and th% Bonds of th~ ~eri~ of wbic~ tbi~ Bond i~ one do
not exceed any constltutlona~ or statutory limitation cf
indebtedness.
IN WTTNE~S W~EREOF, the County, by its Board of
Su~ervisers, has caused this Bond to bm exeautad by the manual
or fassimile signature cf the Chairman of such Board; a
facelmils of t~he corporate seal of such Board to ba imprinted
hereon, attested by the manual or facsimile signature of the
Clerk of such Board; and this Bond to bs dated ,
Attest:
Clerk of th~ ~o~rd of
Supervisors
chairman of %he Board
Supe1'visors
CERTIFICATE OF AUTHENTICATION
This Bond is one of the ~ond$ delivered pursuant to
the within-mentioned proceedings,
.], Registrar
Authorized signator
Date cf Authentication:
FOR VALUE RECEIVED the undersigned hereby sell(s),
assign(s] and transfer(s) unto
(Please print or ~ype name and address, including
poutul zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OT~R IDENTIFYI~ NUMBER OF TRANSFEREE:
the withln-menti~ned Bond and hereby irrevocably constitutes
and appoints agent, to transfer the same on
the booka of registry in the' office of t~e Registrar wit~ f~ll
power of substitution in the premises.
5/13/92
Dated~
signature ~uaranteed:
NOTICE: ~ignature(s) must be (Signature 0£ Registered
guaranteed by a ~em~er fin of Owner)
The New York Stock Exchange NOTI¢~ Tho signature to
Inc. or a eo~mercial bank or this a~e~g~ent
trust company, correspond with the name
as w~ittun on the face of
the wi=bin Bond in every
particular, without
altera=ion~ enlargement or
any change
~ECTIO~ 9. Sale of Bond~. Th~ ColDly Administrator
is hereby authorized to cause ~o be p~llshed and distributed
a S~a~ Notice of Sale and/ur Detailed Notice of Sale of the
Hon~s un~ to cause to be d~stributed to prospective
of aud investor~ in ~e Bonds such S~ Notice of
and/or De~a~leO Not,ce of Sale, a fo~ of Proposal for the
p~rchase of 5h~ Bonds and a Preliminary Officlal Statement
the County relating to the Bonds.
SE~ION 10. Bond Anticipation Not~. (a) General
obligation p~lic improvement bon~ anticipation notes of the
County in an aggregate principal amount of not to
fifteen ~illion ($~O,00o,ooo), to be designa~e~ an~ ~
"General Obligation ~lic Improvement Bond
'~Note~")~ are a~thorized for issuance and sale by the County
issuance herein. ~e issuance and details of the Notes shall
be governe~ ~y ~e Druvlsions of Section 15.1-227.~9
Cod= of Vi~inia, 19~0. The Notes shall be dated ~y
199~, shall ma=ute D~o~er 21, 1992, m~all be issued in fully
registered fo~ in the denomination of $1,000,000 ~ach or any
in~e~rul multiple thereof and shall be n~ered and initially
i~uad in the denominatlonn a~4 b~ar interest payable at
maturity at the rates per annum ~et fo~h below:
Numar D~nominmtion Inter~t Rat~
The County Treasurer of the County shall bs the Registrar for
the Notes.
(b) The action of th~ County Admlni~trator in
ea~ing the Request for Proposals da~ed May 6, 1992 to De
di~trib~ted, and tl~m form and content= of the ~ec~/est for
ProDozalz and all actionz and proceedings heretofore taken by
this Board, the County Administrator and the other
employees, agents and attorneys of the Co~nty in connection
with the issuance and sale of the Notes, are hereby ratified
and confirmed.
(c} The Rs~ueet for Proposals provided that
proposals for the purchase of the Notes would be receiw6d by
or on behalf of the County, at the offiee~ of the D~puty
County Administrator, Room S04, 5th ~leor, chesterfield County
Admln~tratlon Building, 9901 Loci Road, Che~t~rfield,
Virginia ZP~Z, until ll:Oo A.~., Eastern Daylight Ti~e, on
Wednesday, May 13, 1992, at which time and place all proposals
would he pubti¢ly opened.
92~345
P~rsuamt to the Request for Proposals,
( ) proposals rep the purchase of the Notes were received.
The names cf the proposer submitting each such proposal, the
principal amount of the Notes bid for, the premium for
Notes specified in each such proposal, tl%e interest rate
specified ia each such proposal an~ the ~et interest oo~% of
each proposal are as follows:
Principal
Proposer Amount Rate Premium
Davenport & Co. $ 1,000,000 3.1§0% 0 3.15000%
Prudential
Securities $15,000,000 3.500% 3~,700 3.15081%
Chemical $15,000,000 3.500% 30,150 3.15706%
Morgan ~tanley $1~,000,000 ~.~00% 29,000 3.17014%
Davenport & Co. $ 3,000,000 3.190% 0 3.19000%
0ppenh~i~er $ 7,000,000 3.500% 12,500 3.19533%
D~venpo~t & Co. $ 5,000,0~0 3.220% 0 3.2~000%
Oppenheimer $ SrOO0,000 3.500~ 11,750 3.24941%
signet Bank $ 2,000,000 3.250% 0 3.25000%
Lehman $10,000,000 3.500% 12,300 3.29014%
A. N. Williams $15,000,000 3.400% ~,300
craigie $15,000,000 3.500% 150 3.49829%
After due congid~ration of all ~uch proposals, thi~
Board rinds that the proposals to purchase the Notes at the
lowest interegt cogt to th~ County (th= '~Proposals") are the
proposals of the films identified below (the "P~rchasers")
h~ving the ~etails set forth below:
Princlpal
Proposer Amount Rate ~re~ium NIC
Davenport & Co. $ 1,000,0oo 3.1~0% O
Prudential
Securities $14,000,000 3.500% 28,653.33 3.15081%
This ~oard finds that (s) the Purchasers are responslble
prepossrs, (b) of the proposals received, the Propo$&ls are
the proposals to purchase the ~ote~ at tbs lowest interest
cost to =he County~ and (o) the Proposals are the best
proposals received, are in accordance with ~he provisions of
the Request for Pr0po~als, a~d ~hould be accepted. Such
(d) The qood faith depo~it~ of the Purchasers in
by the County Treasurer and the proceeds thereof cre~ite~
against the purchase price due for the Notes upon their
delivery or rs=aimed as and for liquidate~ damages in case the
(e) Except as o~harwi~e provided in thi~
~hall apply to ~hs Nete~ to the sams extent the same apply
the Bonds, except: (a) in 'the case of the provision~ of
Section 3(¢)(i), the Regim=rar shall ne~ be required to
exchanged or transferred, on th~ books of registry any Note
after the close of business on the ~l~t day no~ffa pr-Geding the
date fixed for ~he paymen~ z~ereof; amd (b} in the case of the
provisions of Section 7, the sane ~hall apply only to the
92-~46 5/13/92
(fi The Notes shall be in substantially the fo~m
set forth below with such necessary or appropriate variations,
interest rates and maturities or as are otherwise permitted Or
required hy law or this resolution:
UNITED STATZ$ OF A~ERICA
COMMONWEALTH OF VIRGINIA
C0~TY OF CHESTERFIELD
~BLIC I~ROV~E~ BOND~T/CIPATION NOTE
SERIES OF 1992
No. R- $.
INTEREST RATE: MATURITY DATE: DATED DATE:
% DECEMBER 21, 1992 mY 20, 1992
RE~IgTERED OWNER:
PRINCIPAL
KNOW ALL MEN BY TH=~E PRESENTS that the County of
C~ester~i~ld (hereinafter refe~ed to as the "County"], a
political smbdivision of the Commonwealth of Virginia, for
value reoeived~ hereby ecRncwledges itself indebted and hereby
promises to pay to th~ Registered Owner (named above), or
registered assigns~ on December ~l, 1992, the Principal Sum
(~pe¢i£ie4 above), and to pay interest on such Principal sum
from the date of this Note, payable at maturity at the
Interest ~ate (specified above) per ann~u~, calculated on the
basis of a 360-d&y year eenuisting of twelve 30-day months.
The principal of and interest on this Note are
payable upon presentation un4 surrender hereof at the office
of the County Treasurer of the County in Chesterfield,
Virginia, as Regis%rut for the Notes sf the series of which
this Nots i~ one (the "Registrar"). Principal of and interest
on this Note are ~ayable in suuh odin er currency of the
United States of America as at the date Of payment thereof is
legal tender for publiu and pr~vats debt~. Such payment shall
be made in Federal Pu~ds by check or, if requested in writing
delivered to the Registrar at least five (5) business day~
prior to th~ pay~$nt date, by wire as described in such
r~q~est.
This Nots is one sf a duly authorized issue of ~otes
of the aggregate prln~ipai a~0unt of rlfteen Million Dollars
($15,000,000} of like date, inter~t ~ate and t~nor herewith,
except for number and ~enomination, and is
anticipation of the issnan~e of a lik~ principal amount of
general obligation bonds of the County, for the
flnan~ng the costs of v~ricus capital improvement project~ of
and for the County, under and pursuant to and in full
compllance with the Constitution and statutes OS thc
Commonwealth of Virginia, in=luding Chapter 5.1 cf Title 15.1
of the Code of Virginia, 1950 (the ~am~ being %h~ Public
Finance Act of 1991), an election duly held in the County
under such Chapte~ on Nove~er ~ 19~, and a resolution duly
adopted by the B~ard of Supervisors sf the County under such
Chapter 5.I on May 13
is one shRll not be subject ts redemption prior to their
stated maturity.
5/13/92
Subject to the limitations and upon payment of the
cha~qe~, if any, D~svi~ad in the proceedlng~ authorizing the
Rotes of the series of which this Note is one, ~_his Note may
be exchanged at the office of the Registrar for a like
aggregate principal amount of Notes of the series of which
thin Rote i~ one, of other authorized principal amounts of the
same interest rate and maturity. This Note is transferable by
the Registered Owner hereof, in person or by his attorney duly
authorized in writing, at the office of the Registrar but only
in the manner, ~bject to the limitations and upon payment of
the charges, if any, provided in the p=oeeedings authorizing
the ~ctes of the series of which this Note is one, and upon
the surrender hereof for cancellation. Upon ~uch transfer, a
new Note or Notes of the series of which this Note is one, of
authorized denomination~ and of the s~/~e aggregate principal
amount, intmres~ ra~a and maturity, will be issued to the
transferee in e~hange herefor. Notwithstanding the
£eregoing, the Registrar shall not be requ±rsd to exchange or
transfer this ~ote within the twenty (20) day period preceding
the Nsturity Date hereof.
The full faith and credit of the County are hereby
irrevocably pledged to the payment o~ the principal of and
This Note shell not be valid or obligatory unless
the certificate of authentication hereon shall have been
manually signed by or on behalf of the Registrar.
It is csrtified, recited and declared that all acts,
conditions and thing= required to e~ist, to have happened and
this Rote and the series of which it ~m eno, do ex,st, hays
happened and have been pe~forme~ in regular and due time, form
un4 manner as required by law, and that this Note and the
any constitutional or statutory l~mitation Of indebtedness.
IN WITNESS WHEREOF, the county, by its Board of
Supervi~or~, has caused th±s Rote to be executed by the manual
or facsimile signature of the chail~man of such Boa~d~ a
facsimile of the corporate seal of suck Board to be imprinted
hereon, attested by the manual Or facsimile signutur= of thc
Acting Clerk of such ~oard; an~ this Note to be ~ate~ ~ay ~0,
At,est:
Acting cte~ Of the Board of
Supervisors
Chairman of the Board cf
Supervisors
C~RTIFICATE OF AUTHENTICATION
This Note is one of the Ncte~ delivered pursuant to
t--he within-mentioned ~recsedings.
County Treasurer, as Registrar
Date of A~theatloation: Hay 20, 1992
92-348 5/13/92
ASSIGNMENT
For Value received, the undersigned hereby sell(s),
and transfer(s) unto
(Pleaoe ~rin~ or tlrpe name and addressw including postal zip
PLEASE INSERT SOCIAL SECURITY
OF TRANSFEREE=
tho within Note and all rights thereunder, and hershy
irrevocably constitutes and appoints
attorney, %0 transfsr such Note on the books k~pt for the
~egistration thereof, with full power of substitution in the
Dated:
signature(~) Guaranteed
NOTICE: Signature(~) mu~t be
g~aTa~teed by a member firm of
The New York Stock Exchange,
Inc. or a commercial hank or
tr~ company.
(g] The Chairman
County A~ministrator, the
(Signature(s) of RegisUored
NOTICE: The signature(o)
above must correspond with
the Registered Ownsr as ~t
appear~ on the n~m~ of the
front of =h~s Note in ever~
particular, without
alteration or enlargement
or any ~hange whatsoever.
an~ Clerk of thio Board, the
county Treasu~e~ and other
appropriate officers, employees and agent~ of the County are
authorized and directed to taka all ~uch action and to execute
such instruments as shall be deeme~ by them to bo necessary or
appropriate ts effect the execution and issuance of the Notes
and th, delivery Of the ~otes ~o the Purchasers in accordance
with the terms of ths Proposals, the Request for P~oposals,
and this resolution, upon receipt of the purchase price
t~erefor, and for the proper application and use of the
proc~d~ of ~ueh
SECTION tl. ~ilia~ cf This Rssolutlon. The County
Attorney is hereby a~thorized and directed to file a copy of
this reoclutlos, =erti£iod ~y the Clerk of the Board of
S~pervi~or~ to be a true and correct copy hereof, with the
Circuit Court of tho County of Chesterfield.
$=CTION 12. Invaliditv ef Sec~iene~ Pa~aq~aDn~,
provision of this resolution shall he held invalid or
unenforceable for any re~on, the invalidity or
this resolution.
SECTION 13. Heading% of Section~. The headinqn Of
the sm=floss of thl~ resolution shall be solely
construction, interpretation or effect of such sections or ef
this resolution.
s113192
92-349
take effect upon its adoption.
Vote: Unanimous
This resolution shell
Er. Hammer stated the purpose of the work session was to
present an overview ef jail needs including lung-term
alternatives, the Riverside Regional Jail, short-term
alte~native~ and th= options available. He reviewed crime and
arrest trends over the past five years; the county's
peD~lation trend; the history of the jail with emphasis on its
bedding capacity; the county's jail population trends
including the current daily average population and a profile
e~ %~e jail population. When asked, he stated appro~iinately
45 percent of the ir~mate$ at the current jall were residents
of %he County and the remslning 55 percent were from other
jurisdictions. H~ then reviewed inmate population projections
for ~he year 2000.
Discussion~ comment6 and quos=ions ensued ~elative te trend
driven factors an~ drug relate~ crimes; alternative options to
incarceration including the Home Incarceration Program: the
criteria use~ to establish the capacity at the Jail; those
eligible for the Home Incarceration Program; the criteria n~ed
An accepting ir~ates to the jell and the acceptance of inmates
from other jurisdictions,
Mr. He--er the~ ~eviewed alternstives to incarceration ~uch es
the community Divereion Preqram, t~a Pre-Trial Release Program
and the Ho~e Incurcmrution Program and ~tated these ~rogram~
were currently operating at cap~city.
T~ere was brief discussion relative to the outlined P~ograms
operating at capacity.
Mr. ~ammer th~n pre=anted an overview on State
for jail construction and renovation including the eo~pletion
of th= Needs Aseessment and Planning Study. He reviewed the
optlen~ available, adYanta~s and disadvantages~ including
renovation of the existing jell by constructing an addition on
the existing ~ite for mupport space an~ making up the
ehortfai1 of jail bed~ at Riverside Regional Ja~l; oloslng the
existing facility and ~tilizi~g Riverside Regional Jail for
all the County's jell needs: and closing the e~isting jail and
constructing a ~ew Jail facility at a new County ~ite without
participating in the Riverside Regional Jail. Ee then
provided a c~pa~ison of the options outlined with emphasis on
bed utilization. ~e s~ated staff felt the best option would
be to s~pport the Riverside Regional Jail, ~hase I, and
maintaining usage oX th~ ~reasnt jail until Phase II of tho
Regional Jail could be imple~ented~ ~e reviewed the estimated
annual operating easts for the jail in the year z0o0 for all
of the options.
Discussion, comments and que~tlon~ en~u~d relative to the
operating costs for the options identified; the project being
contingent on the appropriation of funds from the State;
maximum an4 ~uarenteed capacity of bed space at the
Jail; the debt coat for the Regional Jail b~ing included in
the ~er ~iem co~t; the formula used to e~tabli~h the fixed
eost~ the reimbursement percentage by the State bein~ 50
percent; the qualifications stkbjaet to availability of
funding; approval of the project hy the General Assea~bly and
the Regional Jail being contingent en the appropriation of
funds; and whether State funding would Ds forthcoming.
92-350 5/z~/92
Mr. Daniel instructed staff to prepare an analysis on=liming
the costs of =he Regional Jail if the county was not
Diocussion, comments and que~t±o~ e~s~ed relative to whetter
the State has approved any regional jail sites but had not
reimbursed funding fo~ the projects; the comparison of uses
for bed utilization for Phase ~ versus Phase II; the maximum
cap o~ th= number of bed space for the Regional Ual1 and
what, her any o~ the options would ensure the e~pansion of bed
space; and whether there was any guarantee fund~ would be
available for reimbursement from the State.
~r. stephen Myers, Assistant County Attorney, pr=usa=ed an
overview on th~ chronology of th~ ~eglonal Jail including
reimbursement of construction costs fo~ ~e~ional jails and
single-jurlsdlctlon jails; special legislation authorizing the
Jurisdictions to create the RiVerside Regional Jail Authority;
the initial Service Agreement with the Authority for the
preparation of a feasibility otudy and conceptual ~esig~ for
the Regional Jell and ~reparaticn of a Planning Study for th~
Regional Jail: the oonsultant~ recommendations for the design
cf the facility; preliminary approval being granted to
Regional Jail; ~eeo~mending the General Assembly relmbursi~g
S0 percent of the projected cost for the facility: the
comveya~ee of the proposed jail site to the Jail ARthsrity;
the moratorium placed on further Board of Correction approvals
for regional jails; =he legislation which created the Jail
Au=tority authorizing a Service Agreement bstween the
~uthority and its member jurisdic=i0n~; ths timeframe for the
execution of the Service Agreement by all member
Jurlsdiction~; and the timeframe for construe=ion of the
facility with a completion date fo~ the Fall of 199§.
There was brief discussion relative to the acquisition of the
proposed site, the completion date of the facility and whether
there would be any delays excluding construction related
delays.
Mr. Myers then reviewed ~he County's access to ~3 percent of
the proposed bed space at the Regional Jail.
Discussion, comments and que~tion~ ~n~ued r~la~ive to the
reimbursement of construe=ism costs for Phase II of the
Regional Jail; the total cost of the Rsgional Jail per the
consultant's ~rojectloas; and ~he State reimbursing 50
of the total cost of the R~gio~al Jail.
F~r. ~yers then revXewsd the requirements of the Service
Agreement including reimbursement of oa~t if the facility was
not constructed. ~r. Ramsay clarified the County's ~ertion of
the $3.5 million pre-con,traction architectural, consulting
and financing cost~ wo~!~ be 43 percen~ and $1 mil/ion
currently reserved in the Capital Reserve for the project.
Mr. Myers then reviewed pro~isions of the Securlty
regarding th~ use of bed space at the facility; the withdrawal
of member jurledlctions from the Authority; and n~w mumbership
to th~ Authority.
Discussion, comments a~ questions ensued relative to the
hiring process for the jail administrato~ and necessary
deputies; the establishr~ent of personnel poliei~ subject to
State regulations; and whether the County's current staf~
the present jell would bs maintained.
const~cting e new pre-engineering metal building;
constructing a new pre-engineered facility on either hide of
the existing jail; constructing pre-f~brica=ed modular
buildings; or constl~/cting an inflatable fabric strzlcture, ge
~tated ~%aff would be reviewing the alternative~ and would
report back to the ~eard in Juno and, at this point in time,
~taff Was reeo~e~ding D~0ceedi~g with th~ Rivermide Regional
Jail.
There was brief dlscussJon ralativa to the cost for the
inflatable buildings and its recovery costs; leasing options
for temporary facilities; and alternative methods available to
meet the needs of the current jail.
Mr. Daniel instru=tsd ~ta£f to prepare an analysis of costs to
maintain ~he operation of a new County jail en~ its debt
affordability.
Mr. Barber ~tat~d he felt the shore-term cption~ ~hould
p~ovid~ an opportunity ~or the building to be ntilized after
Sheriff .Williams stated otaff h~d reviewed ,~he options
ava~Iable 'extensively an~ he en~0rse~ ~e Regional Jail
approach a~ he felt it would not be cost effective to renovate
~e e~isting jail to meet their needs.
society nnd ~e~ alternative would be examined to addre~ ~e
Mr. Ramsay indicated staff would brin9 to the Bo~rd, for
consideration, a proposal r~gardi~g stmff's reQo~endation for
the jail in June.
~r. ~alo stated staff was recommending tho ~oard adopt a
re~olution requesting tho Virginia Department of
Transportation %o i~tme~iately conatruct a loop an~ ram~ at ~6
Route 288/Powhite Parkway interchange due to the increase in
traffic conge~tion on 01d Hundred Road~ between Geni~o Road
and Route 360, and Rout~ ~0 between 01~ ~un~r~d KG~d and
Route 288. He further stated construotion of the loop and
~her north and ~utllned the alternative~ available. ~e~
asked, he state~ $everal m~rs of ~m Legislative Delegation
were aware of th~ proposed options+
Mr. Warren mtated he felt ~e County zheutd not endorse ~e
priority by the Richmond Area Transpo~a~ion Ms=ropolitan
Planninq organ~zation (MP0). ~e f~r~er stated other options
Boa~ adopting a resolution.
Mr. Barber ~tated hu al~o felt the placement of tolls should
no~ be endorsed by t~e Boar~ an~ fund~ were available from ~e
~PO e~d should be noted in the resolution sincm ~e County was
was addressing traffic concerns within the County.
~en u~ked, ~r. Sale reviewed the option~ available wi~
emphasi~ on providing fo~ o0nstruction of the loop and r~p
wfthout the use of toll~.
' I
operation and maintenanne costs of other roads and the options
Parkway; payment of the construction cost cf Route ~$s being
treated as an advanced toll payment; the resolution
the Construction cf ~he loop and ra~p; and the tlmoframe in
which tho loop and ra~p could be constructed.
~r. Warren abated he felt the resolution should identify the
re=ommendatlon of the MPC for priority funding for the
On motion of the Bourd, the following resolution wa~ adopted=
W~REAS, the volume of traffic O~ 014 Hundred Roa~, from
Genito Road to Route 360, has increased Dy fifty (50) percent
per day; and
WHEREAS, Old ~undred Road has narrow pavement, no
safely or efficiently accommodate ~his increase in traffic;
W~EREAS, the volume of traffic on Route $60, from Route
2~ to old Hundred Road, has increased ~inoe the epenin~ of
traffic in the area to utflile Route 288 between Route 360 and
the ~owhite ~arkway because the northeast quadrant loop and
southwest quadrant ramp at the R~ute ~8/Powhits Parkway
WHEREAS, the construction of the loop and ra~p Will allow
Old Hundred Road and Route 360 ~hus ~aking travel en old
concerned about ~be safe~y oS the motorist using 01d Hundred
ramp is the most e~£ioiemt way of addressing the old Hundred
%/H~REA$, Chesterfield County contributed $22 ~illion Xor
WHEP~AS, the Richmond Area Metropolitan Transportation
Planning 0rga~i~ation approved $1 million from the
Hiti~ation/Air Quality Improvement Pr0qram for the
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
~f Transportation (VDOT) to construct the northeast quadrant
Parkway interchange by 8~ptomber 1, 1992, or by other such
time agreeable to both VDOT and the County.
AND, BE iT FURTHER RESOLVED, that a copy of this
resolutio~ be forwarded to each m~mber o£ Chester£ield's
L~gislative Delegation with a request for their support in
having the loop and ramp i~ediately constructed.
Vote: Unani~ou~
6.C. APPOINTMENTS
6.C.1. CO~;NITY SERVICES BOARD
0~ ~O~iO~ Of M~. MCHale, uucondad by ~. Burb~r, th~ Board
accepted the resignation of Dr. Hyrna coDeland, representing
~uda Distr~ct, on th~ Co~unity Se~ices Board.
Vote: U~a~i~o~s
0~ notion of Mr. McHale, seconded by Mr. Warren, the Board
appointment at this time of Ms. Susan R. Kalanges,
On ~otio~ of ~r. H=~ale, ~econ~ed by ~. Warren, the Board
simultaneously n0minated/apD0inted Ms. Susan ~langss,
representing De~uda District, to se~e on the Co,unity
Se~ice~ Board, whose te~ is effective ~ediately and will
expire DecaYer zl, 1~4.
vote: unaninoum
Du~urtm~nt of N~ntal ~ealth/Mental Retardation and Substance
se~ice~ boards and, therefore~ he ha~ to acce~t Dr.
Copelan~'s resi~nu=i~n from the Co~unity Se~ices ~ard for
Chemterfi~ld County. He expressed appreciation to Dr.
Co~elan~ ~cr her interest and cool.ant to se~ing on the
Board.
TELEVISION
Board had approved a cable Television Franchise Rsnswal Action
Plan to include the appointment of a citizens' =o~umittee to
assist staff in prepmrin~ a co~munit~ needs assessment study.
Fall.
~r. D~niel nominate~ Mrs. Cynthia Haake, representing
Cemmitte~.
Mr. ~arber nominated Ms. Sharon ADpioh, representing
Midlothian District, to serve on the Cable Television
~ill District, to ~rve on the Cable Television Franchise
It wa~ noted =he nominationm would be considered at the
6.D. ~.,.K~TLTG~T INSTALLATION COST APP~OVAI.~
approved ~ ~treet light ~n~alla~ion
fun~s to be e~mnded fro~ th~ Clover Hill Di~t~ict Street
Light Account and the ~treet light installation co~t
$2,666.00 for ~he int~r~ec~ion of springcree~ ~riv~ and
S~rhur~t Drive with said funds to be e~ended ~rom the
Kidlo~ian Dfs~ic~ Street Liph~
Vote: Unanimous
FOR A BINC~ PERMIT
~r~ Micum ~t~ted the Concerned Citizens of South~d~,
have applied for a bingo ~ermit to operate a bingo operation
from midnight until 4:30 a.m. on Saturday ~veni~g. He fuz~her
s~s~ed the Hoard o~ D~rscters was composed primarily of a
single family end friends of the family an~ staff's review
failed tm Jndlcats t~hat the organization had conducted any
significant, charitable or non-profit activities during the
period of time in whic// it has Deem incorporated. He noted
th= State Co~oration Co~is~ion had indicated, prior
applying for %ha Dingo pe~it, tke organization was non in
go~ st~n~ing ~s it had failed t0 file mend=tory a~ual
re~ested time for the bi~go operation and ~e operation being
ex~l~sively a cash operation, staff felt it created
~ingo op~rat~on~ were currently being conducted and,
~r. Daniel in~ire~ i~ thm aDpllcant wam prasen~ and no one
came fo~=rd to speak in favor of or against thim
On motion of ~. Warren, seconded by ~r. Mc~ale, the Board
denied a bingo pe~iB for Conceded citizens of South~ide,
Inc. for calendar yea~ 1992.
Vote: Unanimous
6.E. CONSENT ITemS
6.E.1. P~SOLOTIONS AND SPECIAL RECOGNITIONS
On motion of ~. Colba~, $~=onded by Hr. McHale, =h~ ~card
adopted the followin~ re~olution!
~E~S, Mr. B~c~anun S. C~bage retired from the
Utilities Department, C~estarfield County, o~ April 1, 1992;
~ali~y s=~ice to ~he citizens of CheEterf~ld Co~nt~; and
~E~AS, ~. Cubbage~ by vi~tu~ of his e~erience in
operations and maintenanG~ OS wastewat~r collection system,
has developed significant ~e~ime in ~is field and am much,
has earned recognitio~ and respect from his co-workerm
peers; and
~AS, M~. C~bbag~, havin~ b~en the first employee that
worked full-time in the Wastewater collections 0perat~on and
instrumental in developing staffing, organization, policies
and Dr0uadures for ~his Secelnn; and
WHEREASw Mr. cubbage, having served as Assistant to thc
Operations Manager for the last four years of his career,
provided critical technical assistance towards the
implementation o~ the Industrial waste Pretreatment Program
and provided administrative a~istanCe in numerous other
WHK~EAS, Mr. Cabbage, who throughout his entire uar~er~
generously gave of himself with his typical war~th, generosity
and friendship, will be surely missed by all hie co-wsr~er~;
S. Cobbage's diligent service to the citizens of Chesterfield
County.
NOW, THEREFORE B= IT ReSOLVeD, that the Chesterfield
County B~ard of Supervisors publicly recoqnize~ Mr. B~ekha~an
$. Cabbage and extends on behalf of its ~o~f09re and t~e
eltlzan~ of Chesterfield County their appreciation for his
dedicated and diligent service to the County and extends best
wiuhe~ to him in his retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to ~r. Cubbage and that this
resolution be permanently recorded among the pap~r~ of thi~
~uard of supervisors of Chesterfield Ccunty~ vlr~nla.
Vote: Unanimous
KINGDOH FOR 'r~iR PARTICIPATION IN THE INTERNATIONAL
On motion of Mr. Colbert, seconded by Mr. McHale, the Board
adopted the following resolution:
Society of Chief Personnel OfficeTe (SOC~O) and the Society of
Region Conference and visiting w~th local government
officials including the Director of ~man Re~ource
from the County of Chsaterfield; and
W~A$, = valuable exchange of ideas, experiences, and
Chesterfields' Virginia recognize the importance of such
Supe~i~ors of the County of Ch~sterfleld extend=
80CP0 and SOD0~ for their participation and ~upport
international
92-356 5/13/92
aupport for future endeavors.
ARTS COI~CIr. AS 'z'~ OFP~C~L ~ ~
AG~TC~
On motion of Mr. Colbert, ascended by Mr. MOHale, the Board
organization created in 1949 to encourage and promot~ the
awarenesc, development, participation and quality of the arts;
WEEREAS, The Council ha~ d~v~5oped programs that enhance
cultural appreciation and participation in the arts including
fe~tival~ and event~ for fa~ilie~ and children, such as the
Richmond Children's Festival and the Childrcn'~ Book Festival
and for adults, ~uno Jubilee; and
WHEREAS, programs, lectures and demonstrations
provided to elementary and secondary school students by The
Council; and
WI~EREAS, The Council encouraqes ~tudent artists by
~roviding exhibition opportunities and coll~ge ~oh01arship
WKEREA$, Th~ Council works with artists and cuttural
organizations in the areas ef ~ervio~s and a~vooaoy to improve
visibility and communication among this constituency and the
public;
WHEREAS, The Ar~e Council Board is e group of forty-five
men end women, broadly representative Of th~ arenas business,
nrta ~ducntion and civic co~t~unltlee.
NOW, THEREFORE BE IT RESOLVED, by th= Chesterfield County
Board of Supervisors that The Arts Council cf Richmemd shall
be recognized as the official "Local Arts Agency" to promote
and develop community arts in Chesterfield county and suDp0rt~
its efforts in promoting a~arenesz and encouraging
parti¢ip~tiQn in tbs arts.
Vote: Unanimous
6.R.~. APPROP~AIATION OF A ~35,~0~ ~ONT~IB~TION FRON~
motion of ~r. Colbert~ ~econd~d by Mr. HoHale, =he Board
appropriated a $35,000 contribution fro~ ~h~ ~riends of ~e
Libra~ an~ increased ~he Libra~'s FY91-92 Operating
Expenditur~ Budget for the purcha~ of t~n new puDlio catalogs
Vo~e: Ununimous
After brief discussion, on motion o~ Mr. Colbert~ seconded by
Mr. Me.ale, the Board appropriated $~4,$0Q from the Fund
Balance to tho Richmond Regional Planning District
for Chesterfield County~ contribution for the continuance of
tho ~eglcnal Taxicab Service Program through fiscal year 1993.
Unanimous
92-$57 5/13/92
on notion cf Hr. Colbert, seconded by Hr. Mcliale, the ~oard
approved a bingo permit for Disabled American Veterans for
calendar year 1992.
Vote: Unanimous
6.E.6. ~0NSlD~RATION OF A~SOLUTION OF
S%~PER~SO~ Au'rnORIZTNG '£~ PA~T~ OF ~OST COUPONS
~TAINC~]ZS'rnKFI~I~COUN~Y~ONDS
After brief discussion, on motion of Mr. Colbert, ~cond=d by
~r. ~cHale~ the ~oard a~t~orized, pursuant to S~ction 15.1-209
of the Code of Virginia, I9~0, a~ amen4~4, pa~ent ~u Judge D.
Carleto~ Hayes, in the ~ount of $5,008.00, for lost
~e~terfi~ld County, 91rglnia ~blic Improv~ent 9.50%
No. B4279 with s~s=~en% coupons at%ached beginning Coupon
No. ~0, CUS1P 16639~7. (I% is noted the Treasurer
~eviewed this re.est and concurs.)
Vote: Unanimous
6.~.7. STATE ROADACCEI~ANCE
This day the County Environmental Enqineer, in aaaordanee with
directions from thio Bear4, made report in writing upon his
examination of Glen Oaks Court an~ Erin Green Court in Erin
Green, Bermuda Di~trlet.
Upon consideration whereof, and on motion of Mr. Colbert,
seconded by Mr. HcHale, it is resolved that Glen Oaks COUrt
end Erin Green Court in ~rin Green, Bermuda District, be and
they hereby are established as public roads.
And he it further reeolved~ that the Virginia Department of
Transportation, be and it hereby is requested tn take into the
Seoondal-f S~stem, Glen Oaks Court, beginning at the
intersection with Old Centralia Road, State Route 609, and
going westerly 0.07 mile to the intersection with Erin Green
Court, then continuing westerly 0.02 mile to tie into e~isting
Glen oaks Court, State Route 4475; and Erin Creen Court,
beginning at the ~ntersention with Glen oaks Court and going
southerly 0.20 mile to end in a cul-de-sac.
This request is inclusive of the adjacent slope, sight
distance, clear zone and desiqnated Virginia Depa~-tment of
Transportation drainage easements.
These roads e~rvs 2~ lots.
And be it further resolved, that the ~oard of supervisors
guarantee~ to the virginia Department of T~ansportation un
unrestricted right-of-way of ~0' with necessary easements for
cuts, fills and drainage for the~= reads.
Erin Green is recorded as
Plat Book 65~ Page 14, Ja~ery 3~, ~989.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing ~pon his
92-358 5/13/92
examination of Spotted Coat Lan~ and Ratling Drive in Antler
Ridgs~ Section 3, Natcaca District.
Upon consideration whereof, and on motion sf Mr. Colbert,
seconded by Hr. MoHale, it is resolved that Spotted Coat Lane
and Ratling Drive in Antler Ridge, Section 3, ~atoaca
District, be and they hereby are e~tahlished as publlo reads.
A~d be it f~rther resolved, that the virginia Department cf
Transportation, be and it h~reby is requested to take into the
intersection with Buck Rub Drive, State Route 1413, and going
southeasterly 0.04 mile to en~ in a cul-de-sac; and Ratling
Drive, beginning at the intersection with Buck R~b Drive,
state Route 1413~ and going southerly 0.~9 mile =o end ~n a
temporary turnaround.
Thi~ request i~ inclusive of the a~jaoent slope, sight
dlstance~ clear zone and designated virginia Department of
These roads serve 14 lots.
An~ be it further resolved, that the Soard of supervisors
guarantees to the virginia Departmeht of Transportation an
unrestricted right-of-way of ~0' with necessary easementm for
cntm, fills a~d drainage for these road~.
This section of Antler Ridge i~ recorded as follows:
Section 3. Plat Book 74, ~age 4~, February 6, 1991.
Vote: Unanimous
Thi~ day the Dennty Environmental Engineer, i~ accordance with
directions from this Board, made report in writing u~sn his
examination 0~ Clipper Cove Road and Clipper Cove Court in
Clipper Cove~ Matoaoa Dim~riot.
Upo~ ¢onmlderation wherso£, an~ on motion cf Mr. Colbert,
~ecended ~y Mr. MoHale, it is resolved that Clipper Cove Road
an~ Clipper Cove Court in c!ippar Cove, Matoaca District, be
end they hereby are est~_blished am public roads.
A~d be it further resolved, that the Virginia Department of
Transportation, be and it hereby is requested to take into the
Secondary System, Clipper Csve Road, beginning at the
intersection with Woodlaks Village Parkway, State Rents 3600,
and going ne~hwesterly 0.~5 mile, then turning and going
northerly 0.13 mile to ~he inter~ectlon with Clipper Cove
Court, then Continuing northerly 0.08 mile to the intersection
with itself, then continuing northerly 0.05 mile, then turning
and going westerly 0.03 mile, then turning and going
southwesterly 0.0~ mile, then turning and going southeasterly
0.03 mile, then turning an~ going easterly 0.03 mile to end at
~a intorssGtion with itself; and Clipper Cove Court~
beginning at the intersection with Clip,er Cove Road and going
westerly 0.0~ mile, the~ turning and going northwe=terly 0.10
mile~ then turning and going northerly 0.07 mile, then ~urning
and go~ng northwesterly 0.03 mile to end in a cul-de-sac.
T~ regue~t is inclusive o£ the adjacent elope, sight
dis~ance, clear zone an4 designated ~irginia Department of
Transportation drainage easements.
And be it further re$01v~d, that the Board cf Supervisors
unrestricted right-of-way of 50' with necessary easements for
cut~, fill~ and ~ainage for these roads.
Clipper Cove is recorded as follows:
Vote: Unanimous
Thio day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Wyldrose Drive and N. Otterdale Read,
Midlothian District.
Upon con~ideratlon whereo~, and on motion o~ Mr. Colbert,
seconded by Mr. McHale, it i~ resolved that Wyldross Drive and
~. Otterdale Road, ~idluthian District, be and they hereby are
e~tablished us public roads.
knd be it further resolved, that the Virginia Department of
Transportation, ~e and i= hereby i8 requested to take into
Secondary System, Wyldro~e Drive, beginning at
Wyld~o~e Drive~ State Route 971, and qo~nq northerly 0.05
mile, th~n t~rl~ing and going easterly 0.05 mile to the
intersection with N. Otte~date Road, then continuln~ ~asterly
0.0~ ~ile to end in a dead end~ and N. Otterdale Road,
beg~nnlnq at the intersection with Wyldrooe Drive and going
northwesterly 0.01 mile to end in a dead end. Again,
0tterdale Road, beginning at the intersection with wyldroze
Drive and going southeasterly o.09 mile to end at existing
otterdale Road, State ~out~ ~b~ to be
Sommerville, Section 2.
This request is inclusive of the adjacent slope, sight
distance, clear zone and designated Virginia Department of
cuts, fills and drainage for these roads.
Dedication of1¢yldrosa Drive an~ ~. Otterdale Road. Deed ~Qok
This day the county Environmental Engineer, in accordance with
digestions fro~ thio Board, madm report in writing upon his
examination of Pulliam $~ree~ and P~lliam Court in Franklin
Forest, Phuue Two, Midlothian District.
Upon con~iderati~ whereof, and on motion of Mr. Colbert,
seconded by Mr. McHale, it is resolved that ~%~lliam Stre~ and
Pulliam Court in Franklin Forest, Pha~e Two, ~idlothlan
Distriot, be and they here~y are established a8 public roads.
And be it further rssolved, that the Virginia Department of
Transportation, be and it hereby ~s requested to take into tho
Secondary system, PUllism Street, beginning st the
intersection with ~unv~ew ~an~, State Rout~ 2025, and going
northwesterly 0.05 mile to the intersection with Pulliam
Court, then continuing northwesterly 0.0~ mile to tie into
existing Pulllam Street, Stats Route 1746; and Pulliam Court,
5/~3/92
beginning at the intersection with Pul!lam street, and going
~e~th~e~t~ly O.ll nile to end in a cul-de-sac.
This request is inclusive of the adjacent slope, sight
dis~ance, clear zone and designated virginia Department of
Transportation drainage eaeements.
These roads serve 11 lots.
And be it further resolved, that the Board of Supervisors
guarantaee to the Virginia Department of Transportation an
unrestricted right-of-way of §0' with necessary easements for
au=s, fills and drainage for ~lliam Street and a 40'
right-of-way for ~llia~ Court,
Vo~e: Unanimous
This day the County Environmental ~ngine~r, iH aGoordanee with
directions from this Board, made report in writing upon his
examination of R~d~ Bluff La~e iH Road's Bluff, Kidlothian
Dis~rict.
Upon conmideratlon whereof, and on motion of M~. colbert,
se~ended by ~r. M~le, it is resolved that Reeds ~luff Lane
in Road's Bluff, Midlothian District~ he
established as a ~ublic road.
And be it further r~solved, that the virginia Department of
Transportation~ be and it hereby is requested to tak~ into the
Secondary System, Reeds Bluff Lane, beginning at the
interseotio~ with old Gun Road, State Route 673, and going
easterly 0.2~ ~ile to end in a cul-de-sac.
This request is inclusive of =he adjacent ~lope, sight
distance, clear zone and designated Vlrgln~a Department of
Tran=Dertation ~rainage
Thla read serve~ 16
And be it further re~olved, that the Board of Supervisors
~a~a~tee~ to the Virginia D~partment of Transportation an
unrestricted right-of-way of 50' with necessary easements for
cuts, fills and drainage for this road.
Road's Bluff is recorded aa follows:
Plat Book 68, Pa~es 97 and ~8, ~ovcmber =o, 19~9.
Vote: Unanlmou~
6.R.8. CORPJ~crrON TO ~IBuTES OF F~BR~A~Y 1~.
O~ motion of Mr. Colbert, seconded hy Kr. Mc;al~, the Board
amended the minutes of the February 1~, 1992 Board meeting as
follows:
"Thi~ day th~ County Envir0~en~al Engineer, in accordance
with directions from ~is Board, made r=port in writing upon
his examination of Meadow Fa~ ~rive, ~eadow Park Drive,
Clover Hill District.
Upon consideration whereof, and on mo~ion ef ~r.
Seconded by ~. Colbart, it i~ ~esolved that Meadow Perm
Drive, ~eadow Park Drive, Meadow Park Terrace add Meadow Park
Circle in Meadow Park, Clover Bill Dintrlct, b~ add they
hereby are established ss public road~.
And be it further re~olved, that the virginia Department of
Transportation, be and it hereby ~s requested to take into the
Secondary System, ~eadow Farm Drive, be~inning at the
inter~etion with Elkhardt Road, State Route 663, and going
~ontherly 0.17 mile to end in a cul-de-sac~ Meadow Park Drive,
beginning at the intersection with =lkhard% Read, s~ate Reu:e
663, and going southerly 0.03 mile, then turning and going
southerly ~.04 mile to ~he intersection with Meadow Park
Terrace~ then continuing southerly 0.08 mile to end
cul-de-sac; Meadow Park Terrace, be~nnlng at the inter~ectlon
with Meadow Park Drive and going southeasterly 0.OS mile to
the intersection with Meadow Park Circle, ~hen continuing
southeasterly 0.03 ~le to end in a d~ad end; a~d ~eadow ~ark
circle, begi~ing at the intersection with Meadow Park Terrace
and going southerly 0.0~ ~ile to end i~ a
distance, clea~ son~ and demlqnated Virginia Department of
Transportation drainage easements.
These roads serve 62 lots.
And ba it further resolved, that tho Board of Supe~vi~or~
guarantee~ to th~ Virginia Department of Transportation an
unrestricted right-of-way of 40' wi~h necessary easements for
CUt~, fill~ end drainage for all of the=e road=.
Meadow Park is recorded as follows:
Deed Book 1~89, Page 1~6, ~ugu~t 1~, 1992,
Vote: Unanimous"
TO:
"This day the County ~nvironmental engineer, in accordance
with directions from this Board, made report in writing upon
hie examination cf Meadow Farm Drive, ~adow ~ark Drive,
Meadow Park Terrace and Meadow Park circle in Meadow Park,
Clover Hill District.
U~cn consideration whereaS, an~ o~ mutlsn of Mr.
meconded by Hr. Colbert, it i~ resolved t~at Meadow Fal~
Drive, Meadow Park Drive, Meadsw Park Terrace and Meadow Park
Circle in Meadow Park, Clover Hill Di~t~iet, be add they
hereby are established as Dublic roads.
And be it fur=her resolved, tha~ the virginia Department of
TranSportation, bx and it hereby is req~e~t~ ~0 take into the
secondary System, Meadow Farm Drive~ beginning at
intersection with ~lkhardt Road, State Route 663, and going
southerly 0.~7 mile to en~ in a cul-de-sac; Meadow Park Drive,
beginning at the intersection with Elkhardt Road, State Route
663, and going southerly ~.0~ mile~ then t~rning and g~ing
southerly 0.04 mile to the intersection w~th ~eadow Park
Terrace, then continuing ~o~tkorly 0.08 mile to end in a
cul-de-sac; Meadow Park Terrace, beginning at th~
with Meadow Park Drive and going southeasterly 0.05 mile to
the intersection with ~adow ~ark Circle, ~hen continuing
southeasterly 0.03 mile to end in a dead end; and Meadow Park
Circle, beglnni~g at the intersection with Keadew Park Terrace
a~d going southerly O.O6 mile to end in a cul-de-sac.
·his request is inclusive of tho adjacent slope, sight
~istan~e, Qlear zone a~d designated Virginia Department of
These roads ~erve
And be it further resolve4, that the Board of Supervisors
guarantees to the Virginia Department of Transportation an
unrestricted right-of-way of a0~ with n~c~s~ary easements Sot
cuts, fills and drainage for all of thane roads.
Vote: Unanimous"
Vote: Unanimous
AGREEMENT FOR ~%INTENANCE OF A STORMWATER DRAINAGE
$¥ST~4 AND BEST )~.NAG~NT I~ACTIC~ i~Ac~LITy FOR
On motion of ~r. Colbert~ ~econded Dy Mr. McHale, the Beard
authorized the County Administrator te ex,cute an Agreement
for Maintenance of a Sto~mwater Drainage System and Best
~nagement ~ractice Ua=ility with Richmond Development, Inc.,
the developer of Proctors Point, with the County's only
followed by the owner as approved by th~ C~unty A~tol~ey. (It
is noted a ~opy of ~he vicinity sketch ie filed with the
Daper~ of this Board.)
Vote: Unanimou~
6.E.10. A~I~ROV~L OF ~{IG~T-OF--WA¥ AGP. EE~/eT ~ NEW ELECTRICAL
On ~otion of ~r. Colbert, seconded by ~r. McHale, the Board
au%hor~zed the County Administrator to exeo~te a right-of-way
se~viee installation to the baseball fielde at Midlot~ian High
School. (It is noted a copy of the agreement i~ filed with
the papers of th~ Board.)
Vote: Unanlmou~
~.E.l~.a. TO D~I~ ~OLLA~ORATIVE FOR 'xn~ BeN AIR
On motion of ~Lr. colbert, seconded by Mr. MeHale~ ~he Bea~d
a~th0rized thc County Administrator to execut~ a chan~e order
to Design Collaborative, in the amount of $13~000, for extra
design work on tho Ben Air L~brary. (It is noted said ~unda
will come from thm Ben Air Library contingency Fund.)
Vote: Unanimous
On motion of Mr. Colbert, seconde~ by Mr. McHale, the Board
authorized the county Administrator to execute a Change Order
to Forterra Corporation, in the amount of $14~803.74, to
excavate peer ~oil~ and replace with engineered fill at the
access road for the Bnon Library. (It i~ noted said funds
will come from the current apprepriation of Bond ftlIlds for the
Vote: Unanimous
6.E.ll.c. TO 15'N~I~IDGE CONSTRUCTION COM~ANY FOR T~ ~NNT~L
~T~/I~ENTALRETARDATION~U!LDING
On motion of Mr. Colbert, s~conded by Mr. NcHale, ~e Board
authorized tha County Administrator to exe~te a Chan~e order
to Kenbrid~e Const~ction Company, in ~h~ amount of $~0,477,
for additional lighting and utility receptacles to the
Health/~enta/ Retardation Building. (It is noted s~id funds
will com~ from =he Hental Heal~/~ental Retardation Building
CaDital Improvement Program.)
Vote: Unanimous
SET DATE FOR A ~onLtC HEARING TO CONBIDERAI~IDING Tml:i
the date of June 10, 199l at 7:00 p.m. for a public
ad~rc~ing water quality protection.
On mu~ion of Mr. Colbert~ =eoondad by Hr. Mc~aler the Board
authorized the Chairman of the Board and e_he County
Administrator to exa:mte an eamement agreemont wi~h tho
Chesapeake and Potomac Telephone Company for underground
and/or ovorhead cable within a 10 foot easement at the LaPrade
Library and 10 foot and ~ foot ~asements at Hanchester High
School. (I~ is noted copies of the plats ara filad with the
papers of this ~oard.}
Veto: Unanimous
6.]~.14. AC~ZETANCES OF PARC~Y-q OF LA.ND
6.z.14.a. ALONG CO(BILL ~OA~ ~ROM NATIONAL ORGARIZATION OF
cf land ccntainin~ 0.275 ae~e along Cogbill Roa~ from ~ational
orqanization of thc New Apostolic Church o£ ~orth A~erica and
authorized the County Administrator to execute the necessary
deed. (It is noted a copy of the plat is filed with the
papers of this Board.}
ALONG HIT]~Y~ STI~E~T ROAD AND FO~ I~OAD FF~ON i%~Ry
AND DELORES p. CARR
On mo~ion of Mr. Colbel~, seconded by M~. He.ale, the Board
accepted, On behalf of th~ Comity, the oonYeyamce of a parcel
09 land containing 1.~32 acre along H~ll Street Road and
Fordham Road fro~ Aubrey T. Cart and Delores P. Cart and
92-364 5/13/92
deed. (It im noted a copy cf the plat ie filed with the
Vote: Unanimous
ALONG NORTH ARCH ROAD FROM THE rl'R~fiTif, lf~ /l)P I~I~%RI~'
Om notion of Mr. Colbert, seconded by Mr. HcHaler the Bcar%l
accepted~ on behalf Of the County, the conveyance of a paroc1
of land containing 0.112 acre along North Arch Road from the
Tlaisteem of Redeemer Lutheran Church and a~horized the Cou~lty
A~ministrator to execute the necessary dasd. (It is noted a
copy of the plat is filed with the papers of this Board.)
Vote: Unanlmoum
6.E.14.d. A~ON~ TO~T~ MTREE~ FROM TH~ TRUSTEES OF ~NU3~T,
After brief discussion, on motion of Mr. colbert, seconded by
conveyance of two parool$ of land both 10 feet in width along
the east and west line of Totty Street from the Trustees of
Emmanuel Wor~hip C~nter and authorized the County
copy cf the plat is £ile~ with the pap~re of this Board.)
6.E.15. A~AIIDOFCON~TI~ICTION~ON%~RAC~ FOR BaN AIR~FA~ ~.TNE
I~HA~II~ITATION PROJECT
On mo~ion of Hr. Col~e~t, seconded by ~r. MoHale, the Board
approved the appropriation a~ awarded a construction contract
~or Project ~89-0923R, Ban Air Water Line Rehabilitation to
Llrttle Utillti~m, thc low bidder, in the amount of $877,018.$0
for replacement of old, ~d~rmized water maine and improvement
to metrics for fire protection to the Bom Air/crestwood Farms
ares and authorized the County Administrator tC ~xeoute the
necessary documents. (It is noted %hie project is part of the
previously approved Utilitiem Capital improvement Program and
the funds ars included in the appropriated capital Budget.)
Vote; Unanimous
On motion of Mr. Colbert, ~con~ed by Er. MOHal=, the Bo~rd
approved a contract for ~cDonal~'~ Restaurant - Outfall Sewer
follows, which project includes ~e ex~nsion of 2,780 L.F. ~
Contract ~ount: Estimated Total $71,609.25
Total Estimated County Cast:
Wastewate~ (Oversizing) $ 1,465.20
Estimated ~v~lo~er Co~t: $70,144.05
Code: (~erslzing) 5H-57~40-898~OOE
Unanimous
92-365
On motion of Mr. Colbert, sscondsd by ~r. No,ale, the Board
Rpproved an a~s~ded e0ntract for Now Kingdom Hall for
Jehovah's Witness Church, Contract ~u~ber 90-0~3~, as follow~,
which project includes th~ extension of 202 L~F~ of 0ffsite
wastowater lines to provids service to adjelnin~ ~roDerty, and
s 6 inch house os~BeCtiOM tO serve an existing homo
eutho~izod the County Administrator to execute any necessary
Developar: Trustees, New Kingdom Hall
for Jehovah'~ Wi~ne~ church
contractor: LOT Con~tructian
¢o~traot Amount: Estimated Total - $~,500.00
Total E~timated County Cost:
wastswater {Additional Work) ~ $ 134.52
(cash)
Wastawatar (offmite) - $1,465.2o
(Refund thru connectlonm)
Estimated Developer Cost: -
Code: (Additional Work)
vote: Unanimous
Mr. Sale stated several requests for installation of
~treotlight i~stallation cost approvals had been deferred from
the March I1, 1992 Board meeting.
On motion o~ Mr. Celbert~ seuonded by Mr. Warran~ the Board
approved the street light installation cost of $2,173.00 for
the inter,action of Sack~ Lane and Sa~ha Court ~lth said
to be expended from ~e Matoac~ District Street Light Account.
Vote: Unanimous
It was noted ~ince no action was taken on the following
re~est~ would b~ carried over to the next regularly suheduled
C~VER HILL DISTRICT
Cost to install light: $3,657.00
Mid-point of Red ~e~tnut Drive
Co~t to in.tall light: $1,723,00
~ACA DISTRICT
Vicinity of 4306 Sack~ Lane
Co~t to install light:
vicinity between 20505 and 20S07 Samba Court
Cost to install light: $2,444.00
vicinity of ~0904 Sash~ Court in cul-de-sac
Cost to in.tall l~ght:
vicinity of-20812 s~a~er Drive
Cost to install light: $1,T66.00
Vicinity of 20805 shaker Drive
Cost to instull light: $1,615.00
There wets ns hearings of citizen~ ~eheduled at this time.
l~r. Rammey presented the ~o=rd with a report On the develeper
Admisistrater.
General ~nd Balance; Rese~e for ~ure Capital Proj
Mr. Ramsey stated the Virginia Department of Transportation
has fo~mlly notified the County of the acceDtance of the
~DI~ON~ ~G~
ANTLER RI~E - [Effeotiv~
Route 4731 to 0.03 mile SoUtheast Route 4744
Route 4730 C~ital Drive) - From Route 560 to Route
4700 0.22 Mi
Route 473~ Deer Thicket Court) - Prom Route 47~1
0.03 mile Northeast Rou=~ 47~1 0.03 Mi
Route 4733 De~r ~ioket ~ne) - From Route 47~1 to
0.03 mile Northeast Ro~e 47~1 O.03
Rout~ 4738 (Branohed Antler Drive) - ~rum 0.04 m~le
Sou~west Route 4740 to 0.11 mi]~ East Route 4739
Route 4739 (Branched Antle~ Circle) - Prom Route 4738
0,11 mile North Route 473s
Route 4740 (Branohe~ Antler court) - From Route 4738
0,13 mile North Route 4738
Route 4744 (Key Deer Drive) - From 0.04 mile Southwegt
~TL~R RIQG~ - SE~ION 2
Route 473~ (~ranched ~tler Drive) - ~rom 0.04
Southwest Route 4740 to o,03 ~ile West Route 4743 0.15
Route 4741 (Branched ~tleT Te~ace) - From Route 4738
to O.1~ mile Nor~ RO~e 473S 0.13 Mi
Route 4742 (Branched Antler ~lace] - ~rom Route 4741
to 0.04 mile We~t ROUte 4741 0.04
Route 4743 (Roedeer Drive) - From Route ~73~ to 0,06
mile South Rout~ 473S 0.06
D~ZR aUN - SECTION 4
Route 4700 (Da~r R~n Drive) - Fro~ 0.83 mil~ Southeast
Route 4744 to 0.15 mile Southeast Route 4744 0,12
92--367
Route 4743 (Roedeer Drive) - From 0,06 mile South Route
4738 to Route 4744 0.03 Mi
Route 4744 (Key Deer Drive) - From 0.04 mile Southwest
Route 4700 to 0,02 mile ~outhwest Route 4743 0.18
Rou~e 4745 (Key Deer Court) - Trom Route 4744 to 0.05
mile Southeast Route 4744 0.05 Mi
Route 4746 (Key Dee~ Circle) - From Route 4?44 to 0.11
mile South Route 4744 0.11 Mi
Route 4904 (Flag Tail Drive) - From Route 4713 to 0.11
mile Northeast Route 47!3 0.11 Mi
GLFN TARA - SECTION 0-A - (~ffective 4-1-92%
Route 4360 (Timber Trail Drive) - From 0.06 mile Weet
Route 4363 to 0.03 mile West Route 436§
0.18 ~i
mile North Route 436~ 0.03 Mi
Route 4365 (~ing Cotton Lane) - From Route 4360 to 0.11
mile south Route 4360 0.11 M~
Route 20B$ (Tall Pins Road) - From ~.11 mile N~r~h Route
768 to Rout~ 4360 0-0~
SALISBURY WEST KENNET SECTIO~,..~HASE II - (Effective
ROUte 378~ (Kmnmont Drive) - From ~oute 714 to 0.13 mile
Wes= Rou~e 714 0.13 Mi
Route 3789 (Ke~O~t Terrace) - From Route 3788 to 0.15
10. EXEcuT/VE SESSION ~uRb~ANT TO SECTION ~.]-344(a)(7}, CODE
~IRGINIA D~$~f~T~R~ O~ ~GHWAYS ~ TRANSI~ORTATION
wmnt into Executive Session, pursuant to Section ~.1-344 (a)
[7), Code o£ Virginia, 1950, as amended, for consultation with
legal counsel reg~rdin~ pro~able lltig~tion involving t~l~
Virginia Department of Eighwaye and Transportation.
Vote:
Reoonv~ning:
on motion of Mr. Colbert, seconded by Mr. Warren, the Beard
adopted the following re~oluti~n:
~EREAS, the Board of Supervi$or~ has this day adjourned
into E~ecutive session in accordance with a formal vote of the
Board and in accordance with the provieions o~ the virginia
Freedom of Information Aot~ and
W~EREAS, the Virginia Freedom of ~nformatien Act
effective' July 1, 1989, provides for uertlficatien that such
E~ecutive Session was conducted in conformity with law.
NOW, THER~FOR~ B~ IT R~SOLVED, that the Bo~rd of County
Supervisors does hereby certify that to ~J~e he~t ef e&oh
member's knowledge, i) only public business matters lawfully
92-$68 ~/13/92
exempted from open meetin~ rmquirememtm ~nder the Frmmdo~ of
~nfo~mation ACt were disCussed in the ~xeCutiv~ $~sslon to
which thi~ c~rtifi~ati~n applies, and
ii) only such public bUflin=us matters
the Motion hy which the Executive Session was convened were
heard, discussed or considered by
The Board being polled, the vote waa as follows:
Mr. McHale: Aye.
~lr, Celbert; Aye.
Mr. Warren: Aye.
Mr. Barbe~: A~e.
11. DINNER
On mo%ion o~ Mr. Colbert, seconded by Mr. M~Hale, th~ ~oard
~eee~sed at 5:15 p.m. (EST) to travel to Kinq's Kor~er
Res=aurant at %he Chesterfield county Airport for dinner.
Ustc: ~nanimous
Reeonvening:
]~. INVOCATION
Mr. Daniel introduced Reverend ~l~n D. Bohannon, Pastor ~£
central Bapti~ ¢~u~¢h, who gave tbs invocation.
13. PLEDGE OF ATX~GT~d~C~)-r~FLA~ OF 'r~I~O ~TAT~S OF
AMERICA
chief Robe~-k L. Eanes, Jr. led the Pledge of Allegiance to the
Flag of the United Stato~ Of Amerlc~.
~ai~an of ~e Henrious Foundation and mtated Mr. Perry wa~
in~t~e~tal in the releame of State funds for ~
into the K~nric~S ~ite.
app~ciatio~ to th~ Board for pa~t, present and futuru =uppo~
and stated they werm =o~itted to preceding and restoring the
uite. He further stated approximately ~,000 persons had
visited the site on "Henricu~ Day'~ a~d r~oognized the General
the citle of ~enr~c~ and the effort~ of all
introduced Delegate John C. Watklns.
addrems the Board and pre~nted them House Joint Resolution
N~er ~. Ne stated the General Asse~ly of virginia
1992 session unanimously adopted a rezolution COmmending the
Ne~ious Foundation, the Counties of chesterfield and Henrioo
and the City of Richmond and t~ p~ivate contributor~ for
historio Citie of Henricu~.
Mr. Daniel expressed sincere appreciation to Delegate wat~in~
~a~ ~he re~lu~i~n ann ~sr his support to the Board and the
Couuty on various issues.
Mr. Ramsey, on behalf of '~a County, accepted ~he resolution.
M~. Ramsay then introduced Mr. Roger Habeck, publisher for the
virginia Review.
~r. Habeck ~resested oo~ie~ of ~ha ~y issue of the ~
Review to the Board and stated the issue featured Chesterfleld
County.
The Board expressed appreciation to Mr. Habeok.
14. R~O~/]TIONS AND SPECIAL RECOGNITIONS
14,A. 1%ECO~IZINGI~RS. LOU H. ~E. ~ ~ ~ING
~r. Hamt stated he felt it wa~ ~ppropri~t~ to ~r~nt a
resolution to Mrs. Lou M. Lee when ,,National Nu~i~
Week" was currently beln~ r~cogniz~d and introduced Mrm. L~.
~e fur~e~ ~tated ~rs. Lee has Contribut=d to ~c care
well-being of ~he resi~mn~s and wo~ld b8 ~iss~ by s~aff
~e~idents alike.
On motion of the Board, the following resolution was adopted:
~R~S, Mrs. Lou M. Lee retired from the Chesterfield
County Lucy Corr Nursinq Home on March 1~ 1992; and
~ER~S, Mrs. Lee began her career at th~ Lucy Corr
Nurmlng ~e on May 1I, 1~71; an~
~REAS, ~rs. Lee has contributed to the car~ a~d well-
being of th= ruuid=nts; and
~S, ~r~. Le~, through additional training, hard work
and d~icm~e~ mm~ce wam promoted to Trea~ent A~stant in
1977, p~ovidlng more ~peciallxed car~ and treatment to
reslden~s, often going the extra mile to provide thi~ care;
and
~E~S, Mrm. ~e'~ work wa~ ~ften ~valu~ted above
average to superior by her mupe~imorm; and
~MRMAM~ Mrm. Lee took pride i~ he~ work and in doing
job well; and
~EREAS, Mrs. Lee'~ positive a~d oouperatlv~ working
relationship wi~ her peers succeeded in ~ettinq th~ job done;
our remld~nt~ feel at ho~e at the Lucy Corr Nursing Moms; and
~E~AS, MrS. Lee was well-liked and remp~cted by her
workers as well am those she ca,ed fo~;
~EREAM, ~is long-time employee will bm mism~
by ~taff and ~esidents alike.
NOW, THE~FO~ BE IT ~SOL~D, that the Chesterfield
County Beard of Supe~isors publicly rec~nizes Mrs. Lou M.
Lee and e~e~d~ O~ b~ulf of its m~ers and the citizens of
~esterfleld County their appreciation for her dedicated and
diligent ~c~ice to the Co~ty and extends best wi~he~ t~ her
in her retirement.
A~D, BE IT FURTR~R RESOLVED, that a copy of this
resolution be presented to MFS~ Lee and that this resol~tio~
~e permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Vote: Unanimou~
Mr. Daniel premented the ex~¢ut=d r~olution to ~rs. Lec,
accompanied by members of her f~ily, thanked her for hem
dedicated service to the County, and wished h~r well in her
retir~ent.
~der ~. Morrison~s lea~er=hip, major imgrov~nt~
County has ~njuyed an excellent work~ng relationship wi~h Mr.
On ~otion of th~ Board, t~e following resolution ~a$
~E~AS, i~ A~st, 1985, Mr. Denn~ C. ~orrison was
Dromoted by ~he Virginia Department of Transportation to ~e
position of Resident ~ngin~er i~ Chesterfield County; and
improv~ent~ tc Che~terfield's transportation networ~ ~ave
~oute 288, Interstate 29~, and the Rou~e 36 grade separation;
the widening of Route 10, Ro~t~ 147, Route 60, Turner Road and
Road, Branders Bridge Road and Ruffln Mill Road; and the
~A~, Mr. Mo==i~on has =on~uc~ed =he b~sinass of ~he
Virginia Depar~mnt of Transpu~atlon in a ve~ professional,
efficient and effeutlve manner;
~AS, the Board Of Supe~i~or~ has emjoyed an
excellent Working relationship with~. Morrison~ and
position ~f Assistant Construction Engineer with tho Virginia
Depa~ment of Tran~po~a~ion.
appreciation to Mr. Dennis C. ~orrison Sot his outstanding
s~ice to the citizens of Chesterfield County.
~D, BE IT ~T~R ~OLV~D, that the Board ~Xte~d~
~. ~orrison its be~ wi~hes for success in his new position
with ~e Virginia Department of Transportation and,
fu~he~ore, that a copy of thi~ re~olution b~ fo~arded to
Vote: Unanimous
~. Daniel pre~entmd th~ exeo~t~d resolution to M~.
~Dr~ned appr~oiatlon for his contribution~ to the County,
and wished him w~ll i~ his new Dosition wi~ ~ virginia
92-~71
Mr. Morrison expressed appreciation to the Board and stated
experience.
14.C. RECOGNIZING T~ MON~ OF MAY AS
F,.~COGN~'/'ZON HONT~"
M~. Jean smith, Director of Social Servicesr stated foster
falnilie~ improve the quality of life for their foster
~hildren, our community and future generationo by providing
love, guidance and positive llfe experiences to the children
pieced temporarily in their care. She introduced Ms. Linda
Donlan, a foster parent and the Chairperson of the local
Fester Parent Association and recently elected Preoident of
the Virginia Foster Parent A$~0¢iation.
On motion of the Board, the following resolution was adopted:
WHEREAS, our society depends upon family life to pr~par~
each new generation of children to be responsible citizens;
and
able to safely care for their children while re~olv~ng
problems at hone; and
WHEREAS~ temporary foster care io needed to provide a
gaf~ refug~ for children who are at risk to be abused or
neglected; and
WHEREAS, nasy families in Chesterfield County have eDen&d
their homes to these children by becoming foster families who
work with the public and private agenoi~ which ~e~ve troubled
families in OUr community; and
W~EEEA$, foster families improve the quality e£ li~e £or
their foster children, our community and futur~ generations by
providing love, guidance and 9usitlve llfe experiences to the
children placed t~porarily in their care; and
WHEREAS, the citizen= of Chesterfield County Wi~h to
acknowledge a~d supper~ the compassionate work of footer
families to children in our community.
Supervisors of Chesterfield County hereby zecognizes the month
of Nay~ 199~ as "Foster Parent Re¢opnition Month" in
Chesterfield County and callm thi~ resolution to the attention
of all it~ citizens.
Mr. Dsnlel 9remented the executed resolution to ~s. Donlan and
families to children in our community.
14.D, RECOGNIZING I~A¥ 17--2.3~..,1992 1%9 ~oI/l~'ri~K RESCUE ~U~
~i~ Ean~ ~tated re~cue s~a~s provide eme~ency pre-
hospital care to ~e citi==n~ of the County; and introduced
S~ad; ~. Aaron Cha~ers, Recruitment Officer of the
Ettrick-Matoaca Res~e S~ad; Mr. John Hilliard, President of
Fo~e~t View Rescue ~ad; and Ms. Charlotte Cart, Vice
President of ~anohester Re,cue S~ad.
On motion of th~ Soard, =he following rusolution wms adopted:
92-372 5/13/92
WHEREAS, Bensley-Bermude, Ettrick-~atoaca, For~t
pre-hospital care to the citiz~n~ of C~mt~rfield County; and
me, ers in C~ester£ield County answered ~housands of call~
many additional hours devoted ~o training and
activities; and
to partioipa=e in training an~ con~inuing education so ~at
day, ~ree hundred and sixty-five days a y~ar, free of
savings to each patient and ta~uyer: and
~, Chesterfield County is co~itted to a~i~ti~g
~e s~ads and making thom a ~on%~nuin~ Da~ of ~e
Medical So,ices System and asks each citizen to rec~nize the
NOW, THE~FO~ ~K IT RZSOL~D, that the Chesterfield
oiti~ens of Chesterfield cowry to p~icipate in activitia~
Vote: ~animous
Mr. Daniel pre~ent~d the ~x~Quted resolution ~o Mr.
· 4.~. F~COGNIZING HAY 17-23. 1992 ~ "AN IUFENT IN 'r~E ACTS"
Dr. N~l~on ~tated the N~S ~ro~ec~ Foundation ~a~ fo~nde~ to
provide a ~eans of expression and to rai~ f~d~ an~ that "~
Event in Three Acts" was a fund raisin~ and educational event.
would be tourln~ R~chmond; and the N~ES Progect AIDS M~mo~ial
Quilt would be on display. ~e introduced Mr. Glynn Koreland,
Co-chair Per~o~ of "A~ ~ent in Three Acts".
On motion of the Boar~ th~ following resolution was adopted:
World-wide heul~ crisis and one in two hundred and f~fty
~ericans is now ~nfected wi~ ~IV, the vi~s that causes
AIDS; and
with AIDS and one of the target population~ for ~is event~
and
~S, the County Of ches=erfield reoogn~zes the need
f~r oar~ research and education of itn ~itiz~ns about AIDS7
and
~E~, tho Dms~gn Industrle~ Foundation fo~ AIDS
(DIFFA) was e~tablimhed in 19a4 to raise funds an~ make gran~s
to organizations nation-wide that provide ~e~ice~ to
individuals living with HIV/AIDS; =n~
~E~AS, ~e N~ Project Foun~ation was founded to
ill~strat~ the humanity behind the statistics, to provide a
5/19/92
means of expression for these touched by the epidemic and ~o
raise funds; and
WHEREAS, "An Event in Thrs~ Acts" is the largest national
AIDS fund raising and educational event in history and is a
project of DIPFA and the MIMES Project Foundation; an~
WHEP~AS, the performing company of ~EART STRINGS will be
touring thirty-five cities across the U.S. and Richmond im
included once again; and
WHEREAS, the NA~ES Project AIDS Memorial Quilt stands as
an internatieDal me~0~ial to the lives lost and being lost to
AIDS; and
WHEREAS, the Greater Richmond community Foundation/
Richmond HEART STRINGS Fund are presenting the National Tour
of h~ART STRINGS and the AIDS Memorial Quilt: "An Event in
Three Act~" d~ring the w~ek of ~ay 17-13, 1992; and
WHEREAS, such a production and its success would not be
possible without the dedication of ~erformers, production
workers, corporate sponsors, advertisers, individual
contributors and hundreds o~ national and local volunteers and
a s~pportive community; and
WHEREAS, th~ MF~%RT STRINGS pre~i~e, to gDite, educate,
mohillze~ motivate and sensitize all seqment~ of the c~un~ty
in a p0mitive and a unified forte against AIDS has been
realized by the nnmeroum Ch~mterfield citizens who have worked
so diligently to host "An Event in Three Acts".
NOW, THEl%EFOR~ B~ IT R~SOLV~D, that all sponsoring
organizations be con, mended for thei~ humanitarianism and their
activism in the international war against AIDS.
individuals living with ~IV/AID$ are commended ~or their
tireless efforts~ that the steering com/%ittee and volunteers
a~ "An ~vent in Thras Act~" ~e oomme~cd for their leadership
in guiding this production =o that all people of Chesterfield
may educate the~zelve~ about this insidious disease; and that
the week of ~ay 17-23, 199Z be designated the week of "An
Event in Three Acts" and a tine for all Cheoterfield citizens
to joia in the fight against HIV/AIDS.
V0te: Unanimous
Mr. Daniel presented the executed resolution to Mr. ~areland
end stated the County recognizes the need for care, re~earcn
~ad education of its citizens about A~D$ and wished th~m
succem~ in their fund raising event~.
Mr, Moreland expressed appreciation to the Board for thc
recognition and stated AIDS was a world-wids hsalth crisis and
the AIDS memorial quilt would be displayed at the Richmond
Centre an~ was the largest art project in the world and the
preduction's goal was to unite and educate all segments cE the
community in a positive an~ a uni£ied force apalnst AIDS.
D~$'~-~C-~
Mr. Sale stated Tho Samas River soil an~ Water conservation
District was one of over a hundred local conservation
distriots chosen to receive the 1991 Goodyear National
Association o~ Conservation D~stricts Creed Award. He
introduced Dr. Harold Mstthew~, Mr. Marshall Jones~ Mr.
Richard Nunnslly snd Mr. Tom Sordel~tt.
5/13/92
On motion of the Board, the following resolution was adopted:
annually by Goodyear Tire and Rubber Company and %he National
~q~A~AS, winning diatricts are selected from nearly three
program aeei~te local districts in %heir effor%~ to ser~o the
job of delivering quality conservation programs and zervlce~;
and
District was one of over a hundred local conservation
achievements dnrin~ fi~al y~ar 1990-91.
NOW, T~EREFORE BE IT P~ESOLVED, that the Cbestsrflsld
who merved as chairman ~$ the time of the Award; F~r. Kevin
~ones, retired Director of th~ County's ~x~nslon Service; F~r.
~a%timore Did%riot; and all o~her ~e~bers o£ Th~ James River
Soil and Wa~er Con, era;etlon District for their receipt of the
1991 ~oodyear, NACD ~rand Awar~ and their outstanding
ao~ompli~k~ents on behalf of con~er~otion in this district.
Veto: Unanimous
appreciation for their outstanding a¢oompllshments on ~ehalf
of conservation in this district. ~a noted Dr+ Matthews had
recently been appointed in the category of Soil Scientis~ to
i~.A. ~O ~IDERADOI~ION OF 'x~ ~93 'r~OUG~ FY98
for a joint public hearing with the Virginia Depaz~men% of
~&nsporta~ion ~o ¢on~er adoption of the FY99 through FY98
S~oonda~y Road Six Y~ar Improvement Plan and FYg~ Secondary
Road Improvemen~ Budget.
Mr. Colbert expressed concarn~ relative to limited aco~ to
the Millside Subdivision and requested th~ ~oard to consider
appropriating Ss0,000 for the construction of an emergency
road access into the Subdivision contingent upon the
acquisition of the ~ecessary rights-of-way.
Mr. Daniel stated he was familiar with the situation and had
~eceived letters addressing this concern. H. further
alternatives had been addressed in the pas= and he felt the
County would not be able to obtain the necessary funding from
either the railroad or tko State, however, the County
Administrator oo~ld De i~str~cted to review available
alternatlves for funding for thi~ ~eq~est.
Di~cu~inn~ comments and questions ensued relative to the cost
of the ~mer~ency access; tho availability of fund~ and tho
appropriate manner in which to address this request.
Mr. Roger Medlook stated he was a resident of the Mill~de
Subdivision and was r~presenting residents cf the subdlvi~ieu~
that approximately twenty~five residents were present; that
the only aocess into the subdivision was Pine Forest Drive;
that the road wa~ blocked approximately thirty-eight or more
times every day h~ the double track of the CSX Railroad; that
the neighborhood was concerned about the access due to
emergency sorriest; ~hat ~hey have been addressing options to
address their concerns for several year=; that they felt
Forest Drive could be e~tesded ~sstward between the Virginia
Department of Transportation (VDOT] a~d I~K Corporation and
Corporation; that tb~y felt this ~olutlon would not only
benefit the residents but would al~o ~en~fit vnet and would
not negatively impact the area~ and requested the Board to
earmarked for Matsaca District to extend Pine Forest ~rive;
the land owners to acquire the necessary rights-of-way.
Mr. Carroll ~arrie stated he was a resident of the County and
on Black Road; that there were approximately thirty new homes
on River Road ~et~een Walkem Quarter Road an~ Black Read~ that
he felt t. his was a dangerous intersection and requested the
installation of a stop sign at this intersection.
~tr, Stuart Moseley stated he resided in Mill~ide Subd~vlslon;
Subdivision safely at all times; that he felt this was an
eonsid~ratlon to their request for another access into
Subdivision.
hearing was closed.
a 9%%bdivision could be b~ilt today with one entrance; the
history of =he subdivision; the available options in providing
approve the transfer of County funds for the Hopkln= Road,
projects; approve Senate Street as the FY93 Rur&~ Addition
ProJe==~ and adopt resolution~ approving the six Year
proposed F¥1992-93 Secondary Road I~provement Budget as
presented.
Mr. Daniel stated the County Adninistrator had advised the
funds could be appropriated from the Capital Re~el've for
initiation of th~ project oontlngent on the necessary
rights-of-way being .acqu~rnd.
92-396 5/13/92
access and would not provide for a public see0nd acne~s.
addreeeed separately from the projects e~tlined in the six
Year improvement Plan and the Secondary Road Improvement
Budget as priority limtings had been reviewed extensively and
if this request was addressed in this manner, it could result
iD similar requests next year.
On motion of Mr. Warren, seconded by Mr. Colbert, the Board
Vote: Unanimous
Ou motion of Mr. Warren, seconded by ~r.
approved the tran~fe~ of Co~ty funds for the Hopkins Road,
Woodmont Drive, Rhodes Lane, and Centralia Road/c~hes~er Road
proj acts.
On motion of Mr. Warren, $=conde~ by ~r. Colbert, the Board
approved Senate Street as the FY93 R~ral Addition Project.
vote~ Unanimous
on motion of Mr. Warren, seconded by Kr. Colbert, the ~oard
adopted ~he following resolution:
WEEREAS, =he Board of Supervisors of Chesterfield County
amd the Virginia Department Of ~ra~spol~ation (VDOT} have
eo~dneted a p~blid hearing on the FY 1992--93 through FY
1997-9~ Secondary Read Six Year ~mprovement ~lan; and
WHEREAS, the Board concurs with the proposed projects
identified in the plan.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board o£ Supervisors approves %he Si~ Year secondary
Road Improvement Plan ae presented by VDOT.
A~d, f~rther, the Board adopted the following recelu~ion:
WHEREAS, the Virginia Department Of Transportation (VDOT)
ha~ submitted its proposed FY 1992-93 Secondary Road
Improvement Budget to th~ Co~ty; and
WH~Tc~AS~ the budget represents the implementation of the
~irst year of VDOT's mix year improvement plan approved by the
Board.
~OW, T~ER~FOP~ BE IT RESOLV~O, that the chesterfield
County Board of Supervi~or~ approves the FY 1992-93 Secondary
Road Improvement Budget as preeentad by VOOT.
Mr. Colbert made a motion, ~eeon~ed ~y Mr. Barber, for the
Board to appropriate $8S,000 from Reserve for Futur~ Capital
P~ojeets of the General Pund ¢on=ingent upon the necessary
right-of-way donatio~ to be used for the ~cn~tr~ctio~ of an
Mr. Barber indicated his concern had not been to the
worthlne~ of the project but rather Co the appropriate manner
in which %0 address the request.
Mr. Daniel called for the vote on the motion made by Far.
001bert, ceconded by Mr. Barber, to appropriate $80,000 f~om
the Reserve for Future Capital Projects of the Gen~ral 15/nd
Canting=hr upon the necessary right-or-way donation to be used
for the construction of an emergency access to the Millside
SuJodivision.
Vote: Unanimous
15. B. TO CONRIDER 'r~ PROHIBITION OF ANY THROUGH ~UCK OR
PI~U~ OR PANEL~R/]CK FROM USING O~]{~ED]%O~
BETWEEN ~ENITO ROAD kND nu,.n B1T~T ROAD
~r, ~¢Cra~k~n stata~ thi~ data and tiaa had bean adYer~issd
fo~ a public hearinq %o consider the prohibition of any
except a pickup or panel t~ck from using Old ~dred Road
between Geni~o Read an~ Hull S~r~ Road.
~r. ~eor~e Rodericks stated he ~ad resided in Brande~ill f0~
~e past five year~; that he and hi~ wifo had not ~oen the
pursha~ed their home; that over th~ y~ars, th~ si%nation had
b~come hazardous: that he had ~o~itted himself to
~e ~peed limit~ to bo roadjust~ bu~ had b~n un~u==~ful in
doing so~ that ~chool bu~e~ traveled the roa~ and he
Board to cons{der restricting t~ck traffic on 01d H~dred
hearing wa~ clo~ed.
~en asked, Mr. McCrack~n ~tat~d he felt the t~¢ki~g
would assis~ the county'~ effort~ ~n r~e~ning the vi~inia
Depar~ent of Transportation to ccn~truct the loop and ramp
repasted Mr. ~cCracken to notify the t~cking companies ~or
their a~stanc~ i~ this matter.
on ~0~io~ of Mr. Warren~ seconded by Mr. McHale~ ~e
adopted the followlnq resolution:
~edeived ~e~=sts from citizens to r~strict through t~ck
and trailer or sami-t~aile~ combination e~ect pickup or panel
truck~; and
~E~ tbs BOard hun conducted u public hearing on the
~estion.
~OW, TKE~FO~ BE IT R~SOL~D, that the ~oa~
Sup~iso~s re~ests the V~rginia Department of Transportation
to restrict ~hrough t~ck traffi= on Old ~n~ed Roa~,
Vote: Unanimu~s
1~.c. TO CONSIDER AN ORDIN~C~ TO AMEND TH~ COD~ ~F '£~ ~URi~X
for a p~lic hearing to con~ider an ur~inanc= to ~end the
92-378 5/13/92
,!
Co~e of the County of Chesterfield, ~978, as amended, by
amending and reenacting section ¥-5(a) relating =o franchise
percent of annual gross subscriber revenues and if the change
was enacted with an effective date of July I, 1992, the change
would generate $420,0~0 in additional :avenue during FY93.
Mr. John ~a~cke stated he was a rcsiden~ of the County; that
he was opposed to increasing the franchise fee for
televlslon; that he was concerned a~ to the affect the change
would have on the customers as he felt the Co~ty already had
the highest cahls rate in t~e area.
had done some re~earch and he felt the County our:early has
one cf thc highest cable rates; that he was opposed to raising
the re:us and w0~ld llke to be able ~e maintain his cable
service; and requested the Board to deny the ordinance.
Mr. Buck Dopp, Gen~r~t Munuger for Storer Cable
Communications, stated he supported =he efforts of the Board
and felt the increase wa~ needed a~ the fUnds woul~ be
designated for public safety; that Starer cable would pass the
franchise fee throug~ to the stLbscriber~ but would itemize the
franchise fee as a separate linc item cn the bills if the
crdi~amce was adopted; that the average affect to the
customers would be an additional two percent; that the average
customer's bill wo~ld increase by approximately $.65 per
men~h~ that storer's goal was to keep the rates affordabl~ end
competitive with thc rates of other local cable companies and
would attempt to keep :heir costs in line. He a~cssad their
cooperation and support to the Boar~ to communicate
im~lementatlen cf the ordinance if adopted.
There being no one else to address this ordinance, the publlc
hearing was
There wa~ brief discussion relative tu tbs franchise fee rates
in surrounding jurisdictions.
Mr. Daniel stated the actual franchise f~e wa~ a negotiated
item at the award of the franchise agreement and the local
governing body hsd been chargin~ the rates previously
negotiated. Re further ~tat~d thc ~ncrsase in revenue would
be designated for public safety and he had ,not received any
negative concerns from his eonstituent~ regarding the proposed
When asked, Mr. Dopp stated Jeerer had added sixty miles of
cable line on an average every year dRe ~o growth within
County; that their services offered addre~sable technology~
hhat they main:tined s P~%blic Affairs Program; and some of th~
increases were related to operating costs. He £urther stated
tbs issue would be addressed durin§ the franchise renewal
process and they would attempt to address the concerns
expressed to the satisfaction of everyone.
There was brief di~en~sion relative to the franchise fee being
pas~ed on to t~e customer.
Mr. Colbert made a motion, seconded by Mr. MeHale, for the
Board to adopt a~ ordinance to amend the Code of the County of
Chcsterfleld, 1978, as amended, by a~ending and reenacting
Section 7-5(a) relating to franchise fee ~or cable television.
~r. Mida~ stated the ordinance would be effective July 1,
~r. Warren noted the revenue gsnsrsted by the increase in the
franchise fee would be earmarked for public safety.
....................... J ................... / L .....
On motion of Mr. Colbert, seconded by Mr. McHale, the ~oard
adopted the following ordinance,
AN ORDINANCE TO AMEND THE COD~ OF T~ COUNTY
OF C~$TERPI~LD, 1978, AS AMENDED, BY ASIENDING
AND REEKACTING SECTION 7-S(a) R~LATI~ TO
FRANCHISE FEE FOR CABLE TELEVISION
BE IT ORDAINED by the Board of Supervisors of
chester£iel~ County:
(1) That Section 7-§(a) of the Code of the county of
Chesterfield. 1978, as emended, is amended and reenacted to
read as fo110wm:
$e¢, ?-~. Franchise fee: financial statsments3 audi~[ Denaltv
for late Dav~eD~,.,~f fee~ early termination of franchime.
(a) The g~antee sh~ll p~y to the county, in
consideration of the granting of th~ franchise =o use
pnblic waym for the operation of a cable television system,
five (5) percent of its annual gross s~b~e~i~er revenuem
during the period of its operation under the franchise.
Vot~: UnanimOUS
15.D. TO CON~IDER AN ORDINAN~ TO A~ND CHA~a'SR 10 OF '1'~ CODE
1978. AS AMI~D~D. B~
F~$ AT COU]RT~ LA~DFILL~
Mr. Eammer stated this data and time had bean advertised for a
public hearing to con~ide~ an ordinance to amend Chapter 10 of
the Code of the County of Chesterfiel~ 1978, as amen~e~, by
addi~ a new Section 10-~9.1 relating to special tipping fees
at County landlilla. ~e further ate=ed staff wa~ recommending
Si0.00 be charged per ton as opposed to ~e current $4S.00 per
No one cam~ fo~ard to Speak in favor of or against the
ordinance.
~ard to adopt an ordinan=a to ~end Cha~te~ I0 of the Code of
the cowry of Chesterfield, 197S, as amended, by adding a new
Section 10-29.1 relating to special tipping feez at county
landfills.
Mr, HcKale stated although th~ fee wa~ ~eing reduced ~o
~olicy should b~ establi~he~ to allow ~esidents ~o ma~e
application to the co~ty to waive the disposal fee in order
to have a one time clean-up in encouraging ~Rese ~yp~s of
program~; having ~=riodic special pickups for residential and
olea~ ~p %heir prope~y; and s~tting up a special clean-up
~, ~cHal~ re.es%ed ~ta~ to loo~ at initiatives which would
provid~ incentives %o land owner~ when cleaning ~p ~eir
property especially in areas suc~ as Route 1 for designated
Mr. Daniel called for th~ vote .on the motion made by
Warren, seconded by Mr. Barber~ for th~ Board to adopt the
AN 0RDINAi~C~ TO AMEND C~IAPTER 10 OF THE CODE 0~ ~E
COUNTY OF CHESTERFIELD. 1978, AS ~NDED, BY ADDIN~
A N~ SE~ION 10-~9.1 ~TING TO SPEGIAL TIPPING
FEES AT COUNTY ~DFILLS
BE IT ORDAI~D by the Board o~ $uD~i~or~ of
Chesterfield County:
(1) ~at Cha~ter 10 of the code of ~h~ County of
Chesterfield, 1978, as amended, i~ hereby am~nd~ by
~c%ion lo-~9.1 to rea~ as
Sec. 10-29.1. Special TimDin~ Pee at County Lamdfills.
a) A tipping fee of $20.00 pe~ ton shall be ch~,d for
non-household ref~ (other ~an tires) d~puslt~ at a
landfill o~ed ~y the oo~ty if the following criteria are
satisfied:
(1) The refuse was deposited illegally on property and
t~e o~er of the property ha~ ~0 ~O~ledge of how the
(2) The r=fu~e was deDosi%ed on prope~y 1) which
eligible for co,unity development block gran~ funding or
2) which lies within a re~evelopment area a~ approved by
the County Administrator.
(b) The fee specified in subsection (a) shall be in lieu
of any o~r tlp~ing f~ in effect for coun=y-o~ed landfills.
Vote: Unanimoum
15.E. T~ C%ON~T~ kN 0~DiMANCE TO AMEND TH~ CODE OF TM ~
OF C~EST]~RFIR~.~. 197~. A~ AI~ENDED. B.~ AMENDING ~
~ENACTIIqG SECTION 7.1-2 P~ATING TO Tn~ BOUNTIES OF
Mr. Stylish Pa~hemo~, A~i~tant County Attorney, ~t~ted thi~
date and time had be~n advertised fo~ a public hearinq
~o~sider an ordinance to a~end the Code of the County of
~sterfield, 1978, as ammndm~, by amending 3nd
Section 7.1-~ r~lating to the boundaries of voting precincts
and location of ~olling places. H~ fur=her ~tat~d the chang~
in voting precincts would not affect th= magisterial ~istrtct
boundaries and w~ra ~ing =hanged %o spil~ the Enon Voting
a~mlnistratlve an~ citizen confusion of ~avin~ multiple
congressional races taking pla¢~ in the ~ame precinct. He
stated in addition to split=in~ these tWO p~ecincts, the
Church, Winterpock and No~h and Sou~ C~u~ter Voting
allowed by the Cod~ of Virginia of 5,000 ~egis%ered voter~.
~ r~viewed the change~ and ~taff's reco~endation.
There was brief d~c~ion ~elativ~ to whether the Ettrick
Ran~01ph Voting Precinct~ could bm consolldat6d in ~e ~e
area as Matoaoa High School.
Kr. Parthemos then reviewed t~a n~mr of voting machines;
ordinance being submitted t0 ~h~ U.S. Depa~ment uf Justice
for ~ei~ ~eview; the timefram~ in which the
changes would not adversely affect minority voting r~gh=~ and
wh~ the changes would be implemented.
92-38~
add life to the exi~ti~g veti~g machines and indicated the
machines would oventually need to he replaced and would be an
i~sue in a future budget.
No one came forward to speak ia favor of or against the
ordinance.
There wa~ brief discussion relative to the number of County
residents in the new fourth Congressional District and whether
there were any changes to the boundary lines fey the
Manchostor Voting Precinct.
On motion of Mr. Colbert, seconded by Mr. Mc~ale, the Beard
adopted the followlng resolution:
AN ORDINANCE TO AMEND THE CODE O? THE COUNTY
O~HESTBRFI~LD~ 1978~ AS AMERDED~ BY AMENDING
AMD R~BNACTING SECTION 7.1-2 RELATING TO
THE BOUNDARIES OF VOTING Pi%ECINCTS
AND LOCATION OF 90LLIN~ PLACES
BE IT ORDAIneD by th~ Boar~ of Supervi$or~ of
Che~tcrfield County:
(1) That Sedtion 7.~-2 of the Code of the County of
~h~terfleld, 1978, as amended, is amended and reenacted to
read a~ follows:
Section 7.1-2. Precinct bcundarie~ and Dolling place~.
The fsllewing shell be the precinct boundaries
polling 91aces for ma~i~=erlal districts in the oounty=
BERMUDA~AGISTBRIAL DISTRICT
and
SOUTH CRESTER VOTING PP~CINCT:
Beginning at thc point where the center line of West
~undred Road ($ta~e Routo 10) intersects with the center line
of U.S. Interstate 95 (Richmond-Petersburg Turnpike): thence
r~nning sou=hwardly along the ~entor lind c£ u.s. Interstate
95 (RiC~mOnd-Petersburg Turnpike) to its intersection with
Indian Hills Read {~ate Route 746); th~ncn nsrthwe~twardly
along the center line of Tsdi~n Hills Road (State Route 746)
tO its intersection with the Seaboard Coast Linc Railroad
right-of-way; thence northwestwardly along th~ oentor lin~ of
such right-cf-way to it~ intersection wit~ thc center line of
Ashton Cree~; t~e~ce westwardly along the c~nter ]in~ cf
Ashton Creek ts its ~n=~rsscnisn wi~ Harrowuate Road (state
Route 144); thence northwardly along the c~nter li~e Of
Rarrowgate Road (state Rouge 144) to its intersection with
We~t ~Undrcd Road (State Route 10); thence eastwardly along
the cen=er lin~ of West Hundred Road (state Route 10) to its
i~t=rsection with U.S. Inter,eats 95 (Richmond-Petersburg
T~rnpike), the point and place of beginning.
The voting plac~ for South Chester Voting Precinct shall
be Chester Units~ M~thodlst Church, 121~1 ~rcival Rtr~et.
BNON VOTING PRECINCT:
Beginning at the point wh~re the coster line o~ Proctor's
Creek intcr~ect~ the boundary line between Henrico County and
Chesterfield County; thonoe along said boundary line as it
meander~ Southwardly with the James Ri~er to its intersection
with the boundary line between Chesterfield County and C~arles
city COunty; thence along the boundary line between
Chesterfield County and Charles City County, the City cf
92-382 5/13/92
Hopewell, and Prince George County ts itc intersection with
U.S. Interstate 295; thence northwardly along the center line
of U.S.Int~etata 295 to it~ inter~ectlon with Enon Church
Roa~ (State Route 746); thence westwardly along the center
line of Rnon Church Road (State Route 746) ~o its intermection
with tho Seaboard Airline Railroad right-of-way; thence
northwardly and westwardly along the center li~e Of oaid
right-of-way to its intersection with the Seabsard Coast Line
Railroad right-of-way; thence weetwardly along the center line
of ~his right-of-way to its intersection with Ra~blewood Drive
line of Ramblewood Drive (State Route 617) to its intersection
with R~el Ridge Road (State Route 109~)~ thence westwardly
along the canter line of Rebel Ridge Road (State Route 1093}
to its intersection with Walthall Drive (S~a~e RO~c ~ogo);
thence seuthwa~dly along thc center line of Walthall Drive
(state Route 1O~) ~O its in~orssotlon with Quarterpath Lane
(Stute Routs 1089); thence westwardly along the center line of
Q~ar~erpath Lane (State Routs 1089) to its intersection with
Green Fo~e~t Drive (State Route 1056)$ Dhencs scuthwardly
along the center line sf Green Foreet Drive (State Route 1086)
to its intersection with Spring Valley Road (Stats Route ~91);
thence eastwardl~ along the center line of spring Valley Road
(State Route 891) to its intersection with Waltha11 Drive
(state Route 1090); thence southeastwardly along the Center
line oX Walthmll Drive (State Routs 1090) to its intersection
with Ruffin ~ill Road (State Route 746); thence
eouthwestwardly along the canter line of Ruffle ~ill Road
(State Ro~tc 746) ts its intersectisn with Ashton Creek;
westwardly to its intereection with Woods ~dge Roa~ (Stats
Route 620); thence southwestwardly along the canter line of
Woods Edge Road (State Route 620) to it~ intersactlon with
U.S. Interstate 95 (Richmond-Petareburg Turnpike); thence
northwardly along the center llne of U-S. Intsrstate 95
(Richmond-Petersburg Turnpike) ta its intersection with
Proctor's Creek; thence eastwardly along th~ cemter line of
~rsctor's creek to its intersection with the bo%lndary line
betwemn Henrico County and Chesterfield ¢O%n~y, the point and
place o~ beginning.
The voting place for Enen Voting P~e¢inct shall be ~non
Fire Depa~ment, 1920 E, H~ndr~d Road.
NORTH C~ESTER VOTING PP~CINCT:
Beginning at ths point whmre the oentmr ~ne of Prootorls
Creak inter,acts the center line of U.S. Inter,tare 9S
(Richmond-Petersburg Turnpike); thanes runnin~ southwardly
along the center line of U.S. Interstate 9~ (Richmond-
~t~r~hurg Turnpike) to its int~rsmcticn wi=h Wast ~u~red
Road (State Route 10); thence in a ws~tw~r~!y direction along
the center line o~ Wmst ~undred Road (State Rsute 1~) to its
intersection with Old Centralia Road (Stats Route 609)~ thence
northwardly along old Centralia Road (State Route ~09) to its
intersection with Centralie Road (State Routs 7~7); thence
wmstwerdly along the center ling Of Centralia Road (State
Route 717, continuing as State Route 14S) tO its inter=motion
with t~e Seabsard Coast Line Railroad right-of-way; thence
northwardly along the center llne of such right-of-way to its
intersection with Proctor's Creek; thence eastwardly along the
centsr line of Proctor'~ Cr~k to its int~rsmcticn with U.S.
Interstate 95 (Richmond-Petere~urg Turnpike), %he point and
place of beginning.
The voting place for ths North chester voting Precinct
ehall be Thomas Dale High School, 3626 Wemt Rundr~d Road.
e o o
92-3~3
5/13/92
Beginning at the point where the center line of Iron
B~idqe Read (State Route 10) inter~ects with the center line
Of Branders ~ridge Road (state Route 625)~ t~cnce southwardly
along the center line of Brander~ Bridge R0a~ (State Route
625) to its intersection with Happy Hill Road (state Route
619); thence eastwardly aleng the center line of Happy Rill
Road (State Route 619) to its intersection with Rarrowgate
Road (State Route 144); thence northwardly along ~he
line of Harrowgate Road (State Route 144) to itz intersection
with Ashton Creek; thence eastwardly along the center line of
Railroad right-of-way; thence scutheastwardly along the
linc of said right-of-way to it~ intersection with an unnamed
branch of Ashtcn Creek; thence nerthwestwardly along said
unneeded h~anch to its intersection with Happy Hill Road (~tate
Route 619); thence southwardly along the center line of Happy
Hill Road (State Route S19) to its intersection with U.S.
Route 1/301 (JeXferson Davis Highway)~ thence sou=hwardly
along the center line of U.S. Route 1/301 (Jefferson Davit
Highway) to its intersection wit~ Tineberry Creek; thence
Virginia Power Company easement; thence ~outhwardly along the
center line of said easement to ~ts intersection w~th Swift
Creek; thence following the center line of Swift Creek
outfall of Lake Dale; thence northwardly along the center line
of Lake Dale to its intersection with Lewis Read (State Route
63~); thence northwardly along the center line of Lewis Road
(State Route 632) to its intersection with Iron Bridge Road
(State Route 10); thence eastwardly along Iron Hri~gs Road
(State Route 10) to it~ interdiction with Branders B~idge Road
{State Route 62~), the point and place cf beginning.
~c voting place for wells Voting Precinct shall bm C. C.
Commencing at t_he point where the center line of Iron
Centra~ia Road (State Route 14~); thence proceeding eastwardly
continuiDg as State Route 717) to its intersection with Old
Centralia Road (State Route 609); thence southwardly along the
center lin~ of Old Centralie Road (State Route 609) to its
inter, action with West Hundred Road (state Route 10); thence
wcstwardly along the center line of West ~undre~ Road (state
Route 10) to its intersection with Harrowqate Road (state
Route 144); thence southwardly along the center line o~
Harrowgate Road (state Route 144) to it~ inte=eeotien
Happy Hill Road (State Route 61~); thence wsstwardly along :he
center line of Happy Hill Road (State RoUte 619) to its
intersection with ~randers Bridge Road (state Rou~e
Bridge Road (State Route 625) to its intersection with Iron
Bridge Road (State Route lO); thence we~twardly and
northwardly along the center line of iron ~ridge Read (State
Re~te 10) to its intersection .with Centralia Road (State Route
145), the point and place of beginning.
Beginning at the point where the center line of
Interstate 295 interscuhs with the boundary line betweem
Chesterfield County and Prince George County:
northwardly along the center line of U.S. Interstate 29B to
its intersection with Enon Church Road (stats Route 746)~
Road (State Routs 746) to its intersection with the Seaboard
Air Line Railroad right-of-way; thence northwardly and
westwardly along said righ%-0f-way to its intersection with
the Seaboard Coast Line Railroad right-of-way; thence
westwardly along this right-of-way to its intersection with
Ramblewood Drive (State Route 617); thence $cutheastwardly
along the center line of Ramblewood Drive (State Route 617) to
its intersection with Rebel Ridge Road (State Route
thence westwerdly along the center line of Rebel Ridge Road
(State Route 1093) to its intersection with Walthell Drive
(State Route 1090); thence southwardly alomg the Center 1ins
of Wa1~ha11 Drive (Stet~ Routs 1090) to its intersection with
Quarte~-~ath Lane (state Routu 1089): thence westwardly along
the center 1ins of Quarterpa=h Lane (state Route 1089) to its
intersection with Green Forest Drive (State Route
thence southwardly along the center line of Green Forest Drive
(State Route 1086) to its interm~ctio~ with Spring Valley Road
(S~ata Route 891)~ thence eastwardly along the Center line of
Spring Valley Road (State Route S~i} to its interseo=ion with
along the center line of Walthall Drive (State Route 10~0} to
its intersection witch Rnffin Mill Road (state Route
th=ncc southwestwardly along =he center llne of Ruffin Mill
thence along the center line of Ashtcn Creak as it msandsrs
eastwardly to its intersection with Woods Edge Road (State
Route 6R0); thence ~outhwe~twardly ~long the csntsr line ef
Woods Edge Road (State Route 620) to its intersectiOR with
U.~. Inter.tare 9~ (Richmond-Petersburg Turnpike); thence
southwardly along the Center line of U.S. interstate
(Riohmond-~etersburg Turnpike) to its inter.cotton With Swift
Creek, which acts as the boundary line between Chesterfield
County an~ t_he city o£ Colonial Heights; thence atcnq said
the boundary between Chesterfield county and Prince George
CathY=y; thunce along this boundary to its intersection with
U.S. Interstate 29S, the point and place of he~inn~ng.
The voting place for Point of Rocks Votln~ Precinct ~hall
be the Maintenance Building at ~oint of Rocks Park, 201 Point
DALE PIAGISTERIAL DISTRICT
SALEM CHURGH VOTING PRECINCT:
Beginning at the point where the center line of con=talin
Road (State Route 14~) intersects t_hs center line of the
Seaboard Coast Line Railroad right-of-way; thence northwardly
along the center line of said right-of-way to its inter,et=ion
with Kingsland Road (State Route 611) ~ thence westwardly along
the Qent~r llne of Kingsland Road (state ROUte 611) to its
~ntersection with Salem Church Road (State Route 642)~ thanes
eouthwardly along the csnter line of Salem Church Road (state
Rout~ 642) to its intersection with Old War.on Drive (State
Route 190~)! ~hence eastwardly along the center line of
War, on Drive (State Route 190~) to its intersection with
Thornlngten Drive (State Routo 829); thence eastwardly slong
the center line of Thorning~on Drive (State Route 82~) to
intersection with Shiloh Drive (state Rcut~ 750); thence
southwardly along th~ cea=er line Of Shiloh Drive (state Route
75G) to it~ inter~ection with con=talin Road (Stat~ Routs
145); thence eastwardly along the csnter line cf Centrelia
Road (State Route t45) to its intersection with the Seaboard
Coe~t Line Railroad right-of-way, =ho point and place of
beginning.
5/13/92
T~e voting place for Salem Church voting Precinct shall
bm galem Church Middle School, 9700 gale~ Church Road.
GATES VOTING PRECINCT:
Comnencing at the point where the center line of Sale~
Church Roa~ (State Route 642) intersects with the center line
of a creek known aa Great Branch; thence alonq the center line
of Great Branch as it m~ander~ westwar~ly to its inter~sctien
with Krause Road (State Ro~te 902); thence horthwardly along
the oenter line of Krause Road (State Route 903) to its
ihterseetion with Courthouse Road (State Route 2599); thence
westwardly along the center line of ce~rtheuse Read (state
Route 2099) to its intersection with Iron Bridge Road (State
Route lQ); thence southwardly and westwardly along the center
line cf Iron Bridge Road (State Route 10) to its intersection
wi~h Csntralia Road (State Route 145); thence eastwardly along
the center line of Centralia Road (State Route 14S) to its
intersection with Shiloh Dr~ve (State Route 750); thence
northwardly along the center line of Shiloh Drive (State Route
750) to its intersection with Thorningten Drive (State Route
$29)~ thence weatwardly along the center llne of Thornington
Drive (State Route 829) to its intersection with Old WatSOn
Drive (S~ate Route 1905); thence westwar~ly along the center
line of Old War.on Drive (State Route 1905) to its
intersection with Salem Church ~ead (s~ate Route 642); thence
eouthwestwardly along the center line of Salem Church Road
(Sta~ Rou~e 642) to it~ intersection with Great Branch, the
point and place of beginning.
The voting place for Gate~ Voting Precinct ~hall be 0. B.
Gates ~lemen~a=y school, lOOOl Courthouse Road.
~ATOAGA MAGISTERIAL DIS~RICT
ETTRICK VOTING PRECINCT:
Beginning at the point where the center line of Oldtcwn
Creek ~nter~cts the Do.defy li~e be%were Chesterfield County
and the C~ty of Colonial Heights; thence along the center line
of Oldtown Creek as it meanders in a southwes~wardly ~irectien
to its 9oint of intersection with the virginia ~ow~r Company
easement; thence ~outhwardly ~long the center 1lee cf said
easement to its intersection with the Appom~ttox River, which
iS %he beun~ry line between chesterfield County and the city
of Petersburq; thence eastwardly along said boundary line e~
it folluws the A~emattox River ~o its intersection wit/l ~he
boundary line between Chesterfield County amd the City of
colonlal aeigh%s; ~he point eno Diane cf beginning.
The vo~in~ ~lace for Ettrick Voting Preninct shall be
Ett~iok Elementary School, 2091Q Chesterfield Avenue.
MATOACJ~ VOTING PRECINCT:
Beqinning at the point where the center line of the
Appomattox River inter~ect~ th~ center line of the Virginia
Power Conpany easement; thence northwardly along ~a{d easement
to its inter~ectlon with Oldto~ Cree~; ~enc~ we~tw~rdly
along the center l~ne of Oldtown Creek to its intersect~en
with Rickety Road (~tate Route 628)~ thence westward!y along
the center line of Hickory Road (State Route 628) to its
intersection with Graves Road (S~ate Route 630); thence
southwestwardly along the cente~ line of Grsves Read (State
Route 630) to its intersection with River Roa~ (State Reu=e
60~); thence leaving the canter line of River Road (State
Route 602) in a straight line On a conrac due southwest to the
boundary line between Chesterfield County and Dinwlddi~
wirginia Power company~ easement, the point und place of
beginning.
The voting place for Ma%oaca Voting ~re¢inot ehall be
Katoaea Fi~e Depa~ament, ZlSO0 Pickett Avenue.
WINFREE'S ~TOP~ VOTIN~ PRECINCT:
Beginning at the point where t~e center line of
Woodpecke~ Road (State Romte 6~6) inter,acre the center
of Sandy Ford Road (State R~u~e 6~9); thence s~uthward!y along
the center line of sandy FoMd Road (State Route 669) to its
intersection with Hickory Road [state Routm ~26); thence
weetwardly along the center line of Hickory Road (State Route
628) to it~ inter,cation with Graves Roa~ (SUate Route 630);
thence southwextwardly along the center line of ~rav~ RO~d
(State Route ~3o) ~o its ~n=er~ction with River Road (State
Route 36); th~ne~ l~aving the center line of River Road in a
~traight line on a cours~ due southwest 'to the bo~dary line
betwee~ Chesterfield County and Dinwiddie County; then=e
wemtwardly alon~ such boundary line to its ~nter~ection
the western line cf Nooning Creek, as $~ooded by ~ke Chesdi~7
t~en no~Rwardly along ~e western line of Nooning Creek
flooded by L~ke Che~din, an~ continuing along the cen~r line
of ~ooning Creek %o the sou~arn te~inus of Second Branch
Road (~tate Route 65]); thence no~hwardly along ~e center
li~e of Second Branch Road (Sta=e Route 653) to
along ~e c~nte~ line of SeCond 5runch as it meanders in
Route 636); thence northwardly along the center line of Nosh
~oa~ (state Route 636) to its inter~m~tlon with Woodpecker
Roa~ (state Route 6Z6); ~ence so~theastwardly along the
center line of Woodpeo~er Road (state Route 626) to its
intersection with a creek known as Second Bra~Ch; then¢~
northwar41y along ~he center l~ne of Second Branch to
intersection w~th Licking Creek; thence southeastw~r~ly along
~e oenter line of Licking C~eek to its inter~e~t~on with
Swift Creak; thence ~outhaastwardly along the center llne of
(State Route 631); thence southwardly along the center line of
Bradlmy Bridge Road (State Route 631) ts ~tm intersection wi~
Woodpecker Road (~tate Route 626); thenc~ southea~twardly
along the center l~ne of Woodpecker Road (stat~ Route 626} to
it~ intersection with Sandy Ford Road (State Route 669),
point and place of beginning.
shall be Phill~pE Volunteer Fire D~partment, 10630 River
BEAC~ VOTING
Road (State Route 655) inters%cra the center llne of Iron
its intersection wi~ Lewi~ Road (State Route 6~2);
· outhwa~ly alo~ the center liue Of ~wi~ Road (State
~oUthW~StWardly along the center lln= of Lake Dale to its
out,all at Swift Creek; thence ~outhwardly ~long the
line of Swift Creek to i~s inters~ctiun wlth Licking. CreW;
thence nor~westwardly along the center line of Licking
Branch to it~ intersection with woodpecker Road (State Route
626}; thence ~o~thwestwardly along the center li~e Of
Woodpecker Road (state Route 626) ~e its interse=tion wi~h
Na~h Road (Stake Route 636); thence mouthwardly along the
center line of Nosh Road (State Route 636) to its intersection
with Second Branch; thence following along the center line of
Second Branch as it meanders westwardly to itm intermection
with Second Branch Road (State Route 653); thence northwardly
along the center line of Second Branch Road (State Route 653)
to its intersection with Beach Read (state Route 655); thence
eastwardly &long the cente~ line of Beach Road (State Route
655) to its intersection wi=h Qualla Road (State Route 653);
t/%ence nOrthWardly along the center line of Quells Road (State
Route 6S3) to its intersection with swift Creek; thence
eastwardly along the center lln~ of Swift Creek as it meanders
to its intersection with Bea=h Road (State Route 655) thence
northeastwardly along the =enter linc of Beach Road (State
Route 655) to its intersection with Iron Bridge Road (State
Route 10), the point and place of beginning.
The voting place for ~eaoh voting ~reoinct shall be the
Beach Community Grange Building, 11401 Bundle Road (Route
W~T~R~Q¢~ VOTING PRECINCT:
Beginning at the point where the center llne o£ U.S.
Rents 360 (Hull Street Road) intersects tho boundary line
between Chesterfield Cuunty and Ammlim County as said
follow~ the Appomattox Rive~ in a seuthaastwsrdly direction to
its interae=tion with the western I~ne of Noonlng Creek as
flooded by Lake Chssdin; thence northwardly along the western
1ina of Nooning creek and th~n along the center llne of
Nooning Creek; thence continuing northwardly leaving Nooning
Creek to the southern te~minu~ of Second Branch Road (State
Route 6~3) t thence northwardly along the center line of Second
Branch Road (Stets Route 853) to its inter~ection with Beach
Road (State Route 6~5); thence eastwardly along the center
line of Beach Road (state Route 555) to its intersection with
Quall~ Road (State Route 653); thence northwardly along the
center line of Quells Road (state Route 653) to its
intersection with Spring Run Road (state Route 6~4); thence
westwardly along the center line of Spring Run Road (State
Route 654) to its intersection with North spring Run Road
(state Route 662]; thence northwardly along the center line of
North spring Run Road ($~ats Route 66Z) to its intersection
with U.S~ Route 360 (Hull Street Road); thence proceeding
westwardly along ~he center li~e Of U.S. Route 360 (Hull
Street Road) to its intersection with the boundary line
between Chesterfield County end Amelia County, the point and
place of beginning.
The voting place for Winterpock Voting Precinct shall be
Win=erpook Recreation Aeeo¢iation~ 14411 Beach Road.
BAILEY BRIDGE VOTING PRECINCT:
Commencing at the point where the center line of U.S.
Route 36O (Null Street Road) intersects with North Spring Run
Road (State Route 662); the~ee SOUthwurdly along the center
line of North spring Run Road (state Route 662) to its
inter,es=ion with Spring Run Road (State Route 6~4); thence
eastwardly along the oen~er line of spring Run Road (State
Route 654) to its inter~ection with Quells Road (State Route
6~$)~ thence nertheae~wardly along the =enter llne o~ Quells
Road (State Route 653) to its intersection with Swift Creek;
thence following Swift Creek as it meanders in a we~twerdly
direction to its intersection with U.S. Route ~60 (Hull Street
Ro~d)~ thence westwardly along U.S. Route 360 (Roll Street
Road) to its intersection with North Spring RUn Road (State
Route 662), the point and place of hsg~nnlng.
~/13/92
The voting place for Bailey Brld~ V~ting Precinct shall
be Bailey Bridge Middle Schoolw 12501 Ba~ley Bridge Road.
CLOVER HILL ~AGISTERIAL DISTRICT
GENITO VOTING PRECINCT:
Beginning at the point where the center line of Powhite
Parkway (~tate Route 76) intersects the center line of
Courthouse Road (State Rout= 65]): thence southwardly along
the center llne of Courthouse Road (state Route 663) tO its
intersection with U.S. Routs 360 (Hull Street Road);
sout--hwes%wardly along the center line of U.S. Route 360
Street Road) to its inter~otion With S. old Hundred Read
(State Route 652); thence northwardly along the center line of
S. Old ~undr~d Road (State Route 652) until it intersects with
Coalfield Road (State Route 751); thence northwardly along the
center line of Coalfield Road (State Route 7~1) to
±nterssot~on with 01d H~ndrcd Road (State Route 652); thence
northwestwardly along the center line of old Hundred Road
(state Route 652) to it~ i~tersaction ~ith Powhite
(State Route 76); thence eastwardly along the center line of
Pow~ite Parkway (State Route 76) to it~ intersection with
Courthouse Road (State Route 553), the point and place of
beginning.
The voting place for ~e~it0 Voting Precinct shall be
Providence Blementary Suhccl~ 11001 W. Pr0viden~e Road.
BRAND--ILL VOTING PRECINCT:
~eginning at the point w~ere the center line of Old
~undr~d Road (State Route 652) intersects the center llne of
Little Tomahawk Creek; thence along said creek a~ it
southwardly to its intersection with Genito ~oad (state
~04)~ thence eastwardly along the center line of senito Road
(State Route 60a) to its intersection with S. old Hundred Read
(state Route 652); thence northwardly along the center line of
~. Old ~undred Road (State Route 65l) te its intersection with
Coalf~eld Road (Stat~ Route 751); thence northwardly along the
center line of Coalfield Road (Stats Route 751] to its
intersection with Old Hu_~dred Read (state ROUte 6S~); th~oe
in a westwardly directlon along the center line of Old Hundred
Road (State Route 652) to its inter,action with Little
Xeaahawk Creek, the point and ~laua of beginnlng.
The voting place ~er ~randerm~ll Voting Precinct shall be
Swift Creek Blementary School, 13S00 Genito Road.
F=%NCHESTER VOTING PRECINCT:
Commencing at the point wh~re the center line oS U.S.
~oute 36Q (Hull street Road) intersects the center line cf the
Commonwealth Natural Gan Pipeline easement; =~enee
sonth~ardly alon~ the oent~ li~e of said easement to its
southwest~ardly along the center line of B~lmont Reed (State
Route 6~1) to it~ intersection with Falling Creek; thence
northwe~twardly along the center line of Falling Creek tQ
intersection with U.S. Route ~60 (~ull street Road); thence
proceeding northeastwa~dly along the center lin~ Of U.S. Route
~60 (Hull Street Road) to it~ intersection with the
Commonwealth Natural Gas Pipelin~ easement, the point and
place cf beginning.
The voting place for Manchester Voting Precinct shall be
Manchester ~iddle School, 7401 Hull Street Road.
92-389
KIDLOTHIAN MAgiStERIAL DISTRICT
BEAUFONT VOTING PRECINCT:
Beginning at the intersection of the center line of U.S.
Route SO (Midlothian Turnpike) with the boundary llne betwesn
Cheoterfield County end the City of Richmond: thence
northwardly and along such boundary line to its intersection
with P0W~ite Creek; thence eastwardly alonq said creek to its
intersection with ~owhita Parkway (State Route 7~)~ then=s
southwestwardly along the center line of Powhite Parkway
(State Route 75) to its intersection with Bu£ord Road (State
Route 678); ~_hence southwardly along the center llne of Buford
(Zidlothian Turnpike); thence eastwardly along the center line
of U.~. Route 60 {Midlothian Turnpiae} to t~e point and place
cf beginning.
chesterfield Villm~e Clubhouse, 211 Linqotorm Lane.
Vote: Unanimous
i~.F. TO CONSIDE~A~ENDINGTHE ZONING O~DINANC~ I~E~qTI~E TO
ELIMINATING INCONSISTENCIES BETWEE~ CHAPTERS 21 AND
A~¥~I~ING SIGN STANDARD~
Mr. Peele stated this date and time had bssm advertised for a
p~blio hearing to consider amending the Zoning Ordinance
relative to eliminating in~ansistencle~ between C~aptera 21
and 21.1 and clarifying wording in Chapter 2~.1 and revising
stmndards. He e~re~ed ~ppreclation to thm ~e{ter Advlzory
standards for the Village of ~e~ter and r~viewed the oh~nges
would OQC~r Wi~ thm ac~isition of vacant land nu~h uS the
Pomt Office and extension of ~a roadway.
Mr. Warren returned to the meeting.
streetscaping sign standards, village entrance signs,
~idlothian ~ea Co~uni~y Plan.
~e~tmr A~vi~ory Co~ittee and were present: that the
Co~ittee had re~e~t~d Eom~ ~ang~ and h~d worked 4ilig~ntly
on the c~eation of the Plum; ~at ~e Plan for the Village
~eEter had be~n i~ existence fo~ a lung period of tame and
s~e had been involved from ~e beginning; that she
~e amen~ent~ a~ proposed by %he Advisory c~ittee and
T~e~A being mo one el~e to address this issue, 'the p~lic
hearing was closed.
Kr. Me, ale eta~ed he had met with staff and had reviewed the
proposed amendments and expressed appreciation to Mrs.
A~mstrong and Mr. Hugh ¢lins for their commitment to Chester.
He further stated he was concerned as to the administrative
site plan review process as there were no provisions for
notice to adjacent property own~r~ an~ he felt adjacent
property owners should be notified of the site plan being
approved and had therefore requested staff to amend this
provision requiring the applicant, with th~ assistance of
stuff, to ~ke ~i~ten notification to the a~jac~nt
drive-in Zaoiliti~$ b~lng p=~i%ted withou: a conditional use
wi~in Chester.
~ere was brief discussion relative to the proposed
o~tlln=d an~ the re,es%ed amen~ents by staff.
Mr. M~ale ~d~ a motion~ seconded by Mr. Warren, for ~e
Boa~ %o adopt amen~ents to the r~co~ende~ ordinanc~
which re, ire th~ applicant m~mitting a site plan
a~inistrative aD,royal to Drovers written notification
~djacent property owners, to re,ire conditional use~ for all
uses with ~rive-in facilities within chester an~ staff's
suggested changes.
~r. Daniel recognized K~. Huqh Cline who wa~ pre~e~t ~nd
Kr. Hugh Cline, re~resenting the Chester Aevi~ory
~e~ted the Board %c defer this issue in order to provide
Adviso~ Co~ittee.
Discussion, co~ents, and ~sst~on~ en~ued relative tu
~eferring ~is issue for thi~y day~ in ord~ to allow the
changes.
Mr. McHale made a motion, ~e~ond~d by Mr. Warren, for the
Zoning O~inance relat~v~ to eliminating in~on~i~t~ncie~
between Chapter 21 and 21.1 and clarifying wording, in
~1.1 and revlsln~ the village development ~ta~da~d~ and
OUtdoor advertising sign standards and to defer con~d~ra=~on
of thi~ i~ue until June 10, 1992.
to the Board, it wuuld nu~ limi~ the ~lexi~illty of the ~ard
~n rendering a d~ision.
~. Dahiel called for the vote on the motion made by
Merle, seconde~ by Mr. Warren, for the Board to close the
p~lic hearing to CQnsider amending th~ ~oning
relative to eliminating inconsistencies between Chapter Zl and
21.1 and clarifying wording in Chapter 2LI and revising
v~llage detainment standards and outdoo~ advertising sign
standards and to defer consideration of this issue until June
10, 1992.
Vote: Unanlmou~
I~.G. TO CONSID~ AN Ol~Ol~cI~ TO A~END C'HA~rF~K 2'1, ARTI~.R
Nr. Jacobson stated thim date and time had been advertised for
a public hearing to consldsr an o~dinance to amend Chapte~ 21,
92-391
~/1319Z
Article XXII% Division 2, of the Code of the County of
Chesterfield, 1~?~, as amended, r~lating to historio distriote
and landmarks, He further stated if adopted, the ordinance
would eliminate the r¢~trictlsn on the number of te~ms a
member of the Preservation Committee may ~erv~. Me noted the
Planning commission and staff recommended approval.
NO one came forward to ~peak in favor of or agsinst the
ordinance.
On motion of Mr. Colbert, ~e~0~dp~ by ~r. warren, the soard
adop~d the following ordinanoe:
~%N ORDIN~2qCE TO ~4END CPIA~rER 21~ ARTICLE XXIII
A~D C~A~TER 21.1, ARTICLE III, DIVISION 2, OF THE
BE IT ORDAIneD by the Beard of Supervleors of
Chesterfield County:
(1} That Section ~5-10~ through 21-~14 are hereby
(2} That Section 21-201 of the Code of the County of
Che~t~rfiel4, ~975, as amende~, is amended and reenacted as
follows:
Sas. 21-201. Desi~ation of Historio Districts.
Th~ process for establishing Historic Districts and
Lan~mark~ for property that is classified into zoning
di~tri=ts pursuant to chapter 21 shall be governed by A~icle
III, Divtsi'on 2 of Chapter 21.1.
(3) That Sectlen 21.1-25 of the Coda of the County of
follows:
Sec. 21.1-2~ Creation of Premervatien committee
For the purposes of assisting in the administration of
the provision~ of thi~ Division, there i~ hereby created a
Pre,el*ration Committee. Such Committee shall be composed of
=even ~ember~ appointed by tho Board of Supervisors. At lea~t
one (1) member shall be an aro~itect or landscape architect,
one (1} member shall be a contractor, one (1) member shall bo
a representative of a local historical ~ec~ty and on~ (1)
membe~ shall be a person with professlenal expertise or
training in the field of historic p~ese~vatiun and historic
appointed fo~ three year terms.
STR~mr. LOCK~A~DT AND ~%T..CKS. ROAD~ TO 'r~
~. Sale stated thi~ ~atm an~ ti~e ~ad be~n adv~rtise~ for a
public hearing to consider the conveyanco of rightm-o~-way
along Hull s~re~t, ~o~ard~ and Hioks Roads to the Vi~inla
Depa~ent of Trannpo~ation.
conveyance was for road improvements at the ~Prade Branch
Libra~ and ~anch~ter ~igh School.
5/13/92
On motion of Mr. Warren~ seconded by Mr. Colbert, the Boa~d
approved the conveyance of rights-of-way and temporary
Manchester High School for the ssn~ideratien of $41,159.~4 te
the Virginia Department of Transportation for road
improvements along Bull Street, Lockhardt and Bicks Reads and
authorized the County Adhinistrator to execute the necessary
optlons and the chairman o5 the seard and county Administrator
to execute the necessary deeds upon approval by the County
Attorn=y.
APPROPR/ATE $15.000.U00 IN ~O~ ANTICIPATION
Mr. Stegmaier stated this date and time had been advertised
for a public hearing tc consider an amendment to the F¥91-92
Budget te appropriate $1~,000,000 in Bend Antlclpat~on Wote~
for the COUrt,orion of ~chcol capital improvements. He
further stated staff had received favorable bids and,
therefore, were requesting the Board to approprlate bond
proceeds and ~ntersst earnings from the ~ale of the Bonds.
Ther~ was no one present to address this i~sue.
T~ere wa~ brief discussion relative to the County ~elling the
Bonds in November; the rate being approxlmct¢ly five percent;
~nd The rate for lo~g-torm bonds.
On me, ion of Mr. Barber, ~e~onded by Mr. Colbert,. the Board
appropriated Bond Anti¢ipatlon Note proceeds o~ $15~000,000
end appropriated anticipated interest earnings of $192,000 for
School capital projects and issuance costs of upprex~metely
$~0~80; and authorized the C0~ty Administrator to accept the
proposal form the lowest bidder =o purohase $15,000,000 in
Bend A~tisipation N~tes for a rote not to exceed 5.00 percent~
Vote~ Unanimous
1§.~. TO O0/~ID~A~AMENDMENTTO'i'm~FYgl--92 5~(~ETTO
Mr. Ha~or stated %his date and time had been advertised for a
public h~aring to consider an amendment to th~ ~Y91-92 Budget
to a~ro~riu~e bond proceeds and int~r~t earnings in the
amount of $21~760,~19 for the r~financlng of Water an~ Sewer
Revenue Bonds, Series 1985A, i~ued fo~ th~ const~ction of
Utilities capital improvements. ~e further stated =tail
~e~esting the appropriation of bond proceeds and interent
April
There was no one present to address this issue.
O~ ~OtiOn of ~. NCHale, seconded by Mr, Colbert, th~ Board
appropriated bend proceeds of $19,731,300, .aoc~ed interest
refund the Water and Sewer Refunding Bonds, seriez 1985A and
5/13/92
On motion of Mr. Barber, seconded by ~r. Colbez-~ the Board
~u~De~ded its r~le~ t~.amend the agenda to add Item
Set Date for a Public Hearing to Consider the Appropriation of
Proceeds from Refunding t988 Water and Sewer Refunding Bonds
and Authorization for the County Administrator to Approve the
Resolution of Sale.
Vote: Unanimous
BET DAT~ FOR A PUBLIC ~F2~9/NG TO CONSIDER ~
~P~ONo~ ~{~E~S ~1{OI~REIqINDING 19BBI~A'rK~
Mr. Bammar stated the Refunding Bonds, series 1988~ oould be
~Cfundod due to favorable market conditions and that the
County would refund $41,34~11.64 of prinoipal in Bo~d8
exchunge them in an amount n~t ~c exceed $43 million. He
~u~her state~ this transaction would save the County
appro~iDately $3 million in gross saving~ ov, r the life of the
Bonds and in present value saving~ approximately $1.6
million. K~ noted it would amount to a ~evlngs of
approximately $150,o00 per yea~ and approximately $3 million
to tho Utilities Department over ~he llfe of ~ho Bon~s.
~nere wa~ brief discussion relative to ~he s~ruoturln~ of the
transaction ~ued in retirin~ and selling the Bonds.
O~ ~otiOn of }tr. Barber, seconded by Mr. KcMale, the Board set
the date of ~ay 27, 19~2 mt 7:00 p.m. for a public hearing to
consider the appropriation of $43,000,0~0 to undertake the
r~£unding sale and adopted the following
authorizing the County Admini=trator to approve th~ sale to
achieve a ~our De~se~ or gr~a~er present value savings:
COUNTY OF CHSBTBRFIELD~ VIRGINIA
FIFTH SUPPLEI~ENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE ISSUANCE~ SALE AND
DELI~/ERY OF ~OT TO ~X¢~D $4$,000,OOO AGG~GATB PRINCIPAL
AMOUNT OF WATER AND SEWER P~VENUE REFUNDING BONDS, SERIES
I99~A, OP THS COUHTI OF CHESTERFIEr.~, VIRGINIA, 2~ND
DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN
W~=P~Y~%$, on July ~4, 19~5, ~e ~oard of Supervisors
(t/pa "B0a~d") of the County of Chesterfield, Virginia (the
"County"), adopted a resolution, ~ntitled "RESOLUTION OF THE
BOARD OF SUPERVISORS OF TE~ COUNT~ OF CHESTERFIELD, VIRGINIA,
AUTHORIZING TH~ ISSUANCS OF WA~ER AND SEWER P~VENUE BONDS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA~ AND PROVIDING FOR TNB
S~CURIT¥ 0~ TH~ HOLDERS THEREOF*~ (hereinafter referred to
the "Bend Re~ol~tion"), authorizing the issuance of the
"County of chesterfield, Virginia, Water and Sewer Revenue
Bo~d~" (hereinafter referred to a~ the "Bo~d$~);
WHYS, on April 13, 1988, the Board adopted a
re~olution, entitled "THIRD SUPPLEMENTAL BOND RESOLUTION
AUThOriZING AND ~ROVIDING FOR TH= ISSUANCE, SALE AND DELIVERY
OF $43,S?2~957.SE AGGREGATE PRINCIPAL AMD%TNT OF WATER AND
ZEWRR R~U~NTJ~ REFUNDING BONDSt SERIES I~A, O~ THE ¢0%~T¥ OF
Cki~ST~RFIELB, VIRGINIA" (hereinafter refaced to as the "Third
~upplemental Bond Re~elut~on"), authorizing th~ issuance of
the County of Chesterfield, Virginia, Water and Sewer Revenue
Bonds, Series 1985 (the "1988 Bonds"); end
WHBP~EASt t~e Board has determined thut it
advisable for the County to authorize the i~e~ano~,
92-394 5/13/92
delivery Of ab issue of Bonds to be issued under and pursuant
to the ~oDd Re~olution in the aggregate principal amount of
Chesterfield, Virginia., Water and Sewer Revenue Refunding
~ods~ series 1992A" (~ere~nsfte~ dafi~d as. the "1992A
~onds"); and
WHEREAS, it is eonta~pla~ed that the proceed~ of the
1992A Bonds, tog=that with other available money~ of the
County, will be ap~li=d to ref~ an~ ~efmase in advance of
their ~tated maturltle~ $2?,~,173.20 aggregate
a~o~ Of th~ 19S~ Bon~s maturing ~n Nov~r 1 in each of the
years 1999 through 2006, both inclusive~ and on Nove~=r I,
2O10 (herelnmf%er defined a~ the "Refunded Bond~" o~ the
intends to enter into an ESO~OW Deposit Agreement, dated
May 1~, 1992 (hereinafter defined a~ the "~sor~w Deposit
Agreement"), by a~d between the County mud Crestar Bank,
Richmond, Virginia, as Esorow Agen%~ and
~AS, on ~eb~a~ 12, 1992, ~e Board adopted a
re~olution, ~ntitled "A ~SOLUTION OF THE ~D OF ~UPERVI~OR$
OF TH~ COUNTY 0F CHEST=RFI=LD, VIRGINIA, APPROVING THE
~P~DING OF T~ COUNTY'S O~ST~DING WATERED
~NDS, SERIES 19SS, ~RING ON NOV~BER 1, 1999 TO 20D6~
INCLUSIVE, ~D ON NOVEMBER 1, 2~10 ~D AUTHORIZING THE COUNTY
~NIST~TOR ~D OTHER CO~TY OFFICIALS TO SEEK THE APPROVAL
OF THE STATE COUNCIL ON LOCAL DEDT WI~ RESPECT TO THE
iSSU~CE OF "R~NDING 80NDe~' FOR SU~ P~SE PU~U~T TO
SECTION lS.I~227.46 OF THE CODE OP VIRGINIA 1950, ~b THE
"GUIDE~ES FQR THE APPROVAL OF RE--DING BONDS BY T~ STATE
COUNCIL ON ~CAL DEBT" A~OPT~Q ~Y THE ~T~TE COUNCIL O~ ~CAL
DEBT THE~DER", approvinq ~e refundin~ of the Refunded 1988
~nd~ in advance of their stated maturities and authorizing
t~e County Administrator and other appropriate offlclaI~
the County to prgsent a plan of refunding to =~e S~a~e Council
on ~oal Debt (the "state Co~oil") and to meek the approval
refundin~ bo~ds p~s~a~t to Section 15.1-227.46 of the Code
Virginia, 1950 (~e "Virginia Code"); aha
~AD, on ~b~ury 19, 19~2, the State Council
adopted a resolution approving the issuance of ~e 1992A
as "re~i~ bonds" pursuant to Section 15.1-227.46 of the
Uirqinia Code; and
~EREAS, it is deeme~ advisable and in the best
interemt of ~e county to delegate to ~e County Administrator
certain powers with resp$ot t~ the ~mle an4 delivery of the
1992A
NOW, THE~PO~, BE IT ~SOLVED BY T~ ~O OF
SUP~ISORS OF T~ COUNT~ OF CKESTERFIELD, VIRGINIA:
kRTICL~ I
SBCTIO~ 1.1, Definitions. Unless the context shall
clearly indicate soma othe~ meaning, all the words and terms
nse~ in thi~ Fif~-h supplemental Bond Resolution which are
defined in Artiole I of the Bond R~selu~ion shall, for the
purposes of this Fifth Supplemental Bond Resolution, have tha
respective meanings given to them in the Bon~ Resolution.
Unless the =ontext shall ol=arly indicate some other
meaning, the felloNing terms shall, for all purpo~e~ of the
Bond Resolution and of any oertiflcate, resolution or other
instrument amendatery thereof or supplemental theret~
(including for all purposes of this Fifth Supplemental Bond
Re~olution) and for all p~rpo~es of any opinion or inmt~u~ent
or other document therein mentioned, have the following
meanings, with the following definitions to be equally
applicable to both the singular and plural forms of suGh terms
and vioe versa:
"Bond Re~olution" ~hall mean th~ resolution adopted
BO~D OF SUPERVISORS 0F THE COUNTY OF CHESTERFIELD,
A~ORIZING THE ISSU~CE OF WATER ~D S~ER ~E ~ONDS OF
~E COWRY OF ~ESTE~IELD, VIRGINIA, A~D PROVIDING FOR
Virginia, a~ ~crow Agent un4er the ~crow Deposit Agreement.
Deposit A~reement, dated am of May 15, 1992, by a~d betwee~
the County and Cr~star ~ank, Richmond, vir~inla, as
"Fifth S~pQlemental Bond Resolution~ shall me~ this
Fifth Supplemental Bon~ Resolution.
"1~92A Bon~s~ shall ~an the Bonds authorized by
~is Fifth Supplemental Bund ReEolutioR a~ issued under the
Bond Resolution and ~is Ylf~ Supplemental Bond R~olution at
any time Out~tan~i~g,
"1956 Code" shall mean the in=ernal Revenue Code of
19S6 and the regulation~ promulgated bF the united State~
Depa~ment of the Treasury thereunder from time to time.
"Refunded Bonds" or "Refunded 19%8 ~onds" shall m~an
~e ~27,558,173.20 aggregate principal a~ount of County
~e~tarf~eld, Virgi~ia, Water and sewer ~ev~ue Bonds, series
1988, maturinq on Nove~er 1, ~999 ~rough ~006, both
iRcl~siv~, and on Boy,er 1, 2010.
"Trustee" shall m~am Signet Trust C~Da~ (fo~erly
Bank of Virginia T~st Company) as Trustee ~der the Bond
Unless the conte~ shall clearly indicate
Supplemental Bond Resolution to th~ Bond Re~olut~on (w~hout
specifying in ~uch referenoe$ any p~icula~ m~icle
section or the B~nd Re~olutlon) Ehsll be to the Bond
nu~er tg this Fif~ suDpl~ntal Bond Resolution to a
to the article or ~ection of that n~er of ~a
Resolution, ~nd if such article or section shall hav~ been
in this Fifth Supplemental Bo~d Resolution to a pa~icular
shall be only to th~ article o~ section of %hat n~er of this
refer to ~ Fifth S~pptum~ntaI Bond Resolution only and to
~is Fifth Supplemental Bond Resolution as a whole an~ not to
~y pa~icular urticle, section or subdivisi~n hereof; and the
word~ "therein", "th~reinbefore", "thereof*~, "thereunder",
o~er words of ~i~ila~ impo~t~ refer to the Bond R~olutio~ a~
a whole an~ no= =o any pa~tioular a~icl~, ~ectlon
s~division thereof.
92-396 5/13/92
ARTICLE II
SECTION B.1. Authorization of Issuance Of 1992A
Bonds. (u) For the purposes of providing funds (i) for the
deposit into the Debt service Reserve Fund held by the Trustee
of the amount specified in Section ~.?(b) Of this Fifth
Supplemental Bond Resolution, and (ii) for the deposit with
amount specified in Section 2.?(0) Of this Fifth Supplemental
Bon~ Resolutlon for application, togethsr with other available
moneys Of the UoUnt~, to refund in advance of their stat'ed
authorized to be issued, and shell be issued, under and
sec=red by the Bond Resolution, including this Fifth
Supplemental Bond Resolution, an i~ue of ~ond~ in the
aggregate principal amount of not to exceed $43,000,000, to be
designated as the "County of Chesterfield, Virginia, Water and
Sewer Reven~e Refunding Bonds~ Series ~99~A" (her~in defined
and referred to as the "1992A Bonds").
(b) The 1992A Bonds maturing on November ~ in the
years 1992 through 2~02~ beth inclusive (=he "currant
Bon~s"), shall be dated ss of May iS, 1992; shall be issued in
fully registered fo~; shall ba in the denoninntien of $5,000
or any integral multiple thereof; and shall he numbered or
lettered, or both, as shall be determined by the Trustee,
which numbers or letters shall have the letter "R" ~rsfi~ed
thereto. The Current Coupon Bonds shall ~ature sad ~eccme due
and payable on ~cvembsr 1 in each of the years 1992 through
2002 and in the principal amounts determined by the County
Administrator, an~ shall bear interest from their date at the
rates per arnaum determined by the County Administrator,
(o) The 1992A Bonds maturing on Novenb~r 1 in the
years 2003 through 2010, both inclusive (the "Capital
Appreciation Bonds"), shall h~ dated a~ of the date of their
of dslivel-y, shell be issued in fully ~egist~re~ form and
shall be numbered er lettered, or both, as shall be determined
by the Trustee~ whlc~h nu~ers 0r letters shall have the Letter
"R~' preferred thereto. The Capital Appreciation Bonds
years 2005 through 2010 and in t_he principal amounts as shall
be determined by the County Administrator, Ehall be of the
minimum denominations and inte~ral multiples thereof and shall
bear interest payable at maturity in the amounts per mini~
denomination a~ shall be determined by the County
Administrator.
[d} Subject to the provisions of Section 2.4
hereof, principal of each 19~2A Bond and interest on eac~l
Capital Appreciation Bond shall be payable to the registered
owner thereof at the prinsiDal office of the Truotae upon
presentation and surrender of the 1992A Bond, and interest on
each Current Coupon Bond shall he paid by the Trustee as
Paying Agent for the 1992A Bonds to the reglatere~
thereo~ as shown on the books of registry maintained by the
Trustee as Registrar ~or thc 1992A Bonds, as Of ~hs fifteenth
(15th) day of the calendar ~onth next preceding each interest
(el Subj eot to the ~roviaiona of $~otion ~. 4
hereof, the 1992A Bonds shall be eXChangeable for other 1992A
Bond~ in fully regis%srsd form, all as provide~ in Se=rich 3.3
of the Bond Resolution. The 19~9A Bonds ~ay contain such
variations, omissions and insertions as are incidental to such
differences in their number~, denominations and forms.
92-397
(f) The Trustee is hereby appointed as the
Registrar and the Paylnq Agent far the 1992A Bonds.
SECTION ~.~. Rccret~d Value for Capital
APPreciation Bonds. The Acoreted Value for each capital
Appreciation Bond shall be the original principal amd%mt of
each Capital Appreciatisn Bond maturing on Novm~ber 1 in each
of the years 200~ through 20%0, both ioclusive, together with
interest thereon oompmunded ~emiannually. The Accreted Value
shall be, as o~ any date cf com~utation, an ~ulount eoB/al to
the sum of th~ principal amount of such capital Appreciation
Bond and the interest accrued on ouch Capital Appr~Gtation
Bond fro~ its dated date to the May 1 or November 1
immediately preceding the date o~ computation or the da~e of
computation if a May i er November 1. Such interest ~hall
accrue at the rate ~er annum based on the yield st which the
Ca~ital Appreciation Bond~ were initially offered to the
public compounded on November 1, 1992 and ssmlannually
thereafter on May I or November i of each year, plus, with
respeo~ to paYment upon redemption of the capital Appreciation
Bonds, if such date of computation shall not be m May i or
New--ar 1, a portion of the difference between the Aecreted
Value as of the i~umedlately preceding ~ay 1 or November i and
the Aocreted Value as of the immediately succeeding May ] or
November 1 calculated ba~d upo~ a~ assuJaptlcm that AcQr~ted
Valne accrues dur~n~ any ~em{annual period in e~lal daily
amo~nt~ OD the basis cf a ~60-day year.
S~CTION 2.3. Redeeution cf 1992A Bonds. The 1992A
Bond~ shall not be subject to redemption prior to their stated
maturities.
SBCTIQN 2.4. =xecutlon and For~ of 1992A Bonds;
Book-Entl~Y-O~lv Svote~. (a} Th~ 199~A B~nds shall be
executed and authenticated in the manner and with the effect
~et forth in Section 3.10 of th~ Bond R~olution.
(b) The ~99~a Bonds shall be issuable in the form,
denominations and maturities and w~th the ~ntoreot rate~ and
redemption provisions specified in Section 2.1 of thi~ Fifth
Supplemental Bond Re~olutlon.
(~) CUSIP identification numbers shall be printed
on the 199~A Bonds, but such numbers shall no= be deemed to be
a part of the 1992A Bond~ c~ a pa~t Of the contract evidenced
thereby and no llsbillty shall hereafter attach tn the County
or any of the effioe~e o~ agents thereof because of or on
aceoun~ of ~uch CUSIP identification numbers.
(d) The 1992A Bonds shall be issued, upon initial
i~uance~ in fully registered form and reqiztered in the name
Yorkt N~w York ("DTC"), a~ rsgistersd owner of the 1992A
Bonds, and immobilized in =he 0ustody of DTG. one fully
regi~ere~ 1992A Bond for the p~ineipal amount of each
maturity shall be registered ~o cede & co. Beneficial owners
of 1992A Band~ ~all ~Ot r~ceive physical delivery of 1992A
BOnd~. Individual purchases uS ~992A Bonds may be made ~n
book-entry form only in principal amounts of $5,000 and
integral multiples t--hereof. Principal, premium, ~f any, and
interest payments on the 1992A Bonds shall be made to DTC or
its nominee as registered owner cZ =uoh 1992A Bondo cn the
applicable puyment date.
Transfers of prlnclpal, premium, if any, and
inter, st payments to the Darticipamts of DTC, which include
securities brokers and dealer~, bank~, tr~st companies,
clearing corDara~i0ns and certain other organlzatAons (the
"Participants") ~hall b~ the re~p0nsibility cf DTC. Transfers
of principal, premium, if any, and interest payments to
beneficial own~r~ of the ~992A Bonds by the Participants is
the responsibility of the Participants and other nominees of
~uch b~na~iclal uwner~. The Trumtee shall notify DTC of any
as supplemented by this Fifth Supplemental Bond Resolutionw
not less than fifteen (i5) calendar da~s prior to ~he date
upon which such notiae is required to be given; provided that
the failure to provide such notice to DTC shall not invslid&te
Transfers of ownership interests in the 1992A Bonds
shall be made by DTC and its Part~clpants, acting as nominees
of the beneficial owners of the 199~A Bolds, i~ accordance
with r~tes specified by OTC and it~ Participants. The Trustee
~akee ~0 assurances that DTC, its Participants er ot~er
(el Replacement 199~A Bonds (the "Replace~emt 199~A
Bends") shall be issued directly to beneficial owners of 1992A
(ii DTC datermlnes not to continue to
securities depository for the 1992A Bonds; or
(ii} The Trustee has advised DTC of it~
d~tie~; or
(iii) The Trustee has determined that it is in
Bondm not to continue the book-entry syste~ of transSsr.
Upon occurren~ Of the events described in clause (i) or
~ea~rities d~pesitory. ~f the Trustee fails to locate another
qualified ~ecuri=ies depository to repluce DTC, the Trustee
shall execute and deliver Replacemenh 1992A Bonds
stt~stantially in the appropriate forms set forth in Exhibit A
and Exhibit B attached hereto %o the Pmrticipants. In the
event the Trustee ~ake~ the determination noted i~ Ola~$e (ii)
cr (iii) above (the Truste~ undertakes no obligation to make
any investigation to determine the ooourr~nc~ of any events
that would permit Lhe Trustee tn make any ~uch determination]
and ham made provisions to notify ~hs beneficial owners of
1992A Bends by mailing an appropriate notice to DTC, the
Trustee shall execute a~ d~liver Replacement I~gZA ~onds
s~bstamti=lly in the appropriate forms set forth in Exhibit A
and ~xhibit B ~t~ached hereto to any Participants making a
be entitled to rely on th~ ree0rd$ provided by DTC as to the
Participants entitled to receive Replacement
Prlnc~pal of a~d premium, if any, and interest on the
Replacement 1992A Bonds shall ~e payable as provided in
be transferable and exchangeable in accordance with Sections
3.3 through 3.6, inclusive, of th~ Bomd R~solution.
SECTION ~.5. Approval of Form of Escrow
Aureemen~ an~ Tsrms~ Conditlen~ and P~ovi~ions Thereof;
~pp~intment...pf Esorow Auent; Authorization of
for gLGS; nesiqnation of Refunded Bonds for Redemption. (a)
filed with the minutes 0£ ~h~ meeting o~ the Bo~rd at which
this Fift~ $~pplemental Bond Resolution i~ being adopted, a
copy of the £or~ of which is a~taohed to this Fifth
Supplemental Bond Resolution a~ ~xhibit C, and the terms,
5/13/92
conditions and provisions thereof, ars hereby approved,
ratified and confirmed by the Board, and the
Administrator end the Deputy County Ad~i~istzatOr, or either
of them, is hereby authorized and directed to execute and
deliver to the Escrow Agent the Escrow Deposit Agreement in
such fo~, together with suet changes as shall be approved by
the County Administrator and the Deputy County Administrator,
or either of them, upon the advice of counsel (includinq the
Connty Attorney and Bond Counsel}, such a~reval ta be
conclusively evidenced by their execution thereof. Th~
Trustee is hereby authorized an~ directed to withdraw fram the
Debt Service Fund and the Debt Service Re~r~= Fund and to
transfer to %he Escrow 'Agent for deposit into =he
Deposit Fund the amounts required to be deposited therein from
sources other than prooeed~ of the 199~A ~onds.
(b) T~e appointment of Crestar Bank as Escrow Agent
~nde~ the Escrow Depomit Trust Agreement is hereby approved,
ratified and confirmed by the Beard.
(c) T~e County Administrator and the Deputy County
Administrator, or either of them, are hereby authorized to
s~ecute, on behalf of the County~ s~b~ariptiobs fop U~ited
States Treasury Obligations State and Local Government
series~ if suc~% are to be p~rehased by the Emcrow Agent from
moneys deposited in the 1§9~A Escrow Deposit Pund oree~e4 and
established under the Escrow Deposit Agreement. Any United
States Trpasury 0bliqations purchased from aoneys depasitsd in
t~e 1992A Escrow Deposit Fund shell be held by the Escrow
Agent under and in accordance with the provisions of ~he
Escrow Deposit Agreement. The Co~nhy A~anlnistrator and the
Deputy County Administrator, or either of %hem, are hereby
authorized to execute, on behalf of the C0~ty, the
instrtt~ents ~equire~ to be exe=uted on behalf of the County in
connection with the other investments contemplated by the
Escrow DeCo,it Agreement.
(d) Tbs Board hereby dee~gnetss the Refunded 1988
Bonds for red~ptioB O~ November 1, 199~ in accordance with
the provisions of section 8(b) cf the Escrow Deposit
Agreement.
$~CTI0~ 2.6. Offlclal Statement; Certificate
Conce~n~mc~_~fficial Statement; Ratification; ~ale of
Bonds. (a) The Chairman of the Board of SuDerv{sere and the
Ccnnty Administrator are hereby authorized and directed to
execute and d~liver to the purahaeers of the 1992A Bonds an
official Statement of the County, relating to the 199RA Bonds
(the "O~£icial Statement"), in su3ostantially the form sf the
Preliminary official Statement, presented to the ~eeting of
the ~card ab which this Fifth Supplemental Bond Reselut~on is
beinq adopted, after the sum~ has been completed by the
insertion af the maturities, interest rates~ and other details
of the 199~A Bonds and by makin~ such other insertions,
uhanges or corrections as the Chairman o~ the Board cf
Supervisors and the County A~m~nistrator~ base~ On ~he advice
of the County's £inanolsl advisors and legal counsel
(including the County Attorney or Bond Counsel), deem
necessary Or appropriate; and the Board hereby authorizes the
Official Statement and the information contained there~n to be
USed by the ~urchasers ~n connection with the sale of the
199~A Bonds. ~e Prellmlnery offioial statement is "deemed
final" ~or D~rDoees of Rule I5c~-12 promulgated by the
Ssc~arities and E~change co~i~si0n pursuant to the
Exchange Act of 193~. The County Administrator, the Director
Of Accounting and the County Attorney are hereby authorized
and d~reoted te execute on bellalf of t/~e Co~nty end delive~ to
said purchaser certificates in substantially the farm referred
to in =he Official statement unde~ the ca~tion "Certificates
Concerning Official Statement".
92-400 5/13/92
(b) The County Administrator, th~ Deputy County
Administrator and other officers and employees of the Co~nty
are hereby authorized to ~ause to be publi~h~d the Sumumary
Not~e~ of Sale of the 1992A Bends in The Bond Buyer on a date
selected by the Cou.nty Administrator, and to be prepared and
distributed Tdhe Preliminary official statement, the Detailed
Notice of Sale and the Official Proposal Farm relating to the
1992A Bonder and the te~me, condition and provisions thereof
a~ filed with the minutes Of the meeting at which this
resolution is beinq adopted, are hereby approved, ratified and
confirmed by the Board. All actions and prooe~d~ng~
heretofore taken by the Board, the County Administrator, the
Deputy County Administrator and ~he other officers, enployees~
a~ents and attorneys of the County in connectio~ with the
i~euanee and ~ale of the 199~A Bonds, are hereby ratified and
confirmed.
(c) The 199~A Bonds shall be meld at public sale on
a date to be selected by the County Administrator. The County
Administrator is hereby a~thori~ed to award the 199~A Bonds to
the best b~ddar therefor. The C~rrent Coupon Bonds shall be
sold at the price of not les~ than ~% of the principal amount
thereof~ plum accrued i~tereet thereon from t~eir date to the
da~e of delivery of the 1992A ~onds. The 1~92A Sonde shall be
~old at an effective interest rate of net more than 7%. The
award shall be mede on tho baals set forth in the Detailed
Notice of Sale.
SECTION 2.7. Application of ~roceed~ O~ 1992A
BO~S. Th~ prec~ed~ cf sale of ~he 1992A Bonds received by
the County shall be applied ~s follows:
(a) an amount equal to the a=crumd int~r~t OR the
1992A Bonds Srom their ~ata =o th~ date of the delivery
thereof and payment therefor shall be deposited with the
T=Ustee in the Debt Service Fund in accordance with the
provisions of the Bond Resolution and applied on November
1, 199~ to the payment of the interest payable on the
1992A Bonds on such date;
(b) an amount, less other available moneys ~n the
Debt Service Rs~e~ve F~d, eqUal to tl~e Debt Service
R~rve Requirement for the 1992A Bende ehall ~e
deposited with the Tin/stem in the Debt Se~ice Re~erve
Fund in accordance with the Drevision~ of the Bond
ResolRti0~ and section 2.11 Of this Fifth Supplemental
Bend Resolution;
(¢) the amount required to be deposlt~d in~e the
Eecrow Deposit Fund to provide for the refunding in
advance of their eta~ed maturltle~ and defeasance of the
Refunded 1Mss Bonds shall be depoMit~ with the Escrow
Agent under the ~scruw De~oslt Agreement and applied~
to~eth~r with other available money= of the County so
(d) the balance of the p~oceedm of th~ 199~A Bonds
shall he deposited with the Treasurer o~ ~e Geun~y and
applied to the palrment of the costs of i~suance of the
S~CTI0~ 2.~. Investment of Funds and A¢connt~ Under
Bond Reeolut~on. In accordance with Section §.11(c)(i} of th~
~on~ Resolution, it is hereby provided that all income or
suffered by a Fund or Account held by the T~tee or the
Bonds due to the inYe~tment thereof shall Be dsgosited into
the Construction Fund for credit to th~ Construction Account
thsreln u~ to the date the Certificate referred to in section
4.3[h) of the Bond Re~otution ~hall be delivered with regard
92-401 5/13/92
to the 1985 Expansion, and (ii) thereafter shall De deposited
into the Rebate Fund to the extant requi~ed to enable the
County to comply with the arbitrage rebate requirements cf the
1986 Code a~d, after any such deposit into the Rebate Fund,
into the Revenue Fund as Revenues of the System.
SECTION 2.9. Conditions Precedent to Dellver~ of
1992A Bonds. In compliance with the conditions precedent tn
the delivery cf the 1992A Bonds prescribed in Sections 2.4 and
2.5 of the Bond Resolutlon, the 1991A Bonds shall be delivered
only upon receipt by the Trustee of:
(1} a copy of this Fifth Supplemental Bond
Resolution authorizing the 1992A Bonds, certified by the clerk
of the Board cf Supa~viao,r~ or an Authorized Officer of the
County, by which or pursuant to which the terms of the 1992A
Bonds are specified~ which Fifth Supplemental Bond Resolution
contain~ findings and determinations of the Board that no
default ex~t~ in the payment of th= principal of or interest
and pr~mlum, if any, on any Bond, and that all me.da=cry
redemptions, if any, of Bonds required to have been made under
tho terms the Bond Resolution or any supplemental Resolution
shall have been made;
(~) a Bond Coun~lq~ Opinion to the effect that (i)
this Fifth Supplenental Bond Resolution ha~ been duly and
lawfully adopted and is in f~ll force and effect; (ii) the
Bond Resolution has been duly and lawfully adopted by the
County a~d i$ valid and binding upon, and enforceable against,
the County (except to the extent that the enforceability
thereof may be subject to judicial dleorstion, to th~ exercise
of the sovereign police powers of the Commonwealth of virginia
and the constitutional powers o£ the United States of America
and to valid bankruptcy, insolvency, reorganization,
moratorium and other laws affecting the relief of debtors);
(iii] the Bond Resolution creates the valid pledge which it
purports to create of the Revenues and of moneys and
securities on deposi~ in any of the ~klnds established
hereunder subject to the application thereof to the purpome~
and on the conditions permitted by the Bond Resolution; and
(iv) upon the e×eoution and delivery thereof, the 199ZA Bonds
will have been duly and validly anthorized and issued in
accordance with the Bond Resolution;
($) a written order as to the delivery of t~e 1992A
Bonds and the application of the 1882A Bond proceeds, signed
by an Authorized officer of the County;
(&) a Certificate of the Director of Budget that
th~ 1992A Bonds are issued in compliance with the Dro¥isions
of Section 7.11(c) of the Bond Re,diction, which Certificate
shall be accompanied by an Accountant's certificate confil~min~
the calculations ~t f0~th i~ such Certificate of the Director
of Budget with re.pest %o the a/~oun%s of Revenuss~ operatin~
Exp~nsea~ Debt Se~ViOe and Debt Se~vieo/Additional Bond~; and
(5) in ~atisfaotion of tho requirements of Section
~-5 cf the Bond Resolution, an sxecute~ original oS t~e Escrow
Deposit Agreement, which contains instructions a~ to the
payment of redemption of the Refunded Bonds, together with
instruct~on~ a~ to the giving cf notice of redemption of the
~efunded Bonds.
SECTION 2.10. Covenant a~ to Compliance with 1986
Code. The County hereby covenants and aqr~ to ~omply with
th~ provisions of sections 103 and 141-15o of the 1986 Code
applicable to the 199~A Bond~ throughout the term of th~ ~992A
Bonds.
SECTION 2.11. Crestion o,f___l~,92A Debt SeT, ice
Reserve Account in ~bt ~r~ioe Reserve Fund: Amendment of
5/13/92
When lgS5A and lgSSB Bonds Are Nc Longer 0utstandin~.
Reserve FU~d held by the TrUstee sm account designated as the
'~1992A Debt Service Reserve Account". ~rem ~he proceeds of
the 1992A Bonds required to be deposited into the Debt Service
R~e~e Fun~ 9ur~uant . tu Section 2.7(b) hereof and oth~r
available moneys in the Debt So--ice Rese~e Fund, there
be uredlt~d ~o the 1992A Debt S~ice Re=m~ ACCOSt an
amount e~al to the Debt Se~ic~ Rese~e Rm~irement for
1992A Bond~. T~ 199~A D~b% 8e~ioe Rese~e Account ~all be
available only to pay D~t Se~ice o~ th~ ~99=A Bonds.
the first sentence of ~ definition of ~e %e~ "Debt
Rese~e Retirement" in the Bond Resolution is hereby amended
~uch that, with r~pect to any Series of Bun~s which bear
interest at ~ fixed rate, the Debt So--ice Rese~e R~irement
~hall mean an amount e~al to the les~e: of (1) ten ~ercent
(10%) of the proceeds of such Series of Bonds, and (ii) the
~ximum amount payabl~ in any ourren~ or future Fiscal Year
AIkTICLE III
MISCELLANEOUS
$~CTIO~ 3.1. Fifth Supplemental Bond Resolution
a "SuDmlem~ntal Re~olution" Under the Bond Rssslution~ 1992A
~onds Are "~on~s" Under the Bond Resolution. (a) This Fifth
Supplemental Bond Resolutlon i~ adopted pursuant to sections
2.4 and 2.5 an~ A~tfole VIII of the send Resolution. This
Fifth Supplemental Bond Resolution (1) supplements the Bond
Resolution; (2] is hereby found, detel'mi~ed and declared to
constitute and to be a "$~pple~ntal ~solutlon" within the
moaning of the quoted words as defined and used in the Bond
Resolution; and (~) is adopted pursuant to and under
authority Of the Bond Resolution.
(b) The 1992A Bonds are hereby found, determined
and declared to constitute and ts bn "Bonds" within the
meaning of the ~loted we~ds as defined and u=ed i~ the Bond
Resolution. The 1992A Bond~ shall be entitled to the
benefits, ~ecurity and protection of the Bund Resolution,
equally and proportionately with any other ~onds heretofore
hereafter ~eeued thereunder; shall be payable from the
~ev~nues on a parity with all Bonds heretofore Or hereafter
issued under the Bond Resolution; shall rank parl passe with
all ~ends heretofore or hereafter issued under the Bond
Resolution; end shall be equally and ratably secured with all
BOBdS heretofore or hereafter issued under the Bomd Resolution
by a prior and paramount lien and charge on thc
without priority er distinctio~ by r~ason of series, number,
date, date of sale, date of issuance, date of ~xecutlon and
authentication or date of d~livery; all as ~s more fully set
forth in the Bond Resolution. It i~ hsreby further found,
detel~ined a~d declared that no default exists in the payment
of the prlnciDal of or interest and premium, if any, Oh any
BOnd iSsUed under the Bond Re~oluticn and that all mandatory
redemptions, if any, oS ~ond~ required tn have been made under
the terms of the Bond Resolution or any ~plemental
Resolution have been
SECTION 3.~. Filin~ of this Fifth SuDulemental Bon~
Re~olution ~ith Circuit Court. The County Attorney be and
hereby is authorized and directed to file a c~py of thi~ Fifth
Supplemental Fond Resolution, eer~i£ied by the Clerk of
Bcar~ to De a true and correct copy thereof, with the Circuit
Court of the County of Chesterfield, Virginia.
511~/92
92-403
.............. --- ...................... J .............. L L ....................
SECTION 3.3. Effect o£ Article and Section ~eadinqs
and Te~]n o~ 0cn~ento. The headings or titles of articlao and
sections hereof, and any table of contents appended hereto or
copies hereof~ shall be £or convenience of reference only and
shall not affect the meaning er oon~tru~tion, interpretation
or effect of this Fifth SuDpl~d~ental Bond Resolution.
S~CTION 3.4. Effectiveness of This Fifth
.~pDl~men~al Bond Resolution. Fifth Supplemestal ~ond
R~solutien shall he effective from and after the adoption
h~reof by the Board.
EZ/{IBIT A
FORM OF CURRENT COUPON BOND
REGISTERED
No.
INTEREST RATE:
U~IT=D STATES OF AMERICA
CO~0NWEALTH OP VIRGINIA
COUNTY OF CHESTERFIELD
WATER AND SEWER REV~N13E REFUNDI~ BOND,
SERIES 1992A
REGISTERED
$
MATURITY DATE: DATE OF ~OND: CUSIP NO.:
%
REGISTERED HOLDER:
PRINCIPAL SUM:
166409
The County of Chasterfiel~ {her~nafter referred to
as the "County"), a political subdivision of the Commonwealth
of Vir~inla, for value received, hereby acknowledge0 i=self
indebted and hereby promi~e~ to pay to th~
(named above), or registered assigns~ but solely from the
Revenues and moneys pledged to the payment hereof hereinafter
apeeifla4 and nat otherwise, on the Maturity Date (specified
redemption and payment of the redemption p~ice shall have been
duly made or provided for, the Principal Sum (specified
above), and to ~ay interest on such Principal Su~, but solely
from such Revenues end moneys pledged to the payment hereaf
hereinafter spot,fled and not otherwise, on the first day of
November, 1992 and semiannually on the first day of May and
the f~rst day of November of each year thereafter (eac~ such
date i~ hereinafter referred to as an "in%eras= payment
date"), from the da=e hereof or from t~e interest payment date
n~xt preceding the date of authentication hereo~ te which
interest shall have been Daid, ~le~ ~uch dat~ of
authent~cat±on i~ an interest payment date, in which casa from
such interest payment date, or unless such date of
authentlcat~on i~ within th~ period from the sixteenth (16th)
day ts the last day of the calendar ~o~th aext pr~cedin~ the
following ~ntereSt payment date, in which case from such
following interest payment date, s~¢h interest to be paid
until the maturity or redemption hereo£ at ~he Interest Rate
(epae~f~ed above) per annu~, by check or draft mailed by the
Rsgist:ar hereinafter mentioned to the Raqi~tered Holder in
whose S~uue thim Bond is registered upon the bookm cf registry
of tho County keDt by the Registrar as of the close of
bus,ness on the fifteenth (1Bth) day (wh~ther or
b~$iness day) of t~e calendar month next preceding each
9~-404 ]/13/92
interest payment date at the addrsss of the Registered Molder
hereof as it appears on such books e£ registry.
The prlnoiDal of and premium, if anyr cn this Bond
are payable on presentation and surrender hereof at the
principal office of signet Trust Company, ae Registrar, in the
City cf Rich~end, Virginia. Both principal of and premium, if
any, and interest on this Bend are payable in such coin or
currency of the United ~tat~s Of America as at the rea~setlve
dates of payment thereof is leqal tender for p~bli¢ and
private debts,
This Bond is one of a duly authorized Series of
Bonds (herein referred to as the "Bond~") of the aggregate
principal amount ~f Dollars
) of like duce, denomination and tenor herewith
except ~or ~u~er, interest rate, msturlty and redemption
provisions, and is issued under and pursuant to and in full
compliance with the Constitution and statutes of the
Commonwealth of Virginia, including Chapter 5~I of Title 15.1
of the Cede ef ~frqinia, 1950 (ths sa~e being the Public
Finance Act of 1991), a resolutisn duly adopted on July 24,
1985 by the Board of supervi~or~ of the County, entitled
"RESOLUTION OF THE BOARD OF SUPERVISORS OF TN~ COU~T¥ 0~
CHESTERFI~LD~ VIRGINIA~ AUTHORIZING THE I~SUANCE OF WATER AND
SEWER ~EVENUE BO~D$ OF THB COUNTY OF CHESTeRfieLD, VIRGINXA,
AND PROVIDING FOR THE SECURITY OF TEE HOLDERS T~EREOF" nnd a
resolution duly adoDted by such Board on May 13, 1992,
entitled "FIFTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND
PROVIDIN~ FOR ?ME IZSUA~C~, SALE AND DE~IVEKY OF NOT TO EXCEED
$43,008~0~ AGGPd~GATE PRINCIPAL ~OUNT OF WATER ~d~D ~R
R~V~NUE REfUNDinG ~ONDS, SERIES 1992A, OF ~ COUNTY OF
CHESTERFIELD, VIRGINIA AND DELEGATING TO TKE COUNTY
ADMINISTRATOR C~RTAIN POURERS WITH RESPECT THERETO" (such
resolutions being her~in referred to collectively as the "Bead
Resolution").
The Bonds are issued to finance the costs of
refunding a portion of the Water and ~ewer Revenue ~efundlng
Bon~s, Series 1988, of the County, in advance of their stated
maturities. Of the Bond~ of the $~ries of which this Bond is
one $ principal amount maturing on November 1, 1992
through ~00~, both inclusive, are eurr~nt coupon bonds (the
"Current Coupon Bends") bearing interest payable on November
1, 1992 and semiannually thereafter at the rates of interest
per annum ~tat~d therein, and $ principal amount
maturing on November 1, 2003 through 2010 ar~ capital
appreciation bonds (the "capitol Appreciation Bonds") b.aring
i~tarest csmpouaded on November 1, 199~ and semiannually
thereafter and payable at maturity. The Bonds an~ the
interest thereon are payable solely from, and secured equally
and ratably with other bonds which may have heretofore been
issued or may hereafter ~e issued on a parity therewith under
the Bond Resolution outstanding from time to time solely by a
lisa and charge on, the Revenues (as dsf~nsd in the Bond
Resolution) derived from the operation of the County's water
and sewer ~ystem (the "system"), snbje0t to the prior payment
from such Revenues of the Operating Expenmun of th~ system,
and from moneym hold in the funds and a~connt~ created and
establlshed under the ~ond Resolution pledged ts the pa~rment
thereof. The Bond Resolution p~evides that the bonds issued
thereunder ~hall not be deemed to constitute full faith and
credit general obligatio~ of the County for which there is a
right to compel the exercise of the ad valorem taxing power of
the County.
Reference is hereby made to the B0~d Resolution, to
~11 of the ~ro¥isions o~ which any Registered ~elder Of t/lis
Bend by his acceptance hereof hsreby assents, for. deflnitlon~
of ter~s; the d~$eriptlon of and the nature and extent of the
security, for the bonds issued under the Bond .Resolution,
92-4~5 5/!3/92
including thus Bond; the description e~ the System; the
d~c~iDtion of the Revalues and the moneys held in the funds
and accounts created and established under the Bond Resolution
pledged to the palrment of the interest on and principal of the
bo~ds issued u~der the Bond Resctutlon, including this Bond;
the covenants of the County es to the fi~ing, establishing,
maintaining and revising of rates and charges for the
the covenants of the County as to the collection, deposit and
applioation of the Revenues of the system: the conditions upon
which other bonds may hereafter be issued under the Bond
Resolution payable on a parity with this Bond from the
aa~eaues c~ the System and s~ually and ratably secured
herewith; the right~, duties and obligations of the County;
the provisions discharging the Bsn~ Resolution as to this Bond
and the lien and pledg~ of this Bond on the Revenues of the
System if there shall have been de~osltsd in accedence with
the provisions of the Bond Resolution on or before the
maturity or redemption hereof moneys sufficient to Day the
principal hereof and the interest hereon to the maturity or
redemption date hereof, or certain specified ~eeurities
maturing at such times and in such amount~ which, together
with the earnings thereon, would be sufficient for such
payment, or a seminaries of both s~ch ~cn~ys and securities;
and for the ethe~ term~ and provi~ien~ of the Bond Resolution.
The Bonds of the series of which thi~ B~nd is one
are not subject to redemption prior to their stated
maturities.
Snhj~et to the ii~itations and upon payment of the
charges, if any, provided in the p~oeeedings authorizing the
Bo~ds of the series of which this Bond is on~ this Bond may
be exchanged at the principal allies of the Registrar for a
like aggregate prlncipal amount of Bo~ds of other
principal amounts and of the ~sriss of which this Bond i~ one.
This ~ond is transferable by the Registered Kolder hereof, in
person cr by his attorney d~ly authorized in writing, at the
principal office of the Registrar but only in the manner,
s~bjeot to the limitations and upon payment of the oha~ges, if
any, provided in the proceedings authorizing the Bonds of the
Beries of which thus Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bon~ er
Bo~ds Of a~thorized denominations and of the same aggregate
he issued tO the transferee in exchange horsier.
This Bond shall not be valid or obligatory unless
the certificate of suthentissticn hereon s~all nave
~a~ually si~ned by an authorized signator of the Registrar.
It i~ hereby Certified, recited and d~alared that
all acts, conditions and things required ts have happened, to
exist a~d to have been p~rforned precedent to and in the
issuance of this Bond and the Beries of which it is o~e, ~ave
happened, do exist and have been performed in regular and due
time, Ssrm and manner as required b~ law, and that the Bonds
of the s~ries of which this Bond ~s one do not exceed any
constitutional or ~tatut01~; limitation of indebtedness.
IN WITNESS WHEREOF, the County, by its Board of
Supervisors, has caused thi~ Bond to be signed by the chairman
and the Clerk of such Board, by their manual o~ facsimile
signatures, and the corporate seal of the county to he
impresse~ or imprinted hereon, and this Bend to be dated the
fifteenth (15th) day of ~ay,
[Facsimile of Meal of the County]
92-405 5/13/92
[Facmimile Signature of Clerk [Facsimile Signature of
Chairman of the ~ourd of of the Board of Sup~visor~]
Clerk cf the Board of chairman o~ the Board of
Supervisors Supervisorm
(FO~2( OF CERTIFICATE OF AUT~E~T~CAT~ON)
This Bond is One of the Bonds dellvered pursuant ~to the
wi=hin-mestione~ proceedings.
SIGNET TRUST COMPANY, REGISTRAR
Authorize~ Signature
Dated:
(~OR~ OF ASSIGNMENT)
ASSIGN~NT
For value recsived~ =he undersigned hereb~ selI(s)~
a~mign(s) and transfer(s) unto
(Please print or type name and address, including
code, of transferee)
PLEASE IN~RT $0¢IAL $=CU~ITY
OR OTHER TAX IDENTIFYING NUMBER
zip
the within Bond and all right~ thereunder, an~ hereby
irrevo=able constitutes and appoints
attorney, tO transfer
such ~ond on the books kept for the reg~stratxen thereof, ~ith
full p~e~ of substitution in the premises.
Dated:
sig~ature(~) Gusrantesd
NOTICE: Eignature(s) mu~t be
g~aranteed by a member fiz~m of
Th~ N~w York Stuck ~x=hangs,
Ino. or a co~me~oial bank cr
(Signature(s) of Registered
~older)
NOTIC~: The s~gnatur~s)
above mu~t corre~po~ Wi~h
the name Of the Registered
Holder as it appears o~ the
fron= of this Bond in every
particular, without
alteration o~ enlargement or
any change whatsoever.
92-407
EXHIBIT B
OF CAPITAL APt~R~CIATION BOND
INTEREST ON T~IS BOND ID PAYABL~
ONLY AT MATURITY
UNITED STATES OF A~ERICA
COMMONW~ALT~ 0F ~IRGI~IA
COUNTY OF C~ST~FIELD
WAT~D SE$~R RE~ ~DING BOND,
R~¢ISTZR~B
MINIM~r~
BOND DATE:
MATURITY DATE:
R~GIST~R~D HOLDER:
PRINCIPAL ~UM:
The County of Chesterfield
D~NOMI~ATION:
R~GISTE~%ED
~CU$IP:
166409
(hereinafter re£erred to
as the "County"), a political subdivision of the Commonwealth
of Virginia, for value received, hereby acknowledges itself
(named above), or registered assigns, but solely from the
Revenues and moneys pledged to the payment hereof her=inafter
specified and not otherwise, on the Maturity Date (specified
above} unle~ this Bond stall have teen called for previous
redemption and payment of the redemption price shall have been
duly ~ade o~ provided for, the Principal Sll~ (~pecified above)
and the interest payable thereon, computed am provided in the
Eond Resolution hereinafter referred to. If this ~nd is
ieaued in 'a Pr~nelpal sum m~ual to the minin~ denomination
pe~itt~d by the Bond R~molution (am defin$~ h~reinaft~), th~
in~er~s% payable at maturity is the difference between Five
Thousand bollar~ ($5,0¢0) and such ~rincipal Mum. xf ~i~
Bond i~ issued ~n a Principal ~o~t that i~ ~n int=gr~l
multipl~ o~ ~ minim~ denomination ~e~iCted by ~e Bon~
Resolution, ~e interest shall be the same info.al multiple
Ail interest on this Bond is payable only at
maturity. The principal of and premium, if any, and interest
on thi~ Bond are payable on presentation and su~endeM he=eof
st the. principal office of Signet Trust ~ompany, as Registrar,
in t~e Oity of Ric~mond~ irginia. BOtH principal of and
prem£=m, iS any, am~ interest on this Bond are payable in such
coin er currency of the United st~t~s of America as ut the
and private debts.
This Bond is one of u duly authorized Series of Bond
(herein referred to as the "Bon~s") of the aggregate principal
amount of ($ )
of like da~e, denomination and tenor hermwith a~oept for
number, interest rate, maturity and redemption provisions, and
is i~=ued under an~ pursuant to and in full compliance with
the COnstitution and statutes of the Commonwealth of Virginia,
including Chapter E of Title 15.1 of tl~o Code of virginia
1950, as emended (the ea~e being the Public Finance Act), a
resol~ti0n duly adopted on July 24, 1985 by the Board of
Supervisors of the County, entitled "R~OLUTION OF THE BOAR0
92-408 ~/13/92
OF SUPERVISORS OF TRE COUNTY OF CHESTERFIELD, 'VIRgIN%A,
~UTHORIZ~ T~E ~UA/~C~ OF WATER AND EEWER REVENUE ~ONDB OF
S~CURITY OF T~iE ~OI~ER$ THEREOF" and a resolution duly adopted
by SUCh Scald on Muy 13, 1992, entitled "FIF~ SUPPLIgME~TAL
BOND RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE,
SAL~ AND DELIVERY OF NOT TO EXCBED $43,000,000 A~PdgCATE
collectively as the "Bond Resolution").
of which this Bond i~ on~ $ ~rlnolpal amount maturing
¢o~po~ bond~ (the "Current coupon Bonds") hearing interest
payable on November 1, 19~2 and semiannually thereafter at the
ra~es of interest per annum stated thereln~ and $
capital appreclat~sn bonds (the "Capital Appreciation Bonds")
s~m~annuaily thereafter and payable at maturity. The Bonds
bess issued or may hereafter he issued on a parity therewith
by a lien and charge on, th~ Reve~e$ (a~ d~flned in ~he Bond
and ~ewer ~y~te~ (the "System"), subject ts the'prior payment
from such Revenueo of the Operating Expenses of the System,
eotablished under the Bond Resolution pledged to the payment
thereof. The Bon~ Resolution pro¥i~es that the bonds issued
credit general Obligations of ~he County for w~ich there is a
right to compel the exercise of the ad valorem taxing power of
the county.
Reference ~s h~rehy made ts the Bond Resolution, to
all of the provisions of which any Registered Holder of
Bond by his acceptance hereof hereby a~sent$, for definition~
of terms; the description of and the nature and extent s~ the
security for the hondo issued mnder the Bo~d R~solution,
including this Bond: the description of the System; tho
deocrlption of the Revenues and the moneys held in the
and accounts created and established under ~he Bond Resolution
pledged to the payment of the interest on and principal of the
bonds immued under th~ Bond Resolution, includin~ thi~ Bond;
the coveDant~ 0£ tho County az to the ~ixlng~ establishing,
applloation of the Ravenue~ of the system; ~he conditions upon
Resolution payable on s parity with this B~nd from the
herewi~l%; the rights, duties and obligations of the County;
the provisions di~mharging the Bond Resolution as to this Bsn~
an~ the lien and pledge of thi~ Bond on the Revenues of the
System if there ~hall have been ~eposited in ac¢ordsncs with
the provisions of the Bond Resolution on oD before the
~aturity or redemption hereof moneys sufficient to pay
~rlno~paI hereof and the interest h~eon to bhe maturity or
~aturing at such times and in ~uch amount~ which, together
with the earnings thereon, would be sufficient for ouch
92-409 5/13/92
payment, or a combination of both such moneys and securities;
and for the o~he~ ~ms and provisions of the Bond Resolution.
. The Bonds of the ~eri~s of whiQh this Bond i$ one
are not subject to redemption prior to their stated
maturities.
Subject to the Iimita:ions and upon paymen~ of the
charges, if any, provided in the proceedings authorizing the
Bonds of the Serle~ of which this Bond i$ oho, this ~ond may
he exchanged at the principal office of the Registrar for a
like aggregate principal amount of ~onds of other au=horized
principal amounts and of tbs series of which this Bond is one.
Thio Bond is transferable by the Registered Holder hereo~, in
person or by his attorney duly authorized in writing, at the
principal office of the Registrar but only in the manner,
subject to th~ llmltatlon~ and upon payment Of the charges, if
any, ~rovi~ed in the proceedings authorizing the Bonds of the
series of which this Bond is one, and upon th ~urrender hereof
for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the ~ame aggregate principal
amount of the seriss of which this Bond is one will he issued
to the transferee ~n exchang~ h~refor.
the certlflcats of authentication he,eon shall have been
manually nighed by a~ a~thorized signator of the Registrar.
I~ is hereby certified, recited and declared that
all acts, conditions and thinqo required to have happened, to
exist and to have been performed precedent to and in the
issuance of thim Bond and t~e s~i~ of which it is one do
exi~, have happened and have been performed in regular and
due time, fo~m and manner as required by law~ and that th~
Bonds of the Series of which this Bond is cna do not exceed
any constitutional or ~tatuto~y limitation of indebtednos~.
IN WITNESS WHBP~OF, the County, by its Board of
Superviscrm, has caused this Bond to bo sig~ed by the Chai~an
and the Clerk of such Board, by their man,al or facsimile
signatures, and the corporate seal of the county to be
i~pre~d or imprintod hereon, and thio Bond to be dated ac of
the day of June, 1992.
clerk o~ the Board of
Supervisors
Chairman of.the Board of
(FORM OF CERTIFICATE dP AUT~TICATION)
Certificate of Authentication
Thi~ Bond is one of the Bonds delivered pursuant to
the within-mentioned ~receedin~s.
Authorized si~ature
Dated:
(FOR~ OF ASSIGNMENT)
ASSIGNMENT
9~-410 ~/13/92
For value received, the undersigned hereby
assign(s) and transfer(s) unto
(Please Drint or type name and address,
including po~tal zip code, of transferee)
PLEASE INSERT SOCIAL ~CURIT¥
~he within Bond and all rights thereunder, and hereby
irrevocable constitutes and appoints
, attoraey, to
thereof, with full power of ~ubstltution in the ~remises.
Dated:
signature(s) Guaranteed
~OTIC=: Signature(s) must be
guaranteed by a ~ember firm of
The New York Stock Exchange,
Inc. or a commercial bank or
trust Gompa~y.
(Signature(s} cf Registered
Holder)
NOTICE: The signature(e)
the na~e of the Registered
~ront ~$ ~his Bond in every
particular, without
EXHIBIT C
ESCROW DEPOSIT AGREEMENT
Thi~ ~serow Deposit Agreement, dated as of ~ay 15,
1992 (th~ "Agreement")~ by and between the County of
Chesterfield, Virginia (the "County"), and Crestar Bank,
Richmond, Vlrgln~a~ aa E~crow A~ent (the "E~e~OW Agent"},
W I TNB S SETH:
W~R~A~, the county has heretofore i~s~ed
$ aggregate principal a~ount of its County of
chesterfield, virginia, Wa%er ao~ Sewer Revenue Refunding
Boa~, Series 1988 (the "1988 Bonds")~ and
WREREAB, concurrently with the execution hereof, the
County is issuing $. principal amount of ~t~ county
of Chesterfield, Virginia, Water and SewerReven~e ~efunding
~onds, serie~ 199~A (th~ "199~A Bonds")~ the proceed~ of
Which, to~ether ~ith oth~r available ~oneys, will be use~,' for
%h~ pu~o~e of r~f~nding in advance of thalr stated ~turities
th~ 1988 ~ndm maturing on Nove~er 1, 1999 through Nove~r
~lly d~cribed in Exhibit I hereto, which are =urrently
outstanding in the principal amount of $27,55S,173.~0 (th~
"Refunded Bonds*~ or the "Rafunded 1988 Bends");
5/13'/92
. BOW, T~IEREFORE, in consideration of the foregoing
and o~ %he mutusl covenants hersln set forth, the County
the Escrow Agent agree as follows:
SECTION 1. Pledqe of 1991A Bond Proceeds and Other
Available MoneVs, To provide for the payment of the principal
and redemDtion price, as the case may be, of the Refunded
Bends., plus interest on the Refunded Bo~ds to the
date thereef, the County hereby irrevocably deposits with the
Escrow Agent, to be held by the Escrow Agent on behalf of the
Paying Agent for the Refunded fonds and in trust for the
benefit of the owners of the Refunded Bonds, and irrevocably
appropriatss and sets aside exclusively for the palrment of the
hereinafter set fo~h, the amount of $ , derived
from the proceeds of ~ale of the 1999A Bonds and other
available moneys, being an amount which the County and the
Escrow Agent agree is ~ufflcient to purcha~ the
Securities (as hereinafter defined) and to refund and defease
the Refunded Bonds. Such amount shall be depesite~ by the
Escrow Agent ~n the 199~A Esarow Deposit Ftt~d hereinafter
referred to and invested and applied in the manner and for the
purpose hereinafter set forth.
The Escrow Agent acknowledges receipt of the
£0re~eing amounts.
SECTION 2. Es~ablishmen~ of Escrow DeDosit Fund;
established with the Escrow Agent a special and irrevocable
trnst f~nd designated the "Count~ of C~esterfield, Virginia,
Deposit Fund" (the '~199~A E~row DepOsit F~d") tO be held in
the e~sted~ of the Escrow Agent as a trust fund separate and
apart from all other funds of the County or of the Escrow
Agen=~ for the benefit of the owners of the Refunded Bonds.
Ail moneys end Government ~ecuriti~ ~et a~ide and hel~ in
trust in the 199~A E~crow Deposit Fund shall be a~plied to and
~ed $01ely for the ~ayment of the Refunded Bonds (including
~nte~est and redemption p~emium thereon).
SECTION 3. P~rchase of Government ~ecurities:
SDeclal Reinvestment.
(a) The County hera~y directs the Escrow A~ent to
purchase on , 1992, being the date of the delivery of
and payment ~or ~he 1~92A Bond~, with $. of the
a~e~nt held in the 1992A Escrow Deposit Fund~ certain direct
non-callable obligations of tbs United States of Amerlcat as
set forth in Exhibit II hereto. The securities described in
Exhibit II hereto are herein rsfsrred to a~ the
the 199~A Escrow Deposit Fund shall be held as camh a~d not
invested.
(b) The County and the Escrow Agent hereby
scknowle~ge receipt from Ernst & Young of a certifioation that
the ~overnment Securities nature a~ to principal an~ interest
(without regard to any reinvastment of investment earnings on
such Government Securities) in ~u~h ~eun%s and at such times
am will assure, together with any moneys held in the 199~A
Escrow Deposit Fund, th~ availability e£ ~uffieient moneys:
(1) to pay when due the interest on the Refunded
1988 Bonds to November i~ 1998; and
(ii) to pay the =ademption prices of the Refunded
1988 Bonds which are to be redeemed on ~ovember
at a redemption pries {a) with ~espect to the col-rent
couDcn bonds equal to % of the respective prin¢iDal
amounts of the Refunded 1988 Bends and (b) with
to the sapi=al appreciation bonds equal to % o~ the
respective secreted values of the Refunded 1988 Bonds.
(c] The County and the EssroN Agent hereby agree
that, in reliance upon the certification provided by Ernst
¥oum~ pursuant to section 3(b) hereof, the Government
Securities mature as to principal and interest (without re~ard
to any reiuvestment of investment earnings on such Government
together with any moneys held in the 1992A Escrow Deposit
Fund~ the availability of sufficient moneys:
(i) to pay when due the interest on the Refunded
1988 Bonds to November l, 1995; and
1988 Bonds, which are to be redeemed on November 1, 1988
hereof.
(d) The Escrow Agent shall reinvest the income
received from the principal or interest payments on the
Government securities not then need to pay the principal of,
premium, if any, and interest on the Refunded Bonds in united
States Treasury Obligations State and Local
series, bearing interest at a rate of zero pun csntum (0%) per
annum (the "Zero Special Trea~u%~/ Obligations"), as more
particularly described, and in accordance with the schedule
~et forth, in Exhibit V attached ~ereto. The County hereby
authorizes and directs the Escrow Agent te enter subscriptions
for such Zero Special Treasury Obligations from time to time
for and ~n th~ na~s of ~he county. The Escrow Agent shall
subscribe for such Zero Spic,al Treasury 0bl'igatioms in a
timely manner in order to ensure that each obligations are on
deposit in the 199~A Escrow Deposit Fund at the time and in
the amounts re~ui~ed. In the event that such Zero Special
Treasurl~ obligatlo~ ~hall act be available a% the time or in
the amounts required, the Escrow Agent shall not reinvest such
income; provided, however, tha~ at the written d~rsct~cn cf
the County, the Eucrow Agent shall reinvest such income ~n
Investment Securities ss defined in olau~e (i) of the
definition thereof contained in Section 1.1 of the Bond
Resolution (as hereinafter defined) having a yield not greater
than the yield pel~mitted under Section 14~ of the Internal
Revenue code of 1986 (the "Code"), an~ the regulations
~ro~elgat~d ~de~ SUch Section ~48, am each is then in effect,
and shall be entitled to rely eK~lusively upon an ~nq~alifisd
opinion of a nationally r~cogni~d bcn~ counsel with
to compliance with the Code and such regulations, which
opinion shall accompany the aforementioned written direction
cf the County.
SECTION 4. Substitution of Government Securities,
(a) Moneys deposited with the =screw Agen~ as described in
Section 1 hereof~ and used to p~rehuse the
R~euritie~, may, at the written direction o~ the County, he
reinvested in direct noncallable obligations of, or direct
noncallable nonprepayable o~ligations the principal of and
interest on whidh ar~ guaranteed by, the United States of
America (the ~'Substltute Government securities"), maturing as
to principal and interest in such amounts and at such times as
will assure the availability of sufficient money~ ts ma~e
Day, eat of the principal and/or redemption prices, as ~he case
m%ay be, of the Refunded Bcn~, plus in~erest on such Refunded
Bonds to the respective maturity or redemption dates thereof,
all as set ~ort~ in Section 3 hereof; p~ovidud, however, that
Concurrently with such written direction, the Ceun~y shall
provide th~ Escrow Agent wi~h (i) a c~rti~ieation of an
~nd~pendent certified public accountant that sush reinvestment
complies with this Agreemsnt, including in particular ~ection
~ and this S==tlon 4(a) of thi~ Agreement, and assuming that
~2-413 5/13/92
the earnings derived from the Substitute Government Securities
either are not reinvested or are reinvested at a rate of 0%
per annum, ~etting forth in reasonable detail the calculations
underlying such certification, and (ii) an unqualified opinion
of nationally recognized bond counsel to th~ effect that such
reinvestment (~) will net cause any 19~2 Bond to be subjected
to treatment as an "arbitrage bond", as defined in ~ection 1~8
of the Code and the regulations adopted under such Section
1~8, as each is then in effect, and (2) is otherwise in
compliance with this Agreement.
(b) Any reinvestment authorized by thio Section 4
shall he accomplished by sale, transfer, request for
redemption er ether disposition of all or a portion of the
~overnme~t $eouritie~ then hel~ in the 199~A Escrow Deposit
Fund with the proceeds thereof being applied simultaneously tn
the purchase of ~ub~tltut~ Cov~r~e~t ~eeuritie~, ail as
specified in th~ written direction of the County.
SECTION 5. Evidence of Transactions; Annual Report.
(a) The E~crow Agent shall deliver to th~ Treasurer of the
Cou/~ty a transaction statmment describing each transaction
relating to the 199~A E~crew Deposit Fund. such transaotisn
statement ~hall be prepared and delivered to the Treasurer of
the County on a monthly basis.
(b) On cr before August i of each year, ~he Escrow
Agent shall deliver to such Treasurer a ~tatement de~criblng
the Government Securities held by it in the 1992A Escrow
Deposit Fund, including th~ income earned therefrom and tho
maturities thereof, and any withdraw~l~ of money frn~ the
199~A ~scrow Deposit ~und for the year ended June )0 of such
year.
SECTIO~ 6. Payment of Principal and Redemotion
Prices of and Interest on Refunded Bonds. On the respective
i~tcrest payment dates and on the redemption date for the
Refunde~ ~ond$, th~ ~sc~ow Agent ~hall transfer to the Payin~
Agent for the Refunded Bends, sufficient moneys, as set forth
in Appendix A hereto, from the matured principal of and
interest on the Government ~curities held in the 1992A Escrow
Eecurities held in such Fund, for the palrment of the principal
and/or redemption pri~es and the interest on the Refunded
Bonds becoming due on such respective iutereet payment or
redemption dates. The TrUstee and Paying Agent for the
Refunded Bonds is Signet Trust Company,
~ECTIO~ 7. Irrevocable Deoosit: Express Lien.
Subject to the termm hereof and except as ~therwime provided
heroin, th~ depc~i~ of the moneys, ~overnment Securities and
any Substitute Government securities in the 1992A Escrow
Deposit Fund shall constitute an irrevocable deposit is trust
~olely for the palrment of the Refunded Bonds (including
premium end interest thereon) pursuant to the terms of the
Bond ResolUtiOn (as hereinafter defined} and this Agreement.
T~e owners of the Refunded ~onds shall have an express lien on
the principal of end interest on the Geverr~e~t Securities,
and on any moRcy$ Or ~bstlt~te Government Securities un
deposit in the 19~2A Escrow Deposit Fund, until the proceeds
thereof ar~ pa~d c~t, ~sed or applie4 in accordance with this
Agreement.
SECTION 8. Nations, (a) Th= Escrow Agent shal~, on
he~alf' of th~ Trustee and without further authorization er
dlreotien~ ca~e ~otiee of th~ issuance of the Refunding Bonds
in substantially the for~ attached hereto as ~hibit III,
which fo~ ~as bean prepured in accordance with clause (iii)
of the second sentence of section 1].l(h) of the Bond
Resolution, to be p~blished, at least twice as soon as
practicable but in no ease later than thirty (30) days after
the dellve~y of the 1992A Bonds, at an interval of not less
than seven (7) days between publications is each of the two
newmpapemm or financial journatm met forth below, both
which are printed in the English ~anguage and oustomarily
published (except in the came Of legal holidays) at least once
a day for at least flys (51 days in ea~h..salsn~a~ week. such
publications shall be sade in Th~ Richmond Timee~Dispatch,
newspaper or financial journal of 'general circulation in the
Coua~ty, and in The Bond Buyer, a newspaper r financial journal
o= general circulation in the Borough of Manhattan, City and
State of New York.
(b) The County hereby designate~ tho Refunded 1988
Bonds for redemption on Nevsm%e~ 1~ 1998. The E~crow Agent
shall give, or shall cause ~he T~stee to give, notice o£ the
redemption of the Reftk~ded 1988 Bonds, in th~ na~e and on
behalf of the Trustee, such no=io~ ~o b~ in substantially the
fol~ attached hereto as Exhibit IV, which form has been
prepared in accordance with Section 6.5 cf the Bond
Resolution, such notice to bs mailed by first clam~ nail,
po~tage prepaid, not less than thirty (30) nor more than sixty
(go) days prior to Novealber 1, 1998 to the owner of each
Refunded .19SS Bond at such owner's address as it appears on
the registration books kept by the T~ustee.
(c) The instructions set forth in subsections
and (b~ of this s~otion s.1 shall he irrevocable.
SECTION 9. Liability Of Escrow Ace%t. (a) The
liability of the Escrow Agent to ~ake the palnments rsquirsd by
this Agreement with respect to the Refunded Bonds shall be
limited to the fUDd$ deposited with it hereunde= and the
~overnment Securities and a~y Substitute Government
Securities. The E~crow Agent shall nut hs llable for any
resulting from any investment made pursuant to thi~ Agreement
in compliance with the provisions hereof.
(b) In the event of the Escrow Agent's failure to
eecesnt for any of the ~overnment Securlti~,
~overnment Seeuritlss or funds reserved by it, such
Securities, Substitute So~erru~ent Securities or funds shall be
an~ remain the property of the County in trust for thc owners
of the Refunded Bonds a~ herein provided, and if for any
reason such Government Sscuritles~ Sub~titnte Government
Secu~itie~ and funds cannot be i~entlfled, the assets of the
Escrow Agent shall be impressed with a tr~st for the amount
thereof and, to the f~lle~t extent per~itted by law, the
County shall bs entitled to a preferred claim upon such assets
until identification sf such Government ~acuritles, substitute
Government securities and funds is made.
SECTION 10. TerminatiOn. (a) This Agreement shall
terminate upon the payment by the Escrow Agent to the Pa~ing
Agent for the Refunded Bonds of all moneys requlr~d by Section
6 hereof to he paid to such Paying Agent to provide for the
payment of the ~edempti0n prices of and interest on the
(b} Any moneys rsmslning in the 19~2A Escrow Deposit
Fund after all payment~ required by Section 6 ~reof to
paid by the Escrow Agent te ~he Paying Agent for the Refunded
Bonds shall have bess made shall be pai~ tO the County by the
Escrow Agent, without further authorlzat~an and direction.
SECTION 11. FSSs of Escrow Aqent. (a) The County
~hsll pay all necessary and p~opsr fees, Compensation and
exp~nsss of the Escrow A~ent and any Paying Agent pertaining
to the Refunded Bon~, including, without limitation,
r~asonable eompsn6ation for all aegises rendere~ in the
execution, exercise an~ par£ormanse of any of 5he duties to be
exercised e~ performed pursuant to the proViSions of. this
s/13/9~
incurred in accordance with any provisions e£ this
(including the reasonable compensation and expenses and
disbursements of its counsel}.
(b} To the e~ent not paid out of the proceeds
the sale of the Refunding Bonds or other avnilable moneys Dn
the date of delivery of the Rs£unding Bon4s, the County will
pay the amounts described in Section Il(a) when billed.
(c} ~ne Escrow A~ent acknowledges that the
above-specified provisions for payment are satisfactory to it.
(d) in no event shall the amounts described in
section ll(a) be payable from the moneys or ~overnnent
Securities or substitute Government Securities on deposit in
the 1992A Escrow Deposit ~nd.
SECTION 12. Duties of Escrow A~ent: Evidence UPon
Which Escrow A=ent May Act; RePlacement of Escrow A~ent.
The E~crow Agent agrees to perform all the duties and
obliga~i0ns imposed upon it by this Agreement am well as those
provisions of the ~ond Resolution and the Fifth Supplemental
Bond Resolution applicable to t~e performance of this
Agreement. The Escrow Agent acknowledges receipt of
coD~em of the Bend REsolution and the Fifth Supplemental Bend
Resolution.
Escrow Agent may connlueively rely, as to the correctness of
~tatements, conclusions and opinions therein, upon any
certificatE, report~, consent, noticE, appointment or other
direction made or g~ven by the County to the E~erow Agent
which shall be dee~sd to have been sufficiently ~ade or given
by the p~oper party or parties if executed on behalf of the
County by the County Administrate~ of the County.
(e} If the Escrow Agent shall c~ase to be ellglbl~
to act as Escrow Agent hereunder or shall resign as Escrow
Agent hereunder, the Escrow Age, t, if requested by the County,
s~all execute =uch agreements, assignments and other
aa shall be necessary to vest in a nucc~ssor e~orow agent all
the t~tle, rig~tn, d~ties and obligations of the Escrow Agent
under this Agreement and in the ~overnmen= securities,
Substitute Government securities a~d 0t~er f~d~ deposited or
to be deposited or received by the E~orow Agent under this
the tr~ts created hereunder, all £ur~her title, rights,
dutlem and ehligatien~ Of the Escrow Agent under this
Agreement shall cease and determine and be discharged, except
for rlght~ er liabilities theretofore accrued to or Dy the
County or the Escrow Agent.
SECTION 13. ~noor~oration hv Reference. The
applicable an~ necess&~ prevision~ of th~ Bond Resolution
adopted by the ~oard of superviEora of ~he County on July ~4,
1985 (the "Bond Resolution") and the Fifth Supplemental Bond
Resolution adopted by the Boar~ eS Supervisors of the County
SECTION 14. Arbitra~ Covenant. Any other
Rrovlsion of this Agreement to the contrary notwithstanding,
the County hereby cc~;enants that it will not ume, or pe~it
the use of, any proceeds of the Refunde~ Bend~ or the 1992A
BOnds, or of moneys or funds held by the Escrow Agent under
this Agreement thmt may be deemed to be the proceeds of the
Refunded ~onda or the 199~A Bonds pursuant to $eotion
the and regulations adopted under such Section 14B, as each is
then in effect, in a manner that would cause uny of
aefun~ed Bonds or the 1992A Bonds to be subjected to treatment
under such Section l&g a~ an ?'arbitrage bond", and to that end
the County shall comply with applicable regulations adopted
under shah Section 148.
SE~TIO~ 15. Benefit of Acreement: ~umendments.
Thim Agreement i~ made for the benefit of the County and tho
owners from time =o time of tho Refunded Bonds except es
otherwise e~ressly provided herein. This Agreement shall not
be repealed, revoked, altered or amended without the 'written
consent of all such owners and the written consent of the
Escrow Agent; provided, however, thut the County end the
Escrow Agent may, without the consent o£~ or notice to~ such
oqne~, enter into such agreements supplemental to this
Agreement as shall not adversely affect the rights of ouch
owners and as shall not be inconsistent with e_ha ter~$
provisions of this Agreement, for any one or more of the
following purposes:
(i} to cure any amblgu~ty or ~Qrmal defect or
omission in this Agrssment;
(~) to grant to, or Confer ~pon, the Escrow Agent
for the benefit of such owners any additional rights,
remed~e~ powers or authority that may lawfully be
'pranted to, or ~onferrod upon, such owners or the
Agent;
(iii) to subject to this Agreement additional
funds, securities or proDertiss.
· n the event this Agreemsnt shall ha supplemented ~y an
agreement supplemental hereto in accordanc~ with the
provisions of ~he immediately preceding sentsnc~, the County
~hall notify, in writing, each rating agency which ~hall
been therets£ors requsate~ to rat~ the Refunded Bonds of the
proposed amendment to this Agreement contemplated in much
supplemental agreement prior to the effective dat~ of such
amendment~ and shall deliver tO eaoh ~uch rating agency a copy
of ~uch agreement supplemental hereto within thirty (~O) days
after the e~ecution and delivery thereof. In the event that
Moody's Investors Se~vlce i~ to be notified pursuant to this
S~ction 1§ or Section 16, ~uch notice should be addreese~ to:
Moody'~ Investors Service, P~blic Finance Rating Desk/Refunded
Bon~s, 99 Churck Street, Nsw York, New York 10007. In the
event that Standard & Poor's Corporation is to be notified
pursuant to this Section 15 or Section 16, such notice
be addressed to: Standard & Pcor'~ Co,oration, 25 ~roadway,
~ew York, New York 10004.
(b) The Es=row Agent shall be entitled tc rely
exclusively upon an unqualified opinion of counsel of
recognized standing in the field of law relating to municipal
bonds with respect to compliance with this Section
including (i) the extent, if any, to which any change,
nodiflcatlon or addition affects the rights of the c~ers of
t. he Refunded Bonds and the 1992A Bonds, and (ii] the extent,
if any, to which any instrument e~ec~ted hereunder complies
with the oon~ition0 and previsions of thi~ Section 15.
~ECTION 16. Seve~ahilitV+ (a) If any one or more
of the covenants or agreements provided in this Agreement
the part of the County or the Escrow Agent to be performed
~ho~ld b~ determined by a court of competent jurisdiction to
be contrary to law, such covenant or covenants, or ~uch
agreement or agreements, or such portions thereof~ shall he
~ee~ed severable from the remaining covenant~ and agreements
or portions thereof provided in %his Agreement and the
invalidity thc=eof shall in no way affect the validity of
oth~r provisionm of r~qis Agreement or of =~e Refunded Bonds or
of the 199~A Bond~, and tho owners of the Refunded Bonds
of the 1992A Bonds shall retain all the rights and b~n~fits
92-417 5/13/92
accorded t/~em hereunder and under applicable prc¥i~ions of
law.
(b) If any provision of this Agreement shall he held
er deemed t0 be or shall, in
unenforceable or invalid a~ applied
any jurisdiction or Jurisdictions ar in all jnriedi~ticn~, or
in all cases because it conflicts with any conetltutlcn or
statute or ~/le of ~ublic polic~ or for a~y other reason,
such circumstances shall not have the effect of rendering the
~rovision in question, inoDe~ative er unenforceable or invalid
zn any other case or clrcum~tance, or of rendering any other
provision or provisions herein contained inopnrative or
unenforceable er invalid to any extsn% whatsoever.
S~CT~oN 17. Law and Place of Enforcement oS this
Acreement. This Agreement has been made in the C~onwealth
cf Virginia and shall be sanstrum~ and inte~reted in
aee0rdancu with the laws of the Commonwealth of Virginia and
any suits and actions arising cut of this Agreement ~hall
instituted in a federal court in the ~astern District of
Virginia or in a circuit Court in Chesterfield County,
Virginia.
SECTION 1~. CounterQart~. Thi~ Agreement may be
executed in neveral counterparts, all or any cf which shall be
regarded for all p~rpo~e~ as on~ urlginal and ~hall constitute
and be but one and the mane instrument.
SECTION 19. Section Headings. The headings of the
several sections h~reof shall be solely for convenience of
reference and shall not affect the ~eani~g, Construction,
interpretation er effect cf this Agreement.
IN WIT~ESS W?iEREOF, ~he parties have each ~aused
th~s Agreement tn be executed by their duly authorized
officers and attested as of tbs date first above written.
COUNTY OF C~ESTERFIELD~
VIRGINIA
Title: County Administrator
CR~STAI%BA~V~,
Title:
A~PENDIX A
~CHEDULE OF PAYMENT OF INTEREST A/~D
P~DE~PTION PRICES OF TKE ~F~3~DED BONDS
Date Interest Redemption
Payment Due Des Price
Tuts1 Debt
92-418 ~/13/92
EXHIBIT I
Date of Maturity P~incipal
(~ovember 1) Amount
Interest
Fate CUSIP Number
EXHIBIT II
GOVER~ENT SECURITIES
United States Treasury Notes
State and Local
First
Principal Interest I~sua Maturity Interest
Amount Rate Date Date Pav~ent Date
United State~ Treasury ~ill and Notes
Principal Interest Purchase Maturity Aear~ed Total
Amount R~t~ Date Det~ P~iee Interest Co~t
(a) Uni~ud States Treasury Bill
(b) Unite~ States Treasury Note
EXHIBIT III
~OTIC~ OF ISSUANCE OF R~FUNDING BONDS
COUNTY DF CMESTERFIELD, VIRGINIA, WATER AND SEWER
~%EVEI~3~ BO~b~, S=RI=$ ~988, ~SAqTJRING ON NOVE~BER 1,
1999 THi%DUGH 2006, BOTH INCLUSIIr~, AND ON-NOV~ER
1,
NOTICE IS ~E~BY GIVEN that
chesterfield, Virginia (the "County") on
issued it~ County of Chesterfield, Virginia,
th~ County of
· 199~,
Water and Sewer
Revenue Refunding Bond~, Series 1992A (the "1992A ~on~s"), for
the purpose of refunding in advance of their stated maturities
its County of Chesterfield, virginia, Water and 8ewer Revenue
Refunding Bonds, Series 1988, maturing on ~evember 1 in each
of th~ years 1999 through 3006, both inclusive and 2018 (the
"Re£unded Bonds"), which are outstanding as of the da%~ hereof
in the amount nf $27,558,173.20. A portion of the proceeds of
the 1992 Bonds, together with ethe~ available moneys, have
been deposited with Crestar Bank, Richmond, Virgiuia, as
Escrow Agent (the "Escrow Agent"), to be hel4 in trust and
have been invested in certain non-callable direct obligations
of the United States of America, ~11 as sst ~crth in ~n Escrow
Deposit Agreement. dated as of May 19, 199], by and between
the County of Chesterfield, Virginia, and the Escrow Agent.
The proceed= of th~ 199~A Bonds and other available moneys so
deposited with the Escrow Agent under sue~ Escrow Deposit
Agreement are in such principal amount and invested in such
obligations as will assa~e ~ufficient moneys (i) to pay when
due the interest on the Refunded Bonds to November l, 1998;
and (ii) to pay the redemption prises of the Refunded Bonds
maturing on Nove~er 1 in each of th~ y~ars 1999 t~lro~gh 2~06,
both inclusive, and 2010, which are to be redeemed on Nove~er
1, 1998 at a r~d~mption price equal to % of the res~eetlve
the respective secreted va%=~ ~f the Capltal Appre~iatlon
Bonds, together with the i~tere~t accrued thereon to November
The maturity dates, ~rinoip~t amounts, ~nterest
rates u~d CDSI~ ~umbers for the Refunded Bonds are as follows:
Date of ~aturity Prlnci~al Interest
CNov~er 1) Amount Rat~
CUSIP Number
· This notice and the information eon=ained herein are
provided solely for the information of the uwner~ ef the
Refunded Bond~. There i~ no need for the owners of the
Re£unded Bends to take any action with res~act to ~-heir
Refnnded Bonds at the pre.eat time. This notice is being
given in accord=nee with instructions fro~ the County and is
being given in the name of the County and ~ig~et Trust
company, as TrUstee for =he owners of the Refunded Bo~ds.
Dated: , 1992
CRESTAR BANK,
AS E~CROW AGENT FOR T~E
COUNTY OF CHESTERFIELD, VIRGINIA
EXHIBIT IV
NOTICE OF REDEMPTION
COUNTY OF C~IESTER~IELD, VIRGINIA, WATER AND SEWER
~VENI~E REFUNDING ~OND$, SERI~S 1988, ~RING ON
NO~BE~ 1~ 1999 THROUGH 2006, BOTH INCLUSI~, ~D
ON NO~ 1, 2010
T~ustee (the "Trustee")~ under a Bond Re~olution, adopted on
~uly 24, 195~, as supplemented by a ~ifth Supple.mental son~
Resolution, adopted on Nay 13, 1992 by th% Board of
Supervisors of the County of Chesterfield, virginia, has
designated for redemption and will redeem and pay on November
1, 199S, the above-referenced Bonds, maturin~ on November 1 in
eac2a of the years 1999 through 2006, both inclusive, and
The maturity dates, principal amounts, interest rates and
cusip Numbers for ~uch Bonds to be redeemed are as £cllcw~:
Bate of Maturity Principal
(November 1] A~ount
Intersmt
Rate CUSIP
The Bonds sp~cifiad above will be redeemed on
November 1, 1995~ upon pr~eehtation and ~urr~der of such
Bonds at the principal aorporate =rust office of s~gnet T~ust
Company, in the City of Richmond, Virginia, Paying Agent for
such ~ouds. On and after ~ovember 1, 1998 interest will cea~
to accrue on the Bond~ ~pecified herein. The Currant Coupon
Bonds will be redeemed at a redemption price ec~al to %
of the principal amount thereof together with ths in~erest
accrued thereon to Nove~ber 1, 1998. The Capital Appreciation
Bonds will be redeemed at a redemption price e~ual to %
nf the accrete~ val~e thereof on November ~, 1998.
[under federal law~ the paying agent for the Bonds
specified above for redemption may be required tO withhold 20%
of Da!rments to owners pre~entisg such Bonds for redemption if
such owner~ hav~ failed to furnish a taxpayer identification
number to such pay~n~ agent certified to be correct under
p~naltie$ of perjury (or that such hol~er is awaiting a
taxpaye~ {dentificaticn number). Certification may be ~ade on
In~ernal Revenue Service Fsrm W-9, which may ~e obtained from
the Internal Revenue service o~ most local bank~ a~ brokers.
Failure of an owner to complete and return such certification
to such Paying Agent, at the address indicated above for
presentation and surrende~ of such Bonds~ may rePult in backup
withholding of 20% of any payment cf redemption price to be
ma~e ts such owner.]*
[Nat less than 30 day~ nor
than 60 days prior to November
1,
SIGNET TRUST COMPANY,
AS TRUSTBE
*TO be revised a~ appropriate at the time of mailing.
92-421 5/13/92
EXKIBIT V
Z~RO ~P~CIAL TREASURY OBLiGATTOf~S
Principal
Amount
Intsrest I~sue Maturity
Rate Date Date
Vote: Unanimous
15. ADJOURNMEN~
On motion of Kr. CnlbeTt, seconded by Mr. McHale, fha Board
adjourned at 9:45 p-m- until ~ay 27, 1992 at $:00 p.m,
chain~an
92-422 5/13/92