03-10-1976 MinutesPresent:
Mr. E. Merlin O'Neill, Chairman
Mrs. Joan Girone, Vice-Chairman
Mr. J. Ruffin Apperson
Mr. C. L. Bookman
Mr. Leo'Myers
Mr. M. W. Burnett, Co. Admin.
VIRGINIA: At a regular meeting of the
Board of Supervisors of Chesterfield
County, held at the Courthouse on
March 10, 1976, at 9:00 a.m.
Also Present:.
Mr. Raymond Birdsong, Asst. Co. Eng.
Mr. John Harmon, Right-of-Way Agent
Mr. Lee Falwell, Asst. Co. Admin.
Mr. C. G. Manuel, Asst. Co. Admin.
Mr. Morris Mason, County Attorney
Mr. Robert Painter, Co. Engineer
Mr. Willis Pope, Right-of-Way Eng.
Mr. Michael Ritz, County Planner
Mr. James Schiavo, Zoning Inspector
Ms. Joan Smith, Secretary
Mr. David Welchons, Asst. Co. Eng.
The meeting is called to order by the Chairman.
Mr. Myers gives the invocation.
The Board of Supervisors this day approved all calims presented to the County for
the month of February, 1976, and authorized the Treasurer of the County to issue
warrants as follows:
General Fund
Check 121803-123578 $248,253.84
Revenue Sharing Fund
CheckLibrary 122490-122683 Fund 88,450.63
Check 121814-123565 98,862.97
Law Library Fund
Check 123454-123513
60.60
County Road Fund
Check 123458
County Airport Fund
Check 121811-123525
County Garage Fund
Check 121827-123531
1,130.00
30,824.06
24,729.72
Storeroom
Check 121833-123434
3,415.80
Workmen's Compensation Fund
Check 122408-123558
1,096.33
Manpower Grant
Check 121835-122785
1,321.56
Va. Public Assistance Fund
Cheek 123279-123316
122602-122602; 121434-131438;
123361-123361; 121431-121432;
121439-121796; 121418-121420;
122580-122598; 123371-123391;
123579-123604; 123318-123360;
122600-122601; 121433-121433;
121426-121428; 123363-123370;
123607-123703; 123605-123606;
121424-121425; 121429-121430;
121421-121423; 122599-122599;
123309-123313; 123315-123317;
123280-123308
County Nursing Home
102,198.23
Check 121808-123559
Capital Outlay
Check 122450 & 122726
76,779.54
28,868.25
Payroll Deduction Fund
Check 121804-122805
Water Revenue Fund
Check 014054
Water Operatin~ Fund
Check 01.3935-014111
Water Meter Deposit Fund
Check 013993-014099
Water Meter Instln, Fund
Check 013946-014110
Central Stores Fund
Check 013934-014102
Ettrick Utility Fund
Check 014027-014103
Sewer Revenue Fund
Check 014054
Sewer 'Operating Fund
Check 013941-014103
Sewer Debt Fund
Check 014014-014028
Sewer Improvement, Rep1. & Ext. Fund
Check 013940-014107
Swift Creek Sewer Bond Fund
Check 013972
$201,143.05
30.20
28,659.84
490.00
60,301.34
16,790.84
131.93
34.10
56,798.29
498,900.00
755,678.27
15,647,17
On motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that the min-
utes of February 25th and March 4th be and they hereby are approved.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mr. Covington comes before the Board to discuss road matters.
Mr. Burnett states that the Highway Department has formally accepted the roads
in the following subdivisions into the State Secondary System of Roads:
LONDON PARK
London Park Drive - from its intersection
with Route 711 northerly 0.40 mile to a
cul-de-sac.
HUGUENOT COMMERCIAL PARK
Allecingie Parkway - from its intersection
with Route 147 easterly 0.14 mile to a
cul-de-sac.
KENDALE ACRES SUBDIVISION
Verlinda Drive from its intersection
with Dermotte Lane 0.08 mile to its inter-
section with Bearbox Court, thence westerly
0.10 mile to its intersection with Lynette
Road, thence westerly 0.09 mile to a tem-
porary turnaround.
Lynette Road - from its interseection with
Dermotte Lane southerly 0.06 mile to its
intersection with Verlinda Drive, thence
southerly 0.05 mile to a cul-de-sac.
0,40 mile
0.14 mile
0.27 mile
0.11 mile
Bearbox Court - from its intersection with
Verlinda Drive southerly 0.09 mile to a
cul-de-sac.
Dermotte Lane - from its intersection with
Verlinda Drive northerly 0.06 mile, thence
westerly 0.22 mile. to its intersection with
Lynette Road, thence westerly 0.09 mile to
a cul-de-sac.
0.09 mile
0.37 mile
On motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that the fol-
lowing resolution be and it hereby is adopted:
Whereas, the Secondary Route 637, from Route 770 to Route 638, a distance
of 0.27 miles, has been altered, and a new road has been constructed and approved
by the State Highway Commissioner, which new road serves the same citizens as the
road so altered; and
Whereas, certain sections of this new road follow new locations, these be-
ing shown on the attached sketch titled, "Changes in Primary and Secondary System
Due to Relocation and Construction on Route 150, Project 0150-020-102, C501,
date8 at Richmond, Virginia, September 30, 1975."
Now, therefore, be it resolved: That the portions of Secondary Route 770,
i.e., Section 2, shown in brown on the sketch titled, "Changes in Primary and
Secondary System Due to Relocation and Construction on Route 150, Project 0150-
020-102, C501, dated at Richmond, Virginia, September 30, 1975", a total distance
of 0.20 miles be, and hereby is, added to the Secondary System of State Highways,
pursuant to Section 33-141 of the Code of Virginia of 1950, as amended.~
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mr. Covington states that there will be a Public Hearing by the State Department
of Highways and Transportation on April 9th at 10:00 a.m. for the purpose of dis-
cussing the urban, interstate, primary and arterial road projects for 1976-77.
It is generally agreed that the members of the General Assembly be invited to
attend this meeting, be briefed by Mr. Burnett and sent a copy of the priorities.
On motion of Mr. Bookman~ seconded by Mrs, Girone, it is resolved that the High-
way Department be requested to study the possibility of installing a traffic light
at the inters~ection of Providence Road and Route 60.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mrs. Girone cites problems with traffic backing up on Chippenham at its inter-
section with Jahnke Road, inquires about additional lights on Buford Road and
discusses what temporary measures are being taken by the County at the railroad
crossing on Old Bon Air Road.
There is some inquiry about when anything will be done concerning Powhite Parkway
and Mr, Covington states that, hopefully, a Public Hearing will be held in June
1976. '
On motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that this
Board go into Executive Session to discuss a personnel matter.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Reconvening:
Mr. Burnett states that this time and date have been set for a Public Hearing on
the adoption of the proposed County Code Book with the amendments which are at-
tached. There being no one present to speak for or against the changes, it is on
motion of Mr. Apperson, seconded by Mr. Myers, resolved that the Code of the Count]
of Chesterfield as revised and codified be and it hereby is adopted in toto with
the corrections as presented.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mr. Myers states that in the future he would like the County Attorney as well as
a representative of the department involved to come before the Board and explain
the changes and deletions in any Ordinances.
Mr. Wilkerson of Kmndale Acres comes before the Board stating that the increase
of the fee for sewer line connections is 100% and he does not feel the people who
have signed the presented petition should have to pay this new rate because the
County never asked them to sign a contract when the lines were installed in Decem-
ber of 1975. He states that they did fulfill all that was asked and they feel the)
should be allowed to participate at the old rate since normal procedures were not
followed in that a contract was not sent out. Mr. Painter states that the contrac~
is behind schedule and that the contractor has been given two extensions of time
on this line. Mr. Welchons states that procedures were followed but contracts
were not s~ent because the line was put in at the developers request and he parti-
cipated in the cost. He adds further that if the line had been completed on time,
the contracts would have been signed prior to the new rate going into effect. Mr.
Bookman states that this may be setting a precedent. Mr. Myers states that he
feels this is a different type of request from the other~ received and that each
case may have to be handled separately.
There is. some~ discussion of legal contracts for the sewer lines and what consti-
tutes same and it is generally agreed that a policy should be established. After
further consideration of this matter, it is on motion of Mr, Apperson, seconded
by Mrs. Girone, resolved that the County grant a variance to these five existing
homes because of hardship factors and further that the one other existing home
whose residents were not aware of this petition be given the normal time in which
to respond and receive the reduced price.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mr. Bookman states that his reason for voting in favor of this resolution is be-
cause the County Board did grant the contractor two extensions of time for com-
pletion of this work.
It is generally agreed that the County Attorney should meet with Mr. Lanier,
Engineering Department representatives and the Bondholder to work out an equit-.
able solution to the. liquidated damages which shall be assessed and the responsi-
bility of possible financial costs occurring within a year because the firm of
Moore, Kelly and Reddish did not complete Contracts 7032-8A and 8B within the
contracted time.
On mot'ion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the Bond
Resolution as presented by Brandermill be and it hereby is approved:
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $2,400,000 COUNTY OF CHES-
TERFIELD, VIRGINIA, SEWER REVENUE BONDS (BRANDERMILL PROJECT), .SERIES OF 1976,
AND NOTE IN ANTICIPATION OF THE SALE THEREOF, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF.
WHEREAS, the County is a political subdivision of the Commonwealth of Vir-
ginia with power to acquire, construct, operate and maintain a sewerage disposal
system within the County; and
WHEREAS, the County is authorized by the Public Finance Act, Chapter 5, Title
15.1, Code of Virginia of 1950, as amended, to borrow money and to issue its reve-
nue bonds to pay all or part of the cost of such system; and
WHEREAS, plans have been prepared by Reynolds, Smith & Hill entitled "Swift
Creek Waste Water Program - Pump Stations and Force Mains, R. S. & H. File #72-
231", Dated 1-12-73 and by J. K. Timmons & Assoc. entitled "Proposed Sewerage
Facilities for Swift Creek Co. Property", dated November 29, 1973, Rev'd. 2-4-76,
for the construction of certain sewer facilities in the Swift Creek drainage basi~
in the Clover Hill and Midlothian Districts of Chesterfield County in the vicinity
of the Swift Creek Reservoir; and
WHEREAS, the County has determined to issue its sewer revenue bonds in an
amount not to exceed $2,400,000 to pay, together with other available funds, the
cost of the Project hereinafter defined, such bonds to be payable solely from the
revenues generated from the Project, including payments by Brandermill, a Virginia
joint venture (Brandermill); and
WHEREAS, to induce Bondholders as hereinafter defined to purch'ase such bonds
and as a condition to their acceptance, Brandermill and the County have entered
into an Agreement dated as of December 13, 1972 and modified as of October 9, 1974
providing for the construction of the Project and the guarantee by Brandermill
of the payment of certain connection charges and service fees as set forth in the
Agreement; and
WHEREAS, to finance the Cost of the Project, the County has received a com-
mitment as hereinafter described, whereby construction funds will be advanced upon
the terms and conditions provided herein, and relying on such commitment the Count
has determined (a) to issue and sell its Revenue Bond Anticipation Note in an
aggregate principal amount not to exceed Two Million Four Hundred Thousand Dollars
(the Note) and (b) in order to provide amounts sufficient to pay the principal and
interest on the Note, subsequently to issue and sell sewer revenue bonds in an
aggregate principal amount not to exceed Two Million Four Hundred Thousand Dollars
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA:
ARTICLE I
Definitions and Rules of Construction
Section 101. Definitions. The following words as used in this Bond Resolu-
tion shall have the following meanings unless a different meaning clearly appears
from the context:
"Acquisition and Construction Fund" shall mean the fund by that name referred
to in Section 601.
"Additional Bonds" shall mean any bonds issued pursuant to Article V and se-
cured on a parity with the Series of 1976 Bonds by a pledge of the revenues de-
rived from the ownership or operation of the System.
"Annual Budget" shall mean the budget adopted pursuant to Section 703.
"Authorized Representative of the County" shall mean such person or persons
as may be designated to act on behalf of the County by certificate signed by the
Chairman or Vice Chairman of the Board of Supervisors of the County and filed with
the County Treasurer.
"Authorized Representative of Brandermill" shall mean such person or persons
as may be designated to act on behalf of Brandermill by certificate signed by one
of its partners and filed with the County Treasurer.
"Bond Resolution" shall mean this resolution, as supplemented from time to
time as provided herein.
"Bondholder" or "holder" shall mean the holder of any of the Bonds from time
to time outstanding or the coupons appertaining thereto.
"Bondholder's Committee" shall mean the committee named pursuant to Section
1002(c).
"Bonds" shall mean the Series of 1976 Bonds and any Additional Bonds issued
hereunder.
"Brandermill" shall mean the Virginia joint venture of that name, its suc-
cessors and assigns.
"Certified copy" shall mean a copy of a resolution or other paper certified
by the Clerk of the Board of Supervisors of the County or, if any other body, by
the secretary or clerk of any other body.
"Clerk" shall mean the person holding such office of the Board of Supervisors
of the County and shall also mean any duly elected assistant to such office.
"Code" shall mean the Internal Revenue Code of 1954, as amended from time
to time.
"Commitment" shall mean the Assignment and Agreement dated as of May 1, 1975
between Brandermill and the County, joined in by the Equitable Life Assurance
Society of the United States and Thomas F. Murray, et al, as Trustees of the Equitj!
able Life Mortgage and Realty Investors, a Massachusetts Business Trust, under a
Declaration of Trust dated September 1S, 1970, as amended to purchase the Note,
to make advances thereunder, and to purchase the Series of 1976 Bonds upon the
terms and conditions stated therein.
"Consulting Engineer" shall mean an engineering firm or individual engineer
as may be employed as Consulting Engineer in accordance with Section 905.
"Cost of the Project" shall have the meaning specified in Section 602.
"County" shall mean the County of Chesterfield, Virginia, a political sub-
division of the Commonwealth of Virginia.
"County Engineer" shall mean Robert A. Painter, County Engineer, or his suc-
cessors as County Engineer of the County.
"County Treasurer" shall mean the duly elected or appointed Treasurer of the
County holding office from time to time.
mean the fund by that name referred to in Section
"Debt
Reserve
Fund"
shall
708.
"Debt Service Fund" shall mean the fund by that name referred to in Section
707.
"Event of Default" shall mean any of the events enumerated in Section 1001.
"Fiscal Year" shall mean the twelve-month period beginning on July of one
year and ending on June 30 of the following year.
"Improvement Fund" shall mean the fund by that name referred to in Section
709.
"Net Revenues" shall mean Revenues less payments into the Operating Fund in
accordance with Section 706.
"Note" shall mean the revenue bond anticipation note of the County issued
pursuant to Section 303, and shall include the supplementary revenue bond anti-
cipation note permitted under such Section.
"Operating Expenses" shall mean all current expenses directly attributing
to the ownership or operation of the System for the users of the System included
in the definition of Revenues, including, without intending to limit or restrict
any proper definition of such expenses under any applicable laws or generally
accepted accounting principles, reasonable and necessary usual expenses of admini-
stration, operation, maintenance and repair, costs for billing and collecting the
rates, fees and charges for the use of or the services furnished by the System,
insurance and surety bond premiums, legal, engineering and auditing expenses,
and expenses and compensation of any paying agents for the Bonds, but shall not
include any allowance for depreciation or deposits or transfers to the Debt Ser-
vice Fund, Debt Reserve Fund or Improvement Fund or expenditures for capital im-
provements and extensions to the System. The operating expenses shall be deter-
mined by (a) computing the direct costs of the System (including the Project
either as financed through Bonds issued hereunder, by contributions made by the
County School Board or by the Net Revenues of the System) for supplying service
to users of the System located within its boundaries, including but not limited
to costs of maintenance of the System, cost of the administration of the System
and costs of billing and collecting charges and fees to such users of the System,
and (b) adding an amount of $2.25 per month per unit served within the boundaries
of the System, or such other amount as the County shall fix from time to time as
teh wholesale cost of sewage treatment for downstream treatment facilities. For
purposes of this paragraph "unit" means (a) each family residential unit served
and (b) each commercial (including industrial, institutional and other non-resi-
dential) unit being served on the basis of the commercial equivalent of one fami-
ly residential unit which shall be 600 cu. ft. of water per month.
"Operating Fund" shall mean the fund by that name referred to in Section 706
"Outstanding" or "Bonds outstanding" shall mean all Bonds which have been
delivered by the County Treasurer under the Bond Resolution, except:
(a) Bonds cancelled by the County Treasurer or delivered to the County
Treasurer for cancellation because of payment or redemption prior to maturity; an
(b) Bonds for the payment or redemption of which funds or securities
in which such funds may be invested shall have been theretofore deposited with
the Paying Agent (whether upon or prior to the maturity or redemption date of any
such Bonds) pursuant to Sections 402 and 1202; provided that if such Bonds are ·
to be redeemed prior to the maturity thereof notice of such redemption shall have
been given or arrangements as provided in such sections shall have been~made ther~
for, or waiver of such notice satisfactory in form to the Paying Agnet (other than
the County Treasurer), shall have been filed with the County Treasurer.
'"Paying Agent" shall mean as to the Series of 1976 Bonds the paying agent
(who may be the County Treasurer) specified in the proceedings for such Bonds and
as to Additional Bonds the paying agent (who may be the County Treasurer) for
the Bonds for each series as specified in the proceedings providing for the is-
suance of such series of Additional Bonds~ or the successor to any of the fore-
going named by the County. Unless otherwise designated by the County, the County
Treasurer shall be the Paying Agent.
"Payment of the Bonds" shall mean payment in full of principal of and inter-
est and premium, if any, on the Bonds or privision for such payment as provided
in this Bond Resolution.
"Project" shall mean the sewerage facilities to be constructed in the Swift
Creek drainage basin in the Clover Hill and Midlothian Districts of the County
in the vicinity of the Swift Creek Reservoir described as follows:
(a) Bailey Bridge Pump Station, as shown in blue on Exhibit A attached
hereto and in Contract No. S73-10CD, plus the third pump of equal size (including
controls and piping) deleted from the bids upon award of such contract, when the
County shall reasonably determine the need therefor.
(b) Bright Hope Pump Station and Force Main (or gravity sewer), as
shown in brown and green on Exhibit A attached hereto as "Clover Hill Trunk Sewer
(Cost $266K) and "Pump Station" (Cost $184K; Size 700 units). The County School
Board Shall contribute $200,000 to the cost of construction, including engineer-
ing~ of the Clover Hill Trunk Sewer when as the same shall be needed to pay the
cost of such construction.
(i) In the event the cost of the Clover Hill Trunk Sewer exceeds
$266,000, the excess may be paid from the first installment of the
Series of 1976 Bonds. The aggregate amount of the first installment
of the Series of 1976 Bonds shall be increased to the extent that such
costs are to be paid out of such Series of 1976 Bonds. The second in-
stallment of $184,000 shall be reduced in the same amount the first
installment is increased.
(ii) In the event the cost of the Clover Hill Trunk Sewer includ-
ing engineering, is significantly in excess of $266,000, (a) such ex-
cess amounts shall be deducted from Brandermill's obligation to install
a 700-unit capacity pump station (such deduction to be computed by add-
ing to the amount of such excess an amount for inflation from the date
of the acceptance of the bid for the Clover Hill Trunk Sewer to the
date of the acceptance of bid for the Pump Station, using the rate of
the Department of Labor cost of living index, or other similar federal
index) or (b) the County may choose to redesign the facility for the
capacity of a twelve-inch line.
(iii) The Bright Hope Pump Station and Force Main shall be designed
for a 700-unit capacity. If the County should elect to construct a
pump station of greater capacity than 700 units in lieu of the "Pump
Station" referred to~:above, the County and Brandermill shall allocate
to such pump station proceeds of the second installment of Series of
1976 Bonds equal to the costs, including engineering, at such time of
a 700-unit pump station. Up to $184,000 (or such amount remaining after
deduction of Series of 1976 Bonds issued to pay the cost of the Clover
Hill Trunk Sewer in excess of $266,000 as provided above) of the pro-
posed Series of 1976 Bonds are to be issued and applied, if needed to
pay the costs, as determined above, for the construction of the Bright
Hope Pump Station and Force Main when it is ready for construction.
As an alternate to this pumping station, the COunty reserves the right
to construct a gravity interceptor along the reservoir. The cost of
the pumping station and force main will be applied toward the gravity interceptor
costs.
(c) Lower Nuttree Creek Trunk Sewer, as shown in black on Exhibit A
attached hereto as Lower Nuttree Trunk (Cost $486K; Cap. 20,000 units) Contract
No. S74-36T. The Lower Nuttree Creek Trunk Sewer will be designed to serve the
entire gravity flow of the Nuttree Creek Basin. On an interim basis, it may also
receive additional flows from the East Reservoir Area, Tomahawk Creek Basin, Littl~
Tomahawk Creek and Swift Creek Basin and will extend approximately 12,000 feet
from the Swift Creek Trunk 0utfall to Old Hundred Road.
"Revenue Fund" shall mean the fund by that name referred to in Section 705.
"Revenues" shall mean and include (a) all income, revenues and moneys derived
by the County from the ownership, possession, operation, management or control of
the System, and without limiting the generality of the foregoing, shall include
all income, revenues and moneys derived by the County from the rates, charges,
fees and rentals established and collected for the sale, furnishing or supplying
of the services and facilities of the System; income, revenues and moneys derived
by the County from rates, charges, fees and rentals established for the privilege
of connecting to the System; the proceeds of the sale or other disposition of all
or any part of the System; the proceeds of insurance and condemnation awards re-
ceived with respect to the System; provided that such term "Revenues" shall~ not
include any income, revenue or money derived by the County from users outside the
boundaries of the System for use of the System (except the Clover Hill High School
and (b) revenues not to exceed $600,000 over the life of the Series of 1976 Bonds
allocated from connection fees (net after reimbursement to a developer under nor-
mal County policy) in the Nuttree Creek Basin (shown in'orange on Exhibit A at-
tached).
"Series of 1976 Bonds" shall mean the County's $2,400,000 Sewer Revenue Bonds
(Brandermill Project), Series of 1976, authorized to be issued by Article III.
"Sewer Agreement" shall m&an the Agreement between the County and Brandermill
dated as of December 13, 1972 and modified as of October 9, 1974, relating to the
construction of the Project by the County and the payment of certain connection
charges and service fees by Brandermill.
"System" shall mean the Project, all improvements, extensions, additions and
replacements thereof or thereto and such other sewer or sewage disposal projects
which the County may acquire, construct.or operate within the area shown in yel-
low on Exhibit A attached hereto.
Section 102. Rules of Construction. Unless the context clearly indicates
to the contrary, the following rules shall apply to the construction of this Bond
Resolution:
(a) Words importing the singular number shall include t. he plural number and
vice versa.
(b) Words importing the redemption or calling for redemption of Bonds shall
not include or connote the payment of Bonds at their stated maturity.
(c) Ail references herein to particular articles or sections are references
to articles or sections of this agreement.
(d) The headings herein are solely for convenience of reference and shall
not constitute a part of this agreement nor shall they affect its meaning, con-
struction or effect.
ARTICLE II
Authorization of Project
Section 201. The Project. In order to provide a sewerage system to promote
the orderly growth and development of the property in the Swift Creek drainage
basin in the Clover Hill and Midlothian Districts of the County in the vicinity
of the Swift Creek Reservoir, the County hereby authorizes the acquisition and
construction of the Project.
Section 202. Modification of the Project. The Project may be modified by the
County from time to time; provided, however, that any such modification shall have
been approved in writing by the County Engineer, Brandermill and the Consutling
Engineer.
ARTICLE tli
Authorization, Execution, Form, Registration
and DeliverX of Note and Series of 1976 Bonds
Section 301. Authorization of Series of 1976 Bonds. There are hereby author-
ized to be issued sewer revenue bonds of the County in the aggregate principal
amount not to excedd Two Million Four Hundred Thousand Dollars ($2,400,000) to
provide funds, together with other funds that may be available, to pay the Cost
of the Project.
Section 302. Details of Series of 1976 Bonds. The Bonds authorized hereby
shall be designated "County of Chesterfield, Virginia, Sewer Revenue Bonds (Brande~
mill Project), Series of 1976," shall be coupon bonds registrable as to principal
alone or as to both principal and interest, shall be dated on the first day of
the month in which the Bonds are delivered to the purchasers thereof, and shall
be of t. he denomination of $5,000 each.
If all of the Series of 1976 Bonds are to be issued the Series of 1976 Bonds
shall be numbered from 1 to 480, inclusive, and shall mature serially in numeri-
cal order on the first day of the month in which the Bonds are dated in years
and amounts, as follows:
Year Amount Year Amount
1978 35,000 1990
1979 35,000 1991
1980 35,000 1992
1981 35,000 1993
1982 50,000 1994
1983 50,000 1995
1984 50,000 1996
1985 50,000 1997
1986 50,000 1998
1987 50,000 1999
1988 75,000 2000
1989 75j000 2001
100,000
125 000
150 000
1SO 000
150 000
1SO 000
150 000
150 000
1SO 000
150 000
1SO 000
235 000
If the Bonds are not delivered until 1978 the foregoing maturity schedule shall
begin in 1979 and end in 2002 instead of 1978 and 2001, respectively.
If the pump station described in part (b) of the definition of the Project
is not constructed during the initial two year construction period and while the
Note is still outstanding, then the Series of 1976 Bonds shall be delivered in
two installments. The first installment shall be in the aggregate principal
amount not to exceed $2,1216,000 (or such greater amount to the extent necessary
to fund the cost of the Clover Hill Trunk Sewer, including engineering, in ex-
cess of $266,000 as set forth under the definition of Project) and shall mature
in years and amounts as set forth in the preceding paragraph with a pro-rata
reduction (in multiples of $5,000) to the extent possible in all of the. maturi-
ties over the life of the Series of 1976 Bonds. The second installment of the
Series of 1976 Bonds in an amount not to exceed $184,000 (or such lesser amount
as reduced to add to the first installment of Series of 1976 Bonds in excess of
$2,216,000) shall be delivered at such time as the County shall reasonably deter-
mine the nenessity to construct the pump station described in part (b) of the
definition of the Project. The second installment of the Series of 1976 Bonds
shall mature in years and amounts as shall be set :forth in a supplemental reso-
lution duly adopted by the Board of Supervisors of the County.
The Series of 1976 Bonds shall bear interest payable semiannually on the firs
day of the sixth and twelfth months after the month in which the Series of 1976
Bonds are dated at the rate of 8 1/2% per year; provided that if such rate shall
exceed the maximum rate permitted by law at the time the Series of 1976 Bonds
are delivered, the Series of 1976 Bonds shall bear the maximum rate of interest
permitted by law. The Series o£ 1976 Bonds shall bear interest from their date
until the principal amount thereof is paid, whether at maturity or thereafter.
Both principal and interest shall be payable in lawful money of the United States
of America, but only from the revenues and receipts pledged to the payment there-
of as hereinafter provided. Principal shall be payable upon presentation and
surrender of Bonds at the principal office of Paying Agent. Interest shall be
payable upon presentation and surrender of coupons, if any, at the principal
office of the Paying Agent or to the registered owners of Bonds, if such Bonds
are registered as to both principal and interest, by check or draft mailed to
such registered owners at their addresses as they appear on the registration book
kept by the Paying Agent as Bond Registrar.
Section 303. Authorization and Details of Note. Pending the issuance and
sale of the Series of 1976 Bonds, the County shall borrow funds pursuant to the
Commitment in an amount not exceeding $2,400,000 to pay the Cost of the Project.
Such borrowing shall be evidenced by the Note or.Notes which shall be designated
"Sewer Revenue Bond Anticipation Note (Brandermill Project)," shall be dated as
of February 1, 1976, shall bear interest, payable monthly on the first day of
each month at the rate of 8 1/2% per year on the unpaid principal from the date
of each principal advance shown on the back thereof until such principal sum is
paid whether at maturity or thereafter, and shall mature twenty-four months from
its date. The County shall have the right to prepay the Note at any time upon
issuance of the Series of 1976 Bonds.. Both principal of and interest on the
Note shall be payable at the principal office of the Paying Agent in lawful money
of the United States of America, but only from the proceeds of the Bonds, if
and when issued, and from the revenues and receipts pledged to the payment there-
of as hereinafter provided.
If advances under the initial Note are proposed at any time when the rate of
interest set forth above exceeds the maximum rate permitted by law at such time,
the County shall issue a supplementary note to evidence its obligation hereunder
arising from future advances. The supplementary Note shall be issued upon the
conditions set forth in Section 306 as if the supplementary Note were the initial
Note and the supplementary Note shall be subject to and secured by the same terms
conditions and covenants set forth herein for the initial Note, except that (i)
the maximum principal amount of the supplementary Note shall equal the differ-
ence between the maximum principal amount of the initial Note and the advances
made thereunder, and (ii) the supplementary Note shall bear interest at the maxi-
mum rate permitted by law at such time.
Section 304. Execution of Note and Series of 1976 Bonds. The Series of 1976
Bonds and the Note shall be signed by the manual or facsimile signature of the
Chairman of the Board of Supervisors of the County and countersigned by its Clerk
and the seal of the County shall be affixed thereto or a facsimile printed there-
on. The coupons attached to the Series of 1976 Bonds shall bear the facsimile
signatures of the Chairman and Clerk of the Board of Supervisors of the County.
In case any officer whose signature or a facsimile of whose signature shall ap-
pear on any Bond or coupon or the Note shall cease to be such officer before the
delivery of the Series of 1976 Bonds or the Note, such signature or such fac-
simile shall nevertheless be valid and sufficient for all purposes the same as if!
he had remained in office until such delivery. Any Bond or coupon may bear the
facsimile signature of or may be signed by such persons as at the actual time of
the execution thereof shall be the proper officers to sign such Bond or coupon
although at the date of such Bond such persons may not have been such officers.
Section 305. Form of Note and Series of 1976 Bonds. The Note and the certi-
ficate of principal advances thereon and the Series of 1976 Bonds, the coupons
to be attached thereto and the provision for registration to be endorsed thereon
shall be in substantially the following forms, with appropriate variations,
omissions and insertions as are permitted or required by this Bond Resolution:
(Form of Note)
No. $2,400,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
Sewer Revenue Bond Anticipation Note
(Brandermill Project)
The COUNTY OF CHESTERFIELD, VIRGINIA (the County), for value received, hereby
promises to pay, solely from the source and as hereinafter provided, upon presen-
tation and surrender hereof to or registered assxgns,
the principal sum equal to the aggregate amount of principal advances shown on
the back hereof, but not to exceed the sum of
TWO MILLION FOUR HUNDRED-THOUSAND DOLLARS ($2,400,000)
on I, 19 , and to pay monthly, solely from such source,
interest on the unpaid principa-T from the date of each such advance on the first
day of each month until such principal sum is paid at the rate of eight and one-
half per cent (8 1/2%) per year. Both principal and interest are payable in
lawful money of the United States of America at the principal office of
or its successor as paying agent.
This Note is authorized and issued pursuant to the Public Finance Act (Chap-
ter S, Title 15.1, Code of Virginia of 1950, as amended) in anticipation of the
issuance and sale of the County's Sewer Revenue Bonds (Brandermill Project),
Series of 1976 (the Bonds), in an amount sufficient to pay principal and interest
on this Note at maturity. The proceeds hereof shall be used to provide funds,
together with other funds that may be available, to pay the cost of acquiring and
constructing a sewer project designated as the Project to serve a portion of the
County, the net revenues of which have been pledged to the payment of the Note
and the Bonds. Pursuant to a Sewer Agreement (the Sewer Agreement) dated as of
December 13, 1972 and modified as of October 9, 1974, between the County and
Brandermill, a Virginia joint venture (Brandermill), Brandermill has agreed to
purchase in advance a certain number of connections. Payments by Brandermill
pursuant to the Sewer Agreement have been pledged by the County as additional
security for the Note and the Bonds as provided in the Bond Resolution. The Note
is also payable from the proceeds from the sale of the Bonds. The Note is issued
under and secured by a Bond Resolution adopted by the Board of Supervisors of the
County on February __, 1976 entitled "Resolution Authorizing the Issuance and
Sale of $2,400,000 County of Chesterfield, Virginia, Sewer Revenue Bonds (Brander-
mill Project), Series of 1976, and Notes in Anticipation of the Sale Thereof and
Providing for the Form, Details and Payment Thereof," (the Bond Resolution). Ref-
erence is hereby made to the Bond Resolution and the Sewer Agreement and to all
amendments and supplements thereto for a description of the property pledged and
assigned and the provisions, among others, with respect to the nature and extent
of the security, the rights, duties and obligations of the County and the rights
of the holder of this Note and the terms upon which this Note is issued and
secured.
This Note may be prepaid by the County at any time upon issuance of the Bonds
as provided in the Bond Resolution.
This Note and the interest hereon are limited obligations of the County pay-
able solely from the proceeds of the Bonds, if and when issued, and from the reve-
nues and receipts derived from the ownership and operation of the aforesaid sewer
project, as the same may from time to time exist, which revenues and receipts, in-
cluding payments made pursuant to the Sewer Agreement, have been pledged and as-
signed for the benefit of the holder of this Note and the holders of the Bonds
when issued for such purpose. This Note and the interest hereon shall not be
deemed to'constitute a debt or a pledge of the faith and credit of the Common-
wealth of Virginia, the County or any other political subdivision of the Common-
wealth. Neither the Commonwealth of Virginia, the County, nor any other politi-
cal subdivision of the Commonwealth shall be obligated to pay the principal of
this Note, the interest hereon or other costs incident thereto except from th.e
proceeds of the Bonds, if and when issued, and from the revenues and receipts
pledged therefor and neither' the faith and credit nor the taxing power of the
Commonwealth of Virginia, the County or any other political subdivision thereof
is pledged to the payment of the principal of this Note or the interest hereon
or other costs incident thereto.
Ail acts, conditions and things required by the Constitution and statutes of
the Commonwealth of Virginia to happen, exist or be performed precedent to and
in the i~suance of this Note have happened, exist and have been performed.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Chesterfield,
Virginia, has caused this Note to be signed by the manual signature of its Chair-
man and countersigned by its Clerk, its seal to be affixed hereto and this Note
to be dated as of February 1, 1976.
COUNTERSIGNED: (SEAL)
Clerk, Board of Supervisors of
Chesterfield County, Virginia
Chairman, Board of Supervisors
of Chesterfield County, Virginia
(Form of Certificate of Principal Advances)
CERTIFICATE OF PRINCIPAL ADVANCES
The amount and date of principal advances not to exceed the face amount
hereof shall be entered hereon by the County Treasurer, when the proceeds of
each such principal advance are delivered in accordance with the terms of the
Bond Resolution.
Amount Date Authorized Signature
(Form of Bond)
No. $$,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
Sewer Revenue Bond (Brandermill Project),
Series of 1976
The County of Chesterfield, Virginia (the County), for value received, here-
by promises to pay, solely from the source and as hereinafter provided, to Bear-
er, or if this Bond is registered, to the registered owner, upon presentation
and surrender hereof at the principal office of ,
Virginia, or its successor (the Paying Agent) the principal sum of
FIVE THOUSAND DOLLARS ($5,000)
on 1, 1~__, and to pay, solely from such source, interest
hereon from the date hereof until such principal sum is paid at the rate of eight
and one-half per cent (8 1/2%) per year, payable semiannually 1
and 1. Interest shall be payable upon presentation and sur-
render of the attached coupons, if any, as they become due, at the principal of-
fice of the Paying Agent, or if this Bond is registered as to both principal and
interest, to the registered owner hereof by check or draft mailed to such re-
gistered owner at his address as it appears on registration books kept by the
Paying Agent, as Bond Registrar. Both principal and interest are payable in
lawful money of the United States of America.
This Bond is one of an issue of $2,400,000 County of Chesterfield, Virginia
Sewer Revenue Bonds (Brandermill Project), Series of 1976 (the Bonds), of like
date and tenor, except as to number, maturity and privilege of redemption, author
ized by a Bond Resolution adopted by the Board of Supervisors of the County on
February , 1976 entitled "Resolution Authorizing the Issuance and Sale of
$2,400,00~--County of Chesterfield, Virginia, Sewer Revenue Bonds (Brandermill
Project), Series of 1976, and Notes in Anticipation of the Sale Thereof and Pro-
viding for the Form, Details and Payment Thereof," (the Bond Resolutio~ and is
issued pursuant to the Public Finance Act (Chapter 5, Title 15.1, Code of Vir-
ginia of 1950, as amended) (the Act) to provide funds, together with other funds
that may be available, to pay the cost of acquiring and constructing a sewer
project designated as the Project, to serve a portion of the County, the net
revenues of which have been pledged to the payment of the Bonds. Pursuant to a
Sewer Agreement (the Sewer Agreement) dated as of December 13, 1972 and modified
as of October 9, 1974, between the County and Brandermill, a Virginia joint ven-
ture (Brandermill), Brandermill has agreed to purchase in advance a certain
number of connections. Payments by Brandermill pursuant to the Sewer Agreement
have been pledged by the County as additional security.for the Bonds as provided
in the Bond Resolution. Reference is hereby made to the Bond Resolution and the
Sewer Agreement and all amendments and supplements thereto for a description of
the provisions, among others, with respect to the nature and extent of the secur
ity, the rights, duties and obligations of the County and the rights of the
holders of 'the Bonds and the terms upon which the Bonds are issued and secured,
Additional bonds ranking equally with the Bonds may be issued on the terms pro-
vided in the Bond Resolution.
The Bonds may not be called for redemption by the County prior to
~1, 19 , except as provided herein. Bonds maturing on or after
1, ]9~, are subject to redemption by the County prior to maturity in
whole at any ti~e or in part on any interest payment date on or after
1, 19__, upon payment of the following redemption prices (expressed as
a percentage of principal amount of Bonds to be redeemed) plus accrued interest
to the redemption date:
104 % if redeemed on
103 1/2% if redeemed on
103 % if redeemed on
102 1/2% if redeemed on
102 % if redeemed on ~
101 1/2% if redeemed on --
101 % if redeemed on ~
100 1/2% if redeemed on ~
100 % if redeemed on ~
1 19 to
1 19 to
1 19 to
1 19 to
1 19 to
1 19 to
1 19 to
1 19 to
1, 19--, or thereaf
19__,
19__,
19__,
19__,
19__,
19__,
inclusive;
lnclusive~
inclusive;
~nclusive;
inclusive;
inclusive;
inclusive;
19 , inclusIve; and
er.
If less than all of the Bonds are called for redemption, Bonds shall be
redeemed in the inverse order of their maturities. If less than all of the
BOnds of any maturity are called for redemption, the Bonds to be redeemed shall
be selected by lot by the County Treasurer in such manner as he in his discretion
may determine.
If any of the Bonds are called for redemption, the County Treasurer shall
cause notice of the call for redemption identifying the Bonds to be redeemed to
be published twice in a daily newspaper of general circulation published in Rich-
mond, Virginia, the first of which shall be published not less that 30 nor more
than 60 days prior to the redemption date, and in the case of Bonds registered
as to principal (except to bearer), to be sent by registered or certified mail
to the registered, owner of each such registered Bond to be redeemed at his add-
ress as it appears on the registration books not less than 30 nor more than 60
days prior to the redemption date; provided, however, that failure to give such
notice by mailing, or any defect therein, shall not affect the validity of any
proceedings for the redemption of Bonds. The County Treasurer shall also mail
any such notice to any holder of a Bond who shall have requested that his name
be placed on the list of holders of Bonds maintained by the County Treasurer
pursuant to Section 912 of the Bond Resolution. If all of the Bonds to be re-
deemed are registered (except to bearer), notice of the call for redemption shall i
be by mailing in the manner specified above and notice by publication need not
be given. Ail Bonds so called for redemption shall cease to bear interest on
the redemption date, provided funds for their redemption are on deposit at the
place of payment at that time, shall no longer be secured by the Bond Resolution
and shall not be deemed to be outstanding under the provisions of the Bond Re-
solution.
This Bond and the issue of which it is a part and the interest and premium,
if any, thereon are limit~ed obligations of the County payable solely from the
revenues and receipts derived from the ownership or operation of the aforesaid
sewer project, as the same may from time to time exist, which revenues, includ-
ing payments made pursuant to the Sewer Agreement, have been pledged and assigned
for the benefit of the holders of the Bonds. The Bonds and the interest and
premium, if any, thereon shall not be deemed to constitute a debt or a pledge
of the faith and credit of the Commonwealth of Virginia, the County or any other
political subdivision of the Commonwealth. Neither the Commonwealth of Virginia,
the County nor any other political subdivision of the Commonwealth shall be ob-
ligated to pay the principal of the Bonds, the interest and premium, if any,
thereon or other costs incident thereto except from the funds pledged therefor,
and neither the faith and credit nor the taxing power of the Commonwealth of
.Virginia, the County or any other political subdivision of the Commonwealth is
pledged to the payment of the principal of the Bonds or the interest and premium,
if any, thereon or other costs incident thereto.
This Bond shall pass by delivery unless registered in the name of the owner.
This Bond may be registered as to principal alone and also as to both principal
and interest and, if registered as to both principal and interest, may be recon-
verted into a coupon bond in accordance with the provisions endorsed on the back
hereof and subject to the terms set forth in the Bond Resolution. Prior to due
presentment for r~egistration of transfer the Bond Registrar shall treat the
registered owner, if registered as to principal alone, as the person exclusively
entitled to payment of principal and the exercise of all other rights and powers
of such a registered owner. If the Bond is registered as to both principal and
interest, the Bond Registrar shall, prior to due presentment for registration of
transfer, treat the registered owner as the person exclusively entitled to pay-
ment of principal and interest and the exercise of all other rights and powers
of the owner.
All acts, conditions and things required by the Constitution md statues of
the Commonwealth of Virginia to happen, exist or be performed precedent to and
in the issuance of this Bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the Board of Supervisors of Chesterfield County has
caused this Bond to be signed by the manual or facsimile signature of its Chair-
man and countersigned by its Clerk, its seal to be affixed hereto or a facsimile
printed hereon, the attached interest coupons to be authenticated by the facsimile
signatures of its Chairman and Clerk and this Bond to be dated as of 1,
197_.
COUNTERSIGNED:
~SEAL]
Clerk, Board of Supervisors of Chairman, Board of Supervisors
Chesterfield County, Virginia of Chesterfield, Virginia
(Form of Coupon)
No.
On 1, 19__, unless the Bond to which this coupon is attached
if callable, has been duly called for prior redemption and provision made for
payment thereof, the County of Chesterfield, Virginia, will pay to Bearer, solel~
from the revenues and receipts pledged to the payment of the Bond hereinafter
mentioned, the sum of Dollars ($ ) upon
presentation and surrender hereof at the principal office of ,
as paying agent, or its successor, in lawful money of the United States of
America, being the semiannual interest then due on its Sewer Revenue Bond (Bran-
dermill Project), Series of 1976, dated 1, 197_, and numbered
Clerk, Board of Supervisors of
Chesterfield County, Virginia
Chairman, Board of Supervisors
of Chesterfield County, Virginia
PROVISIONS FOR REGISTRATION AND RECONVERSION
This Bond may be registered as to principal alone on books to be kept by
the Paying Agent as Bond Registrar at its principal office upon presentation
.hereof to such Bond Registrar which shall make note thereof in the registration
blank below. Thereafter the transfer of this Bond may be registered only by the
registered owner in person or by his duly authorized attorney or legal repre-
sentative so noted on such books and in the registration blank below. If this
Bond is registered as to .principal alone, this Bond may be discharged from regis-
tration by being registered to bearer after which it shall again be transferable
by delivery, but it may be registered again as before. Notwithstanding the
registration of this Bond as to principal, the coupons attached hereto shall be
transferable by delivery. This Bond may be registered as to both principal and
interest upon presentation hereof to the Bond Registrar who shall detach and re-
tain in his custody all unmatured coupons and shall make notation of such regis-
tration as to both principal and interest on the registration books and in the
registration blank below. Thereafter the transfer of this Bond may be registered
only by the registered owner in person or by his duly authorized attorney or
legal representative so noted on such books and in the registration blank below.
This Bond, if converted into a bond registered as to both principal and interest,
may be reconverted into a coupon bond, only by the registered owner of his duly
authorized attorney or legal representative, upon presentation hereof to the
Bond Registrar, whereupon the Bond Registrar shall reattach hereto the coupons
representing all unpaid interest on this Bond to the date of maturity and shall
make notation in the registration blank below whether this Bond is registered
as to principal alone or is payable to bearer. The Paying Agent may make a charg,
to any Bondholder requesting such registration, conversion or reconversion in
the amount of any tax or other governmental charge required to be paid with re-
spect thereto.
Date of
Registration
Name of
Registered Owner
Manner of
Registration
Signature of
Bond Registrar
Section 306. Delivery of and Advances on Note. The Chairman and Clerk
of the Board of Supervisors of the County shall deliver the Note when there
have been filed with the County Treasurer the following:
(a) A certified copy of this Bond Resolution.
(b) A certified copy of a resolution or resolutions of the Board of Super-
visors of the County authorizing the execution and delivery of the Sewer Agreement
(c) An original executed counterpart of the Sewer Agreement.
(d) The policies or certificate or certificates of insurance and the certi-
ficate of a person knowledgeable in the insurance business as required by Section
909.
(e) The certificate of the Chairman and the Clerk of the Board of Super-
visors as to "arbitrage" required by proposed or final regulations promulgated
by the Internal Revenue Service pursuant to Section 103(d) of the Code.
(f) A written opinion of an attorney or firm of attorneys recognized on
the subject of municipal bonds that the issuance of the Note has been duly author-
ized and that the interest in the Note is exempt from Federal income taxes in the
hands of ~a holder other than a "substantial user" of the Project, together with
such other documents and certificates as shall be requested by such attorney or
firm of attorneys as a cohdition to the delivery of such opinion.
(g) A request and authorization of the Board of Supervisors of the County,
signed by its Chairman or Vice Chairman, to deliver the Note to such person or
persons named therein.
Principal advances shall be made on the Note up to the authorized principal
amount Upon the presentation of a request of the County, signed by the County
Treasurer, which shall state the amount to be advanced, that he has received a
requisition pursuant to Section 603 for such amount, the form the advancement is
to take, including the party to whom any check or order is to be made, and that
the rate of interest on the Note does not exceed the maximum rate permitted by
law, and a certificate of the Clerk of the Board of Supervisors that of the date
of such request the Bond Resolution has not been amended or repealed and is in
full force and effect~ The County hereby authorizes and directs the County Treas-
urer to obtain such advances, to execute such request and to certify such advances
on the form of the Note when and as such funds shall be necessary to pay the cost
of the acquisition or construction of the Project. The proceeds from advances
made under the Note shall be deposited in the Acquisition and Construction Fund
and used in accordance with Section 602.
Section 307. Delivery of Series of 1976 Bonds. The Chairman and Clerk of
the Board of Supervisors of the County shall deliver the Series of 1976 Bonds in
whole or in part pursuant to the Commitment and Section 302 two years from the
delivery of the Note, or earlier when the Consulting Engineer shall hav.e deter-
mined that all parts of the Project required to be completed by such date have
been completed, and there have been filed with the County. Treasurer the following:il
.(a) A certificate of the County, signed by the Chairman of its Board of
Supervisors, and of Brandermill, signed by one of its partners, stating (1) the
Cost of the Pr'oject required to be completed by such date, including the amounts
previously paid from principal advances under the Note and any items of the Cost
of the Project not previously paid from principal advances under the Note but to
be paid out of the proceeds of the Series of 1976 Bonds; (2) the aggregate princi-
pal amount of Series of 1976 Bonds required to pay the complete Cost of the Proj-
ect; (3) the Sewer Agreement has not been repealed, revoked, rescinded or, ex-
cept in accordance with its terms, amended and is a valid and binding obligation
of the County a~d Brandermill, respectively, enforceable against them in accord-
ance with its terms; (4) there has been no default on the part of the County
under the Bond Resolution or on the part of the County or Brandermill under the
Sewer Agreement; and (S) that nothing has occurred since the delivery of the Note
which would adversely affect this transaction or render the certificates referred
to in Section 306 invalid.
(b) The policies or certificate or certificates of insurance and the cer-
tificate of a person knowledgeable in the insurance business as required by Sec-
tion 909.
(c) The certificate of the Chairman and the Clerk of the Board of Super-
visors as to "arbitrage" required by proposed or final regulations promulgated
by the Internal Revenue Service pursuant to Section 103(d) of the Code.
(d) A written opinion of an attorney or firm of attorneys recognized on the
subject of municipal bonds that the issuance of the Series of 1976 Bonds has been
duly authorized and that the interest on the Series of 1976 Bonds is exempt from
Federal income taxes in the hands of a holder other than a "substantial user" of
the Project, together with such other documents and certificates as shall be re-
quested by such attorney or firm of attorneys as a condition to the delivery of
such opinion.
(e) A request and authorization of the Board of Supervisors of the County,
signed by its Chairman or Vice Chairman to deliver the Series of 1976 Bonds to
such person or persons named therein upon payment to the County Treasurer for the
account of the County of a specified sum.
The proceeds of the Series of 1976 Bonds shall be used by the County Treas-
urer, on behalf of the County, to pay the unpaid principal of and interest on the
Note and the balance shall be.deposited in the Acquisition and Construction Fund
and used in accordance with Section 602 to pay all items of the Cost of the Proj-
ect not previously paid from principal advances under the Note.
Section 308. Registration of Bonds; PersOns Treated as Owners. The Paying
Agent shall act as Bond Registrar and shall maintain registration books for the
registration and the registration of transfer of the Bonds. Any of the Bonds may,
at the request of the holder thereof, be registered as to principal alone upon
presentation at the principal office of the Bond Registrar, which shall note
such registration on the registration books and on the Bond. Thereafter the trans-
fer of such Bond may be registered only by the registered owner in person or by
his duly authorized attorney or legal representative on such registration books
and similarly noted on the Bond upon presentation to the Bond Registrar. Such
Bond may be discharged from registration by being in like manner registe~e8 to
bearer, after which it shall again become transferable by delivery, but it may be
registered again as before. Registration of any Bond as to principal alone shall
not affect the negotiability of the coupons appertaining thereto, and title to
every coupon shall continue to pass by delivery. Any of the Bonds may be regis-
tered as to both principal and interest upon presentation at the principa. 1 office
of the Bond Registrar, which shall detach and retain in its custody all unmatured
coupons and shall make notation of such registration as to both principal and
interest in the registration books and on the Bond. Thereafter the transfer of
the Bond may be registered only by the registered owner in person or by his duly
authorized attorney or legal ~repres~ntat~i~ on such registration books and simi-
larly noted on the Bond upon presentation to the Bond Registrar. Any Bond so
converted into a Bond registered as to both principal and interest may be recon-
verted into a coupon Bond upon presentation thereof to the Bond Registrar in like
manner, 'whereupon the Bond Registrar shall reattach thereto the coupons repre-
senting the interest to become due thereafter on such Bond to the date of maturit'
and shall make a notation in the registration books and on the Bond whether the
Bond is to be registered as to principal alone or is payable to bearer. The Pay-
ing Agent may make a charge to any Bondholder requesting such registration, con-
version or reconversion in the amount of any tax or other governmental charge re-
quired to be paid with respect thereto. The Bond Registrar shall not be required
to make any such registration or registration of transfer during the 15 days im-
mediately preceding an interest payment date or, in the case of any proposed re-
demption of Bonds, after such Bond has been selected for redemption. Prior to
due presentment for registration of transfer the Bond Registrar shall treat the
registered owner, if registered as to principal, as the person exclusively en-
titled to payment of principal and the exercise of all other rights and powers
of an owner of a Bond registered as to principal alone. If the Bond is regis-
tered as to principal and interest, prior to due presentment for registration of
transfer the Bond Registrar shall treat the registered owner as the person ex-
clusively entitled to payment of principal and interest and the exercise of all
'other rights and powers of the owner.
Section 309. Temporar~ Bonds; Definitive Bonds. Prior to the preparation
of bands in definitive form the County may issue temporary bonds in registered
or bearer form and in such denominations as it may determine, but otherwise in
substantially the form hereinabove set forth, with appropriate variations, omis-
sions and insertions. Upon request of the holders of such temporary bonds the
County shall promptly prepare, execute and, upon presentation and surrender of
bonds in temporary form in exchange therefor, deliver bonds in definitive form,
of the same maturity for the same aggregate principal amount. Until exchanged
for bonds in d~finitive form, bonds in temporary form shall be entitled to the
lien and benefit of this Bond Resolution. Bonds in definitive form will be pre-
pared on steel engraved borders by a recognized bank note printer.
CUSIP identification numbers shall be placed on bonds in definitive form,
but no such number shall constitute a part of the contract evidenced by the par-
ticular bond upon which it appears, no liability shall attach to the County or
any officer or agent thereof, including any Paying Agents, by reason of such num-
bers or any use made thereof, including any use thereof made by the County, any
such officer or any such agent, or by reason of any error or ommission with re-
spect thereto or in such use. Neither the failure to plac'e such numbers on any
Bond nor any error with respect thereto shall constitute cause for failure or
refusal by the purchaser thereof to accept delivery of and pay for the Bonds in
accordance with the terms of its undertaking. Ail expenses in relation to the
assignment of such numbers shall be paid by the County.
Section 310. Mutilated, Lost or Destroyed Bonds. Should any of the Bonds
become mutilated or be lost or destroyed, the County shall cause to be executed
and delivered, a new bond of like date, number and tenor in exchange and sub-
stitution for, and upon cancellation of, such mutilated bond and its interest
coupons, or in lieu of and in substitution for such lost or destroyed bond and
its unmatured interest coupons. Such new bond or coupons shall be executed and
delivered only when the holder has paid ~he reasonable expenses and charges of
the County in connection therewith and, in the case of a lost or destroyed bond,
has filed with the County Treasurer evidence satisfactory to him that such bond
was lost or destroyed and that he was the owner thereof and the holder has fur-
nished to the County Treasurer idemnity satisfactory to him.
Section 311. Additional Paying Agents. The County shall cause the nec-
cessary arrangements to be made, if requested to do so by the holders of 25% in
aggregate principal amount of Bonds then outstanding, for the designation of ad-
ditional paying agents.
ARTICLE IV
Redemption of Bonds
Section 401. Redemption Dates and Prices. The Series of 1976 Bonds may
not be called for redemption by the County prior to February 1, 1988, except as
provided herein.
Series of 1976 Bonds maturing on or after February 1, 1989, are subject
to redemption by the County prior to maturity in whole at any time or in part
on any ~interest payment date on or after February 1, 1988, upon payment of the
following redemption prices (expressed as a percentage of principal amount of
Bonds to be redeemed) plus accrued interest to the redemption date:
104 % if redeemed on February 1, 1988 to January 31, 1989
103 1/2% if redeemed on February 1, 1989 to January 31, 1990
103 % if redeemed on February 1, 1990 to January 31, 1991
102 1/2% if redeemed on February 1, 1991 to January 31, 1992
102 % if redeemed on February 1, 1992 to January 31, 1993
101 1/2% if redeemed on February 1, 1993 to January 31, 1994
101 % if redeemed on February 1, 1994 to January 31, 1995
inclusive;
inclusive;
inclusive;
inclusive;
inclusive;
inclusive;
inclusive;
100 1/2% if redeemed on February 1, 1995 to January 31, 1996, inclusive;
and
100 % if redeemed on February 1, 1996 or thereafter.
Notwithstanding the foregoing if the Series of 1976 Bonds are dated in a
month other than February or in a year other than 1977, then the foregoing re-
demption provisions shall be modified accordingly to reflect that the Series of
1976 Bonds maturing on the first day of the month in which the Bonds are dated
of the eleventh year following the date of the Series of 1976 Bonds shall be
subject to redemption as provided above, but shall be subject to redemption
ginning on the first day of the month in which the Series of 1976 Bonds are datedl
in the tenth year following the date of the Series of 1976 Bonds.
If less than all of the Series of 1976 Bonds are called for redemption,
Bonds shall be redeemed in the inverse order of their maturities. If less than
all of the Bonds of any maturity are called for redemption, the Bonds to be
deemed shall be selected by lot by the County Treasurer in such manner as in his
discretion he may determine.
Additional Bonds may be called for redemption on such dates and at such
prices as may be provided in the supplemental resolution pursuant to which they
are issued.
Section 402. Notice of Redemption. The County Treasurer shall cause
notice of the call for redemption identifying the Bonds to be redeemed to be
published twice in a daily newspaper of general circulation published in Rich-
mond, Virginia, the first of which shall be published not less than 30 nor more
than 60 days prior to the redemption date, and in the case of Bonds registered
as to principal (except to bearer), to be sent by registered or certified mail
to the registered owner of each such registered Bond to be redeemed at his ad-
dress as it appears on the registration books not less than 30 nor more than 60
days prior to the redemption date; provided, however, that failure to give such
notice by mailing, or any defect therein, shall not affect the validity of any
proceedings for the redemption of Bonds. The County Treasurer shall also mail
any such nOtice to any holder of a Bond who shall have requested that his name
be placed on the list of holders of Bonds maintained by the County Treasurer
pursuant to Section 912 of the Bond Resolution. If all of the Bonds to be re-
deemed are registered (except to bearer), notice of the call for redemption shall
be by mailing in the manner specified above and notice by publication need not
be given If, because of the temporary or permanent suspension of the publica-
tion or general circulation of any newspaper or for any other reason, it is im-
possible or impractical to publish such notice of call for redemption in the
manner herein provided, then the County Treasurer shall make such publication
in lieu thereof as he shall determine to be reasonable.
Prior to the date fixed for redemption, funds shall be placed with the pay-
ing agents to pay the principal of and premium, if any, on the Bonds called for
redemption and accrued interest thereon to the redemption date. Upon.the hap-
pening of the above conditions, the Bonds thus called for redemption shall cease
to bear interest from and after the redemption date, shall no longer be protected
by this Bond Resolution and shall not be deemed to be outstanding under the pro-
visions of this Bond Resolution.
Section 403. Cancellation. All Bonds which have been redeemed, as well
as any Bonds which have been purchased pursuant to Section 710, together with
the unmatured coupons appertaining thereto, shall not be reissued but shall be
cancelled and, if not already held by the County Treasurer, shall be delivered
to the County Treasurer.
Section 404. Unpaid Coupons. All unpaid interest coupons which appertain
to Bonds called for redemption and which shall have become payable on or prior
to the date fixed for redemption shall continue to be payable'to the bearers of
such coupons upon presentation and surrender thereof.
ARTICL£ V
Additional Bonds
Section 501. Issuance of Additional Bonds. At any time while the County
is not in default under this Bond Resolution and subject to receipt by the County
Treasurer of the documents listed in Section S03, the County may issue one or
more series of Additional Bonds for the purposes set forth in Section 502. Each
such series of Additional Bonds shall be issued pur. suant to a resolution sup-
plementing this Bond Resolution and shall be equally and ratably secured under
this Bond Resolution with' the Series of 1976 Bonds and any other series of Ad-
ditional Bonds issued pursuant to this article, without preference, priority or
distinction of any Bonds over any other Bonds. Unless provided otherwise in a
resolution supplementing this Bond Resolution, all such Additional Bonds shall
be in substantially the same form as the Series of 1976 Bonds, but shall be of
such denomination or denominations, bear such date or dates, bear interest at
such rate or rates, have such maturity date or dates, redemption dates and re-
demption premiums, contain an appropriate series designation, and be issued
at such price or prices as shall be approved by Brandermill. In the event that
any bonds of a series of Additional Bonds shall be issued as term bonds, such
supplement shall provide for sinking fund payments to be made into the Debt Ser-
vice Fund in such amounts and upon such conditions as may be necessary to pro-
vide for payment of such term bonds at or prior to their maturity.
Section 502. Purposes of Additional Bonds. Additional Bonds may be issued
(a) to pay the Cost of completion of the Project, (b) to pay the 'Cost of acqui
sition or construction of improvements, extensions, additions and replacements
to the Project that are of such nature as to be chargeable to fixed captial ac
count, by good accounting practice, (c) to refund all or a portion of a series
of Bonds, (d) to pay the Cost of such sewer or sewage disposal projects which
the County may acquire, construct or operate and which it may designate a part of
the System, or (e) for any combination of such purposes.
Section 503. Delivery of Additional Bonds. The Chairman and Clerk of
the Board of Supervisors of the County may deliver Additional Bonds when there
have been filed with the County Treasurer the following:
(a) A certificate of the Board of Supervisors of the County, signed by
its Chairman or Vice Chairman, that the County is not in default under this Bond
Resolution.
(b) A certified copy of a resolution or resolutions of the Board of Super
visors o.f the County, (1) supplementing this Bond Resolution, (2) authorizing the
issuance, sale, execution and delivery of such Additional Bonds, (3) specifying
the interest rate or rates for the Additional Bonds and (4) stating:
(i) The redemption price of any Bonds to be refunded, interest ac-
crued thereon to the date fixed for redemption and the expenses incidenta
to such redemption;
(ii) the annual amounts required to be deposited in the Debt Service
Fund; and
(iii) the cost of each purpose for which the Additional Bonds are to
be issued, the amount of capitalized interest, if any, during acquisition
or construction, stating that such other sewer or sewage disposal proj-
ects, if any, shall be a part of the System and pledging the revenues and
receipts from such other sewer or sewage disposal projects for the bene-
fit of the Bondholders.
(c) If the Additional Bonds are to be issued to complete the Project, a
Certificate of the Consulting Engineer to that effect.
(d) If the Additional Bonds are to be issued for any purpose other than
the re'funding of Bonds or completion of the Project,
(1) a certificate of an independent certified public accountant
stating that for each of the last two fiscal years prior to the proposed
issuance of the Additional Bonds the Net Revenues derived from the owner-
ship or operation of the System were not less than 125% of the average of
the sum of (i) the amounts required to provide for payments of principal
of and interest on the Series of 1976 Bonds then outstanding for such two
years and (ii) the amount required by Section 707 to be paid into the
Debt Service Fund for such two years with respect to any Additional Bonds
then outstanding; and
(2) a certificate of the Consulting Engineer stating the estimated
cost of such acquisition or construction, his opinion that the proceeds
from the sale of the Additional Bonds, together with other funds that may
be available for such purpose, w. ill be sufficient to pay the estimated
cost thereof, and his opinion that the Net Revenues as estimated by him to
be derived from the ownership or operation of the System as enlarged by
such acquisition or construction for each succeeding fiscal year will be
not less than 125% of the sum of (i) the amounts required to provide for
payments of principal of and interest on the Series of 1976 Bonds then
outstanding and (ii) the amounts required by Section 707 to be paid into
the Debt Service Fund for each such year with respect to any Additional
Bonds then outstanding and the Additional Bonds proposed to be issued.
(e) A written opinion of an attorney or firm of attorneys recognized on
the subject of municipal bonds that the issuance of the Additional Bonds has been
duly authorized and that all conditions precedent to their delivery have been
fulfilled.
(f) A request and authorization of the Board of Supervisors of the County
signed by its Chairman or Vice Chairman, to deliver the Additional Bonds to such
person or persons named therein upon payment to the County Treasurer for the ac-
count of the County of a specified sum.
Section 504. Proceeds of Additional Bonds. The County Treasurer shall
apply the proceeds from the sale of any Additional Bonds as follows:
(a) The amount received as accrued interest, if any, shall be deposited
with the Caunty Treasurer in the Interest Account in the Debt Service Fund.
(b~ The amount received as capitalized interest during acquisition or
construction, if any, as stated pursuant to Section 50-3(b) (4) (iii) shall be
deposited with the County Treasurer in the Interest Account in the Debt Service
Fund.
(c) If any of the Additional Bonds are authorized for the purpose of re-
funding of bonds, the County Treasurer shall apply to such refunding an amount
equal to the redemption price, accrued interest and expenses as stated pursuant
to Section 503(b) (4) (i).
(d) If any of the Additional Bonds are authorized for any purpose other
than the refunding of bonds, the County Treasurer shall deposit in the Acquisition
and Construction Fund an amount equal to the cost of each purpose for which the
Additional Bonds are to be issued as stated pursuant to Section 503(b) (4)(iii),
and the moneys so deposited shall be applied thereto in the same manner as if
each such purpose were a part of the Project at the time of the issuance of the
Series of 1976 Bonds.
ARTICLE VI
Custody and Application of Bond Proceeds
Section 601. Acquisition and Construction Fund. There is hereby estab-
lished with the County Treasurer a trust fund designated the Acquisition and
Construction Fund into which shall be deposited the amounts required by Sections
306, 307 and 504(d), together with all other funds received by the County from
any source for the acquisition or construction of the Project, to be used by the
County Treasurer in the amount hereinafter provided for payment of the Cost of
the Pro~ect. The contribution of the County School Board, described in part (b)
of the definition of Project shall be deposited in the Acquisition and Construc-
tion Fund and applied to the Clover Hill Trunk Sewer in accordance with the pro-
visions hereof. Any funds remaining in the Acquisition and Construction Fund
from such contribution in excess of the Cost of the Project for such Trunk Sewer
shall be returned to the County School .Board upon completion of the Construction
of the Clover Hill Trunk Sewer.
Section 602. Cost of Project. For the purposes of this Bond Resolution
the Cost of the Project shall include, without intending to limit or restrict
any proper definition of such cost under any applicable laws or sound accoUnting
practice, the following:
(a) obligations incurred for labor, materials, machinery and equipment
as payable to contractors, builders and materialmen in connection with the acqui- il
sition or construction of any part of the Project and for the restoration or re-
location or property ~amaged or destroyed in connection with such acquisition or
.construction;
(b) land, interests in land and improvements thereon required for the
Project, including abstracts and reports on titles to real estate;
(c) taxes and other governmental charges levied or assessed during con-
struction of the Project, or on any property acquired therefor, and premiums on
insurance in connection with the Project during construction;
(d) interest on the Note and the Bonds during acquisition or construction
of the Project and for one year after completion thereof; amounts to be used to
pay interest during the year after completion of the Project shall, upon delivery
of the Bonds, be placed in the Interest Account of the Debt Service Fund;
(e) fees and expenses of architects and engineers for estimates, surveys
and other preliminary investigations, preparation of plans, drawings and speci-
fications and supervision of construction, as well as for the performance of all
other duties of architects and engineers in relation to the acquisition or con-
struction of the Project or the issuance of the Note and the Bonds;
(f) legal, accounting and financial advisory fees and expenses, under-
writing fees, rating agency fees and printing costs incurred in connection with
the authorization, sale and issuance of the Note and the Bonds, this Bond Reso-
lution and all other documents in connection therewith;
(g) expenses of administration, supervision and inspection properly charge~
able to the Project and all other items of expense, not elsewhere specified in
this section incident to the acquisition, construction, financing and placing the
Project in operation; and ~
(h) amounts advanced by or loaned to the County and expended for any of i
the foregoing purposes.
Section 605. Payments from Acquisition and Construction Fund. The County
Treasurer shall use moneys in the Acquisition and Construction Fund solely to pay
the Cost of the Project. Before any payment shall be made from the Acquisition
and Construction Fund, there shall be filed with the County Treasurer:
(a) A requisition, signed by an Authorized Representative of the County,~
stating:
(1) the name of the person, firm or corporation to whom the payment
is due;
(2) the amount to be paid; and
(3) the purpose in reasonable detail for which the obligation to be
paid was~incurred.
(b) A certificate attached to the requisition, signed by an Authorized
Representative of the County, stating that:
(1) the obligations stated on the requisition have been incurred in
or about the acquisition or construction of the Project, each item is a proper
charge against the Acquisition and Construction Fund and the obligation has not
been the basis for a prior requisition which has been paid;
(2) such requisition contains no items representing payment on ac-
count'~ of any retained percentages entitled to be retained at the date of the
certificate; and
(3) the payment of such requisition will not result in less that sub-
stantially all of the proceeds of the Bonds expended or to be expended under such
requisition and all prior requisitions being c~nsidered as having been used for
the acquisition of construction of land or property of a character subject to the
allowance for depreciation within the meaning of Section 103(c) (6) (A) of the Code
nor shall such payment result in less than substantially all of such proceeds be-
ing used to provide sewage facilities within the meaning of Section 103(C)(4)(E)
of the Code.
(c) A certificate, signed by the Consulting Engineer~ stating as to pay-
ments to be made for labor or to contractors, builders or materialmen in connectio~
with such construction, that obligations as stated on the requisition have been
properly incurred and such work was actually performed or such materials, supplies
or equipment were actually furnished or installed in or about the construction of
the Project; and
(d) If any requisition includes an item for payment of the cost of ac-
quisiti~on of~ any lands, easements or rights Or interests in or relating to lands,
there shall also be attached to such requisition:
(1) a certificate, signed by the Consulting Engineer, stating that
such lands, easements, rights or~ interests are being acquired and are
necessary or convenient for the construction of the Project; and
(9): a written opinion of counsel for the County stating that upon
payment therefor the County will have title in fee simple to, or ease~
ments sufficient for the purposes of the Project over and through,~ such
lands.
Upon receipt of each such requisition and accompanying certificates the
County Treasurer shall make payment from the Acquisition and Construction FUnd in
accordance with such requisition.
Section 604. Moneys Held in Trust. The moneys held in the Acquisition
and Construction Fund shall be trust funds and are hereby pledged pursuant to
Section 15.1-199 of the Public Finance Act (Chapter S of Article iS of the Code
of Virginia of 19S0, as amended) to the payment of the principal of and interest
on the Bonds and the Note, subject only to the right to make application to the
payment of the Cost of the Project as provided herein. The lien and trust hereby
created are for the benefit of the holders of the Bonds and the Note issued and
outstanding hereunder and for the additional security of all such holders until
both the Bonds and the Note have been paid.
Section 605. Disposition of Balance in Acquisition and Construction Fund.
When the Project shall have been completed and a certificate, signed by the Author
ized Representative of the County, and concurred in by the Consulting Engineer,
stating the date of completion and what items of the Cost of the Project, if any
have not been paid and for the payment of which moneys should be reserved in the
Acquisition and Construction Fund shall have been filed with the County Treasurer,
the balance of any moneys remaining in the Acquisition and Construction Fund in
excess of the amount to be reserved for payment of unpaid items of the Cost of
the Project shall be deposited in the Debt Reserve Fund.
ARTICLE VII
Revenues and Funds
Section 701. Revenue Covenant. The County covenants that so long as the
Note or any of the Bonds are outstanding,
(a) it will fix, charge and collect such rat~s, fees and other charges
for the use of and for the services furnished by the System and will, from time
to time and as often as shall appear necessary, revise such rates, fees and other
charges so as to produce in each fiscal year Net Revenues, including the amounts
required to be paid by Brandermill pursuant to the Sewer Agreement, equal to the
sum of (1) an amount required to provide for payment of principal of and interest
on the Note and the Series of 1976 Bonds during the then current fiscal year and
(2) the amount required by Section 707 to be paid into the Debt Service Fund dur-
ing the then current fiscal year with respect to any Additional Bonds then out-
standing; and
(b) it will not reduce any rates, fees or other charges for the use of
and for the services furnished by the System unless such reduction shall have
approved in writing by the Consulting Engineer and a copy of such approval shall
have been ~led with the County Treasurer.
Section 702. Free Service. Enforcement of Charges. (a) The County shal
not permit connections to or use of the System or provide any services of the
System without making a charge therefor.
(b) The County may require the owner, tenant or occupant of each lot or
parcel of land who is obligated to pay rates, fees or charges for the use of and
for the services furnished by the System to make a reasonable deposit with the
County in advance to insure payment of such rates, fees or charges and to be sub-
ject to application to the payment thereof if and when delinquent. If the County
elects to require such deposits it shall establish with the County Treasurer a
security deposit fund into which all customers, security deposits shall be de-
posited and held and disbursed as provided by the rules and regulations of the
County.
(c) If any rates, fees or charges for the use of and for the services
furnished bY the System shall not be paid within 60 days after the same shall be-
come due and payable, or within such shorter time as may be determined by the
County, the County shall at the expiration of such period disconnect the premises
from the System or otherwise suspend service to such premises until such delin-
quent rates, fees or charges and any interest, penalties or charges for reconnec~
tion shall have been paid in full; provided, however, that such services shall
be suspended if the State Health Commissioner, upon application of the board of
health or the health officer~of the County, shall have found and shall certify to
the County that'suspending such services will endanger the health of the persons
occupying such premises or the health of others.
(d) The County shall take all such reasonable action as may be necessary
to perfect liens upon real estate for the amount of any unpaid rates, fees or
other charges for the use of and for the services furnished by the System, and
for the interest that may accrue thereon, so that such liens will be binding upon
subsequent bona fide purchasers for valuable consideration without actual notice
thereof.
The County shall take all such lawful action as may be reasonably neces-
sary from time to time to effectuate the foregoing provisions of this section.
Section 703. Annual Budget. (a) On or before each June 1 the County
shall adopt a budget for the System for the ensuing fiscal year which shall be
called the Annual Budget.
(b) The Annual Budget shall be prepared in such manner as to show in
reasonable detail as to such fiscal year all rates, fees and other charges esti-
mated to be derived from, and the Operating Expenses estimated to be incurred in
connection with, the ownership or operation of the System. The County shall com-
ply with any reasonable request of the County Treasurer, Brandermill and the Con-
sulting Engineer as to the classifications in which such budget shall be prepared.
The Annual Budget shall not be adopted until it has been approved in writing by
Brandermill and the ~Consulting Engineer, which approval shall not be unreasonably
withheld. Copies of the Annual Budget shall be filed with the County Treasurer
and Brandermill not later than June 15 prior to the beginning of the fiscal year
for which it is prepared and mailed to any Bondholder who may have requested the
same in writing filed with the County.
(c) If for any reason an Annual Budget has not been adopted within the
time required by subsection (b) of this section, the last previously adopted Annual
Budget shall be deemed to provide for and regulate and control expenditures during
such fiscal year until an Annual Budget for such fiscal year shall have been
adopted.
(d) The County may amend the Annual Budget at any time with the approval
in writing of Brandermill and the Consulting Engineer. Copies of all such amend-
ments shall be filed promptly with the County Treasurer and Brandermill.
Section 704. Establishment of Funds. The following trust funds to be held
by the County Treasurer are hereby established:
(a) Revenue Fund;
(b) Operating Fund;
Debt Service Fund, in which there are established an Interest Account
and a Principal Account;
(d) Debt Reserve Fund; and
(e) Improvement Fund.
Section 705. Revenue Fund. Except to the extent insurance proceeds are
deposited in the Acquisition and Construction Fund pursuant to Section 909, all
Revenues derived from the System shall be collected and deposited in the Revenue
Fund as received.
Section 706. Operating Fund. As of the first day of each month, but not
later than the tenth day thereof, the County Treasurer shall transfer from the
Revenue Fund to the Operating Fund such amount, if any, needed to increase the
balance therein to the sum of (a) the amount of the Operating Expenses for the
next succeeding three months as provided in the Annual Budget and (b) the aggre-
gate amount of all checks outstanding and unpaid drawn upon the Operating Fund.
The County Treasurer shall pay the Operating Expenses from the Operating Fund as
the same become due and in accordance with the purposes and amounts provided in
the Annual Budget.
Section 707. Debt Service Fund. As of the first day of each month, but
not later than the tenth day thereof, after making the transfer to the Operating
Fund required by Section 706, the County Treasurer shall transfer from the Revenue
Fund to the Debt Service Fund such amounts as shall be necessary to make the fol-
lowing deposits:
(a) first, in the Interest Account, such amount, if any, as may be re-
quired to make the total amount on deposit therein equal to the amount of interest
which will become due on the Bonds within the next succeeding six months; and
(b) then, in the Principal Account, such amount, if any, as may be re-
quired (1) to pay Bonds maturing within the next succeeding twelve months and (2)
to meet any sinking fund requirement with respect to any issue of term Bonds.
The County Treasurer shall pay or cause to be paid the principal of and
interest on the Bonds from the Principal Account and the Interest Account, re-
spectively, as the same become due. In the event the balance in the Interest
Account or the Principal Account is insufficient therefor, the County Treasurer
shall transfer from the Debt Reserve Fund such amount as may be necessary there-
for; provided, however, that the amount of any such transfer shall be added to
the amount otherwise required to be transferred to the Debt Service Fund on each
subsequent payment date until the amount of such insufficiency shall have been
made up. In the event the balance in the Debt Service Fund shall exceed the
amount required to be on deposit therein, the excess shall be transferred to the
Debt Reserve Fund until its requirement has been met and then to the Improvement
Fund.
~ection 708. Debt Reserve Fund. As of the first day of each month, but
not later than the tenth day thereof, after making the transfers to the Operating
Fund and Debt Service Fund required by Sections 706 and 707, respectively~ the
County Treasurer shall transfer such amount, if any, from any balance remaining
in the Revenue Fund to the Debt Reserve Fund as may be necessary to increase the
amount on deposit therein to the sum of (a) the amounts required to provide for
payments of principal of and interest on the Series of 1976 Bonds then outstand-
ing for the next succeeding twelve months and (b) the amount required by Section
707 to be paid into the Debt Service Fund for such twelve months with respect
to any Additional Bonds then outstanding. The Debt Reserve Fund shall be used
to make transfers to the Debt Service Fund to the extent necessary to pay the
interest on the Bonds as the same becomes due and to complete the annual trans-
fers, if any, to the Principal Account~ In the event the balance in the DEbt
Reserve Fund shall fall below the amount required to maintain the completed re-
serve, there shall be transferred from the Improvement Fund to the Debt Reserve
Fund such amount as may be required to eliminate the deficiency. In the event
the balance in the Debt Reserve Fund shall exceed the amount required therefor,
the excess shall be transferred to the Improvement Fund.
Section 709. Improvement Fund. As of the first day of each month, but~
not later than the tenth day thereof, after making the transfers to the~Operating
Fund, Debt Service Fund and Debt Reserve Fund required by Sections 706, 707 and
708, respectively, the County Treasurer shall transfer any balance remaining in
the Revenue Fund to the Improvement Fund. Moneys available in such fund shall be
used in the following order:
(a) to pay the cost of operation, maintenance, repairs and replacements
for the System for which the balance in the Operating Fund may be insufficient;
(b) to pay interest on the Bonds and to complete the annual transfers,
if any, to the Principal Account for which the balances in the Debt Service Fund
and Debt Reserve Fund may be insufficient;
(c) to make up a deficiency in the Debt Reserve Fund;
(d) to pay the cost of the third pump at the Bailey Bridge Pump Station,
as described in part (a) of the definition of Project, to the ~extent not paid from
the proceeds of the Series of 1976 Bonds;
(e) to make payments, as provided in the Sewer Agreement, to Brandermill
for the purchase of certain facilities or the oversizing of lines from Brander-
mill under such Agreement;
(f) to pay the cost of acquisition or construction of capital improve-
ments, extensions, additions and replacements which constitute or will constitute
a part of the System; provided, however, that the same shall have been approved
in writing by Brandermill and the Consulting Engineer; and
(g) to purchase, with the consent of Brandermill, for cancellation, Bonds
at or below their current redemption price; or to redeem Bonds.
When the balances in the Debt Service Fund, Debt Reserve Fund and Improve-
ment Fund are sufficient to redeem all the Bonds then outstanding and all pay-
ments shall have been made to Brandermill as provided in the Sewer Agreement, the
balances in the Debt Service Fund and Debt Reserve Fund shall be transferred to
the Improvement Fund to be held for redemption of the Bonds at the earliest prac-
ticable date and for no other purpose.
Section 710. Pledge of Revenues. Ail Revenues derived from the System,
including payments by Brandermill pursuant to the Sewer Agreement (Exhibit B
thereto having been superseded by Exhibit B attached hereto to reflect the 8-1/2%
rate of interest on the Series of 1976 Bonds), and all moneys in the Revenue Fund,
Operating Fund, Debt Service Fund, Debt Reserve Fund and Improvement Fund shall
be trust funds and are hereby pledg~ pursuant to Section 15.1-199 of the Public
Finance Act (Chapter 5 of Title 1S.1 of the Code of Virginia of 19S0, as amended)
to the payment of the principal of and interest on the Note and the Bonds, sub-
ject only to the right to make application thereof to other purposes as provided
herein. The lien and trust hereby created are for the benefit of the holders of
the Note and the Bonds and for their additional security until the Note and all
the Bonds have been paid. Nothing in this Section shall be construed to restrict
the right of the County, if it should so elect, to pay the principal of, premium,
if any, and interest on the Note and the Bonds from any funds available to it.
Section 711. Disposition of Balances after Payment of Bonds. After the
principal of, premium, if any, and interest on the Note and all of the Bonds and
all expenses, payments and charges herein required have been paid or provision
therefor has been made, the County Treasurer shall remit to the County's general
utility fund any balance remaining in any fund then held by him. The maintenance
of the Project shall thereafter be provided from and by way of such general util-
ity fund.
ARTICLE VIII
Investments and Security for Deposits
Section 801. Investment of Funds. The County Treasurer shall invest (a)
all moneys in the Acquisition and Construction Fund, the Revenue Fund and the
Operating Fund not immediately necessary for the purposes thereof in (1) bonds,
Treasury notes and other obligations of the United States of America and those
unconditionally guaranteed as to payment of principal and interest by the United
States of America and (2) savings accounts or time deposits in any bank within
the Commonwealth of Virginia approved for the deposit of funds by the Commonwealth
provided that no such deposits shall be made for any one period in excess of one
year, and (b) all moneys in the Debt Service Fund, the Debt Reserve Fund and the
Improvement Fund not immediately necessary for the purposes thereof in (1) bonds,
Treasurty notes and other obligations of the United States of America and those
unconditionally guaranteed as to the payment of principal and interest by the
United States of America, (2) bonds and notes of the Federal Land Banks, Federal
Home Loan Banks and Federal National Mortgage Association, (3) obligations of the
Federal Intermediate Credit Corporation and Federal Banks for Cooperatives, (4)
obligations issued by the United States Postal Service when principal and interest
thereon are guaranteed or assumed by the United States of America, (5) savings
accounts or time deposits in any bank within the Commonwealth of Virginia a'pproved
for the deposit of funds by the Commonwealth, provided that no such deposits made
under this subsection (S) shall be made for any period in excess of one year, (6)
full faith and credit obligations of the Commonwealth of Virginia or of any county
city or town or other Public body or political subdivision thereof having general
powers of taxation upon which there is no default, and (?) to the extent then per-
mitted by the laws of the Commonwealth of Virginia, obligation of the Commonwealth
of Virginia or of any public body or political subdivision thereof having gener~al
powers of taxation u'pon which there is no default, and (8) to the extent then per-
mitted by the laws of the Commonwealth of Virginia, any other investments (except
for obligations of the Commonwealth of Virginia or any public body or political
subdivision thereof not qualifying under subsection (6) and obligations of any
other ~state or public body or subdivision thereof not unconditionally guaranteed
by the full faith and credit of such state or public body or political subdivision
thereof having general powers of taxation) which subsequent to the adoption of thisl
Bond Resolution are authorized by laws of the Commonwealth of Virginia for invest-
ment of public funds. All such investments shall be of such term or maturity as
might be reasonably expected to provide funds for the contemplated application of
the proceeds thereof without sale of such investments for such purpose.
Any such investments and the income thereon shall be deemed at all times a
part of such funds. Any profit realized from such investments shall be credited
to such funds and any loss resulting from such investments shall be charged
against such funds. The County Treasurer shall sell and reduce to cash a suffi-
cient amount of such investments whenever the cash balance in such funds is in-
sufficient for the purposes thereof.
Section 802. Investment of Surplus Funds. The County Treasurer shall pro-
vide for the investment of all moneys in any fund not immediately necessary for
the purposes of such fund so that all idle moneys may be invested at interest for
the benefit of the Bondholders.
Section 803. Valuation of Investments. In computing the amount in any
fund created by this Bond Resolution, obligations purchased as an investment of
moneys therein shall be valued at cost or principal amount thereof, whichever is
lower, exclusive of accrued interest, except that investments in the Debt Reserve
Fund shall be valued at cost or market value thereof, whichever is lower, exclus-
ive of accrued interest. Such valuation of the Debt Reserve Fund shall be made
on June 30 and December 31 in each year.
Section 804. Security for Deposits. Ail moneys in the funds created by
this Bond Resolution hereunder which are on deposit with any bank or trust com-
pany shall be continuously secured in the manner required by the Virginia Security
for Public Deposits Act (Chapter 23, Title 2.1, Code of Virginia of 1950, as
amended).
ARTICLE IX
Particular Covenants
Section 901. General. The County hereby particularly covenants and agrees
with the holders of the Note and the Bonds and the coupons, if any, appertaining
thereto and makes provisions which shall become a part of its contract with the
holders of such Note and Bonds and coupons as set forth in the following sections
of this article.
Section 902. Payment of Note and Bonds and Performance of Other Obligation~
The County shall pay When due the principal, of, premium, if any, and interest on
the Note and the Bonds and shall observe and perform all convenants, conditions
and agreements contained in the Note or the Bonds or in this Bond Resolution. The
Note and the Bonds are limited obligations payable solely from (a) rates, rents,
fees, charges and other revenues or receipts derived from the ownership or opera-
tion of the System, which are hereby specifically pledged to such purposes in the
manner and to the extent provided herein, (b) from payments made pursuant to the
Sewer Agreement, and (c) from the funds established pursuant hereto and as pro-
vided herein. The Note is also payable from the proceeds of the Series of 1976
Bonds. Nothing in the Note or the Bonds or in this Bond Resolution shall be deemed
to create or constitute an indebtedness, of or a pledge of the full faith and
credit of the County, the Commonwealth of Virginia or any other political sub-
division of the Commonwealth. The issuance of the Note and the Bonds and the
undertaking of such covenants , conditions and agreements shall not directly,
indirectly or contingently obligate the County, the Commonwealth or any county,
city, town er other political subdivision to levy any taxes whatever therefor or
to make any appropriation therefor except from the funds hereby pledged.
Section 903. ~cquisition or Construction of System. The County shall
(a) obtain all approvals, permits and cansents required by law as a con-
dition precedent to the acquisition, construction~ development and operation of
all partes of the System;
(b) complete the acquisition or construction of the Project in a sound
and economical manner and in conformity with all applicable requirements of gov-
ernmental authorities;
(c) require each person, firm or corporation with whom it may contract
for labor or materials in connection with the construction of the System to fur-
nish a performance bond in the full amount of any contract exceeding $5,000 and
to carry such public liability, property damage and builders' risk insurance as
may be recommended by the Consulting Engineer, and in the event of any default
under any such contract and the failure of the surety to complete the contract,
the proceeds of such performance bond shall be deposited forthwith in the Ac-
quisition and Construction Fund and applied toward'the completion of the contract
in connection with which such performance bond shall have been furnished;
(d) provide and maintain competent and adequate architectural or engi- .
~eering services for the supervision and inspection of the acquisition or con-
struction of all phases of the System; and
(e) provide in al! contracts for construction that payments thereunder
shall not be made by the County in excess of 90% of current estimates of work
completed except payment of the final balance due under any such contract.
Section 904. Operation and Maintenance. The County shall establish and
enforce reasonable rules and regulations governing the use and services of the
System, maintain and operate the System in an efficient and economical manner
pursuant to the Annual Budget, maintain the same in good repair and sound opera-
ting condition and make all necessary repairs, replacements and renewals. Ail
compensation, salaries, fees and wages paid by it in connection with the opera-
tion, maintenance and repair of the System shall be reasonable. The County shall
comply with all valid acts, rules, regulations, orders and directions of any
legislative, executive, administrative or judcial body applicable to the System
or the County.
Section 905. Consulting Engineer. The County shall at all times employ
as Consulting Engineer an engineering firm or individual engineer of recognized
standing and experience in the field of sanitary engineering, whose duties shall
include supervision of the acquisition or construction of the System, inspections
and annual reports of the System and advice as to its proper operation, mainten-
ance and repair. The County shall obtain the written consent of Brandermill,
which shall not be unreasonably withheld or refused, as to the employment of such
Consulting Engineer.
Section 906. Sale or Encumbrance. Neither the System nor any integral
part thereof shall be leased, sold, encumbered or otherwise disposed of, unless
the proceeds of such sale shall be sufficient to pay the principal of, premium,
if any, and interest on the Note and all of the Bonds then outstanding, as the
case may be, and the proceeds are used for such purpose; provided, however, that
the County may grant easements, licenses o'r permits across, over or under parts
of the System for streets, roads and utilities as will not adversely affect the
use of the System and provided, further, that upon compliance with the provisions
of this section the County may sell or otherwise dispose of any property consti-
tuting a part of the System which is no longer needed or useful therefor. No
such property shall be sold or otherwise disposed of unless there is filed with
the County Treasurer a certificate, signed by the Chairman or Vice Chairman of
the Board of Supervisors of the County, stating that such property is no longer
needed or useful in the operation of the System and, if the proceeds to be re-
ceived for such property shall exceed $10,000, there shall also be filed with the
County the written approval of Brandermill and the Consulting Engineer. Any pro-
ceeds to be received from such sale or disposition not used to replace such prop-
erty shall be deposited in the Debt Reserve Fund, and if no further transfers
are required to be made to such fund, t~hen to the Improvement Fund. Any such
deposists shall not reduce the amounts required to be transferred to such funds
by other provisions of this Bond Resolution.
Section 907. Creation of Liens. The County shall not create or suffer
to be created any lien re charge upon the System or any part thereof or any lien
or charge upon the revenues pledged herein ranking eually with or prior to the
lien anc charge of the Note and the Bonds, except as provided herein.
Section 908. Title to Lands. The County shall make no contract requiring
payment for labor or to contractors, builders or materialmen on account of the
construction or improvement of any part of the System unless such'part is located
on lands to which title in fee simple or over which easements sufficient for the
purposes of the System are owned or can be acquired by the County or unless such
part is lawfully located in a public street or highway.
Section 909. Insurance. The County shall continuously maintain insur-
ance against such risks as are customarily insured against by other public bodies
and private corporations owning and operating similar systems, paying as the same
become due all premiums in respect thereto, including without limitation:
(a) Insurance in the amount of the replacement cost thereof, or such lesse:
amount as may be recommended by the Consulting Engineer, on all above-ground
structures and all other insurable portions of the System against loss or damage
by fire and lightning, with standard extended coverage endorsement, including
difference in condition coverage, at the time in use in Virginia. Ail proceeds
of such insurance shall be applied promptly to the repair or replacement of the
property damaged or destroyed.
(b) Insurance to the extent of $500,000 per person and $1,000,000 per
occurrence against liability for bodily injury, including death resulting there-
from, and to the extent of $100,000 per occurrence against liability for damage
to property, including loss of use thereof, arising out of the ownership, mainte-
nance or use of the System.
(c) Workmen's compensation insurance in such amounts and upon such terms
so that the County will not be considered a self-insurer of its liability to its
employees engaged in on-site work associated with the System under the Virginia
Workmen's Compensation Act, provided that if such insurance is not currently
available, the County shall allocate as part of the cost of operating the System
a pro-rata part of anx cost of self-insurance based on the amount of time its
employees are engaged in such on-site work in connection with the System.
(d) Surety bonds on all officers and employees of the County who may han-
.dle funds appertaining to the System, such bonds to be in such amounts as are
customarily carried by other public bodies and private corporations owning and
operating similar systems.
Ail such insurance shgll be taken out and maintained in generally recog-
nized'responsible insurance companies qualified to do business in Virginia se-
lected by the County and may be written with deductible amounts comparable to
those on similar policies carried by other public bodies and systems of like size
and character. In each.such policy other than policies of workmen's compensation
insurance the County and the County Treasurer for the benefit of the holders of
the Note and the Bonds then outstanding shall be named as insureds or additional
insureds. The policies of insurance required by this section (except subsections
(b) and (c) hereof) shall require that all net proceeds resulting from any claim
be paid to the County Treasurer for the benefit of the holders of the Note and
the Bonds then outstanding. Unless a policy with such an undertaking is avail-
able only at a cost which the County, with the approval of the County Treasurer,
determines to be unreasonable, each such policy shall contain an undertaking by
the insurer that such policy shall not be modified adversely to the interests of
the holder of the Note or the Bondholders, as the case may be, or cancelled with-
out at least 30 days' prior notice to the County Treasurer.
Ail such policies shall be deposited with the County Treasurer; provided
that in lieu of such policies there may be deposited with the County Treasurer
a certificate or certificates of the respective insurers attesting the fact that
the insurance required by this section is in force and effect. The County shall
furnish to the County Treasurer prior to the issuance of the Note or any Bonds
under this Bond Resolution and annually thereafter a certificate of a person
selected by the County and knowledgeable in the insurance business reciting that
all policies required to be in effect at that time are in full force and effect
and that such policies and the insurance evidenced thereby comply with and satisfy
all the requirements of this section. Prior to the expiration of any such policy,
the County shall furnish the County Treasurer evidence satisfactory to the County
Treasurer that the policy has been renewed or replaced or is no longer required
by this Bond Resolution.
Ail moneys received by the County Treasurer for losses under the insurance
policies required by subsection (a) of this Section shall be paid into the Ac-
quisition and Construction Fund and used only for repairing the property damaged
or replacing the property destroyed, and provision for making good such repair
or replacement shall be made as soon as practicable. Surplus insurance proceeds
remaining after the loss or damage covered thereby have been satisfied or restored
shall be deposited in the Revenue Fund and applied as provided therin.
Section 910. Books and Records; Annual Inspections and Reports. The
County (including the County Treasurer as to all financial records) shall keep
proper books of records and accounts, separate from any of its other records and
accounts, showing complete and correct entries of all transactions relating to
the System, and any bondholder shall have the right at all reasonable times to
inspect the System and all records, accounts and data relating thereto. The
County shall also cause a certified audit of its books and accounts to be made by
an independent certified public accountant at the end of each fiscal year which
shall reflect in reasonable detail the financial condition and record of opera-
tion of the System, including specifically the rates charged, the number of con-
nections served and the tap fees collected for new connections. At the request
of the holder of the Note or the holders of a majority in aggregate principal
amount of the Bonds then outstanding the County shall cause the System to be in-
spected every two years by the Consulting Engineer who shall make a written re-
port thereof which shall ine'lude his findings and recommnedations as to the main-
tenance of the System and the construction of additions, extensions and improve-
ments thereto and capital replacements thereof. Such engineer's reports shall be
completed in sufficient time so that the County may take into account any recom-
mendations thereof in preparing the Annual Budget. Promptly upon receipt of each
audit report and engineer's report, the County shall cause copies thereof to be
filed with the County Treasurer, Brandermill and in the office of the County
Administrator and m~iled to any Bondholder who may have requested the same in
writing.
The County Treasurer shall file with the Board of Supervisors of the County
and Brandermill on or before the fifteenth day of each Janaury and July a state-
ment setting forth in respect of the preceding six calendar months or as of the
last day of the preceding month, as the case may be:
(a) the amount withdrawn or transferred and the amount deposited on
account of each fund held under the provisions of this Bond Resolution;
(5) the amount on deposit to the credit of each such fund;
(c) a brief description, including valuation in accordance with Sec-
tion 803, of all investments held for each such fund;
(d) the amount, if any, applied to the purchase or redemption of
Bonds under the provisions of Section 709 and a description of the Bonds so pur-
chased or redeemed; and
(e) any other information which the Board of Supervisors of the
County may reasonably request.
Section 911. Limitation on Use of Bond Proceeds. The Note and the Bonds
are industrial development bonds under Section i03(c)(2) of the Code, and are
being issued pursuant to Section 103(c)(4)(E) which generally allows the exclusior
from gross income of interest on any obligation which is issued as a part of an
.issue substantially .all of the proceeds of which are to be used to provide sew-
age disposal facilities. As the parties intend that interest on the Bonds shall
continue to be.exempt from Federal income taxation, the County shall take no
action with respect to the use of the proceeds from the sale of the Note or the
Bonds that will result in the~ loss of the Federal income tax exemption under
Section 103(c)(4)(E) and it will take no other action which would cause the loss
of the exemption of interest on the Note or the Bonds from Federal income taxa-
tion.
The County covenants with the holders of the Note and all the Bonds and
the coupons, if any, appertaining thereto, that (a) it will take no action, nor
shall the County Treasurer make any investment or use of the proceeds of the Note
or the Bonds or take any other action, which would cause the Note or the Bonds
to be "arbitrage bonds" within the meaning of Section 103(d) of the Code and the
proposed or final regulations thereunder and (b) barring unforeseen circumstances
it will not approve the use of the proceeds from the sale of the Note or the
Bonds otherwise than in accordance with the County's "arbitrage certificate"
given immediately prior to the issuance of the Note and the Bonds, respectively.
Section 912. List of Bondholders. To the extent that such information
shall be made known to the County under the terms of Section 308 and this Section
912, it will keep on file at the office of the County Treasurer a list of names
and addresses of the last known holders of all Bonds payable to bearer and be-
lieved to be held by each of such last known holders. Any Bondholder may request
that his name and address be placed on said list by filing a written request
with the County Treasurer, which request shall include a statement of the prin-
cipal amount of Bonds held by such holder and the numbers of such Bonds. To
said list the County Treasurer shall add the names and addresses of the holders
of all registered Bonds which may from time to time be registered upon the re-
gistration books maintained pursuant to Section 308.
ARTICLE X
Remedies of Bondholders
Section 1001. Event of Default Defined. Each of the following events is
hereby declared an "Event of Default":
(a) if punctual payment of principal of and interest on the Note shall
not be made when the s~me shall become due and payable; or
(b) if payment of the interest on or the principal (either at maturity
or by sinking fund payment with respect to any issue of term bonds) and the
redemption premium, if any, of any of the Bonds shall not be made when the same
shall become due and payable, whether at stated maturity, upon proceedings for
redemption or upon maturity by declaration; or
(c) if the County shall discontinue for more than 60 days or unreasonably
delay or fial to carry on ~th reasonable dispatch the acquisition and construc-
tion of the Project; or
(d) if the County shall for any reason be rendered incapable of fulfill-
ing its obligations hereunder; or
(e) if any substantial part of the System shall be destroyed or damaged
to the extent of impairing its efficient operation or adversely affecting to a
substantial degree its gross revenues and for any reason shall not be promptly
repaired, replaced or reconstructed (whether such failure ?promptly to repair,
replace or reconstruct the same be due to the impracticability of such repair,
replacement or reconstruction or to lack of funds therefor or for .any other rea-
son); or
(f) if final judgment for the payment of money shall be rendered against
the County as the result of its ownership or operation of the System and any
such judgment shall not be discharged within 60 days from the entry thereof or an
appeal shall not be taken therefrom or from the order, decree or process upon
which or pursuant to which such judgment shall have been granted or entered, in
such manner as to stay the execution of or levy under such judgment, order, de-
cree or process or the enforcement thereof; or
(g) if an order or decree shall be entered, with the consent or acquies-
cence of the County, appointing one or more receivers of the System or any part
thereof or the revenues thereof, or if such order or decree, having been entered
without the acquiescence or consent of the County, shall not be vacated or dis-
charged or stayed on appeal within 60 days after the entry thereof; or
(h) if any proceeding shall be instituted, with the consent or acquiescence
of the County, for the prupose of effecting a composition between the County and
its creditors or for the purpose of adjusting the claims of such creditors, pur-
suant to any federal or state statute now or hereafter enacted; or
(i) failure to maintain the insurance required by Section 909; or
(j) if the County shall default in the due and punctual performance, of any
of the other covenants, conditions, agreements and provisions contained in the
Note or the Bonds or in this Bond Resolution and to be performed by it, and such
default shall have continued for 30 days after written notice, specifying such
default and requiring the same to be remedied, shall have been filed with the
County by the holder of the Note or the holders of not less than 25% in aggregate
principal amount of the Bonds then outstanding.
The foregoing provisions of this Section 1001 are subject to the following
limitations: if by reason of acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders of any kind of the government of the
United States 'or of the Commonwealth of Virginia or any of their departments,
agencies, political subdivisions or officials, or any civil or military authority;!
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hur-
ricanes; storms; floods; washouts; droughts; arrests; restraint of government and
people; civil disturbances; explosions; breakage or accident to machinery, trans-
mission pipes or canals; partial or entire failure of utilities; or any other
cause or ~vent not reasonably within the control of the County; the County is
unable in whole or in part to carry out its agreements herein contained, other
than the obligations on the part of the County to make the payments required by
Section 302 and Article VII hereof, the County shall not as a result of such in-
ability be deemed in default during the continuance of such inability, including
a reasonable time for the removal of the effect thereof. The County agrees, how-
ever, to use its best efforts to remedy with all reasonable dispatch the cause or
causes preventing it from carrying out its agreements; provided, that the settle-
ment of strikes, lockouts and other industrial disturbances shall be entirely
within the discretion of the County, and the County shall not be required to make
settlement of strikes, lockouts and other industrial disturbances by .acceding to
the demands of the opposing party or parties when such course is in the judgement
of the County unfavorable to the County.
Section 1002. Remedies upon Default. Upon the happening of an Event of
Default, the holders of the Note and Bonds shall have the following rights and
remedies:
(b) The holder of the Note or the holders of not less than 25% in aggre-
gate principal amount of Bonds then outstanding, as the case may be, may, proceed
to protect and enforce the rights of the holders of the Note or the Bonds as the
(a) The holder of the Note or holders of not less than 25% in aggregate
principal amount of the Bonds then outstanding, as the case may be, by written
notice filed with the County Treasurer declare the principal of the Note or the
Bonds then outstanding, as the case may be, to be immediately due and payable,
and upon such declaration such Note or Bonds, as the case may be, shall become
and be immediately due and payable, anything in the Note or the Bonds or in this
Bond Resolution to the contrary notwithstanding. If, however, the County shall
thereafter make good such default and any other default hereunder [except default
in payment of principal of the Note or the Bonds so declared payable) the holder
of the Note or the holders of not less than a majority in aggregate principal
amount of Bonds then outstanding may, by notice in writing filed with the County
Treasurer, rescind and annul such declaration and all its consequences, but no
such rescission or annulment shall affect any subsequent default or right rela-
tive thereto.
case may be, by suit, action or special proceeding in equity or at law, either
for the specific performance of any convenant or agreement or execution of any
power, or for the enforcement of any proper legal or equitable remedy as may be
deemed most effectual to protect and enforce such rights, including, without
limitation, mandamus, the fixing of rates and the collection and proper applica-
tion of the revenues from the System, and in addition shall be entitled to and
shall have, regardless of the sufficiency of any security or the availability of
any remedy, the appointment of a receiver havi'ng full power to administer and
operate the System. Nothing herein contained shall be construed to give the hol-
ders of the Note or the Bonds authority to compel a foreclosure or sale of the
System or any part thereof.
(c) The holder of the Note or the holders of not less than 25% in aggre-
gate principal amount of the Bonds then outstanding may call a meeting of the
holders of Bonds for the purpose of electing a bondholders' committee. At such
meeting the holders of not less than a majority in aggregate princ.ipal amount
of the Bonds outstanding must be present in person or by proxy in order to con-
stitute a quorum for the transaction of business, less than a quorum, however,
having power to adjourn from time to time without any other notice than the an-
nouncement thereof at the meeting. A quorum being present at such meeting the
Bondholders present in person or by proxy may, by a majority of the votes cast,
elect one or more persons, who may or may not be Bondholders, to the Bondholders'
Committee which shall act as trustee for all Bondholders. The Bondholders pres-
ent in person or by proxy at said meeting, or at any adjourned meeting thereof
(i) shall prescribe the manner in which the successors of the persons elected
to the Bondholders Committee at such Bondholders' meeting shall be elected or
appointed; (ii) may prescribe rules and regulations governing the exercise by the
Bondholders' Committee of the power conferred upon it herein; and (iii) may pro-
vide for the termination of the existence of the Bondholders' Committee. The
Bondholders'Committee elected by the Bondholders in the manner herein provided,
and their successors, as a committee, are hereby declared to be trustees for the
holders of all the Bonds then outstanding, and are empowered to exercise in the
name of the Bondholders' Committee as trustee, to the exclusion of all other
bondholders except as provided in the second paragraph of Section 1004, all the
rights and powers conferred in this Bond Resolution on any Bondholder; provided,
however, that where any provision hereof requires the consent or approval or con-
currence of the holders of a specified percentage in aggregate principal amount
of the Bonds then outstanding, in order to exercise the right or power conferred
in this Bond Resolution on the holders of the Bonds to which such percentage ob-
tains, any such Bondholders' Committee either shall have been elected by or their
election shall have been approved by or concurred in, and such committee shall
then represent, the holders of such specified percentage in aggregate principal
amount of the Bonds. All rights of action (including the right to file proof of
claims) under this Bond Resolution or under any of the Bonds may be enforced by
the Bondholders' Committee without the possession of any of the Bonds or the pro-
duction thereof in any trial or other proceeding relating thereto and any such.
· suit or proceeding instituted by the Bondholders' Committee shall be brought in
its name as the Bondholders' Committee without the necessity of joining as
plaintiffs or defendants any holders~ of the Bonds, and any recovery of judgment
shall be for the equal benefit of the holders of the outstanding Bonds.
'Section 1003. Application of Moneys. All moneys received pursuant to any
right given or action taken under the provisions of this article shall, after
payment of the cost and expenses of the proceedings resulting in the collection
of such moneys, be applied to the payment of the note or, if the Note has been
paid and the Bonds are outstanding, be deposited in the Debt Service Fund and
all moneys in the Debt Service Fund shall be applied as follows:
(a) Unless the principal of all the Bonds shall have become or shall have
been declared due and payable, all such moneys shall be applied:
First - To the payment to the persons entitled thereto of all installments
of interest then due on the Bonds, in the order of the maturity of the in-
stallments of such interest and, if the amount available shall not be suf-
ficient to pay in full any particular installment, then to the payment
ratably, according to the amounts due on such installment, to the persons
entitled thereto, without any discrimination or preference except as to
any difference in the respective rates of interest specified in the Bonds;
and
Second - To the payment to the persons entitled thereto of the unpaid prin-
cipal of and premium, if any, on any of the Bonds which shall have become
due (other than Bonds called for redemption for the payment of which moneys
are held pursuant to the provisions of this Bond Resolution), in the order
of their due dates, with interest on such Bonds at the respective rates
specified therein from the respective dates upon which they become due and,
if the amount available shall not be sufficient to pay in full Bonds due
on any particular date, together with such interest, then first to the pay-
ment of such interest ratably, according to the amount of such interest
due on such date, and then to the payment of such principal, ratably, ac-
cording to the amount of principal due on such date, to the persons en-
titled thereto, without any discrimination or preference except as to any
difference in the respective rates of interest specified in the Bonds; and
Third - To the extent permitted by law, to the payment to the persons en-
titled thereto of the unpaid interest on overdue installments of interest
ratably, according to the amounts of such interest due on such date, with-
out any discrimination or preference except as to any difference in the
respective rates of interest specified in the Bonds.
(b) If the principal of all the Bonds shall have become due or shall have
been declared due and payable, all such moneys shall be applied to the payment
of the principal and interest then due and unpaid upon the Bonds, without pref-
erence or priority of principal over interest or of interest over principal, or
of any installment or interest over any other installment of interest, or of any
Bond over any other Bond, ratably, according to the amounts due respectively
for principal and interest, to the persons entitled thereto, without any dis-
crimination or privilege.
(c) If the principal of all the Bonds shall have been declared due and
payable, and if such declaration shall thereafter have been rescinded and annulled
under the provisions of this article then, subject to the provisions of subsec-
tion (b) of this section, in the event that the principal of all the Bonds shall
later become due or be declared due and payable, the moneys shall be applied in
accordance with the provisions of subsection (a) of this section.
Whenever moneys are to be applied pursuant to the provisions of this sec-
tion, such moneys shall be applied at such times and from time to time, having
due regard to the amount of such moneys available for application and the like-
lihood of additional moneys becoming available for such application in the future.
Whenever such moneys shall be applied, a date shall be fixed by a court of com-
petent jurisdiction (which shall be an interest payment date unless another date
shall be more suitable) upon which such application is to be made and upon such
date interest on the amounts of principal to be paid on such dates shall cease
to accrue. Such notice as appropriate shall be made of the deposit of any such
moneys and of the fixing of any such date, and no payment shall be required to
be made to the bearer of any unpaid coupon or the holder of any Bond until such
coupon or such Bond and all unmatured coupons, if any, appertaining to such Bond
shall be presented for appropriate endorsement or for concallation if fully paid.
Section 1004. Restriction on Independent Suits. No holder of the Note
and the Bonds, as the case may be, shall have any right to institute any suit,
action or special proceeding in equity or at law for the execution of any trust
hereunder or for any other remedy hereunder except as provided herein. It is
understood and intended that no holder of the Note or any Bonds, as the case may
be, shail have any right in any manner whatever by his action to affect, disturb
or prejudice the security of this Bond Resolution or to enforce any right here-
under except in the manner herein provided and, if the Note has been paid and
the Bonds are outstanding, all proceedings in equity or at law shall be instituted
had and maintained in the manner herein provided and for the benefit of all Bond-
holders.
Nothing in this Bond Resolution or in the Note or the Bonds or the coupons
appertaining thereto shall affect or impair the obligation of the County, which
is absolute and unconditional, to pay from the sources herein provided on the re-
spective dates of maturity or redemption and at places provided therein the prin-
cipal of, premium, if any, and interest on the Note or each of the Bonds, as the
case may be, to the respective holders thereof, or affect or impair the right of
action, which is also absolute and unconditional, of any holder to enforce such
payment of his Note or Bond, as the case may be.
Section 1005. Waivers of Events of Default. Any Event of Default here-
Under and its consequences shall be waived or any declaration of maturity of prin-
cipal of and interest on the Note or the Bonds, as the case may be, shall be re-
scinded upon the written request of the holder of the Note, if then outstanding,
and otherwise, upon the written request of the holders of (a) a majority in ag-
gregate principal amount of Bonds then outstanding in respect of which default in
the payment of principal and/or premium, if any, and/or interest exists, or (b)
a majority in aggregate principal amount of Bonds then outstanding in the case of
any other default; provided, however, that there shall not be waived without the
consent of the holder of the Note or, if the Note has been paid and the Bonds are
outstanding, the holders of all of the Bonds then outstanding (1) any event of
default in the payment of the principal of the Note or any outstanding Bonds at
the date of maturity specified therein, or (2) any default in the payment when due i
of the interest on the Note or any outstanding Bonds unless, prior to such waiver
or rescission, all arrears of interest, with interest (to the extent permitted by
law) at the rate borne by the Note or Bonds on overdue installments of interest
in respect of which such default shall have occured, or all arrears of payments
of principal and premium, if any, when due, as the case may be, shall have been
paid or provided for, and in case of any such waiver or rescission, or in case
any proceeding taken on account of any such default shall have been discontinued
or abandoned or determined adversely, then and in every such case the County and
the holders of the Note or the Bonds, as the case may be, shall be restored to
their former positions and rights hereunder respectively, but no such waiver or
rescission shall extend to any subsequent or other default or impair any right
consequent thereon. '
Section 1006. Restoration of Rights after Proceeding. If any proceeding
shall be undertaken by the holder of the Note or a Bond, as the case may be, and
thereafter shall be discontinued or abandoned, the County and the holders of the
Note or Bonds, as the case may be, shall be restored to their former positions
and rights as if no proceeding had taken place,
Section 1007. Right of Noteholder and Bondholders to Direct Proceedings.
Anything in this Bond Resolution to the contrary notwithstanding, the holder of the
Note or the holders of a majority in aggregate principal amount of the Bonds then
outstanding, as the case may. be, shall have the right to direct the method and
place of conducting all remedial proceedings to be taken hereunder; provided, how-
ever, that such direction shall not be otherwise than in accordance with the pro-
visions of law and of this Bond Resolution.
Section 1008. Delay and Waiver. No delay or omission on the part of any
holder of the Note or any Bonds, as the case may be, to exercise any right or
power accruing upon any default or event of default shall impair any such right or
power or shall be construed to be a waiver of any such default or event of default
or acquiescence therein, and every such right and power may be exercised from time
to time and as often as may be deemed expedient.
No waiver of any default or Event of Default hereunder by any holder of
the Note or any Bonds, as the case may be, shall extend to or shall affect any sub-
sequent default or Event of Default or shall impair any rights or remedies conse-
quent thereon.
Section 1009. Remedies Cumulative. No remedy conferred hereby is intended
to be exclusive of any other remedy, and every remedy shall be cumulative and in
addition to every other remedy herein or now or hereafter existing in equity, at
law or by statute.
ARTICLE XI
Amendments
Section 1101. Amendments not Requiring Consent of Noteholder and Bond-
holders. The County may, from time to time, without the consent of or notice to
the holders of the Note or any of the Bonds, as the case may be, adopt resolu-
tions supplemental hereto, not inconsistent with the terms and provisions hereof,
for any one or more of tho following purposes:
(a) to cure any ambiguity or formal defect or omission or to correct any
inconsistent provisions in the Bond Resolution or in any supplemental resolution;
(b) to grant to or confer upon the holders of the Note or the Bonds~ as
the case may be, any additional rights, remedies, powers, or authority that may
lawfully be granted to or conferred upon the holders of the Note or the Bond-
holders;
'(c) to add to the covenants and agreements of the County in this Bond
Resolution other covenants and agreements to be observed by the County;
(d) to supplement this Bond Resolution in connection with the issuance
of Additional Bonds pursuant to Article V.
No such supplemental resolution shall become effective until certified
copies have been filed with the County Treasurer.
Section 1102. Amendments Requiring Consent of Noteholder and Bondholders.
Exclusive of amendments authorized by Section 1101 and subject to the terms and
provisions of this section, the holder of the Note or, if the Note has been paid
and the Bonds are outstanding, the holders of not less than two-thirds in aggre-
gate principal amount of the Bonds then ~utstanding shall have the right~ from
time to time, to consent to and approve the adoption of such resolution or reso-
lutions supplemental hereto as shall be deemed necessary or desirable by the
~County for the purchase of modifying, altering, amending, adding to or rescinding
in any particular, any of the terms or provisions contained in this Bond Resolu-
tion or in any supplemental resolution; provided, however, that nothing herein
contained shall permit or be construed as permitting (a) an extension of the
maturity (whether at the stated maturity or at the time fixed for any mandatory
redemption thereof) of the principal of or the interest on the Note or any Bond,
as the case may be, or (b) a reduction in the principal amount of or premium, if
any, on the Note or any Bond, as the case may be, or the rate of interest there-
on, or (c) the creation of a lien upon or a pledge of revenues other than the
lien and pledge created by this Bond Resolution, or (d) if the Note has been paid
and the Bonds are outstanding~ a privilege or priority of any bond or bonds over
any other bond or bonds or (e) if the Note has been paid and the Bonds are out-
standing, a reduction in the aggregate principal amount of Bonds required for
consent to such amended or supplemental Bond Resolution.
Section 1103. Adoption and Consent to Amendment. Upon the adoption of
any supplemental resolution for any of the purposes of Section 1102, certified
copies thereof shall be filed with the County Treasurer for inspection by the
holder of the Note or any Bond~ as the case may be. The Clerk of the Board of
Supervisors of the County, shall cause a copy of such Supplemental resolution
or a summary thereof, together with a request to the holder of the Note or the
Bondholders, as the case may be, for their consent thereto to be published at
least once in a daily newspaper of general circulation published in Richmond,
Virginia, and in the case of Bonds registered as to principal (except to bearer)
to be sent by registered or certified mail to each registered owner at his
dress as it appears on the registration books; provided, however, that failure
to give such notice by mailing, or any defect therein, shall not affect the
validity of any proceedings for the redemption of Bonds. The Clerk of the Board
of Supervisors of the County shall also mail any such notice to any holder of a
Bond who shall have requested that his name be placed on the list of holders of
Bonds maintained by the County Treasurer pursuant to Section 912 of the Bond
Resolution. If all of the Bonds then outstanding are registered as to principal
(except to bearer), notice of the adoption of such supplemental resolution shall
be by mailing in the manner specified above and notice by publication need not
be given. If, within one year after the date of the adoption of such supple-
mental resolution~ the Board of Supervisors of the County shall file with the
County Treasurer an instrument or instruments in writing purporting to be exe-
cuted by the holder of the Note or the holders of not less than two-thirds in
aggregate principal amount of the Bonds then outstanding, as the case may be,
which shall refer to the supplemental resolution and shall specifically consent
to and approve the adoption thereof, together with a certified copy of such
supplemental resolution a~d the written opinion of counsel recognized on the sub-
ject of municipal bonds stating that such supplemental resolution has been duly
adopted, is authorized or permitted by this resolution and is valid and legally
binding upon the County and enforceable in accordance with its terms, such sup-
plemental resolution shall thereupon be effective as to the holder of the Note
or the holders of all the Bonds then outstanding, as the case may be.
Section 1104. Amendment by Unanimous Consent. Notwithstanding any other
provision herein, the County may amend any term or provision of this Bond Reso-
lution or any supplemental resolution upon adoption of a supplemental resolution
and filing with the County Treasurer of a certified copy thereof, together with
the written consent to and approval of the holder of the Note or the holders of
all of the Bonds then outstanding, as the case may be, to the adoption thereof.
A certified copy of such supplemental resolution, together with copies of such
consents shall also be filed with the Clerk of the Board of Supervisors.
Section 1105. Effect of Amendments. This Bond Resolution shall be deemed
modified and amended~ and the respective rights, duties and obligations hereunder
of the County and the holder of the Note or all holders of the Bonds then out-
standing, as the case may be, shall be determined and enforced under the provis-
ions of this Bond Resolution, as so modified and amended, upon the~ adoption of
any supplemental resolution as provided in this article.
ARTICLE XII
Defeasance
Section 1201. Discharge upon Payment of Note and Bonds. If the Note or,
if the Note has been paid and the Bonds are outstanding, the Bonds shall have be-
come due and payable at maturity or, in the case of the Bonds shall have been duly
called for redemption and the full amount of the principal, premium, if any, and
interest so due and payable upon the Note or all the Bonds then outstanding shall
have been paid at the time and in the manner provided therein and in this Bond
Resolution, and all other amounts to be paid hereunder, including the payments
mentioned in Section 1202(c), then the right, title and interest of any holder of
the Note or any Bonds, as the case may be~ in the revenues and receipts and the
other moneys, funds and securities pledged under this Bond Resolution and all
covenants, agreements and other obligations of the County to the holder of the
Note or the Bondholders, as the case may be, under this Bond Resolution shall cease
determine and be void and the County shall be discharged from its obligations
hereunder. In such event all moneys and securities not required for the payment
of the principal, premium, if any, and interest on the Bonds, may be used by the
County for any lawful purpose.
Section 1202. Discharge Prior to Payment of Bonds. Bonds or coupons for
the payment or redemption of which moneys shall be held by the Paying Agent (other
than the County Treasurer), whether at or prior to the maturity or redemption
date of such Bonds, shall be deemed to have been paid within the meaning of Sec-
tion 1201, provided that the following conditions shall have been fulfilled:
(a) if any such Bonds are to be redeemed prior to maturity, the County
s'hall have taken all'action necessary to redeem such Bonds and notice of such
redemption shall have been duly given or provision satisfactory to the P'aying
Agent (other than the County Treasurer) shall have been made for the giving of '
such notice;
·
(b) if the maturity or redemption date of any such Bonds shall not have
arrived, the County (1) shall have deposited with the Paying Agent (other than
the County Treasurer)sufficient moneys, or direct obligations of or obligations
unconditionally guaranteed by the United States of America the principal of and
interest on which when due will be sufficient, to pay principal, premium, if any,
and interest to the date of such maturity or redemption upon such Bonds at the
~gturity or redemption date thereof, and (2) shall have made provision satisfactory!!
the Paying Agent (other than the County Treasurer) for the publication as soon
as practicable of a notice in a daily newspaper of general circulation published
in Richmond, Virginia, that such moneys or obligations have been set aside for
such payment, that such Bonds and coupons are deemed to have been paid in accord-
ance with this article, stating the maturity or redemption date upon which moneys
will be made available for payment of such Bonds and that the County has been dis-
charged from its obligations under this Bond Resolution; and
(c) provision shall have been made for the payments to Brandermill as re-
quired by the Sewer Agreement.
ARTICLE XlII
Miscellaneous
Section 1301. Consents, etc., of Bondholders. Any consent, request, dir-
ecZion, approval, objection or other instrument required by this Bond Resolution
to be signed and executed by the holder of the Note or the Bondholders, as the
case may be, may be in any number of concurrent writings of similar tenor and may
be signed or executed by such holder of the Note or Bondholders, as the case may
be, in person or by ag:ent appointed in writing. Proof of the execution of any
such consent, request, direction, approval, objection or other instrument or of
the writing appointing any such agent, if made in the following manner, shall be
sufficient for any of the purposes of this Bond Resolution, and shall be conclu-
sive-with regard to any action taken under such request or other instrument, namely
(a) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person sign-
lng such writing acknowledge before him the execution thereof, or by affidavit
of any witness to such execution.
(b) The fact of the holding by any person of Bonds and/or coupons trans-
ferable by delivery and the amounts and numbers of such Bonds and the date of the
holding of the same may be proved by a certificate executed by any trust company,
bank or banker, wherever situated, stating that at the date thereof the party named
therein did exhibit to an officer of such trust company or bank or to such banker,
as the property of such party, the Bonds and/or coupons therein mentioned if such
certificate shall be deemed satisfactory by the County.
In lieu of the foregoing the Paying Agent may accept such other proofs as
it shall deem appropriate.
For all purposes of this Bond Resolution and of the proceedings for the
enforcement hereof, such person shall be deemed to continue to be the holder of
the Note or a Bond until the Paying Agent shall have received notice in writing
to the contrary.
Section 1302. Limitation of Rights. With.the exception of rights herein
expressly conferred, nothing expressed or mentioned in or to be implied from this
Bond Resolution or the Note or the Bonds is intended or shall be construed to give
to~ any person or company other than the parties hereto and the holder of the Note
or the holders of the Bonds, as the case may be, any legal or equitable right,
remedy or claim under or in respect to this Bond Resolution or any covenants, con.-
ditions and agreements herein contained; this Bond Resolution and all of the
covenants, conditions and agreements hereof being intended to be and being for
the sole and exclusive benefit of the parties hereto and the holder of the Note
or the~holders of the Bonds, as the case may be, as herein provided.
Section 1303. Limitation of Liability of Officers, etc., of County. No
covenant, condition or agreement contained herein shall be deemed to be a coven-
ant, agreement or obligation of a present or future member, officer, employee or
agent of. the County in his individual capacity, and neither the Board of Super-
visors of the County nor any officer thereof executing the Bonds shall be liable
personally on the Note or the Bonds or be subject to any personal liability or
accountability by reason of the issuance thereof. No member, officer, employee
or agent of the County shall incur any personal liability with respect to any othe~
action taken by him pursuant to this Bond Resolution provided such member, officer
employee or agent acts in good faith.
Section 1304. Cremation or Mutilation. Upon payment of any Bond or cou-
pon at its maturity or whenever any special provision is made in this Bond Reso-
lution for the cancellation by any Paying Agent and the delivery to the County
Treasurer of any Bond or coupon, any Paying Agent may, unless otherwise directed
by the County, cremate or mutilate the cancelled Bonds and coupons and deliver a
certificate of such cremation or mutilation to the County Treasurer as provided
in Section 15.1-191 of the Code of Virginia of 1950, as amended.
Section 1305. Notices. Ail notices, approvals, consents, requests and
other communications hereunder shall be in writing and, unless otherwise provided
herein, shall be deemed to have been given when personally delivered or mailed
by first class registered or certified mail, postage prepaid, addressed (a) if to
the County, at Chesterfield C~unty Courthouse, Route 10, Chesterfield, Virginia,
or (b) if to the County Treasurer, at Chesterfield County Courthouse, Route 10,
Chesterfield, Virginia (Attention: County Treasurer). The County and the County
Treasurer may, by notice given hereunder, designate any further or different ad-
dresses to which subsequent notices, approvals, consents, requests or other com-
munications shall be sent or persons to whose attention the same shall be directed
Section 1306. Severabili~y. If any provisions of this Bond Resolution
shall be held invalid by any court of competent jurisdiction, such holding shall
not invalidate any other provision hereof.
Section 1307. Filing of Resolution and Publication of Notice. The Clerk
of the Board of Supervisors is hereby authorized and directed to see to the im-
mediate filing of a certified copy of this Bond Resolution with the Circuit Court
of Chesterfield County and within ten days thereafter to cause to be published
once in a newspaper having general circulation in the County a notice setting
forth (1) in brief and general terms the purpose for which the Bonds are to be
issued and (2) the amount of the Bonds.
Section 1308. Prior Resolutions. Ail prior resolutions or part thereof
in conflict or inconsistent with the p r o v i s~i o n s of this Bond Resolution are
hereby repealed to the extent of such conflict or inconsistency.
Section 1309. Effective Date. This resolution shall take effect immediate
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Dr. Sullins comes before the Board relative to the School Budget and gives the
highlights of the School Budget which is $40,352,064 which includes 72 additional
teachers, 7.5% increase for teachers on an average, increments for long-term teach-
ers who are at the top of the pay scale, new services, increased cost in supplies,
expansion of present programs, etc. He states that this budget has not been ap-
proved by the School Board yet but a favorable comment is expected at tonight's
School Board meeting.
The Board thanks Dr. Sullins for his expertise and cooperation in preparing and
presenting his budget.
Dr. Sullins states that he would like to commend the Recreation Department for
their cooperation with the School System and for the maintenance and upkeep of
the facilities which all use.
Mrs. Elizabeth Harmon of the Child Care Study Committee of the Chesterfield Volun-
teers comes before the Board to discuss a possible appointment of their committee,
which she introduces, as a Child Care Advisory Council. She states that presently
they do not have a status of any kind and with the County Government backing them,
they would be able to obtain additional and essential data for their study on the
need of same. She presents letters from people who could and would be involved
who think this study is needed. Upon consideration of this matter, it is on mo-
tion of Mrs. Girone, seconded by Mr. Apperson, resolved that the Chesterfield
County Board of Supervisors create a Child Care Advisory Council to assess the
need for child care in the area and report back to the Board within a month.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. ~Bookman.
Abstention: Mr. Myers. His reason being because he has given the Chesterfield
Volunteers office space in his building at no charge and he feels
this could be a possible conflict of interest.
Mr. Gilbert Elliott comes before the Board to request a change in the Rescue Squad
Ordinance by eliminating the present Bureau of Mines certification and acceptance
of the Emergency Medical Technician certification. Mr. Mason states that this
change was made and same has been adopted. Mr. Elliott states that he was not
aware of this and thanks the Board for their time.
The Board adjourns for lunch.
Reconvening:
76S006
Ms. Mary L. Tanner, the applicant who is not present, has requested a mobile home
permit to park a mobile home on property which belongs to Mrs. John T. Tanner.
T. M. Sec. 180-15 (1) parcel 11-2 and better known as 21306 Wells Street (Sheet
S2).
Mr. O'Neill states that he has not heard from the applicant and it is on his mo-
tion, seconded by Mr. Myers~ resolved that this case be deferred until April 14th
and if the applicant has not contacted him prior to that date, it Will be denied.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76S026
Mr. Ronald K. Doucette, the applicant who is not present, has made application
for a mobile home permit to park a mobile home on property belonging to Billy R..
Nave. Refer to Boulevard Heights, Blk. A. Lot iA, and better known as 2452 Aid-
ridge Avenue. (Sheet 49).
Mr. O'Neill states that he had asked the applicant to contact him and since this
was not done, it is on his moiion, seconded by Mr. Bookman, resolved that this
application be and it hereby is denied.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76SR035
Mr. John L. Gardner comes before the Board requesting renewal of a mobile home
permit to park a mobile home on property which belongs to Ethel Peden, his mother-
in-law. Refer to Milhorn, Blk. C., Lot 8, and better known as 1817 Tipton Street
(Sheet 41).
He states that his brother-in-law and sister want to use this mobile home because
they are experiencing financial difficulties. Mr. O'Neill states that he does
not like to grant mobile home permits unless there are plans in the near future
for building a home, that these permits are only t~emporary measures and that they
are granted in residential areas only in cases of hardship.
Upon consideration whereof, it is on motion of Mr. O'Neill, seconded by Mr. Book-
man, resolved that this permit be and it hereby is approved for a period of two
years with the understanding that plans be made to build a home in the future.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76SR036
Mr. Joel W. Fulgham comes before the Board requesting renewal of a mobile home
permit to park a mobile home on property which belongs to R. L. Fulgham, father
of the applicant. T. M. Sec. 115-7 (1) parcel 14 and better known as 4210 W.
Hundred Road (Sheet 32).
Mr. Fulgham states that he does not plan to build on this land because a shopping
center will eventually go here and this is just a t~emporary home site. Mr. Schiavo
states there are no complaints regarding this permit. Upon consideration whereof,
it is on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request
be and it hereby is approved for a period of two years.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76SR037
Mr. Woodrow W. Quinseberry comes before the Board requesting renewal of a mobile
home permit to park a mobile home on property which he owns. T. M. Sec. 82-13
(1) parcel 2-4 and better known as 2651 Velda Road (Sheet 23).
There being no opposition to this request, it is on motion of Mr. Myers, seconded
by Mr. Bookman, resolved that this request be and it hereby is approved for a per-
iod of two years.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76SR038
Mr. Driskoll, representing Mr. Martin D. Deal, comes before the Board requesting'
a renewal of a mobile home permit to park a mobile home on property which belongs
to Mr. Driskoll. T. M. Sec. 186-3 (1) parcel 54 and better known as 6606 River
Road. (Sheet 52).
There being no opposition to this request~ it is on motion of Mr. O'Neill, sec-
onded by Mr. Bookman, resolved that this request be and it hereby is approved for
a period of two years.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
765039
Mr. Michael F. Jones requests a mobile home permit to park a mobile home on prop-
erty which he owns. Refer to Dupuy Court, Blk. A, Lots 6 and 7 and better known
as 3902 Dupuy Road (Sheet 49).
Mr. O'Neill states that the applicant did contact him and could not get off work
to come to this Hearing and it is on his motion, seconded by Mr. Myers, resolved
that this permit be and it hereby is approved for a period of two years.
Ayes: Mr. O'Neill, Mrs. Girone, Mr, Bookman and Mr. Myers.
765041
Mr. Schiavo states that the applicant, Ms. Ruth Braman, who requested a mobile
home permit to park a mobile home on property which belongs to D. Maxwell, has
requested withdrawal. T~ M. Sec. 67-9 (1) parcel 13, and better known as 7657
Flagler Road (Sheet 23).
Upon consideration whereof, it is on motion of Mr. Myers~ seconded by Mr. Bookman
resolved that this request for withdrawal be and it hereby is accepted.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
Mr. Burnett states that all members of' the Board received a copy of the letter
from Mr. Wise regarding the Summer Recreation Program and asks for comments. Mrs
Grione states that alot of the schools are being used for recreation programs
and inquires if everyone knows that these facilities are available because some
are not being used. Mr. Myers states that he is glad to see these facilities
being used more and more. Mr. Bookman states that he feels programs should con-
tinue and expand.
Mr. O'Neill appoints Mrs. Girone and Mr. Bookman to meet with representatives of
the School system, the Recreation Department and the Planning Department to dis-
cuss the expansion and what is currently being done by the Recreation Department.
On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the Chair-
man and Clerk of this Board be and they are hereby authorized to execute the
County's Supplemental Retirement Plan Contract with Southwestern Life Insurance
Company of Dallas, Texas, and the Clerk is authorized to affix the County's Seal
thereon.
Be it further resolved that C. G. Manuel, Joseph Pittman and James R. Condrey be
and they are hereby appointed Trustees of the Chesterfield County Employee's
Retirement Plan to serve at the pleasure of the Board for the purpose of adminis-
tering the said Plan in strict accordance with all of the terms and provisions
of the said Plan.
Be it further resot?ed that a true copy of this Resolution be affixed to the ori-
ginal and each executed copy of the said Plan.
This Resolution supersedes the Resolution passed by this Board on September 12,
1973, and its Resolution passed on May 8, 1974.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Myers, seconded by Mr. Bookman, it is resolved that the follow-
ing erroneous tax claims be approved for payment:
W. Newton Phillips
National Car Rental
Systems, Inc.
Peggy D. Robinson
Elwood F. Holton, Jr.
Margaret K. Overdorff
Kinney Shoe Corp.
The Southland Corp.
T/A 7-11 Store
Daniel S. Burrill
Cleveland Harvey
The Proctor & Gamble
Distributing Co.
W. Newton Phillips
Erroneous Assessment for 1975
Personal Property
County License
Erroneous Assessment for 1974
Personal Property
County License
County License
County Retail Merchants License
County Retail Merchants License
County License
County License
County License
Erroneous Assessment for 1974
Personal Property
$ 16.80
45.00
11.35
15.00
15.00
10.00
152.29
15.00
7.50
30.00
35.59
Dominion Const. Co.
Erroneous Assessment for 1975
$ 17. 70
Frank H. Schwartz
Dempsey L. Wynne
Jerry Lawson
Eric J. Lambert
Alrimaro, Inc. T/A
Bresler's 33 Flavors
Ice Cream Shop
Lowe Electronics, Inc.
Dixie Steel Erectors,
Inc.
Personal Property
Erroneous Assessment for 1975
Personal Property
Erroneous Assessment for 1975
Personal Property
Erroneous Assessment for 1975
Personal Property
Erroneous Assessment for I975
Personal Property
County Retail Merchants License
County Personal Service License
County Contractors License
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
178.35
13.21
2.86
S6.05
163.22
24.40
1,776.68
765034 and 765040
In Bermuda Magisterial District, Randolph E. Browder, Sr. requests a Variance to
use a lot which has no public road frontage for dwelling purposes and a mobile
home permit to park a mobile home on this property. This lot lies along the north.
east line of Ravendale Avenue (unimproved) and is located 50 ft. southeast of its
intersection with Maywood Avenue. Refer to Bellmeade, Blk. 6, Lots 17-23 (Sheet
32),
Mr. Browder states that he intends to build a house and since the land is not
suitable for a .septic tank and sewer is expected in the area soon he will connect
to the public sewer system. He states that he does understand that the County
will not maintain Ravendale Agenue or Maywood Avenue. Refer to Bellmeade, Blk.
6, Lots 17-23 (Sheet 32).
Upon consideration whereof and there being no opposition, it is on motion of Mr.
Myers, seconded by Mr. Bookman, resolved that this request for a Variance and a
mobile home permit for two years be and they hereby are approved subject to the
conditions recommended by the Planning Department.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
76S032
In Clover Hill Magisterial District, Thomas C. Yoss, Jr~ requests a Variance to
use a parcel of land which has no public road frontage for dwelling purposes.
This parcel lies approximately one-half mile off the south line of Claypoint Road
measured from a point approximately 1,600 ft. southeast of its intersection with
Bailey Bridge Road. T. M. Sec. 77 (1) par. 3-3 (Sheet 21).
Mr. Yoss states that as far as he knows everyone involved in the dedication of
the road has signed the papers for same but that he does not know where the docu-
ment is. There is considerable discussion with Mr. Marks who states that they
did not want this to be a public road but a private road with easements for those
people living along same.
Upon consideration whereof and all parties involved who are present agreeing, it
is on motion of Mr. Bookman, seconded by Mr. Myers, resolved that this Variance
be and it hereby is approved subject to the conditions recommended by the Planning
Department and with Condition #2 being amended to read:
2. That no building permit or mobile home permit be issued on this parcel until
this dedication is accomplished.
AyEs: Mrs. Girone, Mr. Bookman and Mr. Myers.
765030
In Clover Hill Magisterial District, Roger Lane requests a Variance to use a par-
cel of land which has no public road frontage for dwelling purposes. This parcel
lies approximately one-half mile off the south line of Claypoint Road, measured
from a point approximately 1,600 ft. southeast of its intersection with Bailey
Bridge Road. T. M. Sec. 77 (1) par. 4-5 (Sheet 21).
Upon consideration of the previous variance which is in the same area, it is on
motion of Mr. Bookman, seconded by Mr. Myers, resolved that this variance be ap-
proved subject to the conditions recommended by the Planning Department with Con-
dition #2 amended to read:
2. That no building permit or mobile home permit be issued on this parcel until
this dedication has been completed.
Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers.
765031
In Matoaca Magisterial District, Claiborne Mosby, Jr. requests a Variance to use
a parcel of land which has no public road frontage .for dwelling purposes. This
parcel lies off the south line of Reedy Branch Road, measured from a point ap-
proximately 1 mile west of its intersection with Nash Road. T. M. Sec. 145 (1)
part of parcel 7-1 (Sheet 39).
Mr. Schiavo states that the applican~ has requested withdrawal of this Variance
request. Upon consideration whereof, it is on motion of Mr. Bookman~ seconded by
Mr. Myers, resolved that this request for withdrawal be and it hereby is approved
Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers.
765033
In Dale Magisterial District, M. C. Yarbrough requests a Variance to use a parcel
of land which fronts along Telstar Road (unimproved) for dwelling purposes. This
lot fronts along the west line of Telstar Road (unimproved) and is located 150
ft. north of its intersection with Thorington Drive. Refer to Centralia Gardens,
Lot 69 (Sheet 31).
Mr. Bookman inquires why Mr. Yarbrough will not connect to the public sewer sys-
tem. Mr. Yarbrough states that the line runs along the back part of his property
which is 700 ft. away and it would be too expensive. Mr. Bookman states that
this could be accomplishe~ at the front of the property line as well. Mr. Yar-
brough states that he will be willing to pay $1,200 to connect if this is possi-
ble~. Mr. Bookman states that he does not see why there should be any problem.
Upon consideration whereof, it is on motion of Mr. Bookman, seconded by Mrs.
Girone, resolved that this Variance be and it hereby is approved subject to the
conditions that the County will not maintain this section of Telstar Road until
it is brought up to State standards by others and that public sewer be used un-
less there is a problem with this stipulation and same will come back before the
Board for further review.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
765042
In Bermuda Magisterial District, Cyrus Tamaddon requests a Variance to use a par-
cel of land which has no public road frontage for dwelling purposes. This parcel
lies southwest of the southern terminus of Mount Blanco Road. T. M. Sec. 119-2
(1) Parcel 3 (Sheet 34).
Mr. Tamaddon states that he has in his deed the right of ingress and egress from
Mr. Sloan. Mr. Schiavo states that he feels he should have from Point A to Point
B dedicated for his own protection. Mr. Myers states that he does not feel the
building permit should be held up because he is sure that Mr. Sloan will do the
necessary dedicating.
Upon further consideration of this matter, it is on motion of Mr. Myers, seconded
by Mr. Bookman, resolved that this request be and it hereby is approved subject
to the first two conditions recommended by the Planning Department.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
765043
In Midlothian Magisterial District, John C. Watkins requests a Variance to use
a parcel of land which has no public road frontage for dwelling purposes. This
parcel lies approximately 600 ft. off the north line of Midlothian Turnpike,
measured from a point approximately three-quarters of a mile northeast of its
intersection with Huguenot Spring Road. T. M. Sec. 14 (1) parcel 30 (Sheet 5/6).
There being no opposition to this request, it is on motion of Mrs. Girone, sec-
onded by Mr. Myers, resolved that this request be and it hereby is approved sub-
ject to the condition that the County will not build or maintain an access road
for this parcel.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
There is some discussion of the critical need for space for the Data Processing
Department. Alternatives are discussed and it is generally agreed that a better
report advising the Board of all that is involved will be brought back on March
24th.
Mr. O'Neill appoints Mr. Bookman to speak with members of the Fair Association
regarding the Fair building.
On motion of Mrs. Girone, seconded by Mr. Myers, it is resolved that two addi-
tional personnel be employeed by the Police. Department whose salaries will be
covered by the Planning/Research Unit grant at the time of final approval by the
Division of Justice and Crime Prevention.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by Mrs. Girone, it is resolved that when a
check in the amount of $612 is received from the Insurance Company that it be
applied to the Police Department's budget Category 11-061-325.0 plus an additiona
$110 be appropriated from the Unappropriated Surplus of the General Fund to re-
place the shotgun that was also stolen and not covered by insurance.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the County
Administrator be and he hereby is authorized to sign a Police Grant in the amount
of $33,997 and further that $1,699,85 be and it hereby is appropriated from the
Unappropriated Surplus of the General Fund to cover the County's cost of same.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Myers, seconded by Mr. Bookman, it is resolved that the Police
Department be and it hereby is authorized to purchase 940 mobile crystals from
the General Electric Company at a unit cost of $30, per bid ~76-105262-1877.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that 37 radios
for the Engineering and Utility Departments and one radio for the Sheriff's Depart~
ment be and they hereby are awarded to General Electric who submitted the low bid
of $30,973.80 with Mr. Falwell to verify the number of additional crystals that
will be needed at the cost of $30 per crystal.
Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Bookman, it is resolved that the Board
increase Revenue Account 11-000-633.0 Federal Share Airport by $27,065 and appro-
priates $119,568.00 from the Unappropriated Surplus of the General Fund to 11-500
Capital Outlay.
Ayes:
Total Projects
Revenue
Cost to County
Mrs. Girone, Mr. Bookman and Mr. Myers.
$119,568
27,065
92,503
On motion of Mr. Myers, seconded by Mrs. Girone, it is resolved that the Board
appropriates $25,000 from the Unappropriated Surplus of the General Fund to the
Airport Fund with the understanding that the Treasurer will transfer only the
amount needed up to $25,000.
Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Myers, it is resolved that two lights
be removed from the parking lot and placed at the entrance to the Airport and that
an additional sign like the one existing be purchased and placed at the same lo-
cation for an amount not to exceed $2,000 and same is hereby appropriated from the
Unappropriated Surplus of the General Fund.
Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Bookman, it is resolved that the follow-
ing two Library actions which were approved at the Personnel Committee meeting and
inadvertently left out of the previous Board consideration be and they hereby are
approved:
a, Establishment of an Associate Director, Grade 25 position,
b. Establishment of a Custodian III, Grade 5 Classification (two positions) and
transfer of present custodial personnel to these positions.
The above to be retroactive to March 1, 1976. ~
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Myers, it is resolved that the follow-
lng actions be taken at the recommendation of the Personnel Committee:
a.
bo
The reorganization as presented by Mr. Painter with the exception of ten posi-
tions identified by Craig Bryant, effective April 1, 1976.
The request of Mr. Carl Wise for four Utility Maintenance Worker I positions
and authority to fill the positions effective on Board Approval is approved.
Approval of the organization as presented by Mr. Lee Falwell and Mrs. Hardin
with the exception that the proposed Consultant, Grade 27 position be estab-
lished at Grade 26. Ail classification and reclassification actions to be
effective on Board approval. Approval for the establishment of Consultant
position immediately and authority to advertise for Director.
d. Approval of Dr. Leake's request to increase Mrs. P. Burkey's salary consistent
with previous committee action (Board Approval) from Secretary, Grade 8 to Sec-
retary, Grade 11, in the amount of $320, retroactive to March 1, 1976. It was
recommended that the amount of $320 be added to the Library budget.
e. Approval and immediate implementation of the County Performance Appraisal
Program. -
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Myers, it is resolved that the follow-
ing be and it hereby is approved:
1. Increase revenue account 20-000-618.4 Employment Grant by $512,580.
2. Appropriate $512,580 from the Unappropriated Surplus of the Public Service
Jobs Fund (20) to the various accounts in the budget.
3. Reduce revenue account 11-000-618.4 Emergency Employment Grant by $50,000 and
reduce the appropriation to Expense Account 11-190-100.0 Salaries by $50,000.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr, Myers,
On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the following
be and they hereby are approved:
a. Budget for the Personnel Department 1975-76:
11-017 PERSONNEL DEPARTMENT
11-017-102 0
11-017-109 0
11-017-200 0
11-017~206 0
11-017-218 0
11-017-319 0
Personnel Director
Clerical Assistant
Advertising
Dues and Subscriptions
Postage
Office Supplies
5,312
6,638
30O
4O0
4OO
1,950
$15,000
Transfer $12,000 from 11-189-103.0 Personnel Administration to 11-017 Person-
nel Department.
c. Transfer $3,000 from 11-016-109.0 Clerical Assistant in the Central Account-
ing Budget to 11-017 Personnel Department.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the follow-
ing Water Contracts be and they hereby are approved:
1. W76-11D Greenfield, Sec. K $12,387.00
Bookman Construction Company
2. W76-6D
Planters Wood, Sec. 2, Brandermill
R. M. C. Contractors~ Inc.
14,797.25
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers.
On motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that the fol-
lowing Sewer Contracts be and they hereby are approved:
1. S76-20D Dodd's Mobile Home Park $20,075.00
IPK Excavating Company, Inc.
2.. S76-21D Archbrooke, Phase IV 40,258.10
Van Doren Brothers, Inc.
3. S76-22D
Cloverleaf Restaurant Park, Phase I
Alpine Construction Corporation
2,800.00
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
It is generally agreed that the request of Mr. G, T. Simmons in Huntingcreek be
and it hereby is deferred to allow the Engineering Department time to contact and
discuss the matter with Mr. Simmons.
There was presented a request from Mr. Vaughn A. Reish for several sewer connec-
tions in the Morrisdale Subdivision and after some consideration of this request,
it is on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this matter
be deferred until the bids are received on the Enon sewerage system.
Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
There was presented several requests for a lower sewer connection rate and after
much discussion of this matter, it is on motion of Mr. Bookman, seconded by Mrs.
Girone, resolved that all requests for a lower connection rate be deferred for
30 days.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
On motion of Mr, O'Neill, seconded by Mr. Myers, it is resolved that Mr. William
Ritchie be given two connections in Riverview Park for $1,200 each.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr Bookman and Mr~Myers
On motion of Mr. Bookman, seconded by Mr. Apperson, it is resolved that Roanoke
Construction Company be given an extension of 60 days to complete Contract S73-28T~
Swift Creek Force Main.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by Mr, Apperson, it is resolved that Davisco,
Inc. be given to August 31, 1976, to complete Contract S73~10CD Swift Creek
Pump Station. '
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr, Myers.
On motion of Mr. Bookman seconded by Mr. Myers, it is resolved that after con-
sidering all aspects of the problems with the firm of Moore, Kelly and Reddish
in connection with Contracts 7032-8A and 7032~8B, that said firm will guarantee
up to $5,000 for pumping charges if same are proven and will pay $6,075 as ligui-
dated damages plus inspectors fees for that time of the delay of the project.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
Mr. Bookman states that Midlothian District has three sewer projects, Dwayne Lane,
Mt. Bella and Mayflower Drive, and that he has in Clover Hill the Surreywood-
Pocoshock project, all of which are on somewhat of an emergency basis and after
some discussion of all phases of this matter, it is on motion of Mr. Bookman,
seconded by Mrs. Girone, reso'lved that this Board borrow up to $500,000 from the
Utilit'y Liability Fund and to authorize the engineering and bidding of these four
projects which ar~e estimated to cost a~roximatel--
........ ' . .
~oam De,ween HicKory and the SCL Railroad which is estimated to cost $16,000 and transfer said fun~g
to the Sewer· Improvement-, Replacement and ~xtension Fund-with the stipulation that the money trans~
ferred from the Utility Liabmlity Insurance Fund he spent for the projects stated in this resolutiJ~.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. BooMman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Apperson, it is resolved that the Change
Order in the Contract of S73~25T, Ashton Creek Pump Station~ in the amount of
$702,90 be and it hereby is approved.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr, Bookman.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Change
Orders #2 and #3 on Contract 7032-17A, Divisions A and B, Change Order #2 being
a decrease of $34,722.55 and Change Order #3 an increase, of $3,562.50, all being
a portion of the Contract with Breece and Burgess, Inc., Kingsland Creek Trunk
Sewers,
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr, Myers,
On motion of Mrs. Girone, seconded by Mr. Apperson, it is res-olved that this
Board defer to March 17th further consideration on the EcolSciences' letter.
Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Bookman, it is resolved that the County
Attorney institute condemnation proceedings against the property owner listed be-
low if the amount offered by the County as set out opposite his name is not ac~
cepted. Be it further resolved that the County Administrator notify the said
property owner by registered mail on March 15, 1976, of the intention of the
County to enter upon and take the property which is to be the subject of the said
condemnation proceedings. An emergency existing, this resolution shall be, and
it is hereby declared in full force and effect immediately upon passage.
Project 7032-2A/28 D, J. Esposito $50.00
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr, Myers.
On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that an agree-
ment with Vepco involving Contracts 7032-13 and 7032-14 crossing a portion of the
Vepco property be and it hereby is approved,
Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr, Myers.
On motion of Mr. Myers, seconded by Mrs. Girone, it is resolved that the Chair-
man and the Clerk of this Board are hereby authorized to execute an agreement
with the Walthall Motor Lodge, Inc, and-the Old Stage Motor Lodge Inc involving
Contract S73-25T. ' '
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
On motion of Mrs, Girone, seconded by Mr, Apperson, it is resolved that the sum
of $200 be offered to Mrs. Agnes B. Spivey for an easement in Contract 7032-6B.
On motion of Mr. Bookman~ seconded by Mr. Myers, it is resolved that further ne~
gotiations be made with H. Clen Johnson for an easement involving Contract
S68-1C, Plat S.
Ayes: Mr. O'Neill, Mrs. Girone~ Mr, Apperson4 Mr, Bookman and Mr, Myers.
On motion of Mr. Bookman, seconded by Mr, Apperson, it is resolved that the plan
of bringing the County map up to date by contract for $4,561 to do the drafting
and the sum of $1,352 to do the printing be and it hereby is approved,
Ayes: Mr, O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by MT, Myers, it is resolved that Mr, Justin
and Eugenia H. Meade be given the right to install a 24" drainage pipe on their
property facing Qualla Road with the understanding that the County is saved harm
less from any responsibility should the size of the pipe not be adequate.
Ayes: Mr. O'Neill~ Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr. Myers.
On mo~ion of Mr. Bookman, seconded by Mr, Apperson~ it is resolved that the
County Engineer be authorized to survey the water customers on Dowd Lane to as-
certain the number of citizens who would connect at a charge of $350 per house.
Ayes: Mr, O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers.
'It is generally agreed that the Engineering Department be requested to work out
a sewer arrangement for Lot 69 on Rt, 788 in Centralia Gardens discusse'd pre-
viously in this meeting.
Mrs, Girone brings up the problem of.burning leaves in the Midlothian area and
after much discussion of this matter it is on motion of Mrs~ Girone, seconded
by Mr. Myers, resolved that the County Attorney be requested to prepare an ordi-
nance prohibiting the burning of leaves within an area in Midlothian District
bounded by Route 147, Robious Road, Route 60 and the City of Richmond and to be
considered on March 24th.
Ayes: Mr. O'Neill, Mrs. Girone, Mr? Bookman and Mr. Myers.
Nays: Mr. Apperson.
On motion of Mr. Apperson, seconded by Mrs. Girone, it is resolved that the bud-
get for the year 1976-77 be and it hereby is authorized to be advertised for a
Public Hearing on March 24th at 7:30 p,m,
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers.
On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the Chair-
man and Clerk of this Board be authorized to sign the contracts for the Community
Development Study with Marcou and O'Leary and Bodie, Mills, Taylor and Puryear.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
O'n moti.on of Mr. Bookman, seconded by Mr, Myers, it is resolved that the firm of
Daniel Robinson and Associates be employed to audit the County's records for the
year 1975-76 provided the Company will give a satisfactory completion date for
this work.
Ayes: Mr. O'Neill, Mrs. Girone, Mr, Bookman and Mr. Myers,
On motion of Mrs. Girone, seconded by Mr. Bookman, it is resolved that the fol-
lowing bingo permits be and they hereby are approved for:
Thomas Dale Music Boosters Club
Enon PTA
American Legion Post 186
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers.
On motion of Mrs. Girone, seconded by Mr. Bookman, it is resolved that the Build-
ing Inspector be and he hereby is authorized to employ a Structures Inspector as
of this meeting instead of July 1, 1976, as proposed in the budget with the under.
standing that his salary will be paid from Manpower funds.
Ayes: Mr~ O'Neill, Mrs. Girone, Mr. Bookman and Mr, 5~yers.
On motion of Mr. O'Neill, seconded by Mrs. Girone, it is resolved that Mr. Zane G
Davis be and he hereby is appointed to the Citizens Involvement Committee of the
Richmond Regional Planning District Commission.
Ayes: Mr. O'Neill, Mrs. Girone and Mr. Bookman.
On motion of Mrs. Girone, seconded by Mr. Bookmanj it is resolved that Mr. M. W.
Burnett be and he hereby is appointed to the John Tyler Community College Board
as a representative of the County.
Ayes: Mr. O'Neill, Mrs. Girone and Mr, Bookman,
On motion of Mr. Bookman~ seconded by Mrs. Girone, it is resolved that this Board
adjourns at 8:10 p.m. to 7:30 p.m. on March 17, 1976.
Ayes: Mr. O'Neill, Mrs. Giorne and Mr. Bookman,
E. Merlin O'Neill,