No Moss 3 Landfill Online Library › Russell County › Board of Supervisors › Meetings › Agenda Packets › 2017-07-10 15 00-Russell BOS-Regular Meeting-Packet
2017-07-10 15 00-Russell BOS-Regular Meeting-Packet
Document Date: July 10, 2017 Document: 2017-07-10_15_00-Russell_BOS-Regular_Meeting-Packet.pdf
OCR Scan (approximately)
This OCR scan may contain automatically generated text as generated using Apache Tika and Tesseract. It may not be correct. No effort has been made to correct any of these scans (so far). These OCR scans are also used in the site's Search feature. Please review the Search Policy for details about the site features. The OCR scan is provided here for reference purposes. It provides searchable text when the underlying document might not. But the scan process may not always work perfectly.
Agenda Board of Supervisors July 10, 2017
Russell County Page 1
RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA – JULY 10, 2017
BOS Board Room Regular Meeting 3:00 PM
Russell County Governmental Center Lebanon, Virginia 24266
CALL TO ORDER – Clerk of the Board
ROLL CALL – Clerk of the Board
INVOCATION – Timothy Hankins – Lebanon United Memorial Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
APPROVAL OF AGENDA
PRESENTATIONS (Limited to 5 minutes)……………………………………………………A-1
Brian Becker – Appalachian Wood Energy Hub
Angela Carpenter – RC Chamber of Commerce
BOARD APPOINTMENTS…………………………………………………………B-1
SPEARHEAD TRAILS Shy Kennedy 3 Year-Term
DANTE COMMUNITY CENTER BOARD MEMBERS Earl Jenkins 2 Year-Term Vacant 2 Year-Term
CASTLEWOOD WATER & SEWER AUTHORITY
Darrell Johnson 4 Year-TermAgenda Board of Supervisors July 10, 2017
RUSSELL COUNTY BOARD OF SUPERVISOR’S MEETING AGENDA - JULY 10, 2017
BOS Board Room Regular Meeting 3:00 PM
Russell County Governmental Center Lebanon, Virginia 24266
CALL TO ORDER - Clerk of the Board
ROLL CALL - Clerk of the Board
INVOCATION - Timothy Hankins — Lebanon United Memorial Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA
PRESENTATIONS (Limited to 5 minutes).
- Brian Becker — Appalachian Wood Energy Hub
- Angela Carpenter — RC Chamber of Commerce
BOARD APPOINTMENTS…
SPEARHEAD TRAILS Shy Kennedy 3 Year-Term DANTE COMMUNITY CENTER BOARD MEMBERS Earl Jenkins 2 Year-Term Vacant 2 Year-Term
CASTLEWOOD WATER & SEWER AUTHORITY Darrell Johnson 4 Year-Term
Russell County Page 1
Agenda Board of Supervisors July 10, 2017
Russell County Page 2
Library Board of Trustees Linda Tiller 4 Year-Term Allison Steele 4 Year-Term Judy Ashbrook 4 Year-Term
Highway & Safety Commission Gary Dotson 2 Year-Term Johnny B. Jessee 2 Year-Term Steve Dye 2 Year-Term Eugene Ferguson 2 Year-Term Tony Mazfield 2 Year-Term Mike O’Quinn 2 Year-Term Barbara Cox 2 Year-Term Henry Stinson, Jr. 2 Year-Term Mark Mitchell 2 Year-Term Emory Altizer 2 Year-Term
RC PSA Carter McGlothlin 3 Year-Term Steve Newberry 3 Year-Term
SVCC Lynn Keene 4 Year-Term Rita Jo Banner 4 Year-Term
NEW BUSINESS
- Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors………………C-1a. Unapproved minutes of June 5, 2017 b. Unapproved minutes of June 19, 2017
- Approval of Expenditures. Consider approval of expenditures presented
for payment………………………………………………………………………………C-2
CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
COUNTY ATTORNEY REPORTS AND REQUESTS
- Authorization of Resolution to the Issuance of Water Revenue Bonds by RC PSA and Authorizing the Execution of Financing Agreements and
Support Agreements providing for RC Moral Obligation to make certain Appropriations with Respect to the Bonds…………………………………………D-1Agenda Board of Supervisors July 10, 2017
Library Board of Trustees
Linda Tiller 4 Year-Term Allison Steele 4 Year-Term Judy Ashbrook 4 Year-Term Highway & Safety Commission
Gary Dotson 2 Year-Term Johnny B. Jessee 2 Year-Term Steve Dye 2 Year-Term Eugene Ferguson 2 Year-Term Tony Mazfield 2 Year-Term Mike O’Quinn 2 Year-Term Barbara Cox 2 Year-Term Henry Stinson, Jr. 2 Year-Term Mark Mitchell 2 Year-Term Emory Altizer 2 Year-Term RC PSA
Carter McGlothlin 3 Year-Term Steve Newberry 3 Year-Term svcc
Lynn Keene 4 Year-Term Rita Jo Banner 4 Year-Term
NEW BUSINESS
- Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…
a. Unapproved minutes of June 5, 2017 b. Unapproved minutes of June 19, 2017
- Approval of Expenditures. Consider approval of expenditures presented for payment…
CITIZEN’S COMMENT PERIOD (Limited to 3 minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS
- Authorization of Resolution to the Issuance of Water Revenue Bonds by RC PSA and Authorizing the Execution of Financing Agreements and
Support Agreements providing for RC Moral Obligation to make certain Appropriations with Respect to the Bonds…
Russell County Page 2
Agenda Board of Supervisors July 10, 2017
Russell County Page 3
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS
Boy Scout Troop 408 “Eagle Scout Court of Honor”………………………………E-1
RC Faith-Based Forum on Community Development & Support….……………E-2
VACO 2017 Regions 12 & 13 Legislative Forum……………………………………E-3
REQUESTS
- Authorization of June 13, 2107 Democratic & Republican Primary Election
Abstract of Votes…………………………………………………………………………F-1
Authorization of August 2017 Public Hearing for Courthouse Construction
and Maintenance Fee…………………………………………………………………….F-2Authorization to Increase the RC Treasury Petty Cash Account……………….F-3
Authorization of Resolution for Continuation of Funding for the CRVI……….F-4
Authorization of Resolution Public Notice of RC Intent to Abandon Route 9766, Route 9532, and Route 9806……………………………………………F-5
Authorization of Contract and Appropriation of Funding with the Center of
Natural Capital “StreamSweepers” to Clean the Clinch River……………………F-6Authorization to Advertise and Hire a Housekeeping Supervisor………………F-7
Authorization of Travel Request………………………………………………………F-8
MATTERS PRESENTED BY THE BOARD
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
Treasurer’s Report ………………………………………………………………………G
RC IDA …………………………………………………………………………………….H
RC PSA …………………………………………………………………………………… I
Castlewood W&S …………………………………………………………………………J
RC Tourism……………………………………………………………………………….K
RC Planning Commission ………………………………………………………………L
Conference Center………………………………………………………………………M
RC Fitness Center……………………………………………………………………….N
RC Transportation & Safety……………………………………………………………O
RC Building Inspector Reports……………………………………………………….P
Agenda Board of Supervisors July 10, 2017 COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS
Boy Scout Troop 408 “Eagle Scout Court of Honor”…
RC Faith-Based Forum on Community Development & Support.
VACO 2017 Regions 12 & 13 Legislative Forum… REQUESTS
Authorization of June 13, 2107 Democratic & Republican Primary Election Abstract of Votes…
Authorization of August 2017 Public Hearing for Courthouse Construction and Maintenance Fee…
Authorization to Increase the RC Treasury Petty Cash Account…
Authorization of Resolution for Continuation of Funding for the CRVI
Authorization of Resolution Public Notice of RC Intent to Abandon Route 9766, Route 9532, and Route 9806.
Authorization of Contract and Appropriation of Funding with the Center of Natural Capital “StreamSweepers” to Clean the Clinch River…
Authorization to Advertise and Hire a Housekeeping Supervisor…
Authorization of Travel Request… MATTERS PRESENTED BY THE BOARD ADJOURNMENT
COUNTY AGENCY / BOARD REPORT:
- Treasurer’s Repott… RC IDA. RC PSA Castlewood W&S RC Tourism… RC Planning Commission . Conference Center. RC Fitness Cente! RC Transportation & Safety. RC Building Inspector Reports.
Russell County Page 3
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us
Board of Supervisors Information Item: A-1
137 Highland Drive Presenters - Various Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Presentations
-
Brian Becker – Appalachian Wood Energy Hub
-
Angela Carpenter – RC Chamber of Commerce
Staff Recommendation:
Presentation – Informational Only.
Suggested Motion:
No Motion Required.
ATTACHMENTS:
Presentations
Board of Supervisors Information Item: A-1 137 Highland Drive Presenters - Various Lebanon, VA 24266
7M0/17__3:00 PM
Presentations
-
Brian Becker —- Appalachian Wood Energy Hub
-
Angela Carpenter — RC Chamber of Commerce
Staff Recommendation: Presentation — Informational Only. Suggested Motion: No Motion Required.
ATTACHMENTS:
- Presentations
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
The Center for Natural Capital (The Center) is a
501 c-3 charitable organization whose mission is to
create, optimize and integrate natural capital
solutions into the marketplace to
achieve beneficial social and
environmental outcomes.
Natural Capital (our stock of
natural assets like soils, water and
biodiversity) provides a wide range
of benefits to humans with services
like clean water for drinking,
productive soils for agriculture and
pollination of crops. These are
called Ecosystem Services and our
society relies on these services to thrive. For many
reasons, the quality and health of these assets
and services are in decline and intervention is
often necessary to restore nature’s ability to
provide these services.
The Center raises local social and
environmental awareness by
providing meaningful employment
to create healthier ecosystems
which can provide us with these
vital services. Some of the Center’s
programs may directly rebuild
natural capital (healthy soil) while
others may enhance an ecosystem
service (clean water). We achieve
this by supporting the values of the
communities within which we
operate to engage the power of entrepreneurism
to improve our ecosystems and our economies.
StreamSweepers How does The Center enhance our river services to our communities?
StreamSweepers is our entrepreneurial
intervention to enhance the clean water services
our rivers provide us. Over the last four years we
have employed nearly 50 of Central Virginia’s
young adults to complete riparian assessment,
cleaning and maintenance of three river systems
(Rapidan, Robinson and Hughes) in their entirety
totaling more than 115 miles. These efforts are the
first comprehensive cleaning and assessment of
entire river valleys in Virginia’s history.
This is important work because these rivers are
the source of the drinking water that water
filtration plants provide to hundreds of thousands
of people. Sweepers remove pollution causing
debris from our rivers to provide us with clean
water.
StreamSweepers is the bridge between youth
camps and clubs and successful adult
employment. Our employees have gone on to
declare college majors not only in fields like
wildlife and fisheries biology, but also in business
with an emphasis in sustainability. While this is
great, what is even better is that regardless of
their career path, Sweepers tell us that they have
a vision for a positive future – a vision for how they
can take care of themselves, their communities
and future generations.
P.O. BOX 901 ORANGE, VA 22960 540-672-2542 http://www.naturalcapital.us
NATURAL CAPITAL
SOLUTIONS TO
ACHIEVE BENEFICIAL
SOCIAL AND
ENVIRONMENTAL
OUTCOMES
http://www.naturalcapital.us/ http://www.riverfriendlyyard.com/ http://www.streamsweepers.org/ http://www.streamsweepers.org/ http://www.streamsweepers.org/ http://www.naturalcapital.us/ Center for Se Natural Capital
éreie Develo sic Healy Baia
P.O. BOX 901 ORANGE, VA 22960 540-672-2542
The Center for Natural Capital (The Center) isa often necessary to restore nature’s ability to 501 c-3 charitable organization whose mission isto provide these services.
create, optimize and integrate natural capital The Center raises local social and solutions into the marketplace to environmental awareness by achieve beneficial social and NATURAL CAPITAL | _providing meaningful employment environmental outcomes. to create healthier ecosystems Natural Capital (our stock of SOLUTIONS TO which can provide us with these natural assets like soils, waterand | ACHIEVE BENEFICIAL | vitalservices, Some of the Center’s biodiversity) provides a wide range SOCIAL AND programs may directly rebuild of benefits to humans with services natural capital (healt soll) while like clean water for drinking, ENVIRONMENTAL others may enhance an ecosystem productive soils for agriculture and outcomes service (clean waler), We achieve pollination of crops. These are this by supporting the values of the called Ecosystem Services and our communities within which we society relies on these services to thrive. For many operate to engage the power of entrepreneurism reasons, the quality and health of these assets to improve our ecosystems and our economies.
and services are in decline and intervention is
StreamSweepers
How does The Center enhe Dur river sen 0 our communities? SireamSweepers is our entrepreneurial a vision for a positive future — a vision for how they intervention to enhance the clean water services can take care of themselves, their communities
our rivers provide us. Over the last four years we and future generations. have employed nearly 50 of Central Virginia’s young adults to complete riparian assessment, Cleaning and maintenance of three river systems (Rapidan, Robinson and Hughes) in their entirety totaling more than 115 miles. These efforts are the first comprehensive cleaning and assessment of entire river valleys in Virginia’s history.
This is important work because these rivers are the source of the drinking water that water filtration plants provide to hundreds of thousands of people. Sweepers remove pollution causing debris from our rivers to provide us with clean water.
‘StreamSweepers is the bridge between youth camps and clubs and successful adult employment. Our employees have gone on to declare college majors not only in fields like wildlife and fisheries biology, but also in business with an emphasis in sustainability. While this is great, what is even better is that regardless of their career path, Sweepers tell us that they have
P.O. Box 901 Orange, VA 22960 540-672-2542 www.naturalcapital.us
Community Energy Program How does our energy fuel choice affect the health of our forest capital?
As water runs through the
landscape, so does energy.
And as energy decisions tend
to be made by facility
managers with a singular focus
on cost, the Center’s
Community Energy Program
seeks to show how energy
decisions are intertwined with
the local economy, society and
ecology. Our Community
Energy Program connects
communities to their landscape
by creating a new kind of
business demand for more
ecological harvesting and
management of nearby
forestland. Heating buildings
with locally sourced biofuels
(wood and grasses) creates
markets for otherwise low/no
value material, encouraging
landowners to manage their
forests and grasslands, keeping
forests as forests and promoting
a healthy and diverse
landscape. This type of energy
burns cleanly, creates local jobs
to grow, harvest, and process
the fuel, and cycles carbon
quickly as compared to burning
fossil fuels. Wood and native
grasses have been used for
centuries to heat homes in
other parts of the U.S. and in
Europe and now with new
technologies can safely and
cleanly heat and power public
facilities and commercial
buildings. Not only is
Community Energy affordable
and creates local jobs, it can
help revitalize rural areas facing
tough economic headwinds.
Appalachian Wood Energy Hub Building a bridge between healthy forests, clean rivers and economically vibrant communities in SWVA.
In 2017, the Center, in partnership with
Mountain Heritage and other community
development organizations in Southwest
Virginia proposes to establish a new Regional
Appalachian Wood Energy Hub that will
integrate river valley, mountain forest and
community economic health. As healthy
forested landscapes are the source of the water
for rivers and rivers are the source of drinking
water and recreational economic activity for
vibrant communities, wood energy ties the
three together.
The Appalachian Wood Energy Hub will
serve the SWVA region by establishing a new
wood pellet and associated products
processing and distribution facility in the St. Paul
area. The Hub will improve the health of the
regions forests by using invasive species and the
low/no value woody material removed during
forest management to produce fuels for
heating area residential, commercial and
public buildings.
The Hub will also be the seasonal base of
operation for the StreamSweepers, who will be
improving the health of the Clinch, Powell and
Holston Rivers. By creating a fuel from the
byproducts of forest management, the Hub will
provide a locally-produced fuel that supports
local jobs, forest and river health, and in the
long run, the outdoor recreation tourism
industry. What makes this project different from
other wood pellet projects is its focus is on local
fuels for benefit of the local forests, rivers and
communities!
For more information about any of our programs, please email [email protected] or call us at 540-672-2542. Center for
Natural Capital, P.O. Box 901, Orange, VA 22960. 501©(3) 20-1996189
The Center’s focus includes the economic revitalization of rural areas through the
restoration of the natural capital needed for the provision of ecosystem services.
http://www.woodenergyva.org/ mailto:[email protected] P.O. Box 901 Orange, VA 22960 540-672-2542 www.naturalcapital.us
Community Energy Program Ho fuel choic As water runs through the
landscape, so does energy. And as energy decisions tend to be made by facility managers with a singular focus on cost, the Center’s Community Eneray Program seeks to show how energy decisions are intertwined with the local economy, society and ecology. Our Community Energy Program connects communities to their landscape by creating anew kind of business demand for more ecological harvesting and management of nearby forestland. Heating buildings with locally sourced biofuels (wood and grasses) creates markets for otherwise low/no value material, encouraging landowners to manage their
Appalachian Wood Energy Hub Buildi k le nh
2althy forests, cle
In 2017, the Center, in partnership with Mountain Heritage and other community development organizations in Southwest Virginia proposes to establish a new Regional Appalachian Wood Energy Hub that will integrate river valley, mountain forest and community economic health. As healthy forested landscapes are the source of the water for rivers and rivers are the source of drinking water and recreational economic activity for vibrant communities, wood energy ties the three together.
The Appalachian Wood Energy Hub will serve the SWVA region by establishing a new wood pellet and associated products processing and distribution facility in the St. Paul area. The Hub will improve the health of the
vers and e
forests and grasslands, keeping forests as forests and promoting a healthy and diverse landscape. This type of energy burns cleanly, creates local jobs to grow, harvest, and process the fuel, and cycles carbon quickly as compared to buming fossil fuels. Wood and native grasses have been used for centuries to heat homes in other parts of the U.S. and in Europe and now with new technologies can safely and cleanly heat and power public facitities and commercial buildings. Not only is Community Energy affordable and creates local jobs, it can help revitalize rural areas facing tough economic headwinds.
vibrant communities in SWVA
regions forests by using invasive species and the low/no value woody material removed during forest management to produce fuels for heating area residential, commercial and public buildings.
The Hub will also be the seasonal base of operation for the StreamSweepers, who will be improving the health of the Clinch, Powell and Holston Rivers. By creating a fuel from the byproducts of forest management, the Hub will provide a locally-produced fuel that supports local jobs, forest and river health, and in the long run, the outdoor recreation tourism industry. What makes this project different from other wood pellet projects is its focus is on local fuels for benefit of the local forests, rivers and communities!
The Center’s focus includes the economic revitalization of rural areas through the restoration of the natural capital needed for the provision of ecosystem services.
For more information about any of our programs, please email mice onaiuralcapiial us or call us at 540-672-2542. Center for Natural Capital, P.0, Box 901, Orange. VA 22960, 501©(3} 20-1996189
Appalachian Wood
Energy Hub Integrating mountain forest, river valley and community economic health
Brian Becker
Center for Natural Capital
Russell County Board of Supervisors
July 3, 2017
Brian Becker
Center for Natural Capital
Russell County Board of Supervisors July 3, 2017
Center for 4 Natural Capital \
The Center for Natural Capital
Our mission is to create, optimize and integrate natural capital solutions into the marketplace to achieve beneficial social and environmental outcomes.
Signature programs:
Streamsweepers – employees young adults to assess, clean and maintain rivers.
SoilKeepers – landscaping service that restores and maintains yards through healthy soil biology.
Wildlife Habitat Cooperative – connects landowners to pool habitat restoration services.
Community Wood Energy Program – connects communities to the landscape by raising awareness and advancing the use of wood and grass fuels for space, hot water and process heat.
The Center for Natural Capital
Our mission is to create, optimize and integrate natural capital solutions into the marketplace to achieve beneficial social and environmental outcomes.
Signature programs:
Streamsweepers - employees young adults to assess, clean and maintain rivers.
SoilKeepers - landscaping service that restores and maintains yards through healthy soil biology.
Wildlife Habitat Cooperative - connects landowners to pool habitat restoration services.
Community Wood Energy Program - connects communities to the landscape by raising awareness and advancing the use of wood and grass fuels for space, hot water and process heat.
Community Wood Energy in SWVA
Community Wood Energy benefits include:
Lower cost heating fuel,
Long-term stable prices,
Energy dollars stay in the community,
Improves the health of forests and rivers!
Community Wood Energy Program provides education and assistance with preliminary screenings and engineering support
Community Wood Energy in SWVA
» Community Wood Energy benefits include:
Lower cost heating fuel, Virginia Average Levelized Energy Prices Long-term stable prices, san 1970-2015 Energy dollars stay in = the community, oa s20 Improves the health of forests Se and rivers!
$ 1970 1975 198019851980 1995-2000 2005 «2010-2015.
Fuel Oil mm Flectricity ——= Propane —eNatural Gas —=Wood —= Coal
Community Wood Energy Program provides education and assistance with preliminary screenings and engineering support
Appalachian Wood Energy Hub Establish the Appalachian Wood
Energy Hub in the St. Paul vicinity
Utilize invasive species and
forests thinnings to produce
hardwood heating chips and
pellets for area homes,
businesses, public facilities
and manufacturers
Other products of interest
include hardwood charcoal,
biochar and potentially
aviation biofuel
Serve as a base for
StreamSweepers – training,
storage and year-round
employment
Appalachian Wood Energy Hub
Establish the Appalachian Wood Energy Hub in the St. Paul vicinity
Utilize invasive species and forests thinnings to produce hardwood heating chips and pellets for area homes, businesses, public facilities and manufacturers
Other products of interest include hardwood charcoal, biochar and potentially aviation biofuel
Serve as a base for StreamSweepers - training, storage and year-round employment
Preliminary Feedstock & Market Analysis
Preliminary feedstock and market analysis is necessary to determine market demand, facility size, capital requirements, and estimate economic impacts.
Virginia Department of Agriculture and Consumer Services (VDACS):
Governor’s Agriculture and Forestry Industries Planning Grant
Provides funds to Local Governments for market analysis
$20K for a single jurisdiction, $35K for multiple jurisdictions
50% match required (cash/in-kind)
Example: $30K from VDACS matched with $15K in-cash + $15K in-kind = $45K in cash for procuring feedstock and market analysis services
The Community Wood Energy Program has a proven track record of assisting jurisdictions in obtaining AFID Planning Grants (Buckingham, Rappahannock)
Preliminary Feedstock & Market Analysis
Preliminary feedstock and market analysis is necessary to determine market demand, facility size, capital requirements, and estimate
economic impacts.
Virginia Department of Agriculture and Consumer Services (VDACS): Governor’s Agriculture and Forestry Industries Planning Grant Provides funds to Local Governments for market analysis $20K for a single jurisdiction, $35K for multiple jurisdictions 50% match required (cash/in-kind)
Example: $30K from VDACS matched with $15K in-cash + $15K in-kind = $45K in cash for procuring feedstock and market analysis services
The Community Wood Energy Program has a proven track record of assisting jurisdictions in obtaining AFID Planning Grants (Buckingham, Rappahannock)
Recommendations and Timeline
1. Russell County BOS determines there is consequential interest in the Hub.
2. Russell County requests the Community Wood Energy Program staff to
prepare draft feedstock and market analysis proposal.
3. Russell County (perhaps with other jurisdictions) applies for grant from
VDACS mid-summer 2017.
4. Upon receipt of award, County lets RFP early fall 2017.
5. Service Vendors, possibly including the Community Wood Energy Program,
submit proposals to complete work fall 2017.
6. Feedstock and Market Analysis completed late 2017, early 2018.
Recommendations and Timeline
-
Russell County BOS determines there is consequential interest in the Hub.
-
Russell County requests the Community Wood Energy Program staff to prepare draft feedstock and market analysis proposal.
-
Russell County (perhaps with other jurisdictions) applies for grant from VDACS mid-summer 2017.
-
Upon receipt of award, County lets RFP early fall 2017.
-
Service Vendors, possibly including the Community Wood Energy Program, submit proposals to complete work fall 2017.
-
Feedstock and Market Analysis completed late 2017, early 2018.
Thank you!
Brian Becker
Center for Natural Capital
540-672-2542
mailto:[email protected] Brian Becker Center for Natural Capital
540-672-2542
RUSSELL COUNTY
CHAMBER OF
COMMERCE
2017-2018
—_— eo ae RUSSELL COUNTY CHAMBER OF COMMERCE
2017-2018
WHAT HAVE WE BEEN WORKING ON
•CONSTANT CONTACT IMPLEMENTED A EMAIL MARKETING SYSTEM THAT CAN
BE USED FOR COMMUNITY INFORMATION, BUSINESS ANNOUNCEMENTS, MARKETING,
CALENDAR OF EVENTS AND STAYING IN TOUCH WITH BUSINESSES AND BUSINESS
OWNERS.
•CHAMBER MASTER A COMPLETE CHAMBER/BUSINESS MANAGING
SOFTWARE SYSTEM, CAPABLE OF CONNECTING CONSTANT CONTACT, THE CHAMBER
WEBSITE, CHAMBER BOARD MEMBERS AND CHAMBER MEMBERS ALL TOGETHER AS
WELL AS RUNNING BUDGETS, EVENTS AND TRACKING METRICS.
CONSTANT CONTACT IMPLEMENTED A EMAIL MARKETING SYSTEM THAT CAN BE USED FOR COMMUNITY INFORMATION, BUSINESS ANNOUNCEMENTS, MARKETING, CALENDAR OF EVENTS AND STAYING IN TOUCH WITH BUSINESSES AND BUSINESS OWNERS.
CHAMBER MASTER a4 coMPLETE CHAMBER/BUSINESS MANAGING
SOFTWARE SYSTEM, CAPABLE OF CONNECTING CONSTANT CONTACT, THE CHAMBER WEBSITE, CHAMBER BOARD MEMBERS AND CHAMBER MEMBERS ALL TOGETHER AS
WELL AS RUNNING BUDGETS, EVENTS AND TRACKING METRICS.
| Hiyl Tomy
OF “COMMERCE ¢
MEMBERSHIP WE HAVE COMPLETELY REDESIGNED THE
CONCEPT OF CHAMBER MEMBERS AND OUR PURPOSE AS THE CHAMBER OF COMMERCE IN OUR COMMUNITY.
NEW APPLICATION
• NEW DESIGN REFLECTS THE NEEDS OF THE BUSINESS “WHAT CAN WE HELP YOU
WITH?”
• ASSESSES THE NEEDS OF THE CHAMBER BUSINESS MEMBER AND SERVES AS AN
ENGAGEMENT PLAN
• MORE PURPOSEFUL IN INTRODUCING CHAMBER ACTIVITIES TO MEMBER AND GAGES
WHAT LEVEL OF COMMITMENT THEY WILL HAVE AS A MEMBER
MEMBERSHIP we nave comptetety REDESIGNED THE CONCEPT OF CHAMBER MEMBERS AND OUR PURPOSE AS THE CHAMBER OF COMMERCE IN OUR COMMUNITY.
NEW APPLICATION
° NEW DESIGN REFLECTS THE NEEDS OF THE BUSINESS “WHAT CAN WE HELP YOU WITH?”
° ASSESSES THE NEEDS OF THE CHAMBER BUSINESS MEMBER AND SERVES AS AN ENGAGEMENT PLAN
° MORE PURPOSEFUL IN INTRODUCING CHAMBER ACTIVITIES TO MEMBER AND GAGES WHAT LEVEL OF COMMITMENT THEY WILL HAVE AS A MEMBER
Hayley
OF " COMMERCE
BUILDING A STRONG SUPPORT SYSTEM THROUGH EVENTS AND PROGRAMS
ADVERTISING ASSISTANCE
• ALL CHAMBER MEMBERS HAVE ACCESS TO
ADVERTISING ON CHAMBER WEBSITE AND
CONTROL OVER CONTENT
• CONSTANT CONTACT NEW LETTER
ADVERTISING SPECIAL INFO AT LEAST 8
OPPORTUNITIES A MONTH
• MEMBERS WILL BE IN BUSINESS
DIRECTORY AND SEND OUT TWICE A YEAR
• SPONSORSHIP ADVERTISING
• MEMBER SHOWCASING’S ON WEBSITE AND
SOCIAL MEDIA
WORKSHOPS AND TRAININGS
• BUSINESS WORKSHOP
• OUTDOOR RECREATION BUSINESS
WORKSHOP
• CUSTOMER SERVICE SEMINARS FOR
CHAMBER MEMBERS AND STAFF
• BUSINESS TOOLS AND LEAN SEMINARS
• SOCIAL MEDIA TRAINING
• FUNDING AND GRANTS
• LEAD PROGRAM
EVENTS • HOLIDAY SHOPPING EVENT
• OUTDOOR RECREATION EXPO
• BEFORE AND AFTER HOURS NETWORKING
• YEARLY GALA
• HOSTING MONTHLY MEETINGS
• RIBBON CUTTINGS
• SHOP LOCAL EVENT
• BUSINESS/JOBS EXPO
• BREW FEST / FESTIVALS
ALL CHAMBER MEMBERS HAVE ACCESS TO ADVERTISING ON CHAMBER WEBSITE AND CONTROL OVER CONTENT
CONSTANT CONTACT NEW LETTER ADVERTISING SPECIAL INFO AT LEAST 8 OPPORTUNITIES A MONTH
MEMBERS WILL BE IN BUSINESS, DIRECTORY AND SEND OUT TWICE A YEAR
SPONSORSHIP ADVERTISING
MEMBER SHOWCASING’S ON WEBSITE AND SOCIAL MEDIA
Kivi
OF " COMMERCE
BUSINESS WORKSHOP
OUTDOOR RECREATION BUSINESS WORKSHOP
CUSTOMER SERVICE SEMINARS FOR CHAMBER MEMBERS AND STAFF
BUSINESS TOOLS AND LEAN SEMINARS SOCIAL MEDIA TRAINING FUNDING AND GRANTS LEAD PROGRAM
HOLIDAY SHOPPING EVENT OUTDOOR RECREATION EXPO
BEFORE AND AFTER HOURS NETWORKING
YEARLY GALA HOSTING MONTHLY MEETINGS RIBBON CUTTINGS SHOP LOCAL EVENT BUSINESS/JOBS EXPO BREWFEST / FESTIVALS
Our Goals • Not only provide support to existing business but also serve as
a guide to start ups and entrepreneurs • Partner with tourism and Heart of Appalachia on new
opportunities for business in our community • Grow the chamber and create more assistance and tools for
businesses • Be able to connect local supply to local demand through
business networking, partnering with incentive possibilities(helping each other)
Our Goals
¢ Not only provide support to existing business but also serve as a guide to start ups and entrepreneurs
¢ Partner with tourism and Heart of Appalachia on new opportunities for business in our community
-
Grow the chamber and create more assistance and tools for businesses
-
Be able to connect local supply to local demand through business networking, partnering with incentive possibilities(helping each other)
tisthspyiy
OF " COMMERCE
BACK ROADS BREW FEST 2017 CASTLEWOOD VA RUSSELL COUNTY FAIR GROUNDS
BREWERIES FOOD AND VENDORS MUSIC • TICKETS WILL BE SOLD FOR
SAMPLE DRINKS FROM GUEST
BREWERIES(GOAL 10 BREWRIES)
• EACH TICKETS IS REDEEMABLE
FOR ONE SAMPLE DRINK
• SAMPLE TICKETS WILL BE SOLD
IN DIFFERENT LEVEL PACKAGES
• LOCAL WINERY AND DISTILLERY
WILL BE INVITED TO PARTICIPATE
• FOOD TRUCKS WILL BE
AVAILABLE FOR GUESTS DURING
EVENT FOR A SETUP FEE
• LOCAL ARTISTS AND CRAFTERS
WILL BE INVITED TO PARTICIPATE
• OTHER VENDORS WILL BE
ALLOWED TO SET UP FOR A FEE
• LOCAL MUSICIANS WILL BE
INVITED
• ONE HEADLINER TO PERFORM AT
EVENT
TICKETS WILL BE SOLD FOR FOOD TRUCKS WILL BE LOCAL MUSICIANS WILL BE
SAMPLE DRINKS FROM GUEST AVAILABLE FOR GUESTS DURING INVITED BREWERIES(GOAL 10 BREWRIES) EEO SET UE EEE ONE HEADLINER TO PERFORM AT EACH Tiamat DEEMABLE LOCAL ARTISTS AND CRAFTERS EVENT ENS ELE DRINK) WILL BE INVITED TO PARTICIPATE SAMPLE TICKETS WILL BE SOLD é IN DIFFERENT LEVEL PACKAGES CTRL es
ALLOWED TO SET UP FOR A FEE
LOCAL WINERY AND DISTILLERY WILL BE INVITED TO PARTICIPATE
BOARD MEMBERS Y MAYS, CHASE PATTON, DAVID LEONARD It,
ALICE MEADE, ASHLEY HARTLESS, BECKI JOYCE, CATH’ GREG BAILEY, JAY LEWIS, JEFF MCCRACKEN, NICOLE REYNOLDS, RACHEL PATTON, RICK CHAFIN,
SARAH WILSON, SHARON VANDYKE, SUSAN HILTON
; Russells CHAMBER.
OF “COMMERCE
Board of Supervisors Action Item B-1
137 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us
Board Appointments
BOARD APPOINTMENTS…………………………………………………………B-1
SPEARHEAD TRAILS Shy Kennedy 3 Year-Term
DANTE COMMUNITY CENTER BOARD MEMBERS Earl Jenkins 2 Year-Term Vacant 2 Year-Term
CASTLEWOOD WATER & SEWER AUTHORITY
Darrell Johnson 4 Year-Term
Library Board of Trustees Linda Tiller 4 Year-Term Allison Steele 4 Year-Term Judy Ashbrook 4 Year-Term
Highway & Safety Commission Gary Dotson 2 Year-Term Johnny B. Jessee 2 Year-Term Steve Dye 2 Year-Term Eugene Ferguson 2 Year-Term Tony Mazfield 2 Year-Term Mike O’Quinn 2 Year-Term Barbara Cox 2 Year-Term Henry Stinson, Jr. 2 Year-Term Mark Mitchell 2 Year-Term Emory Altizer 2 Year-Term
RC PSA Carter McGlothlin 3 Year-Term Steve Newberry 3 Year-Term
SVCC Lynn Keene 4 Year-Term Rita Jo Banner 4 Year-Term
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Motion to appoint Board Members.
Board of Supervisors Action Item B-1 187 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Board Appointments BOARD APPOINTMENTS.
SPEARHEAD TRAILS
‘Shy Kennedy 3 Year-Term DANTE COMMUNITY CENTER BOARD MEMBERS Earl Jenkins 2 Year-Term Vacant 2 Year-Term
CASTLEWOOD WATER & SEWER AUTHORITY Darrell Johnson 4 Year-Term
Library Board of Trustees
Linda Tiller 4 Year-Term Allison Steele 4 Year-Term Judy Ashbrook 4 Year-Term Highway & Safety Commission Gary Dotson 2 Year-Term Johnny B. Jessee 2 Year-Term Steve Dye 2 Year-Term Eugene Ferguson 2 Year-Term Tony Mazfield 2 Year-Term Mike O’Quinn 2 Year-Term Barbara Cox 2 Year-Term Henry Stinson, Jr. 2 Year-Term Mark Mitchell 2 Year-Term Emory Altizer 2 Year-Term RC PSA Carter McGlothlin 3 Year-Term Steve Newberry 3 Year-Term svcc Lynn Keene 4 Year-Term Rita Jo Banner 4 Year-Term STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Motion to appoint Board Members.
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Board of Supervisors Action Item C-1
137 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us
Authorization of Minutes
Request approval of the minutes from the following meeting:
Unapproved BOS Minutes of June 5, 2017
Unapproved BOS Minutes of June 19, 2017
STAFF RECOMMENDATION(s):
Board discretion
SUGGESTED MOTION(s):
Motion to approve Board Minutes.
ATTACHMENTS:
Board Minutes
Board of Supervisors ‘Action Item C-1 137 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Authorization of Minutes
Request approval of the minutes from the following meeting:
- Unapproved BOS Minutes of June 5, 2017
- Unapproved BOS Minutes of June 19, 2017
STAFF RECOMMENDATION(s): Board discretion
SUGGESTED MOTION(s): Motion to approve Board Minutes
ATTACHMENTS:
- Board Minutes
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
June 05, 2017
A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, June 05,
2017 at 6:00 p.m. at the Russell County Government Center in Lebanon, Virginia. A closed session was
held prior to the meeting at 5:00 pm.
The Clerk called the meeting to order.
Roll Call by the Clerk:
Present:
Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Mark Mitchell
Lonzo Lester, Clerk
Absent: None
APPROVAL OF THE AGENDA
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended.
The vote was: Aye: Mark Mitchell, Lou Wallace, Rebecca Dye, David Eaton, Steve Breeding, Tim Lovelace and Carl Rhea Nay: None
CLOSED SESSION
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors
enter into closed session to discuss a prospective personnel matter pursuant to Virginia code 2.2-
3711(A)(1) of the Code of Virginia and to discuss economic development pursuant to Section 2.2-3711
(5) and to discuss a litigation matter pursuant to Section 2.2-3711(7).
The vote was: Aye: Mark Mitchell, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.
June 05, 2017
A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, June 05, 2017 at 6:00 p.m. at the Russell County Government Center in Lebanon, Virginia. A closed session was held prior to the meeting at 5:00 pm.
The Clerk called the meeting to order. Roll Call by the Clerk: Present:
Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Mark Mitchell
Lonzo Lester, Clerk
Absent: None APPROVAL OF THE AGENDA
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended.
The vote was: ‘Aye: Mark Mitchell, Lou Wallace, Rebecca Dye, David Eaton, Steve Breeding, Tim Lovelace and Carl Rhea Nay: None
CLOSED SESSION
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors enter into closed session to discuss a prospective personnel matter pursuant to Virginia code 2.2- 3711(A)(1) of the Code of Virginia and to discuss economic development pursuant to Section 2.2-3711 (5) and to discuss a litigation matter pursuant to Section 2.2-3711(7).
The vote was: ‘Aye: Mark Mitchell, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Bree Nay: None
1g and Rebecca Dye
APPROVAL TO RETURN TO REGULAR SESSION
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session
CERTIFICATION OF CLOSED SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.
Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.
Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard,
discussed or considered during the closed meeting were pursuant only to the motion(s) by which the
closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Mark Mitchell – AYE
Invocation by Roy Harrison, representing the Gideons followed by the Pledge of Allegiance to the Flag.
PUBLIC HEARING ON THE 2017/2018 BUDGET
Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the FY 2017/2018 Budget, Tax Rates and Tax Dates. The Chairman opened the public hearing to comments. There were no comments, the public hearing was closed.
Awards and Recognitions
The Board recognized members the FBLA Chapters from Castlewood, Honaker and Lebanon High Schools for their achievements.
Presentations
Judge Martha Ketron asked the Board to consider making repairs and updates to the Courthouse and to develop a plan to accomplish this task. She made some suggestions as to how to proceed and prioritized the items that were in need of immediate attention. Judge Ketron also thanked the Board for all they have done to make the courthouse more secure.
CERTIFICATION OF CLOSED SESSION
Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.
‘Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.
Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.
Tim Lovelace ~ AYE Lou Wallace ~ AYE Carl Rhea AYE David Eaton — AYE Rebecca Dye - AYE Steve Breeding - AYE Mark Mitchell - AYE
Invocation by Roy Harrison, representing the Gideons followed by the Pledge of Allegiance to the Flag.
PUBLIC HEARING ON THE 2017/2018 BUDGET
Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the FY 2017/2018 Budget, Tax Rates and Tax Dates. The Chairman opened the public hearing to comments. There were no comments, the public hearing was closed.
‘Awards and Recognitions
The Board recognized members the FBLA Chapters from Castlewood, Honaker and Lebanon High Schools for their achievements.
Presentations
Judge Martha Ketron asked the Board to consider making repairs and updates to the Courthouse and to develop a plan to accomplish this task. She made some suggestions as to how to proceed and prioritized the items that were in need of immediate attention. Judge Ketron also thanked the Board for all they have done to make the courthouse more secure.
APPROVAL TO PARTNER WITH THE IDA TO SECURE FUNDING FOR REPAIRS AND UPDATES TO THE RUSSELL COUNTY COURTHOUSE
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to approve a request from Judge Michael Bush, Judge Martha Ketron and Judge Michael Moore to partner with the Russell County Industrial Development Authority to aid in securing financing for updates and repairs to the Russell County Courthouse.
The vote was: Aye: Mark Mitchell, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye, Steve Breeding and David Eaton Nay: None
Sheriff Steve Dye gave a detailed report on the operations of the Sheriff’s Department.
Mike Collins, Executive Director of the Center for Natural Capital addressed the Board on Stream Sweepers Clean the Clinch 2017. He stated that meetings have been initiated with local elected officials, local government staff and members of the community about cleaning up the Clinch River.
APPROVAL TO ENTER INTO AN AGREEMENT WITH THE CENTER FOR NATURAL CAPITAL TO CLEAN UP THE CLINCH RIVER USING STREAMSWEEPERS
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to enter into an agreement with the Center for Natural Capital to aid in the cleanup of the Clinch River using an employment program by the name of Stream Sweepers.
The vote was: Aye: Mark Mitchell, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Steve Breeding and Rebecca Dye Nay: None
Dick Collins and Elaine Rock, Boys and Girls Club of the Mountain Empire made a presentation to the Board concerning the possibility of locating a boys and girls club in Russell County.
The Board recognized Castlewood High School for various accomplishments by the students and teachers which included State History Day, Virginia History Day Teacher of the Year Award, Appalachian FFA Awards, Barter Theater Young Playwrights Festival Contest, 41st Annual John Fox Jr. Literary Festival Contest and State Forensics.
New Business
APPROVAL OF THE MAY 01, 2017 MINUTES
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve the May 01, 2017 minutes and dispense with the reading thereof.
The vote was: Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO PARTNER WITH THE IDA TO SECURE FUNDING FOR REPAIRS AND UPDATES TO THE RUSSELL COUNTY COURTHOUSE
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to approve a request from Judge Michael Bush, Judge Martha Ketron and Judge Michael Moore to partner with the Russell County Industrial Development Authority to aid in securing financing for updates and repairs to the Russell County Courthouse.
The vote was: ‘Aye: Mark Mitchell, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye, Steve Breeding and David Eaton Nay: None
Sheriff Steve Dye gave a detailed report on the operations of the Sheriff’s Department. Mike Collins, Executive Director of the Center for Natural Capital addressed the Board on Stream
Sweepers Clean the Clinch 2017. He stated that meetings have been initiated with local elected off local government staff and members of the community about cleaning up the Clinch River.
ils,
APPROVAL TO ENTER INTO AN AGREEMENT WITH THE CENTER FOR NATURAL CAPITAL TO CLEAN UP ‘THE CLINCH RIVER USING STREAMSWEEPERS
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to enter into an agreement with the Center for Natural Capital to aid in the cleanup of the Clinch River using an employment program by the name of Stream Sweepers.
The vote was: ‘Aye: Mark Mitchell, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Steve Bree Nay: None
1g and Rebecca Dye
Dick Collins and Elaine Rock, Boys and Girls Club of the Mountain Empire made a presentation to the Board concerning the possibility of locating a boys and girls club in Russell County.
‘The Board recognized Castlewood High School for various accomplishments by the students and teachers which included State History Day, Virginia History Day Teacher of the Year Award, Appalachian FFA Awards, Barter Theater Young Playwrights Festival Contest, 41° Annual John Fox Jr. Literary Festival Contest and State Forensics.
New Business APPROVAL OF THE MAY 01, 2017 MINUTES
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve the May 01, 2017 minutes and dispense with the reading thereof.
The vote was: ‘Aye: David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $453,699.05 including reoccurring and withholdings.
The vote was; Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
Board Appointments
DAVID EATON AND ERNIE MCFADDEN APPOINTED TO THE REGIONAL INDUSTRIAL DEVELOPMENT AUTHORITY
David Eaton nominated Ernie McFadden
Hearing no other nominations, the Chairman appointed Ernie McFadden by acclamation to the Regional Industrial Development Authority.
Carl Rhea nominated David Eaton
Hearing no other nominations, the Chairman appointed David Eaton by acclamation to the Regional Industrial Development Authority.
Citizens Comment
The Chairman opened citizen comment period.
Kelly McBride Delph, RCPL asked the Board to spread the word about their Summer Reading Program
The Chairman closed public comment period.
Constitutional Officer Reports and Requests
Rick Thompson, Treasurer updated the Board on the status of tax collection and the employee health insurance balance.
County Administrator Reports and Requests
APPROVAL OF A RESOLUTION TO DESIGNATE RT. 82 AS TERRY ALSUP MEMORIAL HWY
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to approve a resolution to designate Rt. 82 as Terry Alsup Memorial Highway.
The vote was Aye: Mark Mitchell, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Steve Breeding Nay: None
APPROVAL OF GENERAL COUNTY INVOICES
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $453,699.05 including reoccurring and withholdings.
The vote was; ‘Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
Board Appointments
DAVID EATON AND ERNIE MCFADDEN APPOINTED TO THE REGIONAL INDUSTRIAL DEVELOPMENT ‘AUTHORITY
David Eaton nominated Ernie McFadden
Hearing no other nominations, the Chairman appointed Ernie McFadden by acclamation to the Regional Industrial Development Authority.
Carl Rhea nominated David Eaton
Hearing no other nominations, the Chairman appointed David Eaton by acclamation to the Regional Industrial Development Authority.
Citizens Comment
The Chairman opened citizen comment period.
Kelly McBride Delph, RCPL asked the Board to spread the word about their Summer Reading Program The Chairman closed public comment period.
Constitutional Officer Reports and Requests
Rick Thompson, Treasurer updated the Board on the status of tax collection and the employee health insurance balance.
County Adi ator Reports and Requests APPROVAL OF A RESOLUTION TO DESIGNATE RT. 82 AS TERRY ALSUP MEMORIAL HWY
Motion made by Mark Mitchell, second Tim Lovelace and duly approved by the Board of Supervisors to approve a resolution to designate Rt. 82 as Terry Alsup Memorial Highway.
The vote was ‘Aye: Mark Mitchell, Tim Lovelace, Lou Wallace, Carl Rhea, David Eaton, Rebecca Dye and Steve Breeding Nay: None
APPROVAL OF A RFP FOR PICTOMETRY SERVICES
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to advertise for a request for proposals of Pictometry Services.
The vote was: Aye: Mark Mitchell, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye, David Eaton and Steve Breeding Nay: None
APPROVAL TO NEGIOTIATE A RECYCLE CENTER LAND LEASE
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to begin negotiations on a Recycle Center Land Lease.
The vote was: Aye: David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Lou Wallace, Mark Mitchell and Tim Lovelace Nay: None
APPROVAL OF A $60.00 PER TON FEE FOR RUSSELL COUNTY LANDFILL TREE AND BUSH TONAGE
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to approve a fee of $60.00 per ton for Russell County Landfill Tree & Brush tonnage price.
The vote was: Aye: Mark Mitchell, Lou Wallace, Steve Breeding, Carl Rhea, Rebecca Dye, David Eaton and Tim Lovelace Nay: None
APPROVAL OF AN AGREEMENT BETWEEN SW VA CLEO AND WDB
Motion made by Lou Wallace, second David Eaton and duly approved by the Board of Supervisors to authorize the SW Virginia Local Elected Officials Consortium Agreement with Workforce Development Board.
The vote was: Aye: Lou Wallace, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Mark Mitchell and Rebecca Dye Nay: None
APPROVAL OF A LETTER OF ENGAGEMENT WITH ROBINSON, FARMER AND COX
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to approve a Letter of Engagement with Robinson, Farmer and Cox Associates of the 2017 County Wide Audit.
The vote was: Aye: Lou Wallace, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Mark Mitchell and Rebecca Dye Nay: None
APPROVAL OF A RFP FOR PICTOMETRY SERVICES
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to advertise for a request for proposals of Pictometry Services.
The vote was: ‘Aye: Mark Mitchell, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye, David Eaton and Steve Breeding Nay: None
APPROVAL TO NEGIOTIATE A RECYCLE CENTER LAND LEASE
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to begin negotiations on a Recycle Center Land Lease.
The vote was: Aye: David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Lou Wallace, Mark Mitchell and Tim Lovelace Nay: None
APPROVAL OF A $60.00 PER TON FEE FOR RUSSELL COUNTY LANDFILL TREE AND BUSH TONAGE
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to approve a fee of $60.00 per ton for Russell County Landfill Tree & Brush tonnage price.
The vote was: ‘Aye: Mark Mitchell, Lou Wallace, Steve Breeding, Carl Rhea, Rebecca Dye, David Eaton and Tim Lovelace
Nay: None APPROVAL OF AN AGREEMENT BETWEEN SW VA CLEO AND WDB
Motion made by Lou Wallace, second David Eaton and duly approved by the Board of Supervisors to authorize the SW Virginia Local Elected Officials Consortium Agreement with Workforce Development Board.
The vote was: ‘Aye: Lou Wallace, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Mark Mitchell and Rebecca Dye Nay: None
APPROVAL OF A LETTER OF ENGAGEMENT WITH ROBINSON, FARMER AND COX
Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to. approve a Letter of Engagement with Robinson, Farmer and Cox Associates of the 2017 County Wide Audit.
The vote was: ‘Aye: Lou Wallace, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Mark Mitchell and Rebecca Dye Nay: None
APPROVAL OF AN AGREEMENT WITH PEOPLE, INC FOR A CHILD DEVELOPMENT CTR AT THE SWORDS CREEK COMMUNITY CENTER
Motion made by David, second Carl Rhea and duly approved by the Board of Supervisors to approve an agreement with People, Inc. and Russell County for the Child Development Center in the Swords Creek Community Center.
The vote was: Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO DONATE $150.00 PER STUDENT FOR COUNTY FBLA CHAPTERS TO TRAVEL TO NATIONAL
COMPETITION
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to authorize a donation of $150.00 per student for Castlewood, Lebanon and Honaker FBLA Chapters to attend national completion.
The vote was: Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF A $150.00 PER STUDENT DONATION TO THE RUSSELL COUNTY CAREER AND TECHNOLOGY CENTER TO TRAVEL TO NATIONAL COMPETITION
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a $150.00 per student donation to the Russell County Career and Technology Center for the Skills USA National Championship.
The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF A $500.00 DONATION TO THE GUITARS AND GOOD TIMES EVENT
Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to authorize a $500.00 donation to the Guitars and Good Times event hosted by the Russell County Medical Center Foundation.
The vote was: Aye: David Eaton, Rebecca Dye, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Mark Mitchell Nay: None
APPROVAL OF AN AGREEMENT WITH PEOPLE, INC FOR A CHILD DEVELOPMENT CTR AT THE SWORDS ‘CREEK COMMUNITY CENTER
Motion made by David, second Carl Rhea and duly approved by the Board of Supervisors to approve an agreement with People, Inc. and Russell County for the Child Development Center in the Swords Creek Community Center.
The vote was: ‘Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO DONATE $150.00 PER STUDENT FOR COUNTY FBLA CHAPTERS TO TRAVEL TO NATIONAL COMPETITION
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to authorize a donation of $150.00 per student for Castlewood, Lebanon and Honaker FBLA Chapters to attend national completion.
The vote was: ‘Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF A $150.00 PER STUDENT DONATION TO THE RUSSELL COUNTY CAREER AND ‘TECHNOLOGY CENTER TO TRAVEL TO NATIONAL COMPETITION
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a $150.00 per student donation to the Russell County Career and Technology Center for the Skills USA National Championship.
The vote was: ‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF A $500.00 DONATION TO THE GUITARS AND GOOD TIMES EVENT
Motion made by David Eaton, second Rebecca Dye and duly approved by the Board of Supervisors to authorize a $500.00 donation to the Guitars and Good Times event hosted by the Russell County Medical Center Foundation.
The vote was: ‘Aye: David Eaton, Rebecca Dye, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding and Mark Mitchell
Nay: None
APPROVAL OF A $250.00 DONATION TO THE RUSSELL COUNTY PREVENTION COALITION
Motion made by Mark Mitchell. Second by Carl Rhea and duly approved by the Board of Supervisors to authorize a donation of $250.00 to the Russell County Drug and Alcohol Free Throw down Graduation Party provided by the Russell County Prevention Coalition.
The vote was: Aye: Mark Mitchell, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and David Eaton Nay: None
APPROVAL OF A $500.00 DONATION TO THE TOWNS OF LEBANON, HONAKER AND CLEVELAND
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a $500.00 donation to the Town of Lebanon, Town of Honaker and Town of Cleveland to assist with the July 04 celebrations.
The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO AUTHORIZE PREPAYMENT OF THE JULY EXPENDITURES AND MOVE THE JULY BOARD MEETING TO JULY 10, 2017 AT 3:00 PM
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve pre-payment of the July 2017 county expenditures and move the July Board meeting to Monday, July 10, 2017 at 3:00 pm.
The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO OPEN THE CANNERIES ON JULY 18, 2017
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to set Tuesday, July 18, 2017 as opening day for the canneries.
The vote was: Aye: David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye, Steve Breeding and Mark Mitchell Nay: None
APPROVAL OF A TRAVEL REQUEST FOR THE BUILDING OFFICIAL
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to approve a travel request for the Building Official’s office for training.
The vote was: Aye: Mark Mitchell, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None
APPROVAL OF A $250.00 DONATION TO THE RUSSELL COUNTY PREVENTION COALITION
Motion made by Mark Mitchell. Second by Carl Rhea and duly approved by the Board of Supervisors to authorize a donation of $250.00 to the Russell County Drug and Alcohol Free Throw down Graduation Party provided by the Russell County Prevention Coalition,
The vote was: ‘Aye: Mark Mitchell, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and David Eaton
Nay: None
APPROVAL OF A $500.00 DONATION TO THE TOWNS OF LEBANON, HONAKER AND CLEVELAND
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize a $500.00 donation to the Town of Lebanon, Town of Honaker and Town of Cleveland to assist with the July 04 celebrations,
The vote was: ‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO AUTHORIZE PREPAYMENT OF THE JULY EXPENDITURES AND MOVE THE JULY BOARD MEETING TO JULY 10, 2017 AT 3:00 PM.
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve pre-payment of the July 2017 county expenditures and move the July Board meeting to Monday, July 10, 2017 at 3:00 pm.
The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO OPEN THE CANNERIES ON JULY 18, 2017
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to set Tuesday, July 18, 2017 as opening day for the canneries.
The vote was: Aye: David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye, Steve Breeding and Mark Mitchell Nay: None
APPROVAL OF A TRAVEL REQUEST FOR THE BUILDING OFFICIAL
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to approve a travel request for the Building Official’s office for training.
The vote was: ‘Aye: Mark Mitchell, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding and Rebecca Dye Nay: None
APPROVAL OF A PLAT FOR 135 SAMUEL RATCLIFF ROAD
Motion made by David Eaton, second Mark Mitchell and duly approved by the Board of Supervisors to approve a plat for 135 Samuel Ratcliff road as requested by the Russell County Planning Commission.
The vote was:
Aye: Mark Mitchell, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Steve Breeding Nay: None
APPROVAL TO AUTHORIZE THE COUNTY ADMINISTRATOR TO SETTLE A FEDERAL LAWSUIT WITH REBECCA WILSON
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to negotiate a resolution of the federal lawsuit brought by Rebecca Wilson, who seeks hundreds of dollars from Russell County. The Board authorizes the County Administrator to resolve the case for nuisance value of no more than $5000.00, a dismissal of any and all claims by Wilson against the County and its employees and an express statement that the County admits no fault or liability whatsoever.
The vote was: Aye: Mark Mitchell, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Steve Breeding and Rebecca Dye Nay: None
APPROVAL TO COMMIT M & T AND REAL ESTATE TAXES IF NECESSARY TO AID IN FUNDING THE BELT
PROJECT IF NECESSARY
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to approve the commitment of machinery and tools and real estate taxes for funding for the Belt Project if necessary.
The vote was: Aye: Mark Mitchell, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Steve Breeding Nay: None
APPROVAL TO ADJOURN TO RECONVENE ON MONDAY, JUNE 19, 2017 AT 3:00 PM
Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to adjourn to reconvene on Monday, June 19, 2017 at 3:30 pm.
The vote was: Aye: Mark Mitchell, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Steve Breeding Nay: None
APPROVAL OF A PLAT FOR 135 SAMUEL RATCLIFF ROAD
Motion made by David Eaton, second Mark Mitchell and duly approved by the Board of Supervisors to approve a plat for 135 Samuel Ratcliff road as requested by the Russell County Planning Commission.
The vote was:
‘Aye: Mark Mitchell, David Eaton, Tim Lovelace, Car! Rhea, Lou Wallace, Rebecca Dye and Steve Breeding Nay: None
APPROVAL TO AUTHORIZE THE COUNTY ADMINISTRATOR TO SETTLE A FEDERAL LAWSUIT WITH REBECCA WILSON
Motion made by Mark Mitchell, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to negotiate a resolution of the federal lawsuit brought by Rebecca Wilson, who seeks hundreds of dollars from Russell County. The Board authorizes the County Administrator to resolve the case for nuisance value of no more than $5000.00, a dismissal of any and all claims by Wilson against the County and its employees and an express statement that the County admits no fault or liability whatsoever.
The vote was ‘Aye: Mark Mitchell, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Steve Breeding and Rebecca Dye Nay: None
APPROVAL TO COMMIT M & T AND REAL ESTATE TAXES IF NECESSARY TO AID IN FUNDING THE BELT PROJECT IF NECESSARY
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to approve the commitment of machinery and tools and real estate taxes for funding for the Belt Project if necessary.
The vote was: ‘Aye: Mark Mitchell, David Eaton, Tim Lovelace, Car! Rhea, Lou Wallace, Rebecca Dye and Steve Breeding Nay: None
APPROVAL TO ADJOURN TO RECONVENE ON MONDAY, JUNE 19, 2017 AT 3:00 PM
Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to adjourn to reconvene on Monday, June 19, 2017 at 3:30 pm.
The vote was: ‘Aye: Mark Mitchell, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Steve Breeding
Nay: None
June 19, 2017
An adjourned meeting of the Russell County Board of Supervisors was held on Monday, June 19, 2017 at
3:30 pm at the Russell County Government Center in Lebanon, Virginia.
The meeting was called to order by the Clerk of the Board.
Invocation by Chairman Steve Breeding followed by the Pledge of Allegiance to the Flag.
Roll Call by the Clerk:
Present:
Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Mark Mitchell
Lonzo Lester, Clerk
Absent: None
APPROVAL OF THE AGENDA
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to
approve the agenda as presented.
The vote was: Aye: Mark Mitchell, David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Tim Lovelace Nay: None
TONY DODI APPOINTED TO THE RUSSELL COUNTY IDA
Motion made by Tim Lovelace, second Rebecca Dye and duly approved by the Board of Supervisors to appoint Tony Dodi to the Russell County Industrial Development Authority to fill the unexpired term of Becki Joyce, said term ending December 31, 2019.
The vote was:
Aye: Tim Lovelace, Rebecca Dye, Carl Rhea, David Eaton and Steve Breeding
Nay: Lou Wallace
Abstain: Mark Mitchell
June 19, 2017
‘An adjourned meeting of the Russell County Board of Supervisors was held on Monday, June 19, 2017 at 3:30 pm at the Russell County Government Center in Lebanon, Virginia.
The meeting was called to order by the Clerk of the Board.
Invocation by Chairman Steve Breeding followed by the Pledge of Allegiance to the Flag, Roll Call by the Clerk:
Present:
Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Mark Mitchell
Lonzo Lester, Clerk
Absent: None ‘APPROVAL OF THE AGENDA
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as presented.
The vote was:
‘Aye: Mark Mitchell, David Eaton, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Tim Lovelace Nay: None
‘TONY DOD! APPOINTED TO THE RUSSELL COUNTY IDA
Motion made by Tim Lovelace, second Rebecca Dye and duly approved by the Board of Supervisors to. appoint Tony Dodi to the Russell County Industrial Development Authority to fill the unexpired term of Becki Joyce, said term ending December 31, 2019.
The vote was:
‘Aye: Tim Lovelace, Rebecca Dye, Carl Rhea, David Eaton and Steve Breeding Nay: Lou Wallace
‘Abstain: Mark Mitchell
APPROVAL OF THE CY 2018 TAX RATES
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the CY 2018 tax rates as presented with no change from 2017 rates as follows:
The vote was: Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye, Steve Breeding and Mark Mitchell Nay: None
Real Estate .63
Mobile Homes .63
Personal Property $1.95
Machinery & Tools $1.65
Merchant’s Capital .65
APPROVAL OF CY 2018 TAX DUE DATES
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve the CY 2018 tax due dates as presented as follows:
Real Estate, Personal Property, Machine & Tools, Merchants Capital and Mineral Taxes: May 25 and November 25
Mineral Tax Reporting Date: February 01
The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL OF THE FY 2017/2018 GENERAL OPERATING BUDGET
Motion made by David Eaton, second Mark Mitchell and duly approved by the Board of Supervisors to approve the FY 2017/2018 general operating budget and appropriations.
The vote was: Aye: David Eaton, Mark Mitchell, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding and Rebecca Dye Nay: None
APPROVAL TO TRANSFER THE ANIMAL CONTROL OFFICERS TO THE RUSSELL COUNTY SHERIFF’S DEPARTMENT
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to transfer the Animal Control Officers to the Russell County Sheriff’s Department effective immediately.
The vote was: Aye: Mark Mitchell, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Steve Breeding Nay: None
APPROVAL OF THE CY 2018 TAX RATES
Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the CY 2018 tax rates as presented with no change from 2017 rates as follows:
The vote was: ‘Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye, Steve Breeding and Mark Nay: None
Real Estate 63 Mobile Homes 63 Personal Property $1.95 Machinery & Tools $1.65 Merchant’s Capital 65
APPROVAL OF CY 2018 TAX DUE DATES
Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve the CY 2018 tax due dates as presented as follows:
Real Estate, Personal Property, Machine & Tools, Merchants Capital and Mineral Taxes: May 25 and November 25
Mineral Tax Reporting Date: February 01
The vote was: ‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Mark Mitchell
Nay: None APPROVAL OF THE FY 2017/2018 GENERAL OPERATING BUDGET
Motion made by David Eaton, second Mark Mitchell and duly approved by the Board of Supervisors to approve the FY 2017/2018 general operating budget and appropriations.
The vote was: ‘Aye: David Eaton, Mark Mitchell, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding and Rebecca Dye Nay: None
APPROVAL TO TRANSFER THE ANIMAL CONTROL OFFICERS TO THE RUSSELL COUNTY SHERIFF’S DEPARTMENT.
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to. transfer the Animal Control Officers to the Russell County Sheriff’s Department effective immediately.
The vote was: ‘Aye: Mark Mitchell, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Steve Breeding Nay: None
APPROVAL TO ADVERTISE FOR AN RFP FOR THE GENERAL REASSESSMENT
Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to advertise for a request for proposals for the general reassessment.
The vote was: Aye: Carl Rhea, Lou Wallace, Tim Lovelace, David Eaton, Steve Breeding, Rebecca Dye and Mark Mitchell Nay: None
APPROVAL TO ADJOURN
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to adjourn.
The vote was: Aye: Mark Mitchell, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Steve Breeding Nay: None
Clerk of the Board Chairman
APPROVAL TO ADVERTISE FOR AN RFP FOR THE GENERAL REASSESSMENT
Motion made by Carl Rhea, second Lou Wallace and duly approved by the Board of Supervisors to authorize the County Administrator to advertise for a request for proposals for the general reassessment.
The vote was: ‘Aye: Carl Rhea, Lou Wallace, Tim Lovelace, David Eaton, Steve Breeding, Rebecca Dye and Mark Mitchell
Nay: None APPROVAL TO ADJOURN
Motion made by Mark Mitchell, second David Eaton and duly approved by the Board of Supervisors to adjourn.
The vote was: ‘Aye: Mark Mitchell, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Steve Breeding Nay: None
Clerk of the Board Chairman
COUNTY OF RUSSELL Proposed Budget for Fiscal Year
July 1, 2017 - June 30, 2018
The Russell County Fiscal Year 2017/2018 Proposed Budget is prepared and published for informative and fiscal planning purposes
only. It does not constitute an obligation or commitment on the part of Board of Supervisors of the county to appropriate any funds
for that item or purpose. There is no allocation or designation of any funds of this County for any purpose until there has been an
appropriation for that purpose by the Board of Supervisors.
Expenditures by Fund Type and Function FY2017 FY2018 Percentage
Budget Proposed Budget Change
General Fund
General Government Administration $ 1,827,812 $ 1,803,076 -1.3%
Judicial Administration 2,086,406 2,172,984 4.1%
Public Safety 6,149,502 6,063,804 - 1.4%
Environmental Control 2,122,849 1,814,396 -14.5%
General Services 946,401 952,401 0.6%
Health and Welfare 1,285,743 1,285,743 0.0%
Education 9,041,682 9,366,682 3.6%
Parks, Recreation & Cultural 540,910 556,756 3.0%
Community Development 397,066 398,066 0.1%
Non-Departmental 197,347 210,347 6.6%
Capital Outlay and Transfers 633,821 650,813 3.0%
Debt Service 998,876 1,070,485 7.2%
%
Total General Fund $ 26,228,415 $ 26,345,553 0.0045%
Special Revenue Funds
Coal Road Fund $ 150,000 $ 150,000 0.00%
SWVA ASAP Fund 280,954 280,954 0.00%
Virginia Public Assistance Fund 4,326,092 5,127,647 18.5%
Comprehensive Services Act Fund 1,088,731 1,088,731 0.00%
Workforce Investment Board Fund 2,746,846 2,746,846 0.00%
Total Special Revenue Funds 8,592,623 9,394,178 9.3%
Enterprise Funds
Canneries 30,000 30,000 0.00%
Dante Sewer Fund 276,000 276,000 0.00%
306,000 306,000 0.00%
Total Expenditures 35,127,038 36,045,731 2.6%
Tax Dates
2017/2018
Real Estate, Personal Property, Machine & Tool, May 25th
Merchant’s Capital, and Mineral Taxes November 25th
Mineral Tax Reporting Date February 1st
Tax Rates
2017 2018
Real Estate $ 0.63 $ 0.63
Mobile Homes $ 0.63 $ 0.63
Personal Property $ 1.95 $ 1.95
Machinery & Tools $ 1.65 $ 1.65
Merchant’s Capital $ 0.65 $ 0.65
Authorized by Russell County Board of Supervisors
COUNTY OF RUSSELL Proposed Budget for Fiscal Year July 1, 2017 - June 30, 2018
|The Russell County Fiscal Year 2017/2018 Proposed Budget is prepared and published for informative and fiscal planning purposes lonly. it does not constitute an obligation or commitment on the part of Board of Supervisors of the county to appropriate any funds lor that item or purpose. There is no allocation or designation of any funds of this County for any purpose until there has been an lappropriation for that purpose by the Board of Supervisors.
lExpenditures by Fund Type and Function Fy2017 Fy2018 Percentage Budget ProposedBudget_ Change |General Fund General Government Adminstration S 1827812 $1,803,076 13% Judicial Administration 2,086,406 2,172,984 44% Public Safety 6,149,502 6,063,804 21.4% Environmental Control 2,122,849 1,814,396 145% General Services ‘946,401 952,401 0.6% Health and Wetfare 41,285,743 41,285,743, 0.0% Education 9)041,682 9/366,682 3.6% Parks, Recreation & Cultural 540,910 556,756 3.0% ‘Community Development 397,066 398,066 0.1% 'Non-Deparimental 197,347 210,387 66% Capital Outlay and Transfers 633,821 650,813, 3.0% Debt Service 998.878 __1.070.485 12% {Total General Fund $26,228,415 $26,945,553 —t.004s%
|Special Revenue Funds,
‘Coal Road Fund $10,000 $ 150,000 SWVA ASAP Fund 280,958 280,954 Virginia Public Assistance Fund 4,226,092 5,127,647 Comprehensive Services Act Fund 11088,731 11,088,731 \Workforee Investment Board Fund 2.746.046 2,746,046
[Total Special Revenue Funds
592,623 9,394,178
lEnterprise Funds Canneres, 30,000 30,000 0.00% Dante Sewer Fund 276,000 276,000 0.00% 306,000 0.00%
[Total Expenditures 28%
TaxDates
2017/2018 |Real Estate, Personal Property. Machine & Tool May 25th Merchant’s Capital. and Mineral Taxes November 25th Mineral Tax Reporting Date February tst
TaxRates 2017 2018
IReal Estate 5 ve OS o6S Mobile Homes 8 06s S$ 063 lPersonalProperty 8 195 $ 1.95 IMachinery & Tools s 165 8 1.65 IMerchant’s Capital 8 oss S$ 06s
|Authorized by Russell County Board of Supervisors
Board of Supervisors Action Item C-2
137 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us
Approval of Expenditures
Request approval of the County’s June 2017 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s June 2017 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s):
Motion to approve County’s June 2017 Monthly Expenditures.
ATTACHMENTS:
June 2017 Monthly Expenditures
Board of Supervisors Action Item C-2 137 Highland Drive Presenter: Chairman Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Approval of Expenditures Request approval of the County’s June 2017 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s June 2017 Monthly Expenditures are in compliance with budget and operational services.
SUGGESTED MOTION(s): Motion to approve County’s June 2017 Monthly Expenditures.
ATTACHMENTS:
- June 2017 Monthly Expenditures
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
pace 1
20.8
2 aoe
cass
nossa
A/P CASH REQUIREMENTS PRE-LIST company #001 FuwmWai00
sxounr g/t. accousr
DoInow OFFICE Fe
DOMINION OFFr Dawinion OPFtce 1 Dourton oppice 7: Bourton OFFICE 3 Doutaion OppicE 8: DOMINION OFFICE 8 BoMINION OFFICE 01602
syaay2a7 DPREER ADE ASS 2017050562
syarf20a sAgLEVEEY useoese
504 ELK NECK SALES 1213
003836 EXVIRONWENTAL B 0S-141724
957 EUROPINS LANCAS
a0 PAST GARAGE,
110 FREEDOM FORD 207 G & K SERVICES
2.0.8
<aozs-neoreo-pots o0"9 o0:3 a6tee sOIMES xavOaH Estoo0 LtOz/sz/5 LTOZ/s0/e Cgopacozoteo-oore o8-Tez os-taz Getee aozauss Agvba ecoo0 Leoe/ee/s LEDe/90/0 Tgose-oeoreo-oory ee’es Sees. Lite abuses Aavsay eseo09 ctoe/ye/s Lroe/se/e OPE-OZ0TED-OOTF 90°00 ee-00r Setee sonuss anvoax estooo troe/et/s Ltoe/s0/t uozoveb-ooty se-3e? Seger Ostet gozauas agua esco00 Leoe/e0/a LEDE/S0/L Supgowso-oety ee’383° ee geet Seect SDIAMES AaTeas ESe000 Ltoz/ee/s Ltoe/90/e
- b0"00e 80-008 == -eoge-oeoeuo-oory” bo" noe Go-00r LToeeTS0 savas ‘avEONR eFtFOO utoe/ee/s toe/90/¢ D008 boost s-9798¢0-00tP" 00-St bovost Loco eutEHorA “saNoo ssee00 ¢toe/to/s LtDe/s0/e sove-aouera-oore” 08"ate beste yroet-ase wnaTowine SuKOD s61P00 Lr0z/t0/9 LtoR/90/L = = -s00e-oeoeso-cors” Goss bovest yo0t 00 Leas NossHOR ceeo0a Lt0e/ez/s etoE/20/L Tl Nesersesesoceots oo-aar bo-e8y feor oo sue Rosmwos Leeago czoz/ce/a Z208/90/t
seve 5e8 orvrt wing suse mon Lescoo Lroz/oz/s <xoz/90/2 Stes St23 beter wars suuac amor Leseo0 Lte/st/s ctoz/sore foese fovese 1 sxovseao Had Guaua Hor Lestee Luee/ae/3 Lade/s0/e Gest best ‘zo6t0 wREs sees Anon Lestoo Lv0e/t0/e Li0e/90/e See bere Glico wars use auoD Lestoe Li0e/t0/9 Li0e/30/e sree breeze ereee eeeee or erozorso TAT ‘sassue gceve0 LtOZ/oz/9 Lt0z/90/4 -ezoe-otoveo-oor” $9°see bovsee NOI OIL WAVEG ‘asseED oe%00 ctOE/oe/9 LTOE/s0/e 4 90868 S0-es6"e -zoot-ooreto-o0r9" 00-666 ooveee"e 9195 ‘srpmArsowumiar Fet¥00 Ltoe/oe/s LYet/90/¢
- Se eee Ghesess <sove-ozoreo-vote” 9o-set be-sse LOT NORD SAILWAONMIE oNREDO LTDE/Ee/s LT0E/90/6 “Eooe-oz0Eeo-00ty ose eorser Let HOEL EALLURORNE 590600 LtDe/e0/> LtoE/S0/¢ Ll Leesecereeuo-oors Se-ser Seger Geet soma snezenomse Seesoo Ltoe/ee/e itoe/sa/e Il Teescsovseo-cory oo-cer Se-act Geet Hous anssvnowate eeeo9 Ltoe/ee/s txoe/s0/e Il Lagecooeeta-oor covese’e bovssere Seet HoRn EAlawnom S9etoe Ltoe/ee/s Ltoe/sa/e
= = “bps sesese Taps De0e: “oes ores:
~errs-proeuo-pore
LoL Tegs-etoses-oory Severe Shere Eger Haz HALEAGAE Gaeeoo Lioe/ee/s LTDe/se/e 2 ol Meoecseoevo-oory seve fess TeET HORE EALIVAONNE 99800 Lroe/ee/s LroE/s0/c Il Mgsecerarao-cors be-eer oeeer Suet A9aE SAZaMAONNE Saecoo LtOE/ee/e 1DE/90/e
- 00-oue bo-one -eozs-osozeo-corr 09° 008 boone Exset ROOTORKORS OT GEPEOO ETOe/e0/9 LLOE/9B/L se-5us"t se-5s’t = = -pors-oeoreo-oor" beet gevust e519 urn gonwnaan ¥ee000 etOE/9e/s uTDE/s0/¢ Tipvecoesteocoore vo-eee bo-eee Eee9 Hert Simmmwans veeoea Cree/90/3 Ltoe/90/L Ceptecozovea-cory o0-eee bo-eee Etts Heri Simwusane reovo Ceoe/ot/s Lroe/30/¢ 2 ggvecszoreo-oore oo-see bovsee Sots Hani S.nwuaaad P1e000 ctoe/eo/e ctoE/30/t . best beret seovs-ooreso-cory” O6°3t best ELTTOOT S SHEL HEDRENOK aoe000 JtoR/ez/9 Lxoe/s0/e . 20°¢ bose seoes-oeoreo-votr G0" bo-ve exoeez90 NOI SENPIKOTK 9S0¥0e stoe/e2/2 «toe/s0/e -osoe-pooreo-oote” G9°008’2 bo-0032 Sezrtetoe WINEaw 40 SECEK GESe00 L70z/21/9 LtOR/90/L 409-38 oo-88 -eoos-otoeuo-orw’ 00°88 60:56 ot eeoe-ur AE-SEH StED00 {t0z/S0/9 Lt0e/90/2 = -gooe-ceceuo-core” g0"9ee bees stozets any ‘RoutiMen coTv00 ctoz/e1/a ctoe/90/e 4 otuee or use == -eovs-ozoreo-oore” 31-252 pe socere snore wavy ezezoo stoe/ez/s_sx0z/s0/e
soe voredaung — T00- ANVENIOD ZSTT-SNE SINEMENINOHY HYD a/¥ exoz/so/eo90a¥
AJP CASH REQUIREMSNTS PRE-LIST COMPANY 8-001
Poxots100
UE G/L nccoue
par 6
P.O
TEER, CHRIRIA 06132037
TRAVEL 2017 TRAVEL 2017
06/2017 000881 NORFOIK SOUTHER 5
0 003846 PAT’S KOURTRY D 1
110 OL) PATRICK KENNETH 67012017
‘STINE SPRING
PuRcHasE PowER
RAK, cHavRoLaT
OH AMERICRS OOH AMEREGRS
RoBsELL comm
Sam’s chua/ce SiM’s CiUB/n 000884 SaN’s cius/cE 20esea Sa’s cioB/ cn
Scorn, ERBERT
ae testo 380.80 a3 seas tte ae
‘aposo 7/06/2027 A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-001
poe pare
crass
oxoss aur
‘fee 72037
ryeep2ea
ares/20a7
2498/2007
waco vcosoeoai
715 o6oize17
STATE DUES 2017-2018
WHOLESALE SUPDL 1
WIRELESS CORON 1
XPRESS LUBE RESS LOSE XPRESS LUBE
TotaL FOR DUE DATE
a0
78.00,
029 VERIZON 9-083990-s203-
TOTAL FOR DUR DATE ‘TOPAL DUE FOR PU Wox-DiRzer DEP PENAL DOE
Ave crnce nacrsren - pos
NP ormcx meszsren,
anes 6/26/2007 AJP CHECK SECISTER —TOEASI2655 RceEA- 027/05 ag
arto 6/21/2017 mme-inaziss aned - 2027/06
smiga 6/23/2037
vmn-is.35s00 AccPa ~ 2007/06
srimp-asissi00 Actes = a0nr/oe mae
asco 6/msan7 Ae cmsck mecisTen —Thw-isss2i00 noted - 20u7/96 mag
crcramy omer
ave omen searsren —t5155:00 pated - 2oia/oe ES
asi faa
neo fava Afb cumcx mromsraa MEAS 39:09 AcE = 200/06 = maT
meee ow? aecoome
mes romn 23 = BRUALS IME WEEKLY 106 SHEET TOTALS As ADTUSTED.
Board of Supervisors Action Item D-1
137 Highland Drive Presenter: Attorney Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Attorney Reports & Requests
The County Attorney Reports & Request for July 2017:
REPORTS
- Authorization of Resolution to the Issuance of Water Revenue Bonds by
RC PSA and Authorizing the Execution of Financing Agreements and
Support Agreements providing for RC Moral Obligation to make certain Appropriations with Respect to the Bonds…………………………………………D-1
STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s):
Board Discretion.
ATTACHMENTS:
Various
Board of Supervisors Action Item D-1
137 Highland Drive Presenter: Attorney Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
Attorney Reports & Requests The County Attorney Reports & Request for July 2017: REPORTS
- Authorization of Resolution to the Issuance of Water Revenue Bonds by RC PSA and Authorizing the Execution of Financing Agreements and Support Agreements providing for RC Moral Obligation to make certain Appropriations with Respect to the Bonds.
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Board Discretion.
ATTACHMENTS:
- Various
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell District 2 District 5 At-Large
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester District 3 District 4 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
RESOLUTION OF THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
CONSENTING TO THE ISSUANCE OF WATER REVENUE BONDS BY THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY AND AUTHORIZING THE EXECUTION OF FINANCING
AGREEMENTS AND SUPPORT AGREEMENTS PROVIDING FOR RUSSELL COUNTY’S
MORAL OBLIGATION TO MAKE CERTAIN APPROPRIATIONS WITH RESPECT TO THE
BONDS
The Russell County Public Service Authority (the “Authority”) proposes to issue its $512,053 Water
Revenue Bond, Series 2017 and $197,027 Water Revenue Bond, Series 2017 (the “Bonds”) to the Virginia
Resource Authority, as Administrator of the Virginia Water Supply Revolving Fund (the “VRA”), to finance
waterline extensions in the Fincastle Estates, Thompson Creek, and Tunnel Road areas in Russell County
(the “Projects”) as improvements to the Authority’s water system (the “System).
The Authority has requested the Board of Supervisors of Russell County, Virginia (the “County”)
to facilitate the issuance and sale of the Bonds by consenting to the issuance of the Bonds and providing
for the County’s pledge of certain water revenues and its moral obligation to make certain appropriations
to the Authority with respect to the Bonds and the System.
As part of its plan for financing the Projects, the Authority proposes to execute the following
documents, drafts of which have been presented to the Board of Supervisors at this meeting:
a. two Financing Agreements (the “Financing Agreements”) between the
Authority and the VRA, and to which the Board of Supervisors of the County
is asked to acknowledge, consent and agree; and
b. two Support Agreements (the “Support Agreements”), between the
Authority, the Board of Supervisors of the County, and the VRA.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA:
- The Authority’s plan of financing for the Projects, substantially on the terms set forth in
the Financing Agreements and which involves the issuance of the Bonds, is approved, and the Board of
Supervisors finds that the issuance of the Bonds will benefit the inhabitants of Russell County. The Board
of Supervisors consents to the issuance of the Bonds.
- The Board of Supervisors agrees, in accordance with the Support Agreement, to pay to
the Authority amounts sufficient to pay the debt service under the Bonds and any other indebtedness
secured by or payable from the revenues of the System, including the Existing Parity Bonds set forth on
Exhibit F to the Financing Agreements, the operation and maintenance expense of the System of which
the Projects are a part, and additional payments for costs and expenses related to any amendment,
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell
District 2 District 5 AvLarge
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester
District 3 District 4 County Administrator
RESOLUTION OF THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA CONSENTING TO THE ISSUANCE OF WATER REVENUE BONDS BY THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY AND AUTHORIZING THE EXECUTION OF FINANCING AGREEMENTS AND SUPPORT AGREEMENTS PROVIDING FOR RUSSELL COUNTY’S MORAL OBLIGATION TO MAKE CERTAIN APPROPRIATIONS WITH RESPECT TO THE BONDS
The Russell County Public Service Authority (the “Authority”) proposes to issue its $512,053 Water Revenue Bond, Series 2017 and $197,027 Water Revenue Bond, Series 2017 (the “Bonds” to the Virginia Resource Authority, as Administrator of the Virginia Water Supply Revolving Fund (the “VRA”), to finance waterline extensions in the Fincastle Estates, Thompson Creek, and Tunnel Road areas in Russell County (the “Projects”) as improvements to the Authority’s water system (the “System)…
The Authority has requested the Board of Supervisors of Russell County, Virginia (the “County”) to facilitate the issuance and sale of the Bonds by consenting to the issuance of the Bonds and providing for the County’s pledge of certain water revenues and its moral obligation to make certain appropriations to the Authority with respect to the Bonds and the System
As part of its plan for financing the Projects, the Authority proposes to execute the following documents, drafts of which have been presented to the Board of Supervisors at this meeting:
a, two Financing Agreements (the “Financing Agreements”) between the ‘Authority and the VRA, and to which the Board of Supervisors of the County is asked to acknowledge, consent and agree; and
b. two Support Agreements (the “Support Agreements”), between the Authority, the Board of Supervisors of the County, and the VRA.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA:
1, The Authority’s plan of financing for the Projects, substantially on the terms set forth in the Financing Agreements and which involves the issuance of the Bonds, is approved, and the Board of Supervisors finds that the issuance of the Bonds will benefit the inhabitants of Russell County. The Board of Supervisors consents to the issuance of the Bonds.
- The Board of Supervisors agrees, in accordance with the Support Agreement, to pay to the Authority amounts sufficient to pay the debt service under the Bonds and any other indebtedness secured by or payable from the revenues of the System, including the Existing Parity Bonds set forth on Exhibit F to the Financing Agreements, the operation and maintenance expense of the System of which the Projects are a part, and additional payments for costs and expenses related to any amendment,
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
waiver, consent, or collection or enforcement proceedings under either Financing Agreement, subject to
annual appropriation by the Board of Supervisors, all on the terms and conditions to be provided in the
Support Agreements. The County’s obligations to make payments to the Authority pursuant to this
resolution shall be subject to and dependent upon annual appropriations being made from time to time
by the Board of Supervisors for such purpose. Nothing in this resolution, the Bonds or the Support
Agreements shall constitute a debt of the County within the meaning of any constitutional or statutory
limitation or a pledge of the faith or credit or the taxing power of the County.
- The Board of Supervisors of the County acknowledges that (i) the obligations of the
Authority to determine, and of the County to pay, the charges for the use of and for services to be
furnished by the System (as defined in the Financing Agreement) are crucial to the security for the Bonds,
(ii) VRA would not purchase the Bonds without the security and credit enhancement provided by the
Support Agreements, (iii) VRA will be a third party beneficiary of the Support Agreement for so long as the
Bonds remain outstanding, and (iv) VRA is treating each Support Agreement as a “local obligation” within
the meaning of Section 62.1-199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which
in the event of a nonpayment thereunder authorizes VRA or the trustee for VRA’s bonds to file an affidavit
with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia
Code. Section 62.1-216.1 of the Virginia Code provides that if the Governor is satisfied that such
nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to
withhold all further payment to the County of all funds, or of any part of them, appropriated and payable
by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the
nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much
of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment.
- Any one of the Chairman or Vice-Chairman of the Board of Supervisors or the County
Administrator is authorized and directed to execute and deliver the Financing Agreements and the
Support Agreements. The Financing Agreements and the Support Agreements shall be in substantially
the forms presented at this meeting, which are approved, with such completions, omissions, insertions
and changes as may be approved by the officer executing the agreement, his execution to constitute
conclusive evidence of his approval of any such completions, omissions, insertions or changes. The County
Administrator is authorized and directed to take such actions and give such notices as may be required of
him under the Financing Agreements and the Support Agreements.
- This resolution shall take effect immediately upon its adoption.
waiver, consent, or collection or enforcement proceedings under either Financing Agreement, subject to annual appropriation by the Board of Supervisors, all on the terms and conditions to be provided in the Support Agreements. The County’s obligations to make payments to the Authority pursuant to this resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this resolution, the Bonds or the Support ‘Agreements shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith or credit or the taxing power of the County.
-
The Board of Supervisors of the County acknowledges that (i) the obligations of the Authority to determine, and of the County to pay, the charges for the use of and for services to be furnished by the System (as defined in the Financing Agreement) are crucial to the security for the Bonds, (ii) VRA would not purchase the Bonds without the security and credit enhancement provided by the Support Agreements, (ii) VRA will be a third party beneficiary of the Support Agreement for so long as the Bonds remain outstanding, and (iv) VRA is treating each Support Agreement as a “local obligation” within the meaning of Section 62.1-199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a nonpayment thereunder authorizes VRA or the trustee for VRA’s bonds to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. Section 62.1-216.1 of the Virginia Code provides that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment.
-
Any one of the Chairman or Vice-Chairman of the Board of Supervisors or the County Administrator is authorized and directed to execute and deliver the Financing Agreements and the Support Agreements. The Financing Agreements and the Support Agreements shall be in substantially the forms presented at this meeting, which are approved, with such completions, omissions, insertions and changes as may be approved by the officer executing the agreement, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions or changes. The County Administrator is authorized and directed to take such actions and give such notices as may be required of him under the Financing Agreements and the Support Agreements.
-
This resolution shall take effect immediately upon its adoption.
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 : Fax (276) 889-8011 www.russellcountyva.us
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
The undersigned Clerk of the Board of Supervisors of Russell County, Virginia (the “Board of
Supervisors”), certifies that the foregoing constitutes a true and correct copy of a resolution
duly adopted at a meeting of the Board of Supervisors held on July 10, 2017. I further
certify that such meeting was regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present. I further certify that the
minutes of such meeting reflect the attendance of the members and the voting on the
foregoing resolution as follows:
Members Attendance Vote
WITNESS MY HAND and the seal of the Board of Supervisors of Russell County, Virginia, this ___ day
of July, 2017.
(SEAL)
Clerk of the Board of Supervisors
of Russell County, Virginia
The undersigned Clerk of the Board of Supervisors of Russell County, Virginia (the “Board of Supervisors”), certifies that the foregoing constitutes a true and correct copy of a resolution duly adopted at a meeting of the Board of Supervisors held on July 10, 2017. | further certify that such meeting was regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. | further certify that the minutes of such meeting reflect the attendance of the members and the voting on the foregoing resolution as follows:
Members ‘Attendance Vote
WITNESS MY HAND and the seal of the Board of Supervisors of Russell County, Virginia, this__ day of July, 2017.
(SEAL)
Clerk of the Board of Supervisors
of Russell County, Virginia
Russell County Government Center 137 Highland Drive « Lebanon, Virginia 24266 - (276) 889-8000 : Fax (276) 889-8011 www.russellcountyva.us
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
THIS SUPPORT AGREEMENT is made as of the first day of July, 2017, by and
among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as
hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the
“Financing Agreement”), between the Authority and the Borrower, and acknowledged,
consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water system revenue bond in an original aggregate principal amount not to exceed $512,053
(the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to
finance the Project; and
WHEREAS, the Board adopted on July 10, 2017 a resolution authorizing, among other
things, the execution of an agreement providing for a non-binding obligation of the Board to
consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:
- Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.
- The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.
- No later than May 15 of each year, beginning May 15, 2018, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
SUPPORT AGREEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
THIS SUPPORT AGREEMENT is made as of the first day of July, 2017, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the “Financing Agreement”), between the Authority and the Borrower, and acknowledged, consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a water system revenue bond in an original aggregate principal amount not to exceed $512,053 (the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on July 10, 2017 a resolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Local Bond and the Project.
AGREEMEN
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
-
Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Financing Agreement.
-
The Borrower shall use its best efforts to issue the Local Bond, to use the proceeds thereof to pay the costs of the Project, and to construct and place the Project in operation at the earliest practical date.
-
No later than May 15 of each year, beginning May 15, 2018, the Borrower shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1.
- The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.
- If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.
- The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.
- The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.
- The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Financing Agreement, the Local Bond and any other indebtedness secured by or payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in full as and when due during the County’s fiscal year beginning the following July 1
4, The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County Administrator shall deliver to the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual Deficiency Amount.
-
Ifat any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
-
The County Administrator shall present each request for appropriation pursuant to paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
-
The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise.
-
The Board acknowledges that (i) the Authority would not purchase the Local Bond without the security and credit enhancement provided by this Agreement, and (ii) the Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1- 199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code, providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.
- Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.
- Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box
1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P. O.
Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (iii) if to the Authority, to
1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.
Any party may designate any other address for notices or requests by giving notice.
- It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
- This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.
- This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such nonpayment.
-
Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Borrower, the Authority or to any holder of the Local Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein.
-
Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P.O. Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (ii) if to the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice.
11, Itis the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia.
-
This Agreement shall remain in full force and effect until the Local Bond and all other amounts payable by the Borrower under the Financing Agreement have been paid in full.
-
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
#9709296 016049.0007 (Fincastle)
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
Title:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Title:
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
Title:
49709206 (016049.0007 (Fincastle)
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
THIS SUPPORT AGREEMENT is made as of the first day of July, 2017, by and
among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as
hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the
“Financing Agreement”), between the Authority and the Borrower, and acknowledged,
consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water system revenue bond in an original aggregate principal amount not to exceed $197,027
(the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to
finance the Project; and
WHEREAS, the Board adopted on July 10, 2017 a resolution authorizing, among other
things, the execution of an agreement providing for a non-binding obligation of the Board to
consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:
- Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.
- The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.
- No later than May 15 of each year, beginning May 15, 2018, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
SUPPORT AGREEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
THIS SUPPORT AGREEMENT is made as of the first day of July, 2017, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the “Financing Agreement”), between the Authority and the Borrower, and acknowledged, consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a water system revenue bond in an original aggregate principal amount not to exceed $197,027 (the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on July 10, 2017 a resolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Local Bond and the Project.
AGREEMEN
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
-
Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Financing Agreement.
-
The Borrower shall use its best efforts to issue the Local Bond, to use the proceeds thereof to pay the costs of the Project, and to construct and place the Project in operation at the earliest practical date.
-
No later than May 15 of each year, beginning May 15, 2018, the Borrower shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1.
- The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.
- If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.
- The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.
- The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.
- The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Financing Agreement, the Local Bond and any other indebtedness secured by or payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in full as and when due during the County’s fiscal year beginning the following July 1
-
The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County Administrator shall deliver to the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual Deficiency Amount.
-
Ifatany time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
-
The County Administrator shall present each request for appropriation pursuant to paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next, regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
-
The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise.
-
The Board acknowledges that (i) the Authority would not purchase the Local Bond without the security and credit enhancement provided by this Agreement, and (ii) the Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1- 199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code, providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.
- Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.
- Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box
1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P. O.
Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (iii) if to the Authority, to
1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.
Any party may designate any other address for notices or requests by giving notice.
- It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
- This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.
- This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such nonpayment.
-
Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Borrower, the Authority or to any holder of the Local Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein.
-
Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P.O. Box 3219, Lebanon, VA. 24266, Attention: Operations Manager, and (iii) if to the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice.
-
Itis the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia.
-
This Agreement shall remain in full force and effect until the Local Bond and all other amounts payable by the Borrower under the Financing Agreement have been paid in full.
-
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
#9709302
016049.0008 (Thompson)
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
Title:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Title:
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
Title:
49709302 (016049.0008 (Thompson)
CB Draft: 6/19/17
FINANCING AGREEMENT
dated as of _____ 1, 2017
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
CFDA No. 66.468 – Capitalization Grants for Drinking Water State Revolving Funds
U.S. Environmental Protection Agency
Loan No. WSL-022-15E
Fincastle Estates Waterline Extension Project
CB Draft: 6/19/17
FINANCING AGREEMENT
dated as of ___1, 2017
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the ginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority irginia Water Supply Revolving Fund
CFDA No. 66.468 - Capitalization Grants for Drinking Water State Revolving Funds U.S. Environmental Protection Agency
Loan No. WSL-022-1SE Fincastle Estates Waterline Extension Project
- i -
TABLE OF CONTENTS Page
[To Be Updated]
ARTICLE I
DEFINITIONS
Section 1.1. Definitions…1
Section 1.2. Rules of Construction …4
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower …5
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond …7
Section 3.2. Conditions Precedent to Purchase of the Local Bond …7
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds …9
Section 4.2. Agreement to Accomplish Project …10
Section 4.3. Permits …11
Section 4.4. Construction Contractors …11
Section 4.5. Engineering Services …11
Section 4.6. Borrower Required to Complete Project …12
ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues …12
Section 5.2. Annual Budget …12
Section 5.3. Qualified Independent Consultant’s Report…13
TABLE OF C
[To Be Updated]
ARTICLE IL DI TIONS Section 1.1. Definitions… Section 1.2. Rules of Constructioi ARTICLE I REPRESENTATIONS Section 2.1. Representations by Borrower.
ARTICLE II ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1 Loan to Borrower and Purchase of the Local Bond. Section Conditions Precedent to Purchase of the Local Bond…
ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1 Application of Proceeds Section 4.2. Agreement to Accomplish Project Section 4.3. Permits…
Section 4.4. Construction Contractors
Section 4.5. Engineering Services… Section 4.6. Borrower Required to Complete Project… 12 ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues… Section 5.2. Annual Budget… eenientsnntnitnsenseee sevsensereeeel Section 5.3. Qualified Independent Consultant’s RepOtt…cccnconsnennennnnnanensel3
- ii -
Page
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond …13
Section 6.2. Payment of Additional Payments…14
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond …14
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System …15
Section 8.2. Maintenance …15
Section 8.3. Additions and Modifications…15
Section 8.4. Use of System …15
Section 8.5. Inspection of System and Borrower’s Books and Records …15
Section 8.6. Ownership of Land …15
Section 8.7. Sale or Encumbrance …15
Section 8.8. Collection of Revenues …16
Section 8.9. No Free Service…16
Section 8.10. No Competing Service …16
Section 8.11. Mandatory Connection…16
Section 8.12. Lawful Charges …17
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance …17
Section 9.2. Requirements of Policies …18
Section 9.3. Notice of Damage, Destruction and Condemnation …18
Section 9.4. Damage and Destruction …18
Section 9.5. Condemnation and Loss of Title …19
Section 6.1. Section 6.2.
Section 7.1.
Section 8.1. Section 8.2. Section 8.3. Section 8. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Section 8.12
Section 9.1 Section 9.2. Section 9.3. Section 9.4. Section 9.5.
ARTICLE VI PAYME)
Payment of Local Bond… Payment of Additional Payment:
ARTICLE VII
PREPAYMENTS
Prepayment of Local Bond…
ARTICLE VII OPERATION AND USE OF SYSTEM.
Ownership and Operation of Project and System Maintenance… Additions and Modifications Use of System… Inspection of System and Borrower’s Books and Records. Ownership of Land … Sale or Encumbrance … Collection of Revenues… No Free Service… No Competing Service Mandatory Connection…sesssssesrstenseseenseenseineenteentsrsteneteneeeneeneeee 16 Lawful Charges
AS
16
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Insurance se revssenscanneesses Requirements of Policies…
Notice of Damage, Destruction and Condemnation Damage and Destruction. Condemnation and Loss of Title
18 18 19
- iii -
Page
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence …19
Section 10.2. Financial Records and Statements …19
Section 10.3. Certificate as to No Default …19
Section 10.4. Additional Indebtedness…20
Section 10.5. Parity Bonds …20
Section 10.6. Further Assurances…21
Section 10.7. Other Indebtedness…21
Section 10.8. Assignment by Borrower …22
Section 10.9. Davis-Bacon Act …22
Section 10.10. Operating Agreement …22
Section 10.11. American Iron and Steel …22
Section 10.12. Recordkeeping and Reporting…22
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default …23
Section 11.2. Notice of Default…24
Section 11.3. Remedies on Default …24
Section 11.4. Delay and Waiver …24
Section 11.5. State Aid Intercept …24
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns…25
Section 12.2. Amendments …25
Section 12.3. Limitation of Borrower’s Liability …25
Section 12.4. Applicable Law …25
Section 12.5. Severability …25
Section 12.6. Notices …25
Section 12.7. Right to Cure Default …26
Section 12.8. Headings …26
Section 12.9. Term of Agreement …26
Section 12.10. Commitment Letter …26
Section 12.11. Counterparts …27
Section 10.1 Section 10.2. Section 10.3. Section 10.4. Section 10.5. Section 10.6. Section 10.7. Section 10.8. Section 10.9. Section 10.10. Section 10.11. Section 10.12.
Section 11.1 Section 11.2 Section 11.3. Section 11.4. Section 11.5.
Section 12.1. Section 12.2. Section 12.3. Section 12.4. Section 12.5. Section 12.6. Section 12.7. Section 12.8. Section 12.9. Section 12.10. Section 12.11.
ARTICLE X SPECIAL. ENANTS
Maintenance of Existence… Financial Records and Statements Certificate as to No Default Additional Indebtednes Parity Bonds… Further Assurances Other Indebtedness Assignment by Borrower Davis-Bacon Act Operating Agreemen American Iron and Steel . Recordkeeping and Reporting.
ARTICLE XI DEFAULTS AND RI!
Events of Default Notice of Default. Remedies on Default Delay and Waiver … State Aid Intercept
ARTICLE XII MISCELLANEOUS
Successors and Assigns… Amendments Limitation of Borrower’s Liability Applicable Law Severability Notices … Right to Cure Default… Headings 0… Term of Agreement… Commitment Letter.
Counterparts…
ii -
- iv -
EXHIBITS
Exhibit A - Form of Local Bond
Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds, Existing Parity Bonds and Springing Parity Bonds
Exhibit G - Support Agreement
Exhibit H - Form of Budget
EXHIBITS
Exhibit A - Form of Local Bond Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds, Existing Parity Bonds and Springing Parity Bonds Exhibit G - Support Agreement
Exhibit H - Form of Budget
wiv
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of _____, 2017,
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY, a public body politic and corporate of the Commonwealth
of Virginia (the “Borrower”), and acknowledged, consented and agreed to by the COUNTY OF
RUSSELL, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
“County”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the
“Act”), the General Assembly created a permanent and perpetual fund known as the “Virginia
Water Supply Revolving Fund” (the “Fund”). In conjunction with the Board of Health, the
Authority administers and manages the Fund. From the Fund, the Authority from time to time
makes loans to and acquires obligations of local governments in Virginia to finance or refinance
the costs of water supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to
repay such loan by the Local Bond the Borrower will issue and sell to the Authority, as
Administrator of the Fund. The Borrower will use the proceeds of the sale of the Local Bond to
the Authority to finance that portion of the Project Costs not being paid from other sources, all as
further set forth in the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower,
together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1(a)(ii) payable as an annual fee for administrative and management services
attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of __, 2017, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY, a public body politic and corporate of the Commonwealth of Virginia (the “Borrower"), and acknowledged, consented and agreed to by the COUNTY OF RUSSELL, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”.
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”), the General Assembly created a permanent and perpetual fund known as the “Virginia Water Supply Revolving Fund” (the “Fund”). In conjunction with the Board of Health, the Authority administers and manages the Fund. From the Fund, the Authority from time to time makes loans to and acquires obligations of local governments in Virginia to finance or refinance the costs of water supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to repay such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of the Fund. The Borrower will use the proceeds of the sale of the Local Bond to the Authority to finance that portion of the Project Costs not being paid from other sources, all as further set forth in the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1, Definitions. The capitalized terms contained in this Agreement and not defined above shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower, together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in Section 6.1(a)(ii) payable as an annual fee for administrative and management services attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower authorized by resolution, ordinance or other official act of the governing body of the Borrower to perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
- 2 -
“Closing Date” means the date of the delivery of the Local Bond to the Authority.
“Commitment Letter” means the commitment letter from the Authority to the
Borrower, dated __________, 2017, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or the firm of independent consulting engineers
of recognized standing and experienced in the field of water system and sanitary engineering and
registered to do business in Virginia which is designated by the Borrower from time to time as
Borrower’s consulting engineer in accordance with Section 4.5 in a written notice to the Authority.
Such individual or firm shall be subject to the reasonable approval of the Authority. Unless and
until the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are
licensed and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the bonds, notes or other evidences of
indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues on a parity with the pledge of
Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date hereof, between
the Authority and the Borrower, relating to a principal forgiveness loan from the Fund to the
Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing
Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund,
pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Authority pursuant to this Agreement.
“Closing Date” means the date of the delivery of the Local Bond to the Authority.
“Commitment Letter” means the commitment letter from the Authority to the Borrower, dated 2017, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or the firm of independent consulting engineers of recognized standing and experienced in the field of water system and sanitary engineering and registered to do business in Virginia which is designated by the Borrower from time to time as Borrower’s consulting engineer in accordance with Section 4.5 in a written notice to the Authority. Such individual or firm shall be subject to the reasonable approval of the Authority. Unless and until the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed and registered as professional engineers in the Commonwealth of Virginia may serve as, Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health. “Event of Default” shall have the meaning set forth in Section 11.1 “Existing Parity Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues on a parity with the pledge of Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date here: the Authority and the Borrower, relating to a principal forgiveness loan from the Fund to the Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund, pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the Authority pursuant to this Agreement.
- 3 -
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement and the execution, issuance and delivery of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attorneys’ fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts necessary
to pay Operation and Maintenance Expense.
“Operating Agreement” means, collectively, any and all lease, operating or similar
agreements by and between the Borrower and the County, as the same may be amended from time
to time with the written consent of the Authority.
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined under generally accepted accounting principles, exclusive of (i) interest
on any debt secured by or payable from Revenues, (ii) depreciation and other items not requiring
the expenditure of cash, (iii) any amounts expended for capital replacements, repairs and
maintenance not recurring annually or reserves therefor, and (iv) reserves for administration,
operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means any of the bonds, notes or other evidences of indebtedness, as further
described in Exhibit F, that on the date of the Local Bond’s issuance and delivery were secured by
or payable from a pledge of Revenues all or any portion of which was superior to the pledge of
Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the
construction, acquisition or equipping of which are to be financed or refinanced in whole or in
part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing of the Project, a copy of which is
attached to this Agreement as Exhibit C, with such changes therein as may be approved in
writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the
Project, as further described in the Project Budget, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Local Resolution” means all resolutions or ordinances adopted by the governing body of the Borrower approving the transactions contemplated by and authorizing the execution and delivery of this Agreement and the execution, issuance and delivery of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation award remaining after payment of attorneys’ fees and expenses of the Authority and all other expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts necessary to pay Operation and Maintenance Expense.
“Operating Agreement” means, collectively, any and all lease, operating or similar agreements by and between the Borrower and the County, as the same may be amended from time to time with the written consent of the Authority.
“Operation and Maintenance Expense” means the costs of operating and maintaining the System determined under generally accepted accounting principles, exclusive of (i) interest on any debt secured by or payable from Revenues, (ii) depreciation and other items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements, repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower sued under Section 10.5.
“Prior Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and delivery were secured by or payable from a pledge of Revenues all or any portion of which was superior to the pledge of Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the construction, acquisition or equipping of which are to be financed or refinanced in whole or in part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing of the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the Project, as further described in the Project Budget, and such other costs as may be approved in writing by the Authority, provided such costs are permitted by the Act.
- 4 -
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
Borrower, and an independent certified public accountant or firm of independent certified public
accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership, leasing or operation of the System, including but not limited to any and
all amounts payable to the Borrower pursuant to the terms and conditions of the Operating
Agreement, but excluding customer and other deposits subject to refund until such deposits have
become the Borrower’s property, (ii) the proceeds of any insurance covering business
interruption loss related to the System, (iii) interest on any money or securities relating to the
System held by or on behalf of the Borrower, (iv) amounts that may be appropriated for and paid
to the Borrower by the County under the Support Agreement or otherwise, and (v) any other
income from other sources pledged by or on behalf of the Borrower to the payment of the Local
Bond.
“Springing Parity Bonds” means any of the bonds, notes or other evidences of
indebtedness, as further described on Exhibit F, payable from or secured by a pledge of
Revenues that are deemed Subordinate Bonds as of the date hereof but which, upon satisfaction
of the “Springing Parity Test,” as defined in the respective financing agreement between the
Authority and either the Borrower or the County, pursuant to which such Springing Parity Bond
was issued, shall be deemed an Existing Parity Bond for all purposes hereof.
“Subordinate Bonds” means any of the Borrower’s bonds, notes or other evidences of
indebtedness, including but not limited to such existing bonds, notes or other evidences of
indebtedness described on Exhibit F, secured by or payable from a pledge of Revenues expressly
made subordinate to the pledge of Revenues to secure the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the
Borrower, the Authority and the County, substantially in the form of Exhibit G hereto.
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes a part, owned, operated, leased or maintained by the Borrower and used in
connection with the collection, storage, supply, treatment or distribution of water and any other
facilities governed by the terms and conditions of the Operating Agreement.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
“Qualified Independent Consultant” shall mean an independent professional consultant having the skill and experience necessary to provide the particular certificate, report or approval required by the provision of this Agreement in which such requirement appears, including without limitation a Consulting Engineer, so long as such individual is not an employee of the Borrower, and an independent certified public accountant or firm of independent certified public accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to the System in accordance with generally accepted accounting principles or resulting from the Borrower’s ownership, leasing or operation of the System, including but not limited to any and all amounts payable to the Borrower pursuant to the terms and conditions of the Operating ‘Agreement, but excluding customer and other deposits subject to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any insurance covering business interruption loss related to the System, (iii) interest on any money or securities relating to the System held by or on behalf of the Borrower, (iv) amounts that may be appropriated for and paid to the Borrower by the County under the Support Agreement or otherwise, and (v) any other income from other sources pledged by or on behalf of the Borrower to the payment of the Local Bond.
“Springing Parity Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described on Exhibit F, payable from or secured by a pledge of Revenues that are deemed Subordinate Bonds as of the date hereof but which, upon satisfaction of the “Springing Parity Test,” as defined in the respective financing agreement between the Authority and either the Borrower or the County, pursuant to which such Springing Parity Bond was issued, shall be deemed an Existing Parity Bond for all purposes hereof.
“Subordinate Bonds” means any of the Borrower’s bonds, notes or other evidences of indebtedness, including but not limited to such existing bonds, notes or other evidences of indebtedness described on Exhibit F, secured by or payable from a pledge of Revenues expressly made subordinate to the pledge of Revenues to secure the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the Borrower, the Authority and the County, substantially in the form of Exhibit G hereto.
“System” means all plants, systems, facilities, equipment or property, of which the Project constitutes a part, owned, operated, leased or maintained by the Borrower and used in connection with the collection, storage, supply, treatment or distribution of water and any other facilities governed by the terms and conditions of the Operating Agreement.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and vice versa.
- 5 -
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
© The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreement and the other
documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as
Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges
for the use of and for the services furnished by the System, (v) construct, acquire or equip the
Project (as described in Exhibit B) and finance the Project Costs by borrowing money for such
purpose pursuant to this Agreement and the issuance of the Local Bond, (vi) pledge the
Revenues of the System to the payment of the Local Bond, and (vii) carry out and consummate
all of the transactions contemplated by the Local Resolution, this Agreement, the Support
Agreement and the Local Bond.
© This Agreement, the Support Agreement and the Local Bond were duly
authorized by the Local Resolution and are in substantially the same form as presented to the
governing body of the Borrower at its meeting at which the Local Resolution was adopted.
(d) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local
Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder,
(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v)
the operation and use of the System. The Borrower knows of no reason why any such required
governmental permits, licenses, registrations, certificates, authorizations and approvals not
obtained as of the date hereof cannot be obtained as needed.
(e) This Agreement and the Support Agreement have been executed and
delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding
obligations of the Borrower enforceable against the Borrower in accordance with their terms.
(b) All references in this Agreement to particular Sections or Exhibits are references to Sections or Exhibits of this Agreement unless otherwise indicated.
(©) The headings and table of contents as used in this Agreement are solely for convenience of reference and shall not constitute a part of this Agreement nor shalll they affect its meaning, construction or effect.
ARTICLE II REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government” (as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local Resolution and execute and deliver this Agreement, the Support Agreement and the other documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges for the use of and for the services furnished by the System, (v) construct, acquire or equip the Project (as described in Exhibit B) and finance the Project Costs by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local Bond, (vi) pledge the Revenues of the System to the payment of the Local Bond, and (vii) carry out and consummate all of the transactions contemplated by the Local Resolution, this Agreement, the Support Agreement and the Local Bond.
(©) This Agreement, the Support Agreement and the Local Bond were duly authorized by the Local Resolution and are in substantially the same form as presented to the governing body of the Borrower at its meeting at which the Local Resolution was adopted.
(4) All governmental permits, licenses, registrations, certificates, authorizations and approvals required to have been obtained as of the date of the delivery of this, Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder,
(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v) the operation and use of the System, The Borrower knows of no reason why any such required governmental permits, licenses, registrations, certificates, authorizations and approvals not obtained as of the date hereof cannot be obtained as needed.
© _ This Agreement and the Support Agreement have been executed and delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms.
- 6 -
(f) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this
Agreement and the Support Agreement and the performance by the Borrower of its obligations
thereunder are within the powers of the Borrower and will not conflict with, or constitute a
breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal, or
Virginia constitutional or statutory provision, including the Borrower’s charter or articles of
incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or
by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court,
government or governmental authority having jurisdiction over the Borrower or its property.
(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred. No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement and the Support Agreement, which
constitutes, or which, with notice or lapse of time, or both, would constitute an event of default
thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
Agreement or the Local Bond. The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
(f) When executed and delivered in accordance with the Local Resolution and this Agreement, the Local Bond will have been executed and delivered by duly authorized officials of the Borrower and will constitute a legal, valid and binding limited obligation of the Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this, Agreement and the Support Agreement and the performance by the Borrower of its obligations thereunder are within the powers of the Borrower and will not conflict with, or constitute a breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal, or Virginia constitutional or statutory provision, including the Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over the Borrower or its property.
(h) _ The Borrower is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurred. No event or condition has happened or existed, or is happening or existing, under the provisions of any such instrument, including but not limited to this Agreement and the Support Agreement, which constitutes, or which, with notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its obligations under this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the Borrower is a party or by which it is bound or to which any of its assets is subject, which would have a material adverse effect on its financial condition or its ability to perform its obligations under this Agreement, the Support ‘Agreement or the Local Bond. The execution and delivery by the Borrower of this Agreement, the Support Agreement or the Local Bond and the compliance with the terms and conditions thereof will not conflict with or result in a breach of or constitute a default under any of the foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge, threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may have a material adverse effect on the Borrower or its business, assets, condition (financial or otherwise), operations or prospects or on its ability to perform its obligations under the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
- 7 -
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any
contract made by the Borrower in connection with the construction or equipping of the Project.
(l) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
(m) Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bond except any Existing Parity Bonds, Springing Parity Bonds or Prior Bonds set forth
on Exhibit F.
(o) No Event of Default or Default has occurred and is continuing.
(p) The Operating Agreement is in full force and effect; no default or event of
default has occurred and is continuing under the Operating Agreement; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Operating Agreement.
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower
agrees to borrow from the Fund and the Authority agrees to lend to the Borrower, from the Fund,
the principal amount equal to the sum of the principal disbursements made pursuant to
Section 4.1, but not to exceed $_____, for the purposes herein set forth, a portion of which may
be made from federal financial assistance. The Borrower’s obligation shall be evidenced by the
Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a
part hereof and delivered to the Authority, as Administrator of the Fund, on the Closing Date.
The Local Bond shall be in the original principal amount of the loan and shall mature, bear a Cost
of Funds and be payable as hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority
shall not be required to make the loan to the Borrower and purchase the Local Bond unless the
Authority shall have received the following, all in form and substance satisfactory to the
Authority:
(a) The Local Bond, the Funding Agreement and the Support Agreement.
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any contract made by the Borrower in connection with the construction or equipping of the Project.
(1) No material adverse change has occurred in the financial condition of the Borrower as indicated in the financial statements, applications and other information furnished to the Authority.
(m) Except as may otherwise be approved by the Authority or permitted by the terms of this Agreement, the System at all times is and will be owned by the Borrower and will not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the Local Bond except any Existing Parity Bonds, Springing Parity Bonds or Prior Bonds set forth on Exhibit F.
(0) No Event of Default or Default has occurred and is continuing.
(p) The Operating Agreement is in full force and effect; no default or event of default has occurred and is continuing under the Operating Agreement; and the Borrower is not currently aware of any fact or circumstance that would have an adverse impact on the Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies available to the Borrower, under or pursuant to the Operating Agreement.
ARTICLE II ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower agrees to borrow from the Fund and the Authority agrees to lend to the Borrower, from the Fund, the principal amount equal to the sum of the principal disbursements made pursuant to Section 4.1, but not to exceed $_, for the purposes herein set forth, a portion of which may be made from federal financial assistance. The Borrower’s obligation shall be evidenced by the Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a part hereof and delivered to the Authority, as Administrator of the Fund, on the Closing Date. The Local Bond shall be in the original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond, The Authority shall not be required to make the loan to the Borrower and purchase the Local Bond unless the Authority shall have received the following, all in form and substance satisfactory to the Authority:
(a) The Local Bond, the Funding Agreement and the Support Agreement.
- 8 -
(b) A certified copy of the Local Resolution.
© A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) A closing certificate from the Department certifying that the Project is in
compliance with all federal and state laws and project requirements applicable to the Fund.
(e) A certificate of the Consulting Engineer estimating the total Project Costs
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise
compatible with the financing plan described in the Project Budget.
(f) A certificate of the Consulting Engineer to the effect that in the opinion of
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond
Proceeds and funds available from the other sources specified in the Project Budget will be
sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified
Independent Consultant that in the opinion of the Qualified Independent Consultant during the
first two complete Fiscal Years of the Borrower following completion of the Project, the
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the
Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant
may take into consideration future System rate increases, provided that such rate increases have
been duly approved by the governing body of the Borrower and any other person or entity
required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues to be derived
under existing contractual arrangements entered into by the Borrower and from reasonable
estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is
expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits,
licenses, registrations, certificates, authorizations and approvals for the Project required to have
been obtained as of the date of the delivery of this Agreement have been obtained and a
statement of the Consulting Engineer that he or she knows of no reason why any future required
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be
obtained as needed.
(j) Evidence satisfactory to the Authority that the Borrower has obtained or
has made arrangements satisfactory to the Authority to obtain any funds or other financing for
the Project as contemplated in the Project Budget.
(k) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(b) A certified copy of the Local Resolution.
(©) A certificate of appropriate officials of the Borrower as to the matters set forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) A closing certificate from the Department certifying that the Project is in compliance with all federal and state laws and project requirements applicable to the Fund.
(€) _ A certificate of the Consulting Engineer estimating the total Project Costs to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise compatible with the financing plan described in the Project Budget.
(0) A certificate of the Consulting Engineer to the effect that in the opinion of the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond Proceeds and funds available from the other sources specified in the Project Budget will be sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified Independent Consultant that in the opinion of the Qualified Independent Consultant during the first two complete Fiscal Years of the Borrower following completion of the Project, the projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person or entity required to give approval for the rate increase to become effective. In addition, the Qualified Independent Consultant may take into consideration additional future revenues to be derived under existing contractual arrangements entered into by the Borrower and from reasonable estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is, expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits, licenses, registrations, certificates, authorizations and approvals for the Project required to have been obtained as of the date of the delivery of this Agreement have been obtained and a statement of the Consulting Engineer that he or she knows of no reason why any future required governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be obtained as needed.
(i) Evidence satisfactory to the Authority that the Borrower has obtained or has made arrangements satisfactory to the Authority to obtain any funds or other financing for the Project as contemplated in the Project Budget.
(k) Evidence satisfactory to the Authority that the Borrower has performed and satisfied all of the terms and conditions contained in this Agreement to be performed and satisfied by it as of such date.
- 9 -
(l) An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(o) Evidence that the Borrower has satisfied all conditions precedent to the
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing
Parity Bonds.
(p) A report of the Borrower and the County as to the status of each of the
Springing Parity Bonds meeting the “Springing Parity Test,” as defined in the respective
financing agreement between the Authority and either the Borrower or the County for each of the
Springing Parity Bonds.
(q) Evidence satisfactory to the Authority that the Operating Agreement is in
full force and effect and that it is a binding and enforceable agreement as to each of the Borrower
and the other parties to such agreement.
® Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Support Agreement is valid and enforceable against the County, subject
to usual and customary qualifications.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or
other evidence of the actual payment of such Project Costs. The Authority shall disburse money
from the Fund to or for the account of the Borrower not more frequently than once each calendar
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
() An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(0) Evidence that the Borrower has satisfied all conditions precedent to the issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing Parity Bonds.
(p) A report of the Borrower and the County as to the status of each of the Springing Parity Bonds meeting the “Springing Parity Test,” as defined in the respective financing agreement between the Authority and either the Borrower or the County for each of the Springing Parity Bonds,
(q) Evidence satisfactory to the Authority that the Operating Agreement is in full force and effect and that it is a binding and enforceable agreement as to each of the Borrower and the other parties to such agreement.
() Such other documentation, certificates and opinions as the Authority, the Board or the Department may reasonably require, including an opinion from counsel acceptable to the Authority that the Support Agreement is valid and enforceable against the County, subject to usual and customary qualifications.
ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or other evidence of the actual payment of such Project Costs. The Authority shall disburse money from the Fund to or for the account of the Borrower not more frequently than once each calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department shall be entitled to rely) signed by an Authorized Representative and containing all information called for by, and otherwise being in the form of, Exhibit E to this Agreement;
- 10 -
(2) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that 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
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or
for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Board and shall note the date and amount of each such disbursement on a
schedule of principal disbursements to be included on the Local Bond. The Authority shall have
no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder
nor shall the Board have any obligation to approve any requisition if the Borrower is not in
compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable State laws, including but not
limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and
performance of public construction contracts. Except as may otherwise be approved by the
Board, disbursements shall be held at ninety-five percent (95%) of the maximum authorized
amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from
the Borrower of the certificate specified in Section 4.2 and a final requisition detailing all
retainages to which the Borrower is then entitled, the Authority, to the extent approved by the
Board and subject to the provisions of this Section and Section 4.2, will disburse to or for the
account of the Borrower Local Bond Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs. If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced in accordance with Section 6.1.
Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B
and in accordance with the Project Budget and the plans, specifications and designs prepared by
the Consulting Engineer and approved by the Board. The Borrower shall use its best efforts to
complete the Project by the date set forth in the certificate provided to the Authority pursuant to
Section 3.2(h). All plans, specifications and designs shall be approved by all applicable
regulatory agencies. The Borrower agrees to maintain complete and accurate books and records
of the Project Costs and permit the Authority and the Board through their duly authorized
representatives to inspect such books and records at any reasonable time. The Borrower and the
(2) Ifany requisition includes an item for payment for labor or to contractors, builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that 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
(ii) a certificate, signed by an Authorized Representative, stating either that such materials, supplies or equipment are not subject to any lien or security interest or that such lien or security interest will be released or discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or for the account of the Borrower in accordance with such requisition in an amount and to the extent approved by the Board and shall note the date and amount of each such disbursement on a schedule of principal disbursements to be included on the Local Bond. The Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder nor shall the Board have any obligation to approve any requisition if the Borrower is not in compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable State laws, including but not limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and performance of public construction contracts. Except as may otherwise be approved by the Board, disbursements shall be held at ninety-five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from the Borrower of the certificate specified in Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled, the Authority, to the extent approved by the Board and subject to the provisions of this Section and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the amount necessary to pay for approved Project Costs. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, principal installments due on the Local Bond shall be reduced in accordance with Section 6.1.
Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B and in accordance with the Project Budget and the plans, specifications and designs prepared by the Consulting Engineer and approved by the Board. The Borrower shall use its best efforts to complete the Project by the date set forth in the certificate provided to the Authority pursuant to Section 3.2(h). All plans, specifications and designs shall be approved by all applicable regulatory agencies. The Borrower agrees to maintain complete and accurate books and records of the Project Costs and permit the Authority and the Board through their duly authorized representatives to inspect such books and records at any reasonable time. ‘The Borrower and the
-10-
- 11 -
Authority, with the consent of the Board, may amend the description of the Project set forth in
Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Board a certificate signed by an Authorized Representative of the Borrower
and by the Consulting Engineer stating (i) that the Project has been completed substantially in
accordance with this Section, the plans and specifications as amended from time to time, as
approved by the Board, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with,
and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project. The Borrower shall, upon request,
promptly furnish to the Authority and the Board copies of all such permits, consents and
approvals. The Borrower shall also comply with all lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Board in connection with
the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act. The Borrower shall also comply in all respects with all applicable
federal laws, regulations and other requirements relating to or arising out of or in connection
with the Project and the funding thereof by the Authority, including, but not limited to, the
federal “crosscutting” requirements identified in Schedule A of the Commitment Letter. Where
noncompliance with such requirements is determined by the Authority or the Board, the issue
shall be referred to the proper federal authority or agency for consultation or enforcement action.
Section 4.4. Construction Contractors. Each construction contractor employed in the
accomplishment of the Project shall be required in the construction contract to furnish a
performance bond and a payment bond each in an amount equal to one hundred percent (100%)
of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and
the Board as beneficiaries. Each contractor shall be required to maintain during the construction
period covered by the particular construction contract builder’s risk insurance, workers’
compensation insurance, public liability insurance, property damage insurance and vehicle
liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon
request of the Authority or the Board, the Borrower shall cause each contractor to furnish
evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer
to provide engineering services covering the operation of the System and the supervision and
inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund,
the Authority and the Board as to the various stages of the completion of the Project as
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and
4.2.
Authority, with the consent of the Board, may amend the description of the Project set forth in Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the Authority and the Board a certificate signed by an Authorized Representative of the Borrower and by the Consulting Engineer stating (i) that the Project has been completed substantially in accordance with this Section, the plans and specifications as amended from time to time, as approved by the Board, and in substantial compliance with all material applicable laws, ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of occupancy or other material permits necessary for the Project’s use, occupancy and operation have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project Costs.
Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with, and shall obtain all permits, consents and approvals required by local, state or federal laws, ordinances, rules, regulations or requirements in connection with the acquisition, construction, equipping, occupation, operation or use of the Project. The Borrower shall, upon request, promptly furnish to the Authority and the Board copies of all such permits, consents and approvals. The Borrower shall also comply with all lawful program or procedural guidelines or requirements duly promulgated and amended from time to time by the Board in connection with the acquisition, construction, equipping, occupation, operation or use of projects financed from the Fund under the Act. The Borrower shall also comply in all respects with all applicable federal laws, regulations and other requirements relating to or arising out of or in connection with the Project and the funding thereof by the Authority, including, but not limited to, the federal “crosscutting” requirements identified in Schedule A of the Commitment Letter. Where noncompliance with such requirements is determined by the Authority or the Board, the issue shall be referred to the proper federal authority or agency for consultation or enforcement action.
Section 4.4. Construction Contractors. Each construction contractor employed in the accomplishment of the Project shall be required in the construction contract to furnish a performance bond and a payment bond each in an amount equal to one hundred percent (100%) of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and the Board as beneficiaries. Each contractor shall be required to maintain during the construction period covered by the particular construction contract builder’s risk insurance, workers’ compensation insurance, public liability insurance, property damage insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon request of the Authority or the Board, the Borrower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer to provide engineering services covering the operation of the System and the supervision and inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund, the Authority and the Board as to the various stages of the completion of the Project as disbursements of Local Bond Proceeds are requested and shall upon completion of the Project provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and 4.2.
“le
- 12 -
Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at
its own expense and shall not be entitled to any reimbursement therefor from the Fund, the
Authority or the Board or any abatement, diminution or postponement of the Borrower’s
payments under the Local Bond or this Agreement.
ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues. Subject to the Borrower’s right to apply Revenues to
the payment of Operation and Maintenance Expense, the Revenues are hereby pledged to the
Authority, as Administrator of the Fund, to secure the payment of the principal of and the Cost of
Funds on the Local Bond and the payment and performance of the Borrower’s obligations under
this Agreement. This pledge shall be valid and binding from and after the execution and delivery of
this Agreement. The Revenues, as received by the Borrower, shall immediately be subject to the
lien of this pledge without any physical delivery of them or further act. The lien of this pledge of
the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien
of this pledge shall, subject to the right of the Borrower to apply Revenues to the payment of
Operation and Maintenance Expense, have priority over all other obligations and liabilities of the
Borrower, and the lien of this pledge shall be valid and binding against all parties having claims of
any kind against the Borrower regardless of whether such parties have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and
other charges for the use of and for services furnished or to be furnished by the System, and will
from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net
Revenues Available for Debt Service will equal at least 100% of the amount required during the
Fiscal Year to pay the principal of and the Cost of Funds on the Local Bond, the Additional
Payments and all other indebtedness of the Borrower secured by or payable from Revenues,
including without limitation, indebtedness under leases which are treated as capital leases under
generally accepted accounting principles. If, for any reason, the Revenues are insufficient to satisfy
the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its rates, fees
and other charges or reduce its Operation and Maintenance Expense so as to provide sufficient
Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its
rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any
deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund, the Authority or the Board or any abatement, diminution or postponement of the Borrower’s payments under the Local Bond or this Agreement.
ARTICLE V. ES AND ANNUAL BUDGET
PLEDGE, RI
Section 5.1. Pledge of Revenues. Subject to the Borrower’s right to apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and the Cost of Funds on the Local Bond and the payment and performance of the Borrower’s obligations under this Agreement. This pledge shall be valid and binding from and after the execution and delivery of this Agreement. The Revenues, as received by the Borrower, shall immediately be subject to the lien of this pledge without any physical delivery of them or further act. The lien of this pledge of the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have priority over all other obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding against all parties having claims of any kind against the Borrower regardless of whether such parties have notice of this pledge
(a) ‘The Borrower covenants and agrees that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to pay the principal of and the Cost of Funds on the Local Bond, the Additional Payments and all other indebtedness of the Borrower secured by or payable from Revenues, including without limitation, indebtedness under leases which are treated as capital leases under generally accepted accounting principles. If, for any reason, the Revenues are insufficient to satisfy the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its Operation and Maintenance Expense so as to provide sufficient Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
-12-
- 13 -
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement. Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.
The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report. (a) If at the end of any
Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower
shall obtain a report from the Qualified Independent Consultant giving advice and making
recommendations as to the proper maintenance, repair, replacement and operation of the System
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other
charges which should be established by the Borrower to satisfy the rate covenant in Section
5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent
Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the rate covenant
made by the Borrower in Section 5.1(a) when such measures have been implemented and
become fully effective. Such alternative plan shall be filed with the Authority not later than
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a
detailed explanation of the Borrower’s reason for rejecting the Qualified Independent
Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority
reserves the right, in its sole discretion, to reject such alternate procedures and require the
Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of
its delivery to the Authority. The Cost of Funds of the Local Bond shall be computed on
disbursed principal balance thereof from the date of each disbursement at the rate of two and
twenty-five one-hundredths percent (2.25%) per annum, consisting of the following:
(i) interest of seventy-five one-hundredths percent (0.75%) per annum payable for
the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual
Administrative Fee.
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance, repairs, replacements, improvements, debt service and other purposes, and specifically identifying any amounts made available by the County pursuant to the Support Agreement, Such budget as approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget. ‘The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report, (a) Ifat the end of any Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower shall obtain a report from the Qualified Independent Consultant giving advice and making recommendations as to the proper maintenance, repair, replacement and operation of the System for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other charges which should be established by the Borrower to satisfy the rate covenant in Section 5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other procedures which the Borrower believes will bring it into compliance with the rate covenant made by the Borrower in Section 5.1(a) when such measures have been implemented and become fully effective. Such alternative plan shall be filed with the Authority not later than thirty (30) days after receipt of the Qualified Independent Consultants report along with a detailed explanation of the Borrower’s reason for rejecting the Qualified Independent Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority reserves the right, in its sole discretion, to reject such alternate procedures and require the Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of its delivery to the Authority. The Cost of Funds of the Local Bond shall be computed on disbursed principal balance thereof from the date of each disbursement at the rate of two and twenty-five one-hundredths percent (2.25%) per annum, consisting of the following
(i) interest of seventy-five one-hundredths percent (0.75%) per annum payable for the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual Administrative Fee.
-13-
- 14 -
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be
due and payable on _____ 1, 20__. Commencing ___1, 20, and continuing semi-annually
thereafter on _____ 1 and _____ 1 in each year, principal and the Cost of Funds due under the
Local Bond shall be payable in equal installments of $, with a final installment of $
due and payable on ___1, 20, when, if not sooner paid, all amounts due hereunder and under
the Local Bond shall be due and payable in full. Each installment shall be applied first to
payment of the Cost of Funds accrued and unpaid to the payment date and then to principal. If
principal disbursements up to the maximum authorized amount of the Local Bond are not made,
the principal amount due on the Local Bond shall not include such undisbursed amount.
However, unless the Borrower and the Authority agree otherwise in writing, until all amounts
due hereunder and under the Local Bond shall have been paid in full, less than full disbursement
of the maximum authorized amount of the Local Bond shall not postpone the due date of any
semi-annual installment due on the Local Bond, or change the amount of such installment. If
any installment of principal of or the Cost of Funds on the Local Bond is not paid within ten (10)
days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an
amount equal to five percent (5.0%) of the overdue installment.
Section 6.2. Payment of Additional Payments. In addition to the payments of
principal of and the Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of
the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(2) All expenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after
giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local
Bond at any time, in whole or in part and without penalty. Such written notice shall specify the
date on which the Borrower will make such prepayment and whether the Local Bond will be
prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial
prepayment shall be applied against the principal amount outstanding under the Local Bond but
shall not postpone the due date of any subsequent payment on the Local Bond, or change the
amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be due and payable on 1,20__. Commencing 1, 20__, and continuing semi-annually thereafter on Tand 1 in each year, principal and the Cost of Funds due under the Local Bond shall be payable in equal installments of $__, with a final installment of S.
due and payable on 1, 20__, when, if not sooner paid, all amounts due hereunder and under the Local Bond shall be due and payable in full. Each installment shall be applied first to payment of the Cost of Funds accrued and unpaid to the payment date and then to principal. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, the principal amount due on the Local Bond shall not include such undisbursed amount. However, unless the Borrower and the Authority agree otherwise in writing, until all amounts due hereunder and under the Local Bond shall have been paid in full, less than full disbursement of the maximum authorized amount of the Local Bond shall not postpone the due date of any semi-annual installment due on the Local Bond, or change the amount of such installment. If any installment of principal of or the Cost of Funds on the Local Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue installment.
Section 6.2. Payment of Additional Payments. In addition to the payments of principal of and the Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board in connection with the enforcement of this Agreement, including the reasonable fees and expenses of any attorneys used by any of them; and
(2) Allexpenses, including reasonable attorneys’ fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof.
‘The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2) above not received by the Authority within ten (10) days after demand therefor at a rate of five percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VIE PREPAYMENTS,
Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local Bond at any time, in whole or in part and without penalty. Such written notice shall specify the date on which the Borrower will make such prepayment and whether the Local Bond will be prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial prepayment shall be applied against the principal amount outstanding under the Local Bond but shall not postpone the due date of any subsequent payment on the Local Bond, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
-14-
- 15 -
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System. Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower or the County and shall not be operated or
controlled by any other entity or person.
Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4. Use of System. The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records. The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower or the County owns
or can acquire title to or a perpetual easement over, in either case sufficient for the Borrower’s
purposes, unless such part of the System is lawfully located in a public street or highway or is a
main, conduit, pipeline, main connection or facility located on land in which the Borrower has
acquired a right or interest less than a fee simple or perpetual easement and such lesser right or
interest has been approved by written opinion of counsel to the Borrower as sufficient for the
Borrower’s purposes.
Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
ARTICLE VIII OPERATION AND USE OF SYSTEM.
Section 8.1. Ownership and Operation of Project and System, Except as may otherwise be approved by the Authority or permitted by the terms hereof, the Project and the System at all times shall be owned by the Borrower or the County and shall not be operated or controlled by any other entity or person.
Section 8.2, Maintenance. At its own cost and expense, the Borrower shall operate the System in a proper, sound and economical manner and in compliance with all legal requirements, shall maintain the System in good repair and operating condition and from time to time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from time to time may make any additions, modifications or improvements to the System which it deems desirable and which do not materially reduce the value of the System or the structural or operational integrity of any part of the System, provided that all such additions, modifications or improvements comply with all applicable federal, state and local laws, rules, regulations, orders, permits, authorizations and requirements. All such renewals, replacements, additions, modifi- cations and improvements shall become part of the System.
Section 8.4, Use of System. The Borrower shall comply with all lawful requirements of any governmental authority regarding the System, whether now existing or subsequently enacted, whether foreseen or unforeseen or whether involving any change in governmental policy or requiring structural, operational and other changes to the System, irrespective of the cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records. The Authority and the Board and their duly authorized representatives and agents shall have such reasonable rights of access to the System as may be necessary to determine whether the Borrower is in compliance with the requirements of this Agreement and shall have the right at all reasonable times and upon reasonable prior notice to the Borrower to examine and copy the books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or install any part of the System on lands other than those which the Borrower or the County owns or can acquire title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless such part of the System is lawfully located in a public street or highway or is a main, conduit, pipeline, main connection or facility located on land in which the Borrower has acquired a right or interest less than a fee simple or perpetual easement and such lesser right or interest has been approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s purposes.
Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
-15-
- 16 -
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
© The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds on the Local Bond , and then, if
such property constitutes part of the Project, to the prepayment of the Local Bond under Article
VII hereof.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law. The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service. The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection. The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
following subsections, or as may be otherwise consented and agreed to by the Authority in writing:
(a) The Borrower may grant easements, licenses or permits across, over or under parts of the System for streets, roads and utilities as will not adversely affect the use of the System;
(b) The Borrower may sell or otherwise dispose of property constituting part of the System if it uses the proceeds of such disposition and any other necessary funds to replace such property with property serving the same or a similar function; and
(©) The Borrower may sell or otherwise dispose of property constituting part of the System; provided, however, (i) no such property shall be sold or otherwise disposed of unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized Representative, stating that such property is no longer needed or usefiul in the operation of the System, and, if the proceeds of such sale or disposition, together with the aggregate value of any other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer stating that such property is not necessary or useful to the operation of the System, and (ii) the proceeds to be received from any sale or disposition shall be applied first to cure any default that may exist in the payment of the principal of and Cost of Funds on the Local Bond , and then, if such property constitutes part of the Project, to the prepayment of the Local Bond under Article VII hereof.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on premises served by the System for the amount of all delinquent rates, fees and other charges where such action is permitted by law. The Borrower shall, to the full extent permitted by law, discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the System, and use its best efforts to cause to be shut off water service furnished otherwise than through the System, to customers of the System who are delinquent beyond any customary grace periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service. The Borrower shall not permit connections with or the use of the System, or furnish any services afforded by the System, without making a charge therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any franchise to provide or give consent for anyone else to provide, any services which would compete with the System.
Section 8.11. Mandatory Connection. The Borrower shall, consistent with applicable law, require the owner, tenant or occupant of each lot or parcel of land which is served or may reasonably be served by the System and upon which lot or parcel a building shall have been constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
-16-
- 17 -
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics’ Charges”). The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof. The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation, leasing or use of the System.
standards of the Board, by any such building already in existence at the time the services of the System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due alll taxes, fees, assessments, levies and other governmental charges of any kind whatsoever (collectively, the “Governmental Charges”) which are (i) assessed, levied or imposed against the System or the Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues (collectively, the “Mechanics” Charges”). The Borrower, however, after giving the Authority ten (10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the Borrower may permit the same to remain unpaid during the period of the contest and any subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the lien on Revenues granted by this Agreement, in which event, such Governmental Charges or Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon request, the Borrower shall furnish to the Authority proof of payment of all Governmental Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the Borrower continuously shall maintain or cause to be maintained insurance against such risks as are customarily insured against by public bodies operating systems similar in size and character to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s insurable portions against loss or damage by fire and lightning, with broad form extended coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normallly covered by such endorsements (limited only as may be provided in the standard form of such endorsements at the time in use in Virginia); provided that during the construction of the Project, the Borrower may provide or cause to be provided, in lieu of the insurance in the amount of the full replacement cost of the Project, builders” risk or similar types of insurance in the amount of the full replacement cost thereof, The determination of replacement cost shall be made by a recognized appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of $2,000,000 per year against liability for bodily injury, including death resulting therefrom, and for damage to property, including loss of use thereof, arising out of the ownership, maintenance, operation, leasing or use of the System,
-1T-
- 18 -
© Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority. Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System, and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority. If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses. If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds. If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant
to Article VII.
(©) Unless the Borrower qualifies as a self-insurer under the laws of Virginia, workers” compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the procurement or maintenance of insurance or the amounts or the provisions with respect to policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of the Authority a certificate or certificates of the respective insurers evidencing the fact that the insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be maintained with generally recognized, responsible insurance companies selected by the Borrower and reasonably acceptable to the Authority. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other utility systems of like size and character to the System, and shall contain an undertaking by the insurer that such policy shall not be modified adversely to the interests of, or canceled without at least thirty (30) days” prior notice to, the Authority. If any such insurance is not maintained with an insurer licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of (i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any loss of the System because of failure of title, or (iv) the commencement of any proceedings or negotiations which might result in such a taking or loss, the Borrower shall give prompt notice thereof to the Authority describing generally the nature and extent of such damage, destruction, taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property damaged or destroyed to substantially the same condition as before such damage or destruction, with such alterations and additions as the Borrower may determine and which will not impair the capacity or character of the System for the purpose for which it then is being used or is intended to be used, The Borrower may apply so much as may be necessary of the Net Proceeds of insurance received on account of any such damage or destruction to payment of the cost of such restoration, either on completion or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are derived from property constituting part of the Project, any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant to Article VII.
-18-
- 19 -
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the System shall be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such
condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to the
prepayment of the Local Bond pursuant to Article VII.
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence. The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bond and this
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2. Financial Records and Statements. The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System. The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year. The annual audit shall include a supplemental schedule demonstrating whether the
Borrower during such Fiscal Year satisfied the rate covenant made by the Borrower in Section
5.1(a). In accordance with the provisions of the Single Audit Act of 1984, 31 U.S.C. §§ 7501 et
seq., as amended, and the regulations promulgated thereunder, including Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards located at Title 2 of the
Code of Federal Regulations Part 200 Subpart F, the Borrower agrees to obtain an annual audit
from an independent auditor if the Borrower expends $750,000 or more in federal funds in any
fiscal year. The Borrower shall furnish to the Authority copies of such report immediately after
it is accepted by the Borrower. Such report shall include statements in reasonable detail,
certified by such accountant, reflecting the Borrower’s financial position as of the end of such
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or any part of the System shall be taken under the exercise of the power of eminent domain or lost because of failure of title, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such condemnation award or from title insurance to be applied to the restoration of the System to substantially its condition before the exercise of such power of eminent domain or failure of title. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are derived from property constituting part of the Project, any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant to Article VII.
ARTICLE X SPECIAL COVENANTS
Section 10.1. Maintenance of Existence, The Borrower shall maintain its existence as a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia, and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and the Board, all of the obligations of the Borrower contained in the Local Bond and this, Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel acceptable to the Authority and the Board subject to customary exceptions and qualifications, to the effect that such assumption constitutes the legal, valid and binding obligation of the surviving, resulting or transferee political subdivision enforceable against it in accordance with its terms.
Section 10.2. Financial Records and Statements. The Borrower shall maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted government accounting standards, consistently applied, of all its business and affairs related to the System. The Borrower shall have an annual audit of the financial condition of the Borrower (and at the reasonable request of the Authority, of the System) made by an independent certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal Year. The annual audit shall include a supplemental schedule demonstrating whether the Borrower during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a). In accordance with the provisions of the Single Audit Act of 1984, 31 U.S.C. §§ 7501 et seq., as amended, and the regulations promulgated thereunder, including Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards located at Title 2 of the Code of Federal Regulations Part 200 Subpart F, the Borrower agrees to obtain an annual audit from an independent auditor if the Borrower expends $750,000 or more in federal funds in any fiscal year. The Borrower shall furnish to the Authority copies of such report immediately after it is accepted by the Borrower. Such report shall include statements in reasonable detail, certified by such accountant, reflecting the Borrower’s financial position as of the end of such
-19-
- 20 -
Fiscal Year and the results of the Borrower’s operations and changes in the financial position of
its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default. The Borrower shall deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bond, Parity
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii);
provided in each case the following conditions are satisfied. Notwithstanding anything contained
herein to the contrary, the issuance of any such Parity Bonds must not conflict with any of the
terms, conditions or restrictions applicable to the obligations of the County which are payable
from or secured by the Revenues, as set forth in Exhibit F attached hereto. Further, except to the
extent otherwise consented and agreed to by the Authority in writing, before any Parity Bonds are
issued or delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
© If the Parity Bonds are authorized for any purpose other than the refunding
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance
satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection
(iv)© below, a certificate, including supporting documentation, of the Qualified Independent
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent
Consultant, as applicable, (i) the improvements or property to which the proceeds from the
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds
available to the Borrower from the issuance of the Parity Bonds and other specified sources will
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time
which will be required to complete such improvements or acquire such property, and (iv) (A) the
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
Fiscal Year and the results of the Borrower’s operations and changes in the financial position of its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default. The Borrower shall deliver to the Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a certificate signed by an Authorized Representative stating that, during such year and as of the date of such certificate, no event or condition has happened or existed, or is happening or existing, which constitutes an Event of Default or a Default, or if such an event or condition has happened or existed, or is happening or existing, specifying the nature and period of such event or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements, equipment or betterments and of any property, rights or easements deemed by the Borrower to be necessary, usefull or convenient for the System, (iii) refund some or all of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii); provided in each case the following conditions are satisfied. Notwithstanding anything contained herein to the contrary, the issuance of any such Parity Bonds must not conflict with any of the terms, conditions or restrictions applicable to the obligations of the County which are payable from or secured by the Revenues, as set forth in Exhibit F attached hereto. Further, except to the extent otherwise consented and agreed to by the Authority in writing, before any Parity Bonds are issued or delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will apply the proceeds from the issuance and sale of the Parity Bonds.
(©) __ Ifthe Parity Bonds are authorized for any purpose other than the refunding of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection (iv) below, a certificate, including supporting documentation, of the Qualified Independent Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent Consultant, as applicable, (i) the improvements or property to which the proceeds from the issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds available to the Borrower from the issuance of the Parity Bonds and other specified sources will be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time which will be required to complete such improvements or acquire such property, and (iv) (A) the Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
-20-
- 21 -
improvements or acquire or construct such property will result in an interruption or reduction of
Revenues, or © during the first two complete Fiscal Years following completion of the
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds,
the projected Net Revenues Available for Debt Service (excluding any amounts made available
by the County pursuant to the Support Agreement) will equal at least 115% of the amount
required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other
indebtedness of the Borrower secured by or payable from by Revenues. In providing this
certificate, as applicable, the Qualified Independent Consultant may take into consideration
future System rate increases, provided that such rate increases have been duly approved by the
governing body of the Borrower and any other person and entity required to give approval for the
rate increase to become effective. In addition, the Qualified Independent Consultant may take
into consideration additional future revenues of the System to be derived under then existing
contractual agreements entered into by the Borrower and from reasonable estimates of growth in
the customer base of the Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bond (with the
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded
would have been outstanding which are lower than the annual debt service requirements in each
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent
Consultant to the effect that during the first two complete Fiscal Years following the issuance of the
refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any
amounts made available by the County pursuant to the Support Agreement) will equal at least
115% of the amount required during each such Fiscal Year to pay any and all amounts due under
the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds,
and all other indebtedness of the Borrower secured by or payable from Revenues. In providing
the certificate described in clause (ii), the Qualified Independent Consultant may take into account
the factors described in the last two sentences of subsection © of this Section.
(e) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of the
Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute compliance
with the provisions of this Section.
Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
improvements or acquire or construct such property will result in an interruption or reduction of Revenues, or © during the first two complete Fiscal Years following completion of the improvements or the acquisition of the property financed with the proceeds of the Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any amounts made available by the County pursuant to the Support Agreement) will equal at least 115% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other indebtedness of the Borrower secured by or payable from by Revenues. In providing this certificate, as applicable, the Qualified Independent Consultant may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person and entity required to give approval for the rate increase to become effective. In addition, the Qualified Independent Consultant may take into consideration additional future revenues of the System to be derived under then existing contractual agreements entered into by the Borrower and from reasonable estimates of growth in the customer base of the Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bond (with the consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory to the Authority that the refunding Parity Bonds will have annual debt service requirements in each of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded would have been outstanding which are lower than the annual debt service requirements in each such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent Consultant to the effect that during the first two complete Fiscal Years following the issuance of the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any amounts made available by the County pursuant to the Support Agreement) will equal at least 115% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues. In providing the certificate described in clause (ii), the Qualified Independent Consultant may take into account the factors described in the last two sentences of subsection © of this Section.
(€) _ An Opinion of Counsel satisfactory to the Authority subject to customary exceptions and qualifications, approving the form of the resolution authorizing the issuance of the Parity Bonds and stating that its terms and provisions conform with the requirements of this, Agreement and that the certificates and documents delivered to the Authority constitute compliance with the provisions of this Section.
Section 10.6. Further Assurances, The Borrower shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights, Revenues and other funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend, preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
-21-
- 22 -
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board. If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement. Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bond and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act. The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. Operating Agreement. The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of the Operating
Agreement. The Borrower shall enforce the terms of such agreement and use its best efforts to
ensure that such agreement remains in full force and effect during the term of this Agreement.
Section 10.11. American Iron and Steel. The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project. Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States. The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
and all rights of the Authority and the Board under this Agreement against all claims and demands of all persons.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts required by any other bonded indebtedness and to perform all of its obligations in connection therewith.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under this Agreement without the prior written consent of the Authority and the Board. If the Borrower desires to assign its rights under this Agreement to another “local government” (as defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If the Authority and the Board consent to the proposed assignment, the Borrower may proceed with the proposed assignment, but such assignment shall not become effective until the Authority and the Board are furnished (i) an assumption agreement in form and substance satisfactory to the Authority and the Board by which the assignee agrees to assume all of the Borrower’s obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement, the Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee enforceable against the assignee in accordance with their terms and that the assignment and assumption comply in all respects with the provisions of this Agreement. Notwithstanding the foregoing, the assignment of the rights of the Borrower under the Local Bond and this Agreement or the assumption of the obligations thereunder by the assignee shall in no way be construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act. The Borrower agrees to comply with the Davis-Bacon Act and related acts, as amended, with respect to the Project and require that all laborers and mechanics employed by contractors and subcontractors for the Project shall be paid wages at rates not less than those prevailing on projects of a similar character, as determined by the United States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act and related acts, as amended.
Section 10.10, Operating Agreement, The Borrower shall give prompt notice to the Authority of any renewal, extension, amendment, default or termination of the Operating ‘Agreement. The Borrower shall enforce the terms of such agreement and use its best efforts to ensure that such agreement remains in full force and effect during the term of this Agreement,
Section 10.11. American Iron and Steel. The Borrower agrees to comply with all federal requirements, including those imposed by the Consolidated Appropriations Act, 2014, P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended and supplemented and in effect from time to time, with respect to the Project. Such requirements include, among other things, that all iron and steel products used for the Project are to be produced in the United States. The term “iron and steel products” is defined to mean the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete and construction materials,
-2-
- 23 -
Section 10.12. Recordkeeping and Reporting. The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project. The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds
due hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond or this Agreement and the continuation of such
failure for a period of thirty (30) days after the Authority gives the Borrower written notice
specifying such failure and requesting that it be cured, unless the Authority shall agree in writing
to an extension of such time prior to its expiration; provided, however, if the failure stated in the
notice is correctable but cannot be corrected within the applicable period, the Authority will not
unreasonably withhold its consent to an extension of such time if corrective action is instituted
by the Borrower within the applicable period and diligently pursued until the Default is
corrected;
© Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;
(d) The early termination of the Funding Agreement pursuant to Sections 5.3(b)
and © thereof;
(e) The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(f) An order or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
Section 10.12. Recordkeeping and Reporting. The Borrower agrees to comply with all recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as, amended, including any reports required by a federal agency or the Authority, such as performance indicators of program deliverables, information on costs and progress with respect to the Project. The Borrower acknowledges that each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities.
ARTICLE XI DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds due hereunder or to make any other payment required to be made under the Local Bond or this Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants, agreements or conditions of the Local Bond or this Agreement and the continuation of such failure for a period of thirty (30) days after the Authority gives the Borrower written notice specifying such failure and requesting that it be cured, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice is correctable but cannot be corrected within the applicable period, the Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Default is corrected;
(©) _ Any warranty, representation or other statement by or on behalf of Borrower contained in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement or in connection with the issuance and sale of the Local Bond is false or misleading in any material respect;
(4) The early termination of the Funding Agreement pursuant to Sections 5.3(b) and © thereof;
© The occurrence of a default by the Borrower under the terms of any Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure such default or obtain a waiver thereof within any period of time permitted thereunder;
(8) Anorder or decree shall be entered, with the Borrower’s consent or acquiescence, appointing a receiver or receivers of the System or any part thereof or of the Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after the entry thereof;
-23-
- 24 -
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
payable from or secured by Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement or to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement or to enforce performance by the Borrower of its covenants, agreements or
undertakings contained herein or in the Local Bond.
Section 11.4. Delay and Waiver. No delay or omission 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 or 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 under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid
when the same shall become due and payable.
(g) Any proceeding shall be instituted, with the Borrower’s consent or acquiescence, for the purpose of effecting a composition between the Borrower and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from or secured by Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted by or against the Borrower under any federal or state bankruptcy or insolvency law now or hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60) days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt written notice if any order, decree or proceeding referred to in Section 11.1(£), (g) or (h) is entered or instituted against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default immediately upon becoming aware of the existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act, have the right, at its option without any further demand or notice, to take one or both of the following remedial steps:
(a) Declare immediately due and payable all payments due or to become due on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or desirable to collect the payments then due and thereafter to become due on the Local Bond and under this Agreement or to enforce any other of the Fund’s, the Authority’s or the Board’s rights under this Agreement or to enforce performance by the Borrower of its covenants, agreements or undertakings contained herein or in the Local Bond.
Section 11.4. Delay and Waiver. No delay or omission to exercise any right or power aceruing 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 or 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 under this Agreement shall extend to or shall affect any subsequent Default or Event of Default or shall impair any rights or remedies consequent thereto,
Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may take any and all actions available to it under the laws of the Commonwealth of Virginia, including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid when the same shall become due and payable.
-04-
- 25 -
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12.2. Amendments. The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the
Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose. Neither the Local Bond nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or the Cost of Funds on the Local Bond or other costs
incident thereto except from the Revenues and other funds pledged therefor. In the absence of
fraud, no present or future director, official, officer, employee or agent of the Borrower shall be
liable personally in respect of this Agreement or the Local Bond or for any other action taken by
such individual pursuant to or in connection with the financing provided for in this Agreement or
the Local Bond.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable
laws of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
ARTICLE XII MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns
Section 12.2. Amendments. The Authority and the Borrower, with the written consent of the Department, shall have the right to amend from time to time any of the terms and conditions of this Agreement, provided that all amendments shall be in writing and shall be signed by or on behalf of the Authority and the Borrower; provided, however, that the written consent of the Department shall not be required for the Authority and the Borrower to amend Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general obligations, but are limited obligations payable solely from the Revenues which are specifically pledged for such purpose. Neither the Local Bond nor this Agreement shall be deemed to create or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not be obligated to pay the principal of or the Cost of Funds on the Local Bond or other costs incident thereto except from the Revenues and other funds pledged therefor. In the absence of fraud, no present or future director, official, officer, employee or agent of the Borrower shall be liable personally in respect of this Agreement or the Local Bond or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement or the Local Bond.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable laws of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or Section shall not affect the remainder of this Agreement which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. If any agreement or obligation contained in this Agreement is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Authority and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices, approvals, consents, requests, opinions and other communications under the Local Bond or this Agreement shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
-25-
- 26 -
Fund: Virginia Water Supply Revolving Fund
c/o Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Authority: Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority
P. O. Box 3219
Lebanon, VA 24266
Attention: Executive Director
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named. The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act. All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under
this Section shall survive the payment of the Local Bond.
Section 12.8. Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower’s obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.
Fund: Virginia Water Supply Revolving Fund c/o Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, VA 23219 Attention: Executive Director
Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health 109 Governor Street, Richmond, VA 23219 Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority P.O. Box 3219 Lebanon, VA 24266 Attention: Executive Director
‘A duplicate copy of each demand, notice, approval, consent, request, opinion or other ‘communication given by any party named in this Section shall also be given to each of the other parties named. The Authority, the Board and the Borrower may designate, by notice given hereunder, any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shalll be sent or persons to whose attention the same shall be directed.
Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or to perform any act required by it under the Local Bond or this Agreement, the Authority without prior notice to or demand upon the Borrower and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by the Authority and all costs, fees and expenses so incurred shalll be payable by the Borrower as an additional obligation under this Agreement, together with interest thereon at the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under this Section shall survive the payment of the Local Bond.
Section 12.8. Headings. The headings of the several articles and sections of this Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its execution and delivery, provided that the Local Bond previously or simultaneously shall have been executed and delivered. Except as otherwise specified, the Borrower’s obligations under the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all other amounts payable by the Borrower under this Agreement.
-26-
- 27 -
Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this
Agreement and shall survive closing hereunder.
Section 12.11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this Agreement and shall survive closing hereunder.
Section 12.11. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
-27-
- 28 -
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: __________________________________________
Its: __________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: __________________________________________
Its: __________________________________________
ACKNOWLEDGED, CONSENTED AND AGREED TO:
COUNTY OF RUSSELL, VIRGINIA
By: ____________________________________
Its: ____________________________________
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
By:
Its:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Its:
ACKNOWLEDGED, CONSENTED AND AGREED TO: COUNTY OF RUSSELL, VIRGINIA
By:
Its:
-28-
EXHIBIT A
FORM OF LOCAL BOND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT A
FORM OF LOCAL BON! THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT B
PROJECT DESCRIPTION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
The Project involves the extension of waterlines and water service to the Fincastle Estates
area, together with related expenses.
EXHIBIT B
PROJECT DESCRIPTIO! THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
The Project involves the extension of waterlines and water service to the Fincastle Estates area, together with related expenses.
EXHIBIT C
PROJECT BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
[To Come]
EXHIBIT C
PROJECT BUDGET THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
[To Come]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT E
REQUISITION FOR DISBURSEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
[LETTERHEAD OF BORROWER]
[Date]
Steven D. Pellei, P.E., Director
Office of Drinking Water, 6th Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-022-15E
Dear Mr. Pellei:
This requisition, Number ___, is submitted in connection with the Financing Agreement and
Funding Agreement, each dated as of ___1, 20 (collectively, the “Agreements”) between the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the
“Fund”), and The Russell County Public Service Authority (the “Borrower”). Unless otherwise
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in
Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby
requests disbursement of loan proceeds under the Agreements in the amount of $_____, for the
purposes of payment of the Project Costs as set forth on Schedule 1 attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, (b) the conducting of employee interviews, and © the posting
of all wage determinations and additional classifications (as appropriate) on the work site, and
through this oversight, the Borrower has determined to the best of its ability that the Project
complies with the requirements of the Davis-Bacon Act and related acts. The Borrower further
EXHIBIT E
REQUISITION FOR DISBURSEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
[LETTERHEAD OF BORROWER] [Date]
Steven D. Pellei, P.E., Director Office of Drinking Water, 6th Floor Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund The Russell County Public Service Authority Loan No. WSL-022-15E
Dear Mr. Pellei
This requisition, Number , is submitted in connection with the Financing Agreement and Funding Agreement, each dated as of 1, 20 (collectively, the “Agreements”) between the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the “Fund”), and The Russell County Public Service Authority (the “Borrower”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby requests disbursement of loan proceeds under the Agreements in the amount of $, for the purposes of payment of the Project Costs as set forth on Schedule | attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
‘The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of payrolls and associated certifications, (b) the conducting of employee interviews, and © the posting of all wage determinations and additional classifications (as appropriate) on the work site, and through this oversight, the Borrower has determined to the best of its ability that the Project complies with the requirements of the Davis-Bacon Act and related acts. The Borrower further
certifies that all products included in this request satisfy the appropriate provisions of the American
Iron and Steel requirements included in the Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely,
(Authorized Representative of the Borrower)
Attachments
cc: VDH Project Engineer (with all attachments)
certifies that all products included in this request satisfy the appropriate provisions of the American Iron and Stee! requirements included in the Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is continuing, and no condition exists which, with the passing of time or with the giving of notice or both, would constitute an Event of Default hereunder, and (b) the representations and warranties of the Borrower contained in the Agreements are true, correct and complete and the Borrower has performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the performance of the work
Sincerely,
(Authorized Representative of the Borrower)
Attachments ce: VDH Project Engineer (with all attachments)
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-022-15E
This Certificate is submitted in connection with Requisition Number ____, dated
_______, 20, submitted by The Russell County Public Service Authority. Capitalization
terms used herein shall have the same meanings set forth in Article I of the Agreements referred
to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were
actually furnished to or installed in the Project.
SEAL
______________________________
[Consulting Engineer]
Date: ________________________
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-022-15E
This Certificate is submitted in connection with Requisition Number ___, dated
. 20__, submitted by The Russell County Public Service Authority. Capitalization terms used herein shall have the same meanings set forth in Article I of the Agreements referred to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, supplies or equipment were actually furnished to or installed in the Project.
SEAL
[Consulting Engineer]
Date:
SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # ________
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-022-15E
CERTIFYING SIGNATURE: ______________________________
TITLE: ______________________________________
Cost Category
Amount
Budgeted
Previous
Disbursements
Expenditures
This
Period
Total
Expenditures
to Date
Net Balance
Remaining
TOTALS:
Total Loan Amount $_________________
Previous Disbursements $_________________
This Request $_________________
Loan Proceeds Remaining $________________
SCHEDULE 1 VIRGINIA WATER SUPPLY REVOLVING FUND FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-022-15E
CERTIFYING SIGNATURE: TITLE:
TOTALS:
Total Loan Amount Previous Disbursements $ This Request $
Loan Proceeds Remaining §
EXHIBIT F
PRIOR BONDS, EXISTING PARITY BONDS AND SPRINGING PARITY BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
Prior Bonds:
None
Existing Parity Bonds:*
$672,000 Russell County Series 1988 Water Revenue Bond (Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (Dante Project) (to the extent secured
by water revenues)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (Lynn Springs Project)
$935,690 Russell County Revenue Bond Series 2001A (Big A Mountain Project)
$344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project)
$99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green
Valley Project)
$325,227 The Russell County Public Service Authority Water Revenue Bond, Series
2010-A (Back Valley – Big A Mountain Interconnection Project)
$1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project)
$103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B
(Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project)
$700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A
(New Garden/Finney Water Line Extension Project)
$3,537,000 Water Revenue Refunding Bond, Series 2014
$93,071 The Russell County Public Service Authority Water Revenue Bond, Series 2015
(Mountain Meadows Line Extension)
$294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project
EXHIBIT F
PRIOR BONDS, EXISTING PARITY BONDS AND SPRINGING PARITY BONDS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
Bonds:
‘None
Existing Parity Bon $672,000 Russell County Series 1988 Water Revenue Bond (Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (Dante Project) (to the extent secured by water revenues)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (Lynn Springs Project) $935,690 Russell County Revenue Bond Series 2001A (Big A Mountain Project) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project)
$99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green Valley Project)
$325,227 The Russell County Public Service Authority Water Revenue Bond, Series 2010-A (Back Valley ~ Big A Mountain Interconnection Project)
$1,059,765 The Russell County Public Service Authority Water Revenue Bond, Series 2011-A (Green Valley West Water Line Extension Project)
$103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project)
$700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A (New Garden/Finney Water Line Extension Project)
$3,537,000 Water Revenue Refunding Bond, Series 2014
$93,071 The Russell County Public Service Authority Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension)
$294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project
WSL-021-15)
$445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project
WSL-023-15E)
[$_____ Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road Waterline Extension
Project (WSL-022-15E))]
Springing Parity Bonds:*
$1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project)
$822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority)
(Clark’s Valley Project) Series 2002A
$556,538 Russell County Revenue Bond Series 2005A (Drill Mountain Project)
$91,439 Russell County Revenue Bond Series 2005B (Clark’s Valley – South
Extension Water Project)
$1,906,717 Russell County Revenue Bond Series 2005E (Belfast - Rosedale Project)
$415,518 Russell County Revenue Bond Series 2006A (Miller Creek / Frank’s Hollow /
Honeysuckle Lane Project)
$197,179 Russell County Revenue Bond Series 2007A (Belfast – Highlands and
Yates Project)
$1,534,941 The Russell County Public Service Authority Revenue Bond Series
2008A (Big A Mountain Phase II Project)
- The Existing Parity Bonds and Springing Parity Bonds, which have been issued by the County, are
secured, in part, by a pledge of the Revenues received by the Borrower from the System pursuant to the
Operating Agreement.
WSL-021-15)
$445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project WSL-023-15E)
[S____ Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road Waterline Extension Project (WSL-022-15E))]
Springing Parity Bonds:* $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project)
$822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority) (Clark’s Valley Project) Series 20024.
$556,538 Russell County Revenue Bond Series 2005A (Drill Mountain Project)
$91,439 Russell County Revenue Bond Series 2005B (Clark’s Valley — South Extension Water Project)
$1,906,717 Russell County Revenue Bond Series 2005E (Belfast - Rosedale Project)
$415,518 Russell County Revenue Bond Series 2006A (Miller Creek / Frank’s Hollow / Honeysuckle Lane Project)
$197,179 Russell County Revenue Bond Series 2007A (Belfast — Highlands and ‘Yates Project)
$1,534,941 The Russell County Public Service Authority Revenue Bond Series 2008A (Big A Mountain Phase II Project)
- The Existing Parity Bonds and Springing Parity Bonds, which have been issued by the County, are secured, in part, by a pledge of the Revenues received by the Borrower from the System pursuant to the Operating Agreement.
EXHIBIT G
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
THIS SUPPORT AGREEMENT is made as of the first day of _____, 2017, by and
among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as
hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the
“Financing Agreement”), between the Authority and the Borrower, and acknowledged,
consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water system revenue bond in an original aggregate principal amount not to exceed $_____ (the
“Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to
finance the Project; and
WHEREAS, the Board adopted on ________, 20 a resolution authorizing, among
other things, the execution of an agreement providing for a non-binding obligation of the Board
to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:
- Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.
- The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.
EXHIBIT G
SUPPORT AGREEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
THIS SUPPORT AGREEMENT is made as of the first day of . 2017, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”, acting as the governing body of the County of Russell, Virginia (the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the “Financing Agreement”), between the Authority and the Borrower, and acknowledged, consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that itis in its best interest to issue and sell a water system revenue bond in an original aggregate principal amount not to exceed $ (the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on ,20__aresolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
-
Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Financing Agreement.
-
The Borrower shall use its best efforts to issue the Local Bond, to use the proceeds thereof to pay the costs of the Project, and to construct and place the Project in operation at the earliest practical date.
-
No later than May 15 of each year, beginning May 15, 20__, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1.
- The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.
- If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.
- The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.
- The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.
- The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
-
No later than May 15 of each year, beginning May 15, 20__, the Borrower shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Financing Agreement, the Local Bond and any other indebtedness secured by or payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in full as and when due during the County’s fiscal year beginning the following July 1
-
The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County Administrator shall deliver to the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual Deficiency Amount.
-
Ifat any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
-
The County Administrator shall present each request for appropriation pursuant to paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
-
The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise.
-
The Board acknowledges that (i) the Authority would not purchase the Local Bond without the security and credit enhancement provided by this Agreement, and (ii) the Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1- 199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.
- Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.
- Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box
1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P. O.
Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (iii) if to the Authority, to
1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.
Any party may designate any other address for notices or requests by giving notice.
- It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
- This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.
- This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such nonpayment.
-
Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Borrower, the Authority or to any holder of the Local Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein.
-
Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P.O. Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (ii) if to the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice.
-
Itis the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia.
-
This Agreement shall remain in full force and effect until the Local Bond and all other amounts payable by the Borrower under the Financing Agreement have been paid in full.
-
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
Title:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
By:
Title:
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
By:
Title:
EXHIBIT H
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
FINCASTLE ESTATES WATERLINE EXTENSION PROJECT
WSL-022-15E
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear Mr./Ms. __________:
Pursuant to the Financing Agreement[s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is
enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues1 Operation & Maintenance
Expense
Net Revenues Available
for Debt Service ( Revenues – O&M Expense)
Debt Service Coverage (Net Revenues Available for
Debt Service/Debt Service)
1 Of the amount set forth here as Revenues, $_________ is derived from a transfer from the County of Russell,
Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement[s].
Very truly yours,
By: __________________________
Its: _________________________
EXHIBIT H
FORM OF BUDGET THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY FINCASTLE ESTATES WATERLINE EXTENSION PROJECT WSL-022-15E
(To Be on Borrower’s Letterhead)
[Date]
Executive Director Virginia Resources Authority
1111 East Main Street, Suite 1920 Richmond, VA 23219
Dear Mr./Ms.
Pursuant to the Financing Agreement{s] between Virginia Resources Authority and The Russell County Public Service Authority, a copy of the fiscal year [20x] annual budget is enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated below.
Revenues! ‘Operation & Maintenance | Net Revenues Available | Debt Service | Coverage Expense for Debt Service (Net Revenues Available for (Revenues ~ 08M Expense) Deb Service Debt Service)
Of the amount set forth here as Revenues, S is derived from a transfer from the County of Russell,
Virginia’s general fund pursuant to the Support Agreement
All capitalized terms used herein shall have the meaning set forth in the Financing Agreement[s].
Very truly yours,
By:
Its:
CB Draft: 6/19/17
FINANCING AGREEMENT
dated as of _____ 1, 2017
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the
Virginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority
Virginia Water Supply Revolving Fund
CFDA No. 66.468 – Capitalization Grants for Drinking Water State Revolving Funds
U.S. Environmental Protection Agency
Loan No. WSL-020-15E
Thompson Creek/Tunnel Road Waterline Extension Project
CB Draft: 6/19/17
FINANCING AGREEMENT
dated as of __1, 2017
BETWEEN
VIRGINIA RESOURCES AUTHORITY,
as Administrator of the ginia Water Supply Revolving Fund
AND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Virginia Resources Authority irginia Water Supply Revolving Fund
CFDA No. 66.468 - Capitalization Grants for Drinking Water State Revolving Funds U.S. Environmental Protection Agency
Loan No. WSL-020-15E Thompson Creek/Tunnel Road Waterline Extension Project
- i -
TABLE OF CONTENTS Page
[To Be Updated]
ARTICLE I
DEFINITIONS
Section 1.1. Definitions…1
Section 1.2. Rules of Construction …4
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower …5
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond …7
Section 3.2. Conditions Precedent to Purchase of the Local Bond …7
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds …9
Section 4.2. Agreement to Accomplish Project …10
Section 4.3. Permits …11
Section 4.4. Construction Contractors …11
Section 4.5. Engineering Services …11
Section 4.6. Borrower Required to Complete Project …12
ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues …12
Section 5.2. Annual Budget …12
Section 5.3. Qualified Independent Consultant’s Report…13
TABLE OF CONTE
[To Be Updated]
ARTICLE IL DI TIONS Section 1.1. Definitions… Section 1.2. Rules of Constructioi ARTICLE I REPRESENTATIONS Section 2.1. Representations by Borrower.
ARTICLE II ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1 Loan to Borrower and Purchase of the Local Bond. Section Conditions Precedent to Purchase of the Local Bond…
ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1 Application of Proceeds Section 4.2. Agreement to Accomplish Project Section 4.3. Permits…
Section 4.4. Construction Contractors
Section 4.5. Engineering Services… Section 4.6. Borrower Required to Complete Project… 12 ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues… Section 5.2 Annual Budget… eenientsnntnitnsenseee sevsensereeeel Section 5.3. Qualified Independent Consultant’s RepOtt…cccnconsnennennnnnanensel3
- ii -
Page
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond …13
Section 6.2. Payment of Additional Payments…14
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond …14
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System …15
Section 8.2. Maintenance …15
Section 8.3. Additions and Modifications…15
Section 8.4. Use of System …15
Section 8.5. Inspection of System and Borrower’s Books and Records …15
Section 8.6. Ownership of Land …15
Section 8.7. Sale or Encumbrance …15
Section 8.8. Collection of Revenues …16
Section 8.9. No Free Service…16
Section 8.10. No Competing Service …16
Section 8.11. Mandatory Connection…16
Section 8.12. Lawful Charges …17
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance …17
Section 9.2. Requirements of Policies …18
Section 9.3. Notice of Damage, Destruction and Condemnation …18
Section 9.4. Damage and Destruction …18
Section 9.5. Condemnation and Loss of Title …19
Section 6.1. Section 6.2.
Section 7.1.
Section 8.1. Section 8.2. Section 8.3. Section 8. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Section 8.12
Section 9.1 Section 9.2. Section 9.3. Section 9.4. Section 9.5.
ARTICLE VI PAYME)
Payment of Local Bond… Payment of Additional Payment:
ARTICLE VII
PREPAYMENTS
Prepayment of Local Bond…
ARTICLE VII OPERATION AND USE OF SYSTEM.
Ownership and Operation of Project and System Maintenance… Additions and Modifications Use of System… Inspection of System and Borrower’s Books and Records. Ownership of Land … Sale or Encumbrance … Collection of Revenues… No Free Service… No Competing Service Mandatory Connection…sesssssesrstenseseenseenseineenteentsrsteneteneeeneeneeee 16 Lawful Charges
AS
16
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Insurance se revssenscanneesses Requirements of Policies…
Notice of Damage, Destruction and Condemnation Damage and Destruction. Condemnation and Loss of Title
18 18 19
- iii -
Page
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence …19
Section 10.2. Financial Records and Statements …19
Section 10.3. Certificate as to No Default …19
Section 10.4. Additional Indebtedness…20
Section 10.5. Parity Bonds …20
Section 10.6. Further Assurances…21
Section 10.7. Other Indebtedness…21
Section 10.8. Assignment by Borrower …22
Section 10.9. Davis-Bacon Act …22
Section 10.10. Operating Agreement …22
Section 10.11. American Iron and Steel …22
Section 10.12. Recordkeeping and Reporting…22
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default …23
Section 11.2. Notice of Default…24
Section 11.3. Remedies on Default …24
Section 11.4. Delay and Waiver …24
Section 11.5. State Aid Intercept …24
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns…25
Section 12.2. Amendments …25
Section 12.3. Limitation of Borrower’s Liability …25
Section 12.4. Applicable Law …25
Section 12.5. Severability …25
Section 12.6. Notices …25
Section 12.7. Right to Cure Default …26
Section 12.8. Headings …26
Section 12.9. Term of Agreement …26
Section 12.10. Commitment Letter …26
Section 12.11. Counterparts …27
Section 10.1 Section 10.2. Section 10.3. Section 10.4. Section 10.5. Section 10.6. Section 10.7. Section 10.8. Section 10.9. Section 10.10. Section 10.11. Section 10.12.
Section 11.1 Section 11.2 Section 11.3. Section 11.4. Section 11.5.
Section 12.1. Section 12.2. Section 12.3. Section 12.4. Section 12.5. Section 12.6. Section 12.7. Section 12.8. Section 12.9. Section 12.10. Section 12.11.
ARTICLE X SPECIAL. ENANTS
Maintenance of Existence… Financial Records and Statements Certificate as to No Default Additional Indebtednes Parity Bonds… Further Assurances Other Indebtedness Assignment by Borrower Davis-Bacon Act Operating Agreemen American Iron and Steel . Recordkeeping and Reporting.
ARTICLE XI DEFAULTS AND RI!
Events of Default Notice of Default. Remedies on Default Delay and Waiver … State Aid Intercept
ARTICLE XII MISCELLANEOUS
Successors and Assigns… Amendments Limitation of Borrower’s Liability Applicable Law Severability Notices … Right to Cure Default… Headings …s Term of Agreement… Commitment Letter.
Counterparts…
ii -
- iv -
EXHIBITS
Exhibit A - Form of Local Bond
Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds, Existing Parity Bonds and Springing Parity Bonds
Exhibit G - Support Agreement
Exhibit H - Form of Budget
EXHIBITS
Exhibit A - Form of Local Bond Exhibit B - Project Description
Exhibit C - Project Budget
Exhibit D - Opinion of Borrower’s Bond Counsel
Exhibit E - Requisition for Disbursement
Exhibit F - Prior Bonds, Existing Parity Bonds and Springing Parity Bonds Exhibit G - Support Agreement
Exhibit H - Form of Budget
wiv
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of _____, 2017,
between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political
subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY
PUBLIC SERVICE AUTHORITY, a public body politic and corporate of the Commonwealth
of Virginia (the “Borrower”), and acknowledged, consented and agreed to by the COUNTY OF
RUSSELL, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
“County”).
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the
“Act”), the General Assembly created a permanent and perpetual fund known as the “Virginia
Water Supply Revolving Fund” (the “Fund”). In conjunction with the Board of Health, the
Authority administers and manages the Fund. From the Fund, the Authority from time to time
makes loans to and acquires obligations of local governments in Virginia to finance or refinance
the costs of water supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to
repay such loan by the Local Bond the Borrower will issue and sell to the Authority, as
Administrator of the Fund. The Borrower will use the proceeds of the sale of the Local Bond to
the Authority to finance that portion of the Project Costs not being paid from other sources, all as
further set forth in the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below unless the context requires otherwise and
any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms
in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower,
together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in
Section 6.1(a)(ii) payable as an annual fee for administrative and management services
attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower
authorized by resolution, ordinance or other official act of the governing body of the Borrower to
perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
FINANCING AGREEMENT
THIS FINANCING AGREEMENT is made as of this first day of, 2017, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND, and THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY, a public body politic and corporate of the Commonwealth of Virginia (the “Borrower"), and acknowledged, consented and agreed to by the COUNTY OF RUSSELL, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”.
Pursuant to Chapter 23, Title 62.1 of the Code of Virginia (1950), as amended (the “Act”), the General Assembly created a permanent and perpetual fund known as the “Virginia Water Supply Revolving Fund” (the “Fund”). In conjunction with the Board of Health, the Authority administers and manages the Fund. From the Fund, the Authority from time to time makes loans to and acquires obligations of local governments in Virginia to finance or refinance the costs of water supply facilities within the meaning of Section 62.1-233 of the Act.
The Borrower has requested a loan from the Fund and will evidence its obligation to repay such loan by the Local Bond the Borrower will issue and sell to the Authority, as Administrator of the Fund. The Borrower will use the proceeds of the sale of the Local Bond to the Authority to finance that portion of the Project Costs not being paid from other sources, all as further set forth in the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1, Definitions. The capitalized terms contained in this Agreement and not defined above shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Authority and the Borrower, together with any amendments or supplements hereto.
“Annual Administrative Fee” means the portion of the Cost of Funds specified in Section 6.1(a)(ii) payable as an annual fee for administrative and management services attributable to the Local Bond.
“Authorized Representative” means any member, official or employee of the Borrower authorized by resolution, ordinance or other official act of the governing body of the Borrower to perform the act or sign the document in question.
“Board” means the Virginia Board of Health.
- 2 -
“Closing Date” means the date of the delivery of the Local Bond to the Authority.
“Commitment Letter” means the commitment letter from the Authority to the
Borrower, dated __________, 2017, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or the firm of independent consulting engineers
of recognized standing and experienced in the field of water system and sanitary engineering and
registered to do business in Virginia which is designated by the Borrower from time to time as
Borrower’s consulting engineer in accordance with Section 4.5 in a written notice to the Authority.
Such individual or firm shall be subject to the reasonable approval of the Authority. Unless and
until the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are
licensed and registered as professional engineers in the Commonwealth of Virginia may serve as
Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual
Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Existing Parity Bonds” means any of the bonds, notes or other evidences of
indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues on a parity with the pledge of
Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date hereof, between
the Authority and the Borrower, relating to a principal forgiveness loan from the Fund to the
Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing
Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund,
pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Authority pursuant to this Agreement.
“Closing Date” means the date of the delivery of the Local Bond to the Authority.
“Commitment Letter” means the commitment letter from the Authority to the Borrower, dated 2017, and all extensions and amendments thereto.
“Consulting Engineer” means the engineer or the firm of independent consulting engineers of recognized standing and experienced in the field of water system and sanitary engineering and registered to do business in Virginia which is designated by the Borrower from time to time as Borrower’s consulting engineer in accordance with Section 4.5 in a written notice to the Authority. Such individual or firm shall be subject to the reasonable approval of the Authority. Unless and until the Authority notifies the Borrower otherwise, any of the Borrower’s employees that are licensed and registered as professional engineers in the Commonwealth of Virginia may serve as, Consulting Engineer under this Agreement.
“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, payable as set forth in Section 6.1.
“County” means the County of Russell, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default.
“Department” means the Virginia Department of Health. “Event of Default” shall have the meaning set forth in Section 11.1 “Existing Parity Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described on Exhibit F, that on the date of the Local Bond’s issuance and
delivery were secured by or payable from a pledge of Revenues on a parity with the pledge of Revenues securing the Local Bond.
“Fiscal Year” means the period of twelve months established by the Borrower as its annual accounting period.
“Funding Agreement” means the Funding Agreement, dated as of the date here: the Authority and the Borrower, relating to a principal forgiveness loan from the Fund to the Borrower.
“Local Bond” means the bond in substantially the form attached to this Financing Agreement as Exhibit A issued by the Borrower to the Authority, as Administrator of the Fund, pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the Authority pursuant to this Agreement.
- 3 -
“Local Resolution” means all resolutions or ordinances adopted by the governing body
of the Borrower approving the transactions contemplated by and authorizing the execution and
delivery of this Agreement and the execution, issuance and delivery of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation
award remaining after payment of attorneys’ fees and expenses of the Authority and all other
expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts necessary
to pay Operation and Maintenance Expense.
“Operating Agreement” means, collectively, any and all lease, operating or similar
agreements by and between the Borrower and the County, as the same may be amended from time
to time with the written consent of the Authority.
“Operation and Maintenance Expense” means the costs of operating and maintaining
the System determined under generally accepted accounting principles, exclusive of (i) interest
on any debt secured by or payable from Revenues, (ii) depreciation and other items not requiring
the expenditure of cash, (iii) any amounts expended for capital replacements, repairs and
maintenance not recurring annually or reserves therefor, and (iv) reserves for administration,
operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable
to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
issued under Section 10.5.
“Prior Bonds” means any of the bonds, notes or other evidences of indebtedness, as further
described in Exhibit F, that on the date of the Local Bond’s issuance and delivery were secured by
or payable from a pledge of Revenues all or any portion of which was superior to the pledge of
Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the
construction, acquisition or equipping of which are to be financed or refinanced in whole or in
part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing of the Project, a copy of which is
attached to this Agreement as Exhibit C, with such changes therein as may be approved in
writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the
Project, as further described in the Project Budget, and such other costs as may be approved in
writing by the Authority, provided such costs are permitted by the Act.
“Local Resolution” means all resolutions or ordinances adopted by the governing body of the Borrower approving the transactions contemplated by and authorizing the execution and delivery of this Agreement and the execution, issuance and delivery of the Local Bond.
“Net Proceeds” means the gross proceeds from any insurance recovery or condemnation award remaining after payment of attorneys’ fees and expenses of the Authority and all other expenses incurred in the collection of such gross proceeds.
“Net Revenues Available for Debt Service” means the Revenues less amounts necessary to pay Operation and Maintenance Expense.
“Operating Agreement” means, collectively, any and all lease, operating or similar agreements by and between the Borrower and the County, as the same may be amended from time to time with the written consent of the Authority.
“Operation and Maintenance Expense” means the costs of operating and maintaining the System determined under generally accepted accounting principles, exclusive of (i) interest on any debt secured by or payable from Revenues, (ii) depreciation and other items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements, repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for administration, operation and maintenance occurring in the normal course of business.
“Opinion of Counsel” means a written opinion of recognized bond counsel, acceptable to the Authority.
“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower sued under Section 10.5.
“Prior Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described in Exhibit F, that on the date of the Local Bond’s issuance and delivery were secured by or payable from a pledge of Revenues all or any portion of which was superior to the pledge of Revenues securing the Local Bond.
“Project” means the particular project described in Exhibit B, the costs of the construction, acquisition or equipping of which are to be financed or refinanced in whole or in part with the Local Bond Proceeds.
“Project Budget” means the budget for the financing of the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority.
“Project Costs” means the costs of the construction, acquisition or equipping of the Project, as further described in the Project Budget, and such other costs as may be approved in writing by the Authority, provided such costs are permitted by the Act.
- 4 -
“Qualified Independent Consultant” shall mean an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation a Consulting Engineer, so long as such individual is not an employee of the
Borrower, and an independent certified public accountant or firm of independent certified public
accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to
the System in accordance with generally accepted accounting principles or resulting from the
Borrower’s ownership, leasing or operation of the System, including but not limited to any and
all amounts payable to the Borrower pursuant to the terms and conditions of the Operating
Agreement, but excluding customer and other deposits subject to refund until such deposits have
become the Borrower’s property, (ii) the proceeds of any insurance covering business
interruption loss related to the System, (iii) interest on any money or securities relating to the
System held by or on behalf of the Borrower, (iv) amounts that may be appropriated for and paid
to the Borrower by the County under the Support Agreement or otherwise, and (v) any other
income from other sources pledged by or on behalf of the Borrower to the payment of the Local
Bond.
“Springing Parity Bonds” means any of the bonds, notes or other evidences of
indebtedness, as further described on Exhibit F, payable from or secured by a pledge of
Revenues that are deemed Subordinate Bonds as of the date hereof but which, upon satisfaction
of the “Springing Parity Test,” as defined in the respective financing agreement between the
Authority and either the Borrower or the County, pursuant to which such Springing Parity Bond
was issued, shall be deemed an Existing Parity Bond for all purposes hereof.
“Subordinate Bonds” means any of the Borrower’s bonds, notes or other evidences of
indebtedness, including but not limited to such existing bonds, notes or other evidences of
indebtedness described on Exhibit F, secured by or payable from a pledge of Revenues expressly
made subordinate to the pledge of Revenues to secure the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the
Borrower, the Authority and the County, substantially in the form of Exhibit G hereto.
“System” means all plants, systems, facilities, equipment or property, of which the
Project constitutes a part, owned, operated, leased or maintained by the Borrower and used in
connection with the collection, storage, supply, treatment or distribution of water and any other
facilities governed by the terms and conditions of the Operating Agreement.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
“Qualified Independent Consultant” shall mean an independent professional consultant having the skill and experience necessary to provide the particular certificate, report or approval required by the provision of this Agreement in which such requirement appears, including without limitation a Consulting Engineer, so long as such individual is not an employee of the Borrower, and an independent certified public accountant or firm of independent certified public accountants. Such individual or firm shall be subject to the reasonable approval of the Authority.
“Revenues” means (i) all rates, fees, rentals, charges and income properly allocable to the System in accordance with generally accepted accounting principles or resulting from the Borrower’s ownership, leasing or operation of the System, including but not limited to any and all amounts payable to the Borrower pursuant to the terms and conditions of the Operating ‘Agreement, but excluding customer and other deposits subject to refund until such deposits have become the Borrower’s property, (ii) the proceeds of any insurance covering business interruption loss related to the System, (iii) interest on any money or securities relating to the System held by or on behalf of the Borrower, (iv) amounts that may be appropriated for and paid to the Borrower by the County under the Support Agreement or otherwise, and (v) any other income from other sources pledged by or on behalf of the Borrower to the payment of the Local Bond.
“Springing Parity Bonds” means any of the bonds, notes or other evidences of indebtedness, as further described on Exhibit F, payable from or secured by a pledge of Revenues that are deemed Subordinate Bonds as of the date hereof but which, upon satisfaction of the “Springing Parity Test,” as defined in the respective financing agreement between the Authority and either the Borrower or the County, pursuant to which such Springing Parity Bond was issued, shall be deemed an Existing Parity Bond for all purposes hereof.
“Subordinate Bonds” means any of the Borrower’s bonds, notes or other evidences of indebtedness, including but not limited to such existing bonds, notes or other evidences of indebtedness described on Exhibit F, secured by or payable from a pledge of Revenues expressly made subordinate to the pledge of Revenues to secure the payment of the Local Bond.
“Support Agreement” means the Support Agreement, dated the date hereof, among the Borrower, the Authority and the County, substantially in the form of Exhibit G hereto.
“System” means all plants, systems, facilities, equipment or property, of which the Project constitutes a part, owned, operated, leased or maintained by the Borrower and used in connection with the collection, storage, supply, treatment or distribution of water and any other facilities governed by the terms and conditions of the Operating Agreement.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and vice versa.
- 5 -
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
© The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government”
(as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with
the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreement and the other
documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as
Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges
for the use of and for the services furnished by the System, (v) construct, acquire or equip the
Project (as described in Exhibit B) and finance the Project Costs by borrowing money for such
purpose pursuant to this Agreement and the issuance of the Local Bond, (vi) pledge the
Revenues of the System to the payment of the Local Bond, and (vii) carry out and consummate
all of the transactions contemplated by the Local Resolution, this Agreement, the Support
Agreement and the Local Bond.
© This Agreement, the Support Agreement and the Local Bond were duly
authorized by the Local Resolution and are in substantially the same form as presented to the
governing body of the Borrower at its meeting at which the Local Resolution was adopted.
(d) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the date of the delivery of this
Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the
execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local
Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder,
(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v)
the operation and use of the System. The Borrower knows of no reason why any such required
governmental permits, licenses, registrations, certificates, authorizations and approvals not
obtained as of the date hereof cannot be obtained as needed.
(e) This Agreement and the Support Agreement have been executed and
delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding
obligations of the Borrower enforceable against the Borrower in accordance with their terms.
(b) All references in this Agreement to particular Sections or Exhibits are references to Sections or Exhibits of this Agreement unless otherwise indicated.
(©) The headings and table of contents as used in this Agreement are solely for convenience of reference and shall not constitute a part of this Agreement nor shalll they affect its meaning, construction or effect.
ARTICLE II REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing “local government” (as defined in Section 62.1-233 of the Act) of the Commonwealth of Virginia and is vested with the rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local Resolution and execute and deliver this Agreement, the Support Agreement and the other documents related thereto, (ii) issue, sell and deliver the Local Bond to the Authority, as Administrator of the Fund, (iii) own and operate the System, (iv) fix, charge and collect charges for the use of and for the services furnished by the System, (v) construct, acquire or equip the Project (as described in Exhibit B) and finance the Project Costs by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local Bond, (vi) pledge the Revenues of the System to the payment of the Local Bond, and (vii) carry out and consummate all of the transactions contemplated by the Local Resolution, this Agreement, the Support Agreement and the Local Bond.
(©) This Agreement, the Support Agreement and the Local Bond were duly authorized by the Local Resolution and are in substantially the same form as presented to the governing body of the Borrower at its meeting at which the Local Resolution was adopted.
(4) All governmental permits, licenses, registrations, certificates, authorizations and approvals required to have been obtained as of the date of the delivery of this Agreement have been obtained for (i) the Borrower’s adoption of the Local Resolution, (ii) the execution and delivery by the Borrower of this Agreement, the Support Agreement and the Local Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder,
(iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v) the operation and use of the System, The Borrower knows of no reason why any such required governmental permits, licenses, registrations, certificates, authorizations and approvals not obtained as of the date hereof cannot be obtained as needed.
(e) _ This Agreement and the Support Agreement have been executed and delivered by duly authorized officials of the Borrower and constitute a legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms.
- 6 -
(f) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this
Agreement and the Support Agreement and the performance by the Borrower of its obligations
thereunder are within the powers of the Borrower and will not conflict with, or constitute a
breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal, or
Virginia constitutional or statutory provision, including the Borrower’s charter or articles of
incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or
by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court,
government or governmental authority having jurisdiction over the Borrower or its property.
(h) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
under and subject to which any indebtedness for borrowed money has been incurred. No event
or condition has happened or existed, or is happening or existing, under the provisions of any
such instrument, including but not limited to this Agreement and the Support Agreement, which
constitutes, or which, with notice or lapse of time, or both, would constitute an event of default
thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
Agreement or the Local Bond. The execution and delivery by the Borrower of this Agreement,
the Support Agreement or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(j) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Borrower or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
(f) When executed and delivered in accordance with the Local Resolution and this Agreement, the Local Bond will have been executed and delivered by duly authorized officials of the Borrower and will constitute a legal, valid and binding limited obligation of the Borrower enforceable against the Borrower in accordance with its terms.
(g) The issuance of the Local Bond and the execution and delivery of this, Agreement and the Support Agreement and the performance by the Borrower of its obligations thereunder are within the powers of the Borrower and will not conflict with, or constitute a breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal, or Virginia constitutional or statutory provision, including the Borrower’s charter or articles of incorporation, if any, (ii) any agreement or other instrument to which the Borrower is a party or by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court, government or governmental authority having jurisdiction over the Borrower or its property.
(h) _ The Borrower is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under and subject to which any indebtedness for borrowed money has been incurred. No event or condition has happened or existed, or is happening or existing, under the provisions of any such instrument, including but not limited to this Agreement and the Support Agreement, which constitutes, or which, with notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Borrower (i) to the best of the Borrower’s knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way which would have a material adverse effect on its financial condition or its ability to perform its obligations under this Agreement, the Support Agreement or the Local Bond and (ii) is not in default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the Borrower is a party or by which it is bound or to which any of its assets is subject, which would have a material adverse effect on its financial condition or its ability to perform its obligations under this Agreement, the Support ‘Agreement or the Local Bond. The execution and delivery by the Borrower of this Agreement, the Support Agreement or the Local Bond and the compliance with the terms and conditions thereof will not conflict with or result in a breach of or constitute a default under any of the foregoing.
(i) There are not pending nor, to the best of the Borrower’s knowledge, threatened against the Borrower, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting the creation, organization or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local Resolution, this Agreement, the Support Agreement or the Local Bond or the issuance or delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability of the Local Resolution, this Agreement, the Support Agreement, the Local Bond or any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may have a material adverse effect on the Borrower or its business, assets, condition (financial or otherwise), operations or prospects or on its ability to perform its obligations under the Local Resolution, this Agreement, the Support Agreement or the Local Bond, (v) in any way
- 7 -
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any
contract made by the Borrower in connection with the construction or equipping of the Project.
(l) No material adverse change has occurred in the financial condition of the
Borrower as indicated in the financial statements, applications and other information furnished to
the Authority.
(m) Except as may otherwise be approved by the Authority or permitted by the
terms of this Agreement, the System at all times is and will be owned by the Borrower and will
not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a
pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the
Local Bond except any Existing Parity Bonds, Springing Parity Bonds or Prior Bonds set forth
on Exhibit F.
(o) No Event of Default or Default has occurred and is continuing.
(p) The Operating Agreement is in full force and effect; no default or event of
default has occurred and is continuing under the Operating Agreement; and the Borrower is not
currently aware of any fact or circumstance that would have an adverse impact on the
Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies
available to the Borrower, under or pursuant to the Operating Agreement.
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower
agrees to borrow from the Fund and the Authority agrees to lend to the Borrower, from the Fund,
the principal amount equal to the sum of the principal disbursements made pursuant to
Section 4.1, but not to exceed $_____, for the purposes herein set forth, a portion of which may
be made from federal financial assistance. The Borrower’s obligation shall be evidenced by the
Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a
part hereof and delivered to the Authority, as Administrator of the Fund, on the Closing Date.
The Local Bond shall be in the original principal amount of the loan and shall mature, bear a Cost
of Funds and be payable as hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority
shall not be required to make the loan to the Borrower and purchase the Local Bond unless the
Authority shall have received the following, all in form and substance satisfactory to the
Authority:
(a) The Local Bond, the Funding Agreement and the Support Agreement.
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power of the Borrower to pledge the Revenues to the payment of the Local Bond.
(k) There have been no defaults by any contractor or subcontractor under any contract made by the Borrower in connection with the construction or equipping of the Project.
(1) No material adverse change has occurred in the financial condition of the Borrower as indicated in the financial statements, applications and other information furnished to the Authority.
(m) Except as may otherwise be approved by the Authority or permitted by the terms of this Agreement, the System at all times is and will be owned by the Borrower and will not be operated or controlled by any other entity or person.
(n) There is no indebtedness of the Borrower secured by or payable from a pledge of Revenues on a parity with or prior to the lien of the pledge of Revenues securing the Local Bond except any Existing Parity Bonds, Springing Parity Bonds or Prior Bonds set forth on Exhibit F.
(0) No Event of Default or Default has occurred and is continuing.
(p) The Operating Agreement is in full force and effect; no default or event of default has occurred and is continuing under the Operating Agreement; and the Borrower is not currently aware of any fact or circumstance that would have an adverse impact on the Borrower’s ability to set rates, to receive payments, or to exercise any other rights and remedies available to the Borrower, under or pursuant to the Operating Agreement.
ARTICLE IL ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower agrees to borrow from the Fund and the Authority agrees to lend to the Borrower, from the Fund, the principal amount equal to the sum of the principal disbursements made pursuant to Section 4.1, but not to exceed $_, for the purposes herein set forth, a portion of which may be made from federal financial assistance. The Borrower’s obligation shall be evidenced by the Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a part hereof and delivered to the Authority, as Administrator of the Fund, on the Closing Date. The Local Bond shall be in the original principal amount of the loan and shall mature, bear a Cost of Funds and be payable as hereinafter provided.
Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority shall not be required to make the loan to the Borrower and purchase the Local Bond unless the Authority shall have received the following, all in form and substance satisfactory to the Authority:
(a) The Local Bond, the Funding Agreement and the Support Agreement.
- 8 -
(b) A certified copy of the Local Resolution.
© A certificate of appropriate officials of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Authority may reasonably require.
(d) A closing certificate from the Department certifying that the Project is in
compliance with all federal and state laws and project requirements applicable to the Fund.
(e) A certificate of the Consulting Engineer estimating the total Project Costs
to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise
compatible with the financing plan described in the Project Budget.
(f) A certificate of the Consulting Engineer to the effect that in the opinion of
the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond
Proceeds and funds available from the other sources specified in the Project Budget will be
sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified
Independent Consultant that in the opinion of the Qualified Independent Consultant during the
first two complete Fiscal Years of the Borrower following completion of the Project, the
projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the
Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant
may take into consideration future System rate increases, provided that such rate increases have
been duly approved by the governing body of the Borrower and any other person or entity
required to give approval for the rate increase to become effective. In addition, the Qualified
Independent Consultant may take into consideration additional future revenues to be derived
under existing contractual arrangements entered into by the Borrower and from reasonable
estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is
expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits,
licenses, registrations, certificates, authorizations and approvals for the Project required to have
been obtained as of the date of the delivery of this Agreement have been obtained and a
statement of the Consulting Engineer that he or she knows of no reason why any future required
governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be
obtained as needed.
(j) Evidence satisfactory to the Authority that the Borrower has obtained or
has made arrangements satisfactory to the Authority to obtain any funds or other financing for
the Project as contemplated in the Project Budget.
(k) Evidence satisfactory to the Authority that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(b) A certified copy of the Local Resolution.
(©) A certificate of appropriate officials of the Borrower as to the matters set forth in Section 2.1 and such other matters as the Authority may reasonably require.
(4) A closing certificate from the Department certifying that the Project is in compliance with all federal and state laws and project requirements applicable to the Fund.
(€) _ A certificate of the Consulting Engineer estimating the total Project Costs to be financed with the Local Bond Proceeds, which estimate is in an amount and otherwise compatible with the financing plan described in the Project Budget.
(0) A certificate of the Consulting Engineer to the effect that in the opinion of the Consulting Engineer (i) the Project will be a part of the System, and (ii) the Local Bond Proceeds and funds available from the other sources specified in the Project Budget will be sufficient to pay the estimated Project Costs.
(g) A certificate, including supporting documentation, of a Qualified Independent Consultant that in the opinion of the Qualified Independent Consultant during the first two complete Fiscal Years of the Borrower following completion of the Project, the projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the Borrower in Section 5.1(a). In providing this certificate, the Qualified Independent Consultant may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person or entity required to give approval for the rate increase to become effective. In addition, the Qualified Independent Consultant may take into consideration additional future revenues to be derived under existing contractual arrangements entered into by the Borrower and from reasonable estimates of growth in the consumer base of the Borrower.
(h) A certificate of the Consulting Engineer as to the date the Borrower is, expected to complete the acquisition, construction and equipping of the Project.
(i) Evidence satisfactory to the Authority that all governmental permits, licenses, registrations, certificates, authorizations and approvals for the Project required to have been obtained as of the date of the delivery of this Agreement have been obtained and a statement of the Consulting Engineer that he or she knows of no reason why any future required governmental permits, licenses, registrations, certificates, authorizations and approvals cannot be obtained as needed.
() Evidence satisfactory to the Authority that the Borrower has obtained or has made arrangements satisfactory to the Authority to obtain any funds or other financing for the Project as contemplated in the Project Budget.
(k) Evidence satisfactory to the Authority that the Borrower has performed and satisfied all of the terms and conditions contained in this Agreement to be performed and satisfied by it as of such date.
- 9 -
(l) An Opinion of Counsel, substantially in the form of Exhibit D, addressed
to the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably
satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied
with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(o) Evidence that the Borrower has satisfied all conditions precedent to the
issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing
Parity Bonds.
(p) A report of the Borrower and the County as to the status of each of the
Springing Parity Bonds meeting the “Springing Parity Test,” as defined in the respective
financing agreement between the Authority and either the Borrower or the County for each of the
Springing Parity Bonds.
(q) Evidence satisfactory to the Authority that the Operating Agreement is in
full force and effect and that it is a binding and enforceable agreement as to each of the Borrower
and the other parties to such agreement.
® Such other documentation, certificates and opinions as the Authority, the
Board or the Department may reasonably require, including an opinion from counsel acceptable
to the Authority that the Support Agreement is valid and enforceable against the County, subject
to usual and customary qualifications.
ARTICLE IV
USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT
Section 4.1. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to
the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further
agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or
other evidence of the actual payment of such Project Costs. The Authority shall disburse money
from the Fund to or for the account of the Borrower not more frequently than once each calendar
month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the
Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department
shall be entitled to rely) signed by an Authorized Representative and containing all information
called for by, and otherwise being in the form of, Exhibit E to this Agreement;
() An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Authority.
(m) An opinion of counsel to the Borrower in form and substance reasonably satisfactory to the Authority.
(n) Evidence satisfactory to the Authority that the Borrower has complied with the insurance provisions set forth in Sections 9.1 and 9.2 hereof.
(0) Evidence that the Borrower has satisfied all conditions precedent to the issuance of the Local Bond as a “Parity Bond” under the financing agreements for the Existing Parity Bonds.
(p) A report of the Borrower and the County as to the status of each of the Springing Parity Bonds meeting the “Springing Parity Test,” as defined in the respective financing agreement between the Authority and either the Borrower or the County for each of the Springing Parity Bonds,
(q) Evidence satisfactory to the Authority that the Operating Agreement is in full force and effect and that it is a binding and enforceable agreement as to each of the Borrower and the other parties to such agreement.
(1) Such other documentation, certificates and opinions as the Authority, the Board or the Department may reasonably require, including an opinion from counsel acceptable to the Authority that the Support Agreement is valid and enforceable against the County, subject to usual and customary qualifications.
ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.
Section 4.1. Application of Proceeds.
(a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of Project Costs and further agrees to exhibit to the Board or the Authority receipts, vouchers, statements, bills of sale or other evidence of the actual payment of such Project Costs. The Authority shall disburse money from the Fund to or for the account of the Borrower not more frequently than once each calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the Authority (with a copy to be furnished to the Board) of the following:
(1) A requisition (upon which the Authority, the Board and the Department shall be entitled to rely) signed by an Authorized Representative and containing all information called for by, and otherwise being in the form of, Exhibit E to this Agreement;
- 10 -
(2) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that 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
(ii) a certificate, signed by an Authorized Representative, stating either
that such materials, supplies or equipment are not subject to any lien or
security interest or that such lien or security interest will be released or
discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and
approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or
for the account of the Borrower in accordance with such requisition in an amount and to the
extent approved by the Board and shall note the date and amount of each such disbursement on a
schedule of principal disbursements to be included on the Local Bond. The Authority shall have
no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder
nor shall the Board have any obligation to approve any requisition if the Borrower is not in
compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable State laws, including but not
limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and
performance of public construction contracts. Except as may otherwise be approved by the
Board, disbursements shall be held at ninety-five percent (95%) of the maximum authorized
amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from
the Borrower of the certificate specified in Section 4.2 and a final requisition detailing all
retainages to which the Borrower is then entitled, the Authority, to the extent approved by the
Board and subject to the provisions of this Section and Section 4.2, will disburse to or for the
account of the Borrower Local Bond Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the
amount necessary to pay for approved Project Costs. If principal disbursements up to the
maximum authorized amount of the Local Bond are not made, principal installments due on the
Local Bond shall be reduced in accordance with Section 6.1.
Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the
Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B
and in accordance with the Project Budget and the plans, specifications and designs prepared by
the Consulting Engineer and approved by the Board. The Borrower shall use its best efforts to
complete the Project by the date set forth in the certificate provided to the Authority pursuant to
Section 3.2(h). All plans, specifications and designs shall be approved by all applicable
regulatory agencies. The Borrower agrees to maintain complete and accurate books and records
of the Project Costs and permit the Authority and the Board through their duly authorized
representatives to inspect such books and records at any reasonable time. The Borrower and the
(2) Ifany requisition includes an item for payment for labor or to contractors, builders or materialmen,
(i) a certificate, signed by the Consulting Engineer, stating that 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
(ii) certificate, signed by an Authorized Representative, stating either that such materials, supplies or equipment are not subject to any lien or security interest or that such lien or security interest will be released or discharged upon payment of the requisition.
Upon receipt of each such requisition and accompanying certificate or certificates and approval thereof by the Board, the Authority shall disburse Local Bond Proceeds hereunder to or for the account of the Borrower in accordance with such requisition in an amount and to the extent approved by the Board and shall note the date and amount of each such disbursement on a schedule of principal disbursements to be included on the Local Bond. The Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder nor shall the Board have any obligation to approve any requisition if the Borrower is not in compliance with the terms of this Agreement.
(b) The Borrower shall comply with all applicable State laws, including but not limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and performance of public construction contracts. Except as may otherwise be approved by the Board, disbursements shall be held at ninety-five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from the Borrower of the certificate specified in Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled, the Authority, to the extent approved by the Board and subject to the provisions of this Section and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the extent of such approval.
The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the amount necessary to pay for approved Project Costs. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, principal installments due on the Local Bond shall be reduced in accordance with Section 6.1.
Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B and in accordance with the Project Budget and the plans, specifications and designs prepared by the Consulting Engineer and approved by the Board. The Borrower shall use its best efforts to complete the Project by the date set forth in the certificate provided to the Authority pursuant to Section 3.2(h). All plans, specifications and designs shall be approved by all applicable regulatory agencies. The Borrower agrees to maintain complete and accurate books and records of the Project Costs and permit the Authority and the Board through their duly authorized representatives to inspect such books and records at any reasonable time. ‘The Borrower and the
-10-
- 11 -
Authority, with the consent of the Board, may amend the description of the Project set forth in
Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the
Authority and the Board a certificate signed by an Authorized Representative of the Borrower
and by the Consulting Engineer stating (i) that the Project has been completed substantially in
accordance with this Section, the plans and specifications as amended from time to time, as
approved by the Board, and in substantial compliance with all material applicable laws,
ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of
occupancy or other material permits necessary for the Project’s use, occupancy and operation
have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project
Costs.
Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with,
and shall obtain all permits, consents and approvals required by local, state or federal laws,
ordinances, rules, regulations or requirements in connection with the acquisition, construction,
equipping, occupation, operation or use of the Project. The Borrower shall, upon request,
promptly furnish to the Authority and the Board copies of all such permits, consents and
approvals. The Borrower shall also comply with all lawful program or procedural guidelines or
requirements duly promulgated and amended from time to time by the Board in connection with
the acquisition, construction, equipping, occupation, operation or use of projects financed from
the Fund under the Act. The Borrower shall also comply in all respects with all applicable
federal laws, regulations and other requirements relating to or arising out of or in connection
with the Project and the funding thereof by the Authority, including, but not limited to, the
federal “crosscutting” requirements identified in Schedule A of the Commitment Letter. Where
noncompliance with such requirements is determined by the Authority or the Board, the issue
shall be referred to the proper federal authority or agency for consultation or enforcement action.
Section 4.4. Construction Contractors. Each construction contractor employed in the
accomplishment of the Project shall be required in the construction contract to furnish a
performance bond and a payment bond each in an amount equal to one hundred percent (100%)
of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and
the Board as beneficiaries. Each contractor shall be required to maintain during the construction
period covered by the particular construction contract builder’s risk insurance, workers’
compensation insurance, public liability insurance, property damage insurance and vehicle
liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon
request of the Authority or the Board, the Borrower shall cause each contractor to furnish
evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer
to provide engineering services covering the operation of the System and the supervision and
inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund,
the Authority and the Board as to the various stages of the completion of the Project as
disbursements of Local Bond Proceeds are requested and shall upon completion of the Project
provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and
4.2.
Authority, with the consent of the Board, may amend the description of the Project set forth in Exhibit B.
When the Project has been completed, the Borrower shall promptly deliver to the Authority and the Board a certificate signed by an Authorized Representative of the Borrower and by the Consulting Engineer stating (i) that the Project has been completed substantially in accordance with this Section, the plans and specifications as amended from time to time, as, approved by the Board, and in substantial compliance with all material applicable laws, ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of occupancy or other material permits necessary for the Project’s use, occupancy and operation have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of Project Costs.
Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with, and shall obtain all permits, consents and approvals required by local, state or federal laws, ordinances, rules, regulations or requirements in connection with the acquisition, construction, equipping, occupation, operation or use of the Project. The Borrower shall, upon request, promptly furnish to the Authority and the Board copies of all such permits, consents and approvals. The Borrower shall also comply with all lawful program or procedural guidelines or requirements duly promulgated and amended from time to time by the Board in connection with the acquisition, construction, equipping, occupation, operation or use of projects financed from the Fund under the Act. The Borrower shall also comply in all respects with all applicable federal laws, regulations and other requirements relating to or arising out of or in connection with the Project and the funding thereof by the Authority, including, but not limited to, the federal “crosscutting” requirements identified in Schedule A of the Commitment Letter. Where noncompliance with such requirements is determined by the Authority or the Board, the issue shall be referred to the proper federal authority or agency for consultation or enforcement action.
Section 4.4. Construction Contractors. Each construction contractor employed in the accomplishment of the Project shall be required in the construction contract to furnish a performance bond and a payment bond each in an amount equal to one hundred percent (100%) of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority and the Board as beneficiaries. Each contractor shall be required to maintain during the construction period covered by the particular construction contract builder’s risk insurance, workers? compensation insurance, public liability insurance, property damage insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon request of the Authority or the Board, the Borrower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority and the Board.
Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer to provide engineering services covering the operation of the System and the supervision and inspection of the construction of the Project. The Consulting Engineer shall certify to the Fund, the Authority and the Board as to the various stages of the completion of the Project as disbursements of Local Bond Proceeds are requested and shall upon completion of the Project provide to the Fund, the Authority and the Board the certificates required by Sections 4.1 and 4.2.
“le
- 12 -
Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds
are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at
its own expense and shall not be entitled to any reimbursement therefor from the Fund, the
Authority or the Board or any abatement, diminution or postponement of the Borrower’s
payments under the Local Bond or this Agreement.
ARTICLE V
PLEDGE, REVENUES AND ANNUAL BUDGET
Section 5.1. Pledge of Revenues. Subject to the Borrower’s right to apply Revenues to
the payment of Operation and Maintenance Expense, the Revenues are hereby pledged to the
Authority, as Administrator of the Fund, to secure the payment of the principal of and the Cost of
Funds on the Local Bond and the payment and performance of the Borrower’s obligations under
this Agreement. This pledge shall be valid and binding from and after the execution and delivery of
this Agreement. The Revenues, as received by the Borrower, shall immediately be subject to the
lien of this pledge without any physical delivery of them or further act. The lien of this pledge of
the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien
of this pledge shall, subject to the right of the Borrower to apply Revenues to the payment of
Operation and Maintenance Expense, have priority over all other obligations and liabilities of the
Borrower, and the lien of this pledge shall be valid and binding against all parties having claims of
any kind against the Borrower regardless of whether such parties have notice of this pledge.
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and
other charges for the use of and for services furnished or to be furnished by the System, and will
from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net
Revenues Available for Debt Service will equal at least 100% of the amount required during the
Fiscal Year to pay the principal of and the Cost of Funds on the Local Bond, the Additional
Payments and all other indebtedness of the Borrower secured by or payable from Revenues,
including without limitation, indebtedness under leases which are treated as capital leases under
generally accepted accounting principles. If, for any reason, the Revenues are insufficient to satisfy
the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its rates, fees
and other charges or reduce its Operation and Maintenance Expense so as to provide sufficient
Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the
adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates
the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in
subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its
rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any
deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal
Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise
being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of
the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
Section 4.6. Borrower Required to Complete Project. If the Local Bond Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund, the Authority or the Board or any abatement, diminution or postponement of the Borrower’s payments under the Local Bond or this Agreement.
ARTICLE V. ES AND ANNUAL BUDGET
PLEDGE, RI
Section 5.1. Pledge of Revenues. Subject to the Borrower’s right to apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby pledged to the Authority, as Administrator of the Fund, to secure the payment of the principal of and the Cost of Funds on the Local Bond and the payment and performance of the Borrower’s obligations under this Agreement. This pledge shall be valid and binding from and after the execution and delivery of this Agreement. The Revenues, as received by the Borrower, shall immediately be subject to the lien of this pledge without any physical delivery of them or further act. The lien of this pledge of the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have priority over all other obligations and liabilities of the Borrower, and the lien of this pledge shall be valid and binding against all parties having claims of any kind against the Borrower regardless of whether such parties have notice of this pledge
(a) The Borrower covenants and agrees that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to pay the principal of and the Cost of Funds on the Local Bond, the Additional Payments and all other indebtedness of the Borrower secured by or payable from Revenues, including without limitation, indebtedness under leases which are treated as capital leases under generally accepted accounting principles. If, for any reason, the Revenues are insufficient to satisfy the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its Operation and Maintenance Expense so as to provide sufficient Revenues to satisfy such requirement.
(b) On or before the last day of each Fiscal Year, the Borrower shall review the adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates the Borrower’s rates, fees and other charges are insufficient to satisfy the rate covenant in subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any deficiency.
Section 5.2. Annual Budget. The Borrower agrees before the first day of each Fiscal Year to adopt a budget for such Fiscal Year containing all information called for by, and otherwise being in the form of, Exhibit H to this Agreement, for such Fiscal Year setting forth a schedule of the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be
-12-
- 13 -
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance,
repairs, replacements, improvements, debt service and other purposes, and specifically identifying
any amounts made available by the County pursuant to the Support Agreement. Such budget as
approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget.
The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal
Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of
the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report. (a) If at the end of any
Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in
Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower
shall obtain a report from the Qualified Independent Consultant giving advice and making
recommendations as to the proper maintenance, repair, replacement and operation of the System
for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other
charges which should be established by the Borrower to satisfy the rate covenant in Section
5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject
to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent
Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s
recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other
procedures which the Borrower believes will bring it into compliance with the rate covenant
made by the Borrower in Section 5.1(a) when such measures have been implemented and
become fully effective. Such alternative plan shall be filed with the Authority not later than
thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a
detailed explanation of the Borrower’s reason for rejecting the Qualified Independent
Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority
reserves the right, in its sole discretion, to reject such alternate procedures and require the
Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of
its delivery to the Authority. The Cost of Funds of the Local Bond shall be computed on
disbursed principal balance thereof from the date of each disbursement at the rate of two and
twenty-five one-hundredths percent (2.25%) per annum, consisting of the following:
(i) interest of seventy-five one-hundredths percent (0.75%) per annum payable for
the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual
Administrative Fee.
generated thereby, the expenditures anticipated by the Borrower for operations, maintenance, repairs, replacements, improvements, debt service and other purposes, and specifically identifying any amounts made available by the County pursuant to the Support Agreement, Such budget as approved by the Borrower’s governing body is referred to in this Agreement as the Annual Budget. ‘The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of the Annual Budget and any amendments thereto to the Authority.
Section 5.3. Qualified Independent Consultant’s Report, (a) Ifat the end of any Fiscal Year, the Borrower is not in compliance with the rate covenant made by the Borrower in Section 5.1(a), within two hundred ten (210) days after the end of such Fiscal Year, the Borrower shall obtain a report from the Qualified Independent Consultant giving advice and making recommendations as to the proper maintenance, repair, replacement and operation of the System for the next ensuing Fiscal Year and estimating the costs thereof as to the rates, fees, and other charges which should be established by the Borrower to satisfy the rate covenant in Section 5.1(a). The Borrower shall promptly furnish a copy of such report to the Authority and, subject to Section 5.3(b), take measures to implement the recommendations of the Qualified Independent Consultant within ninety (90) days of obtaining such report.
(b) If the Borrower determines that the Qualified Independent Consultant’s recommendations are impractical or inappropriate, the Borrower may in lieu thereof adopt other procedures which the Borrower believes will bring it into compliance with the rate covenant made by the Borrower in Section 5.1(a) when such measures have been implemented and become fully effective. Such alternative plan shall be filed with the Authority not later than thirty (30) days after receipt of the Qualified Independent Consultant’s report along with a detailed explanation of the Borrower’s reason for rejecting the Qualified Independent Consultant’s recommendations. Notwithstanding anything herein to the contrary, the Authority reserves the right, in its sole discretion, to reject such alternate procedures and require the Borrower to comply with the Qualified Independent Consultant’s recommendations.
ARTICLE VI
Section 6.1, Payment of Local Bond. (a) The Local Bond shall be dated the date of its delivery to the Authority. The Cost of Funds of the Local Bond shall be computed on disbursed principal balance thereof from the date of each disbursement at the rate of two and twenty-five one-hundredths percent (2.25%) per annum, consisting of the following
(i) _ interest of seventy-five one-hundredths percent (0.75%) per annum payable for the benefit of the Fund, and
(ii) one and fifty one-hundredths percent (1.50%) per annum payable as an Annual Administrative Fee.
-13-
- 14 -
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be
due and payable on _____ 1, 20__. Commencing ___1, 20, and continuing semi-annually
thereafter on _____ 1 and _____ 1 in each year, principal and the Cost of Funds due under the
Local Bond shall be payable in equal installments of $, with a final installment of $
due and payable on ___1, 20, when, if not sooner paid, all amounts due hereunder and under
the Local Bond shall be due and payable in full. Each installment shall be applied first to
payment of the Cost of Funds accrued and unpaid to the payment date and then to principal. If
principal disbursements up to the maximum authorized amount of the Local Bond are not made,
the principal amount due on the Local Bond shall not include such undisbursed amount.
However, unless the Borrower and the Authority agree otherwise in writing, until all amounts
due hereunder and under the Local Bond shall have been paid in full, less than full disbursement
of the maximum authorized amount of the Local Bond shall not postpone the due date of any
semi-annual installment due on the Local Bond, or change the amount of such installment. If
any installment of principal of or the Cost of Funds on the Local Bond is not paid within ten (10)
days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an
amount equal to five percent (5.0%) of the overdue installment.
Section 6.2. Payment of Additional Payments. In addition to the payments of
principal of and the Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of
the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board
in connection with the enforcement of this Agreement, including the reasonable
fees and expenses of any attorneys used by any of them; and
(2) All expenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2)
above not received by the Authority within ten (10) days after demand therefor at a rate of five
percent (5.0%) per annum of the overdue installment from its due date until the date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after
giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local
Bond at any time, in whole or in part and without penalty. Such written notice shall specify the
date on which the Borrower will make such prepayment and whether the Local Bond will be
prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial
prepayment shall be applied against the principal amount outstanding under the Local Bond but
shall not postpone the due date of any subsequent payment on the Local Bond, or change the
amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
(b) The Cost of Funds only on all amounts disbursed under the Local Bond shall be due and payable on 1,20__. Commencing 1, 20__, and continuing semi-annually thereafter on Tand 1 in each year, principal and the Cost of Funds due under the Local Bond shalll be payable in equal installments of $___, with a final installment of $
due and payable on 1, 20__, when, if not sooner paid, all amounts due hereunder and under the Local Bond shall be due and payable in full. Each installment shall be applied first to payment of the Cost of Funds accrued and unpaid to the payment date and then to principal. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, the principal amount due on the Local Bond shall not include such undisbursed amount. However, unless the Borrower and the Authority agree otherwise in writing, until all amounts due hereunder and under the Local Bond shall have been paid in full, less than full disbursement of the maximum authorized amount of the Local Bond shall not postpone the due date of any semi-annual installment due on the Local Bond, or change the amount of such installment. If any installment of principal of or the Cost of Funds on the Local Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue installment.
Section 6.2. Payment of Additional Payments, In addition to the payments of principal of and the Cost of Funds on the Local Bond, the Borrower agrees to pay on demand of the Authority the following Additional Payments:
(1) The costs of the Fund, the Authority, the Department or the Board in connection with the enforcement of this Agreement, including the reasonable fees and expenses of any attorneys used by any of them; and
(2) Allexpenses, including reasonable attorneys’ fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof.
‘The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2) above not received by the Authority within ten (10) days after demand therefor at a rate of five percent (5.0%) per annum of the overdue installment from its due date until the date it is paid,
ARTICLE VIE PREPAYMENTS,
Section 7.1. Prepayment of Local Bond. Upon completion of the Project and after giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local Bond at any time, in whole or in part and without penalty. Such written notice shall specify the date on which the Borrower will make such prepayment and whether the Local Bond will be prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial prepayment shall be applied against the principal amount outstanding under the Local Bond but shall not postpone the due date of any subsequent payment on the Local Bond, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing.
-14-
- 15 -
ARTICLE VIII
OPERATION AND USE OF SYSTEM
Section 8.1. Ownership and Operation of Project and System. Except as may
otherwise be approved by the Authority or permitted by the terms hereof, the Project and the
System at all times shall be owned by the Borrower or the County and shall not be operated or
controlled by any other entity or person.
Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate
the System in a proper, sound and economical manner and in compliance with all legal
requirements, shall maintain the System in good repair and operating condition and from time to
time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from
time to time may make any additions, modifications or improvements to the System which it
deems desirable and which do not materially reduce the value of the System or the structural or
operational integrity of any part of the System, provided that all such additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions, modifi-
cations and improvements shall become part of the System.
Section 8.4. Use of System. The Borrower shall comply with all lawful requirements
of any governmental authority regarding the System, whether now existing or subsequently
enacted, whether foreseen or unforeseen or whether involving any change in governmental
policy or requiring structural, operational and other changes to the System, irrespective of the
cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records. The
Authority and the Board and their duly authorized representatives and agents shall have such
reasonable rights of access to the System as may be necessary to determine whether the
Borrower is in compliance with the requirements of this Agreement and shall have the right at all
reasonable times and upon reasonable prior notice to the Borrower to examine and copy the
books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or
install any part of the System on lands other than those which the Borrower or the County owns
or can acquire title to or a perpetual easement over, in either case sufficient for the Borrower’s
purposes, unless such part of the System is lawfully located in a public street or highway or is a
main, conduit, pipeline, main connection or facility located on land in which the Borrower has
acquired a right or interest less than a fee simple or perpetual easement and such lesser right or
interest has been approved by written opinion of counsel to the Borrower as sufficient for the
Borrower’s purposes.
Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged,
leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
ARTICLE VIII OPERATION AND USE OF SYSTEM.
Section 8.1. Ownership and Operation of Project and System, Except as may otherwise be approved by the Authority or permitted by the terms hereof, the Project and the System at all times shall be owned by the Borrower or the County and shall not be operated or controlled by any other entity or person.
Section 8.2, Maintenance. At its own cost and expense, the Borrower shall operate the System in a proper, sound and economical manner and in compliance with all legal requirements, shall maintain the System in good repair and operating condition and from time to time shall make all necessary repairs, renewals and replacements.
Section 8.3. Additions and Modifications. At its own expense, the Borrower from time to time may make any additions, modifications or improvements to the System which it deems desirable and which do not materially reduce the value of the System or the structural or operational integrity of any part of the System, provided that all such additions, modifications or improvements comply with all applicable federal, state and local laws, rules, regulations, orders, permits, authorizations and requirements. All such renewals, replacements, additions, modifi- cations and improvements shall become part of the System.
Section 8.4, Use of System. The Borrower shall comply with all lawful requirements of any governmental authority regarding the System, whether now existing or subsequently enacted, whether foreseen or unforeseen or whether involving any change in governmental policy or requiring structural, operational and other changes to the System, irrespective of the cost of making the same.
Section 8.5. Inspection of System and Borrower’s Books and Records. The Authority and the Board and their duly authorized representatives and agents shall have such reasonable rights of access to the System as may be necessary to determine whether the Borrower is in compliance with the requirements of this Agreement and shall have the right at all reasonable times and upon reasonable prior notice to the Borrower to examine and copy the books and records of the Borrower insofar as such books and records relate to the System.
Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or install any part of the System on lands other than those which the Borrower or the County owns or can acquire title to or a perpetual easement over, in either case sufficient for the Borrower’s purposes, unless such part of the System is lawfully located in a public street or highway or is a main, conduit, pipeline, main connection or facility located on land in which the Borrower has acquired a right or interest less than a fee simple or perpetual easement and such lesser right or interest has been approved by written opinion of counsel to the Borrower as sufficient for the Borrower’s purposes.
Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the
-15-
- 16 -
following subsections, or as may be otherwise consented and agreed to by the Authority in
writing:
(a) The Borrower may grant easements, licenses or permits across, over or
under parts of the System for streets, roads and utilities as will not adversely affect the use of the
System;
(b) The Borrower may sell or otherwise dispose of property constituting part
of the System if it uses the proceeds of such disposition and any other necessary funds to replace
such property with property serving the same or a similar function; and
© The Borrower may sell or otherwise dispose of property constituting part
of the System; provided, however, (i) no such property shall be sold or otherwise disposed of
unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized
Representative, stating that such property is no longer needed or useful in the operation of the
System, and, if the proceeds of such sale or disposition, together with the aggregate value of any
other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there
shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer
stating that such property is not necessary or useful to the operation of the System, and (ii) the
proceeds to be received from any sale or disposition shall be applied first to cure any default that
may exist in the payment of the principal of and Cost of Funds on the Local Bond , and then, if
such property constitutes part of the Project, to the prepayment of the Local Bond under Article
VII hereof.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect
all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on
premises served by the System for the amount of all delinquent rates, fees and other charges
where such action is permitted by law. The Borrower shall, to the full extent permitted by law,
discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the
System, and use its best efforts to cause to be shut off water service furnished otherwise than
through the System, to customers of the System who are delinquent beyond any customary grace
periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service. The Borrower shall not permit connections with or the
use of the System, or furnish any services afforded by the System, without making a charge
therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any
franchise to provide or give consent for anyone else to provide, any services which would
compete with the System.
Section 8.11. Mandatory Connection. The Borrower shall, consistent with applicable
law, require the owner, tenant or occupant of each lot or parcel of land which is served or may
reasonably be served by the System and upon which lot or parcel a building shall have been
constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
following subsections, or as may be otherwise consented and agreed to by the Authority in writing:
(a) The Borrower may grant easements, licenses or permits across, over or under parts of the System for streets, roads and utilities as will not adversely affect the use of the System;
(b) The Borrower may sell or otherwise dispose of property constituting part of the System if it uses the proceeds of such disposition and any other necessary funds to replace such property with property serving the same or a similar function; and
(©) The Borrower may sell or otherwise dispose of property constituting part of the System; provided, however, (i) no such property shall be sold or otherwise disposed of unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized Representative, stating that such property is no longer needed or useful in the operation of the System, and, if the proceeds of such sale or disposition, together with the aggregate value of any other property sold or otherwise disposed of during the Fiscal Year, shall exceed $125,000, there shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer stating that such property is not necessary or useful to the operation of the System, and (ii) the proceeds to be received from any sale or disposition shall be applied first to cure any default that may exist in the payment of the principal of and Cost of Funds on the Local Bond , and then, if such property constitutes part of the Project, to the prepayment of the Local Bond under Article VII hereof.
Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect all rates, fees and other charges due to it, including, when appropriate, by perfecting liens on premises served by the System for the amount of all delinquent rates, fees and other charges where such action is permitted by law. The Borrower shall, to the full extent permitted by law, discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the System, and use its best efforts to cause to be shut off water service furnished otherwise than through the System, to customers of the System who are delinquent beyond any customary grace periods in the payment of rates, fees and other charges due to the Borrower.
Section 8.9. No Free Service. The Borrower shall not permit connections with or the use of the System, or furnish any services afforded by the System, without making a charge therefor based on the Borrower’s uniform schedule of rates, fees and charges.
Section 8.10. No Competing Service. The Borrower shall not provide, grant any franchise to provide or give consent for anyone else to provide, any services which would compete with the System.
Section 8.11. Mandatory Connection. The Borrower shall, consistent with applicable law, require the owner, tenant or occupant of each lot or parcel of land which is served or may reasonably be served by the System and upon which lot or parcel a building shall have been constructed for residential, commercial or industrial use, to connect such building to the System;
provided, however, the Borrower may permit the continued use of private systems, meeting the
-16-
- 17 -
standards of the Board, by any such building already in existence at the time the services of the
System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due all taxes, fees,
assessments, levies and other governmental charges of any kind whatsoever (collectively, the
“Governmental Charges”) which are (i) assessed, levied or imposed against the System or the
Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the
System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to
pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects
which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues
(collectively, the “Mechanics’ Charges”). The Borrower, however, after giving the Authority ten
(10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in
good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the
Borrower may permit the same to remain unpaid during the period of the contest and any
subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the
lien on Revenues granted by this Agreement, in which event, such Governmental Charges or
Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an
appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon
request, the Borrower shall furnish to the Authority proof of payment of all Governmental
Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX
INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the
Borrower continuously shall maintain or cause to be maintained insurance against such risks as
are customarily insured against by public bodies operating systems similar in size and character
to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia); provided that during the construction of the Project, the Borrower may
provide or cause to be provided, in lieu of the insurance in the amount of the full replacement
cost of the Project, builders’ risk or similar types of insurance in the amount of the full
replacement cost thereof. The determination of replacement cost shall be made by a recognized
appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of
$2,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of use thereof, arising out of the ownership, maintenance,
operation, leasing or use of the System.
standards of the Board, by any such building already in existence at the time the services of the System become available to it upon such conditions as may be specified by the Borrower.
Section 8.12. Lawful Charges. The Borrower shall pay when due alll taxes, fees, assessments, levies and other governmental charges of any kind whatsoever (collectively, the “Governmental Charges”) which are (i) assessed, levied or imposed against the System or the Borrower’s interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues (collectively, the “Mechanics’ Charges”). The Borrower, however, after giving the Authority ten (10) days’ notice of its intention to do so, at its own expense and in its own name, may contest in good faith any Governmental Charges or Mechanics’ Charges. If such a contest occurs, the Borrower may permit the same to remain unpaid during the period of the contest and any subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the lien on Revenues granted by this Agreement, in which event, such Governmental Charges or Mechanics’ Charges promptly shall be satisfied or secured by posting with the Authority or an appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon request, the Borrower shall furnish to the Authority proof of payment of all Governmental Charges and the Mechanics’ Charges required to be paid by the Borrower under this Agreement.
ARTICLE IX INSURANCE, DAMAGE AND DESTRUCTION
Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the Borrower continuously shall maintain or cause to be maintained insurance against such risks as are customarily insured against by public bodies operating systems similar in size and character to the System, including, without limitation:
(a) Insurance in the amount of the full replacement cost of the System’s insurable portions against loss or damage by fire and lightning, with broad form extended coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normallly covered by such endorsements (limited only as may be provided in the standard form of such endorsements at the time in use in Virginia); provided that during the construction of the Project, the Borrower may provide or cause to be provided, in lieu of the insurance in the amount of the full replacement cost of the Project, builders” risk or similar types of insurance in the amount of the full replacement cost thereof, The determination of replacement cost shall be made by a recognized appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority.
(b) Comprehensive general liability insurance with a combined single limit of $2,000,000 per year against liability for bodily injury, including death resulting therefrom, and for damage to property, including loss of use thereof, arising out of the ownership, maintenance, operation, leasing or use of the System,
-1T-
- 18 -
© Unless the Borrower qualifies as a self-insurer under the laws of Virginia,
workers’ compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the
procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of
the Authority a certificate or certificates of the respective insurers evidencing the fact that the
insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be
maintained with generally recognized, responsible insurance companies selected by the
Borrower and reasonably acceptable to the Authority. Such insurance may be written with
deductible amounts comparable to those on similar policies carried by other utility systems of
like size and character to the System, and shall contain an undertaking by the insurer that such
policy shall not be modified adversely to the interests of, or canceled without at least thirty (30)
days’ prior notice to, the Authority. If any such insurance is not maintained with an insurer
licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus
Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any
successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the
Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of
(i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any
loss of the System because of failure of title, or (iv) the commencement of any proceedings or
negotiations which might result in such a taking or loss, the Borrower shall give prompt notice
thereof to the Authority describing generally the nature and extent of such damage, destruction,
taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or
damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay
in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Borrower may determine and which will not impair the
capacity or character of the System for the purpose for which it then is being used or is intended
to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of
insurance received on account of any such damage or destruction to payment of the cost of such
restoration, either on completion or as the work progresses. If such Net Proceeds are not
sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as
may be in excess of such Net Proceeds. If the Net Proceeds are derived from property
constituting part of the Project, any balance of such Net Proceeds remaining after payment of the
cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant
to Article VII.
(©) Unless the Borrower qualifies as a self-insurer under the laws of Virginia, workers” compensation insurance.
The Authority shall not have any responsibility or obligation with respect to (i) the procurement or maintenance of insurance or the amounts or the provisions with respect to policies of insurance, or (ii) the application of the proceeds of insurance.
The Borrower shall provide no less often than annually and upon the written request of the Authority a certificate or certificates of the respective insurers evidencing the fact that the insurance required by this Section is in full force and effect.
Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be maintained with generally recognized, responsible insurance companies selected by the Borrower and reasonably acceptable to the Authority. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other utility systems of like size and character to the System, and shall contain an undertaking by the insurer that such policy shall not be modified adversely to the interests of, or canceled without at least thirty (30) days” prior notice to, the Authority. If any such insurance is not maintained with an insurer licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the Authority that such insurance is enforceable under Virginia law.
Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of (i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part
of the System or any right therein under the exercise of the power of eminent domain, (iii) any loss of the System because of failure of title, or (iv) the commencement of any proceedings or negotiations which might result in such a taking or loss, the Borrower shall give prompt notice thereof to the Authority describing generally the nature and extent of such damage, destruction, taking, loss, proceedings or negotiations.
Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property damaged or destroyed to substantially the same condition as before such damage or destruction, with such alterations and additions as the Borrower may determine and which will not impair the capacity or character of the System for the purpose for which it then is being used or is intended to be used, The Borrower may apply so much as may be necessary of the Net Proceeds of insurance received on account of any such damage or destruction to payment of the cost of such restoration, either on completion or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are derived from property constituting part of the Project, any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant to Article VII.
-18-
- 19 -
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the System shall be taken under the exercise of the power of eminent domain or lost
because of failure of title, and the Borrower shall not have exercised its option to prepay in full
the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such
condemnation award or from title insurance to be applied to the restoration of the System to
substantially its condition before the exercise of such power of eminent domain or failure of title.
If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower
shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are
derived from property constituting part of the Project, any balance of such Net Proceeds
remaining after payment of the cost of such restoration shall promptly be applied to the
prepayment of the Local Bond pursuant to Article VII.
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence. The Borrower shall maintain its existence as
a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without
consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or
substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding
the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer
all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia,
and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and
the Board, all of the obligations of the Borrower contained in the Local Bond and this
Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel
acceptable to the Authority and the Board subject to customary exceptions and qualifications, to
the effect that such assumption constitutes the legal, valid and binding obligation of the
surviving, resulting or transferee political subdivision enforceable against it in accordance with
its terms.
Section 10.2. Financial Records and Statements. The Borrower shall maintain proper
books of record and account in which proper entries shall be made in accordance with generally
accepted government accounting standards, consistently applied, of all its business and affairs
related to the System. The Borrower shall have an annual audit of the financial condition of the
Borrower (and at the reasonable request of the Authority, of the System) made by an independent
certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal
Year. The annual audit shall include a supplemental schedule demonstrating whether the
Borrower during such Fiscal Year satisfied the rate covenant made by the Borrower in Section
5.1(a). In accordance with the provisions of the Single Audit Act of 1984, 31 U.S.C. §§ 7501 et
seq., as amended, and the regulations promulgated thereunder, including Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards located at Title 2 of the
Code of Federal Regulations Part 200 Subpart F, the Borrower agrees to obtain an annual audit
from an independent auditor if the Borrower expends $750,000 or more in federal funds in any
fiscal year. The Borrower shall furnish to the Authority copies of such report immediately after
it is accepted by the Borrower. Such report shall include statements in reasonable detail,
certified by such accountant, reflecting the Borrower’s financial position as of the end of such
Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or any part of the System shall be taken under the exercise of the power of eminent domain or lost because of failure of title, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall cause the Net Proceeds from any such condemnation award or from title insurance to be applied to the restoration of the System to substantially its condition before the exercise of such power of eminent domain or failure of title. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as may be in excess of such Net Proceeds. If the Net Proceeds are derived from property constituting part of the Project, any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant to Article VII.
ARTICLE X SPECIAL COVENANTS
Section 10.1. Maintenance of Existence, The Borrower shall maintain its existence as a “local government” (as defined in the Act) of the Commonwealth of Virginia and, without consent of the Authority and the Board, shall not dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding the foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia, and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and the Board, all of the obligations of the Borrower contained in the Local Bond and this, Agreement, and there is furnished to the Authority and the Board an Opinion of Counsel acceptable to the Authority and the Board subject to customary exceptions and qualifications, to the effect that such assumption constitutes the legal, valid and binding obligation of the surviving, resulting or transferee political subdivision enforceable against it in accordance with its terms.
Section 10.2. Financial Records and Statements. The Borrower shall maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted government accounting standards, consistently applied, of all its business and affairs related to the System. The Borrower shall have an annual audit of the financial condition of the Borrower (and at the reasonable request of the Authority, of the System) made by an independent certified public accountant, within one hundred and eighty (180) days after the end of each Fiscal Year. The annual audit shall include a supplemental schedule demonstrating whether the Borrower during such Fiscal Year satisfied the rate covenant made by the Borrower in Section 5.1(a). In accordance with the provisions of the Single Audit Act of 1984, 31 U.S.C. §§ 7501 et seq., as amended, and the regulations promulgated thereunder, including Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards located at Title 2 of the Code of Federal Regulations Part 200 Subpart F, the Borrower agrees to obtain an annual audit from an independent auditor if the Borrower expends $750,000 or more in federal funds in any fiscal year. The Borrower shall furnish to the Authority copies of such report immediately after it is accepted by the Borrower. Such report shall include statements in reasonable detail, certified by such accountant, reflecting the Borrower’s financial position as of the end of such
-19-
- 20 -
Fiscal Year and the results of the Borrower’s operations and changes in the financial position of
its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default. The Borrower shall deliver to the
Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a
certificate signed by an Authorized Representative stating that, during such year and as of the
date of such certificate, no event or condition has happened or existed, or is happening or
existing, which constitutes an Event of Default or a Default, or if such an event or condition has
happened or existed, or is happening or existing, specifying the nature and period of such event
or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness
or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge
of Revenues, except Subordinate Bonds or Parity Bonds.
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the
Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on
parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to
complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements,
equipment or betterments and of any property, rights or easements deemed by the Borrower to be
necessary, useful or convenient for the System, (iii) refund some or all of the Local Bond, Parity
Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii);
provided in each case the following conditions are satisfied. Notwithstanding anything contained
herein to the contrary, the issuance of any such Parity Bonds must not conflict with any of the
terms, conditions or restrictions applicable to the obligations of the County which are payable
from or secured by the Revenues, as set forth in Exhibit F attached hereto. Further, except to the
extent otherwise consented and agreed to by the Authority in writing, before any Parity Bonds are
issued or delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower
authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the
purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will
apply the proceeds from the issuance and sale of the Parity Bonds.
© If the Parity Bonds are authorized for any purpose other than the refunding
of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance
satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection
(iv)© below, a certificate, including supporting documentation, of the Qualified Independent
Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent
Consultant, as applicable, (i) the improvements or property to which the proceeds from the
issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds
available to the Borrower from the issuance of the Parity Bonds and other specified sources will
be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time
which will be required to complete such improvements or acquire such property, and (iv) (A) the
Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
Fiscal Year and the results of the Borrower’s operations and changes in the financial position of its funds for the Fiscal Year.
Section 10.3. Certificate as to No Default. The Borrower shall deliver to the Authority, within one hundred and eighty (180) days after the close of each Fiscal Year, a certificate signed by an Authorized Representative stating that, during such year and as of the date of such certificate, no event or condition has happened or existed, or is happening or existing, which constitutes an Event of Default or a Default, or if such an event or condition has happened or existed, or is happening or existing, specifying the nature and period of such event or condition and what action the Borrower has taken, is taking or proposes to take to rectify it.
Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness or issue any bonds, notes or other evidences of indebtedness secured by or payable from a pledge of Revenues, except Subordinate Bonds or Parity Bonds,
Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the Borrower may issue bonds, notes or other evidences of indebtedness (“Parity Bonds”) ranking on parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements, equipment or betterments and of any property, rights or easements deemed by the Borrower to be necessary, usefull or convenient for the System, (iii) refund some or all of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of (i), (ii) and (iii); provided in each case the following conditions are satisfied. Notwithstanding anything contained herein to the contrary, the issuance of any such Parity Bonds must not conflict with any of the terms, conditions or restrictions applicable to the obligations of the County which are payable from or secured by the Revenues, as set forth in Exhibit F attached hereto. Further, except to the extent otherwise consented and agreed to by the Authority in writing, before any Parity Bonds are issued or delivered, the Borrower shall deliver to the Authority the following:
(a) Certified copies of all resolutions and ordinances of the Borrower authorizing the issuance of the Parity Bonds.
(b) A certificate of an appropriate official of the Borrower setting forth the purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will apply the proceeds from the issuance and sale of the Parity Bonds.
(©) __ Ifthe Parity Bonds are authorized for any purpose other than the refunding of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, in form and substance satisfactory to the Authority, a certificate of the Consulting Engineer, or with respect to subsection (iv(©) below, a certificate, including supporting documentation, of the Qualified Independent Consultant, to the effect that in the opinion of the Consulting Engineer or Qualified Independent Consultant, as applicable, (i) the improvements or property to which the proceeds from the issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds available to the Borrower from the issuance of the Parity Bonds and other specified sources will be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time which will be required to complete such improvements or acquire such property, and (iv) (A) the Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such
-20-
- 21 -
improvements or acquire or construct such property will result in an interruption or reduction of
Revenues, or © during the first two complete Fiscal Years following completion of the
improvements or the acquisition of the property financed with the proceeds of the Parity Bonds,
the projected Net Revenues Available for Debt Service (excluding any amounts made available
by the County pursuant to the Support Agreement) will equal at least 115% of the amount
required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this
Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other
indebtedness of the Borrower secured by or payable from by Revenues. In providing this
certificate, as applicable, the Qualified Independent Consultant may take into consideration
future System rate increases, provided that such rate increases have been duly approved by the
governing body of the Borrower and any other person and entity required to give approval for the
rate increase to become effective. In addition, the Qualified Independent Consultant may take
into consideration additional future revenues of the System to be derived under then existing
contractual agreements entered into by the Borrower and from reasonable estimates of growth in
the customer base of the Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bond (with the
consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a
certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory
to the Authority that the refunding Parity Bonds will have annual debt service requirements in each
of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded
would have been outstanding which are lower than the annual debt service requirements in each
such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be
refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent
Consultant to the effect that during the first two complete Fiscal Years following the issuance of the
refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any
amounts made available by the County pursuant to the Support Agreement) will equal at least
115% of the amount required during each such Fiscal Year to pay any and all amounts due under
the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds,
and all other indebtedness of the Borrower secured by or payable from Revenues. In providing
the certificate described in clause (ii), the Qualified Independent Consultant may take into account
the factors described in the last two sentences of subsection © of this Section.
(e) An Opinion of Counsel satisfactory to the Authority subject to customary
exceptions and qualifications, approving the form of the resolution authorizing the issuance of the
Parity Bonds and stating that its terms and provisions conform with the requirements of this
Agreement and that the certificates and documents delivered to the Authority constitute compliance
with the provisions of this Section.
Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted
by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights, Revenues and other
funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend,
preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
improvements or acquire or construct such property will result in an interruption or reduction of Revenues, or © during the first two complete Fiscal Years following completion of the improvements or the acquisition of the property financed with the proceeds of the Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any amounts made available by the County pursuant to the Support Agreement) will equal at least 115% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other indebtedness of the Borrower secured by or payable from by Revenues. In providing this certificate, as applicable, the Qualified Independent Consultant may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person and entity required to give approval for the rate increase to become effective. In addition, the Qualified Independent Consultant may take into consideration additional future revenues of the System to be derived under then existing contractual agreements entered into by the Borrower and from reasonable estimates of growth in the customer base of the Borrower.
(d) If the Parity Bonds are authorized solely to refund the Local Bond (with the consent of the Authority), Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a certificate, including supporting documentation, of a Qualified Independent Consultant satisfactory to the Authority that the refunding Parity Bonds will have annual debt service requirements in each of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded would have been outstanding which are lower than the annual debt service requirements in each such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be refunded, or (ii) a certificate, including supporting documentation, of the Qualified Independent Consultant to the effect that during the first two complete Fiscal Years following the issuance of the refunding Parity Bonds, the projected Net Revenues Available for Debt Service (excluding any amounts made available by the County pursuant to the Support Agreement) will equal at least 115% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bond, this Agreement, the Parity Bonds, any Existing Parity Bonds or Prior Bonds, and all other indebtedness of the Borrower secured by or payable from Revenues. In providing the certificate described in clause (ii), the Qualified Independent Consultant may take into account the factors described in the last two sentences of subsection © of this Section.
(€) _ An Opinion of Counsel satisfactory to the Authority subject to customary exceptions and qualifications, approving the form of the resolution authorizing the issuance of the Parity Bonds and stating that its terms and provisions conform with the requirements of this, Agreement and that the certificates and documents delivered to the Authority constitute compliance with the provisions of this Section.
Section 10.6. Further Assurances, The Borrower shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights, Revenues and other funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend, preserve and protect the pledge of the Revenues and other funds pledged under this Agreement
-21-
- 22 -
and all rights of the Authority and the Board under this Agreement against all claims and
demands of all persons.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts
required by any other bonded indebtedness and to perform all of its obligations in connection
therewith.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Authority and the Board. If the
Borrower desires to assign its rights under this Agreement to another “local government” (as
defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If
the Authority and the Board consent to the proposed assignment, the Borrower may proceed with
the proposed assignment, but such assignment shall not become effective until the Authority and
the Board are furnished (i) an assumption agreement in form and substance satisfactory to the
Authority and the Board by which the assignee agrees to assume all of the Borrower’s
obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the
assignee, subject to customary exceptions and qualifications, that the assumption agreement, the
Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee
enforceable against the assignee in accordance with their terms and that the assignment and
assumption comply in all respects with the provisions of this Agreement. Notwithstanding the
foregoing, the assignment of the rights of the Borrower under the Local Bond and this
Agreement or the assumption of the obligations thereunder by the assignee shall in no way be
construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act. The Borrower agrees to comply with the Davis-Bacon
Act and related acts, as amended, with respect to the Project and require that all laborers and
mechanics employed by contractors and subcontractors for the Project shall be paid wages at
rates not less than those prevailing on projects of a similar character, as determined by the United
States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act
and related acts, as amended.
Section 10.10. Operating Agreement. The Borrower shall give prompt notice to the
Authority of any renewal, extension, amendment, default or termination of the Operating
Agreement. The Borrower shall enforce the terms of such agreement and use its best efforts to
ensure that such agreement remains in full force and effect during the term of this Agreement.
Section 10.11. American Iron and Steel. The Borrower agrees to comply with all
federal requirements, including those imposed by the Consolidated Appropriations Act, 2014,
P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended
and supplemented and in effect from time to time, with respect to the Project. Such requirements
include, among other things, that all iron and steel products used for the Project are to be
produced in the United States. The term “iron and steel products” is defined to mean the
following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole
covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete and construction materials.
and all rights of the Authority and the Board under this Agreement against all claims and demands of all persons.
Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts required by any other bonded indebtedness and to perform all of its obligations in connection therewith.
Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under this Agreement without the prior written consent of the Authority and the Board. If the Borrower desires to assign its rights under this Agreement to another “local government” (as defined in the Act), the Borrower shall give notice of such fact to the Authority and the Board. If the Authority and the Board consent to the proposed assignment, the Borrower may proceed with the proposed assignment, but such assignment shall not become effective until the Authority and the Board are furnished (i) an assumption agreement in form and substance satisfactory to the Authority and the Board by which the assignee agrees to assume all of the Borrower’s obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement, the Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee enforceable against the assignee in accordance with their terms and that the assignment and assumption comply in all respects with the provisions of this Agreement. Notwithstanding the foregoing, the assignment of the rights of the Borrower under the Local Bond and this ‘Agreement or the assumption of the obligations thereunder by the assignee shall in no way be construed as releasing the Borrower’s obligations.
Section 10.9. Davis-Bacon Act. The Borrower agrees to comply with the Davis-Bacon Act and related acts, as amended, with respect to the Project and require that all laborers and mechanics employed by contractors and subcontractors for the Project shall be paid wages at rates not less than those prevailing on projects of a similar character, as determined by the United States Secretary of Labor in accordance with Section 1450(e) of the Safe Drinking Water Act and related acts, as amended.
Section 10.10, Operating Agreement, The Borrower shall give prompt notice to the Authority of any renewal, extension, amendment, default or termination of the Operating ‘Agreement. The Borrower shall enforce the terms of such agreement and use its best efforts to ensure that such agreement remains in full force and effect during the term of this Agreement,
Section 10.11. American Iron and Steel. The Borrower agrees to comply with all federal requirements, including those imposed by the Consolidated Appropriations Act, 2014, P.L. 113-76, and related Drinking Water State Revolving Fund Policy Guidelines, as amended and supplemented and in effect from time to time, with respect to the Project. Such requirements include, among other things, that all iron and steel products used for the Project are to be produced in the United States. The term “iron and steel products” is defined to mean the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete and construction materials.
-2-
- 23 -
Section 10.12. Recordkeeping and Reporting. The Borrower agrees to comply with all
recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as
amended, including any reports required by a federal agency or the Authority, such as
performance indicators of program deliverables, information on costs and progress with respect
to the Project. The Borrower acknowledges that each contract and subcontract related to the
Project is subject to audit by appropriate federal and state entities.
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds
due hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond or this Agreement and the continuation of such
failure for a period of thirty (30) days after the Authority gives the Borrower written notice
specifying such failure and requesting that it be cured, unless the Authority shall agree in writing
to an extension of such time prior to its expiration; provided, however, if the failure stated in the
notice is correctable but cannot be corrected within the applicable period, the Authority will not
unreasonably withhold its consent to an extension of such time if corrective action is instituted
by the Borrower within the applicable period and diligently pursued until the Default is
corrected;
© Any warranty, representation or other statement by or on behalf of
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;
(d) The early termination of the Funding Agreement pursuant to Sections 5.3(b)
and © thereof;
(e) The occurrence of a default by the Borrower under the terms of any
Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(f) An order or decree shall be entered, with the Borrower’s consent or
acquiescence, appointing a receiver or receivers of the System or any part thereof or of the
Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent
or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after
the entry thereof;
Section 10.12. Recordkeeping and Reporting. The Borrower agrees to comply with all recordkeeping and reporting requirements under the Safe Drinking Water Act and related acts, as amended, including any reports required by a federal agency or the Authority, such as performance indicators of program deliverables, information on costs and progress with respect to the Project. The Borrower acknowledges that each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities.
ARTICLE XI DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of Default”:
(a) The failure to pay when due any payment of principal or Cost of Funds due hereunder or to make any other payment required to be made under the Local Bond or this Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants, agreements or conditions of the Local Bond or this Agreement and the continuation of such failure for a period of thirty (30) days after the Authority gives the Borrower written notice specifying such failure and requesting that it be cured, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice is correctable but cannot be corrected within the applicable period, the Authority will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Default is corrected;
(©) _ Any warranty, representation or other statement by or on behalf of Borrower contained in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement or in connection with the issuance and sale of the Local Bond is false or misleading in any material respect;
(4) The early termination of the Funding Agreement pursuant to Sections 5.3(b) and © thereof;
© The occurrence of a default by the Borrower under the terms of any Subordinate Bonds, Parity Bonds, Existing Parity Bonds or Prior Bonds and the failure to cure such default or obtain a waiver thereof within any period of time permitted thereunder;
(8) Anorder or decree shall be entered, with the Borrower’s consent or acquiescence, appointing a receiver or receivers of the System or any part thereof or of the Revenues thereof, or if such order or decree, having been entered without the Borrower’s consent or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after the entry thereof;
-23-
- 24 -
(g) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
payable from or secured by Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt
written notice if any order, decree or proceeding referred to in Section 11.1(f), (g) or (h) is
entered or instituted against the Borrower or of the occurrence of any other event or condition
which constitutes a Default or an Event of Default immediately upon becoming aware of the
existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other
remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act,
have the right, at its option without any further demand or notice, to take one or both of the
following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement or to enforce any other of the Fund’s, the Authority’s or the Board’s rights
under this Agreement or to enforce performance by the Borrower of its covenants, agreements or
undertakings contained herein or in the Local Bond.
Section 11.4. Delay and Waiver. No delay or omission 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 or 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 under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may
take any and all actions available to it under the laws of the Commonwealth of Virginia,
including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and
Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid
when the same shall become due and payable.
(g) Any proceeding shall be instituted, with the Borrower’s consent or acquiescence, for the purpose of effecting a composition between the Borrower and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from or secured by Revenues; or
(h) Any bankruptcy, insolvency or other similar proceeding shall be instituted by or against the Borrower under any federal or state bankruptcy or insolvency law now or hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60) days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt written notice if any order, decree or proceeding referred to in Section 11.1(£), (g) or (h) is entered or instituted against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default immediately upon becoming aware of the existence thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other remedies provided herein or by law, including rights specified in Section 62.1-237 of the Act, have the right, at its option without any further demand or notice, to take one or both of the following remedial steps:
(a) Declare immediately due and payable all payments due or to become due ‘on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or desirable to collect the payments then due and thereafter to become due on the Local Bond and under this Agreement or to enforce any other of the Fund’s, the Authority’s or the Board’s rights under this Agreement or to enforce performance by the Borrower of its covenants, agreements or undertakings contained herein or in the Local Bond.
Section 11.4. Delay and Waiver. No delay or omission to exercise any right or power aceruing 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 or 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 under this Agreement shall extend to or shall affect any subsequent Default or Event of Default or shall impair any rights or remedies consequent thereto,
Section 11.5. State Aid Intercept. The Borrower acknowledges that the Authority may take any and all actions available to it under the laws of the Commonwealth of Virginia, including Section 62.1-216.1 of the Virginia Code, to secure payment of the principal of and Cost of Funds on the Local Bond, if payment of such principal or Cost of Funds shall not be paid when the same shall become due and payable.
-04-
- 25 -
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 12.2. Amendments. The Authority and the Borrower, with the written consent
of the Department, shall have the right to amend from time to time any of the terms and
conditions of this Agreement, provided that all amendments shall be in writing and shall be
signed by or on behalf of the Authority and the Borrower; provided, however, that the written
consent of the Department shall not be required for the Authority and the Borrower to amend
Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the
Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general
obligations, but are limited obligations payable solely from the Revenues which are specifically
pledged for such purpose. Neither the Local Bond nor this Agreement shall be deemed to create
or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not
be obligated to pay the principal of or the Cost of Funds on the Local Bond or other costs
incident thereto except from the Revenues and other funds pledged therefor. In the absence of
fraud, no present or future director, official, officer, employee or agent of the Borrower shall be
liable personally in respect of this Agreement or the Local Bond or for any other action taken by
such individual pursuant to or in connection with the financing provided for in this Agreement or
the Local Bond.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable
laws of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Authority
and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
ARTICLE XII MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns
Section 12.2. Amendments. The Authority and the Borrower, with the written consent of the Department, shall have the right to amend from time to time any of the terms and conditions of this Agreement, provided that all amendments shall be in writing and shall be signed by or on behalf of the Authority and the Borrower; provided, however, that the written consent of the Department shall not be required for the Authority and the Borrower to amend Articles I, V, IX and XI or Sections 10.4 and 10.5 of this Agreement.
Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the Local Bond or this Agreement to the contrary, the Borrower’s obligations are not its general obligations, but are limited obligations payable solely from the Revenues which are specifically pledged for such purpose. Neither the Local Bond nor this Agreement shall be deemed to create or constitute a debt or a pledge of the faith and credit of the Borrower and the Borrower shall not be obligated to pay the principal of or the Cost of Funds on the Local Bond or other costs incident thereto except from the Revenues and other funds pledged therefor. In the absence of fraud, no present or future director, official, officer, employee or agent of the Borrower shall be liable personally in respect of this Agreement or the Local Bond or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement or the Local Bond.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable laws of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or Section shall not affect the remainder of this Agreement which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. If any agreement or obligation contained in this Agreement is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Authority and the Borrower, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices, approvals, consents, requests, opinions and other communications under the Local Bond or this Agreement shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed as follows:
-25-
- 26 -
Fund: Virginia Water Supply Revolving Fund
c/o Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Authority: Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority
P. O. Box 3219
Lebanon, VA 24266
Attention: Executive Director
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section shall also be given to each of the other
parties named. The Authority, the Board and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Authority without
prior notice to or demand upon the Borrower and without waiving or releasing any obligation or
default, may (but shall be under no obligation to) make such payment or perform such act. All
amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by
the Borrower as an additional obligation under this Agreement, together with interest thereon at
the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under
this Section shall survive the payment of the Local Bond.
Section 12.8. Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower’s obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.
Fund: Virginia Water Supply Revolving Fund clo Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, VA 23219 Attention: Executive Director
Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, VA 23219
Attention: Executive Director
Board: Virginia Department of Health 109 Governor Street, Richmond, VA 23219 Attention: State Health Commissioner
Borrower: The Russell County Public Service Authority P.O. Box 3219 Lebanon, VA 24266 Attention: Executive Director
‘A duplicate copy of each demand, notice, approval, consent, request, opinion or other ‘communication given by any party named in this Section shall also be given to each of the other parties named. The Authority, the Board and the Borrower may designate, by notice given hereunder, any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shalll be sent or persons to whose attention the same shall be directed.
Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or to perform any act required by it under the Local Bond or this Agreement, the Authority without prior notice to or demand upon the Borrower and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by the Authority and all costs, fees and expenses so incurred shalll be payable by the Borrower as an additional obligation under this Agreement, together with interest thereon at the rate of interest of five percent (5.0%) per annum until paid. The Borrower’s obligation under this Section shall survive the payment of the Local Bond.
Section 12.8. Headings. The headings of the several articles and sections of this Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its execution and delivery, provided that the Local Bond previously or simultaneously shall have been executed and delivered. Except as otherwise specified, the Borrower’s obligations under the Local Bond and this Agreement shalll expire upon payment in full of the Local Bond and all other amounts payable by the Borrower under this Agreement.
-26-
- 27 -
Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this
Agreement and shall survive closing hereunder.
Section 12.11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Signature Page Follows]
Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this Agreement and shall survive closing hereunder.
Section 12.11. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
-27-
- 28 -
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: __________________________________________
Its: __________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: __________________________________________
Its: __________________________________________
ACKNOWLEDGED, CONSENTED AND AGREED TO:
COUNTY OF RUSSELL, VIRGINIA
By: ____________________________________
Its: ____________________________________
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
By:
Its:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
Its:
ACKNOWLEDGED, CONSENTED AND AGREED TO: COUNTY OF RUSSELL, VIRGINIA
By:
Its:
-28-
EXHIBIT A
FORM OF LOCAL BOND
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT A
FORM OF LOCAL BON! THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT B
PROJECT DESCRIPTION
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
The Project involves the extension of waterlines and water service to the Thompson
Creek and Tunnel Road areas, together with related expenses.
EXHIBIT B
PROJECT DESCRIPTIO! THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
The Project involves the extension of waterlines and water service to the Thompson Creek and Tunnel Road areas, together with related expenses.
EXHIBIT C
PROJECT BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
[To Come]
EXHIBIT C
PROJECT BUDGET THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
[To Come]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
[To Come from Borrower’s Bond Counsel]
EXHIBIT E
REQUISITION FOR DISBURSEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
[LETTERHEAD OF BORROWER]
[Date]
Steven D. Pellei, P.E., Director
Office of Drinking Water, 6th Floor
Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund
The Russell County Public Service Authority
Loan No. WSL-020-15E
Dear Mr. Pellei:
This requisition, Number ___, is submitted in connection with the Financing Agreement and
Funding Agreement, each dated as of ___1, 20 (collectively, the “Agreements”) between the
Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the
“Fund”), and The Russell County Public Service Authority (the “Borrower”). Unless otherwise
defined in this requisition, all capitalized terms used herein shall have the meaning set forth in
Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby
requests disbursement of loan proceeds under the Agreements in the amount of $_____, for the
purposes of payment of the Project Costs as set forth on Schedule 1 attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
The undersigned certifies that (a) the amounts requested by this requisition will be applied
solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of
Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not
subject to any lien or security interest or such lien or security interest will be released upon payment
of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate
oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of
payrolls and associated certifications, (b) the conducting of employee interviews, and © the posting
of all wage determinations and additional classifications (as appropriate) on the work site, and
through this oversight, the Borrower has determined to the best of its ability that the Project
complies with the requirements of the Davis-Bacon Act and related acts. The Borrower further
EXHIBIT E
REQUISITION FOR DISBURSEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
[LETTERHEAD OF BORROWER] [Date]
Steven D. Pellei, P.E., Director Office of Drinking Water, 6th Floor Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Re: Virginia Water Supply Revolving Fund The Russell County Public Service Authority Loan No. WSL-020-15E
Dear Mr. Pellei
This requisition, Number , is submitted in connection with the Financing Agreement and Funding Agreement, each dated as of 1, 20 (collectively, the “Agreements”) between the Virginia Resources Authority, as Administrator of the Virginia Water Supply Revolving Fund (the “Fund”), and The Russell County Public Service Authority (the “Borrower”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Agreements. The undersigned Authorized Representative of the Borrower hereby requests disbursement of loan proceeds under the Agreements in the amount of $, for the purposes of payment of the Project Costs as set forth on Schedule | attached hereto.
Attached hereto are invoices relating to the items for which payment is requested.
‘The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the payment, or the reimbursement of the Borrower for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. In addition, the undersigned certifies that the Borrower has conducted adequate oversight for compliance with the Davis-Bacon Act and related acts through (a) the review of payrolls and associated certifications, (b) the conducting of employee interviews, and © the posting of all wage determinations and additional classifications (as appropriate) on the work site, and through this oversight, the Borrower has determined to the best of its ability that the Project complies with the requirements of the Davis-Bacon Act and related acts. The Borrower further
certifies that all products included in this request satisfy the appropriate provisions of the American
Iron and Steel requirements included in the Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is
continuing, and no condition exists which, with the passing of time or with the giving of notice or
both, would constitute an Event of Default hereunder, and (b) the representations and warranties of
the Borrower contained in the Agreements are true, correct and complete and the Borrower has
performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the
performance of the work.
Sincerely,
(Authorized Representative of the Borrower)
Attachments
cc: VDH Project Engineer (with all attachments)
certifies that all products included in this request satisfy the appropriate provisions of the American Iron and Steel requirements included in the Agreements.
The undersigned further certifies that (a) no Event of Default or Default has occurred and is continuing, and no condition exists which, with the passing of time or with the giving of notice or both, would constitute an Event of Default hereunder, and (b) the representations and warranties of the Borrower contained in the Agreements are true, correct and complete and the Borrower has performed all of its obligations thereunder required to be performed as of the date hereof.
This requisition includes an accompanying Certificate of the Consulting Engineer as to the performance of the work
Sincerely,
(Authorized Representative of the Borrower)
Attachments ce: VDH Project Engineer (with all attachments)
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-020-15E
This Certificate is submitted in connection with Requisition Number ____, dated
_______, 20, submitted by The Russell County Public Service Authority. Capitalization
terms used herein shall have the same meanings set forth in Article I of the Agreements referred
to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the
amounts covered by this Requisition include payments for labor or to contractors, builders or
materialmen, such work was actually performed or such materials, supplies or equipment were
actually furnished to or installed in the Project.
SEAL
______________________________
[Consulting Engineer]
Date: ________________________
CERTIFICATE OF THE CONSULTING ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
Loan No. WSL-020-15E
This Certificate is submitted in connection with Requisition Number ___, dated
. 20__, submitted by The Russell County Public Service Authority. Capitalization terms used herein shall have the same meanings set forth in Article I of the Agreements referred to in the Requisition.
The undersigned Consulting Engineer for the Borrower hereby certifies that insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, supplies or equipment were actually furnished to or installed in the Project.
SEAL
[Consulting Engineer]
Date:
SCHEDULE 1
VIRGINIA WATER SUPPLY REVOLVING FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # ________
BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-020-15E
CERTIFYING SIGNATURE: ______________________________
TITLE: ______________________________________
Cost Category
Amount
Budgeted
Previous
Disbursements
Expenditures
This
Period
Total
Expenditures
to Date
Net Balance
Remaining
TOTALS:
Total Loan Amount $_________________
Previous Disbursements $_________________
This Request $_________________
Loan Proceeds Remaining $________________
SCHEDULE 1 VIRGINIA WATER SUPPLY REVOLVING FUND FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # BORROWER: THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
LOAN NUMBER: WSL-020-15E
CERTIFYING SIGNATURE: TITLE:
TOTALS:
Total Loan Amount Previous Disbursements $ This Request $
Loan Proceeds Remaining §
EXHIBIT F
PRIOR BONDS, EXISTING PARITY BONDS AND SPRINGING PARITY BONDS
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
Prior Bonds:
None
Existing Parity Bonds:*
$672,000 Russell County Series 1988 Water Revenue Bond (Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (Dante Project) (to the extent secured
by water revenues)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (Lynn Springs Project)
$935,690 Russell County Revenue Bond Series 2001A (Big A Mountain Project)
$344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project)
$99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green
Valley Project)
$325,227 The Russell County Public Service Authority Water Revenue Bond, Series
2010-A (Back Valley – Big A Mountain Interconnection Project)
$1,059,765 The Russell County Public Service Authority Water Revenue Bond,
Series 2011-A (Green Valley West Water Line Extension Project)
$103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B
(Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project)
$700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A
(New Garden/Finney Water Line Extension Project)
$3,537,000 Water Revenue Refunding Bond, Series 2014
$93,071 The Russell County Public Service Authority Water Revenue Bond, Series 2015
(Mountain Meadows Line Extension)
$294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project
EXHIBIT F
PRIOR BONDS, EXISTING PARITY BONDS AND SPRINGING PARITY BONDS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
Bonds:
‘None
Existing Parity Bon $672,000 Russell County Series 1988 Water Revenue Bond (Sword’s Creek Project)
$900,000 Russell County Sewer Revenue Bond, Series 1996 (Dante Project) (to the extent secured by water revenues)
$119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (Lynn Springs Project) $935,690 Russell County Revenue Bond Series 2001A (Big A Mountain Project) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project)
$99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green Valley Project)
$325,227 The Russell County Public Service Authority Water Revenue Bond, Series 2010-A (Back Valley ~ Big A Mountain Interconnection Project)
$1,059,765 The Russell County Public Service Authority Water Revenue Bond, Series 2011-A (Green Valley West Water Line Extension Project)
$103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project)
$700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A (New Garden/Finney Water Line Extension Project)
$3,537,000 Water Revenue Refunding Bond, Series 2014
$93,071 The Russell County Public Service Authority Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension)
$294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project
WSL-021-15)
$445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project
WSL-023-15E)
[$_____ Water Revenue Bond, Series 2017 (Fincastle Estates Waterline Extension Project
(WSL-022-15E))]
Springing Parity Bonds:*
$1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project)
$822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority)
(Clark’s Valley Project) Series 2002A
$556,538 Russell County Revenue Bond Series 2005A (Drill Mountain Project)
$91,439 Russell County Revenue Bond Series 2005B (Clark’s Valley – South
Extension Water Project)
$1,906,717 Russell County Revenue Bond Series 2005E (Belfast - Rosedale Project)
$415,518 Russell County Revenue Bond Series 2006A (Miller Creek / Frank’s Hollow /
Honeysuckle Lane Project)
$197,179 Russell County Revenue Bond Series 2007A (Belfast – Highlands and
Yates Project)
$1,534,941 The Russell County Public Service Authority Revenue Bond Series
2008A (Big A Mountain Phase II Project)
- The Existing Parity Bonds and Springing Parity Bonds, which have been issued by the County, are
secured, in part, by a pledge of the Revenues received by the Borrower from the System pursuant to the
Operating Agreement.
WSL-021-15)
$445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project WSL-023-15E)
[S____ Water Revenue Bond, Series 2017 (Fincastle Estates Waterline Extension Project (WSL-022-15E))]
Springing Parity Bonds:* $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project)
$822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority) (Clark’s Valley Project) Series 20024.
$556,538 Russell County Revenue Bond Series 2005A (Drill Mountain Project)
$91,439 Russell County Revenue Bond Series 2005B (Clark’s Valley — South Extension Water Project)
$1,906,717 Russell County Revenue Bond Series 2005E (Belfast - Rosedale Project)
$415,518 Russell County Revenue Bond Series 2006A (Miller Creek / Frank’s Hollow / Honeysuckle Lane Project)
$197,179 Russell County Revenue Bond Series 2007A (Belfast — Highlands and ‘Yates Project)
$1,534,941 The Russell County Public Service Authority Revenue Bond Series 2008A (Big A Mountain Phase II Project)
- The Existing Parity Bonds and Springing Parity Bonds, which have been issued by the County, are secured, in part, by a pledge of the Revenues received by the Borrower from the System pursuant to the Operating Agreement.
EXHIBIT G
SUPPORT AGREEMENT
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
THIS SUPPORT AGREEMENT is made as of the first day of _____, 2017, by and
among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the
“Board”), acting as the governing body of the County of Russell, Virginia (the “County”), THE
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”), and the
VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the
VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as
hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the
“Financing Agreement”), between the Authority and the Borrower, and acknowledged,
consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
water system revenue bond in an original aggregate principal amount not to exceed $_____ (the
“Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to
finance the Project; and
WHEREAS, the Board adopted on ________, 20 a resolution authorizing, among
other things, the execution of an agreement providing for a non-binding obligation of the Board
to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:
- Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.
- The Borrower shall use its best efforts to issue the Local Bond, to use the
proceeds thereof to pay the costs of the Project, and to construct and place the Project in
operation at the earliest practical date.
EXHIBIT G
SUPPORT AGREEMENT THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
THIS SUPPORT AGREEMENT is made as of the first day of 2017, by and among the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “Board”, acting as the governing body of the County of Russell, Virginia (the “County”), THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY (the “Borrower”, and the VIRGINIA RESOURCES AUTHORITY (the “Authority”), as Administrator of the VIRGINIA WATER SUPPLY REVOLVING FUND and as purchaser of the Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date hereof (the “Financing Agreement”), between the Authority and the Borrower, and acknowledged, consented and agreed to by the County.
RECITALS:
WHEREAS, the Borrower was created by the Board pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns and/or and operates and leases the System in the County; and
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a water system revenue bond in an original aggregate principal amount not to exceed $ (the “Local Bond”) to the Authority pursuant to the terms of the Financing Agreement in order to finance the Project; and
WHEREAS, the Board adopted on ,20__aresolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the Board to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows:
-
Unless otherwise defined, each capitalized term used in this Support Agreement shall have the meaning given it in the Financing Agreement.
-
The Borrower shall use its best efforts to issue the Local Bond, to use the proceeds thereof to pay the costs of the Project, and to construct and place the Project in operation at the earliest practical date.
-
No later than May 15 of each year, beginning May 15, 20__, the Borrower shall
notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under
the Financing Agreement, the Local Bond and any other indebtedness secured by or payable
from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing
Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in
full as and when due during the County’s fiscal year beginning the following July 1.
- The County Administrator of the County (the “County Administrator”) shall
include the Annual Deficiency Amount in his budget submitted to the Board for the following
fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County
Administrator shall deliver to the Authority within ten days after the adoption of the County’s
budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether
the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.
- If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of
such insufficiency and the County Administrator shall request a supplemental appropriation from
the Board in the amount necessary to make such payment.
- The County Administrator shall present each request for appropriation pursuant to
paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the County Administrator shall notify the Authority
as to whether the amount so requested was appropriated. If the Board shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the County by the County Administrator for the
County’s next fiscal year.
- The Board hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any
binding commitment to make such appropriations in future fiscal years, hereby states its intent to
make such appropriations in future fiscal years, and hereby recommends that future Boards of
Supervisors do likewise.
- The Board acknowledges that (i) the Authority would not purchase the Local
Bond without the security and credit enhancement provided by this Agreement, and (ii) the
Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1-
199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a
nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing
the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
-
No later than May 15 of each year, beginning May 15, 20__, the Borrower shall notify the Board of the amount (the “Annual Deficiency Amount”) by which the Borrower reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Financing Agreement, the Local Bond and any other indebtedness secured by or payable from the Revenues, including the Existing Parity Bonds set forth on Exhibit F to the Financing Agreement, (ii) the Operation and Maintenance Expense, and (iii) the Additional Payments in full as and when due during the County’s fiscal year beginning the following July 1
-
The County Administrator of the County (the “County Administrator”) shall include the Annual Deficiency Amount in his budget submitted to the Board for the following fiscal year as an amount to be appropriated to or on behalf of the Borrower. The County Administrator shall deliver to the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to or on behalf of the Borrower an amount equal to the Annual Deficiency Amount.
-
If at any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Borrower shall notify the County Administrator of the amount of such insufficiency and the County Administrator shall request a supplemental appropriation from the Board in the amount necessary to make such payment.
-
The County Administrator shall present each request for appropriation pursuant to paragraph 5 above to the Board, and the Board shall consider such request, at the Board’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the County by the County Administrator for the County’s next fiscal year.
-
The Board hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise.
-
The Board acknowledges that (i) the Authority would not purchase the Local Bond without the security and credit enhancement provided by this Agreement, and (ii) the Authority is treating this Agreement as a “local obligation” within the meaning of Section 62.1- 199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), which in the event of a nonpayment hereunder authorizes the Authority to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing the Local Bond, the Authority is further relying on Section 62.1-216.1 of the Virginia Code,
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will
immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth
of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such
nonpayment.
- Nothing herein contained is or shall be deemed to be a lending of the credit of the
County to the Borrower, the Authority or to any holder of the Local Bond or to any other person,
and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County, nor shall anything herein contained legally bind or obligate the
Board to appropriate funds for the purposes described herein.
- Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box
1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P. O.
Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (iii) if to the Authority, to
1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director.
Any party may designate any other address for notices or requests by giving notice.
- It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
- This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.
- This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
providing that if the Governor is satisfied that the nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to
the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, such nonpayment.
-
Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Borrower, the Authority or to any holder of the Local Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein.
-
Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to P.O. Box 1208, Lebanon, VA 24266, Attention: County Administrator, (ii) if to the Borrower, to P.O. Box 3219, Lebanon, VA 24266, Attention: Operations Manager, and (iii) if to the Authority, to 1111 East Main Street, Suite 1920, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice.
-
Ibis the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia.
-
This Agreement shall remain in full force and effect until the Local Bond and all other amounts payable by the Borrower under the Financing Agreement have been paid in ful
13, This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY,
VIRGINIA
By: ____________________________________________
Title: ___________________________________________
THE RUSSELL COUNTY PUBLIC SERVICE
AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA RESOURCES AUTHORITY, as
Administrator of the Virginia Water Supply Revolving
Fund
By: ____________________________________________
Title: ___________________________________________
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written.
BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA
Title:
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
By:
Title:
VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund
By:
Title:
EXHIBIT H
FORM OF BUDGET
THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT
WSL-020-15E
(To Be on Borrower’s Letterhead)
[Date]
Executive Director
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear Mr./Ms. __________:
Pursuant to the Financing Agreement[s] between Virginia Resources Authority and The
Russell County Public Service Authority, a copy of the fiscal year [20xx] annual budget is
enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated
below.
Revenues1 Operation & Maintenance
Expense
Net Revenues Available
for Debt Service ( Revenues – O&M Expense)
Debt Service Coverage (Net Revenues Available for
Debt Service/Debt Service)
1 Of the amount set forth here as Revenues, $_________ is derived from a transfer from the County of Russell,
Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing
Agreement[s].
Very truly yours,
By: __________________________
Its: _________________________
EXHIBIT H
FORM OF BUDGET THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY THOMPSON CREEK/TUNNEL ROAD WATERLINE EXTENSION PROJECT WSL-020-15E
(To Be on Borrower’s Letterhead)
[Date]
Executive Director Virginia Resources Authority
1111 East Main Street, Suite 1920 Richmond, VA 23219
Dear Mr./Ms.
Pursuant to the Financing Agreement{s] between Virginia Resources Authority and The Russell County Public Service Authority, a copy of the fiscal year [20x] annual budget is enclosed. Such annual budget provides for the satisfaction of the rate covenant as demonstrated below.
Revenues! ‘Operation & Maintenance | Net Revenues Available | Debt Service | Coverage Expense for Debt Service (Net Revenues Available for (Revenues = 08M Expense Deb Service Debt Service)
OF the amount set forth here as Revenues, S is derived from a transfer from the County of Russell,
Virginia’s general fund pursuant to the Support Agreement.
All capitalized terms used herein shall have the meaning set forth in the Financing Agreement[s].
Very truly yours,
By:
Its:
Board of Supervisors Action Item E-1 – F-7
137 Highland Drive Presenter: Administrator Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
County Administrator Reports & Requests
The County Administrator Reports & Request for July 2017:
-
Boy Scout Troop 408 “Eagle Scout Court of Honor”………………………………E-1
-
RC Faith-Based Forum on Community Development & Support….……………E-2
-
VACO 2017 Regions 12 & 13 Legislative Forum……………………………………E-3
REQUESTS
- Authorization of June 13, 2107 Democratic & Republican Primary Election
Abstract of Votes…………………………………………………………………………F-1
-
Authorization of August 2017 Public Hearing for Courthouse Construction
and Maintenance Fee…………………………………………………………………….F-2 -
Authorization to Increase the RC Treasury Petty Cash Account……………….F-3
-
Authorization of Resolution for Continuation of Funding for the CRVI……….F-4
-
Authorization of Resolution Public Notice of RC Intent to Abandon Route 9766, Route 9532, and Route 9806……………………………………………F-5
-
Authorization of Contract and Appropriation of Funding with the Center of
Natural Capital “StreamSweepers” to Clean the Clinch River……………………F-6 -
Authorization to Advertise and Hire a Housekeeping Supervisor………………F-7
STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s):
Board Discretion.
ATTACHMENTS:
Various
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
Board of Supervisors Action Item E-1 - F-7 137 Highland Drive Presenter: Administrator Lebanon, VA 24266
Meeting: 7/10/17 3:00 PM
County Admi
istrator Reports & Requests The County Administrator Reports & Request for July 2017:
-
Boy Scout Troop 408 “Eagle Scout Court of Honor”.
-
RC Faith-Based Forum on Community Development & Support…
-
VACO 2017 Regions 12 & 13 Legislative Forum… .E-3
REQUESTS
4, Authorization of June 13, 2107 Democratic & Republican Primary Election Abstract of Votes.
-
Authorization of August 2017 Public Hearing for Courthouse Construction and Maintenance Fee.
-
Authorization to Increase the RC Treasury Petty Cash Account…
-
Authorization of Resolution for Continuation of Funding for the CRVI.
-
Authorization of Resolution Public Notice of RC Intent to Abandon Route 9766, Route 9532, and Route 9806.
-
Authorization of Contract and Appropriation of Funding with the Center of Natural Capital “StreamSweepers” to Clean the Clinch River.
-
Authorization to Advertise and Hire a Housekeeping Supervisor…
STAFF RECOMMENDATION(s): Board Discretion.
SUGGESTED MOTION(s): Board Discretion
ATTACHMENTS:
- Various
Russell County Government Center 137 Highland Drive « Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011,
Eagle Scout is the highest advancement rank in Boy Scouting. Since 1912 more than two million Boy Scouts have earned the Eagle Scout rank. In the words of the Eagle Scout Promise, Eagles do their best each day to make their training an example, their rank and their influence count strongly for better Scouting and for better citizenship in their troop, in their community, and in their contacts with other people. To this they pledge their sacred honor.
- EAGLE SCOUT COURT OF HONOR *
EAGLE
Court of Honor Program
Call to Order…
Present the Colors…
Welcome…
Invocation.
Recognitions of all Eagle Scouts
Significance of Scouting & Eagle Scout Rank, Scout Oath & Law… .- & Joe Yates ‘Trail of the Eagle. Steve Linkous Requirements of the Eagle Rank. Mark Greer & Allen Thiel Voice of the Eagle … Brian Hess, Gabe Hess, Levi Horton, & Tommy King Personal History & Description of Projects,
Eagle Pledge…
Bagle Presentation Kit…
Mark Greer, & Daniel Hess
Presentation of Troop Gift, Plaque, & Certificate, Mark Greer &
Steve Linkous
Eagle Scout Charge…
Eagle Scout Response.
Scoutmaster’s Moment…
Invitation to reception Benediction.
Closing.
Retire the Colors…
Scout Oath On my honor I will do my best to do my duty to God and my country and to obey the scout law; to help other people at all times; to keep myself physically strong, mentally awake, and morally straight.
Scout Law A scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent.
Thank you for sharing this occasion with us.
Please join us following the ceremony for lunch at The Connection.
One Hundred Scouts
‘Ofany one hundred boys who become Scouts, it must be confessed that thirty will drop out in their first year. Perhaps this may be regarded as a
failure, but later in life, ll of these will remember that they had been in Scouting and will speak well of the program.
Ofthe one hundred, only rarely will one ever appear before a juvenile court judge. Twelve of the one hundred will be from families that belong to no church. Through Scouting, these twelve and many of their families will be brought into contact with a church and will continue to be active all their lives. Six of the one hundred will become pastors.
Each of the one hundred will leam something from Scouting, and all will develop hobbies that will add interest throughout the rest of their ives. Approximately one-half will serve in the military, and in varying degrees, profit from their Scout training. At least one will use it to save another person’s life, and many may credit it for saving their own.
Four ofthe one hundred will reach Eagle rank, and at least one will later say that he valued his Eagle above his college degree. Many will find their future vocation through merit badge work and Scouting contacts. Seventeen of the one hundred boys will become adult leaders and will give leadership to thousands of additional boys.
One in four boys in America will become Scouts, but it is interesting to know that of the leaders of this nation in business, religion and politics, three out of four were Scouts,
‘This story will never end. Like the ‘Golden Pebble’ of service dropped into the human sea, it will continue to radiate in ever-widening circles, influencing the characters of men through unending time.
—Drew Gregory
Thank You!
Thank you to all of the Scout Leaders, teachers, friends, family, and everyone else that has helped to make this day possible. Because of your leadership, friendship, guidance,
patience, encouragement, and perseverance you have helped these boys to conquer a trail that many others will not complete.
Boy Scout Troop 408 EAGLE SCOUT COURT OF HONOR
For
Jaxon Hess
Luke Horton
Elijah Joyce Anthony King
Brandon Linkous
Griffin McAvoy Ethan Skeen Joshua Thiel
Saturday, June 3, 2017 10:00 A.M
Lebanon Community Fellowship
Scout Oath On my honor I will do my best ‘To do my duty to God and my country And to obey the Scout Law; ‘To help other people at all times; | ‘To keep myself physically strong, | mentally awake, and morally straight.
wwewseouting.org i oar7
Then¥ you. Lor ortending our cogle cot coem one For the plegu TY We-S an hener- te hove You fen
Elijah Teyee
FAITH-BASED FORUM
JULY 27, 2017 9:00 AM — 11:00 AM RUSSELL COUNTY CONFERENCE CENTER 139 HIGHLAND DRIVE LEBANON, VA 24266
We are asking for one representative from each church in Russell County to please attend.
Please RSVP no later than July 24, 2017 at (276) 889-8000 or [email protected]
BREAKFAST WILL BE PROVIDED.
The Virginia Association of Counties invites you to join us at the 2017
VACo Regions 12 & 13 meeting on Thursday, June 29 from 6 to 8
p.m. at the Washington County Board Auditorium at 1 Government
Center Place, Abingdon, 24210.
Expected attendance includes Board Chairs, Vice Chairs, Supervisors,
Legislators, Planning District Commissioners and County
Administrators and Executive Staff from Bland, Buchanan, Carroll,
Dickenson, Grayson, Lee, Pulaski, Scott, Smyth, Tazewell,
Washington, Wise and Wythe counties.
VACo 2017 Regions 12 & 13 Meeting Agenda
WELCOME
Timothy A. Reeves | Supervisor, Wythe County & Region 12 Director, VACo Board of Directors
Larry R. Mosley | Supervisor, Lee County & Region 13 Director, VACo Board of Directors
Dean Lynch | Executive Director, VACo
VACo EDUCATION
TBD
CONVERSATIONS WITH STATE LEGISLATORS (Invited)
Senator Charles W. “Bill” Carrico (40th Senate District)
Senator Ben Chafin (38th Senate District)
Senator David R. Suetterlein (19th Senate District)
Senator William M. Bill Stanley (20th Senate District)
Delegate Jeffrey L. Campbell (6th House District)
Delegate Terry G. Kilgore (1st House District)
Delegate James W. “Will” Morefield (3rd House District)
Delegate Israel D. O’Quinn (5th House District)
Delegate Todd E. Pillion (4th House District)
Delegate Nick Rush (7th House District)
Delegate Joseph R. Yost (12th House District)
ROUND TABLE DISCUSSION OF LOCAL ISSUES
Bland County | Buchanan County | Carroll County | Dickenson County | Grayson County | Lee County
Pulaski County | Russell County | Scott County | Smyth County | Tazewell County
Washington County | Wise County | Wythe County
Regional Partners
Sponsored by
The Virginia Association of Counties invites you to join us at the 2017 VACo Regions 12 & 13 meeting on Thursday, June 29 from 6 to 8 p.m, at the Washington County Board Auditorium at 1 Government Legislative | Center Place, Abingdon, 24210.
Meetings | expected attendance includes Board Chairs, Vice Chairs, Supervisors, Legislators, Planning District Commissioners and County Administrators and Executive Staff from Bland, Buchanan, Carroll,
eeO2! | Dickenson, Grayson, Lee, Pulaski, Scott, Smyth, Tazewell,
Washington, Wise and Wythe counties.
VACo 2017 Regions 12 & 13 Meeting Agenda
WELCOME Timothy A. Reeves | Supervisor, Wythe County & Region 12 Director, VACo Board of Directors Larry R. Mosley | Supervisor, Lee County & Region 13 Director, VACo Board of Directors Dean Lynch | Executive Director, VACo
VACo EDUCATION
TBD CONVERSATIONS WITH STATE LEGISLATORS (Invited) Senator Charles W. “Bill” Carrico (40" Senate District) Delegate James W. “Will” Morefield (3°! House District) Senator Ben Chafin (38" Senate District) Delegate Israel D. O’Quinn (5"" House District) Senator David R. Suetterlein (19" Senate District) Delegate Todd E. Pillion (4" House District) Senator William M. Bill Stanley (20" Senate District) Delegate Nick Rush (7"" House District) Delegate Jeffrey L. Campbell (6"" House District) Delegate Joseph R. Yost (12 House District)
Delegate Terry G. Kilgore (1* House District)
ROUND TABLE DISCUSSION OF LOCAL ISSUES Bland County | Buchanan County | Carroll County | Dickenson County | Grayson County | Lee County Pulaski County | Russell County | Scott County | Smyth County | Tazewell County Washington County | Wise County | Wythe County
Sponsored by O A aetna’ Pp stem \sco SF wxnceenerorverns VACORP _ ms
Regional Partners
ere a = 4 aO@ te DS
ABSTRACT of VOTES
Cast in RUSSELL COUNTY, VIRGINIA at the 2017 June Demooratic Primary Election held on June 13, 2017 for,
Governor
NAMES OF CANDIDATES ON THE BALLOT
Ralph S, Northam - Democratic Tom S, Perriello - Democratic
Total Write-In votes [From Write-Ins Certifications) [Valid Write-Ins + Invalid Write_ins = Total Write In Votes]
Total Number of Overvates for Office
TOTAL VOTES RECEIVED (IN FIGURES)
472
4
0
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election for the Governor.
Ralph
Northam - Dem¢
Given under our hands this__/AL¥A___ day of Leraee __ 20/7
Sanus t Sede
habe Ll Kees
\ Chairman , Vice Chairman , Secretary
, Secretary, Electoral Board
ABSTRACT of VOTES
Cast in RUSSELL COUNTY, VIRGINIA at the 2017 June Democratic Primary Election held on June 13, 2017 for,
Lieutenant Governor
NAMES OF CANDIDATES ON THE BALLOT
Justin E, Fairfax - Democratic Susan S, Platt - Democratic Gene J. Rossi - Democratic
Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes)
Total Number of Overvotes for Office
We, the under
TOTAL VOTES RECEIVED (IN FIGURES)
116
112
29
)
1ed Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election for the Lieutenant Governor.
justin E. Fairfax - cratic
Given under our hands this_ 746A. day of Core _ 017
, Chairman , Vie Chairman , Secretary
, Secretary, Electoral Board
ABSTRACT of VOTES
Cast in RUSSELL COUNTY, VIRGINIA at the 2017 June Republican Primary Election held on June 13, 2017 for,
Governor
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES)
Corey A. Stewart - Republican 428
Edward W. “Ed” Gillespie - Republican 129
Frank W. Wagner - Republican 15
Total Write-In votes [From Write-Ins Certifications] ii)
[Valid Write-Ins + Invalid Write_ins = Total Write In Votes]
Total Number of Overvotes for Office oO
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cirouit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Governor.
Corey A. Stewart - Republican
Given under our hands this__7/¥A___ day of. v7 mts, __ 2.017 vse t Qvron . Chairman LAS LI 8 wo . Vice Chairman Bonny () Steyh— » Secretary Vi, I Vt , Secretary, Electoral Board
ABSTRACT of VOTES
Cast in RUSSELL COUNTY, VIRGINIA at the 2017 June Republican Primary Election held on June 13, 2017 for,
Lieutenant Governor
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Bryce E, Reeves - Republican 205 Glenn R. Davis, Jr. - Republican 161 Jill H. Vogel ~ Republican 161 Total Write-In votes (From Write-Ins Certifications} 0 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes) Total Number of Overvotes for Office 0
‘We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 13, 2017, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Lieutenant Governor.
Bryce E. Reeves - Republican
Given under our hands this_ /2/¥A day of. Qermes _ 0l7
Yasui % Quatine . Chairman Mab Ll kab? | Vice Chairman
. Secretary
Kary Caton Pe, GSatot , Secretary, Electoral Board CET?
VIRGINIA COURTHOUSE FACILITY GUIDELINES
The 2015 edition was made possible with the support of Grant No. SJI-13-T-204 from the State Justice Institute (SJI).
Prepared by: Don Hardenbergh Court works
Williamsburg, Virginia
For Office of the Executive Secretary Supreme Court of Virginia
Richmond, Virginia
VIRGINIA COURTHOUSE FACILITY GUIDELINES
The 2015 edition was made possible with the support of Grant No. SJI-13-T-204 from the State Justice Institute (SJI).
Prepared by: Don Hardenbergh For Office of the Executive Secretary Court works Supreme Court of Virginia Williamsburg, Virginia Richmond, Virginia
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-1
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 2/15
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES AND FINANCING COURTHOUSE CAPITAL PROJECTS
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING COURTHOUSE
Localities in Virginia are required by Va. Code § 15.2-1638 to provide courthouses and suitable facilities for the judges and staff of district and circuit courts, including Circuit Court Clerks, and upon request space for the Commonwealth Attorney. The costs of doing so are to be paid by the locality and facilities are to be provided in government owned property and not leased. This has traditionally been a responsibility of local government in Virginia.
If the court facilities are deemed to be insufficient or inadequate, the Code of Virginia sets out a process that can be used to compel improvements to a court facility by local Circuit Courts (§ 15.2-1643). Dating at least to the early 1900s, this process has been used by Circuit Court judges to force jurisdictions to update and upgrade their court facilities. Over the past 15 years this process has been used in a number of communities, including Williamsburg/James City County, Rockbridge County, Dickenson County, and the City of Portsmouth.
If a county plans to construct a courthouse at a new location which is not adjacent to the existing courthouse, Va. Code §§ 15.2-1644 and 15.2-1646 requires citizen approval through a referendum.
II. FINANCING CAPITAL IMPROVEMENTS
There are two court fees that may be collected for the purpose of funding courthouse maintenance and construction. Under a statute first adopted in 1990, Va. Code§ 17.1-281, localities may assess up to a $2 fee on all civil, criminal, traffic and local ordinance cases for the purposes of construction, renovation, or maintenance of the courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance. The money raised by this fee, however, is generally insufficient to fund most courthouse construction projects and according to JLARC the money has generally been placed in the locality’s general fund to offset facility building maintenance (JLARC, Operational and Capital Funding for District and Circuit Courts, 2009).
Since 2009, localities may assess an additional $3 fee per case, specifically for courthouse construction as long as the Department of General Services (DGS) certifies the courthouse as noncompliant with the Virginia Courthouse Facility Guidelines. The circuit court clerk is responsible for collecting courthouse fees and transferring them to the local treasurer. This money is “solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.” Va. Code § 17.1-281 (D).
According to DGS, during the first five years of the act 29 jurisdictions requested such certification by DGS.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1638 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1643 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1644 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1646 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-281 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-281 Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
Tim Lovelace Highlight
VIRGINIA COURTHOUSE FACILITY GUIDELINES RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-1 FINANCING COURTHOUSE CAPITAL PROJECTS.
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES AND FINANCIN COURTHOUSE CAPITAL PROJECTS
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING COURTHOUSE
Localities in Virginia are required by Va, Code § 15.2-1638 to provide courthouses and suitable facilities for the judges and staff of district and circuit courts, including Cireuit Court Clerks, and upon request space for the Commonwealth Attorney. The costs of doing so are to be paid by the locality and facilities are to be provided in government owned property and not leased. This has traditionally been a responsibility of local government in Virginia.
If the court facilities are deemed to be insufficient or inadequate, the Code of Virginia sets out a process that can be used to compel improvements to a court facility by local Circuit Courts (§ 15.2-1643). Dating at least to the early 1900s, this process has been used by Circuit Court judges to force jurisdictions to update and upgrade their court facilities. Over the past 15 years this process has been used in a number of communities, including Williamsburg/James City County, Rockbridge County, Dickenson County, and the City of Portsmouth.
Ifa county plans to construct a courthouse at a new location which is not adjacent to the
existing courthouse, Va. Code §§ 15.2-1644 and 15.2-1646 requires citizen approval through a referendum,
Il. FINANCING CAPITAL IMPROVEMENTS
There are two court fees that may be collected for the purpose of funding courthouse maintenance and construction. Under a statute first adopted in 1990, Va, Code§ 17.1-281, localities may assess up to a $2 fee on all civil, criminal, traffic and local ordinance cases for the purposes of construction, renovation, or maintenance of the courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance. The money raised by this fee, however, is generally insufficient to fund most courthouse construction projects and according to JLAR(
building maintenance (LARC, Operational and Capital Funding for District and Circuit Courts, 2009).
Since 2009, localities may assess an additional $3 fee per case, specifically for courthouse construction as long as the Department of General Services (DGS) certifies the courthouse as noncompliant with the Virginia Courthouse Facilit The circuit court clerk is res|
of, or adaptive re-use
ofa structure for a courthouse.” Va. Code § 17.1-281 (D).
According to DGS, during the first five years of the act 29 jurisdictions requested such certification by DGS.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-2
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 2/15
Localities wishing to impose this $3 filing fee must submit a self-evaluation of their court facility to DGS, indicating how their facility is non-compliant with the Virginia Courthouse Facility Guidelines. A DGS building inspector then conducts an on-site inspection of the facility to confirm that it is out of compliance. DGS reviews the case and issues a certification of noncompliance, which then authorizes the locality to adopt an ordinance imposing the fee. The locality must reimburse DGS for the site visit and other related costs, which according to DGS have generally been in the range of $1,100 to $1,400 in localities that have been certified.
The most common financing arrangement is the general obligation bond. There are basically three options when it comes to financing a capital project such as a courthouse: 1) financing without debt, 2) financing with short-term debt, and 3) financing with long-term debt.
It is usually not possible to finance a capital improvement project out of operating funds. In
Virginia, as noted earlier, local governments may charge a filing fee to cover improvements
to the courthouse. The amount of funds that can be generated through this method however
are generally not enough to fund anything but small renovation or improvement projects.
When the indebtedness is not large and the time needed to retire the debt is short, the use of
short-term debt, such as grant anticipation notes, tax anticipation notes, and lines of credits,
or bonds that can be retired in less than five years may be possible. Such funding
mechanisms however may best be reserved for initiating a project when there is a need to
get a project started quickly or for minor renovations.
As noted earlier most courthouse projects are financed with long-term debt, such as general
obligation bonds. There are however some alternatives that may be used. Long term
financing can be broken down into public financing options and private financing options.
A. Public Financing
Early in the planning process it will usually be necessary to provide some funding for expenses and to hire an architect or courts planner to conduct a review of the current facilities and a needs assessment. This may be funded out of general revenues, as is usually the master plan if one is to be done. Once a decision has been made to go forward with the project it is necessary to secure more substantial funding to cover not only the design architect fees but the site acquisition and construction costs. With very few exceptions this will require some form of loan. Two of the most prevalent public funding options are general obligation bonds and revenue bonds. The choice of which method to use may depend on the length of the project, the political viability of public funding that normally requires a referendum, and the expected life of the building.
- General Obligation Bonds (GOB)
General obligation bonds are the most commonly used means of financing long- term large public capital improvement projects. They are relatively inexpensive
Tim Lovelace Highlight
VIRGINIA COURTHOUSE FACILITY GUIDELINES RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-2 FINANCING COURTHOUSE CAPITAL PROJECTS.
Localities wishing to impose this $3 filing fee must submit a self-evaluation of their court facility to DGS, indicating how their facility is non-compliant with the Virginia Courthouse Facility Guidelines. A DGS building inspector then conducts an on-site inspection of the facility to confirm that it is out of compliance. DGS reviews the case and issues a certification of noncompliance, which then authorizes the locality to adopt an ordinance imposing the fee. The locality must reimburse DGS for the site visit and other related costs, which according to DGS have generally been in the range of $1,100 to $1,400 in localities that have been certified.
The most common financing arrangement is the general obligation bond. There are basically three options when it comes to financing a capital project such as a courthouse: 1) financing without debt, 2) financing with short-term debt, and 3) financing with long-term debt.
Itis usually not possible to finance a capital improvement project out of operating funds. In Virginia, as noted earlier, local governments may charge a filing fee to cover improvements to the courthouse, The amount of funds that can be generated through this method however are generally not enough to fund anything but small renovation or improvement projects. When the indebtedness is not large and the time needed to retire the debt is short, the use of short-term debt, such as grant anticipation notes, tax anticipation notes, and lines of credits, or bonds that can be retired in less than five years may be possible. Such funding mechanisms however may best be reserved for initiating a project when there is a need to get a project started quickly or for minor renovations.
As noted earlier most courthouse projects are financed with long-term debt, such as general obligation bonds. There are however some alternatives that may be used. Long term financing can be broken down into public financing options and private financing options.
A. Public Financing.
Early in the planning process it will usually be necessary to provide some funding for expenses and to hire an architect or courts planner to conduct a review of the current facilities and a needs assessment. This may be funded out of general revenues, as is usually the master plan if one is to be done. Once a decision has been made to go forward with the project it is necessary to secure more substantial funding to cover not only the design architect fees but the site acquisition and construction costs. With very few exceptions this will require some form of loan. Two of the most prevalent public funding options are general obligation bonds and revenue bonds. The choice of which method to use may depend on the length of the project, the political viability of public funding that normally requires a referendum, and the expected life of the building.
- General Obligation Bonds (GOB)
General obligation bonds are the most commonly used means of financing long- term large public capital improvement projects. They are relatively inexpensive
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-3
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 2/15
and easy to sell, assuming a good bond rating. The use of GOBs, however, requires voter approval, which is sometimes difficult to receive. The public’s appetite for expensive public works projects is limited and courts have to compete with other needs such as schools and roads. If obtained, however, voter approval can insulate public officials from later criticisms. Besides anticipated voter rejection, other disadvantages include 1) tax and debt limitations; 2) need to proceed quickly 3) poor bond ratings, and 4) the desire to avoid restrictive laws in the construction of public buildings.
- Revenue Bonds
Revenue bonds financing is available through a variety of public agencies such as a local industrial development authority. The advantage of revenue bonds is that they circumvent the lengthy and unpredictable political process required with GOBs and there may be some latitude in applying laws governing the construction of public buildings.
B. Private Financing
Private financing is becoming more popular as communities seek ways to leverage their tax revenues to greater advantage to finance long needed capital improvements. In general private financing works much like a home mortgage. A private entity provides the funds to construct the facility and the local government body then buys back the facility through a lease purchase agreement that may last 30 years. The loans are paid back through possible revenue that may be generated by the property or through general tax revenue.
- Certificates of Participation (COPS)
One private financing method is the use of certificates of participation (COPs) which can be used as an alternative to GOBs. The COP is based on sale of interests in lease revenue from a capital project; for instance, the revenue from a parking garage that is constructed as part of the project or a bridge for which tolls are levied.
- Private Educational Facilities Infrastructure Act
In Virginia, as well as a number of other states, the use of lease/purchase arrangements through a private builder/developer is becoming a more common method of financing public facilities.
In Virginia, the Public-Private Education and Infrastructure Act of 2002 (PPEA) was intended to bring private sector expertise to bear on public capital improvement projects, thus saving time and money. It allows private entities, to “acquire, design, construct, improve, renovate, expand, equip, maintain or operate
Tim Lovelace Highlight
VIRGINIA COURTHOUSE FACILITY GUIDELINES RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-3 FINANCING COURTHOUSE CAPITAL PROJECTS.
and easy to sell, assuming a good bond rating. The use of GOBs, however, requires voter approval, which is sometimes difficult to receive. The public’s appetite for expensive public works projects is limited and courts have to compete with other needs such as schools and roads. If obtained, however, voter approval can insulate public officials from later criticisms, Besides anticipated voter rejection, other disadvantages include 1) tax and debt limitations; 2) need to proceed quickly 3) poor bond ratings, and 4) the desire to avoid restrictive laws in the construction of public buildings.
- Revenue Bonds
Revenue bonds financing is available through a variety of public agencies such as. a local industrial development authority. The advantage of revenue bonds is that they circumvent the lengthy and unpredictable political process required with GOBs and there may be some latitude in applying laws governing the construction of public buildings.
B. Private Financing
Private financing is becoming more popular as communities seek ways to leverage their tax revenues to greater advantage to finance long needed capital improvements. In general private financing works much like a home mortgage. A private entity provides the funds to construct the facility and the local government body then buys back the facility through a lease purchase agreement that may last 30 years. The loans are paid back through possible revenue that may be generated by the property or through general tax revenue,
- Certificates of Participation (COPS)
One private financing method is the use of certificates of participation (COPs) which can be used as an alternative to GOBs. The COP is based on sale of interests in lease revenue from a capital project; for instance, the revenue from a parking garage that is constructed as part of the project or a bridge for which tolls are levied.
- Private Educational Facilities Infrastructure Act
In Virginia, as well as a number of other states, the use of lease/purchase arrangements through a private builder/developer is becoming a more common method of financing public facilities.
In Virginia, the Public-Private Education and Infrastructure Act of 2002 (PPEA) was intended to bring private sector expertise to bear on public capital improvement projects, thus saving time and money. It allows private entities, to “acquire, design, construct, improve, renovate, expand, equip, maintain or operate
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-4
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 2/15
qualifying projects.” Its purpose is to encourage innovative approaches to financing construction and renovation of public facilities. Qualifying facilities must be devoted primarily to public use, typically involving public health, safety, and welfare. The Act grants responsible public entities the authority to create public-private partnerships if it is determined that private involvement may be able to deliver the project in a more timely or cost-effective fashion or lead to improvements in the public entities’ processes or delivery of services.
The private partner provides cost or completion guarantees for which it is given an equity investment in the project. The project requires a dedicated revenue stream with which to pay back the investors. Financing options might include the use of special purpose entities, sale and lease-back transactions, enhanced use leasing, property exchanges, development agreements, conduit financing and other methods allowed by law. Inherent in this type of financing arrangement is the need for the local governing body to identify the source of revenue that will support the lease payments for the term of the agreement.
This method eases many of the front-end political problems of GOBs and other methods requiring public approval. The retirement of the debt shows up in the operating budget in the form of rental or lease costs. It provides good cost controls because there is a single entity which is accountable and there is less likelihood of cost-related changes in the project, the project can be completed faster and there is less likelihood of delays, and it defers the need for public funds because the builder picks up a lot of the early costs. Other benefits include:
‒ A private enterprise can bring expertise and efficiencies to the project that
would not otherwise be available to a public construction project;
‒ The private enterprise, not the government entity, incurs the long term
debt. Therefore, voter approval is not required and the governmental entity’s debt load is not affected;
‒ The cost of the project can be distributed to the government over a longer period of time;
‒ The overall cost of the project may be less, based on the assumption that the project will be completed in a shorter time frame and construction costs are expected to increase over time;
‒ The loan does not affect the debt load of the governmental entity;
‒ The private enterprise carries the risks associated with the project,
including cost overruns and delays; and
‒ Ongoing maintenance of the facility can be a component of the agreement
with performance.
Some of the drawbacks of this method are that the project scope and cost may not be defined until late in the process giving the local governing body and court less control over design issues, the learning curve for public officials and the public
VIRGINIA COURTHOUSE FACILITY GUIDELINES RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-4 FINANCING COURTHOUSE CAPITAL PROJECTS.
qualifying projects.” Its purpose is to encourage innovative approaches to financing construction and renovation of public facilities.
Qualifying facilities must be devoted primarily to public use, typically involving public health, safety, and welfare. The Act grants responsible public entities the authority to create public-private partnerships if it is determined that private involvement may be able to deliver the project in a more timely or cost-effective fashion or lead to improvements in the public entities’ processes or delivery of services.
The private partner provides cost or completion guarantees for which it is given an equity investment in the project. The project requires a dedicated revenue stream with which to pay back the investors. Financing options might include the use of special purpose entities, sale and lease-back transactions, enhanced use leasing, property exchanges, development agreements, conduit financing and other methods allowed by law. Inherent in this type of financing arrangement is the need for the local governing body to identify the source of revenue that will support the lease payments for the term of the agreement.
This method eases many of the front-end political problems of GOBs and other methods requiring public approval. The retirement of the debt shows up in the operating budget in the form of rental or lease costs. It provides good cost controls because there is a single entity which is accountable and there is less likelihood of cost-related changes in the project, the project can be completed faster and there is less likelihood of delays, and it defers the need for public funds because the builder picks up a lot of the early costs. Other benefits include:
— A private enterprise can bring expertise and efficiencies to the project that would not otherwise be available to a public construction project;
— The private enterprise, not the government entity, incurs the long term debt. Therefore, voter approval is not required and the governmental entity’s debt load is not affected;
— The cost of the project can be distributed to the government over a longer period of time;
— The overall cost of the project may be less, based on the assumption that the project will be completed in a shorter time frame and construction costs are expected to increase over time;
— The loan does not affect the debt load of the governmental entity;
— The private enterprise carries the risks associated with the project, including cost overruns and delays; and
— Ongoing maintenance of the facility can be a component of the agreement with performance.
Some of the drawbacks of this method are that the project scope and cost may not be defined until late in the process giving the local governing body and court less control over design issues, the learning curve for public officials and the public
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 215
VIRGINIA COURTHOUSE FACILITY GUIDELINES
RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-5
FINANCING COURTHOUSE CAPITAL PROJECTS
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 2/15
means they may be apprehensive of the process, questions of whether the best possible price was obtained, and the lengthy and complicated negotiations. Also, the public entity may lose some control over the design process because cost control becomes a critical factor in order to maintain the viability of the project. Other disadvantages are:
‒ A P3 project bypasses public approval and subjects the project, the
funding body, and the governing entity to resistance from the voters/general public.
‒ Experience to date with P3 projects demonstrates that these projects receive a limited number of bidders; typically one to three entities submit bids. This reduced competition could be detrimental; in contrast, competition among a larger number of bidders generally reduces the overall cost and increases the quality of a project.
‒ The overall payment for the P3 financing may be higher than a traditional financing method, given that a private entity pays higher interest rates than government entities to borrow money. A P3 project also includes a profit margin for the private entity.
‒ The financing for a P3 project typically extends out over a longer period of time than in a traditional building model, with the court leasing the facility over a period of up to thirty years.
To date, PPEA has been adopted in Virginia and several other states including Florida, Texas, Utah, Maryland, Arizona, California, and Michigan.
VIRGINIA COURTHOUSE FACILITY GUIDELINES RESPONSIBILITY FOR PROVIDING FACILITIES AND PAGE 3-5 FINANCING COURTHOUSE CAPITAL PROJECTS.
means they may be apprehensive of the process, questions of whether the best possible price was obtained, and the lengthy and complicated negotiations. Also, the public entity may lose some control over the design process because cost control becomes a critical factor in order to maintain the viability of the project. Other disadvantages are:
— A P3 project bypasses public approval and subjects the project, the funding body, and the governing entity to resistance from the voters/general public.
— Experience to date with P3 projects demonstrates that these projects receive a limited number of bidders; typically one to three entities submit bids. This reduced competition could be detrimental; in contrast, competition among a larger number of bidders generally reduces the overall cost and increases the quality of a project.
— The overall payment for the P3 financing may be higher than a traditional financing method, given that a private entity pays higher interest rates than government entities to borrow money. A P3 project also includes a profit margin for the private entity.
— The financing for a P3 project typically extends out over a longer period of time than in a traditional building model, with the court leasing the facility over a period of up to thirty years.
To date, PPEA has been adopted in Virginia and several other states including Florida, Texas, Utah, Maryland, Arizona, California, and Michigan.
Office of the Executive Secretary Prepared by: Don Hardenberg, Court works Supreme Court of Virginia Rev: 215
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell District 2 District 5 At-Large
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester District 3 District 4 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
Resolution for the Continuation of Funding for the
Clinch River Valley Initiative
July 10, 2017
Whereas, in 2010 a forum on revitalizing local economies in Southwest Virginia was
initiated by the Institute for Environmental Negotiation at the University of Virginia in
Charlottesville, and;
Whereas, in 2012 this initiative received 34 Resolutions of support from Tazewell, Russell,
Wise, and Scott counties and became what is known today as CRVI, and;
Whereas, this regional initiative has now for seven years maintained and pursued the
following goals:
Develop a Clinch River State Park
Develop and Integrate Access Points, Trails, and Campgrounds along the
Clinch River
Enhance Water Quality in the Clinch River
Develop and Enhance Environmental Education Opportunities for Community
Members in the Clinch River Watershed
Connect and Expand Downtown Revitalization, Marketing and Entrepreneurial
Development Opportunities in the Clinch River Valley and;
Whereas, the CRVI initiative funding has had two dedicated fiscal agents, Friends of
Southwest Virginia and the Upper Tennessee River Roundtable as well as other local,
regional, and state partners, and;
Whereas, such funding is slated for termination in the fall of 2017, and;
Whereas, We the Russell County Board of Supervisors wish for our Virginia legislators to
assist in seeking state funding for the continuation of CRVI in reaching its economic goals.
Now, Therefore Be It Resolved, that the Russell County Board of Supervisors unanimously
request that Virginia Senator Ben Chafin, Virginia Delegate Terry Kilgore, Virginia
Delegate Todd Pillion, and Virginia Delegate Will Morefield make every effort to seek such
funding for the continuation and the ongoing economic success of the Clinch River Valley
Initiative.
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell
District 2 District 5 AvLarge
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester
District 3 District 4 County Administrator
Resolution for the Continuation of Funding for the Clinch River Valley Initiative July 10, 2017
Whereas, in 2010 a forum on revitalizing local economies i initiated by the Institute for Environmental Negoti Charlottesville, and;
Southwest Virginia was ion at the University of Virginia in
Whereas, in 2012 this initiative received 34 Resolutions of support from Tazewell, Russell, Wise, and Scott counties and became what is known today as CRVI, and;
Whereas, this regional i following goals:
five has now for seven years maintained and pursued the
© Develop a Clinch River State Park
© Develop and Integrate Access Points, Trails, and Campgrounds along the Clinch River
© Enhance Water Quality in the Clinch River
© Develop and Enhance Environmental Education Opportunities for Community Members in the Clinch River Watershed
© Connect and Expand Downtown Revitalization, Marketing and Entrepreneurial Development Opportunities in the Clinch River Valley and;
Whereas, the CRV1 initiative funding has had two dedicated fiscal agents, Friends of Southwest Virginia and the Upper Tennessee River Roundtable as well as other local, regional, and state partners, and;
Whereas, such funding is slated for termination in the fall of 2017, and;
Whereas, We the Russell County Board of Supervisors wish for our Virginia legislators to assist in seeking state funding for the continuation of CRVI in reaching its economic goals.
Now, Therefore Be It Resolved, that the Russell County Board of Supervisors unanimously request that Virginia Senator Ben Chafin, Virginia Delegate Terry Kilgore, Virginia Delegate Todd Pillion, and Virginia Delegate Will Morefield make every effort to seek such funding for the continuation and the ongoing economic success of the Clinch River Valley Initiative.
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
RESOLVED this 10th day of July, 2017, by the following vote:
Recorded Vote: A COPY TEST:
Moved by: ______________ ___
Seconded by: __________________
Yeas: ________
________________________________
Nays: ________ Lonzo Lester, County Administrator
RESOLVED this 10" day of July, 2017, by the following vote: Recorded Vote: A COPY TEST: Moved by:
Seconded b:
Yeas:
Nays: Lonzo Lester, County Admi
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 : Fax (276) 889-8011 www.russellcountyva.us
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell District 2 District 5 At-Large
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester District 3 District 4 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
The Board of Supervisors of Russell County, in regular meeting on the 10th day of July, 2017,
adopted the following:
RESOLUTION
WHEREAS, it appears to this Board that Secondary Route 9766 from Route 666 to Dead End, a
distance of 0.16 miles; Route 9532 from Route 661 to End Loop, a distance of 0.11 mile; and
Secondary Route 9806 from Route 613 West to Route 613 East, a distance of 0.07 mile(s), serves
no public necessity and is no longer necessary as a part of the Secondary System of State
Highways.
NOW, THEREFORE, BE IT RESOLVED: The Clerk of the Board is directed to post and
publish notice of the Board’s intent to abandon the aforesaid section(s) of Route 9766, Route 9532,
and Route 9806, pursuant to §33.2-909 of the Code of Virginia, as amended.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Commissioner of the Virginia Department of Transportation.
RESOLVED this 10th day of July, 2017, by the following vote:
Recorded Vote: A COPY TEST:
Moved by: _____________ ___
Seconded by: _________________
Yeas: ________
_____________________________
Nays: ________ Lonzo Lester, County Administrator
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell
District 2 District 5 AtLarge
Cari Rhea David Eaton, Vice-Chairman Lonzo Lester
District 3 District 4 County Administrator
The Board of Supervisors of Russell County, in regular meeting on the 10th day of July, 2017, adopted the following:
RESOLUTION
WHEREAS, it appears to this Board that Secondary Route 9766 from Route 666 to Dead End, a distance of 0.16 miles; Route 9532 from Route 661 to End Loop, a distance of 0.11 mile; and Secondary Route 9806 from Route 613 West to Route 613 East, a distance of 0.07 mile(s), serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways.
NOW, THEREFORE, BE IT RESOLVED: The Clerk of the Board is directed to post and publish notice of the Board’s intent to abandon the aforesaid section(s) of Route 9766, Route 9532, and Route 9806, pursuant to §33.2-909 of the Code of Virginia, as amended.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.
RESOLVED this 10" day of July, 2017, by the following vote
Recorded Vote: ACOPY TEST:
Moved by:
Seconded by:
Yeas:
Nays: ‘Lonzo Lester, County Administrator
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell District 2 District 5 At-Large
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester District 3 District 4 County Administrator
Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
NOTICE OF PROPOSED ROAD ABANDONMENT
ROUTE 9766: old Clinch River Elementary School
ROUTE 9806: old Oak Grove Elementary School
ROUTE 9532: old Cleveland Elementary School
Pursuant to §33.2-909 Code of Virginia, the Board of Supervisors of Russell County will consider
abandonment of Route 9766 at the old Clinch River Elementary School from Route 666 to Dead
End, a distance of 0.16 mile(s); Route 9532 at the old Cleveland Elementary School from Route
661 to End Loop, a distance of 0.11 mile; and Route 9806 at the old Oak Grove Elementary School
from Route 613 West to Route 613 East, a distance of 0.07 mile(s). Anyone wishing a public
hearing be held by the Board of Supervisors prior to its consideration of this proposed
abandonment should contact the County Administrator’s office on or before 21st August, 2017 to
request a public hearing.
Russell County Board of Supervisors
137 Highland Drive
Lebanon, VA 24266
276-889-8000
Russell County Virginia “The Heart of Southwest Virginia”
Tim Lovelace Rebecca Dye District 1 District 6
Lou Ann Wallace Steve Breeding, Chairman Mark Mitchell District 2 District 5 AvLarge
Carl Rhea David Eaton, Vice-Chairman Lonzo Lester
District 3 District 4 County Administrator
NOTICE OF PROPOSED ROAD ABANDONMENT
ROUTE 9766: old Clinch River Elementary School ROUTE 9806: old Oak Grove Elementary School ROUTE 9532: old Cleveland Elementary School
Pursuant to §33.2-909 Code of Virginia, the Board of Supervisors of Russell County will consider abandonment of Route 9766 at the old Clinch River Elementary School from Route 666 to Dead End, a distance of 0.16 mile(s); Route 9532 at the old Cleveland Elementary School from Route 661 to End Loop, a distance of 0.11 mile; and Route 9806 at the old Oak Grove Elementary School from Route 613 West to Route 613 East, a distance of 0.07 mile(s). Anyone wishing a public hearing be held by the Board of Supervisors prior to its consideration of this proposed abandonment should contact the County Administrator’s office on or before 21% August, 2017 to request a public hearing,
Russell County Board of Supervisors 137 Highland Drive Lebanon, VA 24266
276-889-8000
Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us
Notes
³ 0 0.01 0.020.005 Miles
John.Bolling Polygonal Line
John.Bolling Typewritten Text ABANDONMENT-Route 9766: Clinch River Elementary School
John.Bolling Typewritten Text A
John.Bolling Typewritten Text B
John.Bolling Typewritten Text
John.Bolling Typewritten Text Section 33.2-909 Abandonment BOS Resolution Date: mm/dd/2017
John.Bolling Text Box RUSSELL COUNTY (083)
John.Bolling Text Box Segment A-B: from Rte 666 to Dead End, 0.16 mile
ABANDONMENT-Route 9766: Clinch River Elementary School
Section 33.2-909 Abandonment. BOS Resolution Date: mm/dd/2017
9532-083: Cleveland Elementary Notes
³ 0 0.01 0.020.005 Miles
John.Bolling Polygonal Line
John.Bolling Typewritten Text A
John.Bolling Typewritten Text B
John.Bolling Typewritten Text Section 33.2-909 Abandonment
John.Bolling Typewritten Text From Route 661 (A) to End Loop (B) Length: 0.11 mile
John.Bolling Typewritten Text BOS Resolution Date: mm/dd/2017
John.Bolling Stamp
John.Bolling Polygonal Line
John.Bolling Typewritten Text C
John.Bolling Typewritten Text D
John.Bolling Oval
John.Bolling Oval
John.Bolling Line
John.Bolling Line
John.Bolling Typewritten Text 82
John.Bolling Typewritten Text 663
9532-083: Cleveland Elementa
8 S g 3 € 8
i 4
AB 9532 |Route 661 End Loop Abandonment AG | 661 [Route 9532 CER EM pcincnit © omorstion 9 210MM te 9 Ale, nor, sgeey Anhui AD 661 [Route 9532 [Route 663 Mileage Split EMauuemcaend
[Section 33.2-909 Abandonment
Notes
³ 0 0.01 0.020.005 Miles
John.Bolling Polygonal Line
John.Bolling Typewritten Text ABANDONMENT-Route 9806, Oak Grove Elementary School
John.Bolling Typewritten Text
John.Bolling Typewritten Text Section 33.2-909 Abandonment BOS Resolution Date: mm/dd/2017
John.Bolling Text Box RUSSELL COUNTY (083)
John.Bolling Typewritten Text A
John.Bolling Typewritten Text B
John.Bolling Text Box Segment A-B: From Rte 613W to Rte 613E, 0.07 mile
ABANDONMENT-Route 9806, Oak Grove Elementary Schoo! RUSSELL COUNTY (083) Rg
‘Section 33.2-909 Abandonment BOS Resolution Date: mm/dd/2017
Non-Project Related Abandonment of Secondary Route — § 33.2-909. Notice of Intent to Abandon and Willingness to Hold a Public Hearing ~The Process
‘The governing body of the county gives notice of its intention to abandon a road or segment of a road. This is done by doing ONE of the TWO listed below:
- by posting a notice of such intention at least three days before the first day of a regular
term of the circuit court at the front door of the courthouse of the county in which the
section of the highway sought to be abandoned as a public highway is located —OT~
2 by posting notice in atleast three places on and along the highway sought to be
abandoned for at least 30 days ‘Beginning, midpoint, and end of section to be abandoned,
AND by publishing notice of its intention in two or more issues of a newspaper having general
circulation in the county _ voor wi rove supe wilingnss that an be wed fr puisation The governing body sil provide VDOT copies ofthe newspaper as andlor acetate of publication fom the newspaper.
AND, notifying VDOT of its intention to abandon the road. ‘VDOT will provide a sample notice of intent to standon resolton in the prefered format
If Petition (request for public hearing) is filed (within 30 days of the publication of first notice):
If one or more landowners in the county whose property abuts the highway ot only a section of a highway
proposed to be abandoned, files a petition with the governing body of the county within 30 days after notice is posted and published – the governing body of the county shall hold a public hearing on the proposed abandonment
The local goveming body shall give notice of the time and place of the hearing by
publishing such information in at least two issues in a newspaper having general circulation in the county (public hearing will be at least 30 days after the date of the first pul
ation of the notification of public hearing) and
- shall also give notice to VDOT.
Ifa pe public hearing is held the governing body
of the county is satisfied that no public necessity exists for the continuance of the section of the secondary
n for a public hearing is NOT filed, or if after
highway as a public highway or that the safety and welfare of the public would be served best by abandoning the section of highway, the governing body of the county shall:
(i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed OF
Gi) within four months after the public hearing adopt an ordinance or resolution abandoning the section
of highway as a public highway and with that ordinance or resolution the section of highway shall cease to be a public highway. ‘VDOT will provide sample abandonment resolution inthe prefered format.
*0nce the resolution has been adopted, the governing body shall forward the approved resolution tothe local VDOT residency office for review and processing,
1
Physical Address:
130 West Main Street
Suites 206, 207, 208
Mailing Address: P.O. Box 901
Orange, Virginia, 22960
www.naturalcapital.us [email protected]
540-672-2542 (p)
MEMORANDUM
TO: Lonzo Lester, County Administrator, Russell County, VA
FROM: Michael Collins, Executive Director
RE: StreamSweepers Clean the Clinch 2017 Proposal Tasks and Timeline
DATE: July 4, 2017
CC: Debbie Manzari, Program Manager
Overview
This proposal covers, at a minimum, 30 miles of the roughly 60 miles of river running through Russell
County.
StreamSweepers will complete a digital ecological assessment of the river bed, banks, and canopy of
a minimum of 30 miles of the river in Russell County (from the Rt.80 bridge to Old Castlewood).
StreamSweepers will complete a minimum of 30 miles of trash and junk removal from this same
section.
Other groups may be able to assist the effort adding additional miles to be cleaned, depending on
availability and skill level of personnel, and additional financial resources.
Deliverables
-
Contract preparation for Russell County and other sponsoring parties (eg., Town of St. Paul).
-
Advertise for and hire full time seasonal On Water Manager to supervise the work crews.
-
Conduct landowner research and outreach to include determination of access/egress points.
-
Senior staff and On Water Manager conduct river reconnaissance (rapid float of river looking for
large trash sites, access points, hazards, etc.) and ecological assessment parameters.
-
Design and fabricate river cleaning barges/boats/batteaus/canoes especially for the Clinch.
-
Sweeper staff identified and trained.
-
Sweepers clean river.
-
Train other organization personnel if available to clean river.
-
Completion of summary report PDF (5-10 pages including images, findings, conclusions, and
recommendations)
http://www.naturalcapital.us/ mailto:[email protected] http://vacanals.org/batteau/batteau_construction/index.html Center for Natural Capital
Liconomic Development through Healthy Licosystéms
Physical Address: 130 West Main Street, Suites 206, 207, 208, Mailing Adairess;
P.O. Box 901
Orange, Virginia, 22960 vot naturafeapita us
salke@natwateapiat us 540-672-2542 (p)
MEMORANDUM
TO: Lonzo Lester, County Administrator, Russell County, VA.
FROM: Michael Collins, Executive Director
RE: StreamSweepers Clean the Clinch 2017 Proposal Tasks and Timeline
DATE: July 4, 2017
ce: Debbie Manzari, Program Manager
Overview
This proposal covers, at a minimum, 30 miles of the roughly 60 miles of river running through Russell
County.
Deli
StreamSweepers will complete a digital ecological assessment of the river bed, banks, and canopy of a minimum of 30 miles of the river in Russell County (from the Rt.80 bridge to Old Castlewood). StreamSweepers will complete a minimum of 30 miles of trash and junk removal from this same section.
Other groups may be able to assist the effort adding additional miles to be cleaned, depending on availability and skill level of personnel, and additional financial resources.
liverables
Contract preparation for Russell County and other sponsoring parties (eg., Town of St. Paul). Advertise for and hire full time seasonal On Water Manager to supervise the work crews. Conduct landowner research and outreach to include determination of access/egress points. Senior staff and On Water Manager conduct river reconnaissance (rapid float of river looking for large trash sites, access points, hazards, etc.) and ecological assessment parameters.
Design and fabricate river cleaning barges/boats/batteaus/canoes especially for the Clinch, Sweeper staff identified and trained.
Sweepers clean river.
Train other organization personnel if available to clean river.
Completion of summary report PDF (5-10 pages including images, findings, conclusions, and recommendations)
BENE
Cera
2
Timeline
Task July August September October November
- Prepare contract X
2.Advertise and
Hire On Water
Manager
X
- Landowner
Outreach
X X
- Design and
fabricate if
necessary boats
-
Reconnaissance X X
-
Train Sweepers X
-
Sweepers Clean
River
X X X X
- Project Report X
Notes
- This work only includes items that can be floated out/carried out by hand from the river bed and
banks. Items too large for this type of removal will be digitally marked for removal with heavy
equipment at a later date should resources be made available.
- Russell County or designee to provide 4wd high clearance king cab truck and landscape trailer for
trash removal for 24/7 availability throughout project duration, also tire disposal, and provision of CWP
workers.
-
St. Paul to provide $5400 for project
-
Mountain Heritage and Blackford Detention Center have expressed interest in assisting with cleanup.
At present, it is unknown to what degree these organizations will be able to assist. StreamSweepers will
attempt to train workers from other organizations (but obviously cannot accept responsibility for actions
not under direct management) and to support their effort to the extent funds and available personnel and
equipment will allow. Perhaps a reasonable expectation from the efforts of these other parties is a few
miles of additional cleaning during the August-November timeline.
- StreamSweepers has requested funds from a private party to support cleaning in the additional 30
miles not completed by these other groups. To date those funds have not been awarded.
- StreamSweepers has not previously utilized CWP personnel and expects that should these persons
need special management CWP supervision will be available to provide full time supervision while on
the river, along with the On Water Manager.
- StreamSweepers agrees to provide landowners outreach throughout the entire 60 miles of river in
Russell County even though under this proposal only a minimum of 30 miles of work (cleanup and
assessment) will be completed. In this context of communication with landowners and with other
parties, it might be said StreamSweepers will be coordinating the entire cleanup effort, though not
directly responsible for all of it.
- This proposal assumes award of funds from St. Paul. Should this not occur, scope would be
proportionately reduced.
Timeline
Task Jul August September October November
1, Prepare contract x
2.Advertise and x Hire On Water Manager
- Landowner x x Outreach
4, Design and fabricate if necessary boats
-
Reconnaissance x
-
Train Sweepers
4|></><
-
Sweepers Clean River
-
Project Report x
Notes
-
This work only includes items that can be floated out/carried out by hand from the river bed and banks. Items too large for this type of removal will be digitally marked for removal with heavy equipment at a later date should resources be made available.
-
Russell County or designee to provide 4wd high clearance king cab truck and landscape trailer for trash removal for 24/7 availability throughout project duration, also tire disposal, and provision of CWP workers.
-
St. Paul to provide $5400 for project
4, Mountain Heritage and Blackford Detention Center have expressed interest in assisting with cleanup. At present, it is unknown to what degree these organizations will be able to assist. StreamSweepers will attempt to train workers from other organizations (but obviously cannot accept responsibility for actions not under direct management) and to support their effort to the extent funds and available personnel and equipment will allow. Perhaps a reasonable expectation from the efforts of these other parties is a few miles of additional cleaning during the August-November timeline.
-
StreamSweepers has requested funds from a private party to support cleaning in the additional 30 miles not completed by these other groups. To date those funds have not been awarded.
-
StreamSweepers has not previously utilized CWP personnel and expects that should these persons need special management CWP supervision will be available to provide full time supervision while on the river, along with the On Water Manager.
-
StreamSweepers agrees to provide landowners outreach throughout the entire 60 miles of river in Russell County even though under this proposal only a minimum of 30 miles of work (cleanup and assessment) will be completed. In this context of communication with landowners and with other parties, it might be said StreamSweepers will be coordinating the entire cleanup effort, though not directly responsible for all of it.
-
This proposal assumes award of funds from St. Paul, Should this not occur, scope would be proportionately reduced.
3
Budget
Budget
TASKS
Senior Staff Labor
Outreach
Equipment Procurement Reconn.
Staffing
Training
Sweeping Supervison
Sweeper Labor
insurance (AFLAC, Workers Comp, Truck, Trailer Liability)
Travel
rental vehicle to and from St. Paul ‘Supervisory Staff
food @ $20 per day hotel
gas to and from access points assuming 40 miles per day @ $6 per day
wipment
Used Truck (4WD King Cab 8ft bed) Used Trailer (landscape style)
Used Boats/Barges/Bateau
Satellite Phone
Materials and Supplies
Disposal
6000 tires, assume Wise County disposal costs,
$40 per ton, 70 tires, so $3430 TOTAL
INCOME SOURCE
TOTAL
EXPENDITURES
$51,206.00
‘$51,206.00
4
Financial Reimbursement Schedule and Reporting
July 15: $6654 payment, provision of task completion summary 1 with % completion
August 15: $6654 payment, provision of task completion summary 2 with % completion
September 15: $6654 payment, provision of task completion summary 3 with % completion
November 15: $6654 payment, provision of task completion summary 4 with % completion
Financial Reimbursement Schedule and Reportin;
July 15: $6654 payment, provision of task completion summary | with % completion August 15: $6654 payment, provision of task completion summary 2 with % completion
September 15: $6654 payment, provision of task completion summary 3 with % completion November 15: $6654 payment, provision of task completion summary 4 with % completion
Racca Galli Ban of Supa Travel Regwest Aj
roval Fo
Date Subraithed:
June 27, 2017
Employee Rame(s)
Melissa._B. Carter
Department
Community Work Program
= Jun. 27.2017 1:52PM
IPhone
(QO) 889-8158
/Emall (optional)
1s5Y, Carter Brussel! county wa .US
Destination
Koanoke
Purpose of Travel
Virginia Drug Court Gnference. ___
intictpatet-Bipenses | ~ *.
[Free of Expense
Description of ixpense
Dally Expenses | EF Ea
‘Total Expenses | Amt Approved.
[airfare
(Ground Fransporiaiion
|
- “Wp
\Conf/Registweéion Fees
Paid _bu Drug Gut
|
[edging
| Paid by Drug: Cou
H County vehicle powder | [
Meals and Tips
FT 7.°
IMilieage
Nie
i | il
Other
|
Erika
Signature
[Co Admin Signature
(Whi KiB
Eraployee
Grand Total
bate Signed: @-27-[]
Date Approved!
“=” Employes must Suamirwe Signed coples at Une of request
|
RUSSELL CO COMMONWEALTH ATTY
No. 6491
Pp 1/3
Federal GSA Per Diem Calculator
Automatically calculates adjustments for travel days, provided meals, and correct rates for the time ervice:
of year. It is based on the Fe ent Gener
Departure Date
Where? —_VA- Roanoke, VA - City limits of Roanoke
« VA- Roanoke, VA - City limits of Roanoke, « Driving Directions.
- Verify GSA Rate on gsa.gov.
Sun Aug 06 2017 | Travel Day? O
istration Per Di:
Lodging rate is $107. 150% of $107 is $160.50.
MEAL, PROVIDED? Breakfast ($13): a Lunch ($4 0 Dinner ($2 a Incidentals: $5 DAY TOTAL: 59 = $59.00 Mon Aug 07 2017 | Travel Day?( Lodging rate is $107, 150% of $107 is $160,50, MEAL PROVIDED? Breakfast ($13): ia) Lunch ($15): a) Dinner ($26): o incidentals: $5 DAY TOTAL: 59 = $59.00 Tue Aug 08 2017 | Travel Day? 0 Lodging rate is $107. 150% of $107 is $160.50. MEAL PROVIDED? Breakfast ($13): a Lunch ($15): a Dinner ($26): fa) Incidentals: $5
E/0 'd L6P9 ON ALLY HLTWIANOWNOD OF 113888 WZ *t
ates.
LEU LE Uae
DAY TOTAL: 59 = $59.00
Trip Total: 59.00 + 59,00 + 59.00 = $177.00
Standard CONUS rate applies to all counties not specifically listed. Cities not listed may be located in a listed county.
The lodging rate may change based on the season and excludes taxes and surcharges. ‘Typically up to 150% of the base lodging rate may be allowed and is included for that reason. Note that this page pro-rates incidentals on travel days. If you do not do this, use this version.
Home | About
E/E ‘1609 “ON ALLY HLTWIANONAOD 09 1738SN¥ WCE! L400 ‘20 var
TOTAL P.Ot
Date Submitted
Quine _A1 20/7
employee Nama(s)
reds Amb. lial Satt Haery Monk # Yeone Cook.
Department
| Elechoal Board
Phone
- General Keg isfrar
Email (optional)
Destination
Richerond Vinge as
purpose of Travel
Erondaders Annbot “Teainna
{Type of Expense
. fof Description of Expense Dally Expenses | 2 Of | Totat Ecpenses
‘Daily Expenses
Airfare
[Ground Transportation
|conference/Registration Fees
im
Lodging
i 13 237.32
Meats and Tins
iy | 376 ue
jother
[Grand Total 4/297 20
Employee Signature
| pate signed
|County Administrator Signature |
| Date Approved
ET Employes Must Submit bvo Signed GOples at tins of reques=™™=
: JUN-2?-2017 99:25 RUSSELL CO REGISTRAR
276 989 8822 P.O
Russell County Board of Supervisors j : 276-889-8000
Travel Request Approval Form- ‘Grane runcies tlemine Opporcunity Date Submitted = 20un17
employee Name(s) | Jes Poves Department i
Destination | Emergency Management Professional Program: L-0104 - Exercise Design and L-0105 Public Information and Warning, Chesterfield, VA \awing training expenses can be charged to the LEMP Grant. The Viginia Departinent of Emergency Management Pas
Purpose of Travel
EMP» asic Academy ia fe () course entry eve! post or experienced emergency management personne who
[esl crest one ny ssa Tr LOIGY to provide students th o mere depth Understanding ney | venneneesernecne pve Wade areas.
Total Expenses Amt Approved |
[Ground Transportation | $000) cont/Resistraton Fees j a $0.0)
Lodging i ¢s15s0)
[Meats and Tips ‘Breakfast, Lunch, and Dinner | $280.50)
stteage | lege trom weling con Roda 758.2 mie, 18 pg, #2089 «| =. a
————— —a mioesiame | (A Could. a
|Co Admin Signature | Date Approved! “7 Employee must submit two signed copies at time of request"
Subject: FWD: Registration for L0102 and/or LO103. From: —[email protected] (jess. [email protected])
[email protected]; [email protected]; [email protected]; vic. [email protected]; [email protected]; [email protected];
To: [email protected]; rebecca. [email protected]; lonzo.lester@russellcountyva. david. [email protected]; steve. [email protected]; carl [email protected]’ [email protected]; [email protected]; mark. mitchell @russelloountyva.us;
Date: Tuesday, March 28, 2017 7:05 PM
Hello Everyone,
Following, please find the opportunity for Russell County Emergency Management to enroll in FEMA courses to complete the Basic Academy training: L0102: Science of Disasters; LO103: Planning: Emergency Operations; and L0104: Exercise Design; and LO105: Public Information and Waming.
A travel approval request was submitted to the County Administrators office for consideration by the Board of Supervisors. ‘The expenses for this training can be charged to the Local Emergency Management Performance Grant.
‘The following prerequisite courses have been completed: F/1.0101 - Foundations of Emergency Management 10 days; IS-100— Introduction to the Incident Command System (ICS); 1S-700 — National Incident Management System (NIMS), An Introduction; IS- 800.b — National Response Framework, An Introduction; and IS-230.d— Fundamentals of Emergency Management.
Please let me know ifyou have any questions orneed any additional information. Thanks for the opportunity for you to consider this training request.
Jess Powers Russell County Emergency and Hazardous Materials Coordinator Russell County Government Center
131 Highland Drive, Room 183
P.O. Box 997
Lebanon, VA 24266
T: 276) 889-8247 ~ F: (276) 889-8248
Mobile: (276) 701-9775 ~ Dispatch: (276) 889-8033
Emergency Preparedness ~ be ready and prepared for seasonal inclement weather;
~ everyone’s responsibility;
~ get a family emergency and disaster plan; and
~ plan to be self-sufficient for at least the first 72 hours after emergency and/or disaster strikes.
Preparedness, wien propery pursed, isa way of ie, not a sudden response program,
~-r-- Original Message =----=–
; Registration for L0102 and/or L0103 From: “Taylor, Donna (VDEM)” <Donna. [email protected] gov> Date: 3/24/17 1:03 pm
‘Congratulations!
? You have been selected to enroll in the following EMPP Basic Academy courses, (Please see below for ‘detailed course descriptions.)
‘Apr 17-19, 2017 _L0102 Science of Disasters N. Chesterfield, VA ‘Apr 20-21, 2017 -—-‘L0103 Planning: Emergency Operations —_N. Chesterfield, VA August 14-15, 2017 L0104 Exercise Design N. Chesterfield, VA
{August 16-17, 2017 _L0105 Public Information and Warning N. Chesterfield, VA.
Please confirm your commitment to enroll by sending a reply email to me at ‘[email protected]. Please specify which course(s) you select. Please send your email confirmation to me by March 17, 2017.
{We will enter your enrollment in the Virginia Learning Center (VLC). A confirmation email will automatically be generated when this is complete, If you have decided not to enroll in any of these ‘classes, please let me know as well.
Again, congratulations!
Donna
/EMPP Basic Academy - Curriculum Overview
The EMPP Basic Academy is a five (5) course entry-level program for individuals pursuing a career in emergency management. It is also suitable for experienced emergency management personnel who want to expand their knowledge across all mission areas and contexts. ‘The first course in the program is
“L0101 Foundations of Emergency Management, which is required to enroll in the four subsequent
Jcourses. These subsequent courses build on the introductory concepts introduced in LO101 to provide | students with a more in-depth understanding in key knowledge areas.
i |Lo102 Science of Disaster (3 days): This course provides participants with an overview of scientific principles and concepts that come into play in the management of a wide range of disasters. Emergency \Inanagement professionals should have a baseline understanding of biological, chemical, and weather jrelated event. Students will learn the science behind events and disasters that shape our increasingly dangerous world.
0103 Planning: Emergency Operations (2 days): This course is designed to give students an | introduction to the basic concepts and steps involved in the planning aspects of emergency operations. {Planning is a critical component in the effective management of emergencies and their consequences. | Building on the core principles introduced in L0101, L0103 provides learners with a more in-depth exploration of the planning process and its critical role in all phases of emergency management.
0104 Exercise Design (2 days): Exercises are a fundamental component in the preparing for emergencies. This course provides learners with an introduction to the fundamentals of exercise design. ‘The course prepares students for participation in exercises as well as roles in the exercise implementation and evaluation processes.
|L0105 Public Information (2 days): This course introduces students to the role of the Public
Hnformation Officer (PIO) in emergency management. Students are also introduced to basic of the Hntegrated Public Alert and Warning System (IPAWS). |
| Donna Blankenship Taylor, Ph.D. | Academie Support Coordinator
’ Virginia Department of Emergency Management ‘goa 897-9843 (0)
[aw 385-6852 ()
|
INOTE: Ifyou need help or have questions about a VDEM course, please contact the Help Desk at 804-897-9995, 8-5 M- | Por email: [email protected]. j
Russell County Board of Supervisors i a 276-889-8000 Travel Request Approval Form- Grant Funded Training Opportunity
Department | Emergency Management
phone | (276) 701-9775 Email (optional) Destination
eS SE
| Daily Expenses | # of | type of Expense H Description of Expense _(Cecept hire). Days | Total Expenses | Amt Approved
JGround Transportation |
Meats and Tips Breakfast, Lunch, and Dinner i | $0.
|” Mileage to/from training location (Round trip 700.0 miles, 18 mpg, $2.099 per | gallon).
Employee Signature | ] Date Signed, 6/28/2017 Ico Admin Signature "Date Approved! ~* Employee must submit two signed copies at time of request*****
‘Subject: VDEM ADJUNCT INSTRUCTOR WORKSHOP AND DRIVER PREPAREDNESS REQUIREMENTS From: Clark, Ken (VDEM) ([email protected]) To:
Tom.Jordan@veem. virginia. gov; William.Chrimes@vdem. virginia.gov; Daniel. [email protected]; [email protected]; Donna. Taylor@vdem. virginia. gov;
2
Date: Monday, June 5, 2017 3:41 PM
Everyone here’s an update on some items you may have been contacted about previously.
First off, due to staff scheduling issues the Adjunct Instructor Workshop originally scheduled to be held in ‘Waynesboro will now be held at VDEM Trade Court Facility here in Chesterfield. (Still on Wednesday, July 26" from 9:00 am to 4:00pm.) This location change will allow more VDEM personnel (Administration, Response Division, HR, etc.) to participate in our program.
Please follow this link to complete a short Survey Monkey poll to tell us whether you plan to attend, whether you will need a direct-billed hotel room and any special dietary needs you may have for lunch. (If your attendance situation changes after completing the survey, please just let me know directly via email.)
‘hitps://www.surveymonkey.com/1/F2J6CQM
(Hotel confirmation info will be sent in early July for those needing a room.)
Secondly, some of you received an email on Friday June 2"4 regarding a new VDEM Driver Preparedness Program. At this time, that message was intended only for full-time VDEM staff but the VLC automatically included some Adjunct Instructors in the email distribution list. For now, you can distegard that message but the on-line courses may be required of some Adjuncts if their duties include occasional use of state vehicles. Mote info will be provided at the Adjunct Instructor Workshop as necessary.
Thanks, again and please be sure to respond the Survey Monkey poll using the link above, Even NO answers are useful information.
Ken Clark - VDEM TEED
Keoneth P Clark Training & Curriculum Development M
fraining, Education and Exercise Division
YOUR TRIP TO:
10501 Trade Ct, North Chesterfield, VA, 23236-3993
SHROMIN | 334MI &
Est. fuel cost: $19.00
4, Start out going east on Technology Park Dr toward Highland Dr. Then 0.14 miles
po % Tum right onta Hightand Dr. Then 0.20 miles
€__& Tek the tot loft onto E Main SVUS-19 Bus N Ifyou reach the end of E Main St you’ve gone about 0.2 miles too far.
Then 0.42 miles -
[> _& taints Psion Ba Pittston Rd is just past Hurt St.
Ifyou reach Haber Dr you’ve gone about 0.1 miles too far. Then 0.26 miles
ait Merge ono us-9s. Ifyou reach Regional Park Rd you’ve gone about 0.1 miles too far.
‘Then 20.53 miles
Stay straight to go onto Porterfield Hwy/US-58 Alt E.
Then 0.01 miles
€___ 7 Tumieftonto W Main StUS-11 N/US-19 NIUS-58 ALLE, Continue fo follow W Main SVUS-11 N/US-58 AItE,
‘Then 1.07 miles
Turn right onto Cummings SYUS-58 Alt E/VA-75. ‘Cummings St is just past Reservoir St NW.
t¥you are on W Main Stand reach College St NW you’ve gone about 0.1 miles too
‘Then 0.77 miles
git _8: Merge onto LN via the ramp onthe loft toward Roanoke. Ifyou reach Commerce Dr you’ve gone a title too far.
‘Then 204,25 miles
0.14 total mites
0.34 total miles
0.76 total miles
4.02 total mites
24.54 total miles
24.55 total miles
22.62 total milos
23.39 total miles
227.64 total miles
Book a hotel tonight and Car trouble mid-trip? save with some great deats! MapQuest Roadside pane, Assistance is here:
(1-888-461-3625)
MAY 08,2017
A regular monthly meeting of the Castlewood Water & Sewage Authority Board of Directors was held at the Castlewood Water Authority Building in St Paul, Virginia on Monday, May 8, 2017,
PRESENT; ABSENT: Darrell johnson, Chairman Crossroads Gary Dotson, Secretary / Treasurer
James Kiser; Member .
Darrell Puckett, Member
Bradley Patton, Member
Jeff Lewis, Member
Roy Markham
Stephen Mullins, Counsel : Mike Owens
Christina Rose
CALLED TQ ORDER: Called to order by Darrell johnson, Chairman @ 6:00 P.M. Gary Dotson led the prayer, Darrell johnson followed with the Pledge of Allegiance.
Re JA 1B Motion Motion by James Kiser, member, and second by, Bradley Patton, member and duly approved by all Board of Directors to approve the agenda, AYE: Darrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis. NAY: None
PUBLIC COMMENTS Kreida Hill (acctt# 015-0000522-2) wanted at adjustment on her account due to leak. ‘The authority deferred her to the office for adjustment,
Wayne and Kay Helbert inquired concerning the beginning date of the Dante to St. Paul sewer project.
GROSS ROADS Absent
ROY MARKHAM Rock Saw has been repaired and Little B Construction has agreed to haul it to Heralds Valley when we are ready
Meter installation is complete with the exception of a few small ports and master meters. | would like to ask the board’s permission to hire one new employee now and a temporary employee when school is out.
On page 7 of your packet, you will see a request for a donation from the Castlewood High School FBLA,
On page 8 thru 13 you will see a copy of the engagement letter from Robinson, Cox and Farmer to do the 2017 Audit:
in your packet you will ind 2 proposed 2017 ~ 2018 Budget. We will have a final for you next month to vote on, Look it over and let me know if you have questions.
Also you have in your packet a resolution of the Castlewood Water & Sewage Authority pertaining
tothe proposed merger. 5
APPROVAL FOR NEW HIRES Motion
Motion made by James Kiser, member, and second by Gary Dotson, member and duly approved by all Board of Directors to give Roy Markham permission to hire 1 part time employee and 1 summer temp employee, AYE: Darrell Johnson, James Kiser, Gary Dotson, Bradley Patton, Darrell Puckett, jeff Lewis. NAY: None
Ww Hit "He ih Motion Motion made by Gary Dotson, member, and second by Darrell Puckett, member and duly approved by all Board of Directors to give a donation in the amount of $200.00 to Castlewood High School FBLA.
AYE: Darrell johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis. NAY: None
Motion Motion made by Gary Dotson, member, and second by Bradley Patton, member and duly
Suproved by all Board of Directors to give a donation in the amount of $200.00 to Castlewood High
School history competition.
A¥E: Darrell Johason, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis.
NAY: None
ISON, Fé IER, TATES Motion Motion made by Bradley Patton, member, and second by Darrell Puckett, member and duly approved by all Board of Directors to authorize Robinson, Farmer, Cox Associates to do the audit for CWSA for the year 2016-2017 in the amount of $10,000.00. AYE: Darrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis. NAY: None
"LA EI FI Motion Motion made by James Kiser, member, and second by Bradley Patton, member and duly approved by all Board of Directors to allow and employee who has 5 years or more service, has edical insurance thru the authority and becomes disabled, or is diagnosed with a tertmind| ines, the authority will continue to provide insurance coverage for the employee as long as the employee pays their percentage of cost for up to one year
AYE: Darrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis, NAY: None
CLOSED SESSI Motion
Motion made by james Kiser, second by Bradley Patton and duly approved by all Board of Plvectors pursuant to 2.2-8711 of the Virginia Code to go into closed session at 7.38 Pam. to discuss the following exempt purposes: A1-Personnel,
Ai-Discussion , consideration, or interviews of prospective candidates. for employment; assignment, appointment, promotion, performance, demation, salaries disciplines, or resignation of Specific public officers, appointees, ot employees of any public body; and evalussion of performance Of departments or schools of public institutions of higher education where cack evaluation will perlite se ele discussion of the performance of specific individuals. “Any torches chal be permed to be present during a closed meeting in which there isa discussion or consideration ofa disciplinary matter that involves the teacher and some student and the student involved in the
‘matter is present, provided the teacher make a written request to be present to the presiding officer of the appropriate board.
AYE: Darrell Johnson, james Kiser, Darrell Puckett, Brad Patton, Gary Dotson, eff Lowis, Nay: None
ol Motior -
Motion nade by James Kiser, second by Brad Patton and duly approved by all Board of Directors to come out.of closed executive session AYE: Darrell Johnson, James Kiser, Darrell Puckett, Brad Patton, Gary Dotson, Jeff Lowis, Nay: None
Upon coming out of closed session, Chairman johnson took a roll call vate asking each member to certify that to the best of each ‘members knowledge (1) only public business matters lawfully
SEI Nv
Roll Call Vote:
AYE: Darrell Puckett AYE; Brad Patton AYE: Gary Dotson
AYE: James Kiser AYE: Jeff Lewis yA ROSE. E EMPL
Motion
Motion made by Bradley Patton, member, and second by Gary Dotson , member and duly approved by all Board of Directors to move Christina Rose to full time with bay rate of $10.50 per hr effective May 1,2017, after 60 days a increase to $11.00 per hr per evaluation,
AVE: Darrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis, NAY: None
APPROVAL, OF BOARD MINUTES Motion
Motion made by James Kiser, member, and second by Darrell Puckett, member, and duly approved by all Board of Directors to approve the minutes of the April 2017 beara meeting.
AYE: Darrell johnson, Gary Dotson, james Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis. NAY: None
PI F ACCO! PAYABL, Motion
Motion made by James Kiser, member, and second by Bradley Patton, member, and duly approved by all Board of Directors to approve accounts payable for April 2017,
AYE: Datrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis, WAY: None
PROV; NT ‘Motion
Motion made by Gary Dotson, member, and second by Darrell Puckett, member, and duly approved by all Board of Directors to approve accounts receivable for April 2017.
AXE: Darrell Johnson, Gary Dotson, James Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis, NAY: None
ADJOURN The meeting was adjourned at 8:37 pm, Motion made by James Kiser, member and second by Darrell Puckett,-member to adjourn and duly approved by all board members. AYE: Darrell Johnson, Gary Dotson, james Kiser, Bradley Patton, Darrell Puckett, Jeff Lewis. NAY: None
D.
Darrell Johmson/ehairman .
ok, KVR
Gray Dotson, Secrefhry/Treasurer
RUSSELL COUNTY CONFERENCE CENTER
June 1, 2017
The following is a lst of the Russell County Conference Center events for the month of June
Event Event Type ‘Space
lo
| Loti Stoots Individual Full | Graduation Party Event $125 — — | 06/04/17 Dustin Keith | Community Ful Throw Down Graduation Party | Event | Free osiog/t7 Rachel Patton Individual Full Power Welding Graduation Event 5 06/08/17 Charlotte Parsons Individual 4 | | HAL Business Meeting Event $75
osiioni7 Nikki Reynolds Individual Halt Birthday Party Event $100
o6ii1n7 Mallorie Street | Individual Ful Baby Shower | Event $125 | _
08/13/17 Sieve Dye Community Full We Gare Meeting Event Free $126
Vickie Porter Community — | Full
Faith Based Form Event | Free
| $126
— —t — 4 Erin Farmer | individu Full Lulapalooza | Event $125
own
osrt9t7
Kathryn Easton Frionds of The Library
Kevin Rowe CGI Training
Rick Cooper VA Gas and Oil Meeting
Sherry Lasley Family Reunion
Miranda Lester
Russell County Relay for Life
—-—
Community Event i
aT
Individuat
Event
Individual | Event
Individual
Event
Community Event
og2917
Jess Powers
VDEM Post Active Shooter Workshop
Total =
$2.065.00
$625
Final Total = $1,440.00
Individuat Event
THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMMISSION MET AT THE BONANZA RESTURANT IN LEBANON VIRGINIA ON JUNE 14" 2017
MEMBERS PRESENT: EUGENE FERGUSON EMORY ALTIZER ~— HENRY STINSON GARY DOTSON MIKE OQUINN TIMLOVELACE JEFF BUCHANAN — MIKE MUSICK GUARD RAILS: 1- GURAD RAILS THROUGHTOUT THE COUNTY EMERGENCY AREA’S BEING REPAIRED FIRST
2+ RT 604 JUST OFF ENTERANCE TO MOLL’S CREEK FOR APPROXIMATELY 400FT. NEEDS TO BE FILLED AND MARKERS INSTALLED.
3- DANTE ROANOKE HILL AT THE TOP THE HILL APPROXIMATELY 100 FEET OF GUARD RAIL NEEDS TO BE REPLACED RUSTED AND LOW TO THE GROUND
SHOULDER REPAIR AND POT HOLES:
d+ RT. 58 WEST BOUND LANE AT THE CASTLEWOOD RED LIGHT ROAD HOOVED UP
2- RT. 19 NORTH AT SOULS HARBOR CHURCH PAVEMENT SUNK DOWN
3- RT. 80 TOP OF HILL FROM RT.67 INTERSECTION ROAD RUFF AT DRAIN PIPE
4- RT. 19 SOUTH RIGHT LANE SMALL POT HOLES NEAR BRIDGE AND RT. 770
5- RT. 19 SOUTH SEVERAL POT HOLES NEAR ROSEDALE INTERSECTION
6- RT. 19/909 NORTH SEVERAL POT HOLES NEAR INDIAN HILLS SUBDIVISION
7- RT. 672 STUMP TOWN EDGE BREAKING OFF
8- RT. 613 THREE DROP OFF AREA’S BETWEEN THE FIRST HOUSE ON THE RIGHT & THE SWITCH BACK CURVE NEEDS WARNING SIGNS
9- RT. 19 NORTH/BUSINESS INTERSECTION POT HOLES NEAR RED LIGHT
10- RT. 58 WEST POT HOLE & PAVEMENT SINKING NEAR PIZZA HUT
111- CASTLEWOOD ROLLING HILLS SUBDV. ON HENLEY ST. POT HOLE & RUFF ROAD NEAR HOUSE #36
12- RT. 58 WEST SHOULDER BREAKING OFF JUST PASSED WEST VIEW SUBDIVISION
13-RT. 19 SOUTH POT HOLES NEAR THE WEIGH STATION
14-RT.67 POT HOLE & WATER CAUSING A PROBLEM AT RR CROSSING AROUND CURVE FROM DILLION QUARRY
15- RT. 669/668 BROOKER ROAD FOUR DEEP POT HOLES
16- RT. 58 EAST POT HOLE AT THE BOTTOM OF THE HILL NEAR BOLTON
SCHOOL BUS SAFETY AND OTHER CONCERNS: 4-RT. 633 CLARK VALLEY ROAD NEEDS A SCHOOL BUS SIGN IN A BLIND CURVE 2- RT. 19 CROSS OVER NEAR VALERO LOOSE GRAVEL NEEDS CLEANED UP & PAVED 3-RT. 816 LONG BRANCH NEEDS BRUSH CUT COMING OUT IN THE ROAD 4-RT. 65 AT THE BUFFALO INTERSECTION BRUSH NEEDS TO BE CUT CANNOT SEE ONCOMING TRAFFIC
5- RT. 635/67 HARD TO SEE ONCOMING TRAFFIC MAY NEED TO WIDEN INTERSRCTION VDOT TO EXPLORE
6- RT. 19 YATES ESTATE BRUSH NEEDS TO BE CUT
7- RT. 728 FLATS RD, A TV SERVICE CABLE IS TOO LOW CROSSING THE ROAD
- TUMBEZ HOLLOW WATER BACKING UP IN THE ROAD JUST OFF RT. 613 MAY NEED TO CLEAN OR REPLACE THE PIPE VDOT TO EXPLORE
9- RT. 618/870 BRUSH NEEDS TO BE REMOVED FROM THE BANK AND CURVE SIGNS PLACED ON BOTH ENDS OF THE CURVE FOR BETTER VISIBILITY OF THE INTERSECTION
10- RT. 683/TROUT POND SIGN HAS BEEN PAINTED ON ONE SIDE
14- RT. 67/634 ROAD WASHING OUT ON RT. 67
12- RT. 80 ABOVE 672 SOUTH NEEDS DRAIN PIPE EXTENDED
13- SPRING HILL SUBDIVISION NEEDS A SIGN AT THE STURN TRAFFIC GOING INTO A YARD
14- RT. 19 NORTH HUFFMAN HILL WASHING OUT
15- RT. 623 BRUSH COMING OUT INTO ROAD
16- RT. 651 BRUSH COMING OUT INTO ROAD
17- RT. 816 BRUSH COMING OUT INTO ROAD
18- RT. 18/58 WEST INTERSECTION SAFETY CONCERNS ABOUT MERGING TRAFFIC-NEED SIGNS AND/OR BETTER MARKING TO REMIND DRIVERS TO STAY IN LANE VDOT TO. EXPLORE
19- RT. 58/71 SOUTH CROSSOVER RUFF NEEDS PAVED
20- RT. 613/676 RUFF RIGHT LANE NEEDS TO BE PAVED MOCCASIN AT CAMPBELL’S ROAD
24- RT. 622 MILLER CR. SEVERAL NARROW PLACE’S NEED WARNING SIGNS INSTALLED
ITEMS REPORTED CORRECTED:
-RT. 614. 3/8 MILE FROM CARTERTON BRIDGE HAVE BEEN REPAIRED
2-RT. 61.4 DEBRI WASHED OUT INTO ROAD NEAR HOUSE #3509
3-RT. 662 SPRING CITY HILL NEEDS WIDENED & DEEP DITCH FILLED IN
4-RT. 668/662 CENTURY FARM ROAD BRUSH HAS BEEN TRIMMED FROM INTERSECTION
NEXT MEETING WILL BE SEPTEMBER 12" 2017. WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADS SAFE AND FOR OUR GUEST PARTICAPTION. SAFETY MATTERS!!! PREPARED BY GARY DOTSON
May 3, 2017
‘The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on May 3, 2017, at 5:00 P.M. at Bonanza Family Restaurant, Main Street, Lebanon, Virginia.
MEMBERS
PRESENT: Becki Joyce, Chairman. Roger Sword, Vice Chairman. Richard Lockridge, Member Ernie McFaddin, Member Carlton Elliott, Member Jarred Glass, Member
ABSENT: Scott Gilmer, Member Mike Hincher, Member David Mullins, Member
STAFF: Katie Patton, Attorney
GUESTS: ‘Tim Long, Sunset Digital
Mark Mitcheil, Russell County BOS Brad Cook, RCMC Foundation
The Chairman called the meeting to order at 5:04 P.M. Secretary called the roll and recorded the roll call.
APPROVAL OF MINUTES Upon motion made by Emie McFaddin, second by Richard Lockridge and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the minutes of April 13, 2017 meeting,
‘The Vote was: Aye: C. Elliott, E, McFaddin, R. Lockridge, R. Sword, J. Glass : D, Mullins, M. Hincher, 8, Gilmer
Page 2 May 3, 2017
FINANCIAL REPORT Financial report was presented by Carlton Elliott
Upon motion made by Richard Lockridge, second by Ernie McFaddin, and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the Financial Report of May 3, 2017 as presented with the addition of Beckie Joyce’s expense report.
‘The Vote was: Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass
PUBLIC COMMENT Brad Cook, RCMC Foundation, presented the goals of the foundation to assist in providing healthcare needs to the community. Mr. Cook asked the IDA to support their annual fundraising event as has been done in the past,
Mark Mitchell presented the need for a land grant from the IDA for the proposed CIT intake facility.
Upon motion made by Ernie McFaddin, second by Roger Sword and duly approved by the Industrial Development Authority of Russell County, Virginia to grant 1+/- acres, at the technology park, for the CIT facility subject to review of legal counsel.
The Vote was: Aye: C. Elliott, E, McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D. Mullins, M. Hincher, 8, Gilmer
Nay: None
CLOSED SESSION Upon motion made by Carlton Elliott, second by Richard Lockridge and duly approved by the Industrial Development Authority of Russell County, Virginia to go into Closed Session as permitted by, VA Code #2.2-3711 3) Property (5) Prospective unannounced industry (7) Legal Counsel.
‘The Vote was: Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass
Page 3 May 3, 2017
Absent: D. Mullins, M, Hincher, S. Gilmer Nay: None
RECONVENE TO PUBLIC SESSION Upon motion made by Roger Sword, second by Emie McFaddin, and duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested the “Certification Motion after reconvening in Public Session”.
The Vote was:
Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D. Mullins, M. Hincher, S. Gilmer
Nay: None
CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION ‘The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion.
The Roll Vote Was: Becki Joyce Yes Erie McFaddin Yes Carlton Elliott Yes Davis Mullins Absent Scott Gilmer Absent Roger Sword ‘Yes Mike Hincher Absent Richard Lockridge Yes
Jarred Glass Yes
MOTION FROM CLOSED SESSION Upon motion made by Roger Sword, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the IDA to submit a proposal for “Project Wire”
The Vote was: Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D, Mullins, M. Hincher, $. Gilmer
Nay: None
Page 4 May 3, 2017
COMMITTEE REPORTS ‘The automatic door system has been completed at the DSS building.
Lab 20 is in the process of updating the web site. Richard Lockridge is working on the CNT technologies.
OLD BUSINESS ‘The Slate Building project in Honaker has received a $30,000.00 grant for the initial study of the building.
‘The Tobacco Commission has approved the $25,000.00 grant for the Veterinarian Project in Honaker.
‘The IDA has applied for a $100,000.00 grant to install a wireless internet tower in the Finney area by I-Go Clear.
NEW BUSINESS ‘The Town of Lebanon is requesting a contribution of $5,000.00 toward the Downtown Revitalization Project.
Upon motion made by Roger Sword, second by Ernie McFaddin and duly approved by the Industrial Development Authority of Russell County, Virginia to contribute $5,000.00 to the Town of Lebanon for the Downtown Revitalization Project.
‘The Vote was:
Aye: C. Elliott, E, McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D, Mullins, M. Hincher, 8. Gilmer
Nay: None
Upon motion made by Carlton Elliott, second by Ernie McFaddin and duly approved by the Industrial Development Authority of Russell County, Virginia to contribute $1,000.00 to the RCMC Foundation for the annual fundraising event.
The Vote was: Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass . Mullins, M. Hincher, S. Gilmer
Page 5 May 3, 2017
Upon motion made by Roger Sword, second by Richard Lockridge and duly approved by the Industrial Development Authority of Russell County, Virginia to renew the insurance policy with VACORP
The Vote was:
Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D. Mullins, M. Hincher, $. Gilmer
Nay: None
ADJOURNMENT Upon motion made by Roger Sword, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 9:13 PM.
The Vote was:
Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass Absent: D. Mullins, M. Hincher, 8. Gilmer
Nay: None
May 18, 2017
The Special Called Meeting of the Industrial Development Authority of Russell County, Virginia was held on May 18, 2017, at 5:00 P.M. at Southwest Virginia Higher Education Center, Lebanon, VA.
MEMBERS,
PRESENT: Becki Joyce, Chairman. Roger Sword, Vice Chairman Richard Lockridge, Member Ernie McFaddin, Member Carlton Elliott, Member David Mullins, Member Jarred Glass, Member
ABSENT: Scott Gilmer, Member Mike Hincher, Member
STAFF: Katie Patton, Attorney Rhonda Smith, Chafin Law Firm
‘The Chairman called the meeting to order at 5:05 P.M.
Secretary called the roll and recorded the roll call.
CLOSED SESSION Upon motion made by Carlton Elliott, second by Richard Lockridge and duly approved by the Industrial Development Authority of Russell County, Virginia to go into Closed Session as permitted by, VA Code #2.2-3711 @G) Property (5) Prospective unannounced industry (7) Legal Counsel.
The Vote was: Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass, D. Mullins Absent: M. Hincher, 8. Gilmer
Nay: None
Page 2 May 18, 2017
RECONVENE TO PUBLIC SESSION Upon motion made by Roger Sword, second by Ernie McFaddin, and duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested the “Certification Motion after reconvening in Public Session”.
The Vote was:
Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass, D. Mullins Absent: M. Hincher, S. Gilmer
Nay: None
CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion. The Roll Vote Was:
Becki Joyce Yes Ernie McFaddin Yes Carlton Elliott Yes Davis Mullins Yes Scott Gilmer Absent Roger Sword Yes Mike Hincher Absent Richard Lockridge Yes
Jarred Glass ‘Yes
ADJOURNMENT
Upon motion made by Carlton Elliott, second by Richard Lockridge, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 7:03 PM.
The Vote was:
Aye: C. Elliott, E. McFaddin, R. Lockridge, R. Sword, J. Glass, D, Mullins Abser |. Hincher, S, Gilmer
Nay: None
RUSSELL COUNTY P.8.A. Monthly Meeting - ‘The Board of Direotor
Sune 20, 2017 AGENDA
- Call to Order
- Welcome
- Visitors: Rita Baker & Danny Stanley with T&L. 4, Pledge of Allegiance 5… Minutes of May, 2017
- Financial Report— Harvey Hart General Acct (Register: 1010) May, 2017 | Check # [19662 [19716 [$ 313,287.43] Environmental Waste Acct. (Register 1060) | May.2017_| Check # [120 [121 [$133,632.59 Long Term Operating Debt Acct May. 2017 | Check # 1103 |S 2,247.94 7, Profit & Loss Review & Water Loss__ Review
- Past due Water Customers Review
PROGRESS REPORT ON WATER PROJECTS:
1, Ré. 656 Bast Extension - project started Sept, 2016 —close to completion all but paving
I-Pearl Meters —
New Business:
A. Glade Hollow/Glade Hill -DWSRF initial offer B, Mtn. Meadows - C. Rt. 656~
‘Old Business:
‘Meeting Adjourned —Next board meeting July 17, 2017 - 6:00 pm - 137 Highland Dr. Lebanon, VA.
(Government Center)
RUSSELL COUNTY PUBLIC SERVICE AUTHORITY Monthly Meeting of the Board of Directors
May 15, 2017
MEMBERS PRESENT MEMBERS ABSENT
Carter MeGlothlin Clifford Hess
Donnie Christian
Larry MeGlothlin
Steve Newberry
James Kiser
Harvey Hart
Visitor’s: Rita Baker and Danny Stanley with T&L
Meeting called to order by Carter McGiothlin at 6:02 pn. Prayer: Board
Pledge of Allegiance: Board
Minutes — April 2017 reviewed by Board — Motion approved by Clifford Hess, second by Larry McGllothlin, Passed Yes-6~No-0
Adjournment ~ Motion made by Carter MoGlothlin, second by Donnie Christian at 6:40 pm
Financial Report: Financial Report given by Harvey Hert. Motion to approve by Donnie Christian, second by Clifford Hess ~ Motion passed Yes-6 -No-O
Amendments to Agenda: Operations Acct, Apr, 2017 Check # | 19294 19661 Environmental Waste Acct. | Apr. 2017 Check? [120 Tai Long Term Debt Acct ‘Apr. 2017 Check # 1103 REVIEWE!
CHECKS: ~ Given by Harvey Hart— Reviewed by Board PROFIT AND LOSS: — Given by Harvey Hart — Reviewed by Board WATER LOSS: — Given by Harvey Hart ~ Reviewed by Board
PAST DUE ACCT: ~ Reviewed by Board
PROJECT UPDATE:
Route 656 Bast Extension ~ Project close to completion — all but paving Pearl Radio Read Meters - Installing meters 200 of 1200 installed
Fincastle Project ~ should close in fuly.
NEW PROJECTS: Waiting on funding:
Fincastle
Route 603
Tank to Arrowhead Subdivision Russell County Trash Sites
‘NEW BUSINESS:
1, Budget Board reviewed budget and voted to pass Yes-6 ~ No-0, Motion made to approve by Clifford Hess, second by Donnie Christian.
OLD BUSINESS: ‘Next Board meeting June 20, 2017 6:00 pm_~ 137 Highland Dr. Lebanon, VA
*Regular board meeting June 19, 2017 meeting was rescheduled
Carter McGlothlin Chairman RCPSA.
Operating Account Balance as of 08/3/17: $152,773.04 Date: 05/01/17 to 06/31/47
Dato | RefNo. Payes Moma Payment | Deposit | Balance losvor2077 [ote862” [GARD SERVICES CENTER [2,292.72 [st0.aeae7 josiozraoi7 [050217 [Global Payments [60-17 00,984.46 losvoarao7 [AFLAC [589.28 [309,585.20 lesioazor7 |7e844 —_ |RITAG. BOSTIO [osroa/207 lrra.66 308,670.64 fosroarzot7 [iesas [RICHARD F. GARRETT _|os/ow20i7 jaz2.06 308,107.68, fosioarzot7 |feaaa [MR BRANDONE GENT |ovoai2017 latt.or 07,776.56 josroarzotr [Tosa7” [TRACY GRADY josvosre0t7 staat [06,956.67 fosioaraot7”|1eaa8 [HARVEY D. HART [osiaso07 freer 205,772.56 fosroarzor7 [19340 [MR TIMOTHY AHONAKER |osi0e2017 H02468 304,687.53 josroaraor7 [19350 [JANES E. HORN osioa20%7 18.10 368,769.74 losiosrzor7 [1951 [DAVIDW. HUGHES josroerz0%7 forgar 308,258.47 losroe/zo17 [19352 [ROBERT KEENE fosraaraatr fi178.08 [p02,07643 losroero17 [16353 [RHONOAL LESTER osioaiaor7 759.98 [301,286.46 (osroara0t7 [18384 [CARL AL RHEA. osioeraor7 [336.02 [a00,952.43 [osvoorz017 [18356 [WR DAVID CROBINSON |osroei20i7, [749.16 [300,208.27 losiosva017 [19386 | EARLY G SAGE josvo8/2017 [e2e.77 260,676.65 losioara017 [19887 [LUTHER SAULS. fosvoara017 22-60 [298,855.97 [asos/2017 [19966 |BRADL, SHORTT [savoer2017 86.88 208,267.04 Jostoareor7 [19969 [OHADL SHORTT fasrosr2017 790.44 [297,986.60 Josvosr0i7[19900[EDNAF. VANE fostoera017 e840 [as7. 10220 josroamzot7 [1961 |MR BLAKE’S VATES [osioeo17 e087 (298,288.63 fosritraot7 [area IERICAN EXPRESS [sizor (206,421.62 losritra0t7 [019663 [EARLY G SAGE [500.00 [204,001.62 fosriara0i7 |May-17 [VRS [5a5aa [200,209.44 fosrizmoi7 [8 RS Tax Pym 5.29 [200,258.85 fosniara0i7 |e TRS Tex Py [4e7208 [286,641.78 losriamaoi7 [10362 JAMES RIGER josrtaraot7 44.70. [286,407.08 josnisraot7 jo [Chia Supper Pye [4.78 205,952.30, josiisraotr[oteees [Carter NeGiotiin [Director Foes: [200.00 [286,162.20 fosrisraoty [oreses [cilford Hoss [Birector Fees [200.00 [284,962.90 losrisraoi7[o1e868 [Donnie Chistian [Director Fees: [200.00 64,762.20 losrisraot7 [019867 |Lany A McGiotnin [Birecor Fees [200.00 [2e4,562.30 losrisraoi7 [o1a868 Steve Newberry [Director Fees 200.00 [284,357.30 losraera0%7 RCBOS [peaa7 86 [318,100.18 losrier20t7 [70 [WA Tax Pye 75086 [512,420.52 losir7/20%7 [SONSTRUCTION [2071.64 [288,002.16 losit7e017 {o1e86a—|SEVERADO. Zn) EG 362,500.71 losrivia0%7 |019670 [APPALACHIAN POWER iai5.28 62.080.48 josrierzot? Joteart _[SERVICES, ING. Fi370.00 90,779.48 losii7moi7 [o1se72 [VIRGINA [sre7000 estar 380,768.17 fosrivizot7 |o1a67s __[EDILLON & COMPANY. fiit3.12 [29,054.99 losri7iaot7 |oteer4 [RINGSPORT [sTOaS-0T lei2e [926,990.76 losni7raot7 Jorea7s LT jexiaw 96.70 [s26,204.08 josnizraor7 forser6 [SOLUTIONS 780.00 [s27.446.08 losit7/a017 [018677 | SERVICE, INC. [4500.00 [372,944.08 [osrt7r20t7 [019878 [Electronics Inc. 250.60 [322,684.08 fosrivraot7 [o1e87@ [C&M AUTO PARTS, LTD. 4a [322,600.65 fosri7/2017|o70880 [LEBANON BLOOK & SUPPLY, 20.00 jan2,50063 josrizaor7 Joresst—JBENEFTS 300.14 (az2, (1048 josriviaoi7 |o1s8s2 [Garden Rosove Squad) [Buford Soawaight ACaL HAGA? [117.12 321,908.37 fosri7rao17 Joreses —[ORKIN-BISTOL, TW ise89 321,936.48
[parirni7 [oresea TNC. ease 32,7108 fosrivreoir [019685 {BANK 16.59 [921,154.10 locrivizot7_[o1see8 [SERVICE AUTHORTTY 0,010.86 [300,284.64 losit7ieo17_jotaser | rive WARNER GABLE la.6t 00,782.60 los/iviactr [ote6e8 | TOWN OF HONAKER. lsaae7 299,269.23 fosri72017 [018660 [VERIZON [st5.47 [208,617.76 losri7ra0i7” [016680 [PROTECTION SERVICE, INC] isa. [288,557.04 losmtaraniy_[Oste201708]ALLY (20.47 208,528.47 lositeaoi7 [VSP VISION GARE om 288,464.08, losrrerzor7 [o1a61 [TOWN OF LEBANON, [516.70 2a2.848.27 losrazizot7 |oszot7 [NEW PEOPLES BANK 6.88 [252,001.64 fosrasra0%7 [19963 [RITA G. BOSTIC. [OsIS0B017 e578 [201,948,78 josizaraot7 [19964 [RICHARD F. GARRETT __|08i2072017 [18.68 [201,526.10 josraarootr [19965 [WR BRANDONE GENT [os/zom2017 [38.06 fast.137.04 losroarzoi7 |te366 [TRACY GRADY losranr0%7 [so2.83 [200,584 [osrasi2017 [10567 [HARVEY D. HART fosrar2017 Hia76Bs 269,058.58 erzaro0i7 [18968 |WRTIMOTHY A HONAKER [05072017 098-79 [2ne,024.64 lasaaaor7 [16369 |JAMES E HORN josra0r2017 lasr 6a [287,566.90 lesnanor7 [16570 [DAVID W, HUGHES fosraora0t7 frost [208,682.73 losrasra0i7 [19871 | RHONDA. LESTER fosv20r207 79.87 [285,742.76 josroara0x7 [19572 [GARL H. RHEA fosre0r2017 9037 [285 459.30 losraara017 [18373 JMRDAVID C ROBINON JosZorz017. 133.87 264,718.42 losiasia017 [79974 [EARLY G SAGE osra0a0%7 [80.86 264,967.54 losreaoty|tea75 {LUTHER SAULS josra0r20%7 fse.83 [283,500.71 losizara0i7 [19376 |BRADL. SHORTT josr20r2017 eso. [252,950.02 josraaraoty|Yea77 JENA. VANCE fosr2072017 e946 [262,055.63 josraaraoi7 [ias7e [Mi BLAKE S YATES: [osro0re0%7 ar82 iat 220.8% fosrasra0i7 [ANTHEM DENTAL 8.50 2 146.31 losvasront7 [078882 |ANTHEM BOBS [soa.70 260,561.64 losiaamani7 [016803 BLUE SHIELD 78400 [2s8,767.84 losizamgor7 [019694 |APPALACHIAN POWER fist3.88 [258,865.75 losizareorr [019695 [BLUE MEDIOARERX Ex [268,788.43 josrearaot7_jo1e666 [SERVICES, INC. 468.80 [268,908.68 josrearaoi7[ovess7 [VU OPTINET [aoa [269,269.47 Josveara0t7 Joiseae [GARD SERVICES CENTER (207873, [281,106.44 fosvaara0%7_Jo19838—|EDILLON & COMPANY [13 6,166.26 losioar20i7 |01e700 —Eteabetn Duly F875 [251,141.64 12412017 ]019701 [KINGSPORT [s10a6-04 [50.16 1260,672.35 sraara0t7 |ois7oz [LID [eziow [54027 [254.229,08 [osrearzot7 |ots7as [SOLUTIONS [3476 [262,680.35 josraarzo17 jote7o4 [SERVIGE, ING” ied o [252.080.8, [osrear2017|o19705 [JOHN DEERE FINANCIAL [280 [252,855.48 [osraaraor7”jore70s [LM AUTO PARTS, LTD aay [252,616.78 losreara017 [019707 [LEBANON BLOCK & SUPPLY 160.44 [252,488.65 josraara0i7 [o1s708 [BENEFITS [05.16 [252,080.60 josvasra017 [010708 RAVEN SUPER MARKET fast22 [251,776.28 losraamz017 [018710" |Russot Gounty Treaeurer [76.00 [251,704.26 losrearanir [orert1 linc. faiaon [251 460.84 losrearor7[otari2 | TECHNOLOGIES, ING |RUSSTI 62.60 [257,408.84 2472017 [019713 TIME WARNER CABLE Bra. [261,032.69 josr2ar2017[ote7i4 [VERIZON WIRELESS 26.27 250,708.42 fosreaaor7 [078715 [HARDWARE is 40 1350,500.96, josreara0i7 [019746 |Wythevile Office Supply, ina [3073 lasa7 [250,614.38 josraaraoi7[os2417 [RURAL DEVELOPMENT [s00.06 [247,008,539
[oaizaraory [oszai7 [NEW PEOPLES BANK F.06 EES josrasraor7 |i [RS Tex Payment 8.38 246.914 98 fosiasrant7 [te [chia Support Payment 4478 [248,770.19 lonrasrot7 [18 [RS Tax Payment [4051.16 202,719.08 Josrasraot7_[ees088 |AUTHORITY 16,604.83, zr 12424 fostasr2017 foesve0 AUTHORITY 15,741.28 7,982.98 josrasr2017_|59s002 _~ JAUTHORITY, [3907 2i8.008.16
3/25/2017 [908007 [AUTHORITY [2663.08 [216,360.08 josmaera07 [14 [vA Tax Payment e568 [pra7ia.10 [osraorzot7 |osso17 [RURAL DEVELOPMENT 543.00 [214,t70.10 [osrsarzot7 |aotrosteoo|ALLy sara [2t3,242.74 fosret2017 leaaae.0e_|512.367.7 josratrantr [TOWN OF HONAKER (aene7_|ata.ze7.4d [osata0%7 NEW PEOPLES BANK [a6 [s13.28749,
Environmental Waste Account Balance ae of 06/19/17 : $193,632.69 Date: 05/04/17 to 05/34/17
Dato | RefNo. | Payee | Memo | Payment | Deposit | Balance fosrosr20t7 2,311.90 [729,407.48 fosrtara0t7 1,482.88 [180,890.46 fosrraraot7 fs0.78 [180,001.24 losrteraot7 939088 [182,000.82 losrisraor7 ration (199,002.04 losratr20t7 488.75 _ [198,682.68
Long Term Debt Account
Balance as of 06/13/17: $2,247.94 Date: 05/01/17 to 05/31/47
Dato
RefNo.
Payee,
Memo
Payment
Deposit
Balance
[osrrz2017
7500.00
2247.94
Russell County Public Service Authority - Operating
PROFIT AND LOSS May 2017 TOTAL TAY 2017 TUL 2016 MAY 2017 TD) INCOME 4000.11 Water Revenue - Pump 1 48,941.10 921,908.10 4000.12 Weter Revenue - Pump 2 24,191.16 69,402.14 4000,13 Water Revenue - Pump 3 4,164.64 11,228.54 4000.14 Water Revenue - Pump 4 2473.38 8,118.43 4000.18 Water Revenue - Pump 5. 13,000.79 40,285.63 4000.16 Water Revenue - Pump 6 5,273.54 14,365.76 4000.2 Sewer Revenue 739.37 7,018.50 4000.3 Hookup Fees Revenue 8,315.00 19,569.62 4000.4 Reconnect Revenue 1,690.69, 4000.5 Trash Revenue 6,604.99 9,885.16 4000.8 Late Fee Revenue 1,910.14 (22,600.39 4000.7 Miscellaneous Revenue 1,017.35 11,868.65, 4000.8 Transfer Fee (288.25 568.25 4000.9 Return Check/Roturn Check Foe 162.00 4001.1 Credit Card Fee/Water 686.00 1,416.00 4001.2 Credit Card Fee/Hook-Up 8,00 9,00 4001.8 Credit Card Fee/Trash 15.00 39.00 4001.4 Credit Card Feo!Supplies 3.00 4100.0 interest income 455.61 4500.0 Government Income (Reimbursemen 28,827.88 371,534.18 45100 Job Income 0.09 Ti me $196,451.59 $1,505,676.65 a) $7,605,676.65. EXPENSES (2430.0 401K CONTRIBUTIONS 4,709.37 3418.74 2981.0 NIP Ally Financial 2013 @MO 1,826.64 6000.0 Salaries & Wages 18,827.99 6010.0 Payroll Taxes 29.65 8030.0 UNIFORMS 191.59 2,388.12 6031.0 EMPLOYEE DRUG SCREENING 170.00 6040.0 LIFE INSURANCE 201.95 4,092.08 60400 Bank Service Charges 921.86 6050.0 Employee Health Insurance 8,426.35 36,727.62 6050.2 ELECTRIC-PUMP 2 18.13 6055.0 HEALTH INSURANCE CREDIT 26.03 541.35, 6080.0 Dental Insurance 83.50 1,162.39 6070.0 RETIREMENT PLAN 977.42 33,920.65 8080.0 SHORT TERM DISABILITY 143.80 1,782.39 8090.0 CONTRACT LABOR 240,00 6100.0 Worker’s Compensation 10,587.75, 8110.0 TELEPHONE OFFICE 1,094.60 7,418.84 8120.0 TELEPHONE-CELL 686.41 4,111.02
Acerual Basis Tuesday, June 13, 2017 12:14 PM GIT-7 oT)
TOTAL
MAY 2017 ‘JUL 2018 - MAY 2077 (YTD) 6190-1 TELEPHONE-PUMP 1 7058 6038.17 6130.2 TELEPHONE-PUMP 2 119.63, 1,826.68 6180.5 TELEPHONE-PUMP 5 73.47 879.79 6186.1 TELEPHONE-TANK 1 95.70 1151.19, 6195.2 TELEPHONE-TANK 2 TAT 879.79 8195.5 TELEPHONE-TANK 5 7347 879.79 6140.0 ELECTRIC OFFICE 725 1,895.98 6140.1 ELECTRIC - HONAKER SHOP 149.26, 6150.1 ELECTRIC PUNP 4,012.86 10,988.14 6150.2 ELECTRIC PUMP 2 402.20 4499.22 6150.5 ELECTRIC PUMP 5 419.99 5,067.18 8150.6 ELECTRIC PUMP 6 48,05 422.22 6160.1 ELECTRIC TANK 1 221.07 2,988.12 6160.2 ELECTRIC TANK 2 11.58 187.07 6160.5 ELECTRIC TANK 5 908.47 287748 6160.6 ELECTRIC TANK 6 22.25 22.25 6171.1 UTILITIES WATER HONAKER SHOP. 108.74 934.38 6180.0 Chemicals 190.00 6185.1 SAMPLES-PUMP 1 369.86 1,977.88 6185.2 SAMPLE-PUMP 2 909.11 1,095.11 6185.5 SAMPLES- PUMP 5 957.01 48715 6185,7 SAMPLES - CLEVELAND SCHOOL 316.81 31681 6190.0 MONITORING 120.60 930.45 6200.0 SUPPLIES 455.80 14,288.98 6206.0 R&M OFFICE, 945.18, 4,028.24 6210.0 RAM SYSTEM 11,228.88 28,109.25 6210.1 RAM PUMP 1 284.13 8,770.74 6210.2 RAM PUMP 2 7.96 3,782.16 6210.5 R&M PUMP 5 953.99 6210.6 R&M PUMP 6 216.25 6215.6 R&M NEW GARDEN TANK 31.48 31.48 6220.0 R&M EQUIPMENT 96.29 13,690.85 6240.0 GAS, OIL, GREASE 1,426.51 19,608.51 6260.0 OFFICE SUPPLIES 1,862.44 6,079.16 6270.0 POSTAGE. & DELIVERY 987.26 10,744.87 6280.0 PRINTING & REPRODUCTION 1,976.91 6300.0 ACCOUNTING FEES 750.00 27,000.00 6820.0 Water Works Operation Fees 160.00 6320.1 WATER WORKS OPERATION SWORDS CR 3,829.10 6320.2 WATER WORKS OPERATION-BELFAST 2,085.00 6320.5 WATER WORKS OPERATION-HANSONVIL, 985.0 6820.6 WATER WORKS OPERATION-NEW GARDE 998.25 6940.0 Small Tools & Equipment 2,781.00 6390.0 ADVERTISEMENT. 4,878.00 6420.0 Service Charges 603.21 979.08 6490.0 DUES & SUBSCRIPTIONS 76.00 4,457.50 6450.0 JANITORIAL, 161.10 1,818.67 {80000 Payroll Expenses 39,800.48 516,427.16 7000.1 WATER PURCHASES #1 14,287.42 151,784.22
Accrual Basis Tuesday, June 13,2017 12:14 PM G6T-7 218
TOTAL
MAY 2017 JUL 2016- MAY 2017 (YTD) 7000.2 WATER PURCHASE #2 6906.24 B772.77 7000.5 WATER PURCHASES HANSONVILLE 5618.79 67,877.67 7100.0 SEWER FEES 8,172.88 8000.0 CUSTOMER DEPOSIT REFUNDS 499.18 DIRECTOR FEES 4,000.00 42,400.00 ‘Employee Dental Insurance 982.40 Interest Expense 478.82 Reimbursements
“$100,401.76 $1,169,072.74
$836,608.91 OTHER INCOME 1256.0 Due From Construction 210,256.99 “Total Other Income ~ — ~ ‘$210,255.98 OTHER EXPENSES 2510.0 NP SWORDS CREEK 8,609.00 39,699.00 2610.0 NP DRILL PROJECT 18,551.27 2611.0 N/P HIGHLAND ACRES/YATES WSL-16 8,889.7 6,679.53 2612.0 N/P MILLER CREEK/FRANK’S/HONEY 13,850.40 2613.0 NIP BIG A MTN, PHASE | WSL-1-9 18,594.88 31,189.67 2616.0 NIP BELFAST 55,415.08 2617.0 NP ROSEDALE 63,857.24 2618.0 N/P NEW GARDEN/FINNEY 17,988.72 2619.0 NIP MAINS LINE WSL-40-19E 109,970.97 2620.0 N/P GREEN VALLEY ESTATES 6,795.60 2690.0 N/P SOUTH RIVER PROJECT 3,047.97 2635.0 WP LONG BRANCH PROJECT 2,663.08 5,826.18 2640.0 N/P PINE CREEK 5,741.28 11,482.57 2641.0 NIP VRA MOUNTAIN MEADOWS 2,095.98 2650.0 NIP Clarks Valley Project 27,412.18 2660.0 N/P LYNN SPRING PROJECT 543.00 5,480.00 2927.0 NIP VSA BIG A MTN PHASE IL 25,579.79 2990.0 IP GREEN VALLEY WEST 85,825.50 2098.0 N/P BACK VALLEY 10,840.90 2984.0 WIP ALLY NEW TRUCK 9021.19 5295.0 CUSTOMER REFUND DEPOSIT or.42 “Total Other Expenses ~ $403,522.74 “NET OTHER INCOME ~~ 066.75 “NET INCOME $83,497.16
‘Accrual Basis Tuesday, June 18, 2017 12:11 PM GMT-7 38
Russell County Public Service Authority - Construction
PROFIT AND LOSS: May 2017 TOTAL MAY 2017 TUL 2016 - WAY 2017 (YTD) INCOME 4448.0 Contributions - Govt 115,614.89 4300.0 Loan Proceeds 24,110.47 436,663.36 4400.0 Nise. income 22,278.53 219,469.64
“GROSS PROF $53,081.18 EXPENSES 5500.0 Project Expenses 99,778.84 02,582.84 6000.0 Salaries - General Consruction 2,426.00 31,974.40 6030.0 Uniforms 784.98 estar 8090.0 Contract Labor 912.50 {8101.0 Employee Soreening 226.00 6110.0 Telephone Lebanon Shop 2,257.56 6110.1 Telephone Honaker Shop 286.17 6120.0 Teleptione Cell 355,73 3,756.07 6140.0 Electiic Lebanon Shop 73.59 1,810.84 6140.1 Electric Honaker Shop 52.93 745.27 6140.2 Electtio Temp Office 70.60 807.00 6180.0 Intormet Lebanon Shop 49.95 550.95 6171.0 Water Lebanon Shop 46.50 530.48 6171.1 Water Honaker Shop 959.22 6178.0 Trash Lebanon Shop 29.0 483.50 6175.1 ‘Trash Honaker Shop 75.00 825.00 6200.0 Supplies 86.08 9,868.36 6206.0 Repalr & Maintenance Ottice 1840.75 1,942.75 6220.0 Repair & Maint 1,684.98 24,967.26 6240.0 Gas, Oil, Grease 1,849.44 15,695.62 6260.0 Office Supplies, 708.42 2,959.24 6270.0 Postage & Dollvery 39.00 602.85 6800.0 Accounting Services, 9,500.00 6840.0 Small Toots & Equipment 4,046.92 8370.0 Rent Lebanon Shop 599.70 5,165.70 6870 Rent Honaker Shop 3,000.00 6390.0 Advertising 600.15 6420.0 Finance/Sarvice Charges 564,80 1,000.42 £6490.0 Dues/Subsctiptions 75.00 75.00 {6445.0 License/Tags/inspections 208.00 6446.0 Permit Fees 750.00 9001.0 Transfer Out To PSA 415,614.89
$7,039,208.38 310.47
‘Accrual Basis Tussday, June 1, 2017 08:12 AM GNT-7 aa
TOTAL
MAY 2017 JUL 2016 - MAY 2017 (YTO)
NET INCOME $9,520.64 $-7ea1047
Accrual Basis Tuesday, June 18, 2017 08:12 AM GNT-7 2p
Russell County Health & Fitness
/ i i i : June 2017 i : ne a i Membership (
a ATED Dec January | February | March. | April May : Members / Class Packages 93| 92 101 124 131 126 129 29 166 Pay Per Class 1 5 18 22 19 26 25 Z 2 Total Engagement 104| 97 119 146 150 152 154 136 188
i i ‘ f 5 Sales : ROBE Sales Month to Date * $3,542.35 | $2,039 | $2,542.64 | $3,423.00 | $ 3,622.00 _| $3,438.00 | $3,024.00 | $2,766.00 | $4,094.50 eG : Payroll. i a : ] Instructor /Trainer Payroll | __$2,143 | $1,625 | _$4,455 | $2,405.00 | $ 1,635.00 _| $1,615.00 | $1,730.00 | $1,235.00 | $1,345.00
- Reporting from 5/26/17 to 6/30/17
- student athlete classes and men’s classes boosting membership & sales
MINUTES Russell County Tourism Committee Regular Meeting May 16, 2017 11:00am Vincent’s Vineyard
Members Present: Alice Meade, Jim Lyttle, Betsy Gilmer, Ann Monk, Jennifer Chumbley, Jackie Hubbard, Susan Hilton, Donna Meade, Jeff Hess, Kathy Stewart, Patsy Phillips
Guests: Angie Carpenter, Helen Owens
Ex-Officio: Kim Short, Lou Ann Wallace
Meeting calied to order by Alice Meade Motion to approve agenda by Donna Meade, seconded by Betsy Gilmer, motion passes. Motion to approve April 18, 2017 minutes by Donna Meade, seconded by Jim Lyttle, motion passes.
Motion to approve April 26, 2017 Special Meeting Minutes by Jennifer Chumbley, seconded by Ann. Monk, motion passes.
Kim Short discussed the approval of the by-laws at the special meeting on April 26, 2017. Committee discussed sending a letter and copy of new by-laws to Becki Joyce and Yvonne Rutherford to confirm if they wish to remain on the Tourism Committee. Angela Carpenter spoke of her interest in becoming a committee member, she currently works at the Chamber of Commerce. Susan Hilton advised the committee that Chance Dye of Honaker maybe interested in becoming a member to fill the vacant Honaker Representative spot on the committee. Jim Lyttle made a motion to send a letter and copy of the by-laws to Becki Joyce and Yvonne Rutherford to confirm if they want to remain on the committee, seconded by Betsy Gilmer, motion passed.
‘Susan Hilton spoke about the committee’s decision to allow conference calls per by-laws and advised she could set up a conference line for use by the committee.
kim Short advised the committee of the VA Cattlemen’s Field Day, which will be July 7, 2017 at 11:00am, sponsored by Stuart Land and Cattle Company. Expected attendance will be 700-1000 people including the President of the Department of Agriculture and cattlemen from many states. The event will include food catering, live music, vendors, bus tours of the county, and is invitation (RSVP) only. Kim spoke about RC Tourism Committee setting up a booth at the event and the need for volunteers to maintain the booth.
Kim Short discussed the Destination Planning Process that involves a Tobacco Commission Grant for Heart of Appalachia to identify and assess a marketing plan throughout the county.
Jennifer Chumbley spoke about the progress in Cleveland and upcoming construction for new campground, park and swinging bridge as well as walking trail by Tank Hollow Falls.
Donna Meade spoke about the upcoming “Dinner on the Grounds” on May 20" with the LOVEworks dedication at 2:00pm, tickets are still on sale for the luncheon. Donna spoke about the Health Coalition Dinner, which will be held near the Court House in Lebanon on August 26th.
Jackie Hubbard advised that the Farmer’s Market in Lebanon is now open for the season.
Kathy Stewart spoke about the upcoming Clinch River Days Festival in St Paul and the St. Paul - Breaks Interstate Park 2017 Guided Bus Tours beginning with Coal Heritage Trail Tour on June 2" the Museums & Flannagan Dam tour on July 15", the evening Elk Tour on September 16" and the Festivals on October 7”
Lou Ann Wallace spoke about the Mountains of Music Homecoming and all the great events, this year will include a free Sunday on the Clinch,
Kim Short remined the committee of the Beartown Hike on June 13°,
Susan Hilton remined the committee of Guitars and Goodtimes on June 2" and RCMC Relay for Life on June 10".
Donna Meade remined the committee of the Bluegrass, Bees, and Blooms Festival on June 10”.
Jackie Hubbard updated the committee on the progress of the LOVEworks for Lebanon, and the new Bill Bolling Park in Lebanon, which will be 50% parking and 50% park. Jackie spoke about the improvements completed at the Town of Lebanon’s Ballfield known as the “Dust Bow!” and future ball tournaments for players 4-16 age range. Jackie advised the committee the RC School Board has donated the Town of Lebanon land next to the shelter to build at least 6 batting cages and a 13,000-square foot gym.
Jim Lyttle advised the committee that the Charity Horse Show was successful, with 319 participants and $3100 raised for four different cancer associations. Jim advised that around 30% of riders came from states such as WV and KY and around 25% were from the Cleveland area. Jim discussed the need for more equine events.
Angela Carpenter advised the committee that there will be a booth at the fair for Chamber of Commerce and the committee discussed options to showcase the Tourism Committee.
Kim Short and Lou Ann Wallace gave a quick update about the Scenic River study that was completed on the Clinch River from Nash’s Ford to St. Paul. A letter confirming the results of the study will be mailed. The BoS is discussing options for cleaning parts of the river that are littered with trash. Lou Ann. reminded the committee that Scenic River status Is vital to the possible future State Park program and we must work together, to change the routine of dumping or disposing of trash into the river.
‘Angela Carpenter spoke to the committee about a county newsletter the Chamber of Commerce is developing with plans to begin in June. Meeting Adjourned.
Next regular meeting date is June 20, 2017 at Vincent’s Vineyard beginning at 11:30 am.
Russell County Tourism Committee
Member Listing
BOARD MEMBERS: TERM EXPIRES: Becki Joyce June 30, 2018 Pauline Salyers June 30, 2018 Yvonne Rutherford April 30, 2019 Alice Meade June 30, 2019 Ann Monk June 30, 2019 Patsy Phillips June 30, 2019 Donna Meade June 30, 2019 ‘Susan Hilton June 30, 2019 James Lyttle June 30, 2019 Jeff Hess August 30, 2019 Betsy Gilmer August 30, 2019,
Town Representatives Jackie Hubbard (Lebanon) February 1, 2020 Jennifer Chumbley (Cleveland) March 7, 2020
Cathy Ray (Honaker) March 7, 2020 Kathy Stewart (St. Paul) March 7, 2020 Ex-Offico
Lou Wallace December 31, 2019
Kim Short June 30, 2018
Renewal Month April 2018 April 2018 February 2019 April 2019 April 2019 April 2019 April 2019 April 2019 April 2019 dune 2019
June 2019
December 2019 January 2020 January 2020
January 2020
October 2019
April 2018
MONTHLY BANK BALANCES
5/31/2017
Regular Account 3,952,577.08 Honaker Library Donations 4.93 IDA Debt Reduction 1.00 Employee Insurance 374,556.22 Employee Claims Account 7,000.00 Knox Coal Insurance Fund 414.84 Russell Co. Housing Fund 4,424.36 School Textbook 39,102.55 Sheriff Domestic Violence 2,396.08 Sheriff Seized Assets 26,086.35, Sheriff Restitution. 7578.74 Sheriff Forfeited Assets 10,598.31 Comm Attorney Forfeited Assets 34,154.94 Federal Comm Attorney Forfeited Assets 4,030.06 Sheriff Federal Forfeited Assets 63,352.99 ‘Comm Attomey Fed Justice Forfeited Assets 92,347.12 ‘Commonwealth Attorney Abanoned Propert ‘500.00 Sheriff Federal Justice Forfeited Assets 8,344.49 ‘SSI Recipients 7,536.92 First Sentinel Bank 17,265.34 Bank of Honaker $7,048.77 ‘New Peoples Bank 417,161.12 Certificates of Deposit General 49,575.00 Treasurer’s Money Market 3,483,885.62 Certificate of Deposit Library Donations 24,788.80 Certificates of Deposit Knox Creek Ins. 240,027.19 Certificate of Deposit Employee Insurance 7,056, 187.57 Total Cash In Bank 9,968,946.36 Cash In Office 4,800.00 Petty Cash 100.00
TOTAL CASH 9,970,646.36
DATE May 31,2017
ACCOUNT. DEBIT CREDIT
Cashin Office 777600.00
Cash in Bank 57968 946.36
Petty Cash 7100.00
General Fund 6,935,075.13 Sheriff In Stato Trip 23,376.06 Sheriff Dare Fund 100,00 Sheriff Seized Assets 76,086.35 Sheriff Restitution 7,578.71 Sheriff Forfeited Assets 10,598.31 Comm Attorney Forfeited Assets 31,154.94 Federal Comm Atty Forfeit Assets 41,030.06 ‘Honaker Library Donations 24,788.80 Russell County Housing Fund. 4,424.36 Sheriff Federal Forfeited Assets 63,352.99 Sheriff Domestic Violence 2,396.08 ‘Comm Attorney Abanoned Prop 500.00 Comm Attorney Fed Justice 92,347.12 Sheriff Fed Justice Forfeited 8,344.49 Social Services (280,842.70) Swya Asap 11,669.24 ‘Coal Road Improvement 87,618.52 CSA 125,056.15) School Fund 1,321,497.27 ‘School Food (147,342.13) ‘School Textbook 39,102.55 Regional Adult Education| 279,240.37 Litter Fund Trash Pickup (11,770.90) Current Credit 80.37, Current Debit 14.44 Title XX. 11,321.05 SSI Recipients 7,536.92 Damage Stamp Fund 2,823.98 IDA Debt Reduction 1.00 Valley Heights 35,548.87 Dante Sewer 49,575.00 ‘Employee Health Tnsurance 7,430,743.79 Knox Coal Insurance 240,442.03 Employee Insurance Claims 1,000.00 Law Library 43,377.83 ‘Special Welfare 44,876.43 Housing Fund #2 7,700.00 Russell Co Health & Fitness 33,722.24 ‘Cannery 87,996.70) WIB (@,190.36)
Total 9,970,646.36 9,970,646.36
Court Facility Guidelines.pdf
VIRGINIA COURTHOUSEFACILITY GUIDELINES
TABLE OF CONTENTS
INTRODUCTION
CHAPTER 1 - VIRGINIA COURT ORGANIZATION
I. SUPREME COURT
II. COURT OF APPEALS
III. CIRCUIT COURTS
IV. DISTRICT COURTS
V. MAGISTRATES
CHAPTER 2 - COURTHOUSE PLANNING, DESIGN AND CONSTRUCTION
I. GETTING STARTED
A. Planning Oversight Committee
B. Planning Consultant and Architect
C. Preliminary Budget
D. Factors Affecting Construction Cost
E. Public Support
II. SHOULD WE RENOVATE?
A. Restoration
B. Rehabilitation
C. Remodeling
D. Conservation
E. Problems Usually Encountered During Renovation
F. Can Another Type Facility Be Used for Courts?
G. Project Phasing
III. PRE-DESIGN PLANNING
A. Needs Assessment
B. Master Planning and Determination of Alternative Solutions
C. Preparation of the Architectural Program
IV. DESIGN
A. Schematic Design
B. Design Development
Construction Documents
V. CONSTRUCTION BIDS AND CONSTRUCTION
PROJECT DELIVERY METHODS
CHAPTER 3 - RESPONSIBILITY FOR PROVIDING FACILITIES AND FINANCING COURTHOUSE CAPITAL PROJECTS
I. LOCAL GOVERNMENT RESPONSIBLE FOR PROVIDING COURTHOUSE
II. FINANCING CAPITAL IMPROVEMENTS
A. Public Financing
B. Private Financing
CHAPTER 4 - COURTHOUSE DESIGN CONCEPTS
I. GENERAL DESIGN PRINCIPLES
A. Building Image
B. Green Building Design
C. Controlled Circulation
D. Public Circulation
E. Private Circulation
F. Secure Circulation
G. Secondary Circulation
H. Horizontal and Vertical Circulation
II. LOCATION AND ORGANIZATION OF COURTHOUSE COMPONENTS
III. EXPANSION, ADAPTABILITY AND FLEXIBILITY
A. Physical Expansion
B. Adaptability and Flexibility
CHAPTER 5 - SIZE DETERMINANTS OF THE COURTHOUSE
I. COURTROOMS
II. COURTHOUSE OCCUPANTS
III. PERSONNEL
IV. BARRIER FREE ACCESS
V. SPACE STANDARDS AND GROSSING FACTORS
A. Net Square Feet (NSF)
B. Component Gross Square Feet (CGDF)
C. Building Gross Square Feet (BGSF)
D. Net to Gross Ratios/Efficiency Factors
E. Ratio of Total Building Area to Total Number of Courtrooms
CHAPTER 6 - GENERAL BUILDING CONCEPTS
I. SITE PLANNING AND ACQUISITION
A. Location
B. Public and Pedestrian Access
C. Parking
II. ACCOMMODATING THE PUBLIC
A. Waiting Areas
Food Service
C. Public Information and Signage
III. PLANNING FOR EXTENDED HOURS ACCESS
IV. PLANNING FOR ACOUSTICS
V. PLANNING FOR LIGHTING
VI. BUILDING CODES
VII. PLANNING FOR ERGONOMIC DESIGN
A. Workstation Seating
B. Posture and Location of VDT
CHAPTER 7 - PLANNING FOR TECHNOLOGY
I. RESPONDING TO CHANGING TECHNOLOGY
A. Automated Case Management
B. Videoconferencing
C. Evidence Presentation
D. Electronic Access
E. Imaging and Workflow
II. GENERAL DESIGN CONSIDERATIONS FOR TECHNOLOGY
A. Future Implementation of Technology
B. Floor Systems
C. Workstations
D. Video Conferencing
E. Video Cameras in the Courtrooms
F. Sound Reinforcement Systems
G. Assistive Listening Systems
H. Public Address System
I. Acoustics
J. Lighting
III. ELECTRICAL POWER AND ELECTRICAL CLOSETS
A. Emergency and Standby Power Systems
B. Uninterruptible Power System (UPS)
IV. TELECOMMUNICATIONS
V. BUILDING BACKBONE
VI. SERVICE ENTRY ROOM
VII. MAIN DATA ROOMS (MDR)
VIII. INDIVIDUAL DATA ROOM (IDR)
IX. DEDICATED AV CABINETS/CLOSETS
X. LOBBY TECHNOLOGIES
CHAPTER 8 - PLANNING FOR COURT SECURITY
I. SITE AND PERIMETER
II. WINDOWS AND GLAZING
III. PUBLIC PARKING
IV. SECURE PARKING
V. ENTRANCES AND LOBBY
A. Entrance Screening Station
B. Staff Entrances
C. Service Entrance
VI. ALARMS AND CONTROL SYSTEMS
A. Duress Alarms
B. Intrusion Alarms
C. Access Controls
D. Environmental Controls
VII. VIDEO SURVEILLANCE
VIII. PUBLIC ADDRESS
IX. CENTRAL SECURITY CONTROL OFFICE
X. VEHICULAR SALLY PORT
XI. CENTRAL PRISONER HOLDING
XII. COURT FLOOR HOLDING AREAS
CHAPTER 9 - PLANNING FOR ACCESSIBILITY AND ADA
I. BACKGROUND
II. FOR MORE INFORMATION
III. COURTROOMS
A. Recommendations for Best Practice
B. Public Seating / Gallery
C. Jury Boxes and Witness Stands
D. Judges' Benches and Courtroom Workstations
E. Court Reporter Station
F. Attorney Tables
IV. JURY ASSEMBLY AREAS
V. JURY DELIBERATION AREAS
A. Assistive Listening Systems
B. Courthouse Holding Facilities
C. Other Courthouse Areas
CHAPTER 10 - COURTHOUSE COMPONENTS
I. COURTROOMS
II. GENERAL DESIGN CRITERIA
A. Size and Shape
B. Location of Bench
C. Number and Size of Courtrooms
D. Environmental Controls
E. Acoustics
F. Technology
G. Video Conferencing
H. Sound Reinforcement and Audio Recording Systems
I. Computer workstations and monitors
III. CIRCUIT COURTROOMS
A. Courtroom Entrances
B. Judge’s Bench
C. Clerk’s Station
D. Witness Stand
E. Jury Box
F. Counsel Tables
G. Lectern
H. Display Area
I. Bailiff Station
J. Court Reporter Station
K. Defendant’s Station
L. Public Gallery and Spectator Seating
IV. GENERAL AND JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTROOMS
A. Hearing Rooms
B. Conference Rooms
C. Witness Waiting Room
D. Attorney-Client Conference Room
V. JURY OPERATIONS
A. Jury Deliberation Room
B. Jury Assembly
C. Grand Jury Room
VI. JUDICIAL CHAMBERS
VII. COURT REPORTER’S OFFICE
VIII. CLERK OF COURT
A. Public Counters
B. Signage
C. Staff Work Spaces
D. Records Storage
E. Exhibit Storage
F. Office Support Spaces
G. Technology Considerations
IX. COMMONWEALTH ATTORNEY
X. PRISONER HOLDING AND TRANSPORTATION
A. Vehicular Sally Port
B. Central Prisoner Holding
C. Court Floor Holding Areas
D. Juvenile Holding Facility
XI. MAGISTRATES
XII. SPECIAL SERVICES AND RELATED JUSTICE AGENCIES
A. Probation and Court Services
B. Attorney Lounge
C. Law Library
D. Victim Witness
E. Interpreters and Services for Limited English Proficiency
F. Pro Se Litigants/Self – represented Litigants
G. Press and News Media Accommodations
H. Police Waiting/ Workroom
XIII. PUBLIC SERVICES
A. Lobby
B. Central Security Control Office in Lobby
C. Food Service
D. Building Support Services
XIV. PROGRAM PARKING - JUDGES, ELECTED OFFICIALS
GLOSSARY OF COURTHOUSE PLANNING AND DESIGN TERMS
SELECTED BIBLIOGRAPHY AND REFERENCES FOR COURT FACILITY PLANNING AND DESIGN