2020-12-09 17 00-Russell BOS-Regular Meeting-Packet

2020-12-09 17 00-Russell BOS-Regular Meeting-Packet

Document Date: December 9, 2020 Document: 2020-12-09_17_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors December 9, 2020

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – DECEMBER 9, 2020

Conference Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and amended on September 8, 2020 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER & ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal Matters (SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION – Chairperson

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

APPROVAL OF AGENDA

PUBLIC HEARING

Belfast Waterline Extension, Phase III
RC Erosion and Sediment Ordinance
County Property Transfer to County IDA

PRESENTATIONS

Dr. Greg Brown – RC School Board

Agenda Board of Supervisors December 9, 2020

RUSSELL COUNTY BOARD OF SUPERVISOR’S MEETING AGENDA - DECEMBER 9, 2020

Conference Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

‘The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and amended on September 8, 2020 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER & ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal Matters (SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING – REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION - Chairperson PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA PUBLIC HEARING 4. Belfast Waterline Extension, Phase Ill 2. RC Erosion and Sediment Ordinance 3. County Property Transfer to County IDA PRESENTATIONS

Dr. Greg Brown - RC School Board

Russell County Page 1

Agenda Board of Supervisors December 9, 2020

Russell County Page 2

Jess Powers - RC Emergency Management

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors………………A-1

a. Unapproved minutes of November 2, 2020

Approval of Expenditures. Consider approval of expenditures
presented for payment….……………………….……………………………….…….A-2
Committee Appointments for Board Consideration.

Drill Community Center

Charlene Blankenship Two-Year Term December 31, 2020 Rachel Helton Two-Year Term December 31, 2020 Doug Lester Two-Year Term December 31, 2020 Harold D. Thomas Two-Year Term December 31, 2020 Betty Sue Hess Two-Year Term December 31, 2020

CITIZEN’S COMMENT PERIOD

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

Courthouse Project Proposal Resolution (Pursuant to PPEA)
RC Erosion and Sediment Ordinance
VRA & RC PSA Lenders’ Agreements
Clinch River Little League
Key Western Property Easement

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

Russell County CARES Fund Financial Summary…………………………………B-1
RC Abstract of Votes……………………………………………………………………B-2

Agenda Board of Supervisors December 9, 2020

Jess Powers - RC Emergency Management

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 November 2, 2020

Approval of Expenditures. Consider approval of expenditures presented for payment.
Committee Appointments for Board Consideration.

Drill Community Center

Charlene Blankenship Two-Year Term December 31, 2020

Rachel Helton Two-Year Term December 31, 2020

Doug Lester Two-Year Term December 31, 2020

Harold D. Thomas Two-Year Term December 31, 2020

Betty Sue Hess Two-Year Term December 31, 2020 CITIZEN’S COMMENT PERIOD

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS

Courthouse Project Proposal Resolution (Pursuant to PPEA)
RC Erosion and Sediment Ordinance
VRA & RC PSA Lenders’ Agreements
Clinch River Little League
Key Western Property Easement COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

Russell County CARES Fund Financial Summary.
RC Abstract of Votes…

Russell County Page 2

Agenda Board of Supervisors December 9, 2020

Russell County Page 3

VDOT Secondary System Construction Six-Year Plan……………………………B-3
Honaker & Castlewood Canneries…………………………………………………….B-4
RC Planning Commission’s Comprehensive Plan…………………………………B-5

REQUESTS

Russell County “CARES” Business Grants………………………………………….B-6
VDOT – Discontinuance of Rte. 671 and Rte. 678………………………………….B-7
CARES Act Funding to Fast Track Broadband Projects Grant………………….B-8
Litter Prevention & Recycling Grant………………………………………………….B-9
RC Emergency Operations Center Generator Grant……………………B-10
CPRHA Payment in Lieu of Taxes for Pittston Place & HUD Development……B-11
RC BOS Annual Employee Turkey……………………………………………………B-12
2020 Holiday Leave Schedule.…………………………………………………………B-13

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………C • RC IDA …………………………………………………………………………………….D • RC PSA …………………………………………………………………………………… E • RC Tourism……………………………………………………………………………….F • RC Planning Commission ………………………………………………………………G • Conference Center………………………………………………………………………H • RC Fitness Center……………………………………………………………………….I • RC Transportation & Safety……………………………………………………………J • RC Cannery Reports…………………………………………………………………….K • RC Building Inspector……………………………………………………………………L • RC Litter Report………………………………………………………………………….M • CPWMA Report……………………………………………………………………………N • RC Disposal Report………………………………………………………………………O

Agenda Board of Supervisors

VDOT Secondary System Construction Six-Year Plan.
Honaker & Castlewood Canneries.
RC Planning Commission’s Comprehensive Plan. REQUESTS
Russell County “CARES” Business Grants…
VDOT - Discontinuance of Rte. 671 and Rte. 678…
CARES Act Funding to Fast Track Broadband Projects Grant.
Litter Prevention & Recycling Grant

10.RC Emergency Operations Center Generator Grant.

11.CPRHA Payment in Lieu of Taxes for Pittston Place & HUD Development.

12.RC BOS Annual Employee Turkey… 13.2020 Holiday Leave Schedule… MATTERS PRESENTED BY THE BOARD ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA… RC PSA… RC Tourism. RC Planning Commission . Conference Center.

RC Fitness Cente! RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report. CPWMA Report. RC Disposal Report.

December 9, 2020

Russell County

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(1)(3)(7)(8) – Legal Discussions concerning Personnel Matters; Little League Property Lease; RC PSA Consolidation; Transfer of County Property to County IDA; County’s Opioid Litigation; and Northrop Grumman Litigation.

The vote was: Aye:
Nay:

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 Supervisors 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 -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by , second by and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye:
Nay:

CLOSED SESSION

Motion made by. , second by, and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(1)(3)(7)(8) — Legal Discussions concerning Personnel Matters; Little League Property Lease; RC PSA Consolidation; Transfer of County Property to County IDA; County’s Opioid Litigation; and Northrop Grumman Litigation.

The vote was: Aye: Nay:

CERTIFICATION OF CLOSED SESSION

Are there any Supervisors who believe a departure has taken place?

Tim Lovelace - Lou Ann Wallace - Carl Rhea - Steve Breeding - David Eaton - Rebecca Dye - Oris Christian - APPROVAL TO RETURN TO REGULAR SESSION

Motion made by, , second by. and duly approved by the Board of Supervisors to return to regular session.

The vote was:

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

137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

     Meeting: 12/9/20     6:00 PM

Public Hearing

Belfast Waterline Extension, Phase III
RC Erosion and Sediment Ordinance
County Property Transfer to County IDA

Staff Recommendation:

Board Discretion.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

Public Hearing

Belfast Waterline Extension, Phase III
RC Erosion and Sediment Ordinance
County Property Transfer to County IDA

Staff Recommendation: Board Discretion. Suggested Motion: Board Discretion.

ATTACHMENTS:

Various

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”

Oris Christian Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

PUBLIC NOTICE

The Russell County Board of Supervisors will conduct Public Hearings on Wednesday, December 9, 2020 at 6:00 p.m. to hear comments concerning the adoption of the “Erosion and Sediment Control Ordinance” and “Belfast Phase III Water Project” and “Transfer of County Property to County IDA.

A copy of the proposed Erosion and Sediment Control Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours.

In addition, the ordinance is posted on the County’s Website at
http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.

The Public Hearings will be held in the Russell County Government Conference Room at the Russell County Governmental Center, 133 Highland Drive, Lebanon, Virginia during the regular December 2020 monthly meeting.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

http://www.russellcountyva.us/257/Ordinances-Resolutions Russell County Virginia “The Heart of Southwest Virginia”

ris Christian Carl Rhea

At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton

District 4 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester

District 2 District 5 Gounty Administrator

UBLIC NOTICE

The Russell County Board of Supervisors will conduct Public Hearings on Wednesday, December 9, 2020 at 6:00 p.m. to hear comments concerning the adoption of the “Erosion and Sediment Control Ordinance” and “Belfast Phase Ill Water Project” and “Transfer of County Property to County IDA.

A copy of the proposed Erosion and Sediment Control Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours

In addition, the ordinance is posted on the County’s Website at http://www.russellcountyva.us/257/Ordinances-Resolutions and on RussellCountyVA App on Google Play Store.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

EROSION AND SEDIMENT CONTROL ORDINANCE OF

RUSSELL COUNTY VIRGINIA

Section 10-1. TITLE, PURPOSE, AND AUTHORITY

This ordinance shall be known as the “Erosion and Sediment Control Ordinance of Russell County.” The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of the County by establishing requirements for the control of soil erosion, sediment deposition and non-agricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced.

This Chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4, known as the Virginia Erosion and Sediment Control Law.

Section 10-2. DEFINITIONS:

As used in the ordinance, unless the context requires a different meaning:

“Agreement in lieu of a plan” means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan.
“Applicant” means any person submitting an erosion and sediment control plan for approval or requesting the

issuance of a permit, when required, authorizing land-disturbing activities to commence.

“Board” means the Virginia State Water Control Board.
“Certified inspector” means an employee or agent of Russell County who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board’s training program for project inspection and successfully completes such program within one year after enrollment.
“Certified plan reviewer” means an employee or agent of Russell County who (i) holds a certificate of

competence from the Board in the area of plan review, (ii) is enrolled in the Board’s training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (Sec. 54.1- 400 et seq.) of Chapter 4 of Title 54.1 or a professional soil scientist as defined in Sec. 54.1-2200 of the Code of Virginia.

“Certified program administrator” means an employee or agent of Russell County who (i) holds a

certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board’s training program for program administration and successfully completes such program within one year after enrollment.

“County” means the County of Russell.
“Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root

mat removal or top soil removal.

EROSION AND SEDIMENT CONTROL ORDINANCE OF RUSSELL COUNTY VIRGINIA

Section 10-1, TITLE, PURPOSE, AND AUTHORITY

This ordinance shall be known as the "Erosion and Sediment Control Or this chapter is to prevent degradation of properties, stream channe| County by establishing requirements for the control of soil ei runoff and by establishing procedures whereby these requirements

f Russell County." The purpose of and other natural resources of the iment deposition and non-agricultural istered and enforced,

This Chapter is authorized by the Code of Virginia, Title 6 and Sediment Control Law.

ppter 3.1, Arti known as the Virginia Erosion

Section 10-2, DEFINITIONS: As used in the ordinance, unless the cor

"Agreement specifies conservation measures that m

tified landscape architect or land surveyor pursuant to Article 1 (Sec. 54.1- 54.1 or a professional soil scientist as defined in Sec, 54.1-2200 of the Code of Virginia

“Certified program istrator” means an employee or agent of Russell County who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board’s

training program for program administration and successfully completes such program within one year after enrollment.

“County” means the County of Russell.

8 “Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root, ‘mat removal or top soil removal.

“Department” means the Department of Environmental Quality.
“Development” means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.
“Director” means the Director of the Department of Environmental Quality.
“District” or “Soil and Water Conservation District” refers to the Clinch Valley Soil and Water

Conservation District.

“Erosion and Sediment Control Plan” or “Plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the plan approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.
“Erosion Impact Area” means an area of land not associated with a current land-disturbing activity but

subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes.

“Excavating” means any digging, scooping or other methods of removing earth materials.
“Filling” means any depositing or stockpiling of earth materials.
“Grading” means any excavating or filling of earth material or any combination thereof, including the land in

its excavated or filled conditions.

“Land-disturbing Activity” means any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include:

a) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and

maintenance work;

b) Individual service connections;

c) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard-surfaced;

d) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

e) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1 of the Code of Virginia;

f) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams,

“Department” means the Department of Environmental Quality.
“Development” means a tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or ‘more residential dwelling units.

11, “Director” means the Director of the Department of Environmental Quality.

12, “District” or “Soil and Water Conservation District” Conservation District

the Clinch Valley Soil and Water

“Erosion and Sediment Control Plan” or “Plan” means,

of soil and water resources of a unit or group of units soil and water plan inventory, and management ji decisions contributing to conservation treatment,

containing material for the conservation le appropriate maps, an appropriate interpretations, and a record of jor conservation decisions and entire unit or units of land

9 state waters or onto lands in the Commonwealth, ating, transporting, and filling of land, except that the

Installation, mai on an existing ha the area of the road,

repair of any underground public utility lines when such activity occurs ed road, street or sidewalk, provided the land-disturbing activity is confined to eet, or sidewalk that is hard-surfaced;

Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to. construction of the building to be served by the septic tank system;

©) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1 of the Code of Virginia;

desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Sec. 10.1- 1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of Sec. 10.1-1163;

g) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related

structures and facilities of a railroad company;

h) Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (Va. Code § 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;

i) Disturbed land areas of less than 10,000 square feet in size;

j) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

k) Emergency work to protect life, limb or property, and emergency repairs; however, if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this ordinance.

“Land-disturbing Permit or approval” means a permit or other form of approval issued by Russell

County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any other land disturbing activity.

“Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic

processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

“Owner” means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or

vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.

“Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular location.
“Permittee” means the person to whom the land-disturbing approval is issued or the person who certifies that

the approved erosion and sediment control plan will be followed.

“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.
“State permit” means an approval to conduct a land-disturbing activity issued by the Board in the form of a

state stormwater individual permit or coverage issued under a state general permit.

VESCP Plan-approving authority" means the building official department is responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

24,

g) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;

h) Agricultural engineering operations, including but not limited outlets, check dams, desilting basins, dikes, ponds not require, Safety Act (Va, Code § 10.1-604 et seq,), ditches, strip contour furrowing, land drainage, and land irrigation;

the construction of terraces, terrace iply with the provisions of the Dam , lister furrowing, contour cultivating,

i) Disturbed land areas of less than 10,000 square fe

{) Installation of fence and sign posts or telepho i nds of posts or poles;

k) Emergency work to protect life, jowever, if the land- disturbing activity would have required an s ntrol_plan, if the activity were not an emergenc with the requirements of this o

"Land-disturbing Permit or appro County for the clearing, filling, excavat any other land disturbi

form of approval issued by Russell or for any combination thereof or for

ring analysis and fluvial geomorphic processes to cre system for the purpose of creating or recreating a strea sits ba nt within its banks and allows larger flows to access its

yhom the land-disturbing approval is issued or the person who certifies that control plan will be followed.

“Person” means at | partnership, firm, association, joint venture, public or private corporation, trust, estate, commissio <d, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.

“State permit” means an approval to conduct a land-disturbing activity issued by the Board in the form of a state stormwater individual permit or coverage issued under a state general permit.

VESCP Plan-approving authority" means the building official department is responsible for determining the adequacy of.a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

“VESCP authority” or “program authority” means the County of Russell which has adopted a soil erosion and sediment control program that has been approved by the Board.
Responsible Land Disturber” or “RLD” means an individual holding a certificate issued by the department

who is responsible for carrying out the land-disturbing activity in accordance with the approved ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance.

“Runoff volume” means the volume of water that runs off the land development project from a prescribed

storm event.

”Single-family residence" means a noncommercial dwelling that is occupied exclusively by one family.
“State waters” means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.
“Transporting” means any moving of earth materials from one place to another place other than such movement

incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

“Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the Board

that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations.

“Water Quality Volume “means the volume equal to the first one-half inch of runoff multiplied by the

impervious surface of the land development project.

Section 10-3. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM

Pursuant to section 62.1-44.15:54 of the Code of Virginia, the County hereby establishes a VESCP program and adopts the regulations promulgated by the Board (for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources) and the Virginian Erosion & Sediment Control Handbook, third edition.

In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels

"VESCP authority” or “program authority” means the County of Russell which has adopted a soil erosion and_ sediment control program that has been approved by the Board.
Responsible Land Disturber” or “RLD” means an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance
“Runoff volume” means the volume of water that runs off the land dey storm event.

lopment project from a prescribed

“Single-family residence” means a noncommercial dwelling -cupied exclusively by one family.
“State waters” means all waters on the surface and under th ‘Commonwealth or within its jurisdiction.

r partially within or bordering the

“Transporting” means any moving of earth mat ther than such movement, incidental to grading, when such movement resul ‘over either by tracking, or the buildup of earth materials to the extent that the soil or earth materials over which such transporting occurs.
"Virginia Erosion and Sediment that has been established by a VESCP and non-agricultural runoff associated of properties, stream channels, waters, and applicable as local ord guidelines, techni this article, and

" means a program approved by the Board 1 of soil erosion, sediment deposition, event the unreasonable degradation

specifications, policies and forcement where authorized in

“Water Quality e to the first one-half inch of runoff multiplied by the impervious surface o

Pursuant ion 62. 5 of Virginia, the County hereby establishes a VESCP program and

adopts the the effective control of soil erosion and sediment deposition to prevent the unreasOna S, stream channels, waters and other natural resources) and the Virginian Erosion & fandbook, third edition.

In accordance with § 62. 1¢ Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that mhy flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it ‘was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels

A. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.1-
44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP) regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations.

B. Pursuant to Sec. 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is

reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector (who may be the same person.)

C. The County hereby designates the building official department as the plan-approving authority.

D. The program and regulations provided for in this ordinance shall be made available for public inspection at the

office of the building official department.

Section 10-4. SUBMISSION AND APPROVAL OF PLANS; CONTENTS OF PLANS

A. Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the building official department an erosion and sediment control plan for the land-disturbing activity and such plan has been approved by the VESCP authority. No approval to begin a land disturbing activity will be issued unless evidence of state permit coverage is obtained where it is required. Where land-disturbing activities involve lands under the jurisdiction of more than one VESCP, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Department for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the plan-approving authority.

B. The standards contained within the “Virginia Erosion and Sediment Control Regulations” and the Virginia

Erosion and Sediment Control Handbook as amended are to be used by the applicant when making a submittal under the provisions of this ordinance and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the State regulations shall take precedence.

C. The VESCP plan-approving authority shall review erosion and sediment control plans submitted to it and grant

written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of the Erosion and Sediment Control Law and the Board’s regulations, and if the person responsible for carrying out the plan certifies that he will properly perform the measures included in the plan and will conform to the provisions of this ordinance. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of the responsible land disturber, to the program authority, as provided by § 62.1-44.15:52, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of the responsible land disturber, prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this ordinance.

The VESCP plan-approving authority shall waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single-family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of the responsible land disturber, as provided by § 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of the responsible land disturber shall be a violation of this ordinance.

http://leg1.state.va.us/cgi-bin/legp504.exe?000%2Bcod%2B62.1-44.15C24 http://leg1.state.va.us/cgi-bin/legp504.exe?000%2Bcod%2B62.1-44.15C24 http://leg1.state.va.us/cgi-bin/legp504.exe?000%2Bcod%2B62.1-44.15C24 For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.1- 44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP) regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations.

Pursuant to Sec, 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector (who may be the samesperson.)

The County hereby designates the building official department lan-approving authority.

The program and regulations provided for in this ordinani office of the building official department.

available for public inspection at the

A. _ Except as provided herein, no person submitted to the building official department ai

a land disturbing required. Where f more than one VESCP, an erosion and

activity will be issued unless evid

of state permit land-disturbing activities involve .

plan may be substituted for an sty,

ded are to be used by the applicant when making a in the preparation of an erosion and sediment control

‘measures included in the plan and will conform to the provisions of requisite to engaging in the land-disturbing activities shown on the approved ying out the plan shall provide the name of the responsible land disturber, to the § 62.1-44.15:52, of the Virginia Erosion and Sediment Control Law, who will be carrying out the land-disturbing activity. Failure to provide the name of the of the approval of eSponsible for carrying out the plan shall be subject to the penalties provided in this

in charge of and responsible land dis the plan and the person ordinance.

D. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for

disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.

E. The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved

within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.

F. The VESCP authority may require changes to an approved plan when:

(1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or

(2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan-approving authority and the person responsible for carrying out the plans.

G. Variances: The VESCP plan-approving authority may waive or modify any of the standards that are deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:

(1) At the time of plan submission, an applicant may request a variance to become part of the approved

erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan.

(2) During construction, the person responsible for implementing the approved plan may request a variance

in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.

(3) The VESCP authority shall consider variance requests judiciously, keeping in mind both the need of

the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.

H. In order to prevent further erosion, the County may require approval of a plan for any land identified

in the local program as an erosion impact area.

I. When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.

J. In accordance with the procedure set forth in §62.1-44.15:55 (E) of the Code of Virginia, any person engaging, in

more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the Board for review and approval consistent with guidelines established by the Board. Approval of general erosion and sediment control specifications does not relieve the owner or operator from compliance with any other local ordinances and regulations including requirements to submit plans and obtain permits as may be required by such

‘When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.

‘The VESCP authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.

The VESCP authority may require changes to an approved plan when:

(1) The inspection reveals that the plan is icable regulations; or (2) The person responsible for carrying out the plan other reasons the approved plan cannot be et plan, consistent with the requirements of thi

wuse of changed circumstances or for and proposed amendments to the by the plan-approving authority

Variances: ing a a ify \dards that are deemed to be inappropriate or too restr ay be granted under these conditions:

(1) At the time of plan submi erosion and sediment contro

writing, Specific variances w1 the plan,

1 of the approved lain the reasons for requesting variance roving authority shall be documente

(2) During const

equest shall be considered to be disapproved. Following additional documentation.

sts judiciously, keeping in mind both the need of 1e need to protect off-site properties and resources

In accordance with the pi set forth in §62.1-44.15:55 (E) of the Code of Virginia, any person engaging, in ‘more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the Board for review and approval consistent with guidelines established by the Board. Approval of general erosion and sediment control specifications does not relieve the owner or operator from compliance with any other local ordinances and regulations including requirements to submit plans and obtain permits as may be required by such

ordinances and regulations.

K. State agency projects are exempt from the provisions of this ordinance except as provided for in the Code of Virginia, Sec. 62.1-44.15:56.

Section 10-5. PERMITS; FEES; SECURITY FOR PERFORMANCE

A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land- disturbing activities shall not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will be followed and evidence of state permit coverage where it is required.

B. No person may engage in any land-disturbing activity until he has acquired a land-disturbing permit (unless the proposed land-disturbing activity is specifically exempt from the provisions of this ordinance), and has paid the fees and posted the required bond.

C. An administrative fee of $150 shall be paid to the County at the time of submission of the erosion and sediment

control plan.

D. No land-disturbing permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan or agreement in lieu of an approved erosion and sediment control plan and certification that the plan will be followed.

E. All applicants for Industrial, Commercial, or Retail Permits shall provide the County a performance bond

with surety, cash escrow, or an irrevocable letter of credit acceptable to the Building Official to ensure that measures could be taken by the County at the applicant’s expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him by the approved plan as a result of his land-disturbing activity.

The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which shall not exceed twenty-five percent of the cost of the conservation action. Should it be necessary for the County to take such conservation action, the County may collect from the applicant any costs in excess of the amount of the surety held.

Within sixty (60) days of adequate stabilization, as determined by Building Official in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits.

Section 10-6. MONITORING, REPORTS, AND INSPECTIONS

A. The responsible land disturber, as provided by § 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The County may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.

B. The building official department shall periodically inspect the land-disturbing activity in accordance with

9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and

http://leg1.state.va.us/cgi-bin/legp504.exe?000%2Bcod%2B62.1-44.15C52 K.

ordinances and regulations.

State agency projects are exempt from the provi Virginia, Sec. 62.1-44.15:56.

ns of this ordinance except as provided for in the Code of

‘Scction 10-5, PERMITS: FEES: SECURITY FOR PERFORMANCE

Agencies authorized under any other law to issue grading, building, or other permits for activities involving land- disturbing activities shall not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will b€ followed and evidence of state permit coverage where itis required.

No person may engage in any land-disturbing activity unt hy proposed land-disturbing activity is specifically exempt from, and posted the required bond.

wired a land-disturbing permit (unless the of this ordinance), and has paid the fees

An administrative fee of $150 shall be paid to the n of the erosion and sediment control plan,

No land-<tisturbing permit shall be issued until the i approved erosion and sediment control plan or agreement in lieu of an appr i the plan will be followed.

All applicants for Industrial, Comme provide the County a performance bond with surety, cash escrow, or acceptable to the Building Official to

i nse should the applicant fail, after conservation measures required of

shall not exceed the total of the estimated cost to initiate init price for new public or private sector construction in inistrative costs and inflation which shall not exceed Should it be necessary for the County to take such i any costs in excess of the amount of the surety

d, based upon the perventage of stabilization accomplished in the juirements are in addition to all other provisions relating to the issuance of se affect the requirements for such permits.

The responsible land disturber, as provided by § 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing. activity The County may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and ‘maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.

The building official department shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the

approved plan and to determine whether the measures required in the plan are effective in controlling erosion and 7

sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

If the building official assessor determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities.

The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this ordinance.

C. Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-44.15:55, -44.15:56, the

building official assessor may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.

If land-disturbing activities have commenced without an approved plan, the building official may issue an order requiring that all the land-disturbing activities be stopped until an approved plan or any required permits are obtained.

Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the alleged violator has been issued a notice to comply as specified in this ordinance. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply.

The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the County or permit holder for appropriate relief to the Circuit Court of Russell County. The County shall serve such order for disturbance without an approved plan or permits upon the owner by mailing with confirmation of delivery to the address specified in the land records. Said order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies.

If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the building official assessor may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the permit application or the land records of the County.

The owner may appeal the issuance of an order to the Circuit Court of Russell County.

Any person violating or failing, neglecting or refusing to obey an order issued by building official may be compelled in a proceeding instituted in the Circuit Court of Russell County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the building official from taking any other action authorized by this ordinance.

sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply withingthe specified time, the permit may be revoked and the permittee or person responsible for carrying 0} lan shall be subject to the penalties provided by this ordinance.

Upon issuance of an inspection report denoting a viol building official assessor may, in conjunction with ordinance, issue an order requiring that all or pai stopped until the specified corrective measures ha

le §§ 62.1-44.15:55, -44.15:56, the ice to comply as specified in this

If land-disturbing activities have commenced wit requiring that all the land-disturbing activities be obtained.

Where the alleged noncompliance i sediment deposition in waters within t

ger of causing harmful erosion of lands or th, or where the land-disturbing activities order may be issued without regard to whether the alleged violator has been issued a\noti in this ordinance. Otherwise, such an order may be issued i it notice to comply.

The order shall seven days from

d shall remain in effect for a period of by the County or permit holder for appropriate relief to serve such order for disturbance without an approved ation of delivery to the address specified in the ve the disturbance is occurring, and shall remain

een obtained, Such an order shall be served upon the owner by mailing the address specified in the permit application or the land records of the

‘The owner may appeal the issuance of an order to the Circuit Court of Russell County. Any person violating or failing, neglecting or refusing to obey an order issued by building official may be compelled in a proceeding instituted in the Circuit Court of Russell County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

Section 10-7. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS

A. Violators of this ordinance shall be guilty of a Class I misdemeanor.

B. Any person who violates any provision of Va. Code §§ 62.1-44.15:55, 62.1-44.15:56 shall, upon a finding of the District Court of Russell County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection A of § 62.1-44.15:63.

C. The building official assessor, or the owner or property which has sustained damage or which is in imminent

danger of being damaged, may apply to the Circuit Court of Russell County to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.15:55, 62.1-44.15:56, without the necessity of showing that an adequate remedy at law does not exist.

However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property.

D. In addition to any criminal or civil penalties provided under this ordinance, any person who violates any provision

of the Erosion and Sediment Control Law may be liable to Russell County in a civil action for damages.

E. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County.

Any civil penalties assessed by a court shall be paid into the treasury of Russell County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition

of a permit or any provision of this ordinance, or order of the VESCP authority the County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection B or E.

G. The Commonwealth’s Attorney shall, upon request of the County, take legal action to enforce the provisions of

this ordinance.

H. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

‘Section 10-7, PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS

Violators of this ordinance shall be guilty of a Class I misdemeanor.

Any person who violates any provision of Va. Code §§ 62.1-44.15:55, 62.1-44.15:56 shall, upon a finding of the District Court of Russell County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series ofispecified violations arising from the same operative set of facts result in civil penalties which exceed a total ,000, except that a series of violations arising from the commencement of land-disturbing activities an approved plan for any site shall not result in civil penalties which exceed a total of $10, such civil penalties shall be in liew of criminal sanctions and shall preclude the prosecution of, \s a misdemeanor under subsection A

of § 62.1-44.15:63,

The building official assessor, or the owner or

violation of Va. Code §§ 62.1-44.15:55, 62.1- remedy at law does not exist.

However, an owner of property s person who has violated the local pi caused, or creates a probability of ca the local program nor the program aut conditions which have caused, or create

obtained pursuant to this section shall be subject, in the 0 for each violation, A civil action for such violation or

ordinance, or order of the VESCP authority the County may provide for the jons in specific sums, not to exceed the limit specified in Subsection E of this

section. Such ei be instead of any appropriate civil penalty which could be imposed under

Subsection B or E,

‘The Commonwealth’s Attorney shall, upon request of the County, take legal action to enforce the provisions of this ordinance.

‘Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

Section 10-8. APPEALS AND JUDICIAL REVIEW

A. Final decisions of Russell County under this ordinance shall be subject to review by the Russell County Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities.

‘Section 10-8, APPEALS AND JUDICIAL REVIEW

activities.

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

137 Highland Drive Presenters - Various Lebanon, VA 24266

      Meeting: 12/9/20      6:00 PM

Presentations

Dr. Greg Brown – RC School Board
Jess Powers - RC Emergency Management

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

12/9/20

Meetin:

Presentations

Dr. Greg Brown - RC School Board
Jess Powers - RC Emergency Management Staff Recommendation:

Presentation — Informational Only.

‘Suggested Motion:

Board Discretion.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

RUSSELL COUNTY PUBLIC SCHOOLS SCHOOL BOARD DRIVE P. O. Box 8 LEBANON, VA 24266

PLANS FOR THE CONSTRUCTION OF AGRICULTURAL EDUCATION BUILDING AT LEBANON HIGHSCHOOL

Prepared By:

D. R. PRICE ENGINEERING & LAND SURVEYING, INC. PC P. O. BOX 1270 HONAKER, VA 24260

ences

Proposed Agriculture Shop 3 a p Legend : & Lebanon High School LHS Path Measure: Untitled Polygon

Write a description for your map.

Google Earth —

15.2020 Gescle =

Ag Enrollment 2016-Present

CHS HHS. LHS. 2016-17 62 66 21 2017-18 63 57 70 2018-19 61 52 116 2019-20 51 95 126 2020-21 51 65 154

Tracy Highlight

Russell County Schools Agriculture Equipment Inventory and Teaching Space

ITEM CHS Table Saw

Skil Saw

Miter Saw

Bandsaw

Jig Saw

Reciprocating Saw Metal Chop Saw

Table Router

Jointer

Radial Arm Saw Belt/Disc Sander (Large) Belt/Dics Sander (Small) Bench Grinder Handheld Grinder Scroll Saw

Anvil

Torch

Downdraft Table Plasma Cutter

Drum Sander

Planer

Handheld Router Welder, Arc

Welder, Mig

Drill, corded

Impact Driver

Drill, cordless

Drill Press

Palm Sander

Handheld Belt Sander Lathe

Vertical Belt Sander Dust Collection System Air Compressor

Shop Vac

Garden Tiller

= NN BBB RWW EE ENNOOUNENE &

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BRE ROOCOORNOOCOHH OCC OHKGCOONHHOCOCOCONHEEN

OorRRERS

Classroom Area 745 Sq. ft. 754Sq.ft. 650 Sq. ft. Shop Area 660 Sq. ft. 2,160Sq.ft. 0 Storage Area 300Sq.ft. 4325q.ft. 0 Bam 750 Sq. ft. 750 Sq. ft. 750 Sq, ft.

Tracy Highlight

Novae e

14, 15. 16. 7. 18. 19, 20. 21. 22. 23.

1 ea. Plasma Welder

lea. 20” Planer

1ea. 6” Joiner

ea. Combination Belt/Disc Sander Lea. 12" Sliding Miter Saw

2ea, MIG Welders

2 ea, MIG Welder/Wire Feeders

6 ea, Welding Gloves

4ea. Welding Jackets

4 ea. 18 Volt Drill Driver and Hex Impact Driver Cordless Tool Kits

4ea. Jig Saws 4ea. 4 Station Benches

2a. Material Storage Racks

Lea. Eye Wash Station

Lea. Shop Vac

2ea. Push Brooms

2 ea. Angle Grinders

ea, 15” Band Saw

ea, Wet Cutting Horizontal Band Saw Lea. Welding and Cutting Outfit Lea. Cylinder Hand Truck

1a. Tool Storage Cabinet

Lea. 18” Variable Speed Drill Press

 Board of Supervisors                       Action Item A-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

   Meeting: 12/9/20       6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

• Unapproved minutes of November 2, 2020

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item A-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 12/9/20 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: ‘* Unapproved minutes of November 2, 2020

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

November 02, 2020

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, November 2, 2020 beginning at 5:00 pm with Executive (closed) Session followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present: Tim Lovelace Lou Wallace (by phone from her home due to COVID 19 quarantine) Carl Rhea David Eaton Steve Breeding Rebecca Dye Oris Christian

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Senator Ben Chafin, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter Executive (closed) Session to discuss legal matters pursuant to Section 2.2-3711(A)(1) – discussions concerning Personnel Matters.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

November 02, 2020

‘A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, November 2, 2020 beginning at 5:00 pm with Executive (closed) Session followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the me

ig to order. Roll Call by the Clerk:

Present: Tim Lovelace

Lou Wallace (by phone from her home due to COVID 19 quarantine) Carl Rhea

David Eaton

Steve Breeding

Rebecca Dye

Oris Christian

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Senator Ben Chafin, County Attorney

Absent: None EXECUTIVE (CLOSED) SESSION

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was: ‘Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

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 Oris Christian – AYE

Invocation by Chair Rebecca Dye, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: Steve Breeding, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Presentations

Andy Smith, Vice Chairman of the Russell County Planning Commission addressed the Board concerning the need for a County agent to be present at the Planning Commission monthly meetings. He asked that the Board consider appointing someone to assume that role.

Melissa Parsons, Department of Emergency Management commented that the participation agreement with the county needs to be signed to allow the transition to the NG911 Migration Program. She gave an overview of the new 911 system and how it would now operate through fiber.

APPROVAL OF THE NG911 MIGRATION PROGRAM PARTICIPAITON AGREEMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the NG911 Migration Program Participation Agreement.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian

‘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.

Tim Lovelace ~ AYE Lou Wallace — AYE Carl Rhea - AYE David Eaton - AYE Rebecca Dye - AYE Steve Breeding - AYE Oris Christian - AYE

Invocation by Chair Rebecca Dye, followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: ‘Aye: Steve Breeding, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Presentations ‘Andy Smith, Vice Chairman of the Russell County Planning Commission addressed the Board concerning

the need for a County agent to be present at the Planning Commission monthly meetings. He asked that the Board consider appointing someone to assume that role.

APPROVAL OF THE NG911 MIGRATION PROGRAM PARTICIPAITON AGREEMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Super approve the NG911 Migration Program Participation Agreement.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian

Nay: None

New Business

APPROVAL OF OCTOBER 05, 2020 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to the October 05, 2020 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE OCTOBER 27, 2020 MINUTES

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the October 27, 2020 minutes and dispense with the reading thereof.

The vote was:

Aye: Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,430,083.88 , including reoccurring and withholdings.

The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Tim Lovelace, Rebecca Dye and Oris Christian Nay: Nay

TIM LOVELACE REAPPOINTED TO THE COAL HAUL ROAD COMMITTEE

Motion made by Oris Christian, second Steve Breeding and duly approved by the Board of Supervisors to reappoint Tim Lovelace to the Coal Haul Road Committee for a four (4) year term, said term ending November 07, 2024.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Citizens Comment

The Chair opened citizens’ comment.

Steve and Teresa Franklin and Nelson Hayes, Castlewood spoke about the little league field gates being locked in Castlewood. Several attempts have been made to work something out with them but they have not been able to resolve the issue. They want to use the field for their daughter to practice and

Nay: None New Business APPROVAL OF OCTOBER 05, 2020 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to the October 05, 2020 minutes and dispense with the reading thereof.

The vote was: ‘Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE OCTOBER 27, 2020 MINUTES

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the October 27, 2020 minutes and dispense with the reading thereof.

The vote was:

Aye: Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL GENERAL COUNTY INVOICES

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, David Eaton, Tim Lovelace, Rebecca Dye and Oris Christian Nay: Nay

‘TIM LOVELACE REAPPOINTED TO THE COAL HAUL ROAD COMMITTEE

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Citizens Comment

The Chair opened citizens’ comment. Steve and Teresa Franklin and Nelson Hayes, Castlewood spoke about the little league field gates being

locked in Castlewood. Several attempts have been made to work something out with them but they have not been able to resolve the issue. They want to use the field for their daughter to practice and

think that they are entitled to do so since they are taxpayers. Mr. Franklin stated that he did not have a problem with the Clinch River Little League using and leasing the field. He just wants the community to be able to access it when not in use by the little league.

Jim Lyttle, Pastor of the Church Hill United Methodist Church commented that the “hot spot” at the church that was made available for students to use was a success. He thanked the public and the board.
He also stated that the Tourism Advisory Committee had several fundraisers ongoing and was pleased with everyone involved and the work that they do.

Dustin Keith, Lebanon stated that the GIS system that the county uses should be free for everyone to use. All the surrounding counties allow access without charging a fee. Mr. Keith is also a member of the Russell County Planning Commission.

The Chair closed citizens’ comment.

County Attorney Reports and Requests

Senator Chafin, County Attorney commented that he would address the Board in Executive (closed) Session at the end of the meeting.

APPROVAL OF RUSSELL COUNTY “CARES” BUSINESS GRANTS

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Russell County “Cares” Business Grants subject to the criteria in the application.

The vote was: Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING TO BE HELD ON THE RUSSELL COUNTY EROSION AND SEDIMENT ORDINANCE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a public hearing for the Russell County Erosion and Sediment Ordinance to be held at the next board meeting on Wednesday, December 09, 2020 at 6:00 pm.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

APPROVAL OF THE ANNUAL TURKEY DONATION PROGRAM

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve the annual Russell County turkey donation program in the amount of $10,000.

The vote was: Aye: Carl Rhea, David Eaton, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

Lyttle, Pastor of the Church Hill United Methodist Church commented that the “hot spot” at the church that was made available for students to use was a success. He thanked the public and the board. He also stated that the Tourism Advisory Committee had several fundraisers ongoing and was pleased with everyone involved and the work that they do.

Dustin Keith, Lebanon stated that the GIS system that the county uses should be free for everyone to Use. All the surrounding counties allow access without charging a fee. Mr. Keith is also a member of the Russell County Planning Commission.

The Chair closed citizens’ comment,

County Attorney Reports and Requests

Senator Chafin, County Attorney commented that he would address the Board in Executive (closed) Session at the end of the meeting.

APPROVAL OF RUSSELL COUNTY “CARES” BUSINESS GRANTS

Motion made by David Eaton, second Tim Lovelace and duly approved by the Board of Supervisors to approve the Russell County “Cares” Business Grants subject to the criteria in the application.

The vote was: ‘Aye: David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING TO BE HELD ON THE RUSSELL COUNTY EROSION AND SEDIMENT ORDINANCE

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian

Nay: None

APPROVAL OF THE ANNUAL TURKEY DONATION PROGRAM

Motion made by Carl Rhea, second David Eaton and duly approved by the Board of Supervisors to approve the annual Russell County turkey donation program in the amount of $10,000.

The vote was: Aye: Carl Rhea, David Eaton, Tim Lovelace, Steve Breeding, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THANKGIVING AND CHRISTMAS DAY HOLIDAY PAY FOR PART TIME COUNTY EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize Thanksgiving and Christmas Day payments for part time county employees.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A LETTER OF SUPPORT FOR THE CPRHA GRANT APPLICATION FOR DANTE

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a letter of support and authorize the Chair to sign a Cumberland Plateau Regional Housing Authority housing project grant application for the Dante community.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO CHANGE THE DECEMBER 07, 2020 BOS MEETING TO DECEMBER 09, 2020

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to change the December 07, 2020 Board of Supervisors meeting date to Wednesday, December 09, 2020 at 6:00 pm due to the county Christmas parade schedule.

The vote was: Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second Oris Christian and duly approved by the Board of Supervisors to enter Executive (closed) session to discuss legal matters pursuant to Section 2.2-3711(A)(1) – discussions concerning Personnel Matters.

The vote was: Aye: Steve Breeding, Oris Christian, Lou Wallace, Tim Lovelace, David Eaton, Rebecca Dye and Carl Rhea Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THANKGIVING AND CHRISTMAS DAY HOLIDAY PAY FOR PART TIME COUNTY EMPLOYEES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to authorize Thanksgiving and Christmas Day payments for part time county employees.

The vote was: ‘Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian

Nay: None

APPROVAL OF A LETTER OF SUPPORT FOR THE CPRHA GRANT APPLICATION FOR DANTE

The vote was: ‘Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO CHANGE THE DECEMBER 07, 2020 BOS MEETING TO DECEMBER 09, 2020

The vote was: ‘Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None

EXECUTIVE (CLOSED) SESSION

The vote was: ‘Aye: Steve Breeding, Oris Christian, Lou Wallace, Tim Lovelace, David Eaton, Rebecca Dye and Carl Rhea

Nay: None APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to return to regular session.

The vote was: ‘Aye: Steve Breeding, Tim Lovelace, David Eaton, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian

Nay: None

CERTIFICATION OF EXECUTIVE (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.

Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE Rebecca Dye - AYE Steve Breeding – AYE Oris Christian – AYE

APPROVAL TO ADVERTISE FOR A FULL TIME DEPUTY EMERGENCY MANAGEMENT COORDINATOR

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to advertise for a full-time deputy Emergency Management Coordinator.

The vote was: Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ADJOURN

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Clerk of the Board Chairperson

CERTIFICATION OF EXECUTIVE (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.

‘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 Oris Christian ~ AYE

APPROVAL TO ADVERTISE FOR A FULL TIME DEPUTY EMERGENCY MANAGEMENT COORDINATOR

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to advertise for a full-time deputy Emergency Management Coordinator.

The vote was: Aye: David Eaton, Carl Rhea, Lou Wallace, Tim Lovelace, Steve Breeding, Rebecca Dye and Oris Christian

Nay: None APPROVALTO ADJOURN

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Rebecca Dye, Lou Wallace and Oris Christian Nay: None

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item A-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

   Meeting: 12/9/20      6:00 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 November 2020 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s November 2020 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s November 2020 Monthly Expenditures.

ATTACHMENTS:

• November 2020 Monthly Expenditures

Board of Supervisors Action Item A-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 12/9/20 6:00 PM

Approval of Expenditures

Request approval of the County’s November 2020 Monthly Expenditures:

STAFF RECOMMENDATION(s): ‘County’s November 2020 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s November 2020 Monthly Expenditures.

ATTACHMENTS:

November 2020 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

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A/P CASH REQUIREMENTS PRE-LIST COMPANY #-00L FUNDESi00 PAGE 2 vEwor mevorce cuss __cxoss ar. NET auouT Gfx Accomm bot do3ei9 BALL, EARIXA — ii0sz0z0 20 57-50 57.50 4200-0:3020-2002- =~ 803439 BALL, BARIKA 11032020, 30 50.00, 50.00 4200013020202. =~ 0006s BARNHART BARRA 11032020 20 300/00 300100 «200-023020-3002- – Sooces BARNHART BARBA 11032026, 20 41140 ciieo aiog-eiso20-2002- = pyraets aeilag + cososs BELCHER, mam 11032020 20 250/00 250100 4100-029020-3002- ~~ 350.00 220.08 + ccges2 BELCHER, LINDA 11032020 20 250.00 350100 “«100-013020-3002- - 000086 BEX FRARKLIN PR 42827 327760, 4320.60 ¢zo0-o1zo10-s4or- 3arleo 337160 + oosass Bewrusy DisvRIs 286224 3182 B12 4100-012090-s401- =~ Soaaoe BENTLEY DisTRIS 286224 8182 ‘hoo-o1a0i0-seo2- Coaase BENTLEY DisTAIS 2e8224 pare Gaoo-oaaoio-seor- > Soaeae SENTieY Distaie 286224 8130 ‘oo-osgtzo-seot- | > BENTLEY DISTRIB 291253, B82 ‘oo-o2a090-sa01- || BENTLEY DISTRIB 291253, pec oo-ozzor0-seor- >> Soatse sewstsy DIsTArS 291253 pen ‘oo-escore-saoz- Soadae BeNrLeY Drstars 291253 2le0 ‘ieeeizsse-seez- Goasse BexrLsy Distars 296336 ets Stog-eizesa-seoa- Soaise BeRreny DISTRIB 296336 3138 ‘ioe-eizoie-saga- = Soceae Benriey Distaie 296336 i035 Sheo-oseole-seod- > Seeese BeNTLsY Distaia 296336 coer Roo-oiaizo-seor- > cocaas aise, ax 22082020 35.00 '4100-012090-s401— 55.00 55.00 + 006789 BLACKSTORE PUBL. 1186887 2 31136 Si.se sio0-o72010-san1- == coves BLEVING SEPTIC 24609 310100, 510/00 4300-042020-5413- == 000082 BLEVINS SEPTIC 34710 510/00 510,00 4300-082020-8413- >> 2.020109 4,020100 + 003773 BLUE WOLF SALES Hs170212, 215.32 239132 “ex00-o32020-s408- == 03772 BLUE ROLE SALES 16702 219.32 31132 ¢i00-032020-8e08- > ele ‘alee + 000052 BORANZA RESTAUR 697485 Biriers 209/31 “«ro0-o1z010-s4a3– cooess BosTic & TUCKER 35,600.00 15,€00.00 4100-012080-2002- =~ 35,600.00 38,600.00 + 006793 Bows scour TaOU 12082020 500/00, ‘$00.00 s100-o11010-sex7- =~ 500100 500.00 + oo1s99 BREEDING JEAN 11032020 20 250/00, 250.00 4200-033020-3002- =~ 330.00 350.00 = 002962 BUSH MARY aa0s2020 20 230100 230100 «100-013020-3002— 330100 230100 + 001177 caMpasix pazuir 11032020 20 4,767.20 4,767.20 "4100-033020-3002- =~ 001179 CAMPBELL PaILLT 11032020, 20 62905, Galas éioo-oasoz0-s002. > 5,396.25 5,396.25 © 003898 cARD SERVICES c 11052020 alos a6 3’iea.4e 4100-032020-s502- =~ 3iiea ae aie lee + 002337 CASKIE GRAPHICS 34722 as.as 199/44 4100-021060-2006- = - oo3ea2 cHArIN Bon 11032020 20 330100, 220.00 4100-013020-2002- =~ 230.00, 330.00 «| 0ge72 CHART, sawpeA 11032020 20 230/06, 330.00 4200-013020-2002- =~ 230.00 230100 +

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32/09/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 32/08/2020 32/99/2020 32/09/2020 12/09/2020 32/09/2020 32/09/2020 32/09/2020 32/08/2020 32/08/2020 32/99/2020 3270873020 32/09/2020

22/09/2020 33/03/2020

32/09/2020 22/09/2020

32/05/2020 32/09/2020

Tafzesz028 a/2a72020

32/05/2020 3/as/2020 31/05/2020 inyes/2020 iiyes/2020 1705/2020 11/30/2020 31/20/2020, 31/24/2020 31/24/2020 31/24/2020 32/24/2020 32/24/2020

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21/03/2020 6/16/2020

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-A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-001 FUNDEGI00 pack 3 vewwon, pwvorce cuass __cRoss ner. NET aNouvr 6/1. Accoust Bow Souseo CHRISTIAN, ORIS 21242020, TE3.00" 4100-011010-ss01- – Soaseo CHRISTIAN, ORIS 11242020, ‘Dilea a100-o11010-580¢- > alae + cosaso CrNTaS coRPoRAT 4066514633, ‘e191 4100-043020-3008- – Soaaso ciwras CORPORA? cocesiees2 Seas eio0-oas0z0-3008- = Soeeso CINTAS CORFORAT soess14e86 Btl2s S200-o30z0-3002- > S0ees0 CINTAS CoRPORAT 4065518733, S5\s2 4i00-ca3oz0-9002- > Goaase CINTAS CORPORAT cocssi4743 3é.ee Gioe-cesoae-a002- = Soadso CINTAS CORPORAT 466514969 235176 ¢100-083020-3008- |= Seecso CINZAS CORPORAT 4068735705, 20158 Hoocossoz0-s008- >> Goceso CINTAS CORPORAT 4067987630 38193 10c-ceaoz0—so0- = Seees0 CrNTAS CORPORAT 4068310090 Gali 4100-os3020-3008- Soeeso CINTAS CORPORAT 4060320235 fi00-oea0a0-a008- = ‘S0ee50 CHNZAS CORPORAT 4060320293 Boo-ossez0-3008- || Soaaso Cintas Consoax? 4068320510 ‘ioo-peae20-ag08- | Soaaso CINTAS CORPORAT 4068310813, ‘oo-oaso20-3008- 006774 COLABELLA, MARG 11032020, 20 230.00 ‘230.00 4200-013020-2002- =~ coxes9 Couns wave 11032020 20 250/00 380100 “¢x00-013020-3002- - 350.00 250100 + 003076 comas ARCHIE NOVEMBER 2020 elas Whel4e “eroo-oaz010-ssox-~ ielas Bolas + 006227 comprox, KIMBE 11032020 20 300.00, 300,09 4100-013020-2002- ~~ 08327 compro, imae 12032020 20 39.38 37128 4ioo-oizoz0-a002- => ‘Soca? COMPTON, RIMBE 12032020 20 50:00 30100 100-o13020-3002- == 367135, 267.38 * 008606 COMPTON, TeRRY 11032020, 20 250.00 250.00 «200-0:3020-3002- =~ 330/00 3eloo + 002921 cooK yvowxe 12052020 23.00, ‘23:00 4100-023020-5502- =~ 2300, 23100 o0s642 CREECH, JIMMY 11032020 20 230100 230108 "¢100-022020-3002- - 330.00 230100 + 04794 cup scours «12082020 $0070 300100 4100-o12010-se17– 500-00, 500.00 + 004442 CULBERTSON, RIC 12032020 20 230/00, 250.00 e100-012020-2002- =~ 330/08, Boleo + (001396 CUNBERLAND PLAT 1594 64,179.29 6¢,179/29 “4200-p42030-3002– sel179.17 64,279.39 004750 DALE’S HEATING 22903 28:00 25.00 s200-0720¢0-sa07- =~ 25.00 25.00 004652 DANA SAFETY SUP 665748 350/00 380100 “4100-032020-sage– oo0res DENCO seseoc7 a0 2,908.23 2,308.23 4100-073010-se1e- Soozee Dewco seco? io 33.68 ‘Woles 4100-073010-8400- sooues DEMCO 660775, io 30.12 30.12 si00-073010-sao1- = 3.097138 2,077.99 * 00193 Drscoumr TIRE ¢ 8542 733 77:28 4x00-032020-sa08- =~ 00193 DiscouRT TIRE © 8967 29.20 3.00 si00-asiez0-saoe- > 106128 308.25 + 04643 DISHNAN, TERESA 12032020 20 250/00 250.00 4100-013020-3002- - 250.00 2g0l00 + 000198 DownuroN OFFICE 122582 36139 348/99 4100-012090-5402- - Sooise Dominion OFFICE 124799 36.25, {rela3 si00-012090-sean- > 800198 Doumvrow OFFICE 125169 336133 22el99 fioocoizisosann. >>

aposs 12/03/2020

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32/09/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 12/09/2020 32/09/2020 32/08/2020 32/08/2020

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ap060 32/03/2020 |A/P CASH REQUIREMENTS PRE-LIST COMPANY #-c01 FUND#4100

DUE DATE oW.DATE VENDOR rwvorce CUMS __GRoSs amr. ___weT_aNouNT /t_accourr

32/03/2020 32/18/2020 Solees FISHER AUTO PAR 397-260348 39-36 Gouge si00-ceze00-seo7- 3336 sige +

32/03/2020 32/30/2020 904760 FRIENDS OF HoNA 11302020 1 2,000"00, 2,000.09 "4200-021010-s4x7—

12/05/2020 32/09/2020 004760 FRIENDS OF HONA 12092020, a ie00-00 rioe0le9 1og-011010-s417- >> 2!000"00 21000.00 +

32/09/2020 10/07/2020 000856 GALL’S, LLC 16655475 25.00 ‘75.00 4200-091020-s<09—

32/09/2020 10/24/2020 Cooesa GALLS, Lic 16705273 36.00 26100 i00-oa1020-409- >

3/05/2020 16/26/2020 o00ese GALLS, LEC 6793670 138.45 bela floo-oaieao-se0s) > 239/45 Bole +

12/09/2020 12/03/2020 004589 GIRL SCOUT TROD 22092020, $00.00 500.00 4100-o1010-se17–~ 500.00 Se0-00 +

22/09/2020 11/11/2020 004s47 GUERNSEY nwv-1997600 2.05, 62.05 4200-022020-se1- =~ 62108 2.03

22/08/2020 11/03/2620 006225 HALL, JO ANN 11032020 20 230.00 250100 "4100-013020-3002- =~ 330.00 2a0le0 ©

32/08/2020 11/03/2020 004772 HALSEY, KATIE w 11032020 20 Baoleo 230100 ¢100-032020-2002- =~ 350.00 230.00 +

32/08/2020 11/03/2020 002914 uaMot DEBORAH 11032020 20 230108, 230.00 ¢100-012020-3002- =~ 330/00, 330100 +

32/09/2020 32/03/2020 004778 HAM, GENEVA 12032020 20 230109, 230.00 4100-012020-2002- =~ 230/08, Baoleo +

12/09/2020 11/03/2020 003631 HARRIS REMA 11032020, 20 230.00 350.00 4100-012020-2002- =~

32/09/2020 12/03/2020 004222 HARRIS, SYDNEY 12032020 20 330/00 230100 4300-923020-3002- =~ 330100 220100 +

32/09/2020 12/03/2020 003196 HARRISON JOEL 11032020 20 3ool00 $0000 «100-023020-3002- ~~ 500-00, Seolee +

22/09/2020 11/03/2020 006779 HART, EMILY M. 11032020 20 230.00 230106 "4100-033020-3002- -~ 330.00 230100 +

32/09/2020 11/02/2020 003859 HESS DONNA «11032020 20 Feo.00 00.00 4100-013020-3002- =~ deo.00 400,00 +

32/09/2020 12/03/2020 004436 HESS, ANGELA GA 11032020 20 330700, 230.00 4100-012020-2602- =~ 230.09, 230.00 +

32/05/2020 32/30/2020 004713 HESS, CASSANDRA REIMS e327 303137 “4100-022020-se01- =~

32/09/2020 12/03/2020 004780 HESS, MARK PATR 11032020 20 250100 350100 4300-022020-3002- == 230.00 330100 +

32/03/2020 12/03/2020 004775 HOLSROOK, THOMA 12032020 20 330/00 230/00 4100-023020-3002- =~ 230.00 230/00 +

12/09/2020 12/26/2020 006664 HOME TORY HARDW 21851 3ee eles “s200-0720¢0-se07- - Pers tela

12/09/2020 11/03/2020 006220 HONAKER, AYTL 11032020 20 230.00 230/00 "«100-013020-2002- =~ 330.00 230100 +

22/09/2020 12/02/2020 000314 MUFeMAN’S TIRE 12022020 267-00, 267.00 4100-043020-seaa- –

22/09/2020 10/27/2020 00316 HUFFMAN’S TIRE 10272020 50100, Heoleo sivocosi020.saoa- > 807/09, 807/00 +

32/09/2020 10/27/2020 003866 THNOVATIVE TECH 2552 37.50 37.80 4z00-c21010-sao1- =~

32/09/2020 10/29/2020 Cosase INOVATIVE TECH 2553, 300.00 300.00 ¢s00-0:2090-s401- |

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32/03/2020 10/29/2020 Oosese INNOVATIVE TECH 2555, 390/00 300/00 €i00-ose0z0-saor- >=

32/09/2020 12/35/2020 003866 INNOVATIVE TECH 2556 3,201.50 3.201156 ¢100-032300-7002- >=

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32/09/2020 12/20/2020 oodeee INNOVATIVE TeCH 2566 ie7’s0 iayiso ioe-oigea0-3003- |

12/08/2020 11/15/2020 Co3e66 INNOVATIVE TSCH 2578 500-00, 500.09 ioo-oaiaz0-saoa- >

32/09/2020 12/39/2020 003866 INNOVATIVE TECH 2587 Se2’s0 3e2is0 a00-o7z010-3009- | =

5,714.00 5,314.00 +

‘aposo 12/03/2020 |A/P CASH REQUIREMENTS PRE-LIST COMPAKY #-001 FUND#G200

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20 20

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NET aNOUNT G/L accouxt

3,4g7 3a 330.00 35.36 3338 148192 46.00, 250/00 230100, 250.00, 330"00, 230108, 38.20, 3ol00 405.20 250.00 38.38 380 is l9e- Das es 22159, 3500/00, etter) 350.06 230.00 330/00

Sica 4100-096010-7054~ 3/e8- 2100-094010-7054- 30100 4200-098010-7054- 39’s¢ 4:00-osani0-705¢~ 37130 4200-033020-s409- 9145 4200-0s2020-sa03- $3138 sioq-esiea0-seos- ibe 4i00-031020-8409- aan © 230/00 "«100-013020-3002- 420100 + 25136 4100-043020-5407- 34li6 4100-063020-s407- 37199 Azo0-o710a0-s407- 2121 4300-094010-7054- 300100 «100-023020-3002- tel00 4200-013020-3002- rrr 250.90 "4100-013020-3002- 350100 "#100-013020-3002- 230.00 4100-013020-2002- 330.00 + 330.90 4200-013020-3002- 230.00 + 300700 "¢100-923020-3002- Se.20 4200-013020-3002- 50.00 4200-013020-3002- 35000 _«100-013020-3002- ‘elss "4200-021020-5203- 18138 + 300100 4100-013020-3002- ‘34/80 4100-013020-3002- a3as0 + 32918 "4100-063020-seo7- 398.74- 4200-043020-5407- 30362 ¢100-043020-5407- 22.39 "4100-073010-se22- 3,900.00 ¢100-032020-8002- 3/300.00 + 21199128 "e100-0320s0-3005- 21157138 + 300763 + 25000 4200-013020-3002- 230/00 "«100-023020-3002-

poco 12/03/2020

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22/09/2020 32/09/2020

32/09/2020 32/09/2020

32/09/2020 32/09/2020 12/05/2020, 32/09/2020 2/09/2020 12/09/2020 12/09/2020

32/09/2020 22/09/2020

32/09/2020

32/09/2020 32/09/2020

32/09/2020 i2/os/acze

22/09/2020 32/09/2020

32/09/2020 32/09/2020 32/08/2020 32/09/2020 3709/2020 32/09/2020 32/03/2020

12/09/2020 12/09/2020

32/09/2020 32/03/2020

sev.paTE an/ta/2028

11/03/2020 31/03/2020

21/02/2020 inye3/2020

23/03/2020 22/01/2020 20/03/2020 30/24/2020 3/33/2020 32/03/2020 32/03/2020

11/03/2020 3170372020

a1yo3/2020

23/03/2020 31/03/2020

33/13/2020 32/27/2020

32/27/2020 31/24/2020

32/20/2020 31/39/2020

31/03/2020 any03/2020

20/21/2020 31/23/2020 21/13/2020 31/13/2020 32/33/2020 32/20/2020 31/2472020

32/03/2020 32/03/2020

3/29/2020 12/13/2020

‘204200 HORROW, ERIC

oo3eso movER RICHARD O03es0 HOYER RICHARD

003652 MOYER VIRGINIA Seaes2 novER VIRGINIA

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12032020

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1103020

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20 20

$00.00 3480, 300/00 323100, 330.00 32199 36.00 735 230.00 230100 "ban so 230.00 330100, 50.00 Lisle 320/99 e266 113/30 iioe2.33 $0.00 Presets ities 371.40 2,007.36 50.00 Erect]

300-00 500700, 34.50 300/00, 250/00 330/00 36.00, 261183 330/00, 230109, 230/00, 420.00 2an so 331180 230/00 200700, eles 62.66 Soles 35.68

250.00

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Fuwpts100

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‘Top-012090-s402-

'4300-033020-3002- ‘o0-e23020-3002-

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'4200-043020-5408- ‘hop-ost0g0-s408- ‘$100-031020-se08- ‘op-oa1020-s608- '4200-023020-3002- 200-013020-3002-

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'4100-013020-2002-

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DUE DATE _nW.DATE veNDOR ravorce GUASS __cRoss ar. ___weT aNouNT g/t Accoumr 32/03/2020 31/23/2020 Oo0es3 RUSSELL COMMY 05111920-4 5,930-55 3,530.55 4100-095020-9130- 32/03/2020 2/21/2000 oooee3 RUSSELL couNTY DEC-20 1666.00 ‘'€e6.00 t1go-0ss020-9130- > 32/03/2020 32/25/2020 Soesea RUSSELL COUNTY 111920-2 alors’57 fois’s7 ‘ioo-ossoio-sis0- > 36,176.35 26,174.38 + 12/09/2020 32/30/2020 o0e6s2 RUSSELL COUNTY NOVEMBER 2020 Sage a6 ‘1496.16 4100-08z010-8025- = aise 6 Biase.i6 + 32/09/2020 12/37/2020 003554 $.5.2.7.1.C. IN 46934 36.90 ‘36190 4100-o94010-7056- – 35/09/2020 12/37/2020 oassa $.B.P.7.1.c. IN 46935 52.65 Sales t1op-osso10-7086- >> 108.75, 208.95 + 22/09/2020 11/03/2020 003062 SALYER LOIS 21032020, 20 230/00, 250100 4300-013020-002- =~ 230.00 220.00 + 22/09/2020 11/30/2020 co3e3e sax’s cLuB 11302020 35.36 55.36 <200-042020-s405- =~ 32/09/2020 11/30/2020 cosese SAM’S CLUB 11302020, 39/38 {sia auoc-caaoze-saos- 32/os/a0e0 11/30/2020 Coase Saw’s CLUB 11302020 29.58 19i3e dloo-oesos0-saos- > 32/03/2020 11/20/2020 ose Sam’s CLUB 11302020 289°98 ai9is8 fdoco3soso-sear- |= 32 /eg/2020 11/30/2020 Goseae SA’s CLUB 11302020 folse doles @1oo-oazou0-seon. > 26.28 266128 + 32/08/2020 32/08/2020 004017 SCOTT, HERBERT JULY-NoV 2020 pret 247.26 4100-013010-8501- =~ ben ae 257 26 + 32/08/2020 32/03/2020 004434 SCOTT, TABETHA 11032020 20 230.00, 230.00 4100-013020-2002- =~ 230/00, 330.00 + 32/09/2020 12/22/2020 003360 SHENTEL aaz22020 ase 62 25ele2 4200-035050-5413- =~ dee lea 354162 + 12/09/2020 11/03/2020 004428 SHORTER, BRIAN 11032020 20 4300/00 300109 <300-023020-2002- ~~ 32/09/2020 21/03/2020 Ooadze SHORTER, BRIAN 11032020 20 3169 ‘lee €ieocoas020-3002- | 22/op/aez0 11/03/2020 Ooaaze SHORTER, BRIAN 11032020 26 50:00, solo ti0-cisc0-s002. abe 60 ase les + 32/09/2020 11/03/2020 co4122 Simmons CHERILY 11032020 20 230.00 250100 «100-013020-3002- =~ Boleo 330/00 + 32/09/2020 11/03/2020 001204 S125M0RE SHARO 11032020 20 300-00 30000 “er00-012020-3002- =~ 32 /eg/a020 12/03/2020 Go1loe SizeMORE SHARD 11032020 20 25.30 ‘25/30 4ioo-o130g0-3008- = 32/09/2020 11/03/2020 001104 SIZEMORE SHARD 12032020 25 50.00 $000 sioo-oisoz0-a002- > 395138, 275.30 + 32/08/2020 22/02/2020 004710 SEANSKA USA BUT 2220802-05 Ri 500-00 500.00 ¢300-09¢010-029- == 432/03/2020 32/30/2020 004710 SKANSHA Usa BUT 220802-06 6,000:06 6,000°00 <i00-08g010-8029- == 1500.00 1500.00 + 42/09/2020 12/03/2020 oo4s1e surTs, ciNDY 12032020 20 390/00 300108 «300-023020-2002- ~~ 12/e3/2020 11/03/2020 ooasie Suit, ciNoY 21032020, 2 39180 ‘$9180 ai0a-c1s0a0-3002- 32/09/2020 12/03/2020 00es28 SMITH, CINDY 11032020 20 SoL00 Soleo aieg-e1aca0-3002- = 409.80 499180 + 32/09/2020 21/03/2020 004777 SMITH, JAMES 11032020 20 330.00 250100 4100-012020-3002- ~~ 230.00 230/00 * 22/09/2020 11/03/2020 004786 SNEAD, sOSMUA 11032020 20 50.00 $0.00 4100-013020-2002- =~ 50.00 50.00 32/09/2020 10/27/2020 603628 SOUTEMEST REGIO DANTE TRAIL 5,550.00 3,580100 “4200-09¢010-8031- = sissel00 37350100 + 32/08/2020 12/03/2020 004781 STEVENS, ELIZAB 12032020 20 230.00 230.00 ¢200-022020-3002- =~ 32/08/2020 32/03/2020 002764 STILTNER NELSON 11032020 20 30.00, 0.00 4200-013020-2002- =~ 50.00, 30.00 * 32/09/2020 12/03/2020 003997 STINSON, JANET 11032020 20 230.00 230.00 4100-013020-2002- - 230.00 330.00 + 42/09/2020 10/30/2020 003344 simeKIT BUSINESS 2020630 3838 78.93 4100-012300-7002- =~ 33/09/2020 13/30/2020 003iee SiMBIT BUSINESS 2020675 qas Jers aioe-olza00-v002. >

peso 12/03/2020

ue pare 32/03/2026

12/09/2020 12/09/2020 12/09/2020 22/09/2020 32/09/2020 22/09/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 12/09/2020 32/09/2020 22/09/2020 32/08/2020 32/09/2020 32/09/2020 32/08/2020 32/09/2020 32/09/2020 32/09/2020 32/09/2020 12/09/2020 22/09/2020 22/09/2020

22/09/2020 32/09/2020

32/09/2020 32/09/2020

32/09/2020

nav DATE i1/a8/2026

31/03/2020 32/09/2020 30/28/2020 32/09/2020 0/09/2020 11/09/2020 32/03/2020 33/03/2020 22/09/2020 22/20/2020 34/30/2020 32/28/2020 32/09/2020 32/20/2020 10/23/2020 31/03/2020 21/03/2020 ni/ons2020 31/01/2020 32/01/2020 32/01/2020 32/25/2020 32/03/2020 32/09/2020 32/22/2020 10/27/2020

10/07/2020 22/09/2020

23/20/2020 21/03/2020 32/03/2020

1002099 SUPREME COURT ©

302079 ooasne. ao036e ooosee ooeans eooseo 0080 cena 900706 208087 cosas

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onpta00 PAGE 30 ROSS ANT NET ANOUNT G/L _accoust Pot 200.00 300.00 e100-oz1060-ss02- — 200100, 200.00 + 230/06, 23000 4x00-012020-2002- - 230.00 230700 + 30100 50.00 4200-012:30-seo1- ~ 30100, 50.00 + 5158 475"58 "¢200-022020-3007-—- 36.30 ‘Jel30 100-013030-3007- 5.60 asco Si0a-cin0ae-3007- = 8,348.00 2,948.08 4100-073020-5424- 8548-00 8194800 + 250.00 250.00 4100-013020-3002- - 350100, 250/00 + 2,975.00 2,975.00 4100-084010-8031- ~ 31518100, 2isrs.oo = aex2"00 21032100 s100-oazeo0-saze– aosa.0e iioaaloo + alesa 00 31032100 "4300-082400-sere- Sites Shilee 4ioo-oas020-s203- > 38.33 38138 4100-0730e0-s203- 250/00 250/00 4100-022020-5417- - 2,492115, 1,482.13 + 2663-00 1’63100 “s100-oazgc0-saze- ~ 3663-00 Tigsa-ea + 7Stales 7148198 “e1co-caa060-ssa2- 280.01 260.00 _4100-013020-2002- 280.00 260100 + 230.00 330.00 4100-012020-2002- - 230100, 230.00 «| 65.00 5.00 4100-032020-7002- - eee 08 eealoo 4l00-o31020-7003- 65.00 5.00 s:00-0a10a0-7003- see l00 cealo0 4300-032020-7003- > 2,498.00 2,498/00 «| 2/408:00 0498100 "«100-012020-se0:- 250.00 350100 “ex00-022020-3002- 30.00 350100 + fol00 2000 ets Salaa “s200-o710¢0-s101- Selee Salas + 25160 43/60 “4100-0¢0020-seo7- Freee 398134 “4n00-o710¢0-seo7- 10.75 ols aioece7i0a0csa07- = 190168 290°65 + 35.00, 35100 4200-032080-sa02- ~ 3300, S500 250/00 280100 4100-023020-3002- - 230.00 230.88 "¢100-032020-2002–

pose 12/03/2020

Hayos/a0ad

32/09/2020 32/09/2020

12/09/2020 32/09/2020

22/09/2020 32/08/2020 32/09/2020 32/09/2020 32/08/2020

Ti/20/2025

32/03/2020 41/03/2020

32/03/2020 31/03/2020

10/06/2020 0/06/2020 10/06/2020 to/o6/2020 40/06/2020

vewnor

0020893 WISE JAMES oR

004209 WISE, DARLENE 004776 woLPR, GLORIA

00219 xeaess Lume 00219 XPRESS LUBE 00219 XPRESS LUBE

TOTAL FOR DUE DATE 12/08/2020

A/P CASH REQUIRENENTS PRE-LIST COMPANY #-001

panie0

10062020 20082020,

‘TOTAL DUE PoR PUND- 4100

10.08 doles 300/06 19.55 330/00 230.00 63.83 Files 503 236,013.82

ioloe 313185, 230108, 330108, ier) ales aanlos 236,013.91

ser awour 6/1, accom

$00-083020-5407-

'4200-013020-3002-

‘4200-023020-3002-

'4100-032020-5408- ‘Shoa-ea1020-s408

PAGE 11

poco 32/03/2020

2703/2025,

12/09/2020 12/09/2020 12/09/2020, 32/09/2020 32/09/2028, 22/09/2020 22/09/2020 32/09/2020 32/08/2020 32/09/2020 32/09/2020 32/09/2020 12/09/2020 22/09/2020 32/09/2020 22/09/2020 32/09/2020 32/09/2020 32/03/2020 32/09/2020 i2yo9/2020 12/09/2020, 32/09/2020 12/09/2020, 32/09/2020 12/09/2020 22/09/2020 32/09/2020 32/08/2020 32/09/2020 32/09/2020 32/09/2020 12/09/2020, 12/09/2020

32/09/2020

swv.pare 372372026

32/09/2020 20/22/2020 30/29/2020 30/23/2020 30/27/2020 31/30/2020 31/27/2020 1172772020 31/25/2020 23/03/2020 23/23/2020 33/23/2020 32/23/2020 32/23/2020 31/13/2020 31/29/2020 11/26/2020 itfao/2020 33/17/2020 20/06/2020 30/06/2020 30/08/2020 30/03/2020 30/20/2020 30/21/2020

9/35/2020 11/13/2020 32/23/2020 22/02/2020 33/30/2020 34/30/2020 31/30/2020 32/50/2020 33/23/2020

10/27/2020

oo0s8 200138 00398 eooase

008433 008225 004778 cosess

soaees

ooeses 000367 200367 800367 o0a7a2 oo2si7 sosese

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A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-00

Games Act

32082020 iasvl ses? beso Eertts 20-833 re9ese canes act 2586 asso86 35807 39763, 99182020 canes act 32022020 aaz02020 Feetitity ii3ea06

asas

oxp#e208 PAGE 12 sn0ss_ ner MET awousT g/t. accouer P08 2,652.50 ve92-80 4208-013010-3002- ~~ 2632/50 21682150 + 503.30 509°30 4z08-o1s010-3002- -~ 308.30 3os’30 Every 245139 4208-013010-3002- – 348.88 348199 @2oe-o1so10-so0z- == riety 33135 sz08-oi3020-3002- = 170100 370109 ¢a0e-o2s0z0-3002. >> 31.08 2108 4208-043020-sa0g- > 2.082 16 aogalig fgoa-oes020-se0s- >> pose ie {ieeaie ¢aga-oaacao-saos) |= 21039195 31039195 taga-cusoz0-seos- > = Sosa 32 ogala2 + i!200-00 3200/00 “4208-oeaca0-sex3- – 3i00"00 3/100/00 + aisss:00 31595100 “az0s-o1n010-se1¢- ~~ 21995"00 31335100 31 6sa’s0 21é92/S0 4208-013010-2002- - 2682150 2632.50 * 1608-00 {lees 100 “4208-o13010-3002- ~~ 21605.00 i605.00 * 1/830"00 i’as0’00 4a0a-o23020-3002- ~~ ii8s0.00 + 21338!00 2’18.00 420a-0n3020-3002- = 2ias.00 2i9t8 00 + 750-00, 50.00 <208-012300-7002– 337/50, 337/80 saoeconzacon7002- > = 8,025.00 2,025.09 4208-012300-7002- >> siai2’s0 $1322/80 300000 3’000100 4208-043020-se0s- = - 3000.00 3/200100 + 27.07 23.07 4208-043020-sa13- = 18665, aaeles dz0p-oasoz0-san3- >> 208139, Ecreet] pascao-s4z3- | 6.32 36.32 oi3ci0-3002- 106765 106 65 oisci0-3002- | > ree ‘18s $208-023020-3002- == 520197 520.77 43,711.50 43,711.59 : SSina’so asiniiso 3380100 '21280.00 4208-013010-2002- ~~ 2200-00 2128000 0000, ‘ieo.00 13010-3002 = 0106 f0"00, aas,000100, 35,000.00 oi-see- == Tigioooe0 © 115,000-00 53.52 $9.92 o¢3020-s¢0s- = 736 37136 oescae-scos- | rae Breer oas0s0-s403- 2,399.68 2,399.68 420e-c430z0-sa09- 2iesz-a2 2igaa.a2 * 3263175, 31263175 “sz0s-o1s010-s002- =~ i265 ribeals © 50.00 $0.00 <208-o1s010-3002- =~

poco 32/03/2020

Due pare _rwv.oATE. 32/03/2026 32/33/2026

32/09/2020 9/04/2020 32/09/2020 12/23/2020 32/09/2020 9/23/2020 32/09/2020 12/05/2020

A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-001

vewoor _ wore cuass ‘Doasie SMITH, CENDY — CARES ACT

o0s6o1 THE HOME DEPOT 571232958 oosaio TRENT, TINA CARES ACT 900706 T¥O WAY RADIO t 104000612

TOTAL FOR DUE DATE 12/09/2020

oa Ba JES ee ak

we Bo 8 Be

onpts208

Ross Aer. ___ MET aNouwr

o/s accousr S30e-o13010-3002-

'4208-9¢3020-5409-

AP06o 12/03/2020

DUE DATE INV.OATE veNDOR mavorce 32/03/2020 71/18/2020 SovGe0 TON OF WONKEER 11182020

32/08/2020 10/22/2020 000758 KALLACE FURKITU 128633

TOTAL FOR DUE DATE 12/08/2020 NOR-DIRECT DEPOSIT

DIRECT DEPOSIT

E-Payable Total

cuss

A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-001

FoNp¥ea39 PAGE 14 cross AMT. ___NET_aNOUNT G/t_AccousT Pot 25187 St anes 272.63 430,72.90 438, 172130 Toa 20 00 oo

Board of Supervisors Action Item

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

    Meeting: 12/9/20        6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board Appointments Committee Appointments for Board Consideration.

Drill Community Center

Staff Recommendation:

Board Discretion.

Board of Supervisors 137 Highland Drive Lebanon, VA 24266

Meeting: 12/9/20 6:00 PM

Action Item Presenter: Chairperson

Board Appointments

Committee Appointments for Board Consideration.

Drill Community Center

Charlene Blankenship Two-Year Term Rachel Helton Two-Year Term Doug Lester Two-Year Term Harold D. Thomas Two-Year Term Betty Sue Hess Two-Year Term

Staff Recommendation:

Board Discretion.

December 31, 2020 December 31, 2020 December 31, 2020 December 31, 2020 December 31, 2020

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 www.russellcountyva.us

Board of Supervisors   Action Item

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

    Meeting: 12/9/20        6:00 PM

County Attorney Reports

Courthouse Project Proposal Resolution (Pursuant to PPEA)
RC Erosion and Sediment Ordinance
VRA & RC PSA Lenders’ Agreements
Clinch River Little League
Key Western Property Easement

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

County Attorney Reports

Courthouse Project Proposal Resolution (Pursuant to PPEA)
RC Erosion and Sediment Ordinance
VRA & RC PSA Lenders’ Agreements
Clinch River Little League
Key Western Property Easement

Staff Recommendation:

Board Discretion.

‘Suggested Motion:

Motion Required.

ATTACHMENTS:

Various

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”

Oris Christian Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

RESOLUTION TO ACCEPT THE PROPOSAL OF J.A. STREET AND ASSOCIATES, INC. PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND

INFRASTRUCTURE ACT OF 2002 (“PPEA”) AND THE PPEA GUIDELINES ADOPTED BY THE RUSSELL COUNTY BOARD OF SUPERVISORS ON OCTOBER

7, 2019 REGARDING THE EXPANSION AND RENOVATION OF THE COUNTY COURTHOUSE WHICH HAS PREVIOUSLY BEEN DETERMINED TO BE A

QUALIFYING PROJECT PURSUANT TO THE PPEA

WHEREAS, on February 19, 2020, the Russell County Board of Supervisors declared the Renovations of the Courthouse to be a “Qualifying Project” and subsequently requested proposals regarding the renovation and/or expansion of the Courthouse.

WHEREAS, on November 2, 2020 the Russell County Board of Supervisors was informed that the Courthouse Committee planned to receive revised proposals in the “detailed phase” pursuant to the PPEA guidelines with three proposers, namely, BurWil Construction Company, Inc., J.A. Street and Associates, Inc., Pray Construction Company.

WHEREAS, on December 9, 2020 the Members of the Courthouse Committee reported that they had met with and interviewed extensively the three proposers named above and that those proposers are ranked by the authorized representatives of the Courthouse Committee as follows:

J.A. Street and Associates, Inc.
BurWil Construction Company, Inc.
Pray Construction Company

NOW, THEREFORE, BE IT RESOLOVED AS FOLLOWS;

The Russell County Board of Supervisors hereby ratifies and reaffirms the determinations and the actions taken on its behalf reflected in the above recitals. The proposal of J.A. Street is hereby selected pursuant to the PPEA and the PPEA guidelines.

The Russell County Board of Supervisors, in conjunction with the Courthouse Committee and Skanska USA Building Inc., shall continue negotiations for the purpose of entering into an Interim Agreement with J.A. Street and Associates, Inc. for design phase services only following a public hearing but no sooner than 30 days prior to the public hearing.

Russell County Virginia

“The Heart of Southwest Vi ia” ris Christian Carl Rhea At-Large District 3 Tim Lovelace Rebecca Dye, Chairperson David Eaton District 4 District 6 District 4 Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

RESOLUTION TO ACCEPT THE PROPOSAL OF J.A. STREET AND ASSOCIATES, INC. PURSUANT TO THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 (“PPEA”) AND THE PPEA GUIDELINES ADOPTED BY THE RUSSELL COUNTY BOARD OF SUPERVISORS ON OCTOBER 7, 2019 REGARDING THE EXPANSION AND RENOVATION OF THE COUNTY COURTHOUSE WHICH HAS PREVIOUSLY BEEN DETERMINED TO BE A QUALIFYING PROJECT PURSUANT TO THE PPEA.

REAS, on February 19, 2020, the Russell County Board of Supervisors declared the Renovations of the Courthouse to be a “Qualifying Project” and subsequently requested proposals regarding the renovation and/or expansion of the Courthouse.

WHEREAS, on December 9, 2020 the Members of the Courthouse Committee reported that they had met with and interviewed extensively the three proposers named above and that thos proposers are ranked by the authorized representatives of the Courthouse Committee as follows:

J.A. Street and Associates, Inc.
BurWil Construction Company, Inc.
Pray Construction Company

NOW, THEREFORE, BE IT RESOLOVED AS FOLLOWS;

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Negotiations with J.A. Street and Associates, Inc. shall be done with a goal of preparing a Comprehensive Agreement on such terms and in such a format to be consistent with the requirements of the funding agencies and in the best interests of the citizens of Russell County.

The Courthouse Committee shall keep the Russell County Board of Supervisors fully advised as to the status of those negotiations.

The Russell County Board of Supervisors reserves the right to terminate this procurement at any time per the terms of the Interim Agreement prior to the execution of the comprehensive agreement.

ADOPTED the 9th day of December 2020.

 RUSSELL COUNTY BOARD

OF SUPERVISORS

REBECCA DYE Chairperson

ATTEST:

Lonzo Lester Clerk of the Board

‘Negotiations with J.A. Street and Associates, Inc. shall be done with a goal of preparing a Comprehensive Agreement on such terms and in such a format to be consistent with the requirements of the funding agencies and in the best interests of the citizens of Russell County.

The Courthouse Committee shall keep the Russell County Board of Supervisors fully advised as to the status of those negotiations.

The Russell County Board of Supervisors reserves the right to terminate this procurement at any time per the terms of the Interim Agreement prior to the execution of the comprehensive agreement.

ADOPTED the 9th day of December 2020.

RUSSELL COUNTY BOARD OF SUPERVISORS

REBECCA DYE Chairperson

ATTEST:

Lonzo Lester Clerk of the Board

K&C Draft: 7/16/2020

MASTER FINANCING AGREEMENT

dated as of __________ 1, 2020

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

$6,157,089.73 Water and Sewer Revenue Bond, Series 2020B

$5,901,097.65 Water and Sewer Revenue Bond, Series 2020C

Tracy Highlight

K&C Draft: 7/16/2020

MASTER FINANCING AGREEMENT

dated as of 1, 2020

BETWEEN

as Administrator of the Virginia Water Supply Revolving Fund

AND

Virginia Resources Authority Virginia Water Supply Revolving Fund

TABLE OF CONTENTS

[To Be Updated] Page

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 BONDS

Section 3.1. Amendment and Restatement of Financing Agreements…7 Section 3.2. Conditions Precedent to Entering into Master Financing Agreement …7

ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT

Section 4.1. Application of Article IV …9 Section 4.2. Application of Proceeds …9 Section 4.3. Agreement to Accomplish Project …10 Section 4.4. Permits …11 Section 4.5. Construction Contractors …11 Section 4.6. Engineering Services …11 Section 4.7. Borrower Required to Complete Project …11

ARTICLE V PLEDGE, REVENUES AND RATES

Section 5.1. Pledge of Revenues; Rate Covenant …12 Section 5.2. Annual Budget …13 Section 5.3. Qualified Independent Consultant’s Report …13

TABLE OF CONTENTS

[To Be Updated]

ARTICLE I

Section 1.1. Definitions . . Section 1.2. Rules of Construction .

ARTICLE II REPRESENTAT S

Section 2.1. Representations by Borrower …

ARTICLE HD ISSUANCE AND DELIVERY OF

HE LOCAL BONDS

Section 3.1, Amendment and Restatement of Financing Agreement Section 3.2. Conditions Precedent to Entering into Master Financing Agreement 7

ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT.

Section 4.1. Application of Article IV 9 Section 4.2. Application of Proceeds … 9 Section 4.3. Agreement to Accomplish Project 0 Section 4.4. Permits . 1 Section 4.5. Construction Contractors … 1 Section 4.6. Engineering Services 1 Section 4.7. Borrower Required to Complete Project i ARTICLE V PLEDGE, REV AND Ry

Section 5.1. Pledge of Revenues; Rate Covenant … Section 5.2. Annual Budget Section 5.3. Qualified Independent Consultant’s Report …

ARTICLE VI PAYMENTS

Section 6.1. Payment of Local Bonds …13 Section 6.2. Payment of Additional Payments …14

ARTICLE VII PREPAYMENTS

Section 7.1. Prepayment of Local Bonds …14

ARTICLE VIII OWNERSHIP, 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 System …15 Section 8.7. Sale or Encumbrance …16 Section 8.8. Collection of Revenues …16 Section 8.9. No Free Service …16 Section 8.10. No Competing Service …17 Section 8.11. Mandatory Connection …17 Section 8.12. Lawful Charges …17 Section 8.13. Operating Budget …17 Section 8.14. Operating Reserve …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

ARTICLE X SPECIAL COVENANTS

Section 10.1. Maintenance of Existence …19

Section 6.1. Section 6.2.

Section 7.1

Section 8.1 Section 8.2. Section 8.3. Section 8.4. 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 8.13.

Section 8.14.

Section 9.1 Section 9.2. Section 9.3. Section 9.4. Section 9.5.

Section 10.1.

ARTICLE VI

PAYMENTS Payment of Local Bonds . Payment of Additional Payments 14 ARTICLE VIL PREPAYMENTS Prepayment of Local Bonds 14 ARTICLE VIII OWNERSHIP, OPERATION AND USE OF SYSTEM Ownership and Operation of Project and System 15 Maintenance . Additions and Modifications Use of System …

Inspection of System and Borrower’s Books and Records Ownership of System Sale or Eneumbrance Collection of Revenues No Free Service … No Competing Service Mandatory Connection Lawful Charges Operating Budget Operating Reserve

ARTICLE IX

INSURANCE, DAMAGE AND DESTRUCTION

Insurance Requirements of Policies . Notice of Damage, Destruction and ‘Condemnation Damage and Destruction ‘Condemnation and Loss of Title

ARTICLE X SPECIAL COVENANT

Maintenance of Existence

Section 10.2. Financial Records and Statements …19 Section 10.3. Certificate as to No Default …20 Section 10.4. Additional Indebtedness …20 Section 10.5. Parity Bonds …20 Section 10.6. Further Assurances …22 Section 10.7. Other Indebtedness …22 Section 10.8. Assignment by Borrower …22 Section 10.9. Davis-Bacon Act …22 Section 10.10. American Iron and Steel …22 Section 10.11. Recordkeeping and Reporting …23 Section 10.12. Service Contracts …23

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 …25 Section 11.5. State Aid Intercept …25

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 …26 Section 12.6. Notices …26 Section 12.7. Right to Cure Default …26 Section 12.8. Headings …27 Section 12.9. Term of Agreement …27 Section 12.10. Termination of Original Financing Agreements …27 Section 12.11. Counterparts …27

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.

Financial Records and Statements Certificate as to No Default Additional Indebtedness … Parity Bonds

Other Indebtedness Assignment by Borrower Davis-Bacon Act … ‘American Iron and Steel … Recordkeeping and Reporting Service Contracts

ARTICLE XI DEFAULTS AND REMEDIES Events of Default 23 Notice of Default 24

Remedies on Default. Delay and Waiver … State Aid Intercept

ARTICLE XII MISCELLANEOUS

Successors and Assigns ‘Amendments Limitation of Borrower’s Liability 25 Applicable Law . Severability Notices … Right to Cure Default Headings Term of Agreement Termination of Original Financing Agreements . Counterparts

EXHIBITS

Exhibit A - Form of Local Bonds Exhibit B - Project Descriptions Exhibit C - Project Budgets Exhibit D - Opinion of Borrower’s Bond Counsel Exhibit E - Form of Requisition Exhibit F - Original Bonds Exhibit G - Original Financing Agreements Exhibit H - Prior Bonds and Existing Parity Bonds
Exhibit I - Debt Service Schedules Exhibit J - Form of Budget Exhibit K - Amended and Restated Support Agreement

EXHIBITS

Exhibit A - Form of Local Bonds Exhibit B - Project Descriptions

Exhibit C - Project Budgets

Exhibit D - Opinion of Borrower’s Bond Counsel Exhibit E - Form of Requisition

Exhibit F - Original Bonds

Exhibit G - Original Financing Agreements

Exhibit H - Prior Bonds and Existing Parity Bonds Exhibit I - Debt Service Schedules

Exhibit J - Form of Budget

Exhibit K - Amended and Restated Support Agreement

MASTER FINANCING AGREEMENT

THIS MASTER FINANCING AGREEMENT is made as of this first day of __________, 2020, 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 (the “Fund”), and THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY, a body politic and corporate and a political subdivision of the Commonwealth of Virginia (the “Borrower”).

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 certain loans from the Fund and has evidenced its obligation to repay such loans by its bonds as described on Exhibit F (the “Russell PSA Bonds”) pursuant to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and the Borrower (the “Russell PSA Financing Agreements”). In connection with the transfers and assumptions described below, the Borrower has requested that the Authority agree to amendments to and restatements of the Russell PSA Financing Agreements with respect to the Russell PSA Bonds on the terms and conditions stated in this Agreement.

The Castlewood Water and Sewage Authority (“Castlewood WSA”) has previously issued its bonds as described on Exhibit F (the “Castlewood WSA Bonds”) pursuant to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and Castlewood WSA (the “Castlewood WSA Financing Agreements”). Castlewood WSA has agreed to transfer to the Borrower the facilities financed by the Castlewood WSA Bonds and the Borrower has agreed to assume the Castlewood WSA Bonds. The parties desire to provide for the assumption by the Borrower of the obligations of the Castlewood WSA with respect to the Castlewood WSA Bonds, on the terms and conditions stated in this Agreement.

The County of Russell, Virginia (the “County”) has previously issued its bonds as described on Exhibit F (the “County Bonds”) pursuant to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and the County (the “County Financing Agreements”). The County has agreed to transfer to the Borrower the facilities financed by the County Bonds and the Borrower has agreed to assume the County Bonds. The parties desire to provide for the assumption by the Borrower of the obligations of the County with respect to the County Bonds, on the terms and conditions stated in this Agreement.

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

MASTER FINANCING AGREEMENT

THIS MASTER FINANCING AGREEMENT is made as of this first day of 2020, between the J, as

|. and

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 conjunetion 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 Castlewood Water and Sewage Authority (“Castlewood WSA”) has previously issued

its bonds as described on Exhibit F (the “Castlewood WSA Bonds”) pursuant to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and Castlewood WSA (the “Castlewood WSA Financing Agreements”). Castlewood WSA has agreed to transfer to the Borrower the facilities financed by the Castlewood WSA Bonds and the Borrower has agreed to assume the Castlewood WSA Bonds. The parties desire to provide for the assumption by the Borrower of the obligations of the Castlewood WSA with respect to the Castlewood WSA. Bonds, on the terms and conditions stated in this Agreement.

‘The County of Russell, Virginia (the “County”) has previously issued its bonds as described on Exhibit F (the “County Bonds”) pursuant to Financing Agreements as described on Exhibit G, between the Authority, as Administrator of the Fund, and the County (the “County Financing Agreements”). The County has agreed to transfer to the Borrower the facilities financed by the County Bonds and the Borrower has agreed to assume the County Bonds. The parties desire to provide for the assumption by the Borrower of the obligations of the County with respect to the County Bonds, on the terms and conditions stated in this Agreement.

ARTICLE I

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 Master 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 and Exhibit I payable as an annual fee for administrative and management services attributable to certain of the Local Bonds.

“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.

“Castlewood WSA” means The Castlewood Water and Sewage Authority.

“Castlewood WSA Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by Castlewood WSA to the Authority, as Administrator of the Fund.

“Castlewood WSA Financing Agreements” means, collectively, the financing agreements between the Authority and Castlewood WSA as further described on Exhibit G.

“Closing Date” means the date of delivery of the Local Bonds to the Authority, as Administrator of the Fund.

“Consulting Engineer” means the engineer or firm of independent consulting engineers of recognized standing and experienced in the field of sanitary engineering and registered to do business in Virginia which is designated by the Borrower from time to time as the Borrower’s consulting engineer in accordance with Section 4.6 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, if any, payable as set forth in Section 6.1 and Exhibit I.

“County” means the County of Russell, Virginia.

“County Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by the County to the Authority, as Administrator of the Fund.

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 Master Financing Agreement between the Authority and the Borrower, together with any amendments or supplements hereto,

“Board” means the Virginia Board of Health, “Castlewood WSA” means The Castlewood Water and Sewage Authority.

“Castlewood WSA Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by Castlewood WSA to the Authority, as Administrator of the Fund.

“Castlewood WSA Financing Agreements” means, collectively, the financing agreements between the Authority and Castlewood WSA as further described on Exhibit G.

“Closing Date” means the date of delivery of the Local Bonds to the Authority, as Administrator of the Fund.

“Cost of Funds” means interest, including the part thereof allocable to the Annual Administrative Fee, if any, payable as set forth in Section 6.1 and Exhibit I

“County” means the County of Russell, Virginia.

“County Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by the County to the Authority, as Administrator of the Fund.

“County Financing Agreements” means, collectively, the financing agreements between the Authority and the County as further described on Exhibit G.

“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 Borrower’s bonds, notes or other evidences of indebtedness, as further described on Exhibit H, that on the respective dates of the Local Bonds’ issuance and delivery were secured by or payable from a pledge of Revenues on a parity with the pledge of Revenues securing the Local Bonds.

“Fiscal Year” means the period of twelve months established by the Borrower as its annual accounting period.

“Financing Agreements” means, collectively, the Castlewood WSA Financing Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.

“Funding Agreement” means the Amended and Restated Funding Agreement, dated as of the date hereof, between the Authority, as Administrator of the Fund, and the Borrower.

“Local Bonds” means, collectively, the bonds relating to the assumption of the Castlewood WSA Bonds and the County Bonds and the amendments and restatements of the Russell PSA Bonds, substantially in the forms 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 aggregate proceeds from the sale of the Local Bonds pursuant to this Agreement.

“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, the Master Parity Agreement and the Transfer Agreement and the execution, issuance and delivery of the Local Bonds.

“Master Parity Agreement” means the Master Parity Agreement dated as of __________, 2020, among the Authority, the Borrower and United States of America, acting by and through the Rural Utilities Service, an agency of the United States Department of Agriculture.

“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.

“County Financing Agreements” means, collectively, the financing agreements between the Authority and the County as further described on Exhibit G.

“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.

“Fiscal Year” means the period of twelve months established by the Borrower as its annual accounting period.

“Financing Agreements” means, collectively, the Castlewood WSA Financing ‘Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.

“Funding Agreement” means the Amended and Restated Funding Agreement, dated as of the date hereof, between the Authority, as Administrator of the Fund, and the Borrower.

“Local Bond Proceeds” means the aggregate proceeds from the sale of the Local Bonds pursuant to this Agreement.

“Master Parity Agreement” means the Master Parity Agreement dated as of : 2020, among the Authority, the Borrower and United States of America, acting by and through the Rural Utilities Service, an agency of the United States Department of Agriculture.

“Net Revenues Available for Debt Service” means the Revenues less amounts necessary to pay Operation and Maintenance Expense.

“Operating Reserve Fund” means the operating reserve fund established in Section 8.13.

“Operation and Maintenance Expense” means the costs of operating and maintaining the System determined pursuant to generally accepted accounting principles, exclusive of (i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any 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.

“Original Bonds” means, collectively, the Castlewood WSA Bonds, the County Bonds and the Russell PSA Bonds.

“Original Financing Agreements” means, collectively, the Castlewood WSA Financing Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.

“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower issued under Section 10.5.

“Prior Bonds” means bonds, notes or other evidences of indebtedness of the Borrower
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 Bonds.

“Project” means, collectively, the particular projects described in Exhibit B, the costs of the construction, acquisition or equipping of which were financed or financing in whole or in part with the Local Bond Proceeds.

“Project Budgets” means, collectively, the budgets for the financing or the refinancing of each Project, copies of which are attached to this Agreement as Exhibit C.

“Project Costs” means the costs of the construction, acquisition or equipping of each Project, as further described in the Project Budgets, and such other costs as may be approved in writing by the Authority, provided such costs are permitted by the Act.

“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

“Net Revenues Available for Debt Service” means the Revenues less amounts necessary to pay Operation and Maintenance Expense.

“Operating Reserve Fund” means the operating reserve fund established in Section 8.13.

“Operation and Maintenance Expense” means the costs of operating and maintaining the System determined pursuant to generally accepted accounting principles, exclusive of

(i) interest on any debt secured by or payable from Revenues, (ii) depreciation and any 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.

“Original Bonds” means, collectively, the Castlewood WSA Bonds, the County Bonds and the Russell PSA Bonds.

“Original Financing Agreements” means, collectively, the Castlewood WSA Financing ‘Agreements, the County Financing Agreements and the Russell PSA Financing Agreements.

“Parity Bonds” means bonds, notes or other evidences of indebtedness of the Borrower issued under Section 10.5.

“Prior Bonds” means bonds, notes or other evidences of indebtedness of the Borrower 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 Bonds.

“Project Budgets” means, collectively, the budgets for the financing or the refinancing of each Project, copies of which are attached to this Agreement as Exhibit C.

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.

“Required Operating Reserve” shall have the meaning set forth in Section 8.13.

“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 or operation of the System, 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 relating to the System, (iii) interest on any money or securities related 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 the Borrower to the payment of its Local Bonds.

“Russell PSA Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by the Borrower to the Authority, as Administrator of the Fund.

“Russell PSA Financing Agreements” means, collectively, the financing agreements between the Authority and Borrower as further described on Exhibit G.

“Service Contracts” means the Agreement for Sale and Purchase of Water dated May 6, 2014, between the Borrower and the Buchanan County Public Service Authority; Water Sale Agreement dated July 8, 2015, between the Borrower and the Town of Honaker, Virginia; Agreement for the Bulk Sales of Water dated March 14, 2002, between the Borrower and the Town of Lebanon, Virginia; Agreement for the Bulk Sale of Water dated June 11, 2001, between the Borrower and the Tazewell County Public Service Authority; and Contract for Sale of Water dated October 3, 2013, between the Borrower and the Washington County Service Authority. [Add any service contracts transferred from Castlewood WSA and Russell County]

“Subordinate Bonds” means bonds, notes or other evidences of indebtedness of the Borrower secured by or payable from a pledge of Revenues expressly made subordinate to the pledge of Revenues securing the Local Bonds.

“Support Agreement” means the Amended and Restated Support Agreement, dated the date hereof, among the Borrower, the Authority and the County, substantially in the form of Exhibit K hereto.

“System” means all plants, systems, facilities, equipment or property, including but not limited to the Project, owned, operated or maintained by the Borrower and used in connection with the collection, supply, treatment, storage or distribution of water or the collection or treatment of wastewater as the same may from time to time exist.

“Transfer Agreement” means the Transfer Agreement dated as of __________, 2020, among the Borrower, the County and The Castlewood Water and Sewage Authority.

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.

“Required Operating Reserve” shall have the meaning set forth in Section 8.13.

“Russell PSA Bonds” means, collectively, the bonds and any allonges thereto described in Exhibit F issued by the Borrower to the Authority, as Administrator of the Fund.

“Russell PSA Financing Agreements” means, collectively, the financing agreements between the Authority and Borrower as further described on Exhibit G.

“Support Agreement” means the Amended and Restated Support Agreement, dated the date hereof, among the Borrower, the Authority and the County, substantially in the form of Exhibit K hereto.

“System™ means all plants, systems, facilities, equipment or property, including but not limited to the Project, owned, operated or maintained by the Borrower and used in connection with the collection, supply, treatment, storage or distribution of water or the collection or treatment of wastewater as the same may from time to time exist.

“Transfer Agreement” means the Transfer Agreement dated as of 2020, among the Borrower, the County and The Castlewood Water and Sewage Authority.

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.

(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 Master Parity Agreement, the Support Agreement, the Transfer Agreement and the other documents related thereto, (ii) issue, sell and deliver the Local Bonds 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 or refinance the Project Costs by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local Bonds, (vi) pledge the Revenues of the System to the payment of the Local Bonds, and (vii) carry out and consummate all of the transactions contemplated by the Local Resolution, this Agreement, the Support Agreement and the Local Bonds.

© This Agreement, the Master Parity Agreement, the Support Agreement, the Transfer Agreement and the Local Bonds 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 Master Parity Agreement, the Support Agreement, the Transfer Agreement and the Local Bonds, (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

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.

(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 IT REPRESE! TONS

Section 2.1, Representations by Borrower. The Borrower makes the following representations as the basis for its undertakings under this Agreement:

(©) _ This Agreement, the Master Parity Agreement, the Support Agreement, the Transfer Agreement and the Local Bonds 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 Master Parity Agreement, the Support Agreement, the Transfer Agreement and the Local Bonds, (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, the Master Parity Agreement, the Support Agreement and the Transfer 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.

(f) When executed and delivered in accordance with the Local Resolution and this Agreement, the Local Bonds 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 Bonds and the execution and delivery of this Agreement, the Master Parity Agreement, the Support Agreement and the Transfer 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, 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 Bonds 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 Bonds. The execution and delivery by the Borrower of this Agreement, the Support Agreement or the Local Bonds 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.

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.

(ec) This Agreement, the Master Parity Agreement, the Support Agreement and the Transfer 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.

(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 Bonds 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 Bonds. The execution and delivery by the Borrower of this Agreement, the Support Agreement or the Local Bonds 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 Bonds or the issuance or delivery of the Local Bonds, (iii) in any way contesting or affecting the validity or enforceability of the Local Resolution, this Agreement, the Support Agreement, the Local Bonds 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 Bonds, (v) in any way 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 Bonds.

(k) 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.

(l) 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.

(m) 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 Bonds except any Existing Parity Bonds set forth on Exhibit H.

(n) The Service Contracts are in full force and effect; no default or event of default has occurred and is continuing under the Service Contracts; 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 Service Contracts.

(o) No Event of Default or Default has occurred and is continuing.

(p) All of the representations and warranties of the Borrower contained in the Master Parity Agreement and the Transfer Agreement are true and correct and all terms of the Master Parity Agreement and the Transfer Agreement are reaffirmed, ratified and confirmed.

(k) 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.

(1) 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.

(0) No Event of Default or Default has occurred and is continuing. (p) _Allof the representations and warranties of the Borrower contained in the

Master Parity Agreement and the Transfer Agreement are true and correct and all terms of the Master Parity Agreement and the Transfer Agreement are reaffirmed, ratified and confirmed.

ARTICLE III AMENDMENT AND RESTATEMENT OF FINANCING AGREEMENTS

Section 3.1. Amendment and Restatement of Financing Agreements; Assumption of Local Bonds. (a) This Agreement in part constitutes an amendment and restatement of the Financing Agreements with respect to the Local Bonds; however, this Agreement shall not constitute a novation of the original debt evidenced by the Russell County PSA Bonds.

(b) The Borrower agrees to assume each of Castlewood WSA’s and the County’s obligations to make payments of the principal and other sums that become due under its respective Local Bonds after the Closing Date.

© The Borrower’s obligations with respect to the amendments and restatements of the Russell PSA Financing Agreements and the Russell PSA Bonds and the assumption of the Castlewood WSA Bonds and the County Bonds shall be evidenced by the Locals Bonds. The Authority agrees to release Castlewood WSA and the County from their respective obligations under its respective Local Bonds, in accordance with the terms of this Agreement.

Section 3.2. Conditions Precedent to Entering into the Master Financing Agreement. This Agreement shall not be effective until the Authority shall have received the following, all in form and substance satisfactory to the Authority:

(a) The Local Bonds, the Funding Agreement, the Master Parity Agreement, the Support Agreement and the Transfer Agreement.

(b) A certified copy of the Local Resolution.

(d) 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.

(e) An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Fund and the Authority.

(f) An opinion of counsel to the Borrower in form and substance reasonably satisfactory to the Authority.

(g) 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 Master Parity Agreement, the Support Agreement and the Transfer Agreement are valid and enforceable against the Borrower, subject to usual and customary qualifications.

ARTICLE HD AMENDMENT AND RESTATEMENT OF FINANCING AGREEMENTS

Section 3.1. _Amendment and Restatement of Financing Agreements; Assumption of Local Bonds. (a) This Agreement in part constitutes an amendment and restatement of the Financing Agreements with respect to the Local Bonds; however, this Agreement shall not constitute a novation of the original debt evidenced by the Russell County PSA Bonds

(b)

(a) The Local Bonds, the Funding Agreement, the Master Parity Agreement, the Support Agreement and the Transfer Agreement.

(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.

(¢) An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Fund and the Authority.

(ph An opinion of counsel to the Borrower in form and substance reasonably satisfactory to the Authority.

(h) Deposit into the Operating Reserve Fund the amount of $________ from the Borrower’s available funds.

ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT

Section 4.1. Application of Article IV. The provisions of Article IV shall only apply with respect to the following Original Bonds:

[WSL-022-15E in the amount of $_____]

[WSL-028-14E in the amount of $_____]

Section 4.2. 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 Department 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 Department) 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;

(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 Department, 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 Department 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

(h) Deposit into the Operating Reserve Fund the amount of $ from the Borrower’s available funds.

ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT

Section 4.1. Application of Article IV. The provisions of Article IV shall only apply with respect to the following Original Bonds:

[WSL-022-15E in the amount of §, ] [WSL-028-14E in the amount of $.

Section 4.2. Application of Proceeds.

(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.

Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder nor shall the Department 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 laws of the Commonwealth of Virginia, including but not limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and performance of public construction contracts related to the Project.
Except as may otherwise be approved by the Department, 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 4.3 and a final requisition detailing all retainages to which the Borrower is then entitled, the Authority, to the extent approved by the Department and subject to the provisions of this Section and Section 4.3, 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 only in accordance with Section 6.1.

Section 4.3. 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 Department. 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 Department through their duly authorized representatives to inspect such books and records at any reasonable time. The Borrower and the Authority, with the consent of the Department, 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 Department a certificate signed by an Authorized Representative of the Borrower and by the Consulting Engineer stating (i) that the Project has been completed substan- tially in accordance with this Section, the plans and specifications as amended from time to time, as approved by the Department, 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 4.4. 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 Department copies of all such permits, consents and approvals. The Borrower shall also comply with all applicable lawful program or procedural guidelines or requirements duly

(b) The Borrower shall comply with all applicable laws of the Commonwealth of Virginia, including but not limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and performance of public construction contracts related to the Project. Except as may otherwise be approved by the Department, 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 4.3 and a final requisition detailing all retainages to which the Borrower is then entitled, the Authority, to the extent approved by the Department and subject to the provisions of this Section and Section 4.3, will disburse to or for the account of the Borrower Local Bond Proceeds to the extent of such approval.

Section 4.3. 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 Department, 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 Department through their duly authorized representatives to inspect such books and records at any reasonable time. The Borrower and the Authority, with the consent of the Department, 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 Department a certificate signed by an Authorized Representative of the Borrower and by the Consulting Engineer stating (i) that the Project has been completed substan- tially in accordance with this Section, the plans and specifications as amended from time to time, as approved by the Department, 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 4.4. 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 Department copies of all such permits, consents and approvals. The Borrower shall also comply with all applicable lawful program or procedural guidelines or requirements duly

promulgated and amended from time to time by the Department 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 from the Fund. Where noncompliance with such requirements is determined by the Authority or the Department, the issue shall be referred to the proper governmental authority or agency for consultation or enforcement action.

Section 4.5. 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, the Department 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, the Department or the Board, the Borrower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority, the Department and the Board.

Section 4.6. 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 Department 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 Department the certificates required by Sections 4.2 and 4.3.

Section 4.7. 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, the Department 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 RATES

promulgated and amended from time to time by the Department 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 from the Fund. Where noncompliance with such requirements is determined by the Authority or the Department, the issue shall be referred to the proper governmental authority or agency for consultation or enforcement action.

Section 4.5. 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, the Department 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, the Department or the Board, the Borrower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority, the Department and the Board.

Section 4.6. 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 Department 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 Department the certificates required by Sections 4.2 and 4.3.

ARTICLE V. PLEDGE, REVENUES AND RATES

Section 5.1. Pledge of Revenues: Rate Covenant. 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 Cost of Funds, if any, on the Local Bonds 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 of the

Revenues 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 Cost of Funds, if any, on the Local Bonds, 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 (the “Rate Covenant”). 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, the Borrower shall promptly take appropriate action to increase its rates, fees and other charges or reduce its Operations 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 J 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 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, 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. 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.

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, 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. 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 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 Bonds. The Local Bonds shall be dated as of the Closing Date. The Cost of Funds, if any, of each of the Local Bonds shall be computed on the disbursed principal balance thereof from the date of each disbursement at the rate set forth on Exhibit I with respect to each of the Local Bonds. Principal and the Cost of Funds, if any, due under each of the Local Bonds shall be payable in equal installments as set forth on Exhibit I with respect to each of the Local Bonds. All amounts due hereunder and under each of the Local Bonds shall be due and payable in full with the final installment of principal and Cost of Funds, if any, due as set forth on Exhibit I with respect to each of the Local Bonds. Each installment shall be applied first to payment of the Cost of Funds, if any, 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, if any, on any of the Local Bonds is not paid within ten (10) days after its due date, the Borrower agrees to pay the Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue installment on such Local Bonds.

Section 6.2. Payment of Additional Payments. In addition to the payments of principal of and Cost of Funds, if any, on the Local Bonds, 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

(b) _ Ifthe 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 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 6.2. Payment of Additional Payments, In addition to the payments of principal of and Cost of Funds, if any, on the Local Bonds, 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 Bonds. At its option and after giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local Bonds 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 Bonds 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 Bonds but shall not postpone the due date of any subsequent payment on the Local Bonds, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing.

ARTICLE VIII OWNERSHIP, 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 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.

(2) Allexpenses, including reasonable attorneys’ fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof.

ARTICLE VII PREPAYMENTS

Section 7.1. Prepayment of Local Bonds. At its option and after giving at least ten (10) days’ written notice to the Authority, the Borrower may prepay the Local Bonds 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 Bonds will be prepaid in fall 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 Bonds but shall not postpone the due date of any subsequent payment on the Local Bonds, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing.

ARTICLE VIII OWNERSHIP, 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 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.

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 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 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, if any, on the Local Bonds, and then, if such property constitutes part of the Project, to the prepayment of the Local Bonds under Article VII hereof.

policy or requiring structural, operational and other changes to the System, irrespective of the cost of making the same.

Section 8.7. Sale or Encumbranee. No part of the System shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of 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;

(©) 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, if any, on the Local Bonds, and

then, if such property constitutes part of the Project, to the prepayment of the Local Bonds 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 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.

Section 8.13. Operating Budget. The Borrower agrees to include a reserve in the amount of $300,000 in the Annual Budget for each of the fiscal years ending June 30, 2021 through June 30, 2022.

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 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.

Section 8.13. Operating Budget. The Borrower agrees to include a reserve in the amount of $300,000 in the Annual Budget for each of the fiscal years ending June 30, 2021 through June 30, 2022.

Section 8.14. Operating Reserve. (a) There is hereby established the “Russell County PSA Operating Reserve Fund” (the “Operating Reserve Fund”) to be held by the Borrower in a separate and segregated account. Until the principal of and Cost of Funds on the Local Bond and the Existing Parity Bonds and all amounts payable pursuant to this Agreement have been paid or provided for in full, the Borrower agrees to deposit in the Operating Reserve Fund the following amounts on the dates provided for below:

(i) On the Closing Date, the amount of $________ from the Borrower’s available funds (the “Initial Required Operating Reserve”).

(ii) On or before June 30, 2023, an amount that equals the Required Operating

Reserve (as defined below), taking into account the deposit of the Initial Required Operating Reserve.

(iii) To the extent there is any deficiency in the Operating Reserve Fund due to

an increase in the prior Fiscal Year’s Operation and Maintenance Expense, in the next Fiscal Year an amount equal to such deficiency, such that by the end of the next Fiscal Year the Operating Reserve Fund shall hold the Required Operating Reserve.

(iv) To the extent funds are drawn from the Operating Reserve Fund for the

payment of Authorized Expenses (as defined below), commencing in the next Fiscal Year and continuing in each Fiscal Year thereafter until the deficiency is eliminated, an amount equal to one-third of the amount of such deficiency, such that by the end of the third Fiscal Year following the payment of the Authorized Expenses the Operating Reserve Fund shall hold the Required Operating Reserve.

“Required Operating Reserve” means an amount that equals $450,000.

(b) Except as set forth in subsection (d) below, amounts in the Operating Reserve

Fund may only be disbursed, upon written notice to the Authority for amounts up to $50,000 and upon the written consent of the Authority for the remainder of the Required Operating Reserve, to pay extraordinary maintenance or repair expenses related to the operation of the System to the extent available funds, including cash or other reserves, of the Borrower are insufficient to pay such expenses (the “Authorized Expenses”).

© Failure to deposit the Required Operating Reserve under subsections (a)(i) and (ii) above or failure to replenish any deficiency in the Operating Reserve Fund under subsections (a)(iii) and (iv) above in the time specified shall constitute an Event of Default under Section 11.1. The Authority shall have no obligation to disburse any Local Bond Proceeds if the Borrower has not satisfied the provisions contained in this Section.

(d) Any amounts in the Operating Reserve Fund, including investment earnings thereon, in excess of the Required Operating Reserve shall be transferred to the Borrower as of the end of each Fiscal Year; provided, that if an Event of Default has occurred and is continuing, such amounts shall be maintained in the Operating Reserve Fund. Unless the Authority agrees

Section 8.14. Operating Reserve. (a) There is hereby established the “Russell County PSA Operating Reserve Fund” (the “Operating Reserve Fund”) to be held by the Borrower ina separate and segregated account. Until the principal of and Cost of Funds on the Local Bond and the Existing Parity Bonds and all amounts payable pursuant to this Agreement have been paid or provided for in full, the Borrower agrees to deposit in the Operating Reserve Fund the following amounts on the dates provided for below:

(i) On the Closing Date, the amount of $ from the Borrower’s available funds (the “Initial Required Operating Reserve”).

(ii) On or before June 30, 2023, an amount that equals the Required Operating Reserve (as defined below), taking into account the deposit of the Initial Required Operating Reserve

(iii) To the extent there is any deficiency in the Operating Reserve Fund due to an increase in the prior Fiscal Year’s Operation and Maintenance Expense, in the next Fiscal ‘Year an amount equal to such deficiency, such that by the end of the next Fiscal Year the Operating Reserve Fund shall hold the Required Operating Reserve.

(iv) To the extent funds are drawn from the Operating Reserve Fund for the payment of Authorized Expenses (as defined below), commencing in the next Fiscal Year and continuing in each Fiscal Year thereafter until the deficiency is eliminated, an amount equal to one-third of the amount of such deficiency, such that by the end of the third Fiscal Year following the payment of the Authorized Expenses the Operating Reserve Fund shalll hold the Required Operating Reserve.

“Required Operating Reserve” means an amount that equals $450,000.

(b) Except as set forth in subsection (d) below, amounts in the Operating Reserve Fund may only be disbursed, upon written notice to the Authority for amounts up to $50,000 and upon the written consent of the Authority for the remainder of the Required Operating Reserve, to pay extraordinary maintenance or repair expenses related to the operation of the System to the extent available funds, including cash or other reserves, of the Borrower are insufficient to pay such expenses (the “Authorized Expenses”).

(4) Any amounts in the Operating Reserve Fund, including investment earnings thereon, in excess of the Required Operating Reserve shall be transferred to the Borrower as of the end of each Fiscal Year; provided, that if an Event of Default has occurred and is continuing, such amounts shall be maintained in the Operating Reserve Fund. Unless the Authority agrees

otherwise, the Borrower shall deposit or invest, as appropriate, monies in the Operating Reserve Fund, as the Borrower may direct in writing, in accounts covered and secured under the Virginia Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended), or in a “Permitted Investments” (as defined below), with a term of not more than five years.
“Permitted Investments” are (a) bonds, notes and other direct obligations of the United States of America, (b) securities unconditionally guaranteed as to the timely payment of principal, if applicable, and interest by the United States of America, © bonds, notes and other obligations of any agency of the United States of America unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, or (d) obligations of Federal Home Loan Banks and obligations of Federal Farm Credit Banks.

(e) The Borrower’s obligations to make deposits under subsection (a) above and to make payments as scheduled under the Local Bond shall not be discharged in whole or in part by any transfer made by the Borrower from the Operating Reserve Fund.

(f) The Authority and the Borrower acknowledge that the Operating Reserve Fund is

being established and maintained for the benefit of the System.

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 or use of the System.

otherwise, the Borrower shall deposit or invest, as appropriate, monies in the Operating Reserve Fund, as the Borrower may direct in writing, in accounts covered and secured under the Virginia Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended), or in a “Permitted Investments” (as defined below), with a term of not more than five years. “Permitted Investments” are (a) bonds, notes and other direct obligations of the United States of America, (b) securities unconditionally guaranteed as to the timely payment of principal, if applicable, and interest by the United States of America, © bonds, notes and other obligations of any agency of the United States of America unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, or (d) obligations of Federal Home Loan Banks and obligations of Federal Farm Credit Banks.

© The Borrower’s obligations to make deposits under subsection (a) above and to make payments as scheduled under the Local Bond shall not be discharged in whole or in part by any transfer made by the Borrower from the Operating Reserve Fund.

(f) The Authority and the Borrower acknowledge that the Operating Reserve Fund is being established and maintained for the benefit of the System.

ARTICLE IX INSURANCE, DAMAGE AND DESTRUCTION

(©) _ 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 Bonds 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 prepayment of the Local Bonds pursuant to Article VII.

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

the Local Bonds 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 prepayment of the Local Bonds 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 Bonds 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. 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 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

the Local Bonds pursuant to Article VII, the Borrower shalll 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 prepayment of the Local Bonds pursuant to Article VIL

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 Bonds 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 afier 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. 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 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 shalll 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 Bonds 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 Bonds, Parity Bonds or Existing Parity Bonds, or (iv) effect some combination of (i), (ii) and (iii); provided in each case the following conditions are satisfied. 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 Bonds, Parity Bonds or Existing Parity 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 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 100% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the Parity Bonds or Existing Parity Bonds, 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. In providing this certificate, as applicable, the Qualified Independent Consultant may take into consideration future

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.

(a) Certified copies of all resolutions and ordinances of the Borrower authorizing the issuance of the Parity Bonds.

(©) __ Ifthe Parity Bonds are authorized for any purpose other than the refunding of the Local Bonds, Parity Bonds or Existing Parity 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 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 100% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the Parity Bonds or Existing Parity Bonds, 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. 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 Bonds (with the consent of the Authority), Existing Parity Bonds or Parity 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 Bonds, Existing Parity Bonds or Parity Bonds to be refunded would have been outstanding which are lower than the annual debt service requirements in each such year on the Local Bonds, Existing Parity Bonds or Parity 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 100% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the Parity Bonds or Existing Parity Bonds, 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. 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 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.

(4) Ifthe Parity Bonds are authorized solely to refund the Local Bonds (with the consent of the Authority), Existing Parity Bonds or Parity 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 Bonds, Existing Parity Bonds or Parity Bonds to be refunded would have been outstanding which are lower than the annual debt service requirements in each such year on the Local Bonds, Existing Parity Bonds or Parity 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 100% of the amount required during each such Fiscal Year to pay any and all amounts due under the Local Bonds, this Agreement, the Parity Bonds or Existing Parity Bonds, 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. 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 10.7. 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 Bonds and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement, the Local Bonds 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 Bonds 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. 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.

Section 10.11. 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.

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 Bonds and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement, the Local Bonds 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 Bonds 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. 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.

Section 10.11. 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.

Section 10.12. Service Contracts. The Borrower shall give prompt notice to the

Authority of any renewal, extension, amendment, default or termination of any of the Service Contracts. The Borrower shall enforce the terms of such agreements and use its best efforts to ensure that such agreements remain in full force and effect during the term of this Agreement.

[Add language regarding control over PSA and County leachate]

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, if any, due hereunder or to make any other payment required to be made under the Local Bonds or this Agreement, including payments required to fund the Operating Reserve Fund to the amount of the Required Operating Reserve or restore the balance in the Operating Reserve Fund to the Required Operating Reserve upon any shortfall therein;

(b) The Borrower’s failure to perform or observe any of the other covenants, agreements or conditions of the Local Bonds, the Support Agreement 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 Bonds 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

Section 10.12. Service Contracts. The Borrower shall give prompt notice to the Authority of any renewal, extension, amendment, default or termination of any of the Service Contracts. The Borrower shall enforce the terms of such agreements and use its best efforts to ensure that such agreements remain in full force and effect during the term of this Agreement.

[Add language regarding control over PSA and County leachate]

ARTICLE XI DEFAULTS AND REMEDIES

Section 11.1. Events of Default. Each of the following events shall be an “Event of Default”:

(©) _ 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 Bonds is false or misleading in any material respect;

(4) _ The early termination of the Funding Agreement pursuant to Sections 5.3(b) and © thereof;

(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;

(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 secured by or payable from 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 Bonds 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 Bonds and under this Agreement, 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 Bonds, which the Borrower hereby agrees are assigned to the Authority upon the occurrence of an Event of Default.

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.

(h) Any bankruptey, 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(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 11.4, 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, if any, on the Local Bonds, if payment of such principal or Cost of Funds, if any, shall not be paid when the same shall become due and payable.

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 8.13, 8.14, 10.4 and 10.5 of this Agreement.

Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the Local Bonds 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 Bonds 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 Cost of Funds, if any, on the Local Bonds 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 Bonds 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 Bonds.

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 Bonds or this

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, if any, on the Local Bonds, if payment of such principal or Cost of Funds, if any, shall not be paid when the same shall become due and payable.

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 8.13, 8.14, 10.4 and 10.5 of this Agreement.

Section 12.3. Limitation of Borrower’s Liability. Notwithstanding anything in the Local Bonds 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 Bonds 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 Cost of Funds, if any, on the Local Bonds 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 Bonds 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 Bonds.

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 Bonds 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:

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

137 Highland Drive Lebanon, Virginia 24266 Attention: Chairman

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 Bonds 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 Bonds.

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 Bonds previously or simultaneously shall have

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:

Fund: Virginia Water Supply Revolving Fund clo 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 137 Highland Drive Lebanon, Virginia 24266 Attention: Chairman

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 12.8. 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 Bonds previously or simultaneously shall have

been executed and delivered. Except as otherwise specified, the Borrower’s obligations under the Local Bonds and this Agreement shall expire upon payment in full of the Local Bonds and all other amounts payable by the Borrower under this Agreement.

Section 12.10. Termination of Original Financing Agreements. The Original Financing Agreements heretofore executed between the parties thereto are cancelled and terminated as of the Closing Date, provided that such cancellation and termination shall not be construed as a waiver, relinquishment or release of any claims, damages, liability, rights of action or causes of action that the parties thereto may have against the other thereunder and that have accrued before the effective date of this Agreement.

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]

action or causes of action that the parties thereto may have against the other thereunder and that have accrued before the effective date of this Agreement.

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]

WITNESS the following signatures, all duly authorized.

VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund

By: ____________________________________________

Title: ___________________________________________

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

By: ____________________________________________

Title: ___________________________________________

WITNESS the following signatures, all duly authorized,

VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Supply Revolving Fund

Title:

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

By:

Title:

EXHIBIT A

FORM OF LOCAL BONDS

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT A

FORM OF LOCAL BONDS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT B

PROJECT DESCRIPTIONS

THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT B

PROJECT DESCRIPTIONS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT C

PROJECT BUDGETS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT C

PROJECT BUDGETS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Be Provided]

EXHIBIT D

OPINION OF BORROWER’S BOND COUNSEL THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Come from Borrower’s Bond Counsel]

EXHIBIT D

OPINION OF BORROWER’S BOND COUNSEL THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[To Come from Borrower’s Bond Counsel]

EXHIBIT E

FORM OF REQUISITION THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[LETTERHEAD OF BORROWER]

[Date]

__________, 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-028-14E; WSL-022-15E

Dear Mr./Ms. __________:

This requisition, Number , is submitted in connection with the Master Financing Agreement and Amended and Restated Funding Agreement, each dated as of __________ 1, 2020 (together, 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, and (b) 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

EXHIBIT E

FORM OF REQUISITION THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

[LETTERHEAD OF BORROWER] [Date]

, 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-028-14E: WSL-022-15E

Dear Mr./Ms. :

This requisition, Number ___, is submitted in connection with the Master Financing ‘Agreement and Amended and Restated Funding Agreement, each dated as of 1, 2020 (together, 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 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)

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-028-14E; 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-028-14E; 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.

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-028-14E; WSL-022-15E

CERTIFYING SIGNATURE: ________________________________ TITLE: ___________________________________

Cost Category Amount Budgeted

Previous Disbursements

Expenditures This Period

Total Expenditures to Date

Net Balance Remaining

Total Funding 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-028-14E; WSL-022-15E

CERTIFYING SIGNATURE: TITLE: Cost Category Amount Previous Expenditures This | Total Expenditures | Net Balance Budgeted Disbursements Period to Date Remaining Total Funding Amount $

Previous Disbursements S This Request $ Loan Proceeds Remaining $

EXHIBIT F

ORIGINAL BONDS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower (the “Russell PSA Bonds”):

(1) $99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green Valley Project);

(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series 2008A (Big A Mountain Phase II Project);

(3) $325,227 The Russell County Public Service Authority Water Revenue Bond, Series 2010-A (Back Valley—Big A Mountain Interconnection Project);

(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond, Series 2011-A (Green Valley West Water Line Extension Project);

(5) $103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project);

(6) $700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A (New Garden/Finney Water Line Extension Project);

(7) $3,537,000 Water Revenue Refunding Bond, Series 2014;

(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension Project);

(9) $294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project);

(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project);

(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road Waterline Extension Project); and

(12) $512,023 Water Revenue Bond, Series 2017 (Fincastle Estates Waterline Extension Project);

and (b) the following bonds issued by the County that have been assumed by the Borrower (the “County Bonds”):

EXHIBIT F

ORIGINAL BONDS THE RUSSELL COUNTY PUBLIC SERVICE AUTHORITY

“Original Bonds” means, collectively, (a) the following bonds issued by the Borrower (the “Russell PSA Bonds”):

(1) $99,775 The Russell County Public Service Authority Water Revenue Bond, Series 2006 (Green Valley Project):

(2) $1,534,941 The Russell County Public Service Authority Revenue Bond, Series 2008A (Big A Mountain Phase II Project);

(3) $325,227 The Russell County Public Service Authority Water Revenue Bond, Series 2010-A (Back Valley—Big A Mountain Interconnection Project);

(4) $1,059,765 The Russell County Public Service Authority Water Revenue Bond, Series 2011-A (Green Valley West Water Line Extension Project);

(5) $103,783 The Russell County Public Service Authority Water Revenue Bond, Series 2011-B (Long Branch/Strouth Creek/Fuller Mt. Water Line Extension Project);

(6) $700,843 The Russell County Public Service Authority Water Revenue Bond, Series 2012-A (New Garden/Finney Water Line Extension Project);

(7) $3,537,000 Water Revenue Refunding Bond, Series 2014;

(8) $93,071 Water Revenue Bond, Series 2015 (Mountain Meadows Line Extension Project);

(9) $294,202 Water Revenue Bond, Series 2016 (iPerl Radio Read Meter Replacement Project);

(10) $445,925 Water Revenue Bond, Series 2016 (Route 656 East Water Line Extension Project);

(11) $197,027 Water Revenue Bond, Series 2017 (Thompson Creek/Tunnel Road Waterline Extension Project); and

(12) $512,023 Water Revenue Bond, Series 2017 (Fincastle Estates Waterline Extension Project);

and (b) the following bonds issued by the County that have been assumed by the Borrower (the “County Bonds”)

(13) $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project);

(14) $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project);

(15) $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs Project);

(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain Project);

(17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project);

(18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project);

(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority) (Clark’s Valley Project);

(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project);

(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South Extension Water Project);

(22) $1,906,717 Russell County Revenue Bond, Series 2005E (Belfast –Rosedale Project);

(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creek/Frank’s Hollow/Honeysuckle Lane Project); and

(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and Yates Project);

and © the following bonds issued by Castlewood WSA that have been assumed by the Borrower (the “Castlewood WSA Bonds”):

(25) $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project);

(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water Project);

(27) $653,250 Water and Sewer Revenue Bond, Series 2002 (Mew Road Water Project);

(28) $661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valley Water Project);

(13) $672,000 Russell County Series 1988 Water Revenue Bond (RD Sword’s Creek Project);

(14) $900,000 Russell County Sewer Revenue Bond, Series 1996 (RD Dante Project);

(15) $119,530 Russell County, Virginia, Water Revenue Bond, Series 1999 (RD Lynn Springs Project);

(16) $935,690 Russell County Revenue Bond, Series 2001A (Big A Mountain Project);

(17) $1,678,400 Russell County Revenue Bond, Series 2001B (Belfast Project); (18) $344,477 Russell County Revenue Bond, Series 2001C (Pine Creek Project);

(19) $822,366 Russell County Revenue Bond, Series 2002A (Swords Creek Public Service Authority) (Clark’s Valley Project);

(20) $556,538 Russell County Revenue Bond, Series 2005A (Drill Mountain Project);

(21) $91,439 Russell County Revenue Bond, Series 2005B (Clark’s Valley—South Extension Water Project);

(22) $1,906,717 Russell County Revenue Bond, Series 200SE (Belfast —Rosedale Project);

(23) $415,518 Russell County Revenue Bond, Series 2006A (Miller Creek/Frank’s Hollow/Honeysuckle Lane Project); and

(24) $197,170 Russell County Revenue Bond, Series 2007A (Belfast—Highlands and Yates Project);

and (¢) the following bonds issued by Castlewood WSA that have been assumed by the Borrower (the “Castlewood WSA Bonds”):

(25) $350,000 Water Revenue Bond, Series of 2000 (Castlewood Water Project):

(26) $640,000 Water and Sewer Revenue Bond, Series 2001 (Red Oak Ridge Water Project);

(27) $653,250 Water and Sewer Revenue Bond, Series 2002 (Mew Road Water Project);

(28) $661,019 Water and Sewer Revenue Bond, Series 2004 (Carbo/Back Valley Water Project);

(29) $937,300 Water Revenue Bond, Series of 2005 (Dante Rehabilitation Water Project);

(30) $299,409 Water and Sewer Revenue Bond, Series 2006 (Seven Springs Water Project);

(31) $359,813 Water and Sewer Revenue Bond, Series 2008A (Castlewood Heights Water Project);

(32) $200,400 Water and Sewer Revenue Bond, Series 2008B (Blue Devil Water Project);

(33) $167,012 Water and Sewer Revenue Bond, Series 2010 (Kingland Heights Water Project);

(34) $100,000 Water and Sewer Revenue Bond, Series 2011 (Castlewood Phase One Water Project);

(35) $325,473 Water and Sewer Revenue Bond, Series 2012 (Route 58/Memorial Drive/Greystone Water Project);

(36) $2,200,000 Sewer Revenue Bond, Series of 2013 (Sewer Phase 1A);

(37) $163,680 Water and Sewer Revenue Bond, Series 2015 (Upper Bear Wallow Water Project); and

(38) $317,151 Water and Sewer Revenue Bond, Series 2016 (Radio Read Meter Replacement and Telemetry Installation Project).