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HomeMy WebLinkAbout1973-06-066-6-73 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June 6, 1973 at 7:30P~o, in the Albemarle County Courthouse, Charlottesville, Virginia, said meeting being adjourned from May 24, 1973. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. WoOd, Jr. Absent: None. Hfficers present: County Executive. Mr. Wheeler called the meeting to order and announced that this meeting was being held to ho~d a public hearing on the proposed agreement between the City of Charlottesville, the Albemarle County Service Authority, The Board of Supervisors of Albemarle County and the Rivanna Water and Sewer Authority. Said agreement relating to operation of water supply and wastewater treatment facilities. Notice of this meeting was published in The Daily Progress on May 17, 1973. Mr. Carwile and Mr. Batchelor gave a short report on the formation of the Rivanna Water and Sewer Authority. Also present were Mr. George Palmer, member of the Rivanna Board, Mr. Harry Marshall, Attorney and Mr. George Williams, Director or, the Rivanna Authority. Mr. Carwile said that the City had adopted the agreement with one change and he asked that consideration be given to a change under Article IV, Section 4.1 by adding the words "and the Albemarle County Board of Supervisors" to that paragraph. Mr. Marshall said he realized Mr. Carwile's conc~rn, however, the purpose of Section 4.1 is to tie it to Exhibits 5 and 6 which are part of the agreement. He said that if there is a change, the only people concerned once the County has prescribed the project areas are the City and the customer. He said that the County has prescribed areas where the Albemarle County Service Authority can operate and the Rivanna Authority cannot provide facilities to the Service Authority in any other areas. Any expansion of services by the Albemarle County Service Authority would have to come before this Board. Mr. Carwile said that it might be desirable to concur in any request of the Albemarle County Service Authority as set out in Section 4.3. Mr. Marshall said that if there were an increased demand for water or wastewater treatment this would be a matter between the provider and the two using customers, the City and the Albemarle County Service Authority. This was not intended to dilute the authority of this Board in any way. Mr. Fisher said he realized that this was the work of bond counsel, however, at some future time there will be a need for additional lines. At that time, if there are alternate paths and most of the lines will be in the County, he felt that from a planning viewpoint it wou~d be correct for the County to have input as to where the lines should be ~nstalled. If the City has a say in this matter, the County should also. Mr. Palmer felt that if the change contemplated was proposed because the Board felt they could not control the Albemarle County Service Authority, this meant the contract was not what it should be. Mr. Wheeler said he did not share the concern since expansion would come through special permit ~equests and would be the subject of both Planning Commission and Board public hearings. Mr. Palmer said he was concerned if a change were made at this point since this would necessiate returning the agreement to City Council for concurrence. Mr. Fisher said the County had been included until the last draft from Mr. Frazier excluded them. He felt the Board of Supervisors should have ~ put when the time comes for new lines to be installed. Mr. Henley asked if the City had adopted the~greement without any changes~ Mr. Carwile said they had added the words "and pay for" to sentence 4 of Section 8.3. Mr. Channing Daniel,speaking for the Charlottesville-Albemarle Chamber of Commerce, said they encouraged the Board to pass the agreement as written. A lady apeaking for the League of Women Voters said they felt the contract is reasonable and they urged the Board to support. Mr. Don Timberline, Ivy Citizens Association, said the County should have as much say about what will happen in the County as the other parties and they feel the Board should not let this pass without having a say about the future. Mrs. Elizabeth Rosenblum said she was surprised to find that the County had been deleted from the contract and she felt the Board has an obligation to protect citizens of the future. Mr. Roy Patterson, Citizens for Albemarle, said they endorse the agreement and also commended the Board for th:eir work on this matter. At this time, Mr. Wood offered motion to authorize the Chairman to sign and execute the contract as Written and presented to the Board. ~he motion was seconded by Mr. Carwile. Mr. Fisher said he feels strongly that the Board needs to do everything they can to protect future citizens. He said the county should be included in all agreements made and he requested that the agreement be amended by adding the words "and the county" to the end of Section 4.3. Mr. Thacker said he shared the concern about this, however, with the lateness of the hour in having this agreement signed, he felt~-'~he Board would proceed with the protection offered through special permit requests. Vote was taken at this point and the motion carried by the following recorded vote: AYES: NAYS: part. Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. 3 Mr. Wheeler said this was a memorable occasion and he was pleased to have had a (The complete text of the agreement as adopted is set out on the following pages.) 6-6-73 107 THIS AGREEMENT, made as'of the day of J~-n, 1973, by and between the CITY OF CHARLOTTESVILLE, a municipal corporation (the City), ALBEMARLE COUNTY SERVICE AUTHORITY, a public body politic and corporate duly created pursuant to the Virginia Water and Sewer Authorities Act (the Service Authority), the BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY, acting for and on behalf of Albemarle County (the County), and RIVANNA WATER AND SEWER AUTHORITY, a public body politic and corporate duly created pursuant to the Virginia Water and Sewer Authorities Act (Rivanna), provides that: WHEREAS, the City owns and operates wa~er supply and wastewater treatment facilities which furnish water and provide wastewater treatmen~ for all of the City and certain outlying areas in the County, and the County, acting through the Service Authority, owns and operates water supply and wastewater treatment facilities which furnish water and provide was~ewater treatmen~ for certain areas in the County; and WHEREAS, in the interest of efficient water quality management for the upper Rivanna River Basin, the City and the County caused Rivanna ~o be formed on June 7, 1972, for the purpose of acquiring, financing, constructing and maintaining facilities for developing a supply of potable water for the City and the County and for the abatement of pollution resulting from sewage in the Upper Rivanna River Basin; and WHEREAS, the parties desire to enter into this Agreement to provide for the acquisition of certain existing facilities, the construction of new facilities and the financing, operatio~knd maintenance of all such facilities and recognize that this Agreement will be used to facilitate the obtaining of interim financing and the issuance of revenue bonds by Rivanna to finance a portion of the cost of such acquisition and construction; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I Definitions and WarranTies Section 1.1. Definitions. The foIlowing words as used in this Agreemen~ shall have the following meanings: "Act" shall mean the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended). "Bonds" shall mean the revenue bonds issued by Rivanna to obtain funds, ~ogether with other available funds, to pay the cost of the Project and shall include any no~es or other obligations issued for such purpose. "City" shall mean ~he City of Charlottesville, a municipal corporation of the Commonwealth of Virginia. "CoSt," when used with respect to the Project, shall:have the meaning specified in Sections 15.1-1240(m) and (n) of the Act. "County" shall mean Albemarle County, a county of the Commonwealth of Virginia, and shall include the Board of County Supervisors as its governing body. "Points of Delivery" shall mean such points as Rivanna may establish from time to time for delivery of treated water to or receipt of wastewater from the City and the Service Authority. "Political Subdivisions" shall mean the City, the Service Authority and the County. "Project" shall mean the facilities to be acquired by Rivanna pursuant to Article III, whether by purchase, lease or otherwise, and the facilities to be pro- vided by Rivanna pursuant to Article IV, as the same may from time to time exist. "Rivanna" shall mean Rivanna Water and Sewer Authority, a public body politic and corporate duly created pursuant to the Act. "Service Authority" shall mean Albemarle County Public Service Authority, a public body politic and corporate duly created pursuant to the Act. "Trustee" shall mean the trustee under the resolution or indenture authorizing or securing the Bonds. Section 1.2. Representations and Warranties. Each of the parties represents and warrants that it has full power and authority to enter into and perform this Agreement. ARTICLE II Term of Agreement Section 2.1. Initial Term. This Agreement shall be in full force and effect from the date of its execution until June 30, 2012; provided, however, that if on such date the Bonds have not been paid or provision made for their payment the term of this Agreement shall continue until the Bonds shall have been paid or provision made for their payment. Section 2.2. Continuation of Agreement. This Agreement shall continue in effect beyond June 30, 2012 (or such later date as provided above), until terminated by the City, the Service Authority, the County or Rivanna. No such termination shall become effective until two years after written notice thereof shall have been given to each of~ the other parties hereto. ARTICLE III Acquisition of EXisting Facilities Section 3.1. Agreement to Acquire. Rivanna agrees to acquire and the Political Subdivisions agree to sell, lease or otherwise make available to Rivanna the water impoundment, production, transmission and storage facilities and the wastewater inter- ception and treatment facilities set forth herein upon the terms and conditions set forth herein. 6-6-73 109 Section 3.2. City Facilities - Water. (a) The City will sell and Rivanna will purchase the water production, transmission and storage facilities described on Exhibit 1 attached hereto. Pending the consummation of such sale and purchase, the City will lease such facilities To Rivanna. (b) The City will assign and Rivanna will accept the City's rights under a ground lease between the City and the University of Virginia dated April 18, 1922, whereby the University of Virginia leases to the City the site on which is lOcated the City's Observatory Mountain Filtration Plant; provided, however, that the City will continue To furnish water to the University of Virginia pursuant to such ground lease as may be in effect from time to time. The City will sell and Rivanna will purchase the fa- cilities other than land constituting the Observatory Mountain Filtration Plant located on such site. Pending the consummation of such sale and purchase, the City will lease such facilities to Rivanna. (c) The City will lease to Rivanna for the term of this Agreement all water rights in and to the Sugar Hollow Reservoir, the two Ragged Mountain Reservoirs and the South Rivanna Reservoir, which righ~ shall be the right to maintain and operate all impound- ment and pumping facilities, and the right to withdraw all water that may be available. Rivanna will undertake to maintain all dams and other facilities at such reservoirs for the production of water but will not be required to maintain areas at such reservoirs used for municipal purposes. Section 3.3. City Facilities - Wastewater. (a) The City will sell and Rivanna will purchase the wastewater interception and treatment facilities described on Exhibit 2 attached hereto. Pending the consummation of such sale and purchase, the City will lease such facilities to Rivanna. (b) The City will lease to Rivanna the Riverside Pump Station and the Meadow Creek Wastewater Treatment Plant until Rivanna has placed its proposed advanced wastewater treatment plant into operation. Section 3.4. Service Authority Facilities - Water. (a) The Service Authority will sell and Rivanna will purchase the water production, transmission and storage facilities described on Exhibit 3 attached hereto. Pending the consummation of such sale and purchase, the Service Authority will lease such facilities to Rivanna. (b) The Service Authority will assign and Rivanna will accept the Service Authority's rights under agreement with the County to use the wells, pumps and other facilities at Mint Springs. (c) The Service Authority will lease To Rivanna the wells, pumps and other facili- ties at Flordon, Jefferson Village, Colthurst and West Leigh for so long as any of them may be needed by Rivanna. (d) The Service Authority will assign and Rivanna will accept the Service Authority's rights under leases between the County and the Service Authority or such other rights as the Service Authority may have to the Beaver Creek Reservoir and the Totier Creek Reservoir. 6-6-73 110 (e) The County will join in each such sale or lease to the extent of its interest, if any, in any of such facilities. Section 3.5. Service Authority Facilities - Wastewater. (a) The Service Authority will sell and Rivanna will purchase the wastewater interception and treatment facilities described on Exhibit 4 attached hereto. Pending the consummation of such sale and purchase, the Service Authority will lease such facilities to Rivanna. (b) The Service Authority will lease to Rivanna the Brownsville School, Berkeley and Woodbrook wastewater treatment facilities for so long as any of them may be needed by Rivanna. Section 3.6. Consummation of Sales and Purchases. The sale and purchase of each of the facilities enumerated in Sections 3.2 through 3.5, inclusive, shall be consummated ten years from the date of this Agreement or at such later time as the debts, if any, of the City or the Service Authority, as the case may be, attributable ~o any of such facilities shall have been paid or provision made for their payment, It is intended that the purchase and sale of each facility shall be closed promptly upon the satis- faction of the conditions hereinabove stated. At each closing Rivanna shall pay the purchase price as determined pursuant to Section 3.7 and the City, the Service Authority or the County, as the case may be, shall deliver: (a) a good and sufficient deed or deeds in form reasonably satisfactory to Rivanna conveying to Rivanna, with special warranty, fee simple title to all real estate constituting a part of such facilities; (b) an assignment or assignments in form reasonably satisfactory to Rivanna assigning to Rivanna all other interests in real estate constituting a part of such facilities; (c) a bill or bills of sale in form reasonably satisfactory to Rivanna conveying to Rivanna all tangible personal property constituting a part of such facilities; (d) all engineering data and other records relating to such facilities; and (e) such other documents transferring title of any part of such facilities from the City, the Service Authority or the County, as the case may be, to Rivanna which Rivanna may reasonably determine ~o be necessary or desirable, Section 3.7. Purchase Prices. The sale and purchase price of the facilities shall be their fair value as of the date of this Agreement as determined by Paul B. Krebs and Associates and McNair and Associates, consulting engineers, less such amounts as may be paid to the City or the Service Authority, as the case may be, pursuan~ ~o Section 3.8 on account of debt retirement. If such consulting engineers are unable to agree on the fair value of any of such facilities within one year from the date of this Agreement, the ~wo consulting engineers shall select a third consulting engineer, and the decision of two of the three consulting engineers shall be binding. All expenses of determining such fair values shall be divided equally between the City, the Service Authority and Rivanna. The parties recognize that payment of such purchase price by Rivanna will be made either from excess operating revenues or from borrowed 6-6-73 funds and that the use of funds from either source may be limited by the resolution or indenture authorizing and securing the Bonds. If payment for any facilities is not made when the same is due and payable, the unpaid purchase price shall bear interest from such due date at the rate of 6% per year until paid. Section 3.8. Lease of Facilities. As consideration for the lease of the facilities enumerated in Sections 3.2 through 3.5, inclusive, Rivanna shall pay to the City or the Service Authority, as the case may be, an annual rental of $1.00 plus an amount sufficient to pay the debt service, if any, attributable to such facilities and coming due within the next succeeding twelve months. Each such lease shall require Rivanna to maintain such facilities in good working order. In the event the City or the Service Authority determines that it is prohibited from entering into leases of any such facilities, it shall make every reasonable effort to eliminate such prohibition and, if it is unable to do so, it shall enter into use agreements or make similar arrangements under which Rivanna may operate such facilities as a part of its regional facilities for water impoundment, production, transmission and storage and wastewater interception and treatment. The County shall join in any such lease, use agreement or similar arrangment to the extent of its interest, if any, in any such facilities. ARTICLE IV Construction of New Facilities Section 4.1. New Facilities. Rivanna will provide (a) the additional water facilities described on Exhibit 5 attached hereto and (b) the additional was ewater facilities described on Exhibit 6 attached hereto, as the same may be modified to meet requirements of appropriate regulatory bodies. Rivanna shall also undertake the provision of such additional facilities as may be agreed upon from time to ti~e by the City, the Service Authority and Rivanna. Section 4.2. Payment For New Facilities. The obligation of Rivanna to provide the facilities described in Section 4.1 is limited to the funds available to it from time to time for such purpose. Rivanna shall be under no obligation to provide funds for such purpose exc~ Section 4.3. Additio~ AuthOrity determines the ne mission and distribution fa Rivanna shall provide the r Service Authority, as the c ot in accordance with Section 5.1. L1 Facilities. In,the event that the City or the Service ~d for additional water impoundment, production, trans- ~ilities or wastewater interception and treatment facilities, ~quested facilities at the sole cost of the City or the ~se may be. ARTICLE V Obligations of Authority Section 5.1. Sale of Bonds. Rivanna shall, as soon as may be practicable and with all reasonable dispatch, issue and sell the Bonds pursuant to the Act in an amount, together with other available funds, which will be sufficient to pay the cost of constructing and placing the Project in operation; provided, however, that nothing 6-6-73 112 c~ntained in this Agreement shall require Rivanna to issue the Bonds except upon terms deemed reasonable by it. Section 5.2. Acquisition and Construction of Project. Rivanna shall, as soon as may be practicable and with all reasonable dispatch after the necessary funds are made available to it, acquire, construct and place the Project in operation. Section 5.3. Production and Delivery of Water. Rivanna shall produce and deliver potable water to the City and the Service Authority at Points of Delivery in accordance with their needs and within the limitations of available supply. Rivanna shall provide--~ wa~er ~o the City and the Service Authority in quantities and at pressures at least ~-~ equal to the quantities and pressures available on the da~e hereof. Section 5.4. Acceptance and Treatment of Wastewater. Rivanna shall accept and treat all sewage delivered by the City and the Service Authority at Points of Delivery up to their respective allocated plant capacities in accordance with rules and regula- tions adopted by Rivanna from time to time. Rivanna shall be under no obligation to treat wastewater delivered by the City or the Service Authority in excess of their allocated daily plant capacities. Section 5.5. Opera, ion of Project. Rivanna shall operate and maintain the Project in an efficient and economical manner, making all necessary and proper repairs, re- placements and renewals, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. Production of water and treatment of wastewater shall meet or exceed all applicable ~ standards of regulatory bodies. Section 5.6. Adoption and Enforcement of Rules and Regulations. Rivanna shall adopt and enforce such reasonable rules and regalations as may be necessary or'desir- able to insure the efficient operation and maintenance of its facilities and the compliance with applicable regulations and orders of regulatory bodies. ARTICLE VI Obligations of the Political Subdivisions Section 6.1. Rivanna to Produce All Water. The Political Subdivisions will not produce or sell potable wa~er from any source other than Rivanna. Section 6.2. Rivanna ~o Treat All Wastewater. All publicly owned wastewater tre~tmen~ facilities in the Political Subdivisions, except (a) facilities of the Albemarle County School Board and the Commonwealth of Virginia and (b) septic tank tile field systems, shall be operated by Rivanna under this Agreement. The City and the Service Authority shall deliver to Rivanna at Points of Delivery all wastewater collected by them and shall not permit or provide for the treatment of wastewater collected by them in any other manner. Section 6.3 Limitation on Plant-Capacity. The Political Subdivisions recognize that the capacity of Rivanna's proposed advance wastewater treatment plant will be regulated by the State Water Control Board and that allocations of plant capacity ~.: 6-6-73 113 may have to be made on order to avoid overloading~ The City and the Service Authority each covenants and agrees not to exceed its plant capacity as allocated from time to time. The City and the Service Authority have the primary responsibility for the necessary actions to insure that their wastewater flows remain within their allocations. At such time as the City or the County and the Service Authority are advised by Rivanna that the average flow of The City or the Service Authority, as the case may be, for any three consecutive months has reached 95% of its allocated daily plant capacity, the City or the County, as the case may be, shall suspend the issuance of permits which allow start of construction on projects in the affected area until capacity is in- creased by reason of reallocation or it is advised by Rivanna that additional waste- water may be delivered to Rivanna. Section 6.4. Payment of Charges. The City and the Service Authority each covenants and agrees to pay promptly when due the charges of Rivanna as determined pursuant to Article VII and billed to it from time to time; provided, however, that the City and the Service Authority shall not be obligated to pay such charges except from revenues received by the City and the Service Authority, respectively~ from the charges to be paid by the users of its water and sewerage systems and available to them for such purposes, including availability, connection, consumption and service charges or fees and any other revenues of such systems. The City and the Service Authority each co- venants and agrees to fix and collect from the users of its water and sewerage systems charges sufficient to make the payments required of it;~under this Agreement. Rivanna shall provide the City and the Service Authority with information as to the minimum charges necessary for their respective required payments. Section 6.5. Observance of Regulations. The Political Subdivisions each covenant and agree to observe all reasonable rules and regulations respecting the use of and services furnished by the Project in accordance with Section 5.6 or legally required by any other authorized regulatory body. ARTICLE VII Rates and Charges Section 7.1. Rates in General. Rivanna shall fix and determine from time to time rates for water furnished to and wastewa~er delivered by the City and the Service Authority. Such rates shall be established by Rivanna at~ such levels as may be necessary to provide funds, together with other funds that may be available, sufficient at all times to pay (a) the cost of ~operation and maintenance of the Project, including debt service attribut~able to facilities to be acquired by Rivanna, and reserves for such purposes and for replacements and improvements and (b) the principal Of, premium, if any, and interest on the Bonds, as the same become due, and reserves there,for. Section 7.2. Rates for Urban Area. Rivanna shall establish an urban area which shall include all of the City and designated portions of the County. The boundaries of this area may be changed from time to time. Rivanna shall establish rates for !14 6-6-73 furnishing water to and treating wastewater from the urban area as follows: (a) Water rates shall be uniform throughout the urban area, except as provided in subsection (c) below. Rivanna shall compute t.he cost per 1000 gallons for the operation~ and maintenance of facilities for the impoundment, production, treatment and trans- mission of water. Rivanna shall compute the cost per 1000 gallons for debt service on the existing facilities to be acquired pursuant to Sections 3,2 and 3.4 and the cost of new facilities to be constructed pursuant to Section 4.1. The water rate per 1000 gallons shall be determined on the basis o£ the sum of the operational costs and debt service figures. (b) Wastewater treatment rates for the urban area shall no~ be uniform. Rivanna shall compute the cost per 1000 gallons for the operation and maintenance of facilities for the interception and treatment of wastewater, which rate shall be the same for the City and the Service Authority. Rivanna shall compute the cost per 1000 gallons for debt service on the existing facilities to be acquired pursuant to Sections 3.3 and 3.5 and the cost of new facilities to be constructed pursuant to Section 4.1 on a basis whereby the City pays one-half as much per 1000 gallons as the Service Authority. The wastewater treatment rate per 1000 gallons shall be determined on the basis of the sum of the operational costs and debt service figures. (c) In the case of (1) the Powell's Creek Interceptor and (2) additional water impoundment, production, transmission or distribution facilities or wastewater inter- cep~ion or treatment facilities provided by Rivanna at the request of the City or the Service Authority pursuant to Section 4.3, the full amount of debt service thereon shall be added to the water or wastewater treatment rates determined in accordance with subsection (a) or (b). Section 7.3. Rates in Other Areas. Rivanna shall establish separate rates for water now being furnished and wastewater now being treated at Brownsville, Crozet, Scottsville and at such other areas in the County outside of the urban area to which Rivanna may in the future provide water or from which it may treat wastewater. Section~-7.4. Uniformity in Debt Service Charges, The parties recognize that there will be substantial~variations from year to year in the cost per 1000 gallons for both water and wastewater treatment for debt service on both existing facilities to be acquired and new facilities to be constructed. In an effort to maintain reasonable uniformity of rates from year to year, the parties agree that Rivanna will, to the best of its ability, compute such debt service charges at a uniform rate throughout ten year periods from the date of this Agreement, The parties understand and agree that this procedure will result in excess collections-for debt service in certain periods but in other periods the amount collected for debt service will be less than actually required. Rivanna agrees to apply the excess collections to make up de- ficiencies during periods where debt service costs exceed debt service revenues. Section 7.5. Determination of Charges. Water and wastewater treatment' charges shall be determined by applying the rates determined pursuant to Sections 7,2 and 7.3 to the total amount of water delivered to the City and the Service Authority as obtained 6-6-73 115 by their respective customer meter readings. Section 7.6. Payment of Charges. Rivanna may present charges based on budget estimates, subject to adjustment on the basis of an independent audit at the end of each fiscal year. All charges of Rivanna shall be payable upon presentation. In the event the City or the Service Authority shall fail to make payment in full within 30 days after presentation, interest on such unpaid amounts shall accrue at the highest rate of interest payable~by Rivanna on any of the Bonds then outstanding. Rivanna shall bill the City and the Service Authority, and no one else, for wa~er furnished and wastewater ~reated. ARTICLE VIII Miscellaneous Section 8.1. Amendments. It is recognized by the parties hereto that this Agreement will constitute an essential part of the Rivanna's financing Plan and that, after the Bonds have been sold, this Agreement cannot be amended, modified, or otherwise altered in any manner that will impair or adversely affect the security afforded hereby for the payment of the principal of, premium, if any, and interest on the Bonds, but that this Agreement can be modified or amended only with the consent of the Political Subdivisions, Rivanna and the Trustee given in accordance with the resolution or indenture under which it has been designated. Section 8.2. Books and Records. Rivanna shall k~eep proper books and records in accordance with accepted accounting practices which shall be available for inspection at all reasonable times by the Political Subdivisions through their duly authorized agents. Rivanna shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a 'certified copy thereo~ to be filed promptly with the governing bodies of the Political Sub- divisions. Section 8.3. Transfer of Customers. To the extent permitted by existing bond resolutions and other contractual obligations, the City will offer to the Service Authority all existing customers of the City located in the County and, upon any enlarge- ment of the City's boundaries, the Service Authority will offer th. the City all existing customers of the Service Authority located in the City. As a part of any such offer the City or the Service Authority will offer ~o sell to the other party all of its facilities which provide service with respect to any customers to be transferred. The purchase price of any such facilities shall be their fair market value as part of a going busines~ which shall be determined by appraisal in the manner prescribed in Section 3.7. The City or the Service Authority, as the case may be, will have six months after th~ date of any such offer, which shall state the purchase price, to accept and pay for or reject. Rejection of any such offer shall be final. In the event the Service Authority rejects the offe~ of the City, the City shall be entitled to serve exclusively those areas so delineated on a map entitled "Service Areas," and on a map entitled "Service Area Boundary Line," attached hereto as Exhibits 7 and 7b respectively, and as further described in Exhibit 7c attached hereto, Section 8.4. Successors and Assigns, This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. Section 8.5. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provision hereof. Section 8.6. Counterparts. This Agreement shall be executed in several counter- parts, any of which shall be regarded for all purposes as one original, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and their seals To be affixed and attested by their duly authorized officers, all as of the date first above written. (SEAL) ATTEST' CITY OF CHARLOTTESVILLE By Mayor City Clerk ALBEMARLE COUNTY PUBLIC SERVICE AUTHORITY (SEAL) By ATTEST' Secretary Chairman BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY (SEAL) ATTEST' By. Clerk Chairman (SEAL) ATTEST' Secretary RIVANNA WATER AND SEWER AUTHORITY By. Chairman 117 Exh'ibit 1 WATER PRODUCTION, STORAGE AND TRANSMISSION FACILITIES TO BE ACQUIRED BY RIVANN~ FROM CITY 1 - Mechum's River Raw Water Pump Station 2 - One 18-inch transmission line from Sugar Hollow and Mechum's River to the Ragged Mountain Reservoirs 3 - One 18-inch raw water transmission line from Ragged Mountain to the Observatory Mountain Filtration Plant 4 - One 18-inch raw water transmission line from Ragged Mountain to Observatory Avenue and Southern Railroad and the 16-inch line from that point to the Observatory Mountain Filtration Plant 5 - The R~yal and Stadium Pump Stations 6 - South Rivanna Water Filtration Plant and Storage Tanks 7 - One 16-inch finished water transmission line from Observatory Mountain Filtration Plant to Lambeth Field Pump Station, but not including the Lambeth Field Pump Station 8 - One 24-inch finished water transmission line from the South Rivanna Plant generally paralleling U.S. 29 to Rio Road 9 - One 18-inch finished water transmission line from Rio Road and U.S. 29 to Melbourne Road 10 - One 18-inch'finished water transmission line from Rio Road and U.S. 29 to Hydraulic Road Exhibit 2 EXIS'TING WASTEWATER TREATMENT AND INTERCEPTION FACILITIES TO BE ACQUIRED BY RIVANNA FROM CITY 1 - Moores Creek Wastewater Treatment Plant and its necessary appurtenances 2 - One 30-inch interceptor sewer (Moores Creek) extending from the existing Moores Creek Treatment Plant to the site of the old Moores Creek Treatment Plant 3 - One interoeptor sewer (Meadow Creek) varying in size from 21 inches to 36 inches extending from Emmet Street to the Meadow Creek Wastewater Treatment Plant 4 - One intercepting sewer (Schenks Branch) varying in size from 18 inches to 21 inches, and extending from McIntire Road and Preston Avenue to the Meadow Creek Interceptor :Exhibit 3 WATER PRODUCTION, STORAGE AND TRANSMISSION FACILITIES TO BE ACQUIRED BY RIVANNA FROM ALBEMARLE COUNTY SERVICE AUTHORITY 1 - North Rivanna Water Production facilities including the diversion dam, Filtration Plant and the storage tank at the Filtration Plant 2 - One 12-inch finished water transmission line running from the North Rivanna Plant to U.S. 29 3 - One 12-inch finished water transmission line running from U.S. 29 North to Piney Mountain 4 - The 700,000 gallon storage tank on Piney Mountain 5 - One 12-inch transmission line running South along U.S~ 29 and West to Stillhouse Mountain and the 700,000 gallon storage tank on Stillhouse Mountain 6 - Beaver Creek Pumping Station 7 - One 12-inch raw water transmission line from the Beaver Creek Pumping Station to the Crozet Filtration Plant 8 - Crozet Filtration Plant including the 500,000 gallon Storage facility including the right to use the wells at Mint Springs '- 9 - One 12-inch finished wa~er line from the Crozet Filtration Plant to its terminal point 10 - One 10-inch raw water line from the Scottsville Reservoir to the Scottsville Filtration Plant 11 - The Scottsville raw water pump station 12 - Scottsville Water Filtration Plant and its necessary appurtenances 13 - One 10,inch finished water transmission line from the Scottsville Filtration Plant to the 250,000 gallo~.~ standpipe 14 - The 250,000 gallon Scottsville standpipe Exhibit 4 EXISTING WASTEWATER TREATMENT AND TRANSMISSION FACILITIES TO BE ACQUIRED BY RIVANNA FROM SERVICE AUTHORITY 1 - Central Scot~sville Pump Station (located in vicinity of Lagoon) with its respective force main 2 - Scottsville Lagoon and its appurtenances 3 - Wastewater Treatment Plant at Camelot Exhibit 5 FUTURE WATER IMPOUNDMENT, PRODUCTION AND TRANSMISSION FACILITIES TO BE CONSTRUCTED BY RIVANNA 1. Construction o£ a finished water transmission main connecting the.existing South Fork System in the vicinity of Hydraulic Road and Route 29 North to the existing Observatory System in the vicinity of Lambeth Field. 2. Construction of a finished water transmission main from an existing trans- mission main in the vicinity of Penn Park Road along Rivanna River terminating on Pantops Mountain and including a finished water storage tank on Pantops Mountain. 3. ~Construction of a 12-inch finished water line from the existing Stillhouse Mount~i~.n finished water storage tank to serve the West Leigh-Flordon area; line terminating in the vicinity of the crossing of W~s~ Leigh Drive and Little Ivy Creek. 4. Construction of an additional finished water storage tank at Crozet in the vicinity of Buck Mountain Road and Railroad Avenue as well as the construction of approximately 8,500 feet of finished water transmissio~r main from the existing 12-inch main in State Route 240 to the proposed water storage tank. Exhibit 6 PROPOSED WASTEWATER TREATMENT AND INTERCEPTION FACILITIES TO BE CONSTRUCTED BY RIVANNA J Interim modifications to the Moores Creek and Meadow Creek Was%ewater Treat- ment Facilities to provide for increased capacity as an interim solution until the Regional Plant is available in 1977. 6-6-73 119 Construction of a pumping station ~the confluence of Powell Creek and the Rivanna River with its respective force main and receiving gravity interceptor sewer to receive wastewater from the Powell Creek area and transmit to the Meadow Creek Wastewater Treatment Plant. This pumping station will be phased upon completion of the Rivanna Interceptor and the Regional AWT Plant. Construction of the Moores Creek Interceptor from terminal point of the existing 30-inch line near Rougemont Avenue and Quarry Road to Sunset Avenue to eliminate three pumping stations presently on the line and to otherwise relieve the presently overloaded Moores Creek Intercepting Sewer. Construction of an interceptor sewer from the Berkeley Wastewater Treatment Plant to the existing Meadow Creek Interceptor Sewer ~o relieve the overloaded Berkeley facility with diversion to the Meadow Creek Wastewater Treatment Plant until the Rivanna Interceptor and the Regional AWT Plant are available. Construction of a pumping station with its respective force main and gravity intercepting sewer from Albemarle High School to the intercet~ing sewer in No. 4 above to allow the abandonment of the existing septic tank-sand filter system presently serving the Albemarle High School and Jack Jouett Jr, High School. Construction of an intercepting sewer from the existing Woodbrook Lagoon to the confluence of Powell Creek and Rivanna River To enable the eventual abandonment of Woodbrook Lagoon upon completion of the Rivanna Interceptor and the Regional AWT Plant. Construction of a 20 MGD AWT Plant (first stage 15 MGD) at or near the confluence of Moores Creek and the Rivanna River tb provide the Region with a single treatment facility to treat wastewater from the upper Rivanna River Basin. The design of this plant may incorporate the present Moores Creek Plant. Construction of the Rivanna Interceptor from the proposed Regional AWT Plant parallel to the Rivanna River and extending along the South Fork Rivanna River to U.S. Route 29 eliminating the need for the existing Meadow Creek and Berkeley Wastewater Treatment Plants and the proposed Powell Creek pumping station. Construction of an interceptor on Morey Creek connecting the Moores Creek Interceptor at Sunset Avenue and extending ~o U.S. 250 West to carry the discharges from the area south and west of the City including the Ednam Forest area, and will carry the discharges from the Crozet area to the Regional AWT Plant ~ia Moores Creek Interceptor. Construction of an interceptor, pumping stations and force mains from the Morey Creek Interceptor to the Cro~et-Brownsville Community to carry the dis- charges from the Crozet area to the Regional AWT-Plant via the Morey and Moores Creek Interceptors. Construction of an interceptor along Powell Creek from its confluence with the Rivanna River to the Northside School ~O carry the discharges from the school to the proposed Powell Creek pumping station until such time as the o o o 10. 11. o Rivanna Interceptor and the Regional AWT Plant are operational, at which time, this interceptor will carry the discharges from the Northside School to the Regional AWT Plant via the Rivanna Interceptor. Exhibit 7C DESCRIPTION OF BOUNDARY LINE OF SERVICE AREAS AS SHOWN ON EXHIBIT 7B Beginning at a point, the intersection of the Northern boundary line of lot section 61 Albemarle County Tax Map, of the'Chapel Hill Subdivision, with the centerllne of State Route 631; thence along center line of State Route 631 in a Southerly direction to its intersection with the Western boundary of parcel 144, section 61; thance with the Western boundary of parcel 144, section 61, in a Northeasterly direction to a corner, and continuing with the Eastern boundary of said parcel in a Southerly directionj to its corner with parcel 146D, section 61; thence with said parcel 146D, section 61, in a Northeasterly direction along its Northe~boundary to a corner in the Western margin of the R.O.W. of the SouthemR.R; thence with the said margin of the Southern R.R. in a Southerly direction to a corner common to parcels 150 and 15lA, section 61~ thence crossing the said SouthemR.R. in an Easterly direction to a corner common to parcels 154 and 155, section 61, in the Eastern margin of the R,O~W, of the Southern R.R.; thence with the Northern boundary of parcels 155, and 154D, 154B, 154A, and 164, section 61 to a corner common to parcel 164 and 164A, section 61, in the line of parcel 16, section 62; thence crossing parcel 16, section 62, in a Southerly direction to a corner common to parcel 16, section 62, and parcel 165, section 61; thence with the Easterly margin of parcels 165 and 166, section 61 to a corner common to parcel 166, section 61, and parcel 16, section 62; thence crossing parcels 16 and 17, section 62 in a Southeasterly direction to a corner common to parcels 17 and 17C, section 62; thence with the boundary of parcel 17, section 62, in a Southeasterly direction to a corner common to parcels 17 and 17C, section 62; thence in a Northeasterly direction along the Southeastern boundary of parcel 17, section 62, to the' West bank of Rivanna River; thence Southernly along the West-bank of Rivanna River to the Western' boundary of parcel 29, section 78; thence in a Southwesterly direction along the Western boundary line of parcel 29, section 78 to a corner common to parcels 29 and 22, section thence, crossing parcel 22, section 78, in a Southwesterly direction to a corner 78; common to parcels 22 and 23, section 78, in the margin of State Route 53 and continuing the same course to the center of State Route 53~ thence in Westerly direction along center line of State Route 53 to its intersection with the Charlottesville- ~t or near the entrance t~Monticello; thence in a Southerly di~ectio~ alQn~ Charl0t~es~-~ ville-ScottsvilleSc°ttsvilleDistrictDistrictline~'~line~/~crest of mountai.n) to a poln~ where ~outn Dounmary ±~ne o parcel 25, section 77 and parcel 30, section 91, extended Eastward intersects the Charlottesville-Scottsville District line; thence in a Westerly direction to the South East Corner of parcel 30, section 91, and continuing along the Southern boundary of said parcels 30 and 25 to a point 700 feet East of State Route 20; thence in a 121 Southerly direction crossing parcels 29 and 7, section 91, to the North East corner of lot 36, section 91; thence Southerly along the East property line to the Southeast corner of lot 36, section 91; thence in a Southwesterly direction, crossing parcel 7, section 91, and State Route 20 to the Southeast corner o£ parcels 2 and 8, section 91; thence in a North Westerly direction along South boundary line of parcel 2, section 91; to a corner with parcel LA in the line of parcel 2, section 91; thence Southwesterly along the Southeastern boundary of parcels iA, 1E, iF, and lB to a corner common to parcels lB and 1, section 91; thence continuing Westerly crossing parcels 1, iD, and 13, section 91 to a corner common to parcel 13, section 91, and parcel 35I, section 90; thence with the Northeast boundary of parcel 35I, section 90 in a Northwesterly direction to the center of State Route 742 and with same to a point opposite the entrance to Lake Renovia; thenc'e with the entrance road to Lake Renovia. parcel 36, section 90, in a Westerly direction, crossing a saddle to a ridge and along the crest of the ridge in a Northerly direction, crossing parcel 36, section 90 and parcel 57, section 76 to the SouthemR.O.W. of Highway 1-64; thence Westerly along Southern R.O.W. of Highway 1-64 to a corner common to parcels 54 and 55D, section 76; thence along the Southern boundary of parcel 54, section 76, to the corner of parcels 54, 46A, and 46H, section 76; thence in a Westerly direction along the Northern Boundary and in a Southerly direction along the Western boundary of parcel 46H, section 76., to the center line of State Route 631; thence in a Westerly direction along center line of State Route 631, to the intersection of State Route 781; thence Westerly from the intersection of-State Routes 631 and 781 crossing parcel 49B to the South East corner of parcel 23, section 76; thence Westerly along the Southern boundary of parcel 23, section 76, to a corner common to parcels 23 and 49, section 76, and Sherwood Farms, as shown on section 76N; thence with the said Sherwood Farms in a clockwise direction along the Southern and Western boundary of Sherwood Farms, section 76N, to its corner common to parcel 44, section 75, thence with parcel 44, section 75 Westerly along its Southern boundary to a corner common to parcels 43 and 44, section 75; thence Northerly with the Western boundary of parcel 44, section 75 and continuing the same course, crossing the Southern Railroad and Hy. 29 to a point 300' north of the center line of Hy. 29 in parcel 45, section 75; thence in a Northeasterly direction by a ling. paralleled to and 300' from the center line of Hy. 29, crossing parcels 45 and 48, section 75, to a point in the boundary line common to parcels 48 and 53, section 75; thence in a Northwesterly direction along the Western boundary line of parcel 53, section 75, to its intersection with the South R.O.W. of Hy, 1-64; thence Westerly along South R,O.W. of 1-64 to its intersection with Eastern boundary of parcel I (City Reservoir) section 75; thence along Eastern boundary parcel I, Section 75, to its intersection with the Western corner of parcel 81, section 59D; thence along Western boundary of parcel 81, section 59D to a point approximately 300' South of the SouthemR,O,W. of U.S. 250; thence parallel to and 300' from the Southern R.O.W. of U.S. 250 in a Western direction to a point opposite boundary of parcel 23E section 59; thence Northerly 300' to U.S..~250 the Eastern , R.O.W., and continuing along same line to the Southeast corner of parcel 23E, section 5'9; thence 6-6-73 along Eastern boundary of parcel 23E, section 59, to its intersection with the C & O, R.O.W. and the same course continued crossing the C & O R.R, to its boundary with Farming~on; thence along the Western boundary of Farmington in a clockwise direction ~ to the intersection of State Routes 601 and 654 at the bridge over Ivy Creek; thence '~ Southeasterly approximately. 200' along center line of State Route 654 to the Western boundary of parcel 3, section 60; thence in a Southerly direction along the Western boundary of parcel 3, section 60, to a corner common to parcel 3 section 60, and "Colthurst Farm" section 60C; thence with "C'olthurst Farm," section 60C, along its ~ Western and Southern boundary to a corner common to "Colthurst Farm" and parcel 66, section 60; thence in a counter clockwise direction along the Western, Southern and Eastern boundaries of parcel 66, section 60, to the center of State Route 654; thence in a Northerly direction along the Western boundaries of parcels 27 and 27A, to the Northwestern corner of parcel 27A, section 60A and ~ontinutngwith the said parcel 27A Eastward along its Northern boundary and Northward along its Western boundary to a corner common to parcel 27E, section 60A; thence in a Northerly direction with'the West. er~y'bO~ndar~ of.-~.parce~ 2~E ~o-~:(e~e~mm~n~-~ar~el~ ~E~-and. IOA, (~Hessian Hills") sec~tion 6~; thence, in a count.er clockwise dire~tio~ along the boundary of "Hessian Hills" to a corner in the West side of State Route 656; thenc~ in an Easterly direction to the center line of State Route 656; thence in a Northeasterly direction along center line of State Route 656 to the South corner of Georgetown Green; thence in a clockwise direction around the boundary line of Georgetown Green Subdivision to the center line of State Route 743; thence in a Northerly-direction along State Route 743, to the Northwestern corner of parcel 27A~ section 61; thence Easterly along the *and continuing along Southern boundary of Parcel~2~9, section 61, Northern boundary of parcel 27A, section 61/~o a corner common with parcel 29, section 61, "Westfield.," section 61W, and the Berkeley Community, section 61M; thence with the Southwestern boundary of Berkeley, section 61M and parcel 119, ~section 61 to the center line U.S. 29; thence Northward along the center line of Hy. 29 t~.~a point, the intersection of the center line of Hy. 29 with the Southern boundary extended, of parcel 135A, section 61; thence with the Southern boundaries of parcels 135A and 135B, and 135 in a Southeasterly direction to a corner common 135B and 136, section 61; thence along South boundary of 135B, section 61, in an Easterly direction to a corner common to lot 135B and lot 14 of Chapel Hill Subdivision; thence in a clock-wise direction I!~ around Chapel Hill Subdivision to the center line of State Route 631 (Rio Road), the point of beginning. At this time, the Board continued their discussion of a request f~om the Planning Commission for a six months moratorium on rezoning requests. Dr. Catlin said the Planning Commission was concerned about the Board's reaction to their request, however, they did feel that this decision must be made by the Board of Supervisors. He said that work had been performed on uses in the zoning ordinance in March, but the law students working on this had stopped work at the end of April and now in June the Planning Commission still had no legal definitions. He said they felt frustrated. 123 Mr. Thacker asked if the Planning Commission had discussed other alternatives presented at the last meeting. Dr. Catlin replied that they had been discussed, however, the Planning Commission felt that all three suggestions had major flaws. Mr. Wheeler said he real'ized that the Board had always asked a lot of the Pianning Commission, but he felt they should request any additional staff needed in order to finalize work on the new zoning ordinance. Mr. Wood agreed with Mr. Wheeler and said he felt it was important that the Board have a public hearing on this ordinance as soon as possible. He then offered motion to deny the request for a moratorium and approve whatever additional staff help that is required. Motion was seconded by Mr. Thacker. Mr. Fisher felt that the ordinance presented to the Board should be reasonably uniform and consistent and he felt the Board should support the Planning Commission's request. Mr. Carwile said he felt that when the new zoning ordinance reaches the Board it should be cohesive from a technical and planning standpoint, however, he preferred that the Board supply technical assistance to supplement the existing staff rather than impose a moratorium. Mr. Henley said that the cost of the Planning and Engineering Departments had increased substantially this year and it still seamed as though there were not enough people to do the work required. Mr. Wheeler said that this cost had been the concern of a number of citizens when zoning was first discussed, however, he felt the benefits from zoning would outweigh any cost. Mr. Henley agreed, however, he felt there must be ways to apply some of this cost to developers. Mr. Thacker said he felt that the ordinance should be administered, however, he did share Mr. Henley's concern about the cost of growth and development. He said the Board needed to determine what growth does cost, but he would support a moratorium only as a last reult. Mr. Wheeler said it had been mentioned that this Board was under pressure not to enforce a moratorium, however, this was incorrect. He had had no one call him to speak in opposition to a moratorium. Vote was taken at this point, and the motion to deny the Planning Commission's request for a moratorium on rezoning requests was carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Thacker, Wheeler and Wood. Mr. Fisher and Mr. Henley. Upon proper motion, the meeting adjourned at 9:15 p.m. Chairman