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1972-05-30N149 May 30, 1972 An adjourned meeting of 'the Board of Cou~'ty Supervisors of Albemarle County, Virginia, was held at 7:30 P.M. on this date in the Albemarle County Court House. Present: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. Absent: None. Officers present: County Executive,.County Attorney. Mr. Wheeler stated that at 'the last meeting of the Board consideration was given nominations for the seventh member of 'the School Board and at that 'time there was a tie vote. He then recognized Mr.' Thacker. Mr. Thacker made '~3 motion 'to reconsider the vote for the seventh 'SchOol Board member. Motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. Mr. Wood. The Chairman then asked the Clerk to call 'the roll and take vote between Mr. Scott and Mr. Maupin. The vote was as follows: Mr. Carwile vo'ted for Mr. Scot't prefacing his vote by stating that he felt either nominee would make an admirable addition 'to 'the School Board, Mr. Fisher voted for Mr. Maupin. Mr. Henley voting forMr. Maupin stat~d.c.' that both men would make good school Board members. Mr. Thacker stated tha't he felt ~either would be an asset 'to 'the School Board and he felt the County was fortuna'te to have two men so well qualified for the position, however, in order no't to have a tie vote he would change his vote and he voted f~r Mr. Maupin. Mr. Wheeler voted fD~ Mr. Maupin. Mr. Wood voted for Mr. Scott.. The Chairman then stated that 'the vote was four (4) for M~. Maupin and two (2) for Mr. Scot't, 'thereby, Mr. Maupin was elected as the seventh member of the School Board. The County Attorney having informed the Board that action taken on May 18, 1972 in reference 'to the~sale of school bonds was 'taken before appropriate resolution of the School Board had been adopted, motion was made by Mr. Carwile, seconded by Mr. Fisher-to rescind action of-~ay 18, 1972. Motion carried by 'the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Upon motion by Mr. Carwile, seconded by Mr. Henley, the following resolution was adopted by the following recorded vote: 250 AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wh~-eler and Wood. NAYS: None. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,850,000- SCHOOL BONDS OF ALBEMARLE COUNTY, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF. ALBEMARLE COUNTY, VIRGINIA: 1. The contracting of a debt and the issuance of school bonds of Albemarle, County, Virginia, in the maximum amount of $4,850,000, havi~g been approved at an election he~d in the County on November 2, 197I, and none of such bonds having been sold, all of such bonds~are hereby au'thorized to be issued an~ sold. 2. The bonds ?shall be coupon bonds without privilege of re~str~tion, shall be designated "School Bonds," shall be dated July 15, 1972, shall be of 'the denomina'tion of $5,000 each, shall be numbered from 1 'to 970, inclusive, and shall ma'ture in annual installments of $150,000-on January 15 in each of the years 1974 to 1983, inclusive, $200,000 on January 15, 1984, $250,000 on January 15 in each of 'the years 1985 to 1987, inclusive, and $400,000 on January'15 in each of the years 1988 'to 1993, inclusive, without option of prior redemption. The bonds shall bear interest at such rate or rates as determined at the 'time of sale, payable semiannually on January 15 and July 15. Both principal and interest shall be payable at 'the principal office of United Virginia Bank, Richmond, Virginia, The Bank of New York, New York, New York, or National Bank and Trust Company, Charlottesville, Virginia, at 'the option of 'the holder. 3. The bonds shall be signed by the facsimile signature_ of the Chairman of the Board of Supervisors, shall be coun'tersigned by the Clerk of the Board and a facsimile of the Board's seal shall be printed on the bonds. The coupons attached 'to the bonds shall be authenticated by the facsimile signatures of 'the 'Chairman and Clerk~ 4. The bonds and coupons shall be in substantially the following form: (FORM OF BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY School Bond Albemarle County, Virginia, for value received, hereby acknowledges i'tself indebted and promises to pay 'to bearer Upon presentation and surrender hereof 'the sum of FIVE THOUSAND DOLLARS ($5,000) On January 15, 19 , and to pay interest thereon from 'the date hereof to m aturi'ty at the rate of per cent ( %) per year, payable semiannually on January 15 and July 15 upon presentation and surrender of the attached coupons as-they become due.- Both principal of and interest on this bond are payble in lawful money of the United S.tates of America at 'the principal office of~ United Virginia Bank, Richmond, Virginia, The Bank of New York, New York, New York, or Na'tional Bank ~nd Trust Company, Charlottesville, Virginia, a't 'the option of the holder. This bond is one of an issue of $4,850,000 school bonds of like da'te and 'tenor, except as to number, rate of interest and maturity, au'thorized a't an election in the County on November 2, 1971, and is issued .pursuant 'to 'the Public Finance Act, as amended, to provide funds for public schools. The full fai'th and credit of Albemarle County are hereby irrevocably pledged for 'the payment of principal of and interest on this bond. Ail acts, conditions and things required by the Constitu'tion and statutes of the commonwealth of Virginia 'to happen, exist or be performed precedent 'to and in the issuance of this bond have happened, exist and have been performed, and 'the issue of bonds of which 'this bond is one, together 15'1 with all other indebtedness of Albemarle County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonweal'th of Virginia. IN WITNESS WHEREOF, the Board-'of Supervisors of Albemarle County, Virginia, has caused this bond to be signed by the facsimile signature of its Chairman, ~o'be countersigned by its Clerk, a facsimile of its seal to be printed hereon~the at'tached interest coupons 'to be authenticated by the facsimile signatures of its Chairman and Clerk, and this bond to be dated as of July 15, 1972. COUNTERSIGNED: Clerk, Board of Supervisors of Albemarle County, Virginia (SEAL) Chairman, Board of Supervisors of Albemarle County, Virginia (FORM OF ~OUPON,) No. $ January On July 15, 19 , Albemarle County, Virginia, will pay 'to bearer the amount shown hereon in lawful money of the United States of America at the principal office of United Virg~ka Bank, Richmond, Virg~ ia, The Bank of New York, New York, New York, or National Bank and Trust Company, Charlottesville, Virginia, at 'the oution of the holder, being the sef~iannual interest 'then due on its School Bond dated July 15~ 1972, and numbered Clerk, Board of Supervisors of Albemarle County, Virginia Chairman, Board of Supervisors of Albemarle County, Virginia ~. The full faith and credit of Albemarle County are hereby irrevocabl~ pledged for lthe payment Of principal of and~interest on the bonds. There shall be levied and collected annually on all locally 'taxable proper'ty in 'the 'County an ad valorem tax over and above all other taxes authorized'or limited by law sufficient to pay such principal and in'terest as the same respectively become due and payable° 6. Bids for the bonds shall be received by 'the State Commission on Local Debt on behalf of the Board of Supervisors. The bonds shall be adver'tised for sale substantially in accordance with t~h~ Notice of Sale attached hereto as Exhibit A. 7. After bids have been received and the bonds awarded, the Chairman and Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser 'thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall no't be invested, except for a 'temporary period until such proceeds are needed for the purpose specified herein, in securities the yield on which in the aggregate exceeds by more than one-half of one percent 'the yield of 'the bonds (such yields computed on an adjusted basis permitted by regulations adopted to implement Section 103(d) of the Internal R~venue Code of 1954, as amended). 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of Albemarle County. 10. This resolu'tion shall 'take effec't immedia'tely. Upon motion by Mr. Thacker, se'conded by Mr. Fisher, 'the foli~wi'ng reSolution was adopted by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None% RESOLUTION AUTHORIZING~THE ISSUANCE AND SALE OF $500,000 JAIL BONDS OF ALBEMARLE COUNTY, VIRGINIA, HERETOFORE AUTHORIZ.E~, ~ND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBFlVIARLE COUNTY, VIRGINIA: 1. The con~trac'ting of a debt and 'the issuance of jail bonds of Albemarle County, Virginia, in 'the maximum amount of $500~000, having been approved at an election held in 'the Coun'ty on November 2, 1971, and none of such bonds having been sold, there are hereby authorized 'to be issued ~nd sold all of such bonds. 252 2. The bondsshall be coupon bonds without privilege of registra'~ion, shall be designated "Jail Bonds," 'shall be dated July 15, 1972, shall be of the denomination of 85,000 each~ ~hall be numbered from 1 to 100, inclusive, and shall mature in annual installments of $50,000 on January 15 in each of the years 1974 to~1955, inclusive, withou't option of prior redemption. The bonds shall bear interest at such rate Or rates as determined at 'the time o£ sale, 'payable semiannually on January 15 and JuDy 15~ Both principal and interest shall be payable at the principal office o£ United Virginia Bank, Richmond, Virginia, The Bank of New York/ New York, New York, or National Bank and Trust Company, Charlottesville, Virginia, at the option of the holder. 3. The bonds shall be signed by 'the facsimile signature of the Chairman of 'the Board of Supervisors, shall be countersigned by 'the Clerk of the Board and a facsimile of the Board's seal shall be printed on the bonds. The coupons attached to 'the bonds shall be authenticated by the facsimile signatures of the Chairman~and Clerk. 4. The bonds and coupons shall be in substantially 'the following form: (FORM OF BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY Jail Bond Albemarls County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the-sum of FIVE THOUSAND DOLLARS ($5,000) on January 15, 19 ,-and 'to pay interest there~from the da.te hereof to maturity at the ma'te of Per cent ( %) per year, payable semiannually on January'15 and July 15 upon presentation and Surrender of the attached coupons as they become due. Both princiPal of and interest on 'this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, The Bmnk of NewYork, New York, N~wYork, Or~ National>Ba~nk and TrUst Company; Charlottesville, Virginia, at the option of 'the holder. This bond is one of an issue of $500,000 jail bonds of like date and tenor, except-as to number, rate of interest and maturity, authorized at an election in the County on November 2, 1971, and is issued pursuant to the Public Finance Act, as amended, to provide funds for jail facilities. The full fai'th and cre~i't of Albemarle County are hereby irrevocably pledged for the payment of principal of and inte~e, st on this bond. All acts, conditions and things required by 'the constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent 'to and in 'the issuance of this bond have happened, exist and have been performed, and the'issue of bonds of which 'this bond is one, together with all o'ther indebtedness of Albemarle County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County, Virginia, has caused 'this bond 'to be signed by 'the facsimile signature of its Chairman, 'to be countersigned by i'ts Clerk, a facsimile of its seal to be printed hereon, the a'ttached interest coupons to be au'thentica'ted by 'the facsimile signatures of i'ts Chairman and Clerk, and this bond to be dated as of July'15~ 1972. COUNTERSIGNED: (SEAL) Clerk, Board of:Supervisors of Albemarle County, Virginia Chairman, Board of Supervisors of Albemarle County, Virginia (FORM OF COUPON) No. $ 153 January On July '~ 15, 19 , Albemarle CoUnty, Virginia,' will pay to bearer the amount shown hereon in lawful money of the United States of America at the~principal office of United Virginia Bank, Richmond~ Virginia, The Bank of New York, New York, New York, or Na'tional Bank and Trust Company, Charlottesville, Vir~nia, at 'the option of 'the holder, being the semiannual interest then due on its Jail Bond dated July 15, 1972, and numbered Clerk, Board of Supervisors of Albemarle County, Virginia Chairman, Board of Supervisors of Albemarle County, Virginia 5. The full faith and credit of Albemarle CoUnty are hereby irrevocably pledged for 'the payment of principal of and interes't on the bonds. There shall be levied and collected annually on all locally taxable property in the County an ad valorem 'tax over and above all other 'taxes authorized or limited by law sufficien't 'to pay such principal and i~terest as the same respectiVely become due and payable. 6. Bids for the bonds shall be received by the Sta'te Commission on Local Debt on behalf of the Board of Supervisors. The bonds shall be advertised for sale substantially in accordance with 'the Notice of Sale attached to a resolution adopted concurren'tly herewith authorizing the issuance and sale of $4,850,000 school bonds. 7. After bids have been received and 'the bonds awarded, 'the Chairman and Clerk are hereby authorized and direc'ted 'to 'take all proper steps to have the bonds prepared and executed in accordance with their 'terms and to deliver the bonds 'to 'the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested, except for a temporary period' until such proceeds are needed for the purpose specified herein, in securi'ties 'the yield on which in 'the aggregate exceeds by more than one-half of one pe~ce~t the y~eld of~the bonds (such yields computed on an adjusted basis permitted by regulations adopted to implement Section 103(d) of 'the Internal Revenue Code of 1954, as amended). 9. The Clerk is hereby authorized and directed 'to see to the immediate filing of a certified copy of this resolution with the Circuit Court of Albemarle County. 10. This resolution shall take effect immediately. At this 'time, the Chairman called for a public hearing on "Concurrent Reso~tion Signifying the Intention of 'the Council of 'the City of Charlottesville and the Board of County Supervisors of-Albemarle County to Create a Wa'ter and Sewer Authority under the Virginia Water and Sewer Authorities Act and Set'ting Forth its Articles of Incorporation" and "Concurren't Resolution Signifying the In'tention of the Council of the~City of Charlottesville and 'the Board of County Supervisors of Albemarle County · to Create a Sewer Authority under the Virginia Water and Sewer Authorities Act and Setting Forth i'ts Ar'ticles of Incorpora'tion", both having been advertised in the Daily Progress on May 19, 1972. Mr. Carwite gave an up-dated report on negotiations with 'the City Council. The public was t~n invited to speak. A brief summary of general comments follows: A Mr. Perry asked several questions concerning funding of ~the authority. Mr. Jack Taggar~t read a communica.tion from the Ivy Citizens--Association. The main poin't of 'this communication was to ask that the Board design their final agreement for 'the au'thori.ty 'to permit par'ticipating governments 'to retain enforced powers rather to delega'te these 'to a super government. Mrs. Seldon asked if the agreement would be as 'tightly worded as the one for Fairfax County. No one else from the public coming forth to speak and no snbstantial objection having been rai~ed on the intent to:create a water and sewer (or sewer) authority, the Chairman called an end to the public hearing. Motion was made by Mr. Carwile, seconded by Mr. Thacker, to adjourn 'this meeting until 8:30 A.M., on June 2, 1972,in the BOard Room of 'the County Office Building. Motion carried by 'the following recorded vote: AYES: Messrs. Carwile, Fisher/' Henley, Thacker,~ Wheeler and Wood.. NAYS: None. left out ~ ...... Claims against the County amounting to $ 1,712~084.$Twere presented, above examined and allowed, and certified ~to_the Director of Finance for ~payment and charged against 'the following funds: General Revenue Fund General Operating Fund School Operating Fund Virginia Public Assistance Fund Capital Outlay Fund Cafeteria Fund Textbook Fund Dog Tax Fund Textbook Rental Fund Mental Health Fund Town of ScottSville-1% Local-Sales Tax Commonwealth of 'Virginia: C~mrent Credit Aecount 185V69 12~, 701.32 7~3,411-, 03 86,921.29 947. ~ 623.11 1,361.8~ 2,960 0g I g', 133 ] ~'3 112,23 526,707.9'0 Tetal $1,71 2,084.47 Chairman