1965-07-27SPECIAL dULY 27, 1965
PURSUANT TO THE FOLLOWING WAIVER, MEMBERS OF THE BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA, MET IN SPECIAL SESSION ON THIS DATE, AT 3=00 P.M., WITH THE
FOLLOWING MEMBERS PRESENT= MESSRSo EDGAR N. GARNETT, F. [. PAULETT, GARRETT Wo KIRKSEY,
GEORGE Co PALMER, !1, ROBERT THRAVES AND R. Ac YANCEY.
ABSENT= NONE.
WE~ THE UNDERSIGNED, MEMBERS OF THE BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE 0OUNTY~ VlRGINIA~ DO HEREBY WAIVE NOTIOE AND SPECIAL SERVICE
THEREOF, OF A MEETING TO BE HELD AT 3500 P.M. ON THE 2?TH 9AY OF JULY~
lC~5~ FOR THE PURPOSE OF CONSIDERING MATTERS PERTAINING TO THE JOINT
AIRPORT ~ND TO LEASE BETWEEN THE ALBEMARLE COUNTY SERVICE AUTHORITY
AND THE BOARD OF COUNTY SUPER¥1$ORSp AND WE DO HEREBY CONSENT TO ANY
AND ALL BUSINESS AND THE TAKING OF SUCH ACTION AT SAID MEETING UPON THE
MATTERS HEREINABOVE MENTIONED AS MAY BE LAWFUL~ INCIDENT AND NECESSARY
R~BERT T,RAVES
THE FIRST PART OF THIS MEETING ~AS HEL9 AT THE CNARLOTTESViLLE-ALBEaARLE AIRPORT
dOINTL~ ~ITH aEMBERS OF OIT~ CO~NClL AN~ THE JOINT AIRPORT Coaa~ss~e~. OTHERS PRESENT
INCL~gED COL. ~ILLARD G. PLENTL~ DIRECTOR OF DIVISION OF AERONA~TICS~ STATE ~ORPQRATION
OOa~ISSlON~ AN~ ~, ~, O. COLLINS OF THE FEDERAL AVIATION A6ENCY,
~R, OAMES [. BO~EN~ CITY MANAGER~ SPOKE ~ITN RE6~R9 TO PROPOSED EXTENSION OF T~E
AIRPORT R~N~AY. HE STATE~ THAT IF THE R~N~AY IS LEN6THENE~ TO MEET FAA RE~IREaENTS~ THEN
IT M~ST BE ~I~ENE9 TO ~0 FEET~ ~NICH WOOL9 MEAN AN Ag~ITIONAL ~ FT, ON EA~N $1~E OF THE
R~N~AY. HE RECOMMENCE9 THAT THIS PROdECT~ IF APPROVE~ ALSO INCL~gE RES~RFACING OF T~E
EXISTING R~N~AY AN9 CONSTR~¢TION OF TAXI ~A~ ~e THE ~ORTH EN~, HE F~RTHER A~ISE9 THAT
THE teST OF THIS ~ROdEOT HA~ BEEN ESTIMATE~ AT ~500~000.00~ OF WHICH T~E FEDERAL GOVERNMENT
WOOL9 PAY ~250~000.00 AN9 THE STATE ~25~000,00, LEAVING THE CITY AN9 O0~NTY TO PAY
~2~500.00 EAGH.
MR. COLLINS AND OOL. PLENTL EXPLAINED TO THOSE PRESENT REQUIREMENTS OF AND REIMBURSE-
MENT PROCEDURES OF THE FEDERAL AND STATE A~EN~IES.
AFTER DISCUSSION OF THE MATTER, THE FOLLOWING RESOLUTION WAS OFFERED BY MR.
PALMER, SECONDED BY MR. THRAVES, AND UNANIMOUSLY ADOPTED=
BE IT RESCLVED BY THE BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA, THAT THE COUNTY EXECUTIVE AND THE
CiTY MANAGER BE AND THEY ARE HEREBY AUTHORIZED TO PREPARE AND
EXECUTE APPLICATION FOR FEDERAL ~ND STATE FUNDS IN CONNECTION
WITH THE EXTENSION OF THE CHARLOTTESV+LLE-ALBEMARLE AIRPORT
RUNWAY TO MEET FAA REQUIREMENTS, SAID PROJECT TO INCLUDE RE-
SURFACING OF EXISTING RUNWAY AND CONSTRUCTION OF TAXi WAY TO
THE NORTH END OF SAID RUNWAY.
THE BOARD THEN RETURNED TO THE COUNTy OFF[CE BUILDING FOR THE CONTINUATION OF
THIS MEETING.
PROPOSED LEASE BETWEEN THE ALBEMARLE COUNTY SERVICE AUTHORITY AND THE BOARD OF
COUNTY SUPERVISORS, AS REVISED BY WOOD, KING, DAWSON AND LOGAN, WAS PRESENTED, EXAMINE9
AND DISCUSSED AT LENGTH. ON MOTION OF MR. PALMER,' SECONDED BY MR. PAULETT, AND UNANI-
MOUSLY CARRIED~ SAID LEASE (WHICH FOLLOWS) WAS APPROVED AND THE CHAIRMAN WAS AUTHORIZED
TO EXECUTE SAME, SUBJECT TO FINAL APPROVAL BY THE ALBEMARLE COUNTY SERVICE AUTHORITY AND
ITS ATTORNEY, AND BY WOOD' KIN~ DAWSON AND LOGAN, BONDING ATTORNEYS~ AND SUBJECT TO
UNALLOCATED SURPLUS FUNDS OF THE CROZET'SANITARY DISTRICT BEING DEPOSITED IN ESCROW UNTIL
SUCH TIME AS LEGAL DETERMINATIONS CAN BE MADE. ·
LEASE
THIS LEASE, MADE TNIS 27TH DAY O'F JULY, 1965, SY AND' SETWEEN THE BOARD OF COUNTY
SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, HEREAFTER REFERRED TO AS THE BOARD, ACTING'.
ON BEHALF OF THE CROZET SANITARY DISTRICT, HEREAFTER REFERRED TO AS THE DISTRICT, AND
THE ALBEMARLE COUNTY SERVICE AUTHORITY, A PUBLIC BODY POLITIC AND CORPORATE CREATED BY
THE BOARD, PURSUANT TO SECTION 15.1-1239 TO 15.1-1270, INCLUSIVE, CODE OF VIRGINIA 1950,
AS AMENDED~ HEREAFTER REFERRED TO AS ~E AUTHORITY.
WI TNESSETH ~
THAT FOR AND IN CONSIDERATION OF THE MUTUAL AGREEMENTS'HEREIN, AND ESPECIALLY OF
THE PAYMENTS PROVIDED FOR HEREIN, THE BOARD IN iTS OWN BEHALFAND ON BEHALF OF THE DIS-
TRICT, HEREBY GRANTS, LEASES AND DEMISES UNTO TH/ AUTHORITY ALL OF THE REAL AND PERSONAL
PROPERTY OWNED BY THE BOARD AND THE DISTRICT WHICH IS.USED BY THE DISTRICT FOR THE COL-
LECTiON, STORAGE, PROCESSING, PUMPING~AND DISTRIBUTION OF WATER TO THE CITIZENS AND
CUSTOMERS LOCATED WITHIN AND WITHOUT THE LEGAL BOUNDARIES OF SAID DISTRICT AND FORPRO-
TECTION OF THE WATERSHED FROM WHICH WATER IS COLLECTED. SUCH PROPERTY INCLUDES BUT IS
NOT LIMITED TO, OPEN AND CLOSED STORAGE FACILITIES, FILTER PLANT AND APPURTENANCES
THERETO, THE LAND ~N WHICH SUCH FACILITIES ARE LOCATED, EASEMENTS FOR PIPE LINES~
PIPES~ VALVES~ FITTINGS~ BOTH INSTAL,LED AND ON HAND; METERS~ HAND AND POWER TOOLS~ MOTOR
VEHIOLE~ AND ALL OTHER IMPLEMENTS~ TOOLS~ AND MISCELLANEOUS SUPPLIES USED IN MA-INTAINING)
OPERATING~ AND SUPPLYING WATER TO THE CITIZENS AND CUSTOMERS OF THE DISTRICT,
THE TERM OF THIS LEASE SHALL CONTINUE FROM THE DATE HEREOF UNTIL APRIL 16~ ~0~
PROVIDED; HOWEVER~ THAT FROM AND AFTER DECEMBER 1~ 197~ tF ALL OF THE OUTSTANDING BONDS
OF THE DISTRICT SHALL HAVE BEEN PAID OR PROVISION FOR THE PAYMENT THEREOF DULY MADE~ THE
AUTHORITY SHALL HAVE THE OPTION TO ACQUIRE~ AND THE BOARD~ FOR AND ON BEHALF OF THE DIS-
TRICT~ TO THE EXTENT AND IN THE MANNER THEN PERMITTED BY LAW~ SHALL TRANSFER TITLE TO ALL
OF THE PROPERTY9 REAL~ PERSONAL AND MIXED~ OF THE DISTRICT HEREINABOVE DESCRIBED~ AND THE
BOARD~ ACTING FOR AND ON BEHALF OF THE DISTRIGT~ HEREBY AGREES THAT IT WILL CONVEY SUCH
TITLE TO THE AUTHORITY WITHOUT FURTHER PAYMENT BEING MADE TO THE BOARD OR THE DISTRICT AND
THAT ALL FURTHER PAYMENTS OF LEASE RENTALS BY THE AUTHORITY SHALL THEREUPON CEASE.
THE AUTHORITY-HEREBY ASSUMES FOR THE TERM HEREOF THE OBLIGATION OF FURNISHING THE
EXISTING WATER CUSTOMERS NOW BEING SERVED BY THE DISTRICT~ AND~ WHENEVER FEASIBLE AND
PROPER~ ADDITIONAL CUSTOMERS WITHIN THE DiSTRICT~ ~ITH WATER AT RATES WHICH~ TOGETHER WITH
OTHER REVENUES OF THE AUTHORITY~ WILL BE SUFFICIENT TO MEET EXPENSES OF OPERATION AND
MAINTENANCE AND PRINCIPAL AND INTEREST PAYMENTS ON ITS OUTSTANDING BONDS, INCLUDING RE-
SERVES FOR SUCH DEBT SERVICE AND OTHER PURPOSES WHICH ARE USUAL AND CUSTOMARY IN THE
OPERATION OF SIMILAR PROJECTS~ ALL OF WHICH RATES SHALL BE SUBJECT TO THE JURISDICTION OF
THE STATE CORPORATION COMMISSION. THE AUTHORITY ALSO ASSUMES FOR THE TERM OF THE LEASE
THE OBLIGATION OF MAINTAINING THE' LEASED PROPERTY IN A PROPER STATE OF REPAIR TO INSURE
ADEQUATE SERVICE, THE AUTHORITY FURTHER AGREES TO PAY TO THE COUNTY OF ALBEMARLE) AT
LEAST THIRTY (~0) DAYS PRIOR TO THE DATE OF MATURITY OF EACH~ANNUAL INSTALLMENT OF
PRINCIPAL OF EACH ISSUE OF BONDS OF THE DISTRICT NOW OUTSTANDING; THE AMOUNT OF SUCH IN-
STALLMENT PLUS THE AMOUNT OF INTEREST ON THE RESPECTIVE ISSUE DUE ON THE DUE DATE OF SUCH
INSTALLMENT OF PRINCIPAL AND SIX MONTHS THEREAFTER~ SUCH PAYMENTS TO CONTINUE ~NTIL ALL OF
S~CH BONDS AND THE COUPONS FOR INTEREST ATTACHED TBERETO HAVE MATURED AND BEEN'PAID OR
PROVISION FOR THE PAYMENT THEREOF DULY PROVIDED FOR IN THE EVENT THE HOLDERS THEREOF HAVE
NOT PRESENTED THE SAME FOR PAYMENT. ALL SUCH PAYMENTS BY THE AUTHORITY SHALL BE DEEMED AN
OPERATING EXPENSE OF THE AUTHORITY AND SHALL CONSTITUTE A FIRST CHARGE AND LIEN UPON THE
REVENUES OF THE AUTHORITY,
THE RIGHTS) INTERESTS~ PRIVILEGES AND BENEFITS ACCRUING TO OR VESTED IN THE
AUTHORITY UNDER THIS LEASE MAY BE PROTECTED AND ENFORCED BY SUCH SUITS~ ACTIONS OR PRO--
CEEDINGS~ AT LAW OR IN ~QUITY~ AS MAY BE INSTITUTED BY THE AUTHORITY OR BY ANY HOLDER OR
HOLDERS OF ANY REVENUE BONDS OF THE AUTHORITY~ SUBJECT TO ANY RESTRICTIONS PERTAINING TO
SUCH HOLDER OR HOLDERS IN THE PROCEEDINGS AUTHORIZING THE ISSUANCE OF SUCH REVENUE BONDS,
IN ~ITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS CAUSED THIS LEASE TO BE EXECUTED
IN DUPLI'CATE ON ITS BEHALF BY ITS PROPER OFFICIAL HEREUNTO DULY AUTHORIZED~ THE DAY AND
YEAR FIRST ABOVE WRITTEN.
ATTEST:
CLERK
ATTEST:
BY
SECRETARY
BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA
BY
CHAIRMAN
ALBEUARLE COUNTY SERVICE AUTHORITY
BY .....
CHAIRMAN
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, TO-WIT:
Ir ......... ~ A NOTARY PUBLIO IN AND FOR THE COUNTY AND STATE
AFORESAID~ :DO HEREBY CERTIFY THAT ........ j CHAIRMAN OF THE BOARD OF COUNTY
SUPERVISORS OF ALBEMRRLE COUNTY~ VIRGINIA~ AND ......... ~ CHAIRMAN OF THE
ALBEMARLE COUNTY SERVICE AUTHORITY~ WHOSE NAMES ARE SIGNED TO THE FOREGOING WRITING BEARING
DATE ON THE _ _ DAY OF _ _~ ~ HAVE DULY AOKNOWLEDGED THE SAME BEFORE ME IN MY
COUNTY AND STATE AFORESAID,
GIVEN UNDER MY HAND THIS
DAY OF ......... , 1(:~5.
MY COMMISSION EXPIRES THE .... DAY OF ..... ~ t9~,Q .
NOTARY PUBL lC
ON MOTION~ THE MEETING ADJOURNE~o