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HomeMy WebLinkAbout8/22/2003 - RegularAGENDA County of Roanoke And City of Roanoke Joint Meeting August 22, 2003 This is a joint meeting of the City of Roanoke and the County of Roanoke for the purpose of providing an update on the proposed regional water and wastewater authority. The meeting is being held at the Roanoke Valley Resource Authority - Community Meeting Room, 1020 Hollins Road, Roanoke, Virginia. A. CALL TO ORDER AND OPENING REMARKS (9:30 a.m.): Ralph K. Smith, Mayor -City of Roanoke Joseph P. McNamara, Chairman -Roanoke County Board of Supervisors B. INVOCATION: John M. Chambliss, Jr. Assistant County Administrator -Roanoke County C. OVERVIEW OF THE PROPOSED AUTHORITY: Elmer C. Hodge, County Administrator -Roanoke County of Roanoke Darlene Burcham, City Manager -City of Roanoke D. UPDATE ON STATUS OF AUTHORITY FORMATION: Mike McEvoy, Director of Utilities -City of Roanoke Gary Robertson, Director of Utilities -County of Roanoke • Timeline for implementation of authority E. BRIEFING REGARDING DEBT AND FINANCE RELATED MATTERS: Diane D. Hyatt, Chief Financial Officer -County of Roanoke Jesse Hall, Director of Finance -City of Roanoke • Status of outstanding debt • Update on system selection F. PRESENTATION ON LEGAL DOCUMENTS AND REQUIREMENTS: Bill Hackworth, City Attorney -City of Roanoke Paul Mahoney, County Attorney -County of Roanoke • Articles of incorporation • Structure of the authority • Enabling legislation for water and sewer authorities • Agreement between member localities G. BOARD AND COUNCIL MEMBER COMMENTS AND QUESTIONS H. PUBLIC COMMENTS AND QUESTIONS I. CLOSING REMARKS: Darlene Burcham and Elmer Hodge J. ADJOURNMENT TRANSMIT MESSAGE CONFiRMATiON REPORT ~ i NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/20'03 14:37 TRANSMIT: 98531138 DURATION PAGE SESS RESULT ~ TYPE MEMORY TX ~ MODE ~ E- 14 ~ i i ~ 00'56 ~ i i 03 ~ 382 ~ i i OK ~ i Board ofi Supervisors ~ • • • Clerk's Office Fax Transmittal To: From: Date: No. of Pagesa Susie Freeman Diane S. Childers Clerk to the Board 8/20/2003 3 including cover i , ~ A r a Following is the draft agenda for the joint County of Roanoke/City of Roanoke meeting to be held on Friday, August 22. Please let me know ff there are any changes that you wish to make. County of Roanoke P_ O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone} {540) 772-2193 (Fax) Board of Supervisors ~ • ~ • Clerk's Office Fax Transmittal To: From: Date: No. of Pages: Susie Freeman Diane S. Childers Clerk to the Board 8/20/2003 3 including cover F ~AkO ~~ ~ L x ~ ;~ o a 1g Following is the draft agenda for the joint County of Roanoke/City of Roanoke meeting to be held on Friday, August 22. Please let me know if there are any changes that you wish to make. County of Roanoke P. O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) (540) 772-2193 (Fax) .,~ AGENDA County of Roanoke And City of Roanoke Joint Meeting August 22, 2003 9:30 -11:00 a.m. This is a joint meeting of the City of Roanoke and the County of Roanoke for the purpose of providing an update on the proposed regional water and wastewater authority. The meeting is being held at the Roanoke Valley Resource Authority - Community Meeting Room, 1020 Hollins Road, Roanoke, Virginia. A. CALL TO ORDER AND OPENING REMARKS (9:30): Ralph K. Smith, Mayor -City of Roanoke Joseph P. McNamara, Chairman -Roanoke County Board of Supervisors B. INVOCATION: John M. Chambliss, Jr. Assistant County Administrator -Roanoke County C. COMMENTS ON JOINT EFFORTS: (9:40) Elmer C. Hodge, County Administrator -County of Roanoke Darlene Burcham, City Manager -City of Roanoke D. UPDATE ON AUTHORITY FORMATION: (9:45) Mike McEvoy, Director of Utilities -City of Roanoke Gary Robertson, Director of Utilities -County of Roanoke • Timeline for implementation of authority E. BRIEFING REGARDING DEBT AND FINANCE RELATED MATTERS: (9:55) Diane D. Hyatt, Chief Financial Officer -County of Roanoke Jesse Hall, Director of Finance -City of Roanoke • Status of outstanding debt • Update on system selection F. PRESENTATION ON LEGAL DOCUMENTS AND REQUIREMENTS: (10:05) Bill Hackworth, City Attorney -City of Roanoke Paul Mahoney, County Attorney -County of Roanoke Enabling legislation for water and sewer authorities Articles of incorporation G. BOARD AND COUNCIL MEMBER COMMENTS AND QUESTIONS (10:35) H. PUBLIC COMMENTS AND QUESTIONS I. CLOSING REMARKS: Darlene Burcham and Elmer Hodge J. ADJOURNMENT t r AGENDA County of Roanoke And City of Roanoke Joint Meeting August 22, 2003 9:30 -11:00 a.m. This is a joint meeting of the City of Roanoke and the County of Roanoke for the purpose of providing an update on the proposed regional water and wastewater authority. The meeting is being held at the Roanoke Valley Resource Authority - Community Meeting Room, 1020 Hollins Road, Roanoke, Virginia. A. CALL TO ORDER AND OPENING REMARKS (9:30): Ralph K. Smith, Mayor -City of Roanoke Joseph P. McNamara, Chairman -Roanoke County Board of Supervisors B. INVOCATION: John M. Chambliss, Jr. Assistant County Administrator -Roanoke County C. COMMENTS ON JOINT EFFORTS: (9:40) Elmer C. Hodge, County Administrator -County of Roanoke Darlene Burcham, City Manager -City of Roanoke D. UPDATE ON AUTHORITY FORMATION: (9:45) Mike McEvoy, Director of Utilities -City of Roanoke Gary Robertson, Director of Utilities -County of Roanoke • Timeline for implementation of authority E. BRIEFING REGARDING DEBT AND FINANCE RELATED MATTERS: (9:55) Diane D. Hyatt, Chief Financial Officer -County of Roanoke Jesse Hall, Director of Finance -City of Roanoke • Status of outstanding debt • Update on system selection F. PRESENTATION ON LEGAL DOCUMENTS AND REQUIREMENTS: (10:05) Bill Hackworth, City Attorney -City of Roanoke Paul Mahoney, County Attorney -County of Roanoke • Enabling legislation for water and sewer authorities • Articles of incorporation G. BOARD AND COUNCIL MEMBER COMMENTS AND QUESTIONS (10:35) H. PUBLIC COMMENTS AND QUESTIONS I. CLOSING REMARKS: Darlene Burcham and Elmer Hodge J. ADJOURNMENT a~ .~: .C L .= .~ ~ ~ .~ ~ ~ ~ .O ~ ~ a~ ~ ~ C o~ ~ ~ M ~ O ~ ~ N M.y N ~ r7 ~••+ Chi . ^., ~ C ~ .O ~ ~ ~ ~ ~ ~ v a~ ..~ O o ' ~~ .~ ~~~ ~~ ~t,~, ,fir ,t ~ ~iRG/^'i ,F 9 2 , O M ~ ;' ~1 N JUL J11N lit AY APR MAR FEB JAN DEC NOV OCT SEP AUG JUL JUN y~0 N~~ 3f m N N U a .~ L O a~ ~/1 °~ a~ 4~ C .~ GPI ~~' .....' 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JUN 1~1AY APR MAR FEB JAN nEc NOV OCT SEP AUG JUL JUN +_+-w ~~ ~ ~ V C C D ~ N ~ d v ~ N ~O ~ ~ ~ ~'L ~ ~~ ~' • ~ ~ 1 DRAFT 7/16/03 2 3 ARTICLES OF INCORPORATION 4 OF THE 5 ROANOKE VALLEY WATER AND WASTE WATER AUTHORITY 6 7 The Board of Supervisors of Roanoke County and the Council of the City 8 of Roanoke have by concurrent resolution adopted the following Articles of 9 Incorporation of the Roanoke Valley Water and Waste Water Authority, 10 pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 11 of the 1950 Code of Virginia, as amended) ("Act"). 12 ARTICLE I 13 1. The name of the Authority shall be the Roanoke Valley Water and 14 Waste Water Authority and the address of its principal office is 15 ,Roanoke, Virginia. 16 ARTICLE II 17 2. The names of the incorporating political subdivisions are the 18 County of Roanoke, Virginia and the City of Roanoke, Virginia. The County of 19 Roanoke and the City of Roanoke, as the incorporating political subdivisions, 20 hereby acknowledge, covenant, and agree that these Articles of Incorporation 21 shall not be further amended or changed without the express agreement of each 22 of the governing bodies of each of the incorporating political subdivisions. 23 None of the following actions shall be taken or permitted to occur by the 24 Authority without the affirmative vote of a majority of the members from each 25 incorporating political subdivision of the Authority: 1 -+ w 1 (1) The inclusion of additional members on the Authority; 2 (2) Additional agreement with other political subdivisions, entities, or 3 persons, for the bulk sale of surplus water or the acceptance and treatment 4 of waste water. 5 6 ARTICLE III '7 The Board of the Authority shall consist of six members. The names, 8 addresses, and terms of office of the initial members of the Board of the Roanoke 9 Valley Water and Waste Water Authority ("Authority") are as follows: 10 1• 11 2• 12 3• 13 4• 14 5. 15 6• 16 The terms of office of each of the initial members shall begin on the date of 17 issuance of a certificate of incorporation or charter for the Authority by the State 18 Corporation Commission. The governing body of each participating political 19 subdivision shall appoint the number of members, who may be members of the 20 governing body, set forth opposite its name below: 21 County of Roanoke -three 22 City of Roanoke -three 2 -• ,. 1 Initially, the governing body of the County of Roanoke shall appoint one 2 member for afour-year term, one member for athree-year term, and one 3 member for atwo-year term. Initially, the governing body of the City of 4 Roanoke shall appoint one member for afour-year term, one member for a three- 5 year term, and one member for atwo-year term. 6 After the initial terms, each member shall be appointed for afour-year 7 term or until a successor is appointed and qualified. The governing body of each 8 political subdivision shall be empowered to remove at any time, without cause, 9 any member appointed by it and appoint a successor member to fill the 10 unexpired portion of the removed member's term. 11 Each member may be reimbursed by the Authority for the amount of 12 actual expenses incurred in the performance of Authority duties. 13 The Board shall designate and appoint a tie breaker, whose duty shall be 14 to cast the deciding vote in case of a tie vote upon any question. The tie breaker 15 shall serve for a term of four years. 16 ARTICLE IV 17 The purpose for which the Authority is to be formed are to exercise all the 18 powers granted to the Authority to acquire, finance, construct, operate, manage 19 and maintain a water, waste water, sewage disposal and storm water control 20 system and related facilities pursuant to the Virginia Water and Waste 21 Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended 3 1 ("Act"). The Authority shall have all of the rights, powers, and duties of an 2 authority under the Act. 3 It is not practicable to set forth herein information regarding preliminary 4 estimates of capital costs, proposals for specific projects to be undertaken, or 5 initial rates for the proposed projects. 6 ARTICLE V 7 The Authority shall serve the County of Roanoke, the City of Roanoke, 8 and to the extent permitted by the Act and by the terms of these Articles and the 9 Roanoke Valley Water and Waste Water Authority Member's Use Agreement, 10 such other public or private entities as the Authority may determine upon the 11 terms and conditions established pursuant to such contracts. 12 13 ARTICLE VI 14 The Authority shall cause an annual audit of its books and records to be 15 .made by the State Auditor of Public Accounts or by an independent certified 16 public accountant at the end of each fiscal year and a certified copy thereof to be 17 filed promptly with the governing body of each of the incorporating political 18 subdivisions. 19 20 G:\ATTORNEY\PMM\Utility\Water.Sewer.Authority\AItTICLESOF INCORPORATION.doc 21 4 AUG~25-2003 09 18 CITY CLERK'S OFFICE ~ • C~`I'Y OE ROAN'OKE OFFICE OF THE CTTY MANAGER Noel C. Taylor Municipal Building _ 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24x11-1591 r~hc~: (5ao) s53•z~ _. Faz: (540} 8531138 CityWeb: www.:varwkegov.com August 14, 2003 5408531145 Honorable Ralph K. Smith, Mayor ~ ~ . Honorable C. Nelson Harris, Vice Mayor ~ . Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member • Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: . _ ~ ~ Subject: Status Update -Regional Water and Wastewater Authority City Council and the Roanoke County Board of Supervisors are scheduled to hold a joint meeting August 22, 2003 to receive updated information on progress with formation of a regional water and wastewater authority (Authority). The meeting agenda will include discussion of the timeline necessary to make the Authority operational by July 1, 2004, a review of the proposed Articles of Incorporation, information about debt, assets, and rates, and the work of various employee teams. This memo is intended to provide same background material for the upcoming meeting. Timeline As stated above, staff has been working to meet the target date of July 1, 2004. Over 20 teams, comprised of Hearty 200 City and County employees are working toward this goal. For the July t , 2004 date to be achieved, the Authority will have to be formed prior to that date so that it can adopt a budget, rate schedules, operating procedures, and execute any contracts with the City and County as may be necessary. To achieve this goal, the schedule calls for a joint meeting of City Council and County Board of Supervisors in November 2003, and January and June 2004. _ ~~ P.01i25 e o ~ _ ~ T [^~ VJ ?~ I `^7v nr ~~ A x Q. 3 ~ o ~ ~ Q l AUG~25-2003 09 19 CITY CLERK'S OFFICE 5408531145 P.02i25 The Honorable Mayor and Members of Council Status Update -Regional Water and Wastewater Authority August 1~, 2003 Page 2 of 3 The legal actions to form the Authority include adoption of resolutions by the City and County authorizing its creation and the filing of Articles of incorporation with the State Corporation Commission {SCC). The SCC is permitted 60 days to review these Articles, along with certain rate information, and if found acceptable, issues an opinion that completes the formation process. Because of the review time allotted to the SCC, the required filings must take place no later than February 1, 2404. This means that the Articles and authorizing resolutions need to be adopted no later that January, 2004. A draft se# of Articles will be provided at the August 22 meeting. It is hoped that the Articles can be finalized at the November joint meeting to allow for early filing. Certain decisions by Council and the Board must precede the filing as discussed below. the consulting team of Black and Veatch, Inc., and Draper Aden, Inc., has begun work on a rate and asset study, also discussed below. It is expected that a preliminary report will be available for discussion at the joint November meeting. A final report is expected by early January in time for the joint meeting of that month. This timeline wi[I allow the new Authority board to have meetings in April, May and June of 200 to complete the previously stated actions. The joint meeting in June is expected to be a celebration of the new Authority, A number of other events are included in the timeline that have not been discussed in this document such as public meetings and employee team reports. These will also be reviewed during your meeting next week. . Articles ofi Incorooration The Articles establish the operating responsibilities of the Authority and include such information as its name and business address. Among other items, the enabling legislation requires that the size of the Authority's governing board be established and its initial members named. The legislation requires a minimum of 5 beard members. One of the three guiding principles of the City and County in establishing the authority is equal representation. Staff has anticipated a minimum of 6 board members, 3 selected by each locality. City Council and the Board will need to agree on the actual number. The process for selection and whether these board members will be citizens, elected leaders, Council- appointed officers, or a combination of these categories will also need to be decided by each governing body. If an even number of board members is decided upon, City Council will also need to decide on a tie breaker procedure. Along those lines, the current draft Articles require that certain decisions, such as expansion of the Authority to include another member locality and significant dollar expenditures, must be made by a special majority of 4 votes comprised of at least 2 board members from each locality. AUG~25-2003 09 19 CITY CLERK'S OFFICE The Honorable Mayor and Members of Council Status Update -Regional Water and Wastewater Authority August 14, 2003 Page 3 of 3 Rate Studv/Asset Valuation/Debt 5408531145 P.03i25 The August joint meeting will include a discussion of rate and asset study currently under way. The asset study will examine the assets and liabilities being furnished by each locality, including debt structures, and address how to deal with any inequity. City utility debt is currently in the form of general obligation bonds, while County utility debt is primarily through revenue bonds. Different covenants govern the repayment of these notes so staff has been researching various options to transfer the obligations to the Authority. The rate study will establish a schedule of rates for water and wastewater service. This schedule will seek to equalize rates aver some time period_ The net effect is that County customers will see a rate decrease while City customers will realize a rate increase for these services. The period of equalization will have to be resolved. Staff has discussed a range of 3 to 8 years. Also discussed has been a concept that rate increases for City customers should be tied to additional water interconnections that make more water available to City customers. Asset imbalances should also be addressed through the rate schedule. I hope that this information will serve as useful background for the meeting next week. If you have questions or concerns, please contack Mike McEvoy or ~,rr' myself, Respectfully ubmitted, parlene L. Burcham City Manager DLB/lbv c: Jesse A. Hall, Director of Finance ' V1lilliam M. Hackworth, City Attorney Mary F. Parker, City Clerk George C. Snead, Jr., Assistant City Manager for Operations Rolanda Russell, Assistant City Manager for Community Development Michael McEvoy, Director of Utilities AUG-25-2003 09 21 CITY CLERK'S OFFICE l ~>~ ~~? r,,,:. ~ J 5'.408531145 P .07125 VIRGINIA WATF,R AND 'WASTE AUTHOlt)(T1ES ACT § 152-5100. Title; of chapter_ This chapter shall be hzxown and may be cited as the "Virginia Water and Waste Authorities Act." This chapter shall constitute full and complete authority, without regard to the provisions of any other law for the doing of the acts herein authorized, and shall be liberally constnied to effect the purposes of the chapter. § 15.2-5101. Definitions. As used in this chaptcT, unless the context requires a different meaning;: "Authority" means Fui authority created under the provisions of § 152-5 I,(?2 or 1lrticle G (§ 152-~ 1,52 ct seq.) of this chapter or, if any such authority has been abolished, the entity succeeding to the principal functions thereof. "Bonds" and "revenue bonds" include notes, bands, bond anticipation notes, and other obligations of an authority for the payment of money. "Cost," as applied to a stormwater control system or a water or waste system, includes the purchase price of the system or the cost of acquiring; all of the capital stock of the corporation owning such system and the amount to be paid to discharge all of its obligations in order to vest title to the system or any part thereof in the authority; the cost of improvements; the cost of alt land, properties, rights, easements, franchises and permits acquired; the cost of all labor, machinery and equipment; financing and credit enhancement charges; interest prior to and during construction and for one year after completion of construction; any deposit to any bond interest and principal reserve account, start-up costs and start-up operating capital; cost of engineering and legal services, plans, specifications, surveys, estimates of costs and revenues; other expenses necessazy or incident to the determining of the feasibility or practicability of any such acquisition, improvement, or constn~ction; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this chapter and to the acquisition, improvement, or constniction of any such system and the placing of the system in operation by the authority. Any obligation or expc`nse incurred by an authority in conneetiott with any of the foregoing items of cost and any obligation or expense incurred by the authority prior to the issuance of revenue bonds under the provisions of this chapter for engineering studies, for estimates of cost and revenues, and for other technical or professional services which may be utilized in the acquisition, improvement or construction of such system is a part of the cost of such system. "Cost of improvements" means the cost of constructing improvements and includes the cost of all labor and material; the cost of all land, property, rights, easements, franchises, and permits acquired which are deemed necessary for such construction; interest during any period of disuse during such construction; the cast of all machinery and equipment; financing charges; cost of engineering and legal expenses, plans, specifications; and such other expenses as maybe necessary or incident to such construction. "Federal agency" means the Ylnited States of America or any department, agency, instrumentality, or bureau thereof. "Izttprovcmcnts" means such repairs, replacements, additions, stonnwater control system or a water or waste system as an maintain the system in proper condition for the safe, efficient provide service in areas not currently receiving such service. extensions and betterments of and to a authority deems necessary to place or and economical operation thereof or to WATERAUTHORITY.DOC AUG-25-2003 09 21 CITY CLERK'S OFFICE 5408531145 P.08i25 "Owner" includes persons, fc;deral agencies, and units of the Commonwealth having any title or interest in II~ any stormwater control system or a water or waste system, or the services or facilities to be rendered - thereby. "Political subdivision" means a locality yr any institution or commission of the Commonwealth of Virginia. "Refuse" means solid waste, including sludge and other discarded material, such as solid, liquid, semi- solid or contained gaseous material resulting from industrial, commercial, mining, and agriculture] operations or from community activities or residences. "Refuse" does not include (i) solid and dissolved materials in domestic sewage, {ii) solid or dissolved material in imgation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, ar (iii) source, special nuclear, or by-product materia! as defined by the f ederal Atomic l~nergy ,A,ct of 1954 (42 U.S.C. 20011, et seq.), as amended. "Refuse collection and disposal system" means a system, plant or facility designed to collect, manage, dispose of, or recover and use energy from refuse and the land, structures, vehicles and equipment for use in connection therewith. "Sewage" means the water-carried wastes created in and tamed, or to be tamed, away from residences, hotels, schools, hospitals, industrial establishments, commercial establishments or any other private or public buildings, together with such surface or ground water and household and industrial wastes as may be present. ~.. "Sewage disposal system" means any system, plant, disposal field, lagoon, pumping station, constructed ~, drainage ditch yr surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works, installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste or other wastes. "Sewer system" or "sewage system" means pipelines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, used for conducting sewage, industrial wastes or other wastes to a plant of ultimate disposal. "Stormwatcr control system" means a stnietttral system pf any type that is designed to manage the runoff from land development projects or natural systems designated for such purposes, including, without limitation, retention basins, ponds, wetlands, scw~`rs, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal properly used for support of the system- "Unit" means any deparlmesnt, institution or comnssion of the Conunonwealth; any public corporate instrumentality thereof; any district; or ar~y locality. "Water or waste system" means any water system, sewer system, sewage disposal system, or refuse collection and disposal system, or any combination of such systems. "Water system" means all plants, systems, facilities or properties used or useful or havinb the present capacity for future use in connection with the supply or distribution of water, or facilities incident thereto, and any integral part lhereof, including water supply systems, water distribution systems, dams and facilities for the generation or transnussion of hydroelectric power, reservoirs, wells, intakes, mains, iateraIs, pumping stations, standpipes, filtration plants, purification plants, hydrants, metc~rs, valves and equipment, appurtenances, and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof but not including dams or facilities for the generation or transmission of hydroelectric power that are not incident to plants, systems, facilities or properties used or useful or having the prescrnt capacity for future use in connection with the supply or distribution of water. •VVATER.AUTHORITY.DOC 2 AUG-25-2003 09 21 CITY CLERK'S OFFICE 5408531145 P.09i25 (Code 1950, § 15-764.2; 1950, p. 1312; 1952, c. 430; 1962, c. 623, § 15.1-1240; 1970, c. 617; 1979, c. ~~ 2$0; 19$2, c. 469; 1997, cc. 527, 573, 587.) § 1.5.2-5102.Onc or more localities may create authority. A. The governing body of a locality may by ordinance or resolution, or the governing bodies of two or more localities may by concurrent ordinances o~esolutions or b~eement,_ create a water authority, a sewer authority, a sewage disposal authority, a stormwater control authority, a refuse collection and disposal authority, or any combination or parts thereof_ The name of the authority shall contain the word "authority." The authority shall be a public body politic and corporate. The ordinance, resolution or agreement creating the authority shall not be adopted or approved until a public hearing has been held on the question of its adoption or approval, and after approval at a referendum if one has been ordered pursuant to this chapter. $. Any authority, or any subsidiary thereof, organized pursuant to this section to operate a refuse collection and disposal system that, pursuant to statute, is specifically authorized to include in the system (i) facilities for processing solid waste as a fuel and (ii) facilities for generating steam and electricity for sale, shall not be subject to regulation under the Utiliries Facilities Act (§ Sb-?65.1 et seq.), provided that sales of electricity generated at such facilities are made only to a federal agency whose primary responsibility is national defense and the energy is delivered directly from the generator to the customer's facilities or to a public utility. (Code 1950, § 15-764.3; 1950, p. 1315; 1462, c. 623, § 15.1-1241; 1472, c. 370; 1973, c. 478;. 1993, c. l 850; 1995, c. 402; 1996, c. 897; 1997, cc. 527, 573, 587; 1999, cc. 896, 925.) ~~~ § 15.2-SI03. Ordinance, agreement or resohrtion creating authority to inchide articles of incorporation. A. The ordinance, agreement or resolution creating an authority shall include articles of incorporation which shall set forth: 1. The name of the authority and address of its principal office. 2. The name of each participating locality and the names, addresses and terms of office of the fast members of the board of the authority. 3_ The purposes for which the authority is being created and, to the extent that the governing body of the locality determines to be practicable, preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the authority, and preliminary estimates of initial rates for services of such projects as certifted by responsible engineers. 4. If there is more than ane participating locality, the number of board members who shall exercise the powers of the authority and the number from each participating locality. B_ Any such ordinance, agreement or resolution that does not set forth the information required in subdivision 3 of subscctivn A regarding capital cost estimates, project proposals and project service rate estimates shall set forth a finding by the governing body that inclusion of such infgrntation is '1 impracticable. J~ C. Any ordinance, agreement or resolution adopted pursuant to §§ 15.2-5152 through 1a.2-5157 shall provide that any bonds issued by the community development authority shall be a debt of the authority, not the local government. Unless otherwise provided in the ordinance which establishes the authority, the W ATERAUTIiORITY.DOC 3 AUG-25-2003 09 22 CITY CLERK'S OFFICE 5408531145 P.10i25 ~-"~ local government shall not refire any part of the bonds or pay any debt service of an authority out of revenues or funds derived from sources other than those set out in § 15.2-5158, except that, where the - ~ authority finances improvements not contemplated by the original ordinance, the local government may, by ordinance ar resolution, make such provisions for repayment as are otherwise permitted under general law_ This subsection shall have no effect upon authorities formed pursuant to § 15.2-5102. {bode 1950, § 15-7b4.4; 1950, p. 1315; 19b2, c. 623, § 15.1-1242; 1972, cc. 370, 544; 1984, c. 239; 1997, cc. 363, 587.) § 15.2-5104. Advertisement oFordinance, agreement or resolution and notice of hearing. The govcming body of each participating locality shall cause to be advertised at least one time in a newspaper of general circulation in such locality a copy of the ordinance, agreement or resolution creating an authority, or a descriptive summary of the ordinance, agreement or resolution and a reference to the place within the locality where a copy of the ordinance, agreement or resolution can be obtained, and notice of the day, not less than thirty days after publication of the advertisement, on which a public hearing will be held on the ordinance, agreement or resolution. {Code 1450, § IS-764.5; 1950, p. 1315; I962, c. 623, § 15.1-1243; 1972, c. 370; 1983, c. 80; 1997, c. 587-) § 15.2-5105. Hearing; referendum. ~:, If at the hearing, in the judbnncnt of the governing body of the participating locality, substantial opposition is heard, the governing body may at its discretion petition the circuit court io order a ~,~~~ referendum on the question of adopting or approving the ordinance, agcement or resolution. The provisions of § 24.2-(i84 shall govern the order for a referendum. When two or more localities are participating in the; formation of such authority, the referendum, if ordered, shall be held on the same date in all participating localities. If ten percent of the qualified voters in a locality file a petition with the governing body at the hearing calling far a referendum, such governing body shall petition the circuit court to order a referendum in that locality as provided irt. this section. {Code 1950, § 15-764.6; 1950, p. 1315; 1962, c. 623, § i 5.l -1244; 1970, c. 617; 1972, c. 370; 1973, c. 478; 1975, c- 517; 1997, c. 587.) i5.2-5106. Voters' petition requesting agreement and referendum. The qualified voters of any locality whose governing body has not acted to create an authority under § 15.2-5102 may file with the governing body of such locality a petition asking the governing body to effect an agreement in accordance with § 1 S.2-S I02 with the localities named in the petition. Such petition shall be signed by at least ten percent of the number of the locality's voters who voted in the last presidential election and in no case be signed by !'ewer than fifty voters. The petition shall ask the govcming body to petition the circuit court for a referendum on the question of the creation of the authority. if the govcming body is unable, or for any reason fails, to perfect such agreement within three months of \\ the day the petition was filed with such governing body, then the circuit court for the locality shall appoint a committee of five representative citizens of the locality to act for and in lieu of the govcming '~~--' body in perfecting the agreement and in petitioning for a referendum. The agreement shall not take effect unless approved in the referendum by a majority of the voters voting in the referendum. X WATERAUTHORITY.DOC 4 AUG-25-2003 09 22 CITY CLERK'S OFFICE 5408531145 P.11i25 -~~ (1972, c. 370, § 15.1-1.244.1; 1975, c. 517; 1997, c. 587.) ~- § l 5-2-5107. F~lmg articles of incorporation. After adoption or approval of an ordinance, resolution or agreement creating an authority, the governing bodies of the participating Iocalities shall file with the State Corporation Comnrission the authority's articles of incorporation. (Code 1950, § IS-764.7; 1950, p. 1316; 1962, c. 623, § 15.1-1245; 1973, c. 478; 1997, c. 587.) § 15.2-5108. Issuance of certificate or charter. The State Corporation Commission shall issue a certificate of incorporation or charter to the authority if it finds that: 1. The articles of incorporation conform to law; and 2. 1'he estimated costs and rates for services of the proposed projects are fair and equitable, and have been advertised under § 15.?-5104. Upon the issuance of the certificate or charter such authority sha1I be conclusively deemed to have been law.fuIly and properly created and established and authorized to exercise its powers under this chapter. {Code 1950, § 15-764.8; 1950, p. 1316; 1962, c. 623, § 15.1-1246; 1973, c. 478; 1983, c. 80; 1984, c. ~~ 239; 1997, c. 587.) § 15.2-5109. Dissolution of authority. ~ Whenever the board of an authority deternunes that the purposes for which it was created have been completed or are impractical or impossible or that its functions have been taken over by one or more political subdivisions and that all its obligations have been paid or have been assumed by one or snore of such political subdivisions or any authority created thereby or that cash or United States govenunent securities Dave been deposited for their payment, it shall adopt and file with the governing body of each political subdivision which is a member of the aulhority a resolution declaring such facts. If all the governing bodies adopl• resolutions concurring in such declaration and finding that the authority should be dissolved, they shall file appropriate articles of dissolution with the State Corporation Commission. If any of the governing bodies refuse to adopt resolutions cancun-ing in such declaration, then the authority may petition the circuit court for any locality which is a member of the authority to order one or more of such governing bodies to create a new authority. The circuit court may order the governing body of the political subdivision requesting dissolution of the existing authority to advpt an ordinance establishing a new authority to which the provisions of §§ 15.2-5102 through 15.2-5106 shall not apply. Thereafter, the court may order that the assets be divided among the authorities and, subject to the approval of any debt holder, require the assumption of a proportionate share of the obligations of the existing authority by the new authority. ' Notwithstattdittg the provisions of subdivision 1 of § 15.2-51 !4, an authority shall continue in existence and shall not be dissolved because the term for which it was created, includinb any extensions thereof, has `- expired, unless all of such authority's functions have been taken over and its obligations have been pdicl ur have been assumed by one or more polilica] subdivisions or by an authority created thereby, or cash or United States government securities have been deposited for their payment. WATER.AUTHORI:;TY.Ja OC AUG-25-2003 09 23 CITY CLERK'S OFFICE 5408531145 P.12i25 '"~~~~ (1970, c- 617, § ] 5.1-1269.1; 1982, c. 662; 1997, c. 587.) y'' - § 15.2-51 i0. Amendment of articles of incorporation. Thy articles of incorporation of any authority created under the provisions of this chapter may be amended with respect to the name or powers of such authority or in any other manner not inconsistent with this chapter by following the procedure prescribed by law for the creation of an authority. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 19G0, c- 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c. 280; I980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) § i5-2-5111. Specification of projects. If they have specified the initial purpose or purposes of the authority and insofar as practicable, any project or projects to be undertaken by the authority, the governing bodies of any of the localities organizing an authority may, at any time by ordinance or resolution, after a public hearing, and with or without a referendum, specify further projects to be undertaken by the authority. No other projects shall be undertaken by the authority than those so specifcd. If the governing bodies of the localitieses organizing the authority fail to specify any project or projects to be undertaken, then the authority shall be deemed to have all the powers granted by tlhis chapter. (Cede 1950, § 15-764.9; 1950, p. 131G; 19G2, c. G23, § 15.1-1247; 1984, c. 239; 1997, c. 587.) ~'``'. ~ § I5.2-S 112. Joinder of another locality or autiority; withdrawal from authority. ~,-r' A. Any locality may become a member of any existing authority, and any locality which is a member of an existing authority may withdraw therefrom upon unanimous consent of the remaining membv~rs of the authority in accordance with this section. However, no locality may withdraw from any authority that has outstanding bonds without the unanimous consent of alI the holders of such bonds unless all such bonds have been paid or cashed or United States government obligations have been deposited for their payment. B_ The governing body o.f any locality wishing to withdraw from an existing authority shall sigynify its desire by resolution or ordinance. C. The governing body of any locality wishing to become a member of an existing authority and the governing bodies of the political subdivisions then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of such locality. 'Ihe resolutions, ordinances or agreement creating the expanded authority shall specify the number and terms of office of members of the board of the expanded authority which are to be appoinl'ed by each of the participating political subdivisions, and the names, addresses and terms of office of initial appointments to board membership. Upon the date of issuance of the certificate by the State Corporation Commission as provided in this section, the terms of office of the board members of the existing authority shall terminate and the appointments made in the resolutions, ordinances or agreement creating the expanded authority shhall become effective, ~..'} D. If the authority by resolution expresses its consent to withdrawal or joinder of a locality, the governing J body of such locality and the governing bodies of the political subdivisions then members oi'the authority ~-- shall advertise the ordinance, resolution or agreement and hold a public hearing in accordance with § 15.2-5104. WATER.AUTHORITY.DQC 6 AUG-25-2003 09 23 CITY CLERK'S OFFICE 5408531145 P.13i25 Upon adoption or approval of the ordinance, resolution or agreement, the governing body seeking to .~-~ withdraw or join the authority shall file either an application to withdraw from or an application to become a member of the authority, whichever applies, with the State Corporation Commission. A joinder application shall set forth all of the information requiri;d in the case of original incorporation and shall be accompanied by certified topics of the resolutions, ordinances or agreement described in subsection B. Joinder and withdrawal applications shall be executed by the proper officers of the withdrawing or incoming locality under its official seal, and shall be joined in by the proper officers of the governinb board of the authority, and in the case of a locality seeking to become a member of the authority also by the proper officers of each of the political subdivisions that are then members of the authority, pursuant to resolutions by the governing bodies of such political subdivisions. E. If the State Corporation Commission finds that the application conforms to law it shall approve the application. When all proper fees and charges have been paid, it shall file the approved application and issue to the applicant a certificate of withdrawal or a certificate of joinder, whichever applies, attached to a Dopy of the approved application. The withdrawal or joinder shall become effective upon the issuing of such certificate. F. Any authority may join an existing authority if the joinder is approved by concurrent ordinances or resolutions of the localities which created the joininb authority, notwithstanding any contrary provisions of § 15.2-SI.SF?. However, if the localities, at the lime of the creation of ar, authority, state that the authority is created with the intention of joining an existing authority, such concurrent ordinances or resolutions shall not be necessary. The provisions of this section pertaining to a locality laeeoming a rz~ember or withdrawing from an authority shall also apply, mutatis inutandis, to an authority becoming a member or withdrawing. F .1 {Code 1950, § 15-764.10; 1950, p. 1316; 1960, c. 313; 1962, c. 623, § 15.1-1248; 1968, c. 355; 1973, c. ~~_~% 478; 1993, cc. 670, 690; 1995 cc_ 414, 415, 634; 1997, c_ 587.) § 15.2-5113_ Members of authority board; chief administrative or executive officer. A. The powers of each authority created by the governing body of a single locality shall be exercised by an authority board of five members, or at the option of the board of supervisors of a county, a number of board members equal to the number of members of the board of supervisors. The powers of each authority created by the governing bodies of two or more localities shall bc: exercised by the number of authority board members specified in its articles of incorporation, which shall be not less than one member from each participating locality and not less than a total of five members. The board members of an authority shall be selected in the mannCr and for the terms provided by the agreement or ordinance or resolution or concurrent ordinances or resolutions creating the authority_ One or more members of the governing body of a locality may be appointed board members of the authority, the provisions of ar~y other law to the contrary notwithstanding. No board member shall be appointed for a term of more than four years. When one or more additional political subdivisions join an existing authority, each of such joining political subdivisions shall have at Icast one member on the board. Board members shall hold office until their Successors have been appointed and may succeed themselves- T1ie board members of the authority shall elect one of their number chairman, and shall elect a secretary and treasurer who need not be members. The offices of secretary and treasurer maybe combined. . B. A majority of board members shall constitute a quorum and the vote of a majority of board members shall be necessary for any action taken by the authority. An authority may, by bylaw, provide a method to •~~ resolve tie votes or deadlocked issues. ~: C. No vacancy in the board membership of the authority shall impair the right of a quorum to exercise all the rights and perforni all the duties of the authority. II' a vacancy occurs by reason of the death, p .~ fry 1 ~,, ,~~'y~ WA,TERAUTHORITY.DOC 7 AUG-25-2003 09 23 CITY CLERK'S OFFICE 5408531145 P.14i25 disqualificalion or resignation of a hoard member, the governing body of the political subdivision which appointed the authority board member shall appoint a successor to fill the unexpired term. Whenever a `~ - political subdivision withdraws its membership from an authority, the term of any board member appointed to the board of the authority from such political subdivision shall immediately terminate. $oard members shall receive such compensation as fixed by resolution of the governinb body or bodies which are members of the authority, and shall be reimbursed for any actual expenses necessarily i.neurred in the perforniance of their duties. D. Alternate board members may also be selected. Such alternates shall be selected in the same manner and shall have the same qualifications as the board members except that art alternate for an elected board member need not be an elected official_ The term of each alternate shall be the same as the term of the board member for whom each serves as an alternate; however, the alternate's term shall riot expire because of the board member's death, disqualification, resi~mation, or termination of employment with the member's political subdivision. If a board member is not present at a muting of the: authority, the alternate for that board member shall have alI the voting and other rights of a board member and shall be Counted for purposes of determining a quorum. L. The board members may appoint a chief adnunistrative or executive officer who shall serve at the pleasure of the board members. He shall execute and enforce the orders and resolutions adopted by the board members and perform such duties as maybe delegated to him by the board members. (Code 1950, § 15-764.11; 1950, p. 1317; 1962, c. 623, § 15.1-1249; 1968, c. 355; 1972, c_ 544; 1973, cc_ 135, 521; 1974, c. 276; 1979, cc. 273, 2$0; 1980, c. 67; 1995, c_ 285; 1997, c. 58'7.) ~~ § 15.2-511.4. Powers of authority. _ .~ Each authority is an instrume;niality exercising public and essential governmental functions to provide for the public health and welfare, and each authority may: 1. Exist for a term of fifty years as a corporation, and for such further period or periods as may from dine to time be provided by appropriate resolutions of the political subdivisions which are members of the authority; however, the term of an authority shall not be extended beyond a date fifty years from the date of the adoption of such resolutions; 2. Adopt, amend or repeal bylaws, rule$ and regulations, not inconsistent with this chapter or the Seneral laws of the Commonwealth, for the regulation of its affairs and the conduct of its business and to carry into effect its powers and purposes; 3. Adopt an official seal and alter the same at pleasure; 4. Maintain an office at such place or places as it may designate; 5. Sue and be sued; 6. Acquire, purchase, Lease as lessee, construct, reconstruct, improve, extend, operate and maintain any stormwater control system or water or waste system or any combination of such systems within, outside, or partly within and partly outside one or more of the localities which created the authority, or which after February 27, 1962, joined such authority; acquire by gift, purchase or the exercise of the right of eminent domain lands or rights in land or water rights izi connection therewith, within, outside, or partly within and partly outside one or mare of the localities which created the authority, or which after February 27, 1962, joined such authority; and sell, lease as lessor, transfer or dispose of ail or any part of any property, y WATERAU'I'HQI2ITY.DOC 8 AUG-25-2003 09 24 CITY CLERK'S OFFICE 5408531145 P. 15/25 i,tr.M~ ~r.a! ~~ or f~/ ~~ real, personal or mixed, or interest therein, acquired by it; however, in t xercise of the right of eminent . ) domain the provisions of § 25-233 shall apply. ~rt addition, the Guth in arty county or city to which §§ ~ 15.2-„2146 and 15?~190G are applicable shall/have the same er of eminent domain and shall follow the same procedure provided in § § 15.2-214G ~ and 15.2.1 X06. o property or any interest or estate owned by any political subdivision shall be acquired by an authority by the exercise of the power of eminent i domain without the consent of the governing body of such political subdivision. Except as otherwise provided in this section, each authority is hereby vested with the same authority to exercise the power of eminent domain as is vested in the Con~unonwealth Transportation Commissioner; 7. Issue revenue bonds of the authority, such bonds to be payable solely from revenues to pay all or a part ~ of the cost of a stormwater control system or water or waste system; 8. Combine any stormwater control system or water or waste system as a single system for the purpose of operation and financing; 9. Sorrow at such rates of interest as authot7~ed by the general law for' authorities and as the authority may determine and issue its notes, bonds or other obligations therefor. 11ny political subdivision which is a member of an authority may lend, advance or give money to such authority; I0. Fix, charge and collect rates, fees and charges for the use of or for the services furnished by or for the ,/ benefit from any system operated by the authority. Such rates, fees, rents and charges shall be charged to and collected from any person contracting for the s~-rvices or the lessee or tenant who uses or occupies any real estate which is served by or benefits from any such system. Water and sewer connection fees err"+~ established by any authority shall be fair and reasonable. Such fees shall be reviewed by the authority periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. ~;l Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions; 11. Enter into contracts with the federal govemment, the Comrrtonwealth, the District of Columbia or any adjoining state or any agency or instrumentality thereof, any unit or any person. Such contracts may provide for or relate to the furnishing of services and facilities of any stormwater control system or water or waste system of the authority or in connection with the services and facilities rendered by any like system owned or controlled by the federal govemment, the Commonwealth, the District of Columbia or any adjoining state or any agency or instnunentality thereof, any unit or any person, and may include contracts providing for or relating to the; right of an authority, created for such purpose, to receive and use and dispose of all or any portion of the refuse gc~rterated or collected by or within the jurisdiction or under the control of any one or more of theta. In the implemcntatian of any such contract, an authority may exercise the powers set forth in §§ 152-927 and 15.2-9?8_ The power granted authorities under this chapter to enter into contracts with private entities includes the authority to enter into public-private partnerships for the establishment and operation of water and sewage systems, including the authority to contract for, and contract to provide, meter reading, billing and collections, leak detection, meter r replacement and any related customer service functions; l2. Contract with the federal government, the Commonwealth, the District of Columbia, any adjoining stale, any person, any locality or any public authority or unit thereof, on such terms as #Ire authority deems proper, for the construction, operation or use of any project which is located partly or wholly outside the Commonwealth; `~~~ 13. Enter u on use, occu y, and dig up any street, road, highway or private or public lands in connection ~,~,~ P ~ P with the acquisition, construction or improvement, maintenance or operation of a stormwater control system or water or waste system, or streetlight system in a county having a population between 13,240 WATERAUTHQRITY.DOC 9 AUG-25-2003 09 24 CITY CLERK'S OFFICE 5408531145 P.16i25 and 14,000 according to the 1990 United States Census, subject, however, to such reasonable local pollee . ~ regulation as maybe established by the governing body of any unit having jurisdiction; 14. Contract wide any person, political subdivision, federal agency, or any public authority or unit, on such terms as the authority deems proper, for the purpose of acting as a billing and collecting agent for sewer service or sewage disposal service fees, rents or charges imposed by any such body. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; ] 960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, cc. 12, 527, 573, 587; 2001, c. 120; 2002, c. 446.) § 15.2.5115. Same; contracts relating to use of systems, An authority may make and enter into ali contracts or agreements, as the authority may determine, which are necessary or incidental to the performance of its duties and to the execution of the powers granted by tltis chapter, including contracts with any federal agency, the Commonwealth, the District of Columbia or any adjoining state or any unit thereof, on such terms and conditions as the authority may approve, relating to (i) the use of any stormwater control system, water or waste System, or streetlight system in a county having a population between 13,200 and 14,000 according to the 1990 United States Census acquired or constructed by the authority under this chapter, ar the services therefiom or the facilities thereof, or (ii} the use by the authority of the services or facilities of any stormwater control system, water or waste system, or streetlight system in a county having a population between 13,200 and 1x,000 according to the 1990 United States Census owned or operated by an owner other than the authority. ~ 1'he contract shall be subject to such provisions, limitations or conditions as may be Contained in the .~,,~%' resolution of the authority authorizing revenue bonds of the authority yr the provisions of any trust agreement securing such bonds. Such contract may provide for the collectinb of fees, rates or charges for the services and facilities rendered to a writ or to the inhabitants thereof, by such unit or by its agents or by the agents of the authority, and for the enforcement of delinquent charges for such services and facilities. The provisions of the contract and of any ordnance ar resolution of the governing body of a unit enacted pursuant thereto shall not be repealed so long as any of the revenue bonds issued under the authority of this chapter are outstanding and unpaid. The provisions of the contract, and of any ordinance or resolution enacted pursuant thereto, shall be for the bcneht of the bondholders. The aggregate of any fees, rates or charges which arc required to be collected pursuant to any such contract, ordinance or resolution shall be sufficient to pay all obligations which may be assumed by the other contracting party. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 19$1, c. 610; 19$3, c. 422; 1984, c. 554; 1994, c. 477; 1997, cc. 527, 573, 587_) § 15.2-5116. Same; effect of anmexation. In the event of any annexation by a municipality not a member of the authority of lands, areas, or territory served by the authority, an authority may continue to do business and exercise its jurisdiction over its properties and facilities in and upon or over such lands, areas or territory as long as any bonds or indebtedness remain outstanding or unpaid, or any contracts or other obligations remain in fot'ce_ ` (Code 1950, § 15-764.12; I950, p. 1318; 1954, e. 554; 195$, cc. 400, 402; 1960, e. 430; 1962, cc. 130, :~~ 623, § 15.1-1250; 1968, cc_ 355, 556; 1970, cc. 444, G17; 1972, c. 1G1; 1979, c. 280; 1980, c. 159; 1981, c. 6I0; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) WATERAUTHORfTX.DOC 10 AUG-25-2003 09 25 CITY CLERK'S OFFICE 5408531145 P.17i25 § 1.5.2-5117. Same; insurance for employees. ~V An authority may establish retirement, group life insurance, and group accident and sickness insurance l plans or systems for its employees in die same manner as localities are permitted under §§ 51.I-801 and 51.1-8U2. {Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, c. 430; 1962, ec. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c- 280; 1980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c_ 554; 1994, c_ 477; 1997, c. 587.) § 15.2-5118. Not set out. § 15.2-5119. Power to provide and operate electric energy systems_ Notwithstanding any Contrary provision of law in this chapter, an authority operatiob a water supply impoundment facility may, ul connection with such facility, generate, produce, transmit, deliver, exchange, purchase ar sell electric power and enerb*y at wholesale and enter into contracts for such purposes. (1.982, c. 469, § 15.1-1250.2; 1997, c_ 587.) § 15.2-5120. Not set out. 7" § l 5.2-51Z 1. Operation of refuse collection systems; displacement of private companies. ~``~ A. No authority shall operate or contract for the operation of a refuse collection and disposal system for any political subdivision, or collect service charges therefor, unless the authorily, and subsequently the locality's governing body find: (i) that privately owned and operated refuse collection and disposal services are not available on a voluntary basis by contract or otherwise, (ii) that the use of such privately owned services has substantially endangered the public health or has resulted in substantial public nuisance, {iii) that the privately owned refuse collection and disposal service is not able to perform the service in a reasonable and cost-efficient manner, or (iv) that operation by such authority or the contract for such operation, in spite of any potential anti-competitive effect, is important in order to provide for the development and/or operation of a regional system of refuse collection and disposal for two or more units. B. Notwithstanding the provisions of subsection A, an authority formed under this chapter shall not operate or contract for the operation of a refuse collection and disposal system which displaces a private company engaged in the provision of refuse collection and disposal unless it provides the company with five years' notice of its decision to operate such a system. As an alternative to delaying displacement 'five years, the governing body or authority may pay a displaced company an amount equal to the company`s preceding twelve months' gross receipts for the displaced service in the displacement area. Such five-year period shall lapse as to any private company being displaced when such company ceases to provide service within the displacement area. C_ For purposes of this section, "displace" or "displacement" means an authority's provision of a system which prohibits a private company from providing the same service and which it is providinb at the time the decision that will result in the displacement is made_ Displace or displacement does not mean: (i) competition between the public sector and private companies for individual contracts; (ii) situations in `~-~= which an authority, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company or, following a competitive process conducted in accordance with the Virginia Public Procurement Act, decides for any reason to provide such service WATERpUTHORITY.DOC 11 AUG-25-2003 09 25 CITY CLERK'S OFFICE 5408531145 P.18i25 itself; (iii) situations in which action is taken against a private company because the company has acted iri T~ a manner threatening to the public health and safety or resulting in a substantial public nuisance; (iv) ' situations m which action is taken against a private company because the company has materially breached its contract with the political subdivision; (v) entering into a eonlxaet with a private company to provide refuse collection and disposal so long as such contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing refuse collection and disposal; or (vi) situations in which a private company refuses to continue operations under the terms and conditions of its existing agreement during t1~e five-year notice period. D. An authority shall not make the findings required by subsection A or proceed to seek to operate a refuse collection and disposal system for any political subdivision that would displace a private company pursuant to subsection B until it has provided (i) public notice; (ii) a public hearing; and (iii) no less than forty-five days prior to the public hearing, written notice mailed first class to all private companies providing a refuse collection and disposal system in the political subdivision that can be identified through the political subdivision's records. E. The requirements and restrictions of this section shall not apply i.n any political subdivision wherein refuse collection and disposal services are being operated or contracted for by any sanitary district located therein, as of July 1, 1983. F. Notwithstanding the provisions of this section, a political subdivision need not comply with the requirements of fl~is section if: 1. The authority proposes to contract with the private sector for services or systems involving discarded or ~~` waste materials removed from the nonhazardous solid waste stream for recycling; or 1 2. The authority proposes to contract with the private sector for services or systems involving collection and disposal of nonhazardous solid waste and {i) the collected waste will be disposed of in a state- permitted waste management facility; {ii) the authority has a contract for services which shall be paid for through a supporting financial a~~reement approved by the participating locality's governing body; and (iii) such action will not displace a private company engaged in refuse collection and disposal. For purposes of this section, "recycling" means the process of separating a particular nonhazardous waste material from the waste stream and processinb it so that it may be used again as a new material. (1983, c_ 155, § 15-1-1250.OI; 1992, c. 247; 1993, c. 497; 1994, c- I90; 1995, c. 660; 1997, c. 587.) § 15.2-51 ZZ. Approval for certain water supply impoundment facilities. No locality or authority shall construct, provide or operate outside its boundaries any water supply impoun m without first obtaining the consent of the governing body of the locality in which f sue system is to be located; however, no consent shall be required for the operation of any such water supply impoundment system in existence on July 1, 1976, or in the process of construction or for which the site has been purchased or for the orderly expansion of such water supply system. In any case in which the approval by such govcming body is withheld, the parry seeking such approval may petition for the convening of a special court, pursuant to §§ 1522135 through 15.?-2141. ` {1975, c. 573, § 15.1-1250.1; 1976, c. 69; 1997, c. 587.) WATERAUTHORITY.DOC 12 AUG-25-2003 09 25 CITY CLERK'S OFFICE 5408531145 P.19i25 ' ~"~`~ § 15.2-5123. Sewage treatment plants to include certain capability. _~ ..~ Whenever an authority is Constructing a new sewage treatment plant, the facility shall be designed and f constructed so that it has the capability to treat the sewage from all onsite sewage disposal systems which are not served by another approved disposal site located within the arcs of the locality or localities which created t11e authority to be served by such plant. (1986, c. 329, § 15.1-1239.1; 1997, c. 587.) § i 5.2-5124. Delinquent payment of rates and charges. Notwithstanding any other provision of this chapter, if the use of any water or sewer system is contracted for by an occupant who is not the owner of the premises and such occupant's premises are separately metered for service, the owner of any such premises shall be liable only :for the payment of delinquent rates or charges applicable to three delinquent billing periods, which together shall rot exceed a period of ninety days. No authority shall refuse service to other premises of the owner not occupied by someone who is delinquent in the payment of such rates or charges on account o#' such delinquency provided that such owner has paid in full any delinquent charges for which he is liable. No authority shall refuse service to or unreasonably delay reinstatement of service to premises vacated by a delinquent occupant if a new party has applied for service, provided the owner of the premises has paid in full all delinquent charges for which he is liable. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, c_ 430; 1962, ee_ 130, ~~ 623, § 15.1-1250; 19b$, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c. 250; 1980, c. 159; 1981, ~ c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) ~~-~~ § 152-5 IZS. Issuance ofrevenue bonds. An authority may provide by resolution for the issuance ofrevenue bonds of the authority for the purpose of paying the whole or any part of the cost of any storrnwater control system or water or waste system. A cocnmm~ity development authority created under Article 6 (§ .15.2-5152 et seq.} of this chapter may provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying the whole or any part of the cost of such facilities which maybe provided by the authority under § ] 5_?~5158. The principal of and the interest on the bonds shall be payable solely from the funds provided for in this chapter for such payment. The full faith and credit of a political subdivision shall not be pledged to support the bonds. The bonds of each issue may be dated, may mature at any time or times not exceeding fo ears from their date or dates, may be subject tv redCmption or repurchase at such price or prices and under such terms and conditions, and may contain such other provisions, all as determined before their issuance by the authority or in such manner as the authority may provide. The bonds may bear interest payable at such time or times and at such rate or rates as determined by the authority or in such manner as the authority may provide, including the determination by reference to indices or formulas or by agents designated by the authority under guidelines established by it. The authority shall determine the form of the bonds, inchding any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or outside the Conunonwealth. If any officer whose signature or a facsimile of whose signature appears or any bends or coupons, ceases to be an officer before the delivery of such bonds, his signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery. A11 revenue bonds issued under the provisions of this chapter shall have, as between successive ~,. holders, all the qualities and incidents of negotiable instruments under the negotiable instruments Iaw o the Commonwealth. The bonds may be issued in coupon, bearer, registered or book entry form, or any combination of such forms, as the authority may deternine. Provision may be made for the registration of WATER,e,I;JTHORXTY.DOC 13 ~ xo yfr AUG-25-2003 09 26 CITY CLERK'S OFFICE 5408531145 P.20i25 any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion ,`~,~ into coupon bonds of any bonds registered as to both principal and interest. The issuance of such bonds __ shall not be subject to any limitations or conditions contained in any other law, and the authority may sell such bonds in such manner, either at a public or a private sale, and far such price, as it may determine to he for the best interest ofthe authority and the political subdivisions to be served thereby. ~~ode 1950, § ]5-764.14; 1950, p. 1321; 1958, c. 484; 1462, c. 623, § 15.1-1252; 1970, c. 617; 1993, c. 850; 1997, cc. 527, 573, 587.} § 15.2-5126. Time for contesting validity of proposed bond issue; when bonds presumed valid. For a period of thirty days after the date of the fling with the circuit court having jurisdiction over any of the political subdivisions which are members of the authority a certified copy of the initial resolution of the authority authorizing the issuance of bonds, any person in interest may contest the validity of the bonds, the rates, fees and other charges for the services and facilities furnished by, for the use of, or in connection with, any water or waste system or, for authorities created under Article 6 (§ l5.2-S 152 et seq.) of this chapter, such other facilities which may be provided by the authority under § 15.2.-S.1SA, the pledge of the revenues of any water or waste system, or any combination of any thereof or, for authorities created under Article b of this chapter, such other facilities which may be provided by the authority under § 15.2-5158, any provisions which may be recited in any resolution, trust agreement, indenture or other instrument authorizing the issuance of bonds, or any matter contained in, provided for or done or to be done pursuant to the foregoing. If such contest is not given within the thirty-day period, the authority to issue the bonds, the validity of the pledge of revenues necessary to pay the bonds, the validity of any ,sue other provision contained in the resolution, trust agccment, indenture or other instrument, and all proceedings in connection with the authorization and the issuance of the bonds shall be conc]usively ~: ~~ presumed to have beer! legally taken and no court shall have authority to inquire into such matters and no such contest shall thereafter be instituted. Upon the delivery of any bonds reciting that they are issued pursuant to tI>is chapter and a resalution or resolutions adapted under this chapter, the bonds shall be conclusively presumed to be fully authori2ed by al] the laws of the Corrunonwealth and to have been sold, executed and delivered by the authority in conformity with such laws, and the validity of the bonds shall not be questioned by a party plaintiff, a party defendant, the authority, or any other interested party in any court, anything in this chapter or in any other statutes to the contrary notwithstanding. (1997, c. ss7.) § 15.2-5127. Proceeds of bonds. The proceeds of bonds issued pursuant to § 1.5.2,5125 shall be used solely for the payment of the cost of the system or systems for which they were issued and shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in the authorizing resolution or in any trust agreement. If the proceeds of the bonds, by error of estimates or otherwise, are less than such cost, additional bonds may in like manner he issued to provide the amount of such deficit and, unless otherwise provided in the authorizing resolution or in the trust a~eement securing them, shall be deemed to be of the same issue and entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose_ If the proceeds of the bonds of any issue exceed the amount required for the purpose for which such bonds were issued, the surplus shall be deposited to the credit of the sinking fund for such .~ : ~ bonds. (Code 1950, § 15-764.15; 1950, p. 1322; 1962, e. 623, § 15.1-1253; 1997, c. 587.) WATERAUTHO1tTTY.D OC 14 AUG-25-2003 09 26 CITY CLERK'S OFFICE 5408531145 P.21i25 § 15.2-5I2$• lnterim receipts and temporary bonds; bonds mutilated, lost or destroyed. _.:~ prier to the preparation of definitive bonds, the authority may, under like restrictions, issue interim - ~ receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. If any bond issued under this chapter is mutilated, lost or destroyed, the authority may cause a new bond of like date, number and tenor to be executed and delivered upon the cancellation in exehaflge or substitution for a mutilated bond and its interest coupons, or in lieu of and in substitution for a lost or destroyed bond and its unmatured interest coupons. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond has (i) paid the reasonable expense and charges in connection therewith and, in the case of a lost or destroyed bond, has filed with the authority and its treasurer evidence satisfactory to such authority and its treasurer that such bond was lost or destroyed and that the holder was the owner and (ii) fiunished indemnity satisfactory to the treasurer of the authority. (Cede 1950, § 15-764.1G; 195(1, p• 1322; 1962, cc. 206, 623, § 15.1-1254; 1997, c. 587.) § 15.2-5129. Provisions of chapter only requirements for issue. Bonds may be issued wider the provisions of this chapter without obtaining the approval or consent of any department, division, commission, board, bureau or agency of the Commonwealth, and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or ,,~~ things which are specifically required by this chapter. ' {Cade 1950, § 15-764.17; 1950, p. I322; 1962, c_ 623, § 15.1-1255; 1997, c_ 587.) '~:_, . -. § 15.Z-5130. Limitations in bond resolution or trust agreement. The resolution providing for the issuance of revenue bonds of the authority, and any trust agreement securing such bonds, may contain such limitations upon the issuance of additional revenue bonds as the authority deems proper. Such additional revenue bonds shall be issued under such limitations. (Cade 1950, § IS-764.18; 1950, p. 1323; 1962, c. b23, § 15.1-1256; 1997, c. 587.) § 15.2-5131. Bonds not debts of Commonwealth yr participating political subdivision. ~ A. Revenue bonds issued under the provisions of this chapter shall not constitute a pledge of the faith and credit of the Commonwealth or of ary political subdivision. All bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the Commonwealth nor the faith and credit of any political subdivision are pledged to the payment of the principal of or the interest on the bonds. The issuance of revenue bonds under the provisions of this chapter shall not directly or indirectly yr contingently obligate the Commonwealth or any political subdivision to levy any taxes or to make any appropriation for their payment except fi om tihe funds pledged under the provisions of this chapter_ B. Unless otherwise provided in the ordinance which forms the authority or in a subsequent ordinance or " - resolution authorizing additional improvements, neither the Commonwealth nor any locality shall pay any ~~~ part of the principal or interest of any bonds issued by a community development authority formed `~ : pursuant to §§ 15?-5102 through IS.2-5157, nor shall any locality carry any part of such bonds on its financial statements as a contingent obligation; except that if a community development authority fails to pay such bonds, to the extent that a locality has imposed a real property tax suxeharge or a special WATERAUTHORITY.AQC 15 AUG-25-2003 09 27 CITY CLERK'S OFFICE 5408531145 P.22i25 ._ assessment at the request of a community development authority pursuant to subdivisions A 3 or A 5 of § 15.z-5158, fiulds collected from such sources maybe paid against such debt. C. Debt issued by a community development authority formed pursuant to §§ 15.2-5152 through 15.2- 51 ~7 shall not be considered in determining the debt limit of any Ioeality_ {Code 1950, § 15-7b4.19; 1950, p_ 1323; 1962, c. 623, § i5.1-1257; 1997, cc. 363, 587.) § 15.2-5132. Exemption from taxation. No authority shall be required to pay any taxes or assessments upon any storTnwater control system or ~/ water or waste system acquired or constructed by it under the provisions of this ohapter or upon the income therefrom. The bonds issued under the provisions of this chapter, their transfer and the income therefor, including any profit made on their sale, shall be free from taxation within the Commonwealth. (Code 1950, § 15-764.20; 1950, p. 1323; 1962, c. 623, § I5.1-1258; 1997, cc. 527, 573, 587.) § 15.2-5133. Trust agreeinr`nt; bond resolution. In the discretion of the authority, any revenue bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate hzzstee, which may be any trust company or bank having the powers of a trust company within or outside the Commonwealth. The resolution authorizing the issuance of the bends or the trust agreement may pledge or assign the revenues .~.--+* to be received. The resolution or trust agreement shall not convey or mortgage any stormwater control system or water or waste system or any part thereof, or any improvement Financed pursuant to § 1 ~ _2~ 5158 which is, or will be, dedicated to a public entity. However, a bond tssued by a community development authority pursuant to subdivision A 2 of § 15.2-518 may pledge or assign a mortgage in other real property or improvements not otherwise proscribed hereunder and may contain such provisions for protesting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law. Such provisions may include covenants setting forth the duties of the authority in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of the system or systems for which such bonds are issued and provisions for tht custody, safeguarding and application of all moneys and for the employment of consulting engineers in connection with such construction, reconstruction, or operation. The resolution or trust agreement may set forth the rights and remedies of the bondholders, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. The resolution or trust ab~reement may also contain such other provisions as the authority deems reasonable and proper for the security of the bondholders. Except as otherwise provided in this chapter, the authority may provide for the payment of the proceeds o£ the sale of the bonds and its revenues to such officer, board or depositary as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of the resolution or trust' agreement may be treated as part of the cost of op~ration- {Code 1950, § i 5-76a ? I; 1950, p. 1323; 1962, c. 623, § 15.1-1259; 1993, c. 850; 1997, cc. 527, 573, 587.) 15.2-5134. Disposition of unclaimed funds due on matured bonds or coupons. `~~ An authori Navin bonds vutstsnding on which principal, premium or interest has matured for a period ~...: ~ Y h' g of more than hve years rmay pay any money beinb held to pay the matured principal, premium or interest WATERAUTHORITY.DOC 16 AUG-25-2003 09 27 CITY CLERK'S OFFICE 5408531145 P.23i25 into the general fund of the authority. Thereafter, the owners of the matured bonds may look only to the authority for payment. The authority shall maintain a record of the bonds for which the funds were held, ,_ {1997, c. 587.} § 15.2-5135. Contracts concerning interest rates, currency, cash flow and other basis. A. Any authority may enter into any contract which the authority determines to be necessary or appropriate to place the obligation or investment of the authority, as represented by the bonds or the investment of their proceeds, in whole or in part, on the interest rate, cash flow or other basis desired by the authority. Such contracts may include without limitation contracts commonly known as interest rate swap agreements and futures or contracts providing for payments based on levels of, or changes in, interest rags. Such contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering uito or maintaining any (i) agreement which secures bonds or (ii) investment, or contract providing for investment, otherwise authorized by law_ These contracts and arrangements may contain such payment, security, default, remedy, and other terms and conditions as determined by the authority, after giving due consideration to the cxeditworthittess of the counterparty or ether obligated party, including any rating by any nationally recognized rating agency. $. Any money set aside and pledged to secure payments of bonds or any contracts entered into pursuant to this section, may $e invested in accordance with Chapter 45 {§ 2,2-4500 et seq.) of Title 2.2 and may be pledged to and used to service any of the contracts or agreements entered into pursuant to this section, and any other criteria as may be appropriate. .., , (1997, c. 587.) ~```~~ § I5.2-5136. Rates and charges. X A. The authority may fix and revise rates, fees and other charges (which shall include, but not be linuted to, a penalty not to exceed ten percent on delinquent accounts, and interest on the principal), subject to the provisions of this section, for the use of and for the services furnished or to be furnished by any storm water control system or wate7 or waste system, yr streetlight system in a county having a population between 13,200 and 14,000 according to the 1990 United States Census, or facilities incident thereto, owned, operated or maintained by the authority, or facilities incident thereto, for which the authority has issued revenue bonds as authorized by this chapter. Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times {i) to pay the cost of maintaining, repairing and operating the system or systems, or facilities incident thereto, for which such bonds were issued, including reserves for such purposes and for replacement and depreciation and necessary extensions, (ii) to pay the principal of and the interest on the revenue bonds as they become clue and reserves therefor, and (iii) to provide a margin of safety for malting such payments. The authority shall charge and collect the rates, fees and charges so fixed or revised. B. The rates for y.2~r (including fire protection) and sewer service (including disposal) shall be sufficient to cover the expenses necessary or properly attributable to fiunishing the class of services for which the charges are m-~e~owcver, the authority may fix rates and charges for the services and facilities of its water system sufficient to pay all or any part of the cost of operating and maintaining its sewer system (including disposal} and all or any part of the principal of or the interest on the revenue bands issued for such sewer or sewage disposal system, and may pledge any surph~s revenues of its water system, subject to prior pledges thereof, for such purposes. -.;:. . ~~ C. Rates, fees and charges for the services of a sewer or sewage disposal system shall be just and equitable, and m~~ ased upon: 'WAT'ERAUTHpRITY.DbC 17 AUG-25-2003 09 28 CITY CLERK'S OFFICE 5408531145 P.24i25 ~° '"`~ 1. The quantity of water used or the number and size of sewer connections; ~'} 2. The number and kind of plumbing fixtures rn use rn the premises connected with the sewer or sewage disposal system; 3. The number or avcrabe number of persons residing or working in or otherwise connected with such premises or the type or character of such premises; ~4. Any other factor affecting the use of the facilities furnished; or 5. Any combination of the foregoing factors. However, the authority may fx rates and charges for services of its sewer or sewage disposal system sufficient to pay all or any part of the cost of operating and maintaining its water system, including distribution and disposal, and all or any part of the principal of or the interest on the revenue bonds issued for such water system, and to pledge any surplus revenues of its water system, subject to prior pledges thereof, for such purposes. D. VJatc;r and sewer connection fees established by any authority shall be fair an e. Such fees shall be reviewed by the authority periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothir-g herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions. ,,,~,~_,..~ L. Rates, fees and charges for the service of a streetlight system shall be just and equitable, and may be based upon: ~~~ 1. The portion of such system used; 2. The number and size of premises benefiting therefrom; ~. The number or average number of persons residing or working in or otherwise connected with such prenuses; 4. The type or character of such premises; 5. Any other factor affecting the use of the facilities fiu~nished; or 6. Any combination of the foregaing factors. However, the authority may fix rates and charges for the service of its streetlight system sufficient to pay all or any part of the cost of operating and maintaining such system. F. The authority may also 6x rates and charges for the services and facilities of a water system or a refuse colleclYOn and disposal system sufficient to pay all or any part of the cost of operating and maintaining facilities incident thereto for the generation or transmission of power and all or any part of the principal of or interest upon the revenue bonds issued for any such facilities incident thereto, and to pledge any `~~ surplus revenues from any such system, subject to prior pledges thereof, for such purposes. Charges for services to premises, including services to manufacturing and industrial plants, obtaining all or a part of .,`- % their water supply from sources other than a public water system may be determined by gauging or metering or in any other manner approved by the authority. WATERAUTHORITY.DOC 18 AUG-25-2003 09 28 CITY CLERK'S OFFICE 5408531145 P.25i25 G. No sewer, sewage disposal or storm water control rates, fees or charges shall be fixed under subsections A through F until after a public hearing at which all of the users of such facilities; the owners, tenants or occupants of progeny served or to be served thereby; and all others interested have had an opportunity to be heard concerning the proposed rates, fees and charges. After the adoption by the ` authority of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, ices and charges, notice of a public hearing, setting forth the proposed schedule or schedules of rates, fees and charges, shall be given by two publications, at ]east six days apart, in a newspaper having a general circulation in the area to be served by such systems at least sixty days before the date fixed in such notice for the hearing. The hearinb may be adjourned from time to time_ A copy of the notice shall be mailed to the governing bodies of all localities in which such systems ar any part thereof is located. After the hearing the preliminary schedule or schedules, either as originally adopted or as amended, shall be adapted and put into effect. H. No refuse collection and disposa] rates, fees or charges shall be fixed under subsections A through F until after a public hearing at which all of the users of such facilities; the owners, tenants or occupants of property served or to be served thereby; and all others interested have had an opportunity to be heard eonceming the proposed rates, fees and charges. After the adoption by the authority of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, fees and charges, notice of a public hearing, setting forth the proposed schedule or schedules of rates, fees and charges, shall be given by a single publication in a newspaper having a general circulation in the area to be served by such systems at least fifteen days before the date fixed in such notice for the hearing. The hearing may be adjourned from tune to time. A copy of the notice shall be mailed to the governing bodies of all localities in which such systems or any part thereat i~ located. After the hearing the prelinnary schedule or schedules, either as originally adopted or as amended, may be adopted and put into effect. .rte ~1 I_ A copy of the schedule or schedules of the final rates, fees and charges fixed in accordance with -- subsection G or H shall be kept on file in the office of the clerk or secretary of the governing body of each locality in which such systems or any part thereof is located, and sha]l be open to inspection by all interested parties. The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional properties thereafter served which fall within the same class, without the necessity of a hearing or notice. Any increase in any rates, fees or charges under this section shall be made in the manner provided in subsection G. Any other change or revision of the rates, fees or charges may be made in the same manner as the rates, fees or charges were originally established as provided in subsection G or H. (Code 1950, § 15.764.22; 1950, p. 1324; 1962, c. 623, § 15.I-1260; 1978, cc. 298, 407; 1982, c. 469; 1988, c. 169; 1994, c. 477; 1997, cc. l2, 527, 573, 587; 1998, c. 869; 2001, c. 400.) § 15.2-5137. Water and sewer connections; exceptions. A_ Upon the: acquisition or construction of any water system or sewer system under the provisions of this chapter, the owner, tenant, or occupant of each lot or parcel of land (i) which abuts a street or other public right of way which contains, or is adjacent to an easement containing, a water main or a water system, or a sanitary sewer which is a part of or which is or maybe served by such sewer system and (ii) upon which a building has been constructed for residential, commercial or industrial use, shall, if so required by the rules an regu ations or a resolution of the authority, wit~h,y~~AncuF~~ce of the lo~a,liky~r~rielt~~ land is located, connect the building with the water main or sanitary sewer, and shall cease to use any other .~ source of water supply for domestic use or. any other method for the disposal of sewage, sewage waste or other polluting matter. All such connections shall be made in accordance with rules and regulations ~_.:• adopted by the authority, which may provide for a reasonable charge for making such a connection. A private water company which purchases water from a regional authority for sale or delivery to or within a municipality may impose a charge for connection to the water company's system in the same manner, and WATERp,UTHORITY.DOC 19 TOTAL P.25 AUG-25-2003 09 32 CITY CLERK'S OFFICE 5408531145 P.04i09 -~~~~ subject to the same restrictions, as an authority may impose for connection to its water system, subjcct to the approval of the State Corporation Corrunission. B. Notwithstanding any other provision of this chapter, those persons havnig a domestic supply or source of potable water shall npt be required to discontinue the use of such water. However, persons not Scrv4d by a water supply system, as defined in § ].5.2-2149, producing potable water meeting the standards established by the Virginia Department of Health maybe required to pay a connection fee, a frnnt~otage fee, and a monthly no~ser. PTVic~ charge, which charge shall not be more than fat proportion of the minimum monthly user charge, imposed by the authority, as debt service bears to the total operating and debt service costs, or any combination of such fees and charges. ilrl York County and James City County, the monthly nonuser fee may be as provided by general law or not more than eighty-five percent of the minimum monthly user charge imposed by the authority, whichever is greater. C. Notwithstanding any other prevision of this chapter, those persons having a private septic system or domestic sewage system meeting applicable standards established by the Virginia Department of health shall not be required under this chaptcx to discontinue the use of such system. However, such persons may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge, which charge shall not be more than that proportion of the minimum monthly user charge, imposed by the authority, as debt service bears to the total operating and debt service costs, or any combination of such fees and charges. D. Persons who have obtained exemption from or deferral of taxation pursuant to an ordinance authorized by § 58.1-3210 may be exempted or deferred by the authority from paying any charges and fees `~ authorized by subsection C, to the same extent as the exemption from or deferral of taxation pursuant to 1 such ordinance. d ~"'~l E. Water and sewer connection fees established by any authority shall be fair and reasonable. Such fees shall be reviewed by the authority periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions. (Code 1950, § 15-764.23; 1950, p. 1326; 1962, c. 623, § 15.1-1261; 1970, c. 617; 1980, c. 603; 1982, cc. 562, 567 198}, c. 552; 1987, c. 75; 1997, cc. 12, 587.) § 15.2-5138. enforcement of charges. Any resolution or trust agreement providing for the issuance of revenue bonds under the provisions of this chapter may include any of the following provisions, and may require the authority to adopt such resolutions or to take such othcx lawful action as is necessary to effectuate such provisions. The authority may adopt such resolutions and take such other actions as follows: 1. Require the owner, tenant or occupant of each lot or parcel of land who is obligated to pay rates, fees or charges for the use of or for the services furnished by any system acquired or constructed by the authority under the provisions of this chapter to make a reasonable deposit with the authority in advance to insure the payment of such rates, fees or charges and to be subjcct to application to the payment thereof if delinquent. 2. If any rates, fees or charges for the use of and for the services furnished by any system acquired or `~ co»structed b the authori under the rovisions of this cha ter are not aid within thirty days after due, Y tY P P p ~`J the authority may at the expiration of such thirty-day period disconnect the premises from the water or sewer system, or otherwise suspend services and proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action. WATERAUTHORITY.I~OC 20 AUG-25-2003 09 33 CITY CLERK'S OFFICE 5408531145 P.05i09 '~ 3. If any rates, fees or charges for the use and services of any sewer system acquired or constructed by the authority under the provisions of this chapter are not paid within thirty days after they become due, ~__~ ' ' require that the owner, tenant or occupant of such premises cease disposing of sewage or industrial wastes originating from or on such premises by discharge directly or indirectly into the sewer system until such rates, fees or charges, with interest, are paid. If such owner, tenant or occupant does not cease such disposal at the expiration of the thirty-day period, the authority may require any political subdivision, district, private corporation, board, body or person supplying water to or selling water for use on such premises to cease supplying water to or selling water for use on such premises within five days after the receipt of notice of such delinquency from the authority. If such political subdivision, district, private corporation, board, body or person does raot, at the expiration of such five-day period, cease supplying water to or selling water for use on such premises, then the authority may shut off the supply of water to such premises. The water supply to or for any person, or for use on real estate of any person, shall not be shut off or stopped under this section if the State Health Commissioner, upon application of the local board of health or health offtcer of the locality in wluch such water is supplied or such real estate is located, has found and certifies to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person and the health of others in the locality. (Code 1950, § ] 5-764.24; 1950, p. 1326; 1962, c. 623, § 15.1-1262; 1997, c. 587.} § 15.2-5139. Lien for charges. k ~..~ ` A. There shall be a lien upon real estate for the amount of any fees, rents or other charges by an authority to the owner or lessee or tenant of the real estate far the use and services of any system of the authority by "`~ or in connection with the real estate from the time when the fees, rents or charges are due, and for the interest which may accrue thereon. Such lien shall be superior to the interest of any owner, lessee or tenant of the real estate and rank on a parity with liens for unpaid real estate taxes. An authority may contract with a locality to collect amounts due on properly recorded utility liens in the same manner as unpaid real estate taxes due the locality. A lien for delinquent rates or charges applicable to three or fewer delinquent billing periods not exceeding thirty days each may be placed by an authority if the authority or its billing and collection agent (i} has advised the owner of such real estate at the: time of initiating service to a lessee or tenant of such real estate that a lien will be placed vn the real Cslate if the Iessee or tenant fails to pay any fees, rents or other charges whin due for services rendered to the lessee or tenant; {ii) has mailed to the owner of the real estate a duplicate copy of the final bill rendered to the lessee or tenant at the time of rendering the final bill to such Iessee or tenant; and {iii} employs the same collection efforts and practices to collect amounts due the authority from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which Service is provided. B. The lien shall not bind or affect a subsequent bona fide purchaser of the real estate for valuable consideration without actual notice of flee lien until the amount of such fees, rents and charges is entered in a judgment lien book in the office where deeds may be recorded in the locality in which the real estate or a part thereof is located. 'fhe clerk in whose office deeds may be recorded shall make and index the entries therein upon certification by the authority, for which he shall be entitled to a fee of two dollars per entry, to be paid by the authority and added to the amount of the lien. The authority shall give the owner `1 of the real estate notice in writing that it has made such certification to the clerk. '- C. The lien on any real estate ma.y be discharged by the payment to the authority of the total lien amount, and the interest which has accrued to the date of the payment. The authority shall deliver a certificate thereof to the person making the payment. CJpon presentation of such certificate, the clerk having the WATERAUTHORITY.DOC 21. AUG-25-2003 09 33 CITY CLERK'S OFFICE 5408531145 P.06i09 "-~ record of the lien shall mark the entry of the lien satisfied, for which he shall be entitled to a fee of one dollar. (Code 1950, § 15-764.25; 1950, p. 1.327; 1958, e. 97; 1962, e. 623, § 15.1-1263; 1976, c. 243; 1983, c. 422; 1987, c. 307; 1993, c. 383; 1994, cc. 599, 602; 1997, c. 587.} 15.2-5140. Trust funds. All moneys received pursuant to this chapter shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The resolution or trust agreement providing for the issuance of revenue bonds of the authority shall provide that any officer to whom, or any bank, trust company or other 'fiscal agent to which, such moneys axe paid shall act as trustee of such moneys and shall hold and apply the same for the purposes provided in this chapter, subject to such regulations as such resolution or trust ab'rcemcnt may provide. (Code 1950, § 15-764.26; 1950, p. 1328; 1962, c. 623, § 15.1-1264; 1997, c. 587_} § 15.2-5141. Bondholder's remedies. Any holder of revenue bonds issued by an authority under this chapter, or of arty of the coupons appertaining thereto, except to the extent the rights given by this chapter may be restricted by the resolution or trust agreement providing for the issuance of such bonds, may, either at law or in equity, by suit, mandamus or other proceeding, enforce all rights under the laws of Virginia or granted by this ,~~, chapter or under such resolution or trust agreement. Such holder may also compel the performance of all ,~ duties required by this chapter or by the resolution or trust agrccrnent to be pcrfonned by the authority or ~_._~ by any officer thereof, includinb the fixinb, charging and collecti2ig of rates, fees and charges for the use of or for the services furnished by any water or sewer system_ (Code 1950, § 15-764.27; 1950, p. 1328; 1962, c. 623, § 15.1-1265; 1997, c_ 587_) § 15.2-5142_ Refunding bonds. .4n authority may provide by resolution for the issuance of revenue refunding bonds of the authority to refund any revenue bonds outstanding and issued under this chapter, whether or not such outstanding bonds have matured or are then subject to redemption. Proceeds of such revenue refunding bonds may be used #o discharge the revenue bonds, or such revenue refunding bonds maybe exchanged for the revenue bonds. Each such authority may provide by resolution for the issuance of a single issue of revenue bonds of the authority for the combined purposes of (i) paying the cost of any water system, sewer syslem or sewage disposal system, or any combination thereof, or the improvement, extension, addition or reconstruction thereof, and (ii) refunding revenue bonds of the authority which have been issued under the provisions of this chapter which are outstanding, whether or not such outstanding bonds have matured or arc then subject to redemption. The issuance of such bonds, the maturities and other details thereof, the rights and remedies of the bondholders, and the rights, powers, privileges, duties and obligations of the authority with respect to such bonds, shall be governed by the foregoing provisions of this chapter to the extent that they are applicable_ (Code 1950, § 15-764.28; ]950, p. I328; 1962, c. 623, § 15.1-1266; I974, c. 226; 1997, c. 587.) ~~ 15.2-5143. Purchase i § n open market or otherwise. WATERAUTHORITY.DOC 22 AUG-25-2003 09 33 CITY CLERK'S OFFICE 5408531145 P.07i09 -;~ "~ provisiort may be made in the proceedings authorizing refunding revenue bonds for the purchase of the refunded revenue bonds in the open market or pursuant to tenders made from time to time when there is ~- ~ available in the escrow or sinking fund for the payment of the refunded revenue bonds a surplus in an amount or amounts tv be fixed in such proceedings. (1997, c. 587.) § 15.2-5144. Investment in bonds. Any bonds issued pursuant to this chapter are hereby made securities in which all publtc oI'Fcers, bodies and political subdivisions of the Commonwealth; all insurance companies and associations; and all savings banks and savings institutions, including savings and loan associations, trust companies, benef cial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in the Commonwealth, may properly and legally invest funds in their control- (Code 1950, § 15-764.29; 1950, p. 1329; 1962, c. 623, § 15.1-1267; 1997, c- 587.) § 15.2-5145. Financial report; authority budget; audit. Any locaIily may, by resolution, require an authority to: 1. Submit to it an annual financial statement in a form prescribed by the Auditor ofPublie Accounts; or ~.. 2. Have an audit conducted for any fiscal year according to generally accepted auditing and accounting } standards or according io the audit specifications and audit program prescribed by the Auditor of Public `- Accounts. (1978, c. 617, § 15.1-1269-2; 1997, c. 587.) § 15.Z-5146_ Use of state Iand. The Commonwealth hereby consents to the use of all lands above or under water and owned or controlled by it which are necessary for the construction, improvement, operation or maintenance of any sto2mwater control system or water or waste system; except that the use of any portion between the right-of=way limits of any primary or secondary highway in this Commonwealth shall be subject to the approval of the Commonwealth Transportation Cvnunissioner. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 440, 402; 1960, c. 430; 1962, cc. 130, 623, § ls.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) § 15.2-5147_ Powers of Iocalities, etc., to make grants and evnvcyances to and contracts with authority. Each political subdivision may: _ 1. Convey or lease tv any authority, with or without consideration, any water system or facility for the collection, treatment or disposal of sewage or refuse, or any right or interest in such facilities or any property appertaining thereto, upon such terms and conditions as the governing body determines to be in the best interest of such political subdivision; WATERAUTHORITY.DOC 23 AUG-25-2003 09 34 CITY CLERK'S OFFICE 5408531145 P.08i09 2. Contract, jointly or severally, with any authority for the collection, h-eatnicnt or disposa] of sewage, industrial waste or refuse; and grant to such authority the right to receive, use and dispose of aII or any portion of the refuse generated or collected by or within the jurisdiction or under the control of such unit; and in implementation of such contract or grant, exercise the powers set forth in §§ 15.2-927 anal 15.2- 928; and 3. Contract with any authority for shutting off the supply of water furnished by any water system owned or operated by such political subdivision or under its jurisdiction or control to any premises connected with any sewer system of the authority if the owner, tenant or occupant of such premises fails to pay any rates, fees or charges for the use of or for the services furnished by such sewer system within the time or times specified in such contract. (Code 1950, § 15-764.31; 1950, p. 1330; 1962, c. 623, § 15.1-1269; 1979 c. 280; 1997, c. 587.) § 15.2-5148. Units may convey property. Any unit, notwithstanding any contrary provision of law, may transfer jurisdiction over or lease, lend, grant or convey to an authority, upon the request of the authority and upon such teams and conditions to which the governing body and authority may agree, such real or personal property as may be necessary or desirable in connection with the acquisitior-, construction, improvement, operation or maintenance of a stormwater control system or water or waste system by the authority, including public roads and other property already devoted to public use. {Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, c. 430; 1962, cc. 130, ~'~~ 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, 617; 1972, c. I6I; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c. 4zz; 1984, c. 554; 1994, c. 477; 1997, cc. 527, 573, 587.) § 15.Z-5149. Interference with railroad structures. Whenever any railroad tracks, pipes, poles, wires, conduits or other structures or facilities which are located in, along, across, over or tuider any public road, street, highway, alley or other public right-of--way become an obsiYttction to, interfere with or are endangered by the construction, operation or maintenance of any system of l'he authority, the unit having ownership, control or jurisdiction over such public road, street, highway, alley or other public right-of way may, as the exercise of an essential governmental function, order the safeguarding, maintaining, relocating, rebuilding, removing or replacing of such railroad tracks, pipes, poles, wires, conduits or other structures or facilities by the owner thereof at the expense of the authority, subject to the provisions of § 25-23 ~. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc. 444, b17; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) § 15.2-5150. Creating or joining more than one authority. No governing body that is a member of an authority, shall create or join with any other governing body in the creation of another authority or join another authority if the latter authority would duplicate the _ _ services being performed in any part of the areas being served by the authority of which the governing r body is a member. ~~ {Code 1950, § 15-764.13; 1950, p. 1321; 1958, c. 402; 1962, c. 623, § 15.1-1251; 1968, c. 355; 1997, c. 587.) WATERAL7THtJRITY.DOC 24 AUG-25-2003 09 34 CITY CLERK'S OFFICE 5408531145 P.09i09 ~~~ § 15.2.5151. Water utilities may act as billing abcnts. Any public ut{lity supplying Water to the owners, Iessecs or tenants of real estate which is or will be served by any sewer or sewage disposal system of an authority may act as the billing and collecting agent of the authority for any rates, fees, rents or charges imposed by the authority for the service rendered by such sewer or sewage disposal system. Such water utility shall furnish to the authority copies of its regular periodic meter reading and water consumption records and other. pertinent data as may be required for the authority to act as its own bi111ng and collecting agent. The authority shall pay to the water utility the reasonable additional cost of clerical services and other expenses incurred by the water utility in rendering such services to the authority. Upon the inability of tho authority and the water utility to agree upon the terms and conditions under which the water utility will act as the billing and collecting agent of the authority, either or both may petition the State Corporation Commission for a determination of the terms and conditions under which the water company shall act as the billing and colleetinb agent of the authority. If the water utility acts as the billing and collecting agent of an authority it shall set forth separately on its bills the rates, fees or charges imposed by the authority. However, both the water and sewage disposal charges shall bC payable to and collected by the water utility, and payment of either shall be refused unless both arc paid. The :authority shall pay to the wafer utility the cost of shutting off any water service on account of nonpayment of the sewage disposal charge. Iri the event of such discontinuance of water service the water service shall not be reestablished until the sewage disposal charge has been paid. (Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402; 1960, e. 430; 1962, cc. 130, 623, § 15.1-1250; I9G8, cc. 355, SSG; 1970, cc. 444, 617; 1972, c. I61; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c. 422; 1984, c. 554; 1994, c. 477; 1997, c. 587.) § 15.2-5 i 52. Localities may consider petitions for creation of authority_ y A. Any city may consider petitions for the creation of community development authorities in accordance ~ ~ ~ s with this article. D_ Any town may by ordinance elect to assttmc the power to Consider petitivns for the creation of community development authorities in accordance with this article. A public hearing shall be held on such ordinance. C. The following counties may consider petitions for the creation of community development authorities in accordance with this article: 1. Any county with a population ofat least 75,000; 2. Any county with a population of less than 50,000 through which an interstate highway passes; and 3. Any county with a population between 50,000 and 75,000 through which an interstate highway passes. D. Any county not listed in subsection C nnay by ordinance elect to assume the power to consider petitions for the creation of community development authorities in accordance with this article. A public hearing shall be held on such ordinance. (Code 1950, § IS-764.3; 1950, p. 1315; 1962, e. 623, § 15_]-1241; 1972, c. 370; 1973, c. 478; 1993, c. $50; 1995, c. 402; 1996, c. 897; 1997, c. 587.) WATERAT ITHC~R TTY. nnr. 75 TOTAL P.09 TRANSMIT MESSAGE CONFIRMATION REPORT NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/22'03 12:40 TRANSMIT: 98531145 ~ DURATION ~ PAGE ~ SESS RESULT TYPE MEMORY TX ~ MODE E - 14 ~ 01'18 i i i ~ 04 i ~ 398 i i OK i 1 DIZAP'I' 7/I6/03 2 3 ARTICLES OF INCQRPORATION 4 OF THE S ROANOKE VALLEY WATER AND WASTE WATFsR AUT'HORZ'T.Y G 7 The Board of Supervisors of Roanolce County and the Council o£ the City 8 of Roa,z~oke k~,ave by concurrent resolution adopted, the following Articles of 9 Incorporation of the Roanoke Valley Water a.nd Waste Water Authorrity, 10 pursuant to the Virginia Water and Wastc ,f~txtb.oriti.es Act (Chapter 51, 'I'i,tl,e 15.2 1.1 of the 1950 Code of Virgirua, as amended) ("Act"). 12 ARTICLE I 1.3 1. Th.e ».ame of. th.e Auth.ori.ty shall be the Roanoke Va.11ey Water. az~.d 14 Waste Water Authority and the address of i,ts pz~incipal office is 15 Roanoke, Virginia. 1.6 /~T.tTZC1r.E ZI 1.7 2. The names of the incorporating political subdivisions are the i 8 County of Roanoke, Virginia a.nd th.e City vf. Rva,n.oke, Vi,rgin.ia.. Tk~.e County of. 19 Roanoke and the City of Roanoke, as the incorporating political subdivisions, 20 hereby ackreowledge, covenant, axtd agree that these A,rti,c],es of. In,cvxpvra,ti,vr~ 2I sl.i.a.].1 n.ot be further amended or. changed without the express agreement of each 22 of the governing bodies of- each of. the i.n,corporating political subd.ivi.sion.s. 23 Nozi,e vf, the following actions s1i,a1I be taken or permitted to occur by the 24 Authority without the affirmative vote of a majority of the members from, each 25 incorporating political stabdzvision of the Authority: ~~ Post-iC'° F~,x Note 7671 yak Go9~ ~ TO FI'OT ~. Go./Oep~: Co. 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N .~ L Q. ~ ~ (~ `~- O ~ ~ ~ O - 'i O ~ , c1i ~ a ~ ~ Q V ~ ,--i t--1 ~ ~' 0 ~ ~ ~ ~ -~ L ~' L L ~ 4- O ~ ~ ~ ,~ ~ ~ ~ ~ a L ~ ~ o ~ 0 ~ v a~ U '~ ~ L (a ~ o ~ -~ c f~ U ~ ~ a_+ U ~ Q ~ ~ cYi O ate.., ~ ~ N ~ ~ ~ ~ M N ~ ~ ~ ~ O ~ ~ LO .~ ~ U ~ -p ~ OL ~ ~- ~ ~ .~ O O o ~ ~- m ~ V ~ Page 1 of 2 Issue Nu ber NTCS-5P,7RF'3 cheduled tJ9/t?8/2Q03 expand all collapse all Created Date: 07/17/2003 03:58 PM Created By: Brenda Holton Contact Inquiries: 0 Contact Mr. anonymous Address ROANOKE VA UNITED STATES Address 5023 BIGHORN DR Roanoke VA 24018 Description Home Phone: Fax: Work Phone: Fax: Mobile: Pager: Email Citizen called to request that Community Development check on the number of animals being housed on a piece of property. Lady called to say that single homeowner at this address has many dogs that he never lets out. The house is beginning to smell. He said that he had lived in the City until he as evicted from there because of his animal. Can something be done about this? Issue Type /Sub Type Origin Animals /Number of Pets Phone Issue Code Copy To Complaint Joe McNamara Diane Childers Action Required Root Cause Yes Priority Confidentiality Normal Internal http://ntcis0l/suiteresponse/service.nsf/hv_RequestNumber/NTCS-SPJRF3?OpenDocument 8/22/2003 Page 2 of 2 Department /Unit Goals Community Development /Planning and Zoning- 40 hour Response A Assigned To Bill Richardson 320 hour Resolution Field Person Status Scheduled 09/08/2003 Due Date 09/08/2003 11:59:00 PM Actions Taken First Response Closed On 07/18/2003 08:49 AM Closed By Action History 8/21/03 03:46 PM -Bill Richardson/RKE_NOTES Action Taken: The property was re-inspected on 8/13/2003 and charges have been taked. Further actions are pending on serving of papers & scheduling of a court date. BR ------------------------------------------------------- 7/28/03 08:06 AM -Bill Richardson/RKE_NOTES Due Date Change Previous: 8/1/03 11:59 PM New: 9/8/03 11:59 PM Reason: See actions taken for status. BR ------------------------------------------------------- 7/28/03 08:03 AM -Bill Richardson/RKE_NOTES Action Taken: This property was inspected on Thursday, July 17th and it was deemed to be in violation of the Roanoke County Zoning Ordinance. This matter will be advanced in enforcement to the next level and further action will be taken in the late August at the earliest. BR ------------------------------------------------------- 7/18/03 08:49 AM - Tammi Wood/RKE_NOTES Status Change Previous: Open New: Scheduled Reason: Case is under investigation at this time. Site was inspected yesterday 7/ 17/03 by four county employees. Due Date Change Previous: 7/24/03 10:58 AM New: 8/1/03 11:59 PM http://ntcis0l/suiteresponse/service.nsf/hv_RequestNumber/NTCS-SPJRF3?OpenDocument 8/22/2003 Board of Supervisors • ~ ~ ~ - Clerk's Office ~ OA/y ~F F x Tr n z a a sm ~ttal , _ z .~ To: Board of Supervisors ra e From: Diane S. Childers C Clerk to the Board Date: 8/21 /2003 No. of Pages: 3 including cover Following is the agenda for the joint County of Roanoke/City of Roanoke meeting to be held on Friday, August 22 at 9:30 a.m. at the Roanoke Valley Resource Authority, Community Meeting Room, 2"d Floor. If you have any questions, please do not hesitate to contact me. cc: Elmer C. Hodge County of Roanoke P. O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) AUG-21-2003 11 08 ROANOKE CITY MANAGER 15408531138 P.01i03 . ,_... Darlene L. Burcham, City Manager George C. Snead, Assistant City Manager for Operations Rolsnda B. Russell, Assistant City Manager of Community Development Christopher L. Slone, Public Information Officer Paul J, Truntich, Environmental Administrator To: ~iane S. ~~ ~~~--5 From: U5 i ~ yy~ CX,~ 't01z` I:Ja r rP.li ~ ~.tt t^~Qry~ Date: g ~ o~ Pages: Fax Number: '77a -~ l 9 3 fax City of kZoaz~o~Ce Cxcy Mazlagei s C~ff'ice Z 15 Church Avenue SW', Roozzx 364 Roanoke,~1A 2401T (~I~s~ ~ts~ /U(r. ~~e- ~ ~eerK -f-~~,~,~ a~ t I ~ ~ ~S . C ~ ~.~#~s Pkzox~e: (540) 853-2333 Pa~c: {540) 853-T138 AUG-21-2003 11 08 ROANOKE CITY MANAGER AGENDA County of Roanoke And City of Roanoke Joint Meeting 15408531138 P. 02/03 Au ust 22, 2003 This is a joint meeting of the City ofi Roanoke and the Co~rrtty of Roanoke for th~® purpose of providing an update on the proposed regional water and wastewater authority. The meeting is being held at the Roanoke Valley Resource Authority Community Meeting Room, 1020 Hollins Road, Roanoke, Virginia. A. CALL TO ORDER AND OF~'ENfNCiE RI:MARK5 (9:30 a.m.): Ralph I~. Smith, Mayor -City of Roanoke Joseph !~'. MoNamara, Chairman -Roanoke County Board of Supervisors B. INVOCATION: John M. Ghambllss, Jr. Assistant Coun Administrator- Roanoke County o~- , ~. S r~- cc~~y a{ Einar C, Hodge, vunty Administrator- Roanoke ~.1~- Darlene Burvcham, City Manager - Gity of Roanoke D. UPDATE aN AUTHORITY FORMATION: Mike McEvoy, Director of Utilities -City of Roanoke ~ ~ 0 Yom"' Qary Robertson, Director of Utilities -County of Roanoke ^ Timeline for implementation of authority E. ~RIEFINQ Ri;~ARDtNa DEBT AND FlNANCE RELATED MATTERS: Diane q. Hyatt, Ghief Flnanoi~tt Officer -County of Roanoke Jesse Hail, Director of Finance - City of Roanoke rri- ~~ti ~~ U ~-- w Status of ouisianding debt • Update on system selection AUG-21-2003 11 88 ROANOKE CITY MANAGER 15408531138 P.03i03 E. PpESENTATtQN ON LEGAL DOCUMENTS AND REQUIRE~ifIEN~"S; Bill Hackworth, City Attorney -City of Roanoke ~ ~~"' Paul Mahoney, County Attorney ~ County of Roanoke Articles of incorporation • ity Enabling legislation for water and sewer autf~rvritfes • G. BOARD ANp COUNCIL MEMBER COMMENTS AND QUESTIONS H. R46LIC COMMENTS AND QUESTIONS I. CLCSINQ REMARKS: Darlene Burcham and Elmer Hodge J. AD~OURNMEN7 TOTAL P.03 Board of Supervisors • ~ • ~ Clerk's Office Fax Transmittal To: Susie Freeman Mary Parker From: Diane S. Childers Clerk to the Board Date: 8/21 /2003 No. of Pages: 3 including cover ~ ptOAJyQ ~ ~~ ~ ~ z ~z ~ ~ i a J8 Following is the final agenda for the joint County of Roanoke/City of Roanoke joint meeting to be held on Friday, August 22. If you have any questions, please do not hesitate to contact me. County of Roanoke P. O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) (540) 772-2193 (Fax) -. ~- TRANSMIT MESSAGE CONFIRMATION REPORT NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/21'03 12:30 t TRANSMIT: 98531145 I DURATION ~ PAGE ~ SESS I RESULT ~ TYPE MEMORY TX ~ M_ O~ E - 14 ~ 00'58 ~ 03 ~ 392 ~ OK ~ i i i i i i i i Board of Supervisors Cferk's Off ce Fax Transmittal To: From: Date: No. pf Pages: Susie Freeman Mary Psrker Diane S. Childers Clerk to the Board 8/21 /Z003 3 including cover ~. ~~ Following is the final agenda for the joint County of Roanoke/City of Roanoke joint meeting to be held on Friday, August 22. If you have any questions, please do not hesita#e to contact me. County of Roanoke P. O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) (540) 772-2193 {Fax) ~~. i. I TRANSMIT MESSAGE CONFIRMATION REPORT I ~ i NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/21'03 12:29 TRANSMIT: 98531138 DURATION I i ~ PAGE I SESS RESULT TYPE MEMORY TX ~ MODE I E - 14 I 00'59 I i i i i 03 1 i 391 I i OK Board of Supervisors Clerk's Office fax Tran~rr~ittal ~~ - ~~ z To: Susie Freeman Mary Parker Front: Diane 5_ Childers Clerk to the Board Dat®: 8121 /2003 No. of Pages: 3 including cover Following is the frnal agenda for the joint County of Roanoke/City of Roanoke joint meting tv be held on Friday, August 22. If you nave any questions, please do not hesitate to contact me. County of Roanoke P_ O. Box 29800 Roanoke, VA 24018 {540) 772-2005 (Phone) (540) 772-2?93 (Fax) Roanoke Valley Resource Authority 1020 Hollins Road, N.E. Roanoke, VA 24012-8011 Telephone: 540.857.5050 Fax: 540.857.5056 xonr~o~unu~x~samc~n~nxotun APPLICATION FOR USE OF ROANOKE VALLEY RESOURCE AUTHORITY FACILITIES Name of Organization Purpose of Meeting Date(s) of Meeting Time of Meeting Roanoke County Board of Supervisors Joint Meeting with Roanoke City Council August 22, 2003 and November 19, 2003 9: 3 0 a. m. Length of Meeting 2 1/ 2 hour s Estimated Attendance 2 5 Person in Charge of Meeting Diane S . Childers Clerk to the Board Address Telephone 5204 Bernard Drive, SW -.Roanoke, VA 24018 772-2003 The undersigned hereby agrees on behalf of the above named organization: (1) To be responsible for any damage sustained to Resource Authority property while being used byrthe organization; (2) To be present or have someone present who will supervise during the requested use; (3) To conform to all rules and regulations as set forth by the Resource Authority as set forth in the attached sheet. 772-2193 (Fax) ~~~~~~ ~ 772-2003 (Office) Applicant's Signature Telephone Number/Fax 5204 Bernard Drive, SW August 8, 2003 Address Date --------------------------------------------------------------------------------------------- Approved by John R. Hubbard, P.E. Chief Executive Officer Approval Date: a a .~ BROADCAST REPORT NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/18'03 08:52 r r v TYPE DEPT SESS DATE/TIME DURATION REMOTE ID SPEED PAGE RESULT GROUP TX 348 08/18 08:16 00'30 RO TIM MED E - 14 01 OK GROUP TX 348 08/18 08:18 00'33 WYYD E - 14 01 OK GROUP TX 348 08/18 08:18 00'30 WDBJ E - 14 01 OK GROUP TX 348 08/18 08:20 00'29 WSLS E - 14 01 OK GROUP TX 348 08/18 08:21 00'31 STEBBINS E - 14 01 OK GROUP TX 348 08/18 08:22 00'31 WFIR E - 14 01 OK GROUP TX 348 08/18 08:23 00'32 WROV E - 14 01 OK GROUP 7X 348 08/18 08:24 00'32 WSLC E - 14 01 OK GROUP TX 348 08/18 08:25 00'31 WVTV E - 14 01 OK GROUP TX 348 08/18 08:27 00'32 WSET E - 14 01 OK BROADCAST = 011 LOCATION OK = 010 LOCATION FAIL = 001 LOCATION ~~ ~k R ~;~ TRANSMIT MESSAGE CONFIRMATION REPORT NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:08/18'03 11:30 TRANSMIT: 9P3892930 DURATION I PAGE SESS i RESULT ~ TYPE MEMORY TX ~ MODE ~ E- 14 ~ 00'31 ~ 01 ~ 352 ~ OK ~ ~ i i i ~ i i ~ vA 0 ,~ .~ NEWS F~ELEASE 1 For Immediate Release Contact: Gary Robertson Mike McEvoy Director of Utilities Director of Utilities County of Roanoke City of Roanoke (540) 387-6104 (540) 853-2831 grobertson~co.roanoke.va.us mmcevoy~ci.roanoke~va.us Joint Meeting of Roanoke County Board of Supervisors and Roanoke City Council to provide an update on the proposed Regional Water and Wastewater Authority ,- _ ~, -Roanoke, V'rrg'rnia - A joint meeting of the Roanoke County Board of Supervisors and Roanoke City Council will be held vn Friday, August 22, 2003 at 9:30 a.m. at the Roanoke Valley Resource Authority, Community Room, 1020 Hollins Road. The purpose of the meeting will be to provide an update on the proposed Regional Water and Wastewater Authority. ### NEWS RELEASE For Immediate Release Contact: Gary Robertson Director of Utilities County of Roanoke (540) 387-6104 grobertson @co.roanoke.va.us Mike McEvoy Director of Utilities City of Roanoke (540) 853-2831 mmcevoy@ci.roanoke.va.us Joint Meeting of Roanoke County Board of Supervisors and Roanoke City Council to provide an update on the proposed Regional Water and Wastewater Authority August,18;.2003 -Roanoke, Virginia - A joint meeting of the Roanoke County Board of Supervisors and Roanoke City Council will be held on Friday, August 22, 2003 at 9:30 a.m. at the Roanoke Valley Resource Authority, Community Room, 1020 Hollins Road. The purpose of the meeting will be to provide an update on the proposed Regional Water and Wastewater Authority. ###