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HomeMy WebLinkAbout6/2/1992 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 2, 1992 RESOLUTION 6292-1 APPROVING AND RATIFYING CERTAIN AGREEMENTS WITH RESPECT TO THE ROANOKE VALLEY RESOURCE AUTHORITY AND ACKNOWLEDGING THE ISSUANCE OF THE AUTHORITYPS SOLID WASTE SYSTEM REVENUE BONDS, SERIES 1992 IN CONNECTION WITH THE AGREEMENTS The County of Roanoke, Virginia ("County") is a member of the Roanoke Valley Resource Authority ("Authority") pursuant to the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia of 1950, as amended ("Act") and has entered into the Roanoke Valley Resource Authority Members Use Agreement, dated as of October 23, 1991 ("Members Use Agreement") among the Roanoke County Resource Authority (as predecessor to the Authority), the County, the City of Roanoke, Virginia ("City") and the Town of Vinton, Virginia ("Town"). The Authority proposes to issue its Solid Waste System Revenue Bonds, Series 1992 ("Bonds") in an amount not to exceed $40 million to finance the cost of acquiring, constructing and equipping a sanitary landfill, transfer station and related facilities to provide a regional solid waste disposal system for members of the Authority ( "Project") . To facilitate the sale of the Bonds, the parties to the Members Use Agreement desire to amend certain of its terms by executing a First Amendment to Roanoke Valley Resource Authority Members Use Agreement dated as of June 1, 1992 (the "First Amendment"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Agreements. The Board of Supervisors hereby approves the First Amendment and approves and ratifies the Members Use Agreement, the Assignment Agreement, dated as of October 23, 1991, among the Roanoke Valley Regional Solid Waste Management Board, the Roanoke County Resource Authority (as predecessor to the Authority), the City, the Town and the County, and the Distribution and Indemnification Agreement, dated as of October 23, 1991, among the Roanoke Valley Regional Solid Waste Management Board, the Roanoke County Resource Authority (as predecessor to the Authority), and the City, the Town and the County; all of which were previously approved by the Board of Supervisors by Resolution No. 102391-1 dated October 23, 1991. 2. Acknowledgeaent of Authority Financing. The Board of Supervisors acknowledges the Authority's intention to issue the Bonds in June of 1992, and further acknowledges that the Authority is issuing the Bonds in order to undertake its duties and obligations under the Members Use Agreement. 3. Pro Rata Share. The County Administrator is authorized 1 and directed to include in the budget to be submitted to the Board Of Supervisors in each fiscal year or in such supplemental requests for appropriations as may be necessa County's Pro Rata Share rY. an amount equal to the if any. The County's obligationetol make Pro�Rata Share pn the Meers Use ayments under the Members Use Agreement is subject to and dependent mupon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in the Members Use Agreement or this Resolution shall constitute a pledge of the full faith and credit of the County or require or be deemed to require appropriations to be made. The facilities and services to be provided by the Project are essential and necessary to the operations of the County. 4. Further Actions Officers and agents as he may designate are authorized and directed to execute and deliver the First Amendment with such modifications as they deem necessary or appropriate to facilitate the sale of the Bonds, and such officers are further authorized to prepare, executed and deliver any and all instruments, certificates and other documents and to take such action as they deem appropriate to carry out the purposes of this Resolution and any such action previously taken is hereby ratified and confirmed. 5. Effective Date. This Resolution immediately. shall take effect On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: Diane D. Hyatt, Director, Finance John R. Hubbard, CEO, RVRA Gardner W. Smith, Chairman, RVRA Carolyn S. Ross, Clerk, Vinton Town Council Mary F. Parker, Clerk, Roanoke City Council File 2