[HISTORY: Adopted by the Board of Supervisors
of the County of Rappahannock 5-3-1968; amended in its entirety 11-5-2012. Subsequent amendments noted where applicable.]
[1]
Editor's Note: These provisions apply only
to the Sperryville area.
The Rappahannock County Water and Sewer Authority (the Authority)
was created by act of the Board of Supervisors on 3 May 1968, at which
time the original Articles of Incorporation were adopted, and the
Authority has continuously existed since then.
On 4 June 2012, after a duly advertised public hearing, the
Board of Supervisors adopted amended Articles of Incorporation as
follows:
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Articles of Incorporation
Rappahannock County Water and Sewer Authority
As Amended 4 June 2012
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The Rappahannock County Water and Sewer Authority was created
by the Board of Supervisors of Rappahannock County, Virginia, on 3
May 1968 under the authority of the Virginia Water and Sewer Authorities
Act, § 15.1-1239 to § 15.1-1270, inclusive, of
the Code of Virginia. That Act has since been amended and re-codified
as the Virginia Water and Waste Authorities Act, Title 15.2, Subtitle
IV, Chapter 51, of the Code of Virginia, § 15.2-5100 et
seq.
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Pursuant to the current Virginia Water and Waste Authorities
Act, and specifically pursuant to § 15.2-5103 and § 15.2-5110
of that Act, the Articles of Incorporation of the Rappahannock County
Water and Sewer Authority adopted by the Board of Supervisors of Rappahannock
County, Virginia, on 3 May 1968, as reflected in the Board of Supervisors'
Minute Book 6, pages 145-146 and 149, are hereby amended to read as
follows:
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1. The name of the authority and the address of its principal
office shall be:
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The Rappahannock County Water and Sewer Authority
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P.O. Box 519
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Washington, Virginia 22747
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2. The only participating locality is the County of Rappahannock,
Virginia, and the names, addresses and terms of office of the members
of the Board of the Authority are as follows:
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Name and Address
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Term of Office Ends
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David Aldrich, Treasurer
171 Little Long Mountain Road
Huntly, Virginia 22640
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7/31/12
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Kenneth L. Thompson, Chairman
P.O. Box 328
Washington, Virginia 22747
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7/31/13
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Alexander Sharp
70 Mountain Green Lane
Washington, Virginia 22747
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7/31/13
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Keir A. Whitson, Secretary
722 Harris Hollow Road
Washington, Virginia 22747
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7/31/14
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Richard C. Lessard, Vice-Chairman
P.O. Box 455
Sperryville, Virginia 22740
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7/31/14
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3. The Board of the Authority shall be five in number, shall
be appointed by the Board of Supervisors and shall hold office until
their successors have been appointed. Upon expiration of the terms
of office stated above, all members of the Board of the Authority
shall be appointed for terms of four years. Members may succeed themselves.
The Board of the Authority shall elect a Chairman, and a Vice-Chairman
to act in the absence of the Chairman. They shall also elect a Secretary
and a Treasurer, who may be the same person, and who do not need to
be members of the Board of the Authority.
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4. The purpose and project for which the Authority was, and
continues to be, created is to design, acquire, finance, construct,
operate, repair, maintain and expand as necessary a "sewage disposal
system," as that term is defined by § 15.2-5101 of the Code
of Virginia, in the Sperryville Service Area, and for this purpose
it shall have all powers set forth in the Virginia Water and Waste
Authorities Act and specifically those enumerated in § 15.2-5144
of the Code of Virginia, as they are now stated and as hereafter amended.
The Authority shall not undertake any other projects unless authorized
to do so by resolution of the Board of Supervisors. The boundaries
and extent of the Sperryville Service Area shall be delineated in
the regulations of the Authority, and may be amended by the Authority
from time to time.
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5. In accordance with its original Articles of Incorporation
and with the resolution of the Board of Supervisors of Rappahannock
County which established the Authority, both of which were adopted
on 3 May 1968, the Authority has already designed, acquired, financed,
constructed, operated, repaired, maintained and from time to time
expanded a sewage disposal system in the Sperryville area of Rappahannock
County, and continues to do so. Therefore, for the purposes of § 15.2-5103
A. sub-paragraphs 3. and 4. of the Code of Virginia, at this time
there are no proposals for any new capital projects to be undertaken
by the Authority. Therefore, the Board of Supervisors of Rappahannock
County finds that it is impractical to set forth any capital cost
estimates. The Authority at this time has no debt within the meaning
of the Constitution of Virginia.
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6. The Authority has, in compliance with § 15.2-5114
sub-paragraph 10. And § 15.2-5136 of the Code of Virginia,
fixed the fees and rates for its services and facilities as follows:
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Quarterly service fee: $85.50 per Equivalent Dwelling Unit (EDU),
as defined in its Regulations.
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Connection fees: $7,500 for first EDU, whether commercial or
residential use; $3,750 for each additional EDU generated by a non-residential
structure either at the time of initial connection, or upon subsequent
expansion or modification of the commercial use.
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7. Pursuant to § 15.2-5114 1. of the Code of Virginia,
the term of existence of the Authority shall be 50 years from the
date of the adoption of the resolution of the Board of Supervisors
approving these articles, to wit, from 4 June 2012.
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8. A resolution which included these Articles of Incorporation
was adopted by roll-call vote of the Board of Supervisors of Rappahannock
County, Virginia, on 4 June 2012 at its regular monthly public meeting,
after a public hearing advertised and held in accordance with § 15.2-5102
and § 15.2-5104 of the Code of Virginia. The said resolution
did not require a referendum be requested, and authorized Roger A.
Welch, Chairman of the Board of Supervisors, to sign these articles
on behalf of the County of Rappahannock, Virginia.
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On 13 June 2012, the State Corporation Commission issued a Certificate
of Amendment with respect to the aforesaid amended Articles of Incorporation.
The period of existence of the Authority is extended for 50
years from 4 June 2012.
As originally specified by the Board of Supervisors in 1968,
the sole purpose and project of the Authority shall be to provide
a sewage disposal system to serve the Sperryville area of Rappahannock
County, Virginia.
The names and terms of office of the members of the Board of
the Authority who succeed those members stated in the amended Article
of Incorporation, above, shall be maintained in the office of the
County Administrator and will not be set out in this Code.
