AG Candidate Brownlee Speaks to UVA College Republicans

Audio podcast 21 minutes

Charlottesville, Va.—Candidate for Virginia Attorney General John Brownlee spoke this evening to a dozen UVA College Republicans at Cabell Hall. Chairman of the student group, Savanna Rutherford introduced Brownlee, who was 45 minutes late coming from a Fluvanna County campaign appearance. By comparison, Democratic Presidential Candidate Al Sharpton was an hour and a half late to Cabell Hall in 2004.

On the “trigger man” rule, Brownlee contrasted himself with rival candidate Ken Cuccinelli. Brownlee explained the rule means the mastermind of a bank robbery, for example, who plans and executes the crime, which results in a death, cannot receive the death penalty. But the “trigger man” can. Cuccinelli has recently voted not to change the law to include capital punishment for the mastermind, according to Brownlee.

Brownlee did not contrast himself with Dave Foster, who’s also running for the Republican nomination on May 30 for Attorney General. Brownlee is the only prosecutor campaigning for this office, although the others are attorneys. Brownlee resigned as federal prosecutor for western Virginia last May to pursue the office full-time.

This reporter didn’t ask about eminent domain because Brownlee expressed his position in response to an audience question. He condemned the 2005 Supreme Court ruling in the Kelo v. New London, CT case. I spoke with him after the talk and said I was supporting Cuccinelli because he’s been active on eminent domain before Kelo brought this longstanding controversy to national attention. Brownlee supports Cuccinelli for Senate.

I told Brownlee Charlottesville was a poster child for eminent domain abuse and neighborhood clearing. I am the community watchdog for local political history. Read all about the secrets in this blog. I spoke last week on Joe Thomas’ morning show on WCHV 1260-AM / 94.1 FM. For 20 minutes we talked about eminent domain, revenue sharing and the annexation moratorium to expire next year unless it’s renewed. I said Vinegar Hill was plea bargaining: we agree to talk about the first neighborhood cleared if we don't have to talk about other neighborhoods, which has given rise to the myth that this is the only project in the city's history.

To become a delegate for the May 30 Convention, visit Brownlee’s and Cuccinelli’s websites below for deadlines in various localities.

In Albemarle County , you must pre-file by March 20 at 8 p.m.

In Charlottesville, you need only show up to the mass meeting March 28, according to an email from Buddy Weber, Chairman of the Charlottesville Republican Committee. Weber said he would make the announcement this week.

John Brownlee
Ken Cuccinelli
Dave Foster
Visit George Loper’s site for more on the 2009 statewide races.
College Republican Federation of Virginia

YouTube: Bill Bolling Speaks to UVA College Republicans Part 1
YouTube: Bill Bolling Speaks to UVA College Republicans Part 2

Susette Kelo Tells Her Story

No U.S. Supreme Court decision in the modern era has been so quickly and widely reviled as the infamous Kelo decision June 23, 2005, in which the Court ruled that the government could take Susette Kelo’s house in New London, Conn., and the homes of her neighbors, and give the property to a private developer. The courts justified the ruling by saying the new use for her property could generate more taxes and jobs. (Cato Institute)

Rivanna Four Party Agreement 1972 to 2012

Charlottesville, Va.—With all the talk of expanding the water supply today, it’s hard to imagine that sewage and river pollution were the reasons for creating the Rivanna Water and Sewer Authority. The plan was to build a network of sewer lines and pump all the area’s waste to the Advanced Wastewater Treatment Plant at Moores Creek on the city’s eastside and discharge downstream from the Rivanna dam. The other sewage treatment plants were to be decommissioned over time.

Today the plan is to build one central reservoir at Ragged Mountain and pump water from South Rivanna River. The mega reservoir will submerge the city’s first two water impoundments constructed 1885 and 1908 and raise the pool elevation 45 feet, nearly quadrupling the capacity of Ragged Mountain. Today RWSA has floated the idea of abandoning Sugar Hollow Reservoir and South Rivanna Reservoir which is prone to siltation. [Corrected to remove Mechums from "pump water from Mechums and Rivanna". Pipeline from Sugar Hollow is to be decomissioned.]

Back in 1972 there was little concern for the amount of water supply itself. The 1966 Rivanna Reservoir was new with plenty of capacity. The Great Drought of 1977 tested the adequacy of supply. Despite ten months of record drought, the area had seven months of water ready for use. Even so, officials overreacted and legislated the region’s first mandatory conservation.

A month later we went into a wet cycle. The false alarm led to the seizing of land for Buck Mountain Reservoir in 1983 near Free Union on a tributary of South Rivanna. But state and federal officials did not approve the project because the endangered James River Spiny Mussel was found there. The Rivanna Authority never returned Buck Mountain land to its legal owners. Hence the agency has erased the 1977 drought from its records and institutional memory despite directors and chairmen who had been officials in 1977. Mayor Francis Fife, who signed the four-party agreement in 1973 and was vice-mayor in 1977, was RWSA official in recent years but today pretends he just moved here.

Since the ‘70s we’ve had two milder droughts and mandatory conservation in 2002 and 2007. In 1977 the water operations director was quoted in the paper as to how many days water supply we had on hand. Because of the controversy of eminent domain for Buck Mountain and in this community more broadly, this metric has not been used since. In 2002 the trigger for mandatory conservation was 70% of existing supply, which was raised 5% in each of two preceding dry years. But each time reservoirs filled in the autumn without rain and without reaching the threshold. In 2006 the trigger was in-stream flow but heavy rains fell in June. In 2007 the metric was vertical feet of water pool below top of the dam, the most meaningless measure of all.

Finally in 2008 huge controversy began to erupt—but not because of the trickery, poor science, or adequate water supply. The debate centers on whether to expand Ragged Mountain and centralize the water supply, or to expand supply by dredging the South Rivanna Reservoir, which has lost a third of its volume due to sedimentation. No one questions the validity of the imagined shortages and artificial deadlines. We’re planning for 76% more population in 2055.

In 1972 there was a real deadline. City and County sewer systems had to be combined in order to qualify for grants by June 30, 1972. South Rivanna was suffering accelerated pollution because Crozet discharged it sewage upstream. So talks were held in secret in March and April. The night before elections May 2, the Council voted to open the negotiations to the public since the secrecy had made the news the week before. Although the four-party agreement below wasn’t signed until June 12, 1973, it took effect June 7, 1972—according to the agreement itself.

In defense of the Rivanna Authority, the agreement requires only that financial records be kept. So it’s understandable there is little information on other factors, such as rainfall, droughts, floods, water volume, demand, quality, capacity, sedimentation, succession of directors and chairmen, etc. The agency’s drought management plan relies on computer modeling of stream flows to predict drought conditions. Rivanna has no “description of the actual conditions that occurred in any past drought,” according to Executive Director Tom Frederick since 2004 (e-mail Feb. 10, 2009).

From my perspective of previous water officials, Frederick is one of the best. Everything’s relative. He actually responded to an email in Feb. 2005 requesting information on the 1977 drought. He said the agency doesn’t keep documents dating that far back. More recently he responded to a request for the Rivanna charter that governs the agency. But the file is missing Exhibits 7a and 7b, maps outlining the designated urban areas to be served. There’s no mention of amendments. But I can’t assume there haven’t been any. That’s the kind of environment decades of secrecy, deception and lack of oversight have brought us.

The Four Party Agreement totals 42 pages, 19 of which are the actual agreement and the remainder are tables (called exhibits) of resources to be constructed or transferred. I’ll try to post the 6-megabyte Adobe file to Citizens for a Sustainable Water Supply, since they seem to have more space and have posted many other large documents.

Rivanna.org -- Rivanna Water and Sewer Authority

CvilleWater.info -- A citizen’s guide to the water supply

“Council approves water plan again” by Blair Hawkins, Jun. 2, 2006, Blair’s Blog. Includes links to previous water stories, graphics.

“Severe Record Drought Expected to Continue” by Peter Bacque, Oct. 4, 1977, The Daily Progress.

“Rainfall Short, Water Saving Plan Proposed” by Peter Bacque, Sep. 10, 1977, The Daily Progress. 226 days or 7+ months of water supply.

“Council Votes To Open Talks To the Public”, May 2, 1972, The Daily Progress. ( Last night city council changed its mind from a previous decision to keep the talks secret to holding them in public sessions… “Probably we’ve learned a lesson,” said councilman Francis Fife. “I think now we would have been farther along if they’d been open.” … “It was thoroughly legitimate to do this kind of negotiating in private, but it has not worked,” said councilman Kenneth E. Davis. “I think we’d better go public.” )


Rivanna Four Party Agreement 1972-2012
(Transcribed and slightly abridged. Actual agreement is scanned document.)

PREAMBLE

This agreement, made as of the 12th day of June, 1973, by and between [1] CITY OF CHARLOTTESVILLE, [2] ALBEMARLE COUNTY SERVICE AUTHORITY, [3] BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY and [4] RIVANNA WATER AND SEWER AUTHORITY, a public body politic and corporate duly created pursuant to the Virginia Water and Sewer Authorities Act (Rivanna), provides that:

[A] WHEREAS
[1] CITY owns and operates water supply and wastewater treatment facilities which furnish water and provide waste water treatment for all of the City and certain outlying areas in the County, and
[2] County, acting through the Service Authority, owns and operates water supply and waste water treatment facilities which furnish water and provide waste water treatment for certain areas in the County; and

[B] WHEREAS in the interest of efficient water quality management for the upper Rivanna Basin, the City and County caused Rivanna to be formed on June 7, 1972,
[1] for the purpose of acquiring, financing, constructing, and maintaining facilities for developing a supply of potable water for the City and County and
[2] for the abatement of pollution resulting from sewage in the upper Rivanna River Basin; and

[C] WHEREAS the parties desire to enter into this agreement to provide for:
[1] acquisition of certain existing facilities,
[2] construction of new facilities, and
[3] financing, operation and maintenance of all such facilities, and
[4] recognize that this Agreement will be used to facilitate the obtaining of interim financing and the issuance of revenue bonds by Rivanna to finance a portion of the cost of such acquisition and construction;

[D] NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

ARTICLE I: Definitions and Warranties

Section 1.1. Definitions

“Act” shall mean Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia 1950, as amended).
“Bonds” shall mean revenue bonds issued by Rivanna to obtain funds, together with other available funds, to pay the cost of the Project and shall include any notes or other obligations issued for such purpose.
“City” shall mean City of Charlottesville.
“Cost”, when used with respect to the Project, shall have the meaning specified in Sections 15.1-1240(m) and (n) of the Act.
“County” shall mean Albemarle County and its Board of Supervisors.
“Points of Delivery” shall mean such points as Rivanna may establish from time to time for delivery of treated water to or receipt of wastewater from the City and Service Authority.
“Political Subdivisions” shall mean the City, the Service Authority, and the County.
“Project” shall mean facilities to be acquired by Rivanna pursuant to Article III, whether by purchase, lease, or otherwise, and facilities to be provided by Rivanna pursuant to Article IV, as the same may from time to time exist.
“Rivanna” shall mean Rivanna Water and Sewer Authority, a public body politic and corporate duly created pursuant to the Act.
“Service Authority” shall mean Albemarle County Public Service Authority, a public body politic and corporate duly created pursuant to the Act.
“Trustee” shall mean the trustee under the resolution or indenture authorizing or securing the Bonds.

Section 1.2. Representation and Warranties

Each of the parties represents and warrants that it has full power and authority to enter into and perform this Agreement.

ARTICLE II: Term of Agreement

Section 2.1. Initial Term

This Agreement shall be in full force and effect from the date of its execution until June 30, 2012; provided, however, that if on such date the Bonds have not been paid or provision made for their payment the term of this Agreement shall continue until the Bonds shall have been paid or provision made for their payment.

Section 2.2. Continuation of Agreement

This Agreement shall continue in effect beyond June 30, 2012, until terminated by the City, County, Service Authority, OR County. No such termination shall become effective until two years after written notice to each of the parties.

ARTICLE III: Acquisition of Existing Facilities

Section 3.1. Agreement to Acquire

Rivanna agrees to acquire and the Political Subdivisions agree to sell, lease, or otherwise make available to Rivanna the water impoundment, production, transmission, and storage facilities, and the wastewater interception and treatment facilities set forth herein.

Section 3.2. City Facilities – Water

(a) City will sell and Rivanna will purchase water production, transmission and storage facilities described in EXHIBIT 1. Pending consummation of such sale and purchase, City will lease such facilities to Rivanna.

(b) City will assign and Rivanna will accept the City’s rights under a ground lease between the City and University of Virginia dated April 18, 1972, whereby UVA leases to City the site on which is located City’s Observatory Mountain Filtration Plant; provided City will continue to furnish water to UVA pursuant to such ground lease as may from time to time be in effect. City will sell and Rivanna purchase this facility other than land. Pending consummation of such sale and purchase, City will lease such facilities to Rivanna.

(c) City will lease to Rivanna for the term of this Agreement all water rights in and to the Sugar Hollow Reservoir, the two Ragged Mountain Reservoirs, and South Rivanna Reservoir, which rights shall be the right to maintain and operate all impoundment and pumping facilities, and the right to withdraw all water that may be available. Rivanna will undertake to maintain all dams and other facilities at such reservoirs for production of water but will not be required to maintain areas at such reservoirs used for municipal purposes.

Section 3.3. City Facilities – Wastewater

(a) City will sell and Rivanna purchase the wastewater interception and treatment facilities describe in EXHIBIT 2. Pending sale/purchase, City will lease to Rivanna.
(b) City will lease to Rivanna the Riverside Pump Station and Meadow Creek Wastewater Treatment Plant until Rivanna has placed its proposed advanced wastewater treatment plant into operation.

Section 3.4. Service Authority Facilities – Water

(a) Service Authority will sell / Rivanna purchase water production, transmission, and storage facilities described in EXHIBIT 3. Pending sale/purchase, Service Authority will lease to Rivanna.
(b) Service Authority will assign / Rivanna accept Service Authority’s rights under agreement with County to use the wells, pumps, and other facilities at Mint Springs.
(c) Service Authority will lease to Rivanna wells, pumps, and other facilities at Flordon, Jefferson Village, Colthurst and West Leigh for so long as needed by Rivanna.
(d) Service Authority assign / Rivanna accept rights Service Authority may have to Beaver Creek Reservoir and Totier Creek Reservoir.
(e) County will join in each sale or lease to the extent of its interests, if any, in any of such facilities.

Section 3.5. Service Authority Facilities – Wastewater

(a) Service Authority will sell / Rivanna purchase wastewater interception and treatment facilities described in EXHIBIT 4. Pending sale/purchase, Service Authority will lease to Rivanna.

(b) Service Authority will lease to Rivanna the Brownsville School, Berkeley, and Woodbrook wastewater treatment facilities for so long as needed by Rivanna.

Section 3.6. Consummation of Sales and Purchases

The sale and purchase of each of the facilities enumerated in Sections 3.2 through 3.5, inclusive, shall be consummated ten years from date of this Agreement or at such later time as the debts, if any, of City or Service Authority on such facilities shall have been paid or provision made for their payment. At each closing Rivanna shall pay the purchase price as determined in Section 3.7 and City, Service Authority, or
County shall deliver:

(a) good and sufficient deed(s) in form reasonably satisfactory to Rivanna conveying to Rivanna, with special warranty, fee simple title to all real estate constituting a part of such facilities;
(b) assignment(s) to Rivanna all other interests in real estate constituting a part of such facilities;
(c) bill(s) of sale conveying to Rivanna all tangible personal property constituting a part of such facilities;
(d) all engineering data and other records relating to such facilities;
(e) such other documents transferring title of any part of such facilities from City, Service Authority, or County to Rivanna which Rivanna shall reasonably determine necessary or desirable.

Section 3.7. Purchase Price

Sale and purchase price shall be their fair value as of the date of this Agreement as determined by Paul B. Krebs and Associates and McNair and Associates, consulting engineers, less amounts paid to City or Service Authority pursuant to Section 3.8 for debt retirement. If engineers unable to agree on fair value within one year of this Agreement, the two consulting engineers shall select a third, and the decision of two of the three shall be binding. All expenses determining fair values shall be divided equally between City, Service Authority and Rivanna. Payment of such purchase price by Rivanna shall be either from excess operating revenues or from borrowed funds AND use of funds from either source may be limited by resolution or indenture authorizing and securing the Bonds. If payment is not made when due and payable, the unpaid purchase price shall bear interest from such due date at 6% per year until paid.

Section 3.8. Lease of Facilities

As consideration for lease of facilities enumerated in Sections 3.2 through 3.5, inclusive, Rivanna shall pay to City or Service Authority an annual rental of $1.00 plus an amount sufficient to pay the debt service to such facilities and coming due within the next succeeding twelve months. Each lease shall require Rivanna to maintain such facilities in good working order. In the event City or Service Authority is prohibited from entering into leases of any such facilities, it shall make every effort to eliminate such prohibition and, if unable to do so, it shall enter into use agreements or make similar arrangements under which Rivanna may operate such facilities as part of its regional facilities for water impoundment, production, transmission and storage and wastewater interception and treatment. County shall join in any such lease, use agreement, or similar arrangements to the extent of its interests.

ARTICLE IV: Construction of New Facilities

Section 4.1. New Facilities

(a) Rivanna will provide the additional water facilities described in EXHIBIT 5, and
(b) Rivanna will provide the additional wastewater treatment facilities described in EXHIBIT 6, as the same may be modified to meet requirements of appropriate regulatory bodies. Rivanna shall also undertake the provision of such additional facilities as may be agreed upon from time to time by City, Service Authority and Rivanna.

Section 4.2. Payment for New Facilities

Obligation of Rivanna to provide the facilities described in Section 4.1 is limited to funds available to it from time to time for such purpose. Rivanna shall be under no obligation to provide funds for such purpose except in accordance with Section 5.1 Sale of Bonds.

Section 4.3. Additional Facilities

In the event City or Service Authority determines need for additional water impoundment, production, transmission and distribution facilities or wastewater interception and treatment facilities, Rivanna shall provide the requested facilities at the sole cost of City or Service Authority, as the case may be.

ARTICLE V: Obligations of Authority

Section 5.1. Sale of Bonds

Rivanna shall, as soon as practicable and with all reasonable dispatch, issue and sell Bonds pursuant to the Act in an amount, together with other available funds, sufficient to pay the cost of constructing and placing the Project into operation; provided, however, that nothing contained in this Agreement shall require Rivanna to issue Bonds except upon terms deemed reasonable by Rivanna.

Section 5.2. Acquisition and Construction of Project

Rivanna shall, as soon as practicable and with all reasonable dispatch after the necessary funds are made available, acquire, construct, and place the Project into operation.

Section 5.3. Production and Delivery of Water

Rivanna shall produce and deliver potable water to City and Service Authority at Points of Delivery in accordance with their needs and within the limitations of available supply. Rivann shall provide water to City and Service Authority in quantities and pressures at least equal to the quantities and pressures available on the date hereof.

Section 5.4. Acceptance and Treatment of Wastewater

Rivanna shall accept and treat all sewage delivered by City and Service Authority at Points of Delivery up to their respective allocated plant capacities in accordance with rules and regulations adopted by Rivanna. Rivanna shall be under no obligation to treat wastewater delivered by City or Service Authority in escess of their allocated daily plant capacities.

Section 5.5. Operation of Project

Rivanna shall operate and maintain the Project in an efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies.

Section 5.6. Adoption and Enforcement of Rules and Regulations

Rivanna shall adopt and enforce such reasonable rules and regulations as may be necessary or desirable to insure the efficient operation and maintenance of its facilities and compliance with applicable regulations and orders of regulatory bodies.

ARTICLE VI: Obligations of the Political Subdivisions

Section 6.1. Rivanna to Produce All Water

The Political Subdivisions shall not produce or sell potable water from any source other than Rivanna.

Section 6.2. Rivanna to Treat All Wastewater

All publicly owned wastewater treatment facilities in the Political Subdivisions, EXCEPT (a) facilities of the Albemarle County School Board and Commonwealth of Virginia and (b) septic tank tile field systems, shall be operated by Rivanna. City and Service Authority shall deliver to Rivanna at Points of Delivery all wastewater collected by them and shall not permit or provide treatment of wastewater collected by them in any other manner.

Section 6.3. Limitation on Plant Capacity

City and Service Authority each covenants and agrees not to exceed its plant capacity as allocated from time to time. At such time as City or County and Service Authority are advised by Rivanna that the average flow of City or Service Authority, for any three consecutive months has reached 95% of its allocated daily plant capacity, City or County shall suspend the issuance of construction permits in affected area until capacity is increased by reason of reallocation or it is advised by Rivanna that additional wastewater may be delivered to Rivanna.

Section 6.4. Payment of Charges

City and Service Authority each covenants and agrees to pay promptly when due the charges of Rivanna pursuant to Article VII; provided City and Service Authority shall not be obligated to pay except from revenues received from users of its water and sewerage systems and available to them for such purposes, including availability, connection, consumption and service charges or fees and any other revenues of such systems. City and Service Authority each covenants and agrees to fix and collect from users charges sufficient to make the payments. Rivanna shall provide information as to minimum charges necessary for required payments.

Section 6.5. Observance of Regulations

Political Subdivisions each covenant and agree to observe all reasonable rules and regulations in accordance with Section 5.6 or legally required by authorized regulatory body.

ARTICLE VII: Rates and Charges

Section 7.1. Rates in General

Rivanna shall fix and determine rates for water to and wastewater from City and Service Authority, sufficient to pay (a) cost of operation and maintenance of Project including debt service and cost of replacements and improvements, and (b) principal, premium, if any, and interest on the Bonds as they become due, and reserves therefor.

Section 7.2. Rates for Urban Area

Rivanna shall establish an urban area to include all of City and portions of County. Boundaries may be changed from time to time. Rivanna shall establish rates for furnishing water to and treating wastewater from urban area as follows:

(a) Water rates shall be uniform throughout urban area except subsection (c) below.
(i) Rivanna shall compute cost per 1,000 gallons for operation and maintenance of facilities for impoundment, production, treatment, and transmission of water.
(ii) Rivanna shall compute cost per 1,000 gallons for debt service on existing facilities to be acquired in Section 3.2 and 3.4 and cost of new facilities pursuant Section 4.1. Water rate per 1,000 gallons shall be determined on basis of sum of operational costs and debt service figures.

[ (i) + (ii) = (Total operational cost + Total debt service) / Total gallons = Price per gallon water ]

(b) Wastewater treatment rates shall not be uniform.
(iii) Rivanna shall compute cost per 1,000 gallons for operation and maintenance of facilities for interception and treatment of wastewater, which rate will be same for City and Service Authority.
(iv) Rivanna shall compute cost per 1,000 gallons for debt service on existing facilities to be acquired pursuant Sections 3.3 and 3.5 and cost of new facilities to be constructed pursuant Section 4.1 on a basis whereby City pays one-half as much as Service Authority. Wastewater treatment rate per 1,000 gallons shall be determined on basis of sum of operational costs and debt service figures.

[ (iii) + (iv) = (Total operational cost + Total debt service) / Total gallons = Price per gallon sewage ]

[Multiply by 1,000 to find Price per 1,000 gallons ]

City
((1/2)Total operational cost + (1/3)Total debt service + city request) / Total gallons = Price per gallon sewage]

Service Authority
((1/2)Total operational cost + (2/3)Total debt service + county request) / Total gallons = Price per gallon sewage ]

[Multiply by 1,000 to find Price per 1,000 gallons ]
[Corrected 2-22-2009 to add (1/2) factor Total operational cost because City, Service Authority each pay half the Total operational cost.]

(c) In the case of (1) Powell’s Creek Interceptor and (2) additional water impoundment, production, transmission or distribution facilities or wastewater interception or treatment facilities provided by Rivanna at request of City or Service Authority pursuant Section 4.3, the full amount of debt service thereon shall be added to the water or wastewater treatment rates in accordance with subsections (a) or (b).

Section 7.3. Rates in Other Areas

Rivanna shall establish separate rates for water now being furnished and wastewater now being treated at Brownsville, Crozet, Scottsville and other areas in County outside urban area to which Rivanna may in the future provide water or from which treat wastewater.

Section 7.4. Uniformity in Debt Service Charges

The parties recognize there will be substantial variations from year to year in cost per 1,000 gallons for both water and wastewater treatment for debt service on existing facilities to be acquired and new facilities to be constructed. In an effort to maintain reasonable uniformity of rates from year to year, Rivanna will, to the best of its ability, compute such debt service charges at a uniform rate throughout ten year periods from the date of this Agreement. Rivanna agrees to apply excess collections in certain years to make up deficiencies when debt service costs exceed debt service revenues.

Section 7.5. Determination of Charges

Water and wastewater treatment charges shall be determined by applying the rates pursuant Sections 7.2 and 7.3 to the total amount of water delivered to City and Service Authorityas obtained by their respective customer meter readings.

Section 7.6. Payment of Charges

Rivanna may present charges based on budget estimates, subject to adjustment on basis of independent audit at end of each fiscal year. All charges of Rivanna shall be payable upon presentation. In the event City or Service Authority shall fail to make payment in full within 30 days after presentation, interest on unpaid amounts shall accrue at highest rate of interest payable by Rivanna on any Bonds then outstanding. Rivanna shall bill City and Service Authority, and no one else, for water furnished and wastewater treated.

ARTICLE VIII: Miscellaneous

Section 8.1. Amendments

This Agreement will constitute an essential part of Rivanna’s financing plan and that, after Bonds have been sold, this Agreement cannot be amended, modified, or otherwise altered in any manner that will impair or adversely affect the security for payment of principal, premium, and interest on Bonds,; but this Agreement can be modified or amended only with consent of the Political Subdivisions, Rivanna and the Trustee given in accordance with resolution or indenture under which it has been designated.

Section 8.2. Books and Records

Rivanna shall keep proper books and records with accepted accounting practices which shall be available for inspection at all reasonable times by the Political Subdivisions through their duly authorized agents. Rivanna shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing bodies.

Section 8.3. Transfer of Customers

To the extent permitted by existing Bond resolutions and other contractual obligations, City will offer to Service Authority all existing customers of City located in County, and upon any enlargement of City’s boundaries, Service Authority will offer to City all existing customers of Service Authority located in City. As part of any such offer City or Service Authority will offer to sell to the other party all of its facilities which provide service with respect to any customers to be transferred. Purchase price of any such facilities shall be fair market value as part of a going business, which shall be determined by appraisal in manner prescribed in Section 3.7. City or Service Authority will have six months after date of offer, which shall state purchase price, to accept an pay for or reject. Rejection of any offer shall be final. If Service Authority rejects offer of City, City shall be entitled to serve exclusively those areas so delineated on a map entitled “Service Areas”, and on a map entitled “Service Area Boundary Line”, attached as EXHIBITS 7 and 7b [Missing from electronic copy of Agreement sent to Blair Hawkins by Rivanna Feb. 10, 2009] and as further described in EXHIBIT 7c attached.

Section 8.4. Successors and Assigns

This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their successors and assigns.

Section 8.5. Severability

If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provision hereof.

Section 8.6. Counterparts

This Agreement shall be executed in several counterparts, any of which shall be regarded for all purposes as one original.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and their seals to be affixed and attested by their duly authorized officers, all as of the date first above written: [June 12, 1973]


CITY OF CHARLOTTESVILLE
Francis H. Fife, Mayor

ALBEMARLE COUNTY SERVICE AUTHORITY
(Illegible) Chairman

BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY
(Illegible) Chairman

RIVANNA WATER AND SEWER AUTHORITY
(Illegible) Chairman

[Please post a comment or send an email if you know the signatories or find any other errors or confusion.]


EXHIBIT 1: Water Production, Storage and Transmission Facilities to be Acquired by Rivanna from City

1. Mechum’s River Raw Water Pump Station.
2. One 18-inch transmission line from Sugar Hollow and Mechum’s River to the Ragged Mountain Reservoirs.
3. One 18-inch raw water transmission line from Ragged Mountain to Observatory Mountain Filtration Plant.
4. One 18-inch raw water transmission line from Ragged Mountain to Observatory Avenue and Southern Railroad and the 16-inch line from that point to Observatory Mountain Filtration Plant.
5. The Royal and Stadium Pump Stations.
6. South Rivanna Water Filtration Plant and Storage Tanks.
7. One 16-inch finished water transmission line from Observatory Mountain Filtration Plant to Lambeth Field Pump Station, but not including Lambeth Field Pump Station.
8. One 24-inch finished water transmission line from South Rivanna Plant generally paralleling U.S. 29 to Rio Road.
9. One 18-inch finished water transmission line from Rio Road and U.S. 29 to Melbourne Road.
10. One 18-inch finished water transmission line from Rio Road and U.S. 29 to Hydraulic Road.

EXHIBIT 2: Existing Waste Water Treatment and Interception Facilities to be Acquired by Rivanna from City

1. Moores Creek Wastewater Treatment Plant and its necessary appurtenances.
2. One 30-inch interceptor sewer (Meadow Creek) extending from existing Moores Creek Treatment Plant to the site of the old Moores Creek Treatment Plant.
3. One interceptor sewer (Meadow Creek) varying in size from 21 inches to 36 inches extending from Emmett Street to Meadow Creek Wastewater Treatment Plant.
4. One intercepting sewer (Schenks Branch) varying in size from 18 inches to 21 inches, and extending from McIntire Road and Preston Avenue to Meadow Creek Interceptor.

EXHIBIT 3: Water Production, Storage and Transmission Facilities to be Acquired by Rivanna from Albemarle County Service Authority

1. North Rivanna Water Production facilities including the diversion dam, Filtration Plant and storage tank at Filtration Plant.
2. One 12-inch finished water transmission line running from the North Rivanna Plant to U.S. 29.
3. One 12-inch finished water transmission line from U.S. 29 North to Piney Mountain.
4. The 700,000 gallon storage tank on Piney Mountain.
5. One 12-inch transmission line running South along U.S. 29 and West to Stillhouse Mountain and the 700,000 gallon storage tank on Stillhouse Mountain.
6. Beaver Creek Pumping Station.
7. One 12-inch raw water transmission line from Beaver Creek Pumping Station to the Crozet Filtration Plant.
8. Crozet Filtration Plant including the 500,000 storage facility including the right to use the wells at Mint Springs.
9. One 12-inch finished water line from Crozet Filtration Plant to its terminal point.
10. One 10-inch raw water line from Scottsville Reservoir to Scottsville Filtration Plant.
11. The Scottsville raw water pump station.
12. Scottsville Water Filtration Plant and its necessary appurtenances.
13. One 10-inch finished water transmission line from Scottsville Filtration Plant to the 250,000 gallon standpipe.
14. The 250,000 gallon Scottsville standpipe.

EXHIBIT 4: Existing Wastewater Treatment and Transmission Facilities to be Acquired by Rivanna from Service Authority

1. Central Scottsville Pump Station (located in vicinity of lagoon) with its respective force main.
2. Scottsville Lagoon and its appurtenances.
3. Wastewater Treatment Plant at Camelot.

EXHIBIT 5: Future Water Impoundment, Production and Transmission Facilities to be Constructed by Rivanna

1. Construction of a finished water transmission main connecting South Fork System in vicinity of Hydraulic Road and Route 29 North to the existing Observatory System in vicinity of Lambeth Field.
2. Construction of a finished water transmission main from an existing transmission main in vicinity of Penn Park Road along Rivanna River terminating on Pantops Mountain and including a finished water storage tank on Pantops Mountain.
3. Construction of a 12-inch finished water line from existing Stillhouse Mountain finished water storage tank to serve the West Leigh-Flordon area; line terminating in vicinity of the crossing of West Leigh Drive and Little Ivy Creek.
4. Construction of an additional finished water storage tank at Crozet in vicinity of Buck Mountain Road and Railroad Avenue as well as construction of approximately 8,500 feet of finished water transmission main from the existing 12-inch main in State Route 240 to the proposed water storage tank.

EXHIBIT 6: Proposed Wastewater Treatment and Interception Facilities to be Constructed by Rivanna

1. Interim modifications to the Moores Creek and Meadow Creek Wastewater Treatment Facilities to provide for increased capacity as an interim solution until the Regional Plant is available in 1977.
2. Construction of a pumping station at confluence of Powell Creek and Rivanna River with its respective force main and receiving gravity interceptor sewer to receive wastewater from Powell Creek area and transmit to Meadow Creek Wastewater Treatment Plant. This pumping station will be phased out upon completion of Rivanna Interceptor and Regional AWT (Advanced Wastewater Treatment) Plant.
3. Construction of Moores Creek Interceptor from terminal point to existing 30-inch line near Rougemont Avenue and Quarry Road to Sunset Avenue to eliminate three pumping stations presently on the line and to otherwise relieve the presently overloaded Moores Creek Intercepting Sewer.
4. Construction of an interceptor sewer from Berkeley Wastewater Treatment Plant to existing Meadow Creek Interceptor Sewer to relieve the overloaded Berkeley facility with diversion to Meadow Creek Wastewater Treatment Plant until Rivanna Interceptor and Regional AWT Plant are available.
5. Construction of a pumping station with its respective force main and gravity intercepting sewer from Albemarle High School to the intercepting sewer in No. 4 above to allow abandonment of the existing septic tank-sand filter system presently serving Albemarle High School and Jack Jouett Jr. High School.
6. Construction of an intercepting sewer from existing Woodbrook Lagoon to confluence of Powell Creek and Rivanna River to enable eventual abandonment of Woodbrook Lagoon upon completion of Rivanna Interceptor and Regional AWT Plant.
7. Construction of a 20 MGD AWT Plant (first stage 15 MGD) at or near confluence of Moores Creek and Rivanna River to provide the region with a single treatment facility to treat wastewater from the upper Rivanna River Basin. The design of this plant may incorporate the present Moores Creek Plant.
8. Construction of the Rivanna Interceptor from the proposed Regional AWT Plant parallel to Rivanna River and extending along South Fork Rivanna River to U.S. 29 eliminating the need for existing Meadow Creek and Berkeley Wastewater Treatment Plants and the proposed Powell Creek pumping station.
9. Construction of an interceptor on Morey Creek connecting the Moores Creek Interceptor at Sunset Avenue and extending to U.S. 250 West to carry discharges from the area South and West of City including Ednam Forest, and will carry the discharges from Crozet to Regional AWT Plant via Moores creek Interceptor.
10. Construction of an interceptor, pumping stations and force mains from the Morey Creek Interceptor to the Crozet-Brownsville community to carry discharges from Crozet to Regional AWT Plant via the Morey and Moores creek Interceptors.
11. Construction of an interceptor along Powell Creek from its confluence with Rivanna River to the Northside School to carry discharges from the school to the proposed Powell Creek pumping station until such time the Rivanna Interceptor and Regional AWT Plant are operational, at which time, this interceptor will carry the discharges from Northside School to Regional AWT Plant via Rivanna Interceptor.

EXHIBIT 7a: Map of Service Area (Unavailable)

EXHIBIT 7b: Map of Service Area (Unavailable)

EXHIBIT 7c: (6 pages) DESCRIPTION OF BOUNDARY LINE OF SERVICE AREAS AS SHOWN ON EXHIBIT 7B (See 42-page Adobe file of scanned 1972 Four Party Agreement.)

Latest Archive Request on WINA

Charlottesville, Va.—Today I made my first call to the Schilling Show on WINA. I asked Councilor Holly Edwards to use her position to help get published the Housing Authority urban renewal archives. Below is my email to Edwards and her fellow city councilors. Also is an abbreviated timeline of local urban renewal and the sustained, public efforts on my part to preserve the remaining history by photographing and publishing the archives. Currently this blog has more on Charlottesville’s urban renewal than any other online source.

Dear Holly Edwards, Charlottesville City Council:

Thanks for taking my call today on the Rob Schilling Show. I hope you are able to follow through with success in having the Redevelopment and Housing Authority historical archives published onto the Internet. According to Dr. Scot French of the Virginia Center for Digital History at the University of Virginia in a Nov. 2007 phone call, the archives have been scanned into digital format and the original documents have been returned. However, there’s still no mention of this project on the VCDH website.

In January 2009, the Carter G. Woodson Institute at UVA, to whom the archives were originally donated, confirmed that they had given the archives to Dr. French. I sent a copy of this latest inquiry to Dr. French through the VCDH, but have not received a response. If the archives cannot be posted online, I can make an appointment to copy them onto CD or DVD, or begin the process anew by scanning or photographing whatever documents survive.

The archives comprise 6,845 documents and 1,189 photographs, according to Luann Williams at a presentation Feb. 24, 2007. Dr. French also spoke on Vinegar Hill history at this presentation at First Baptist Church on West Main, site of the original Jefferson School 1865 in the old Delevan Hotel and Civil War Hospital.

Below is a timeline listing a few highlights of urban renewal locally and my efforts. I hope you have success where I and others have not. Please let me know by email, phone or mailing address the results of your efforts on this matter.

Sincerely,
Blair Hawkins

Email: healingcharlottesville@yahoo.com
Phone:
Address:

Timeline of Urban Renewal and Archive Pursuit

1954 – Charlottesville Redevelopment and Housing Authority created by referendum.

1960 – Vinegar Hill urban renewal referendum.

1964 – Westhaven public housing at site of Cox’s Row. Vinegar Hill clearance completed and vacant for next 20 years. Omni Hotel, originally the Radisson, was built 1980s and continues to be subsidized by the city.

1967 – Triple referendum for Garrett Street Urban Renewal, now called the Warehouse District. Urban renewal (redevelopment or public housing) for Garrett Street first developed 1860 and site of town’s first public school 1870, South First and Sixth Street SE (Old Scottsville Road), and Ridge Street Revised (backyards of eastside of Ridge). Ware Street, site of Garrett Square / Friendship Court, not part of referendum.

1968 – Mitch Van Yahres first elected to City Council. Elected to House of Delegates 1981.

1970 – First HUD subsidy $3 million for Garrett Street project, 50+ acres.

1972 – First wave of demolitions to remain parking lots for decades. Includes Madam Marguiretta de Crescioli’s opulent bordello 1922-1951 at 303 Fifth St. SE and Levy Avenue now a parking lot the Housing Authority has stepped up efforts to sell in recent years.

1973 – Satyendra Huja becomes city’s urban planner and is elected to City Council Nov. 2007. “Urban renewal planner Huja runs for Council”, Apr. 8, 2007. In comments, Huja denies his involvement with urban renewal by invoking the Vinegar Hill myth. At this early point in the campaign, he didn’t know I was the nephew of Thomas Dowell, who ran 3 times for Council in 1970s on anti-urban renewal platform.

I wanted to comment on your blog about me. I would like to correct some incorrect facts you have in this blog. You credit me with the Vinegar Hill urban renewal project and dislocation of families. This is to inform you that these actions happened in the 1960's long before I arrived in Charlottesville in 1973. I would appreciate you correcting these factual errors.

For further information please see my campaign website.

http://www.hujaforcouncil.org

I would be happy to discuss this with you if you wish.

Satyendra Singh Huja

Hawkins’ response:

Thanks for your feedback. I did not credit you with Vinegar Hill urban renewal. Specifically, I said "non-Vinegar Hill urban renewal" and Midway Manor. Most notably, I refer to what you call:

"Rickety shacks rattled in the wind that blew through the weedy fields on the other side of the tracks - a black and white photograph of one of them hangs across the room from his desk, where he can see it every day. "I keep it here to remind me," he said. "What we do here has meaning in people's lives."("A Matter of Balance" by Theresa Reynolds Curry. Courtesy Real Estate Weekly.)

Here are a few photos of what you call "rickety shacks". This street and its side streets were razed in 1977. Numerous public housing projects were built while you were planner. I'm not saying these events were your fault literally. But how can you have so much experience and not remember anything? Original Time Machine to Heal the Wounds of Urban Renewal

I agree, what you do has meaning in people's lives. This demographic was invisible then, and we still are.

1974 – Feb. Council vote approves Pedestrian Mall as part of “Downtown Renewal.” 2 councilors in favor (Van Yahres, Charles Barbour), 3 abstain (Francis Fife, Jill Rinehart, George Gilliam).

1977 – Ware Street razed, had been seized early ‘70s and rented out, in some cases to families who had owned the houses. Debate for elderly high-rise to be at top of Vinegar Hill site of Midway School (Charlottesville High School) or in “Garrett Street Urban Renewal Area”. Midway Manor was built in parking lot of Midway School demolished. Crescent Halls elderly public housing was built 1976 in middle of South First St. $6.2 million grant “to construct a 58-unit housing project on First Street and four other smaller complexes scattered around the city”.

1979 – Garrett Square public housing opens, sold to private sector and becomes subsidized, low-income housing. Purchased 2002 by Piedmont Housing Alliance and renamed Friendship Court.

2000 – Spring. Blair Hawkins runs for City Council. “2000 Revenue Sharing speech on video”, March 10, 2008. Includes speeches by 8 of 9 candidates and summary of Hawkins campaign with documents.

2000 – June 5. First speeches on urban renewal and eminent domain.

“Letter to Mayor Daugherty to investigate Urban Renewal”

“Property Street for Sally Hemings and Laura Dowell”

2001 – Feb. 28. “Free Enterprise Monument Instead of Free Speech Wall”, The Observer Constitutional argument in a newspaper.

2001 – Aug. 27. The Witness Report pamphlet/newspaper debuts. Includes all 19 pages and 4 pages of “Letters of Charlottesville” which, Sep. ’02, broke the story that 1977 drought was worst on record and first mandatory conservation.

2002 – Jan. Original Time Machine To Heal The Wounds Of Urban Renewal. Includes photos.

Index of articles posted 2002 including Jefferson School.

2002 – Feb. 22. “Five Letters Endorse Bern Ewert’s Urban Renwal Involvement.”

2002 – Feb. 26. “Bern Ewert Responds to Urban Renewal Association - HealingCharlottesville Stands Firm and Connects Renewal to Fifth Amendment”.

2002 – Aug. 20. “Housing Authority is controversial because of urban renewal’s history”, The Daily Progress

“Urban renewal is the big story today not because it was wrong or unjust, but rather because of the excessive number of historic buildings destroyed and because half the population moved away, taking their oral and documented histories with them. As a result, Charlottesville has suffered a major break with its recent and distant past.”

2003 – Hawkins Campaign for House of Delegates against Mitch Van Yahres record of supporting urban renewal, inlcudes timeline and documents. Hawkins failed to win Republican nomination, Democrat Van Yahres ran unopposed in his final campaign. Mar. 5, 2005 Van Yahres announced his retirement on Hawkins birthday in Hawkins’ childhood neighborhood torn down while Van Yahres was on City Council.

2004 – Feb. Time Machine To Heal The Wounds Of Urban Renewal website is archived. Hawkins begins posting reports and essays to Charlottesville Independent Media, which became defunct early 2006. First story: “Is Buck Mountain Reservoir eminent domain abuse?”

2004 – Mar. 25. Initial request to view the Housing Authority archives. Republished with this article (scroll down).

2005 – Jun. 23. Supreme Court ruling in Susette Kelo case in New London, CT. Suddenly Hawkins’ unique political views didn’t seem so unique. On same day, Council interview of School Board applicants for last appointed school board in Charlottesville’s history. Hawkins cites his eminent domain campaign as an example that he can follow an issue over the long term.

2005 – Nov. 21. Council votes 4-1 to approve Charter Amendment Sec. 50.7 to expand urban renewal powers. Must be approved by General Assembly.

2006 – Jan. 5. Letter to Delegate David Toscano and Senator Creeigh Deeds in opposition of amendment. Blair’s Blog debuts.

2006 – Jan. 18. “Charlottesville’s affordable housing amendment is amended: Officials back off eminent domain”.

2006 – Jul. 17. “An Inconvenient Truth”: Report from Housing Authority: Update on archives, HUD request. Includes photos of 10 unidentified properties I was allowed to photograph June 2005 and 8 photos of 6 houses on Ware Street I photographed August 2005.

In response to a Freedom of Information Act (FOIA) request I filed July 26, 2005, the U.S. Department of Housing and Urban Development responded in a letter dated November 9, 2005. Holly K. Salamido responded that HUD policy is to destroy whichever archives are the most historic at the time of scheduled archive reduction.

“The records you requested are at least 34 years old and have since been destroyed in accordance with standard records retention schedules,” wrote Salamido.

2006 – Nov. 21. “Council refuses to release urban renewal archives: Jefferson School conflict of interest: Blighted House has until Feb. 15”. Includes “Housing Authority archives out on loan for preservation”, Mar. 29, 2004, Charlottesville Independent Media.

2006 – Dec. 4. “Origins of Jefferson School and Public Education in Virginia”.

2006 – Dec. 11. “Urban renewal archives now open to public by appointment”. Letter from Assistant City Manager Rochelle Small-Toney and Hawkins’ response.

2007 – Feb. 25. “First Baptist Church site of first Jefferson School”. Dr. Scot French, UVA historian and director of Virginia Center for Digital History, gives 2-hour lecture on pre-1950s Vinegar Hill history. Luann Williams says the archives comprise 6,845 documents, 1,189 photos and 189 blueprints and maps. Small-Toney says she knew about 1865 date of Jefferson School despite telling newspapers the 1894 date of the 4th schoolhouse and repeating that date to the Historical Society’s quarterly meeting.

2007 – May 23. “Asst city manager Small-Toney resigns, blocked access to public records”.

2007 – Feb. 12. “Update on urban renewal archives: 287 more photos”.

2007 – Jun. 3. “Democrats nominate Huja, Edwards, Brown: Challengers Seam, McKeever to remain active”.

2007 – Jul. 16. “Jefferson School: The Original Model for Public Education in Virginia”. Letter to Daily Progress and speech before Council. Progress declines to print the letter because it’s “Fact-based.”

2008 – Jan. 8. “2007: The Jefferson School Rule”.

2008 – Jan. 12. “2007: Virginia Reforms Eminent Domain”.

2008 – Jan. 28. “2007: Levy Avenue one of Many Stories”.

2009 – Jan. 6. Email from Carter G. Woodson Institute in response to latest inquiry. Copy sent to Dr. Scot French through Virginia Center for Digital History contact page.

Dear Blair Hawkins,

I regret that I can't be of much help to you concerning your request for information about the Charlottesville Urban Renewal Archive Study. Luann Williams is currently out of the office (we are still effectively on Winter Break), and Scot French, with whom she worked on this project, is currently in Ghana, conducting a January Term course for the College. This Charlottesville Urban Renewal Archive Study was begun (and obviously completed) prior to my arrival as director of the Institute.

I can verify that the Carter G. Woodson Institute does not hold any public archives and thus none of the files referenced below are in our possession. Most of the research carried out under the banner of the Woodson Institute, during Professor French's tenure here, is now available through the Virginia Center for Digital History, Scot French director, so I would suggest you contact him some time after mid January when he will have returned from Ghana. I'm suggesting that you contact Scot French, rather that Luann Williams, simply because she was a graduate student assistant on the project and Scot, the project director.

Best regards,
Deborah McDowell


Deborah E. McDowell,
Director, Carter G. Woodson Institute
P. O. Box 400162
Charlottesville, VA 22904
434-924-3109
Fax: 434-924-8820

Alice Griffin Professor of English
University of Virginia
402 Bryan Hall
Charlottesville, VA 22903
Office: 434-924-6661
Fax: 434-924-1478


-----Original Message-----
Subject: Charlottesville Urban Renewal Archive Study

January 5, 2008
LuAnn Williams, Graduate Student
Phone: 434-924-8891
Email: law6f@virginia.edu

Deborah McDowell, Director
Phone: 434-924-3109
E-mail: dem8z@virginia.edu

Dear Ms. Williams,

Please give me an update on the urban renewal "Vinegar Hill" study you talked about on Feb. 24, 2007, at First Baptist Church at 632 West Main Street, site of the original Jefferson School in 1865, the model for public schools in Virginia.

At that Historical Society meeting, Mr. Scot French spoke about some of the Vinegar Hill history. I asked French for the study or link to it in Nov. 2007. He said they wouldn't be available until Jan. 2008. I've searched for the study several times in 2008, but with no results.

At the Feb. 2007 meeting, you listed the number of documents that comprise the study.

1,189 visual media files
6,845 physical documents
189 maps and blueprints
6,199 files related to GIS mapping

What is the link to this study? How can I gain access to these public archives in the possession of the Carter G. Woodson Institute? If not online, can you copy these archives to CD's or DVD's for me? In Nov. 2007 French said the actual documents are now back "wherever they came from."

Below are links to my documentation of the meeting where you talked about the project, and a photo of you and French. The second link is un update on my research and its relevance. There's been much resistance to my efforts to study and publish this history and documents. Thank you for your attention to this matter.

Sincerely,
Blair Hawkins

"First Baptist Church site of first Jefferson School", Feb. 25, 2007

"New Urban Renewal Director, Same Old Lies", Dec. 23, 2008

The Carter G. Woodson Institute Course for Spring 2009:

HIUS 403 - Virtual Vinegar Hill: Visualizing an African American Memoryscape (4)
Instructor: Scot French and Bill Ferster

2009 – Jan. 22. “Eugene Williams’ selective civil rights outrage”. Originally comment posted to The Hook. Another instance where this archive pursuit is documented.

Contact Virginia Center for Digital History.

2009 – Feb. 12. Hawkins calls Schilling Show and asks Councilor Holly Edwards for help.

Email the Councilors:

“Holly Edwards” <hollye@charlottesville.org>
“Satyendra Huja” <huja1@comcast.net>
“Dave Norris” <cvilledave@hotmail.com>
“David Brown” <dbrowndc@gmail.com>
“Julian Taliaferro” <iafctreasurer@comcast.net>



Vinegar Hill 1960

Before


After Vinegar Hill clearance at Ridge and West Main, Lewis and Clark Statue.


Charlottesville map 1935 shows Vinegar Hill and Garrett Street urban renewal, Preston Ave. clearance for 4-lane highway to nowhere, West Main St. loss of buildings and business due to zoning, and "Downtown Renewal" Mall.

Madam Marguerite's opulent brothel 1922-1951 at 303 Fifth St. SE. Built 19th century, razed 1972 in Garrett Street clearance.

Palin for President 2012

Sarah Palin for President 2012. Can't do any worse than the one we have now. Sarah Palin's Official Political Action Committee.

"Sarah Palin emerges as leader of Republican Party", Nov. 15, 2008

"Sarah Palin, Hank Williams [Jr] in Richmond", Oct. 13, 2008


Alaska Governor Sarah Palin in Richmond, Va. Oct. 13, 2008.

Eminent Domain amendment moving through state assembly

Charlottesville, Va.- A state Constitutional amendment is moving through the General Assembly. Delegate Rob Bell of the 58th District (northern Albemarle and Greene counties) is the sponsor. Bell also sponsored the 2007 eminent domain reform statute. Because statutes can be changed in any session with a simple majority vote of Delegates and state Senators, there's been a movement to write the reforms into the Virginia Constitution. The House of Delegates has 100 members and the Senate has 40 members.

According to Richmond Sunlight, HJ725 is awaiting a vote in the Privileges and Elections Committee as of Jan. 22, 2009. See also: "2007: Virginia Reforms Eminent Domain", Jan. 12, 2008.


HOUSE JOINT RESOLUTION NO. 725
Offered January 14, 2009
Prefiled January 14, 2009
Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to takings of private property.
----------
Patron-- Bell
----------
Committee Referral Pending
----------
RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:

Amend Section 11 of Article I of the Constitution of Virginia as follows:

ARTICLE I
BILL OF RIGHTS
Section 11. Due process of law; obligation of contracts; taking of private property; prohibited discrimination; jury trial in civil cases.

That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts, [delete]nor any law whereby private property shall be taken or damaged for public uses, without just compensation, the term "public uses" to be defined by the General Assembly;[delete] and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination.

That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five.

[Replace above deleted with]

That the General Assembly shall not pass any law whereby private property shall be taken or damaged without just compensation; nor shall it pass any law pursuant to which private property shall be taken other than for a public use. "Public use" embraces only the acquisition of property where:

(a) the property is taken for the possession, ownership, occupation, and enjoyment of property by the public or the Commonwealth or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein;

(b) the property is taken for construction, maintenance, or operation of
(i) airports, landing fields, and air navigation facilities;
(ii) educational facilities;
(iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities;
(v) judicial and court facilities;
(vi) correctional facilities, including jails and penitentiaries;
(vii) library facilities;
(viii) military installations;
(ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan;
(x) properties of historical significance so designated by the Commonwealth;
(xi) law-enforcement, fire, emergency medical, and rescue facilities;
(xii) sanitary sewer, water, or stormwater facilities;
(xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities;
(xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and
(xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto by the Commonwealth or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein, or by a private entity if there exists a written agreement between the private entity and the Commonwealth or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein that provides for use of the facility by the public;

(c) the property is taken for the creation or functioning of any public service corporation, public service company, or railroad;

(d) the property is taken for the provision of any authorized utility service by a county or municipality, or entity or agency thereof, that provides or operates one or more of the following authorized utility services: gas, pipeline, electric light, heat, power, water supply, sewer, telephone, or telegraph;

(e) the property is taken for the elimination of blight, provided that the property itself is property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is
(i) a public nuisance or
(ii) an individual commercial, industrial, or residential structure or improvement that is beyond repair or unfit for human occupancy or use; or

(f) the property taken is in a redevelopment or conservation area and is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition or the acquisition is by agreement of all the owners.

No more private property may be taken than that which is necessary to achieve the stated public use. If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the entire property for its fair market value as otherwise provided by law, but the condemnor shall not acquire an uneconomic remnant if the owner objects and desires to maintain ownership of the excess property.

Except where property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of any authorized utility service by a government utility corporation, private property can only be taken if
(i) the public interest dominates the private gain and
(ii) the primary purpose is not private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment.

Subject to the foregoing provisions, the limitations contained in this section shall not abrogate any other provision of law that authorizes a condemnor to dispose of property taken for a public use as surplus property, as otherwise provided by general law.