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2007-07-02
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2007-07-02
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6 <br /> Mr. Lynch moved the resolution amending the Blue Ridge Detention Center <br />Agreement, and said he is thankful that we are bringing in another partner. <br /> <br /> Mr. Norris seconded the motion and the resolution was approved by the following <br />vote. Ayes: Dr. Brown, Ms. Hamilton, Mr. Lynch, Mr. Norris, Mr. Taliaferro. Noes: <br />None. <br /> <br />WHEREAS <br />, the Counties of Albemarle, Fluvanna and Greene and the City of <br />Charlottesville (the Original Member Jurisdictions have previously created the Blue <br />Ridge Juvenile Detention Commission(“BRJDC” or the “Commission) and adopted an <br />agreement dated July 1, 1999 (the “Service Agreement”) that established their respective <br />rights and obligations regarding the juvenile detention center financed, constructed and <br />operated by BRJDC; and <br /> <br />WHEREAS <br />, the County of Culpeper wishes to become a Member Jurisdiction of <br />BRJDC, by agreeing to make certain initial payments, and by adopting the Service <br />Agreement and agreeing to be bound by its terms and conditions; and <br /> <br />WHEREAS <br />, the Original Member Jurisdictions wish to amend the Service <br />Agreement to accept and include the County of Culpeper as a Member Jurisdiction of <br />BRJDC, to indicate the terms and conditions under which that will occur, and to make <br />other changes made necessary by Culpeper’s membership; and <br /> <br />WHEREAS <br />, the Commission has recommended approval of Culpeper’s <br />membership by the Original Member Jurisdictions and concurs with the amendments to <br />the Service Agreement; now, therefore be it <br /> <br />Resolved by the Blue Ridge Juvenile Detention Commission, the Boards of Supervisors <br />of Albemarle, Fluvanna and Greene Counties and the Council of the City of <br />Charlottesville that: <br /> <br />I. The Service Agreement is amended by adding the following section: <br /> <br />Section 2.4 Addition of Culpeper as Member. The County of Culpeper shall become a <br />participating Member Jurisdiction, effective July 1, 2007, or the earliest date thereafter <br />that the Commission, the governing bodies of the Original Member Jurisdictions and <br />the Board of Supervisors of Culpeper County all have approved the Service Agreement, <br />as amended to include Culpeper County. Culpeper’s continued membership shall be <br />contingent upon the occurrence of all of the following: <br /> <br />(a) Approval by the holder of BRJDC’s outstanding bonds of the change in <br />Commission membership, as required by the applicable bond documents, which approval <br />the Commission agrees diligently to pursue. <br />(b) Payment by Culpeper County to BRJDC of a one-time, non-refundable “buy-in” <br />amount of Five Hundred Thirty-Four Thousand Seven Hundred Two Dollars <br />($534,702.00), such payment to be made not later than thirty days after approval of the <br />amended Service Agreement by the Commission and all of the Member Jurisdictions. <br />The Commission shall establish a separate fund for future expansion and renovation of <br />the detention facility and shall deposit such payment from Culpeper in that fund, to be <br />held and invested along with any additional amounts the Commission may identify for <br />such purposes. <br />(c) Reimbursement by Culpeper County of expenses for professional services <br />incurred by BRJDC in connection with the addition of Culpeper as a Member <br />Jurisdiction, not to exceed Twenty Thousand Dollars ($20,000.00). <br /> <br />II. The following Sections of the Service Agreement are amended and readopted as <br />shown. <br /> <br />Section 3.10 Majority Required for Commission Decisions. All actions of the <br />Commission may be taken by a majority of all members’ votes, however, that the <br />members representing Albemarle and Charlottesville, or their alternates voting in the <br /> <br />
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