the City of Charlottesville under the terms of the Statute
<br />is required to pay to the County of Albemarle compensation
<br />for damages to the use of the McIntire School occasioned by
<br />the taking within the corporate limits of the City of Charlott-
<br />esville of a large portion of the children now served by
<br />said McIntire.School, which said School is located within
<br />the present corporate limits of the City of Charlottesville,
<br />and not within the territory hereby annexed but is reserved
<br />to the County of Albemarle, doth fix the amount of damages
<br />to the use of said school at the sum of $9,000.00, which said
<br />sum the City of Charlottesville shall pay to the County of
<br />Albemarle for the benefit of the school Board of Albemarle County
<br />within thirty days after the date within which this annexation
<br />herein provided for becomes effectivei to which action of
<br />the Court in assessing damages for impairment of the use of
<br />the said McIntire School and fixing the sum thereof at $9,000.00
<br />the City of Charlottesville excepts on the ground that the Statute
<br />does not contemplate damages for the use of a school building
<br />not located within the annexed territory, but located within
<br />the present corporate limits of the City _)f Charlottesville,
<br />and for the further reason that said damages claimed are .,urely
<br />speculative.
<br />NINTH: Under the provisions of the law the City
<br />is required to assume and provide for the reimbursement to the
<br />county of such just proportions of any existing debt of the
<br />County or districts therein as may be determined by this curt.
<br />(a) There- are outstanding County of Albemarle
<br />obligations on account of schools which as of December 31,
<br />1938, the date at which the annexation herein provided for
<br />shall become effective as hereinafter set forth, amount to
<br />$129,1.76.58; and it having been stipulated by Counsel for the
<br />City of Charlottesville and Counsel for the County of Albemarle
<br />that the assessed valuation of -the property within the territory
<br />annexed to the City is 10.26% of the total assessed valuation
<br />of all property in said County, the Court fixes the sum of
<br />13,400.00 as a just portion of the school debt of Albemarle
<br />County to be assumed by the City of Charlottesville, with
<br />interest thereon from January 1, 1939. As and when the
<br />interest and principal installments of the said school
<br />debt shall become due.and payable,,the City of Charlottesville
<br />Court shall pay to Albemarle County its prop-irtionate part of the
<br />Order said interest and principal, and the County of Albemarle
<br />shall forthwith apply the said payments so made by the City
<br />of Charlottesville to the payment of said debt.
<br />(b) There are _utstanding and }.unpaid Charlottesville
<br />District Sin:,cing Fund Road Bonds aggregating $174,301. :-109 with
<br />a Sinking Fund amounting✓to $90,192.18, and with a tax levy
<br />of 85 c on the hundred dollars in Charlottesville District for
<br />the year 1938 to provide for the interest and additional
<br />sinking fund requirements on said bonds. The assessed value
<br />of the property annexed to the City of Charlottesville in this
<br />proceeding is by agreement of Counsel 38.98% of the total
<br />assessed valuation -of ail property within the Charlottesville
<br />district for the year 1938. The Court determines that the
<br />just proportion of said bonds to be assumed by the City is
<br />$25,250.00 of the said road bonds of the Charlottesville District
<br />with interr-st thereon from January 1, 1939, and for each year
<br />during which said bonds are outstanding the City shall pay to
<br />the County of Albemarle at each inte---est period the interest
<br />due on $;5,250.00 of said bonds at the rate of interest which
<br />said bonds bear, or such part thereof as shall not have been
<br />previously paid, and upon the maturity of $36,301.00 of said
<br />bonds on May 1, 1941, the City of Charlottesville shall pay
<br />to the County of Albemarle $7,250.00, and upon maturity of
<br />$138,000.00 of said bonds on January 15, 19_;.7, shall pay
<br />the County of Albemarle $18,100.00, and the County of Albemarle
<br />shall forthTf�Titl1 apply the said payments so made by the City
<br />of Charlottesville to -the payment of said debts.
<br />(c) And it appearing to the Court that there are
<br />now outstanding bonds of the Woolen Mills Sanitary District
<br />in the amount of $,2,000.00 and that a just and proper propor-
<br />tion thereof to be assumed by the City of Charlottesville is
<br />$1070.00., the Court doth order that the City of Charlottesville
<br />shall assume $1070.00 of the bonds of the Woolen Mills
<br />Sanitary District, with interest thereon from January 1, 1939,
<br />and shall pay to the C_�unty of Albemarle the proportionate
<br />part of the principal and interest on said bonds as the same
<br />shall respectively become due and payable, which the sum of
<br />$1070.00 bears to the total indebtedness of $2J00.00, and
<br />the County of Albemarle shall apply such payment to the retirement
<br />of said bonds and -the payment of the interest thereon.
<br />And it is further ordered that the County of
<br />Albemarle shall pay the interest on all bonds and debts
<br />
|