University of Virginia Library

Pursuant to Section 809 of the Code of Virginia, the Rector called a special
meeting of the Board of Visitors to be held on this date at 10 o'clock, A.M., at the
office of the President at the University, for the following purposes.

(1) To consider, approve and authorize the execution and delivery of a certain
proposed agreement between The Rector and Visitors of the University of of Virginia,
and the United States of America, by which agreement The Loan and Grant Agreement, dated
January 26th, 1935, whereby the Government agreed to aid the University by loan and
grant in an amount not to exceed in the aggregate the sum of $208,500.00 in the construction
of certain improvements to the Hospital at the University of Virginia, is
amended so as to provide an allotment of additional funds to be used by said University
in connection with said project.

(2) To authorize any and all acts and things necessary, proper or convenient in
connection with the execution of said Amendatory Agreement, or in connection with the
full and complete performance of the terms and provisions thereof.

(3) To transact any and all other business which may come before said meeting.

A copy of the foregoing notice was mailed to each member and acknowledgement
thereof by each returned to the Secretary prior to the date of the meeting.

There were present the Rector, Mr. Fred. W. Scott, and Visitors Corbitt,
Garnett, Lewis C. Williams and R. Gray Williams.

Visitors Garnett, Rinehart, Scott and R. Gray Williams, whose terms expired on
February 29, 1936, having been reappointed for the term ending February 29, 1940,
submitted qualifications for the office of Visitor of the University of Virginia.

Mr. Fred. W. Scott was unanimously reelected Rector for the term ending
February 29, 1940.

The Rector appointed the following standing committees for the term ending
February 28, 1938:

GROUNDS & BUILDINGS

Rinehart, Corbitt, Garnett and Stuart.

NEW BUILDINGS

Rinehart, Goolrick and Lewis C. Williams.

FINANCE

The Rector, Rinehart and R. Gray Williams.

The President made the following announcements:

1. Attendance: Total enrollment to date 2,427.

2. Gifts:

               

American Philosophical Society to be used in discussing the eclips spectra which Dr. S. A. Mitchell obtained on Tin Can Island in the South Seas in 1930	$1,500
General Education Board, for maintenance, scholarships, and minor capital outlays for the Mountain Lake Biological Station, to be used during the years 1936-1937	12,200
Rockefeller Foundation, for researches in endocrinology under the direction of Dr. S. W. Britton of the Department of Physiology during a three-year period, beginning January 1, 1936, the amount to be available in any one year not to exceed $5,000	15,000
Estate of Unity D. Dancy	12,500
(Gift previously reported)
By former student of Philosophy, whose name by request is withheld, through Dr. G. A. A. Balz to the Corcoran School of Phulosophy to be used by him, in his discretion, for that department	60
General Education Board, for a Round Table on Local Government to be held in connection with the 1936 Institute of Public Affairs	4,000
From Miss Lizzie B. Miller, of Elkton, Va., a 470-acre farm, located near Elkton, Rockingham County, Va., subject to the life right of one R. Ferdinand Bowen, for the purpose of using the income therefrom in the University Hospital. Appraised value	40,000

Mrs. Duncan Smith, for the University Art Museum, a Sully
portrait of George Tucker, one of the University's most
distinguished professors.

Mr. Paul G. McIntire, an Italian Chalice of about the sixteenth
century; also a Latin Missal of the fourteenth century,
and other interesting Italian and Spanish books.

From friends and alumni, many other interesting and valuable
books to the general and departmental libraries of the University.

Upon the recommendation of the President the following leave of absence,
resignations and elections were voted.

Elections.

Approval was voted of an agreement between E. R. Squibbs & Sons and the
University concerning the establishment of one or more fellowships in the
University under the direction of Dr. L. F. Small in the Chemical Laboratory.

The following resolution granting authority to sell and assign securities
and to give assent to mergers, etc., was unanimously adopted:

RESOLVED, that any one of the following officers, namely, the Rector or
President be and is hereby authorized and empowered to sell, assign and transfer
any and all stocks, bonds, evidences of interest or indebtedness, rights and
options, to acquire or to sell the same, and all other securities, corporate or
otherwise, standing in the name of, or belonging to, this corporation in any capacity,
and be it further

RESOLVED, that the Rector or the President be and is hereby fully authorized
and empowered to give the assent of this corporation to such mergers, consolidations
agreements for deposit of stock, or for reorganization of any corporation in which
the Rector and Visitors of the University of Virginia amy have an interest.

Application of the Virginia Omicron Chapter House Association for a loan of
not to exceed $17,000 to enlarge its chapter house located on Grady Avenue and 17th
Street, occupied by the S. A. E. Fraternity, was granted with the following terms
and conditions: rate of interest 6%, term 15 years, to be amortized, principal and
interest, in 135 equal monthly installments of $191.28, omitting the months of July,
August and September in each year.

Application of Prof. F. T. Morse, of the Engineering Department, for a loan of
$4,500 for the purpose of erecting a home for himself and family on property recently
purchased in Albemarle County, located north of the University on Route 29, was
granted upon the following terms and conditions, interest rate to be 5% per annum,
payable semi-annually; the principal to be paid off $300 per year for the first four
years with the remainder payable at the end of the 5th year.

Application of the Beta Iota Corporation (Delta Tau Delta Fraternity) for
permission to refinance its debt to the University represented by a balance due on
its loan to erect a chapter house on the grounds of the University in 1922, of
$9,000 with unpaid interest to July 1, 1936 of $1,000, making a total of $10,000,
was granted on the following terms and conditions: that the rate of interest be 6%
per annum instead of 5%, the rate of the old loan, that principal and interest be
paid in equal monthly installments of $104.42, amitting the months of July, August
and September in each year, over a period of 17 years.

Application of the Phi Epsilon Pi fraternity for a loan if $16,000 for 20 years
@ 5% interest, secured on its property on University Circle, was declined.

Application of Mrs. J. H. Nichols for cancellation of her bond for $1,000
secured on residence property in Hopewell, Va., which bond came to the University
as part of the estate of the late Dr. Walter M. Seward, on the grounds of her
financial condition and inability to profitably rent the property, and for the further
reason that she was a relative of Dr. Seward, was considered and declined.

Application of the Zeta Psi Fraternity for reduction of interest on its $11,000
balance of original loan for erection of chapter house, from 6% to 5%, was declined.

The President stated that the Bursar, acting under authority granted by the Board
in a resolution adopted April 16, 1924, had borrowed, from the local banks from time to
time, as funds were needed to meet current obligations, that during several years past
it had not been found necessary to secure such loans, but that during the present fiscal
year it had been necessary to secure loans for short periods rather than to dispose of
securities bearing good rates of interest belonging to the current funds of the University,
and that the local banks had requested a more recently adopted resolution granting such
authority, and presented the following, which, on motion, was unanimously adopted.

RESOLVED, By the Rector and Visitors of the University of Virginia, That, in
order to provide necessary funds to meet current demands of the University for its
payrolls and other current needs, the Bursar be and he is hereby authorized to borrow
from time to time such sums as may be necessary in anticipation of income to be received
from endowments, and such loans as he may have outstanding from time to time shall be
reported to this Board.

The following preamble and resolution with reference to the proposed Amendatory
Loan and Grant Agreement with the Federal Government for the erection of an addition to
the Hospital Building, was, following the reading of the original Loan and Grant Agreement,
presented and, on motion, unanimously adopted:

WHEREAS the Federal Emergency Administration of Public works of the United States
of America has presented to The Rector and Visitors of the University of Virginia a
proposed Amendatory Loan and Grant Agreement, amending the Loan and Grand Agreement
dated January 26th, 1935, heretofore entered into by the United States of America and
The Rector and Visitors of the University of Virginia, in connection with the application
of said The Rector and Visitors of the University of Virginia for a loan and
grant from the United States of America through the Federal Emergency Administration
of Public Works for aid in financing a project consisting substantially of the construction
of a three-story and basement fire-proof addition to existing Hospital Building at
Charlottesville, Virginia, which application bears Docket No. 4881 of siad Federal
Emergency Administration of Public Works; and

WHEREAS said Loan and Grant Agreement has been read at this meeting once in full
to the Board of Visitors of The Rector and Visitors of the University of Virginia, and

WHEREAS pursuant to Chapter 49 of the Acts of the General Assembly of the Commonwealth
of Virginia, Extra Session of 1933, the Board of Visitors of The Rector and Visitors
of the University of Virginia is authorized to cause the execution of said Amendatory
Loan and Grant Agreement by and on behalf of The Rector and Visitors of the University of
Virginia, subject to the approval thereof by the Governor of the Commonwealth, and to
fully carry out and perform all the terms and conditions thereof, and adopt this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF VISITORS OF THE RECTOR AND
VISITORS OF THE UNIVERSITY, A STATE INSTITUTION IN THE COMMONWEALTH OF VIRGINIA, AS
FOLLOWS:

Section 1. The following Amendatory Loan and Grant Agreement referred to in the
preamble hereto, and all terms and provisions thereof be, and the same are, hereby
approved.

WHEREAS the Borrower and the Government entered into a Loan and Grant Agreement,
dated as of January 26th, 1935, whereby the Government agreed to aid the Borrower
by loan and grant in an amount not to exceed in the aggregate the sum of $208,500.00, in
the construction of certain improvements to its plant (herein called the "Project"); and

WHEREAS the Borrower had submitted a request for a change in the scope of the
Project and for an increased allotment due to an increased cost of work; and

WHEREAS the Government has indluded the Project in its comprehensive program
prepared pursuant to Section 202 of Title II of the National Industrial Recovery Act.,
has granted the Borrower's request for additional aid and has increased the allotment
of funds for the Project to an amount not to exceed $220,200.00, subject to the
execution of an agreement between the Borrower and the Government, satisfactory to
the Federal Emergency Administration of Public Works,

NOW, THEREFORE, the Borrower and the Government do hereby agree that the loan
and Grant Agreement, dated as of January 26th, 1935, entered into between the Borrower
and the Government, heretofore mentioned in the Preamble hereof, be and it hereby
is amended as follows

• 1. In line 3 of Paragraph 1 the amount $208,500.00"
  is stricken and inserted in lieu thereof in the
  amount $220,200.00".

• 2. In line 7 of Paragraph 1 the words "and
  equipment" are inserted after the word
  "construction".

• 3. In the last line of Paragraph 3 the amount "$60,000.00"
  is stricken and inserted in lieu theref is the amount
  $62,200.00".

• 4. In line 3 of subdivision (b) of paragraph 27 the amount
  "$208,500.00" is stricken and inserted in lieu thereof
  is the amount "$220,200.00".

It is further agreed that all the terms, conditions and provisions of the above-mentioned
Loan and Grant Agreement shall continue in full force and effect, except as
herein specifically amended.

IN WITNESS WHEREOF The Rector and Visitors of the University of Virginia, and
the United States of America have respectively caused this amendatory Loan and Grant
Agreement to be duly executed as of the day and year first above written.

THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA,
By, _______________
Rector.

[Description: (SEAL)]

Attest:
_______________
Secretary.

UNITED STATES OF AMERICA

Federal Emergency Administrator
of Public Works
By,_______________
Assistant Administrator.

APPROVED:
_______________
Governor.

Section 2. Frederick W. Scott, the Rector of the Rector and Visitors of the
University of Virginia, is hereby authorized and directed to execute and deliver said
Amendatory Loan and Grant Agreement as set forth in Section 1 hereto, in three counterparts,
in the name and on behalf of The Rector and Visitors of the University of
Virginia, and E. I. Carruthers, Secretary of The Rector and Visitors of the University
of Virginia, is hereby authorixed and directed to affix the official corporate
seal of The Rector and Visitors of the University of Virginia to said Amendatory
Loan and Grant Agreement, and to attest the same, and to deliver said Agreement, after
it has been executed as above set forth, and after it has been approved by the Governor,
as set forth in Section 3 hereof.

Section 3. This Resolution shall be submitted to the Governor of the Commonwealth
of Virginia for his approval, and shall take effect immediately upon his approval
thereof.

The following preamble and resolution in connection with the extension of time
and waiver of liquidated damages on certain contracts for the erection of P. W. A.
Project No. 4881, Private Patients Pavilion of the University of Virginia Hospital,
were presented and, on motion, unanimously adopted.

WHEREAS The Federal Emergency Administration of Public Works require that all
extensions of time and waiver of liquidated damages in connection with all contracts
on P. W. A. Project No. 4881 (Private Patients Pavilion) be authorized by this body.

AND WHEREAS the original set-up upon which the Loan and Grant Agreement was
based, did not contemplate that the Project would be revenue producing by February 8, 1936.

AND WHEREAS the building will be greatly benefited by not allowing the contractor
to install such work as linoelum and rubber tile floors while the building is still
damp.

AND WHEREAS the extension of time involving the laying of linoleum and rubber tile
floors will, from the nature of building operation, delay the completion of other contracts
on the project.

AND WHEREAS The Poe Piping & Heating Company, contractors for Contract "C" had
the heating system in operation prior to January 25, 1936.

AND WHEREAS the radiation installed in the building and being used to heat the
building prior to January 25, 1936, proved defective.

AND WHEREAS the aforesaid radiation had to be removed and new radiation installed
throughout the building.

AND WHEREAS at the time the new radiation was delivered to the building, the
weather was so cold that it would have been detrimental to cut off the head from the
building to make the change.

AND WHEREAS when the weather was suitable to make the change, the contractor
for Contract "C" did not have time to complete his work by January 25, 1936.

AND WHEREAS Contract "C" was complete as of February 8, 1936.

AND WHEREAS the job at no time suffered from lack of heat.

AND WHEREAS the delivery of the furniture and equipment is not under the control
of these contractors.

AND WHEREAS the said furniture and equipment was not delivered by February 8, 1936
and therefore the building could not have been revenue producing by February 8, 1936.

AND WHEREAS the building will not be revenue producing until the furniture and
equipment is delivered and installed.

AND WHEREAS it would be difficult to prove liquidated damages on project which is
not in a condition to be revenue producing.

AND WHEREAS the University of Virginia was not put to additional expense in connection
with the said extension of time for field supervision, insurance, interest during
construction, etc. due to the fact that these expenses will continue until the project
is complete with all furniture and equipment and becomes revenue producing.

AND WHEREAS additional data in connection with the extension of time and waiver of
liquidated damages, as required by the Federal Emergency Administration of Public Works,
is attached herewith.

BE IT RESOLVED that the Rector and Visitors of the University of Virginia
approve the extension of time and waiver of liquidated damages from January 1, 1936
to January 25, 1935 on Contracts "A", "B", "C" and "D" and the further extension of
time and waiver of liquidated damages from January 25, 1936 to February 8, 1936 on
Contract "C".

The Contracts involved being as follows:

• 1. Contract "A" - (Building Only) with the
  CHARLOTTESVILLE LUMBER COMPANY, INC.

• 2. Contract "B" - (Plumbing) with the
  WILLIAMS COMPANY.

• 3. Contract "C" - (Heating & Ventilating) with the
  POE PIPING AND HEATING COMPANY.

• 4. Contract "D" - (Air Conditioning) with the
  RICHMOND AIR EQUIPMENT COMPANY, INC.

Mr. Newcomb stated to the Board that the City of Charlottesville now desires to
widen the Fry's Spring or Lynchburg Road which runs along the southern boundary of
the grounds of the University from the point where said road passes under the C. & O.
Railway just west of Main Street, out to the point where the road leaves the University
grounds toward Fry's Spring at the southern end of Dawson's Row.

He presented to the meeting a sketch of the proposed widening of this road,
from which it appears that the plan which the City wishes to carry out will necessitate
throwing into the road a strip of land owned by the University along the northern edge
of the present road, verying in width from five or six to fifteen feet throughout the
entire distance of the proposed improvement. The City will bear the whole expense of
the improvement, and proposes to place a six-inch concrete curb along the north side
of the widened road, and also to slope back the bank on the University property from
this curb making the slope of the bank not in excess of 30°. After a discussion of the
matter, it was

RESOLVED: That the Board of Visitors consents to the widening of the Fry's Spring
road in accordance with the plan proposed by the City, as shown upon plat presented
to this meeting, upon condition that the City will place a six-inch curb of concrete
along the entire length of the road from the C. & O. Railway out to the point where the
road leaves the University grounds at the southern end of Dawsons Row, and that the
City will do all necessary grading on the University property, making the slope of any
and all banks upon the University side of the road not to exceed 30°; and furthermore,
that this consent is given upon the express condition that the work in question shall
be supervised by the Superintendent of Grounds and Buildings of the University. The
plat presented to this meeting, showing the proposed change, shall be filed with the
minutes of this meeting.

The meeting then adjourned.