AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Harry F. Atherton, Vice Chairman, Marshall District Supervisor

August 10, 2006

Staff Lead:

Department: 

Kevin J. Burke, County Attorney

County Attorney

Topic: 

A Resolution to Approve a Memorandum of Understanding Between the Fauquier County Water and  Sanitation Authority and the Board of Supervisors to Provide for the Acquisition and Operation of a Public Water System in Marshall and to Schedule a Public Hearing to Authorize a Cooperative Condemnation of the Assets of Such Water System

Topic Description:

The Marshall Waterworks II and the Fauquier County Water and Sanitation Authority (WSA) have reached an agreement to provide for the conveyance of the waterworks to the WSA.  In order to facilitate the conveyance, the WSA and Marshall Waterworks have agreed that Fauquier County would exercise its eminent domain power to obtain title to the waterworks, and thereafter convey the waterworks to the WSA.  The terms of the conveyance to the Water and Sanitation Authority by the County are addressed in the attached Memorandum of Understanding. As of July 1, 2006,  the Code of Virginia requires the County to conduct a public hearing prior to initiating a condemnation action.

Requested Action of the Board of Supervisors: 

Consider adoption of the attached resolution.

Financial Impacts Analysis:

There are no immediate financial impacts anticipated.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Water and Sanitation Authority

Marshall Waterworks II

Attachments:

1.                  Memorandum of Understanding

2.                  Term sheet outlining the agreement between the Fauquier County Water and Sanitation Authority and Marshall Waterworks