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

WHEREAS, the Fauquier County Water and Sanitation Authority (the “Authority”) and Marshall Waterworks, II, Inc. (the “Waterworks”) have agreed on the terms pursuant to which the Authority will acquire from the Waterworks a public water system in Marshall; and

WHEREAS, in order to accomplish the conveyance, the Waterworks, the County and the Authority have agreed that Fauquier County will exercise its power of eminent domain to accomplish a cooperative condemnation of the assets of such public water system in Marshall; and

WHEREAS, the County and the Authority have agreed to enter into a Memorandum of Understanding setting forth the terms of the conveyance of such assets from the County to the Authority, and the responsibilities of the Authority and the County with respect to the operation of the water system, all as set forth in Attachment 2 to the agenda request for this item; and

WHEREAS, prior to initiating the condemnation action, the County must conduct a public hearing; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 10th day of August 2006, That the Chairman of the Board of Supervisors be, and is hereby authorized, to execute the Memorandum of Understanding between the County and the Authority; and, be it

RESOLVED FURTHER, That the County Administrator be, and is hereby, directed to schedule a public hearing to consider whether it should initiate the condemnation proceeding against the Waterworks to acquire the assets of the referenced public water system in Marshall.

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