RESOLUTION

A Resolution to AMEND THE RESOLUTION OF SEPTEMBER 14, 2006, TO APPROVE PROPOSED PUBLIC USES AND COMPLETE THE ACQUISITION OF THE ENTIRETY OF THE PUBLIC WATER SYSTEM OWNED BY MARSHALL WATER WORKS II, INC. AND SERVING MARSHALL, VIRGINIA

WHEREAS, the County, the Fauquier County Water and Sanitation Authority, and Marshall Water Works II, Inc. have agreed that the County should acquire the assets comprising the entirety of the public water system owned by Marshall Water Works II, Inc. and serving Marshall, Virginia; and

WHEREAS, the County intends to acquire, by condemnation, the assets comprising the entirety of the public water system owned by Marshall Water Works II, Inc. in order to convey those assets to the Fauquier County Water and Sanitation Authority, to permit the Authority to operate, repair and improve such public water system, and to benefit the residents of Marshall, Virginia who are served by such public water system; and

WHEREAS, prior to the exercise of the power of eminent domain the County is required to conduct a public hearing; and

WHEREAS, the County (i) held a duly-advertised public hearing on September 14, 2006, at which all interested members of the public requesting to do so were permitted to speak, (ii) has considered the public comments, if any, presented at such public hearing, and (iii) has determined that the acquisition of such system, by condemnation, is necessary to provide water service to the residents of Marshall and should be approved as a public use in the best interest of the public; and

WHEREAS, the County has determined and is of the opinion that it is in the best interest of the County to take the property sought to be condemned for $575,000.00, as the amount fixed as just compensation or damages on account of the taking of same; now, therefore, be it 

RESOLVED by the Fauquier County Board of Supervisors this 14th day of December 2006, that the Board finds the proposed acquisition of the entirety of the public water system owned by Marshall Water Works II, Inc. and serving Marshall, Virginia, is necessary for the health and welfare of the residents of Marshall, and therefore the Board approves such acquisition, in the amount of $575,000.00, as a necessary public use in the best interest of the public; and

BE IT FURTHER RESOLVED, that the Board directs the acquisition, by condemnation, of the assets comprising the entirety of the public water system owned by Marshall Waterworks II, Inc. and serving Marshall, Virginia by condemnation; and

BE IT FINALLY RESOLVED, that the County Administrator and County Attorney be, and are hereby, directed and authorized to take all necessary action to acquire, by condemnation, such assets of Marshall Waterworks II, Inc. through the filing of appropriate pleadings and are authorized to execute such documents as are necessary to complete such acquisition.

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