HomeMy WebLinkAbout037-01
BOARD OF SUPERVISORS
RESOLUTION
A RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE
FREDERICK COUNTY SANITATION AUTHORITY TO PROVIDE FOR A LIMITED
EXPANSION OF THE AUTHORITY'S POWER TO OPERATE AND MAINTAIN
SEWAGE TREATMENT FACILITIES UNDER STATED CONDITIONS:
RESOLVED, that the Articles ofIncorporation ofthe Frederick County Sanitation Authority
adopted April 10, 1967, and since amended from time to time, be further amended by Articles of
Amendment in the following form:
ARTICLES OF AMENDMENT
OF
FREDERICK COUNTY SANITATION AUTHORITY
1. The name of the Authority is "Frederick County Sanitation Authority".
2. The amendment adopted is to strike the first paragraph of Paragraph (c) of the Articles
ofIncorporation and insert in lieu thereof the following:
(c) The purpose for which the Authority is created is the acquisition, construction and
maintenance of (a) an integrated water system for supplying and distributing water in Frederick
County and (b) an integrated sewer system for Frederick County, and for the purpose of exercising
the powers conferred by the Virginia Water and Waste Authorities Act. By prior Amendment,
Certificate for which was issued by the State Corporation Commission October 24, 1985, the power
of the Authority to acquire, construct, operate or maintain additional facilities for treatment or
disposal of sewage was restricted and, pursuant thereto, its Abrams Creek, Stephens Run and
Lakeside sewage treatment facilities have been terminated and discontinued. By this Amendment,
the limitation on the purpose and power of the Authority is partially restored to permit operation,
construction and maintenance of such facilities provided they are owned by Frederick-Winchester
Service Authority, which must approve such role of the Authority.
3. The Articles of Amendment were approved by a Resolution of the Board of Supervisors
of Frederick County, Virginia, adopted on March 12, 2001, following a public hearing duly called
and held on March 12,2001, as provided by law.
IN WITNESS WHEREOF, the Board of Supervisors has caused these Articles to be executed
this 13th day of March ,2001.
Upon motion made by W. Harrington Smith and seconded by Robert M. Sager
the above resolution was approved by the following recorded vote:
Resolution - Sanitation Authority - Amend Articles of Incorporation
Board of Supervisors Meeting of March 12, 2001
Page 2
Richard C. Shickle
Aye
Robert M. Sager
Aye
Charles W. Orndoff, Sr.
Aye
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
Aye
Sidney A. Reyes
Aye
FREDERICK COUNTY, VIRGINIA
\
By~~ Q~
Chairman, Board of Supervisors
(SEAL)
Attest:
Jo . Riley, Jr.
Clerk, Board of Su ervisors
County of Frederick, Virginia
BOS RESOLUTION NO.: 037-01
C:\TJP\resolutions\FY2000-200 1 \SanitationAuthyAnctsottncorp.wpd
FREDERICK COUNTY
SANITATION AUTHORITY
JAMES T. ANDERSON, Chairman
RORt:RT N. CARPENTER, Vice-chairman
ROBERT P. MOWERY, Sec.lreamr'r
.JOliN STEVENS
GREC;ORY W. HEWITr
RICHARD A. RlICKMA7';
P.O. Box 1877
Winchester VA ZZ604-8377
WellinRton H. Jones. I'.E.
Engineerof)ire(>(or
MEMORANDUM
Ph. - (5401868-1061
Fax. -(540) 868-1429
TO:
John R. Riley, Jr.
FROM:
W. H. Jonesf;Jj)
SUBJECT:
Amendment to Articles of Incorporation
DATE:
January 3, 2001
-----------------------------------------------------------------------------------------------------------------------------
The Sanitation Authority requests the Frederick County Board of Supervisors amend our Articles of
Incorporation to permit the operation and maintenance of wastewater treatment facilities.
While working on the operations agreement for "Shenandoah" water and wastewater facilities, we have
found the Sanitation Authority's Articles ofIncorporation need amending to reflect current regional
operation practices. Specifically, the Frederick-Winchester Service Authority has evolved to own
wastewater treatment plants. The Sanitation Authority and the City of Winchester operate their plants.
This has proved to be the most efficient and effective means of providing this service for the region.
The Board of Supervisors may amend the Authority's Articles of Incorporation under the provisions of
Section 15.2-5110, Code of Virginia. This requires the Board to adopt the amendment after a public
hearing for which at least a 30-day notice in the local newspaper was provided. I have enclosed the
resolution and notice of public hearing for your consideration.
Should you have any questions, please call me or the Authority's counsel, William A. Johnston, III.
Iths
cf: W. A. Johnston, III
WATER AT YOUR SERVICE