018-98
BOARD OF SUPERVISORS
RESOLUTION
THE BOARD OF SUPERVISORS
OF THE
COUNTY OF FREDERICK, VIRGINIA
WHEREAS, on or about April 8, 1998, THE COUNTY OF FREDERICK
VIRGINIA, THE SCHOOL BOARD OF THE COUNTY OF FREDERICK, VIRGINIA, and
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF
FREDERICK, VIRGINIA (collectively, ''the County") each filed a lawsuit against THE
CITY OF WINCHESTER, VIRGINIA, THE COMMON COUNCIL OF THE CITY OF
WINCHESTER, VIRGINIA, and THE PLANNING COMMISSION OF THE CITY OF
WINCHESTER, VIRGINIA (collectively, ''the City"), challenging the City's EIP zoning of
certain properties located within the City and owned by the County; and
WHEREAS, the aforementioned lawsuits (collectively, the "Lawsuits") are styled
and numbered as follows in the Circuit Court of the City of Winchester:
(1) The School Board of the County of Frederick. Virginia v. The
City of Winchester. Virginia. et al. (Chancery No. 98-CH-82);
(2) The County of Frederick. Virginia v. The City of Winchester.
Virginia. et al. (Chancery No. 98-CH-83); and
(3) The Industrial Development Authority of The County of Frederick.
Virginia v. The City of Winchester. Virginia. et al. (Chancery No. 98-
CH-84); and
WHEREAS, a Settlement Agreement, a copy of which is attached hereto as Exhibit
1 and incorporated herein by reference (the "Settlement Agreement"), has been negotiated
for the purpose of resolving the Lawsuits; and
WHEREAS, THE CITY OF WINCHESTER, VIRGINIA and THE COMMON
COUNCIL OF THE CITY OF WINCHESTER have signed the Settlement Agreement; and
WHEREAS, THE COUNTY OF FREDERICK, VIRGINIA has concluded that the
Settlement Agreement is an appropriate resolution of the issues between the parties in the
Lawsuits,
NOW, THEREFORE, the Board of Supervisors of the County of Frederick,
Virginia, acting on behalf of THE COUNTY OF FREDERICK, VIRGINIA, hereby approves
the Settlement Agreement attached hereto, authorizes James L. Longerbeam, the Chairman
of the Frederick County Board of Supervisors, to sign the Settlement Agreement on behalf
of THE COUNTY OF FREDERICK, VIRGINIA, and authorizes John L. Walker, III to take
all necessary steps to implement the Settlement Agreement, including endorsing any orders
referenced therein on behalf of THE COUNTY OF FREDERICK, VIRGINIA.
Passed this 23rd day of September 1998 by the following recorded vote:
James L. Longerbeam AYE
Robert M. Sager AYE
Richard C. Shickle AYE
Margaret B. Douglas AYE
W. Harrington Smith, Jr. AYE
Charles W. Orndoff, Sr. AYE
A COPY TESTE:
~f-
Jo . Riley, Jr.
Clerk, Board of Supervisors
RESOLUTION NO.: 018-98
0462439.01