033-96
BOARD OF SUPERVISORS
AN ORDINANCE TO READOPT A VOLUNTARY SETTLEMENT
AGREEMENT AND TO AUTHORIZE THE FILING OF A PETITION IN THE
CIRCUIT COURT OF FREDERICK COUNTY FOR AN ORDER
ESTABLISHING THE RIGHTS OF THE CITY AND COUNTY AS SET FORTH
UNDER THE TERMS OF SAID AGREEMENT. PURSUANT TO SECTION 15.1-
1167.1 OF THE CODE OF VIRGINIA (1950). AS AMENDED -
Whereas, on December 15, 1994, the City of Winchester ("City") and the County of
Frederick ("County") entered into a Voluntary Settlement Agreement (the "Voluntary
Settlement"), as authorized by Section 15.1-1167.1 of the Code of Virginia (1950), as amended;
Whereas, the December 15, 1994, Voluntary Settlement Agreement included and
superseded the provisions of the September 14, 1994, Voluntary Settlement Agreement;
Whereas, on July 13, 1995, the City and the County presented the Voluntary Settlement
Agreement to the Commission on Local Government, which conducted a hearing as required by
law and which issued its findings and recommendations in a report dated January, 1996;
Whereas, the Commission found that the Voluntary Settlement Agreement would
preserve and promote the viability of the City and the County and therefore is in the best interest
of the Commonwealth;
Whereas, Section 15.1-1167.1 of the Code of Virginia, (1950), as amended, requires the
City and the County, subsequent to the Commission's review, to approve the Voluntary
Settlement Agreement or a modified version thereof, by an ordinance passed by a recorded vote
of a majority of the members of each governing body after a duly advertised public hearing; and
Whereas, the City and the County now propose to readopt and reaffirm the Voluntary
Settlement Agreement which provides for a waiver of City annexation rights from February 20,
1980, until January I, 2006, for a waiver of County immunity rights from February 20, 1980, until
January 1, 2006, and for the retention and construction of certain County offices at locations
within the City, and for other terms and conditions;
Now, Therefore, be it ordained by the Board of Supervisors of the County of Frederick,
Vrrginia, that:
1) The Board of Supervisors by this Ordinance approves and adopts the Voluntary
Settlement Agreement, a copy of which is attached hereto, and hereby authorized and directs its
Chairman to execute the Voluntary Settlement Agreement on behalf of the County.
2) The Board of Supervisors hereby authorizes the County Administrator and its
special legal counse~ C. Richard Cranwell, Escquire, to petition the Circuit Court of Frederick
County for an order, pursuant to Section 15.1-1167.1 of the Code of Virginia (1950), as
amended, affirming and validating the Voluntary Settlement Agreement and establishing the rights
of each locality as set forth under the terms of the Voluntary Settlement Agreement.
3) The County Administrator shall take all other actions as may be needed to obtain
. the necessary court approval of the Voluntary Settlement Agreement.
4) This Ordinance shall be in full force and effect on the date of its adoption.
Approved this 10th day of April, 19~6:/
James L. Longerbeam, Chairman
Frederick County Board of Supervisors
Attest:
,Blt(/1/=
Jo . Riley, Jr.
County Administrator
Resolution No.: 033-1996