003-05RESOLUTION AUTHORIZING ADVERTISEMENT OF PUBLIC HEARING TO
ADOPT OPTION 2 AGREEMENT TO RELOCATE THE BOUNDARY LINE
BETWEEN THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK
WHEREAS, the County of Frederick and the Town of Middletown have engaged
in discussions over the last few years attempting to relocate the boundary line between
them; and
WHEREAS, at the direction of the County of Frederick, the Middletown Town
Council appointed the Foresight Middletown Committee which developed a
comprehensive future land use plan for approximately 310 acres of ]and located generally
to the North and South of the current boundary of the Town; and
WHEREAS, Back Creek Supervisor, Barbara Van Osten, participated in the
development of the Foresight Middletown Plan; and
- WHEREAS, numerous meetings, which were well attended by citizens of the
Town of Middletown and Frederick County, took place at Lord Fairfax Community
College; and
WHEREAS, the Foresight Middletown Committee held numerous public
meetings in developing the Foresight Middletown Plan; and
WHEREAS, as a result of the numerous public meetings, the Foresight
Middletown Future Land Use Plan was finally adopted by the Middletown Town Council
at its meeting on February 14, 2005; and
WHEREAS, the Frederick County Board of Supervisors then appointed Back
Creek District Supervisor, Barbara Van Osten, and Opequon District Supervisor, Bill
Ewing, as a Liaison Committee to facilitate an agreement to relocate the boundary; and
WHEREAS, at Frederick County's request, the Middletown Town Council
adopted the future land use proposals contained in the Foresight Middletown Land Use
Plan into its Comprehensive Plan; and
WHEREAS, the Board of Supervisors of Frederick County is now prepared to
express its intent to adopt an Agreement to Relocate the Boundary Line between the
Town of Middletown and the County of Frederick which provides that certain territory,
located North of Middletown containing 4 parcels totaling approximately 64.17 acres
along with certain territory South of Middletown containing 7 additional parcels totaling
an additional 64.27 acres currently within the boundaries of Frederick County would be
incorporated into the boundaries of the Town of Middletown. (Option 2); and
WHEREAS, a draft Agreement for consideration by the Town of Middletown and
Frederick County effectuating an Agreement to Relocate the Boundary Line between the
Town of Middletown and Frederick County utilizing (Option 2) is attached to this
Resolution and made a part hereof as Exhibit A; and
WHEREAS, Section 15.2-3106 of the Code of Virginia, 1950, as amended,
permits the Town of Middletown and Frederick County to enter into the proposed
Agreement to Relocate the Boundary Line contemplated by this Resolution; and
WHEREAS, Section 15.2-3107 and Section 15.2-3108 of the Code of Virginia,
1950, as amended requires that both Frederick County and the Town of Middletown
advertise their intention to adopt the Agreement to Relocate the Boundary Line
contemplated by this Resolution for two successive weeks in a newspaper having general
circulation in both localities; and
WHEREAS, the public advertisement for adoption of an Agreement to Relocate
the Boundary Line must include a general description of the proposed agreement, a
description of the revised boundary line, and notice that a copy of the proposed
agreement is available for public review in the office of the Clerk of Middletown and the
County Administrator's Office for the County of Frederick; and
WHEREAS, following the public advertisement of the proposed Option 2
Agreement to Relocate Boundary Line contemplated by this Resolution, both the Town
of Middletown and the County of Frederick must hold a public hearing before adopting
such proposed agreement; and
WHEREAS, Section 15.2-3108 of the Code of Virginia, 1950, as amended,
provides a procedure for the Circuit Court of Frederick County to accept evidence
regarding the proposed relocation of the boundary and by Order to designate and
establish any new boundary line resulting from the adoption after public hearings of the
Agreement to Relocate the Boundary Line contemplated by this Resolution.
NOW, THEREFORE BE IT RESOLVED by the Frederick County Board of
Supervisors, in a meeting held on the lOthday of August , 2005;
1. By this Resolution, the Board of Supervisors of the County of Frederick expresses
its intent to approve an agreement with the Town of Middletown to relocate its boundary
as reflected in the Option 2 Agreement to Relocate the Boundary Line. (Exhibit A)
2. That the Board of supervisors of Frederick County authorizes the Chairman and
Clerk of the Board to advertise their intention to enter into the agreement in a newspaper
of general circulation, pursuant to Sections 15.2-3107 and 15.2-3108 of the Code of
Virginia, 1950, as amended, by including in said advertisement the following: (1) their
intention to enter into the agreement, (2) a general description of the agreement, (3) a
description of the revised boundary line, and (4) notice that the proposed agreement is
available for public review in the office of the Clerk of the Town of Middletown and the
County Administrator's Office for the County of Frederick;
IN WITNESS WHEREOF, the Board of Supervisors of the County of Frederick
has caused this Resolution to be duly executed on its behalf by its Chairman and attested
by its Clerk.
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Chairman Richard Shickle
Board of Supervisors of Frederick County
ATTEST:
Clerk oard o Sup isors
Board Resolution No.: 003-05
EXHIBIT A
OPTION 2
AGREEMENT TO RELOCATE THE BOUNDARY LINE BETWEEN
THE TOWN OF MIDDLETOWN AND THE COUNTY OF FREDERICK
THIS AGREEMENT is made and entered into this day of
2005, by and between the TOWN OF MIDDLETOWN, VIRGINIA (hereinafter the "Town"),
and the COUNTY OF FREDERICK, VIRGINIA (hereinafter the "County").
WHEREAS, the Town and the County agree that their common boundaries should be
changed and relocated so that 11 parcels of land which are currently within the unincorporated
area of the County; 4 parcels being North of the Town and currently identified as Tax Map
Parcels 91-A-102, 91-A-102(B), 91-A-102(C), and 91-A-116 and 7 being South of the Town and
currently identified as Tax Map Parcels 91-A-12, 91-A-12(A), 91-A-20, 91-A-20(A), 91-A-23,
91-A-24, and 91-A-25 will be included within the boundaries of the Town; and
WHEREAS, such a relocation of boundaries will be in the best interests of the people of
the Town and the County and will further the interest of the Commonwealth of Virginia in
promoting the orderly growth and continued viability of its local governments; and
WHEREAS, the Town and County intend to proceed pursuant to Section 15.2-3106
through 15.2-3108 of the Code of Virginia (1950), as amended, to petition the Circuit Court of
the County of Frederick to order such. a boundary adjustment;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. Anew boundary line shall be established between the Town and the County
North of the current Town boundary incorporating within the Town Tax Map Parcels 91-A-102,
91-A-102(B), 91-A-102(C) and 91-A-116 containing approximately 64.17 acres of land which
- lie generally to the north of the existing Town boundary on the East and West side of State Route
11.
2. Anew boundary line shall also be established between the Town and the County
South of the current Town boundary incorporating in the Town Tax Map Parcels 91-A-12, 91-A-
12(A), 91-A-20, 91-A-20(A), 91-A-23, 91-A-24, and 91-A-25 containing an additional
approximately 64.27 acres of land which lies generally to the South of the existing Town
boundary on the East and West side of State Route 11.
3. Following the incorporation of said territory within the Town, the metes and
bounds of the new boundary line between the localities shall be as described on Exhibit A
attached hereto. The new boundary line is also depicted on a survey plat, attached hereto as
Exhibit B, which consists of two sheets, Sheet One being captioned "Plat of Middletown Area
Acquisition 2005 Adjoining Northern and Southern Portion of Existing Town of Middletown and
Frederick County, dated 2005 prepared by Patton, Harris, Rust and
Associates. Sheet Two is a plat of the Territory to be incorporated within the Town and showing
Tax Map and Parcel Designations.
4. The Town and the County will proceed forthwith under Section. 15.2-3106
through 15.2-3108 of the Code of Virginia, 1950, as amended, to have their common boundary
line changed as herein agreed.
5. Each party agrees to perform any and all requirements of Section 15.2-3106
through 15.2-3108 of the Code of Virginia, 1950, as amended, necessary to accomplish the
agreed-upon boundary relocations. The costs of publication shall be borne by the Town.
6. The new boundary line shall become effective at midnight on December 31, 2005.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
several counterparts, each of which shall constitute an original, by their respective Mayor or
Chairman and attested by their respective clerks.
TOWN OF MIDDLETOWN, VIRGINIA
Mayor, Gene Dicks
ATTEST:
COUNTY OF FREDERICK, VIRGINIA
Chairman
ATTEST:
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Map Features
Y~ a °"` ; w, ®Annexation Area Option 2 (128.44 acres appnc)
(/ ~~ ~ r Town of Middletown (337 acres apprx)
Option 2
Agreement to Relocate the Boundary Line Between
the Town of Middletown and the County of Frederick
DRAFT
NAPIER, POND, ATHEY &ATHEY, P.C.
ATTORNEYS AT LAW
35 N. ROYAL AVENUE
PO. BOX 395
FRONT ROYAL, VIRGINIA 22630
RONALD LEWIS NAPIER
J. DANIEL POND II
KIMBERLY M. ATHEY
CLIFFORll L. ATHEY, JR. AUgUSt 3 , 2005
J. DANIEL POND III
JOHN S. BELL
Jay Tibbs
Deputy County Administrator
County of Frederick, VA
107 N. Kent Street
Winchester, Virginia 22601
Dear Jay:
PHONE (540) 695-21 Y8
FAX (540) 635-7004
lawyers@npaalaw.com
PLEASE REPLY TO:
EO. BOX 395
to
There are two separate items on the August .8~ 2005 Agenda which relate to the
historically cooperative relationship between the Town of Middletown and the County of
Frederick:
I. ITEM ONE
RESOLUTION AUTHORIZING ADOPTION OF JOINT AGREEMENT FOR
ADMINISTRATION OF PROFFERS
The initial item on the August 10~' Agenda involves Middletown's request that the
Board of Supervisors authorize its Chairman, Richard Shickle, to enter into a Joint Agreement
for the Administration of Proffers. Pursuant to the proposed Agreement, when development
occurs within Middletown, the Town of Middletown would collect proffers on behalf of
Frederick County to offset the impact of that development on Frederick County.
Back Creek Supervisor, Barbara Van Osten, and Opequon District Supervisor, Bill
Ewing, have been working with the Town of Middletown for some time to develop a fair and
equitable set of Agreements to permit the Town of Middletown to expand Middletown's
boundary while ensuring that the County of Frederick receives fair compensation for the effect
of development within Middletown. The Joint Agreement for the Administration of Proffers is
a precursor to any boundary adjustment proposal.
As a result of Supervisor Van Osten and Supervisor Ewing's hard work, the
Middletown Town Council adopted, on June 13, 2005, an Ordinance pursuant to Section 1.5.2-
1300 of the Code of Virginia, which requires Middletown to collect proffers on behalf of
Frederick County within any areas annexed by Middletown after July 31, 2005. Section 15.2-
1300 also requires that a Joint Agreement for the Administration of Proffers be agreed to
before the Ordinance previously adopted by Middletown can take effect. At the July 11, 2005
meeting of the Middletown Town Council, Mayor Gene Dicks executed the Joint Agreement
for Administration of Proffers which is before the Board on August 10"'. The Town of
Middletown is requesting that the Board of Supervisors pass the Resolution Authorizing
Adoption of the Joint Agreement for Administration of Proffers so that Chairman Richard
Shickle may execute the Agreement on the Board's behalf.
The Joint Agreement for Administration of Proffers will be in effect for a period of
twenty (20) years. It sets up a procedure whereby the Town will provide the County Planning
Department with a copy of any rezoning Petition within the annexation area, permitting
Frederick County to calculate, through its impact model, the impact of the development on
Frederick County services. The County staff will then communicate the expected cash proffers
for Frederick County which Middletown will then make a condition of the rezoning approval.
II. ITEM TWO
RESOLUTION AUTHORIZING ADVERTISEMENT OF PUBLIC HEARING TO ADOPT
AGREEMENT TO RELOCATE THE BOUNDARY LINE BETWEEN THE TOWN
OF MIDDLETOWN AND THE COUNTY OF FREDERICK
The second item on the August 10, 2005 Agenda involves the request by the Town of
Middletown that the Board of Supervisors adopt one of two separate Resolutions which
authorize a public hearing on an Agreement to Relocate the Boundary Line Between the Town
of Middletown and the County of Frederick. The Option 1 Agreement would permit the
boundary adjustment of (4 parcels containing 64.17 acres located to the north of Middletown).
- The Option 2 Agreement would permit the boundary adjustment of (11 parcels including the 4
parcels north of the Town of Middletown plus another 7 parcels containing an additional 64.27
acres to the south).
The Board of Supervisors are being requested to adopt either the Option 1 Resolution to
advertise the proposed Option 1 Agreement (64.12 acres north of the Town of Middletown) or
the Option 2 Resolution to advertise the proposed Option 2 Agreement (128.44 acres located
north and south of Middletown) for a Public Hearing.
Discussions leading to this request for boundary adjustment began in 2001. At the
direction of the County of Frederick, the Middletown Town Council previously appointed the
Foresight Middletown Committee which developed a comprehensive future land use plan for
approximately 310 acres of land located generally to the north and south of the current
boundary of the Town. Back Creek Supervisor, Barbara Van Osten, served on the committee
which developed the Foresight Middletown Plan.
Following numerous public meetings held by the Foresight Middletown Committee, the
Foresight Middletown Future Land Use Plan was recommended and finally adopted by the
Middletown Town Council at its meeting on February 14, 2005.
Following the approval of the Foresight Middletown Future Land Use Plan by the
Frederick County Board of Supervisors earlier this year, the Board appointed Back Creek
z
District Supervisor, Barbara Van Osten, and Opequon District Supervisor, Bill Ewing, as a
Liaison Committee to facilitate an agreement to relocate the boundary of Middletown
consistent with the Foresight Middletown Plan.
At the Liaison Committee's request, the Middletown Town Council also adopted the
future land use proposals contained in the Foresight Middletown Land Use Plan into
Middletown's Comprehensive Plan to ensure proper development in any area boundary
adjusted into the town.
Section 15.2-3107 and Section 15.2-3108 of the Code of Virginia, 1950, as amended,
require that both Frederick County and the Town of Middletown advertise for Public Hearing
their intention to adopt either the Option 1 (64.17 acres) or Option 2 (128.44 acres)
Agreements to Relocate the Boundary Line for two successive weeks in a newspaper having
general circulation. in both localities before it can be finally adopted by both localities.
The Option 1 and Option 2 proposals come to the Board after numerous discussions
with officials and adjoining landowners considered for inclusion in the Town. The
Middletown Town Council has reduced its request from the 310 acres contained in the
Foresight Middletown Committee discussions to either (Option 2) 128.44 acres located within
the 310 acres north and south of town or (Option 1) 64.17 acres located within the 310 acres
located north of town. It should be noted that, by unanimous vote at its July 11, 2005 meeting,
the Town Council expressed a preference for Option 2 but would accept the will of the Board
of Supervisors in this matter. It should be further noted that all 11 landowners to be boundary
adjusted under Option 2 have given their written consent to the boundary adjustment including
the 4 landowners contained in the Option 1 proposal. The reason for the reduction from the
original 310 acres request is that the Middletown Town Council felt that they should only
request a boundary adjustment of those undeveloped properties whose landowners asked to be
within the Town of Middletown.
Following a Public Hearing on either the Option 1 or Option 2 Agreement, the Board
of Supervisors may adopt the option they choose at the August 10"' meeting or a lesser amount
of land within the option chosen for annexation effective on December 31, 2005.
Following final adoption of the Agreement to Relocate the Boundary Line under Option
1 or Option 2 by both the Town of Middletown and Frederick County, under Section 15.2-
3108 of the Code of Virginia, 1950, as amended, the Circuit Court of Frederick County will
review the evidence submitted in support of the adopted Agreement and by Order establish the
new boundary to become effective on December 31, 2005.
I hope this letter adequately explains the process and l will be available if you or any
members of the Board have any questions.
Sincerol
:~
Cli ord L they, Jr.
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