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030-21 (FredCoSanitationAurthority(FrederickWater)ArticlesOfIncorpAmendment)
RESOLUTION Action: BOARD OF SUPERVISORS: Approved RESOLUTION TO ADOPT THE ATTACHED REVISED VERSION OF THE ARTICLES OF INCORPORATION OF FREDERICK WATER WHEREAS, at the September 21, 2021 meeting of the Frederick County Sanitation Authority dba Frederick Water, its Board of Directors endorsed minor revisions to the body's Articles of Incorporation; and WHEREAS, the Board of Supervisors caused to be advertised in a newspaper of general circulation in Frederick County a copy of the proposed revisions to Frederick Water's Articles of Incorporation, along with a copy of this resolution, which advertisement gave the required notice of the date and place at which a public hearing would be held thereon; and WHEREAS, the Board of Supervisors held a public hearing regarding said revisions to the Articles of Incorporation on October 27, 2021, as duly noticed; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors adopts the attached Amended Articles of Incorporation of the Frederick County Sanitation Authority dba Frederick Water. Passed this 27th of October 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert W. Wells, Vice Chairman Aye J. Douglas McCarthy Aye Blaine P. Dunn Aye David D. Stegnnaier Aye Shawn L. Graber Aye Judith McCann-Slaughter Aye A COPY ATTEST Mary Beth n'ce Interim Frederick County Administrator Res. # 030-21 FREDERICK COUNTY SANITATION AUTHORITY AMENDED ARTICLES OF INCORPORATION Page 1 of 4 AMENDED ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY -AMENDED OCTOBER 27, 2021- In compliance with the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended), the Board of County Supervisors of Frederick County,pursuant to an Articles of Incorporation resolution dated April 10, 2017, created the Frederick County Sanitation Authority. Thereafter, the Board of County Supervisors of Frederick County, Virginia, pursuant to a resolution to adopt revised Articles of Incorporation dated November 13, 2019, amended and restated the Articles of Incorporation. Those revised Articles of Incorporation are amended and restated as follows: (a) This Authority is forined under the Virginia Water and Waste Authorities Act, its name shall be"FREDERICK COUNTY SANITATION AUTHORITY," and the address of its principal office shall be the Wellington H. Jones Administration Building, 315 Tasker Road, Stephens City, Virginia. (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRGINIA. The Authority shall be governed by a Board of Directors. There shall be five members of the Board of Directors of the Authority, each of whom shall maintain a residence in Frederick County, Virginia. The naives and addresses of the members of the Board of Directors of the Authority shall be maintained in the County Administrator's Office. The expiration of the term of office of each member is as follows: MEMBER EXPIRATION OF TERM OF OFFICE Member 1 Aril 15, 2025 Member 2 Aril 15, 2022 Member 3 Aril 15, 2023 Member 4 Aril 15, 2024 Member 5 April 15, 2024 FREDERICK COUNTY SANITATION AUTHORITY AMENDED ARTICLES OF INCORPORATION Page 2 of 4 The successor of each member shall be appointed by the Board of County Supervisors for a ten-n of four (4) years and shall serve until his successor shall be duly appointed and qualify, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualified. Any member of the Board of Directors of the Authority shall be eligible for re-appointinent. Members of the Board of Directors of the Authority shall serve with compensation as shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual expenses necessarily incurred in the performance of their duties. (c) The purpose for which the Authority is created is the acquisition, construction, extension, improvement, operation and maintenance of (a) an integrated water system for supplying and distributing water within and outside Frederick County and (b) an integrated sewer system for collecting, conveying, and treating sewage within and outside Frederick County, and the exercise of those powers conferred by the Virginia Water and Waste Authorities Act, as the same may be amended. None of the powers of the Authority shall be exercised in the acquisition, construction, extension, improvement, operation or maintenance of any project or projects which, in whole or part, shall duplicate the facilities and/or services of existing utilities, public or private, serving substantially the same purposes and area. (d) The Authority shall have a tenn of existence of fifty years from the date of this amendment and for such period or periods as may from time to time be provided by resolution of the Board of Supervisors of Frederick County. IN WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating said Authority, has caused these Amended Articles of Incorporation to be executed by the Chainnan of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the Clerk of said Board this 28th day of October 2021. MEN Chairman, Board of County a ervisors of In County, Virgin' FREDERICK COUNTY SANITATION AUTHORITY AMENDED ARTICLES OF INCORPORATION Page 3 of 4 Attest Clerk, Boaz of County Supervisors of Frederick County, Virginia j NOTICE OF pnyy .l PUBLIC HEARING km ei The Frederick County Board of Supervisors will hold a Public; Hearing on Wednesday, October 27, 2021, 7:110 P.M-, in the s o.n Board of Survisors' Meeting Room, County Administration the i Building, 107' North Kent Street, Winchester, Virginia, to !pm,, Consider the Following: Ennh cap C4mbider Adoption of Amended Articles of Incorporattion fice for the Frederick County Sanitation Authorityd/bla on Frederick Water Pursuant to Section 15.2-5110 of the Cod >pe pf V'irginra (1954,as Amended).The Primary Purposes Amendments are to Enabte the Authority to Provide for a Water Inquiries concerning the above item($) may be addressed tok at and Sewer System Outside Frederick County in the Future and the —ffice of the County Administrator between the hours o,t ats renew the Authority's Term of Existence for 50 Years. Copies ,6:1:0 AM. and 5-.00 PM, Monday through Friday, h of the Proposed Amended Articles of Incorporation are 107 North Kent Street, Winchester Virginfa 22601 (540)685 f,vellsblE at the Office ❑f tine County Administrator, 107 North 5666.Any subject file s)),including the full text of any ordinance Kent Street, 3rd Floor,Winchester,Virginia- -or of any other item(s�to be adopted are available at the Office ---- �_— cf the County Administrator. The Eoard and stay are following current recomMEnclr Toru for'` {amendment to the 21121-2022 Fiscal Year Budget-Pursuant {-sodel distancing and public gatherings. The meetino, will be ao Section 15.2-2507 of the Code of Virgir3a, 1350 e. ; 1: �':;ast via Cable Channel 16 and will be litre site _,37a Amended,the Board of Supervisors wi old a Public Hearin0 i,; „absite at wwwfcva,us7BOSNeetings. Citizens ! t or•Otte Fradenck County Public School's Request to Amend th.3 "riot to attend the meeting to speak are encouraged t) ci,+t3r-i' Fi&cvi Year 2021-2022 Budget to Reflect a Sch o0 1 )Oeste; I corril.r,snts to the,Board via. S lernenta A th A pproprfation n e ^ur, c � ' —Amount epresents nrrer''scane�r.r;- 4--ii,anic commenting on the county web. L,,,i Ko-k A) of 202'1 Etementary and Secondary Schoci -wJ_-va.us/BOSMeetings(:Click on the'eCommerlt'to +arid E-:i r ency Relief Funds (ESSER IIIA in the Amount of yt -camments.) `'„ 3,7613.88 for School Fscflily Repairs and Improvements to snarl!e Operatlons of Schools to Reduce Risk of ViruF Ln .:! to county staff Karen Veochlo at kvacchlo@frr: . . w Tran•mission and Exposure to Environmental Health Hazards Ann C';fillips at ann.phtl11ps@fcva,us by noon on the&, a the am to Support Student Health Needs in Addition to Addressing mel tinrg. Students'Academic, Social, Emotional, Mental Health Needs, and Learning Loss and the Coronavirus State and Local Fiscal :October 27 Public Hearing Comments, 1071 _✓,ret St. R�very Finds 3LF RF) in the Amours & $2,769,024 L"G ster, VA 22601. Include your name address, and 1eyC bw the l.ii.,ed States Department of the Treasury to nr.�ui ---dal district, Providrs tmerger.,v Fundisrgg to Support Ventilation Repta;-einent and Improvement Projects it: L:. ,ion by calling the Deputy Clerk at `i4Q-72.2-8273 tG i Fr i to drop off your comments. (Jkm ndment to the 2021.2022 Fiscaf Year fsudget-Pursuant o `;eclron 15 7-2507 of the Cade Qf rginiss 1350 as IrtercE.ed citizens me y appear before. the Board to s;*ak oil z nded, the Board of Supervisors wi o d a7U_6 is nearing 1hf- &Mve itemiWsl. The agenda is available online A fi nend the Fisca!Year 2421-2022 Budget to Reflect-Gene I virww.lcva.us1BD fafeatings and at the Frederick County 1 and County. apits] r jects Fir d Suppl menta Administrative Offices, 107 North Kent Street, Winchester, �prratons in t o a c $ C is—Amoura Virninia. Iti :sertun -�esrend Urrec€rrved Fr:,=,, balance in Excess of 200lo to be Transferred to the Mary T.Price a r-`.y Cap4al Furd Per the Board of Supervisors AdoptsdrInterim County Administ=i= i c - County of Frederick,Vlrpmr, wwvw,fcva.ars Noma fly Winchester Suw Weanesday OcEober 20.2021 MA, NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on-Wednesday, October 27, 2021, 7.00 RM., in the Board of Supervisors' Mee#rng Room, County Administration Building, 107 north Kent Street, Winchester, Virginia,. to Consider the Following: Consider lido�ption of Amended Articles of Incorporation for the Frederick County Sanitation Authority dlbla Frederick Water,'Pursuant to Section 15.2-5110 of the Code of garia(1990,as Amended).The Primary Purposes o� ;. m-"a nFnts are-to Enable the Authority to.Provide for at VVAter and Sewer System Outside Frederick County in the Future and R�errew the Authority's Term of Existence for 50 Years. Copies of the Proposed Amended Articles of Incorporation are Available at the office of the County Administrator,-107 North Kent Sfreet..and Floor,Winchester,V{i;ginia. Amendment to the 2021-20.22 flgpI�e�f r ut runt `r to Setnjori 15.2-2507- of+'the c Code sof ar,gi ra as Amended, the'Board,bf Supervisors mtffl a U irc-Aearin j on the Frederick,C©unty.Pvblie,Sclool's Request oArVi.end,the F'is•cal`Year 2021-2022 Budget, n to Reflect a School Operating Fund Sup leme to Appropriation ' t bn o 7g {s mounui�t epresents mencan esc"ue KaanIcct, or 2021 s Elementary and 5eronda. School Pmerge`ncyy Rel{ef"Funds=(•ESSER -flak in,the •Arriownnt'of $10.- 3 768 89 for Schon!Facil{fy Repairs acid irnpro�er e.ii s to EriablE L7paratlons i of,Schools'to Reduce is q"Virus i ransnnrssrori and exposure tts Environmental Health Ha anis and to 5uppo Student Health Needs in Addition to Addressing Students',Acadern{c,'Soclal, ;=motional, Mental Fie t'Needs, and'Learnin Loss; and-ft Coronavirus State•and L r al`F{scal Recovery..Funds,.(CSLFRFI in the 'Amount of $2,7+69 424 Altoceted b fhe tJntted Sta es Depar"ent of,1116• !g4,asbr to Provide tmergency Funding to Support 1{ersYffatro Repfarement and improvement g+oleo#s x , s a 'ri � " ; 1=letstron� tyorrr entrn ��an a`s cbrtra kl(i ftiti at www fcvas�ffJSMeetrft�s t�hrfk ora the sotnlnenY to submit At rtdment to ther2Q2d 202 4scafIlf 3til; to matron d15 2 25477 tila Code-� VWginaa, Amended the 9¢arc cf�5upp€ sr?ts ori. o a F�ubtic'Fleatrhg An�k � l ft io'at sac�ilga § r to Arriend the:Frsr ad Year 20zc7=2+722 8wdet toefiect,den tag_ rites Fio91O '£taead0yf t e ' n 9 iDUn - Capital"..1'�'rrJ]eCtS Und.. Supbt �rr1>gn#a x t �' r .., ` 4r�, pf 7pflatfQn5 Iii i€5 ou '�h{5 ' _ N € leoreten s enera 7, yearend En{>3$erved Marl ta::Clct a sferredy % the Vtihnclleser u � � Fund Balance to l=kcesiy, Trate # FM V- County Capjtl Fa,nd :Perth Boa iris Is#ef ai dl - rd ifif uperui D of°ed g 4 4 e d rs; Avlic °; $fir a r 15 ��gyy �arGFF3lb $rFBn a t© r6 {7 9 p your comments, Inquiries concerning the above itetn(s) may be addre§sed to —6 the Office_of the County Administrator between the. hours of 8:00 AM. and 5:00 PM, Monday 'through Frida , Interested citizens may appear-before the Board #o speak on 1.47 'North Kent Street, Winchester, Virginia 22601 (3401) 665 the above iterri{s). The agenda is available online at 5666.Any subject file(s), Including,the full text Of any ordinance www.icva.0s1B0S eetings and at the Frederick County or of any other:item(s)to he adopted are available at the Office Administrative Offices, f07 North Kent Street,Winchester, of1he County Administrator. Virginia: The Board and staff are following current recornmeridatibns for Bary T.Price social distancing and ppublic gatherings The meeting Mil be Interim Courrt3r Administrator broadcast via 'Cable Channel 115 and will fire :.ive streams d, Coun of Fraderiak,Virginia the website at %vww.fc%,a.usYt30SlVeetings. Citizens preferrit wwwtCus not to attend the meeting tospeak are encouraged tv submR corbmehts to the Board v1W The ""inchester Star Thursday Cyber 1-4,2021 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com September 17, 2021 Mary Beth Price Interim County Administrator 107 North Kent Street Winchester,Virginia 22601 RE: Frederick Water Articles of Incorporation revision Dear Mary Beth, In furtherance of efforts to enable the extension of Frederick Water's water and sewer services into Clarke and Warren Counties, Frederick Water requests that the Frederick County Board of Supervisors revise the Articles of Incorporation for the Frederick County Sanitation Authority d.b.a. Frederick Water. The requested revision-attached-includes language that permits the provision of water and sewer services outside of Frederick County. The extension of services outside of Frederick County was discussed most recently during the joint work session on September 8, 2021. Attached is background information in support of the revision request. I am available should you have questions. SincerE4y, Eric Lawrence Executive Director Attachments