HomeMy Public PortalAbout1986_08_27_R184eesl~urg
PRESENTED August 27, 1986
RESOLUTION NO. 86-184
ADOPTED August 27, 1986
A RESOLUTION:
AUTHORIZING AN AGREEMENT AMONG THE TOWN OF LEESBURG, LOUDOUN
COUNTY BOARD OF SUPERVISORS, LOUDOUN COUNTY SANITATION
AUTHORITY AND XEROX REALTY CORPORATION
WHEREAS, a dispute arose between the Town of Leesburg and County
of Loudoun concerning the November 15, 1982 Annexation Agreement with
respect to the Xerox Realty Corporation rezoning approved by the county
December 16, 1985, the Leesburg Area Management Plan amendments approved
September 16, 1985, and the timing and source of utility services to the
planned Potomac Park development; and
WHEREAS, the Leesburg Town Council by Resolution No. 86-101 dated
May 28, 1986, and the Loudoun County Board of Supervisors by approved
motion on May 22, 1986, agreed to a settlement of the litigation arising
out of the dispute hereinabove described; and
WHEREAS, the town and the county expressly recognized in their negotia-
tions and settlement that Xerox Realty Corporation ("Xerox") and Loudoun
County Sanitation Authority ("the Authority") would have to agree 'to the
terms of the settlement; and
WHEREAS, counsel for the town transmitted to the county attormey
on June 23, 1986, a proposed settlement agreement for execution by the
requisite parties, including Xerox and the Authority; and
WHEREAS, the proposed agreement was modified to incorporate certain
changes suggested by the county attorney by letter dated July 31, i[986;
and transmitted to Council by memorandum dated August 15, 1986; and
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RESOLUTION - AUTHORIZING AN AGREEMENT AMONG THE TOWN OF LEESBURG, LOUDOUN
COUNTY BOARD OF SUPERVISORS, LOUDOUN COUNTY SANITATION AUTHORITY AND XEROX
REALTY CORPORATION
WHEREAS, the Authority has indicated reluctance to becoming a party
to the proposed settlement agreement, but has stated by letter dated July
14, 1986, that it "interposes no objection to the settlement and...certainly
does not wish in any way to interfere with the settlement process."; and
WHEREAS, the delay in executing the proposed settlement agreement
will result in the expenditure of public funds to prepare the appeal to
the Supreme Court of Virginia by the September 8, 1986 deadline; and
WHEREAS, this Council wishes to honor the settlement authorized by
the Town Council and Board of Supervisors through execution of the four
party agreement;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Mayor is authorized and directed to execute (1) the settlement
agreement memorializing the terms of settlement authorized by Council
Resolution 86-101 in the form as transmitted to the Council by memorandum
dated August 15, 1986, or (2) an amended settlement agreement deleting
the Authority as a party thereto so long as the Authority approves by
duly authorized resolution the settlement agreement entered into by the
town, the county and Xerox.
PASSED this 27th
uncil
day of August
, 1986~. ,
Charles J. UWilliams, Vice-Mayor
Town of Leesburg