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Home My WebLink About3/5/1987 - Regularo~ AOANpy~ ~ , ~ ~ ~' Z ~ ~~ ~tYt~ ~~e A ~~~ ~~ ~~ ~s ,50 ~ ss YEARS SFSQUICENTENN~P~' ABeautifulBeginning BOARD OF SUPERVISORS BOB JOHNSON. CHAIRMAN HOLLINS MAGISTERIAL DISTRICT LEE GARRETT, VICE-CHAIRMAN COUNTY ADMINISTRATOR WINDSOR HILLS MAGISTERIAL DISTRICT ELMER C. HODGE ALAN H. BRITTLE CAVE SPRING MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT March 6, 1987 We, the undersigned, being five of the members of the Board of Supervisors of Roanoke County, Virginia, do hereby waive any defects in the notice of a special meeting of said Board of Supervisors of Roanoke County to be held at the Roanoke County Administration Center at 3738 Brambleton Avenue, Roanoke, Virginia, on Friday, March 6, 1987, at 9:00 a.m. for the purpose of for the purpose of considering the settlment of certain pending litigation, Akers, et al. v. County of Roanoke and City of Salem. i~~ -. \ ./ ~, \, \ J..,~C ~ 1 Alan H. Brittle ~~~~ Paul M. Mahoney County Attorney P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703) 772-2004 O~ ROANp'YF ~ , F A ~' Z ~ ~ ~u ~rt~ ~.~e 18 E5o 1 88 SFSQUICENTENN`P~ ABeautifulBeginning BOARD OF SUPERVISORS BOB JOHNSON. CHAIRMAN HOLLINS MAGISTERIAL DISTRICT LEE GARRETT, VICE-CHAIRMAN COUNTY ADMINISTRATOR WINDSOR HILLS MAGISTERIAL DISTRICT ELMER C. HODGE ALAN H. BRITTLE CAVE SPRING MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT March 3, 1987 Mr. Elmer C. Hodge, Clerk Roanoke County Board of Supervisors p. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: Please call a special meeting of the Board of Supervisors of Roanoke County for Friday, March 6, 1987, at 9:00 a.m. to be held at the Roanoke County Administration Center at 3738 Brambleton Avenue, Roanoke, Virginia, for the purpose of considering the settlement of certain pending litigation, Akers, et al. v. County of Roanoke and City of Salem. Very truly yours, V Wi _ __~._:..._ . i3o~ Jo n, Chairman i~ Board~of S rvisors of Roanok~ County, Virginia ~ carry C. is ~, Member Board of Supervisors of Roanoke County, Virginia /sg P.O. BOX 29800 ROANOKE, VIRGINIA 2 4018-07 9 8 (703> 772-2004 f MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered this 3rd dayd co arch, 1987, and executed in duplicate originabetweenhtheeCITY OF SALEM, an constituting an original) by and incorporated city of the Commonwealth of Virginia (City) and the COUNTY OF ROANOKE, a county of the Commonwealth of Virginia (County). WHEREAS, a Petition for annexation has been filed pursuant to § 15.1-1034 of the Code of Virginia, as amenfesalem,tandstyle of Akers, el al v. Count of Roanoke and Cit o WHEREAS, a separate Petition for annexation has been filed pursuant to § 15.1-1034, Code of Virginia, as amended, in the style of Hufford, et al v. Count of Roanoke and Cit of Salem, and WHEREAS, these Petitions are currently under review by the Commission on Local Government, and WHEREAS, the City and the County have reached this Agreement concerning the pending annexation actions and further defining the City's responsibilities regarding annexatmutualncovenantsrand NOW, THEREFORE, in consideration of the agreements herein contained, the parties agree with each other as follows: 1. For the purposes of this Agreement, the term "initiated" means the initial act of notice to the Commission on Local Government of any proposed annexation. 2. The County agrees to consent to the annexation by the City of the area described in the pending annexation Petition of 95.225 acres under the style of Akers, el al v County of Roanoke and City of Salem as specifically descried by the metes and bounds description contained in that Petition. The effective date of this annexation shall be midnight on December 31, 1987, or such later date as set by the Court. .,. ` rees that it will reject any proposed 3, The City ag annexation of County territory initiated pursuant to ~ 15.1-1034 of the Code of Virginia, without the express consent of the 1 to any annexation County. This Agreement to reject will app y initiated after January 1, 1987, and until January 1, 1988. 4, For a period beginning January 1, 1988, ending July 1, 1993, the City agrees not to support or encourage any citizen petition annexations initiated during this period. Specifically, refrain from directly it is agreed that the City will absolutely or indirectly financing the cost of any citizen annexation 's fees, survey fees, petitions including any and all attorney engineering fees, or other costs related to such an effort. The City further agrees that it will not encourage in any way citizen ree to groups seeking annexation and will not reimburse, or ag reimburse, any expenses incurred should such annexation efforts be successful. The City further agrees to take no position before the Commission on Local Government and any annexation court in any case subject to this Agreement. rovisions of 5, If the City violates any of the p paragraphs 3 or 4, the County will have the right to seek an injunction in the Circuit Court of Roanoke County and the City hereby consents to the jurisdiction of that Court. Should this Court, or any other court of competent jurisdiction, find that rovisions of paragraph 3 or 4 of this the City has violated the p Agreement, then the County will be entitled to feesrand costsning such violation, and an award of all attorney s rosecuting such action. incurred in investigating and p 6, The City and the County agree that the County is entitled to the loss of net tax revenue for the five years after reed that such loss is $175,000, payable the annexation. It is ag the effective date of in a lump sum thirty (30) days following annexation. 7, The parties agree to take whatever steps necessary to obtain approval of this Agreement. 2 g, The rights and obligations of this Agrteesnheretoland binding upon and inure to the benefit of the Pa future their respective successors and assigns including any governing bodies. resents an agreement of the This memorandum rep representatives below and is subject to confirmation by the governing bodies of each jurisdiction in the proper legal documents. /~ Date: ~,~"~~ 3 ~~~ `Mpy R, City of S em L~2~ ATTEST: / Date:/ ~.~~ ~ 3 l J~T l~ CHAIRMAN, oard of Supervisors County Roanoke _ _ ~ __ .~ ATTES 3 O~ ROANp~.~` ,~ A ~~ Z Z `a 18 E50 $8 SFSQUICEN7ENN~P A Beauti~ulBeginning COUNTY ADMINISTRATOR ELMER C. HODGE City Clerk City of Salem p , p . Box 869 Salem, Virginia 24153 BOARD OF SUPERVISORS BOB JOHNSON. CHAIRMAN HOL LINS MAGISTERIAL DISTRICT LEE GARRETT. VICE-CHAIRMAN March l O / 19 8 7 WINDSOR HILLS MAGISTER !1L DISTRICT ALAN F. BRITTLE CAVE SPRING MAGISTEF AL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTER AL DISTRICT HARRY C NICKENS VINTON MAGISTERIAL DISTRICT Attached is a copy of Resolution No. 3687-1 concerning authorization to settle annexaoi~edlby1ghelBoardtoftSupervisors Salem. This resolution was a p 1987. at their joint meeting with Salem City Council on March 6, If you need further information, please do not hesitate to contact me. Sincerely, Attachment Cnvixn~~ of ~o~tnoke ...~/ Mary H. Allen Deputy Clerk P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703) 772-2004 AT A REGULAR MEETING OFT THE ROANOKE COUNTYIADMIN STRATOION COUNTY, VIRGINIA. HELD A 1987 CENTER ON FRIDAY, MARCH 6, RESOLUTION 36_-1 AiiTHORIZII~7G THE SETTLEMENT OF CERTAIN ANNEXATION LITIGATION WITH THE CITY OF SALEM, CONFIRMING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE COUNTY, AND DGREEMENT TO THERCOMMISSION ONFLOCAL AGRE GOVERNMENT WHEREAS, a Petition for annexation has been filed pur- suant to Section 15.1-1034 of the Code of Virginia, 1950, as amended, in the style of Akers, et al. v. Count of Roanoke and City of Salem; and WHEREAS, a separate Petition for annexation has been filed pursuant to Section 15.1-1034, Code of Virginia, as amend- ed, on January 9, 1987, in the style of Hufford, et al v. County of Roanoke and City of Salem; and these Petitions are currently under review by WHEREAS, the Commission on Local Government; and WHEREAS, representatives of the City and the County have reached an Agreement concerning the pending annexation actions and further defining the City's responsibilities regard- ing annexations in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of Super- visors of Roanoke County, Virginia: 1. That the Memorandum of Agreement dated the 3rd day of March, 1987, and signed by the Mayor of the City of Salem and the Chairman of the Roanoke County Board of Supervisors is hereby confirmed, ratified and approved. 2, That this Memorandum of Agreement is presented to the Commission on Local Government for its report and recommenda- tion . 3, That the County Administrator is hereby authorized to take such actions as may be necessary to accomplish the pur- pose and intent of this Agreement. On motion of Supervisor Johnson, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors Brittle- Garrett, McGraw, Johnson, Nickens NAYS: None A COPY - TESTE Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 3/10/87 CC: County Attorney Real Estate Assessor Clerk, City of Salem O~ ~OANO~~ 2 ~ ~~ ~~~~u~~ ~~r~~ a 1838 SPECIAL JOINT MEETING OF THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE SALEM CITY COUNCIL MARCH 6, 1987 - 9:00 A.M. Welcome to the Roanoke County Administration Center. This is a Special Joint Meeting of the Board of Supervisors of Roanoke County and City Council of the--City of Salem. A. WELCOME: Chairman Bob L._Johnson B. OPENING CEREMONIES 1. Call to Order and Roll Call: City of Salem 2. Call to Order and Roll 'Call: Roanoke County C. AUTHORIZATION TO SETTLE CERTAIN ANNEXATION LITIGATION AND CONFIRMATION OF MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE COUNTY. D. ADJOURNMENT ~~ ~. ~ ,-~ ~ ~~ ~ t ~~ -`~ s ~~ ~ / ~` / ~, ~~ ~~ ~ / ~ v" / a .~// .~ 9 , ~ ~ ~ ~- ~~~ AT A REGULAR MEETING OF T THE ROANOKE COUNTYIADMINISTRA'rOON COUNTY, VIRGINIA, HELD AT 1987 CENTER ON FRIDAY, MARCH 6, RESOLUTION AUTHORIZING THE SETTLEMENT OF CERTAIN ANNEXATION LITIGATION WITH THE CITY OF SALEM, CONFIRMING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE COUNTY, A MENDITOCTHEGCOMMISSION ON LOCAL THIS AGREE GOVERNMENT WHEREAS, a Petition for annexation has been filed pur- 1950, as suant to Section 15.1-1034 of the Code of Virginia- ke and amended, in the style of Akers et al. v. Count of Roano City of Salem; and WHEREAS, a separate Petition for annexation has been filed pursuant to Section 15.1-1034, Code of Virginia, as amend- ed, on January 9, 1987, in the style of Hufford, et al v. Count of Roanoke and City of Salem; and WHEREAS, these Petitions are currently under review by the Commission on Local Government; and WHEREAS, representatives of the City and the County the pending annexation have reached an Agreement concerning actions and further defining the City's responsibilities regard- ing annexations in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of Super- visors of Roanoke County, Virginia: 1. That the Memorandum of Agreement dated the 3rd day of March, 1987, and signed by the Mayor of the City of Salem and the Chairman of the Roanoke County Board of Supervisors is hereby confirmed, ratified and approved. 2. That this Memorandum of Agreement is presented to the Commission on Local Government for its report and recommenda- tion. 3. That the County Administrator is hereby authorized to take such actions as may be necessary to accomplish the pur- pose and intent of this Agreement.