19750520 r-75-12RESOLUTION NO. R-75-12
WHEREAS, by agreement dated April 7, 1965, the Board of
Supervisors of Fairfax County, Virginia, and the City Council of
the City of Fairfax, Virginia, agreed to enter into a contract
to provide for the conveyance and treatment of City sewage in
County facilities, and for the acquisition by the City of per-
manently reserved capacity in such County facilities; and,
WHEREAS, the County and City did enter into a detailed
contract for the conveyance and treatment of sewage provided
for in the aforesaid agreement of April 7, 1965, which agree-
ment was executed by the City of February 2, 1971, and by the
County on February 3, 1971, and which agreement was entitled
"Contract for the Acceptance, Conveyance and Treatment of Sewage";
and,
WHEREAS, under the provisions of Section III, Paragraph 21,
of said agreement, it was provided that "Those customers within
Popes Head and Pohick Watersheds in areas adjacent to the City
which are delineated as shaded areas on the map attached hereto
and made a part hereof, shall receive sanitary sewer service
from the City until the County shall have facilities available
for providing sanitary sewer service to these customers by gravity,
or until July 1, 1985, whichever last occurs ..... "; and,
WHEREAS, the map attached to said agreement delineated cer-
tain areas by shading, designating the same as "City of Fairfax
Service Area"; and,
WHEREAS, a portion of said area so designated is generally
known as the Brownstein Tract and is adjacent to the southwesterly
boundary of the City of Fairfax, but is located within the County
of Fairfax; and,
WHEREAS, the Fairfax County Redevelopment and Housing
Authority has submitted a proposal for a multifamily limited
R-75-12 -2
profit rental housing project on said tract of land, consisting
of approximately 226 apartments and multi-use commercial space;
and,
WHEREAS, in order to serve said tract, it is proposed by said
authority that sanitary sewer be made available by Fairfax County
to said tract, disregarding the terms of the aforesaid agreement
of February 2 - 3, 1971; and,
WHEREAS, the Council of the City of Fairfax, having the con-
tractual right to exclusive control of said area for the purpose
of providing sanitary sewer until July 1, 1985, at the earliest,
is unwilling to provide said sewage capacity beyond the density
to which the said property was zoned at the time of the execution
of the aforesaid agreement.
Now, therefore, BE IT RESOLVED by the City Council of the
City of Fairfax, Virginia, at a regular meeting thereof held on
the 20th day of May, 1975, that the City Attorney for and on be-
half of the City Council of the City of Fairfax, Virginia, be,
and he hereby is, authorized to advise, in an appropriate legal
manner, the Board of Supervisors of Fairfax County, Virginia, that
the City of Fairfax will not provide sanitary sewer facilities to
the aforesaid area known as the Brownstein Tract, containing 55.48
acres located at 4320 Lamarre Drive, Fairfax.County, Virginia,
for a use of said land beyond the density to which it was zoned
at the time of the execution of the agreement on February 2 - 3,
1971, and that the r~ght to serve said area with sanitary sewer
facilities reSts eXclusively with the City of Fairfax, until at
least July 1, 1985, and that this City intends to protect this
right bY court action if necessary.
Introduced: May 20, 1975
Adopted: May 20, 1975
Attest:
City~ Clerk