2013-25 ORDINANCE NO. 2013-25
AN ORDINANCE APPROVING AN ASSET PURCHASE AGREEMENT WITH THE
FAIRFAX COUNTY WATER AUTHORITY FOR WATER SYSTEM ASSETS
LOCATED WITHIN THE CITY OF FAIRFAX AND FAIRFAX COUNTY.
WHEREAS, the City Council by resolution adopted on April 9, 2013, approved the terms
and conditions of a mediated settlement (the "Settlement") with the Fairfax County Water
Authority ("Fairfax Water") and Fairfax County under which City water system customers
will become retail customers of Fairfax Water; and
WHEREAS, the City and Fairfax Water have negotiated the terms of an asset purchase
agreement (the "Agreement") implementing the terms of the Settlement, under which City
and County water customers currently served by the City will become retail customers of
Fairfax Water, among other provisions.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that the form of the Agreement attached to this ordinance as Exhibit "A", is hereby
approved in its entirety, specifically including, but not limited to, the sale and transfer of
various City water system assets (including certain real property assets and the granting of
various easements over City property and City rights-of-way as applicable) and the transfer of
City water system workers to Fairfax Water.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
the City Manager is hereby authorized and directed to make any modifications to the form of
the Agreement that do not substantially alter the terms of the Agreement, and to finalize and
execute the Agreement on behalf of the City, subject to the concurrence of the City Attorney.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
the City Manager is hereby authorized and directed to finalize, execute and deliver any and all
agreements, affidavits, deeds, easements, promissory notes and other documentation
necessary and proper to implement the terms of the Agreement and to consummate the
transactions contemplated thereby, subject to the concurrence of the City Attorney.
This ordinance shall become effective as provided by law.
INTRODUCED: October 8, 2013
PUBLIC HEARING: October 22, 2013
ENACTED: October 22, 2013
Mayor
/0/25/3
Date
ATTEST:
1J.2
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye