AGENDA DATE: 8/5/2015
TITLE:
Title
Transfer of property to the Rivanna Water and Sewer Authority (RWSA) pursuant to Four-Party Agreement
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution authorizing the conveyance of Properties to the Rivanna Water and Sewer Authority pursuant to the 1973 Four-Party Agreement
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Davis, Herrick
PRESENTER (S): Larry Davis
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: In the June 12, 1973 Four-Party Agreement between the County, the City of Charlottesville, the Albemarle County Service Authority (ACSA), and the Rivanna Water and Sewer Authority (RWSA), the ACSA agreed to sell and the RWSA agreed to purchase certain listed water and sewer facilities within 10 years of June 12, 1973, or when the debts attributable to the construction of each of the listed facilities had been paid. Under that Agreement, the County agreed to join in the sale to the extent of its interest in the listed facilities. By Deeds and Bills of Sale dated June 30, 1983 and May 9, 1989, the ACSA and the County transferred to the RWSA some, but not all, of the assets and facilities designated for transfer in the Agreement. The debts attributable to the construction of those facilities not yet transferred by the ACSA and the County to the RWSA have been paid. The ACSA has agreed to transfer the remaining assets and facilities without additional payment from the RWSA, consistent with a 2004 ACSA Resolution. The County is now being asked to convey its interest in the listed facilities, as the parties had agreed in 1973.
STRATEGIC PLAN: Goal 2: Critical Infrastructure: Prioritize, plan and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs.
DISCUSSION: Under the proposed Deed (Attachment C), the County would convey to the RWSA by quitclaim all rights, title and interest that the County may have in the parcels listed on Attachment A of the Deed, excluding any fee simple interests in the Beavercreek Reservoir and the Totier Creek Reservoir. The County’s quitclaim conveyance would include easements and/or rights-of-way it may have that are associated with the water and sewer facilities on those parcels. The County would continue to retain title to the Beavercreek Reservoir and the Totier Creek Reservoir, but would lease all County water rights in those reservoirs to the RWSA, as agreed in the Four-Party Agreement, for so long as that Agreement remains in effect.
Virginia Code § 15.2-1800 requires a public hearing for conveyances of County property. This requirement applies, even though the RWSA’s request is to simply complete the transfers agreed to in the parties’ 1973 agreement. At the RWSA’s request and consistent with the parties’ prior agreements, these documents have been drafted for the signatures of the Board Chair and Mayor.
BUDGET IMPACT: No budget impact is anticipated.
RECOMMENDATION:
Recommendation
Following a public hearing, staff recommends that the Board adopt the attached Resolution (Attachment A) approving the conveyance of the subject properties to the RWSA and authorizing the Chair to execute a Bill of Sale (Attachment B), a Deed (Attachment C), and any other associated documents necessary for the conveyance of the subject properties, after they have been approved in substance and form by the County Attorney.
ATTACHMENTS:
A - Resolution
B - Proposed Bill of Sale
C - Proposed Deed