The Mirror contacted Cape Charles Town Manager John Hozey to inquire about the status of the Annexation Agreement Talks between the Town and Preserve Communities. Mr. Hozey provided the following:
Yes, we’ve been making progress in our discussions with Preserve Communities regarding a possible annexation agreement amendment. We had hoped to get something finalized in time for this month’s regular Council meeting, but we were not able to get it ready quite that fast. If things continue to proceed well, we hope to have something ready for a public hearing at the April regular Council meeting.
So how does one go about Amending and unnamed Annexation Agreement? There are several Annexation Agreements. Which one is the Town attempting to modify, revise, or amend? How does one amend, revise or modify an Agreement that led to two (2) Annexation Orders and a restatement of those Order in March 2002 by the Virginia Legislature at the request of the Town? Each Agreement “runs with the land”. The Court(s) Order are filed in the Clerk’s Office – they are Public Laws in the Land Records of the County. Those Orders are Legislative Acts. How does a Town enact any Ordinance in contravention to the Special Annexation Order of the Supreme Court of Virginia? How does the Town enact an Ordinance in contravention to the Order of the District Court of Northampton County, Virginia? There could be a new Agreement between the Town and Preserve Communities – but how does the County fit into that new Agreement since the Town, the County and Brown & Root I (now Preserve Communities) all signed several Settlement Agreements that concluded Preserve Communities has to foot the bill for expanding or upgrading the Town’s utilities as Bay Creek expands under its own PUD document which the Town enacted (a Legislative Act, also) in February 1991? Too many unknown and unanswered questions that the Town dodges. How does the Town convey title to those unknown obligated amounts to a third party – which is not a party to the Annexation Orders?