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The following is the text of the resolution unanimously passed by Bedford City Council Wednesday night. The city school board passed an identical resolution.
A resolution of the City Council of the City of Bedford, Virginia regarding the 1988 agreement for public schools and education programs:
Whereas, the Bedford County Board of Supervisors ( the "County"), the City Council of the City of Bedford (the "City"), the Bedford County School Board (the "County School Board"), and the School Board of the City of Bedford (the "City School Board") entered into an "Agreement for Public Schools and Educational Programs," dated June 28, 1988 (the "School Contract"), pursuant to the Code of Virginia and the Charter for the City of Bedford;
Whereas, in such School Contract, the County School Board agreed to provide public school services and educational programs and certain school facilities for students residing within the City of Bedford;
Whereas, the City agreed to construct or renovate certain school facilities and to make them available to the County School Board for operation as schools for students residing within the City and for such students residing in the County as might be assigned to such schools by the County School Board;
Whereas; the County School Board agreed that, at such time as the City provided a middle school facility for the use of the County school system, the County School Board "will operate schools at the facility on College Street, the new facility on Burks Hill Road, the middle school, and Liberty High School;"
Whereas, since the execution of the School Contract, the "facility on College Street" has been operated as the Bedford Primary School for schoolchildren attending kindergarten through second grade;
Whereas, the School Contract remains in effect today and has not been amended to permit the closing of any of the facilities that the County School Board agreed to operate as schools; and
Whereas, the County School Board recently voted to close the Bedford Primary School at the conclusion of the current school year and to transfer to the Bedford Elementary School those children attending kindergarten through second grade, which action is strongly opposed by the City Council and the City School Board.
Now, therefore, be it resolved by the City Council of the City of Bedford, at a meeting held on April 20, 2011:
1. That the City Council finds that the action by the County School Board to close the Bedford Primary School and to discontinue its use as a school facility constitutes a breach of the School Contract by the County School Board;
2. That the City Council hereby expresses its fundamental opposition to the closure of the Bedford Primary School, which will be detrimental to those City and County schoolchildren attending that facility, and hereby requests that the County School Board immediately rescind its action to close the Bedford Primary School;
3. That the City Council authorizes and directs its City Attorney to initiate a suit to seek a declaration that the action taken by the County School Board to close the Bedford Primary School constitutes a breach of the County School Board's obligation under the School Contract;
4. That the City Council hereby authorizes the City Attorney to employ such additional legal counsel as he may determine will be necessary or advisable to assist with the conduct of such litigation; and
5. That the City Council directs its City Manager to forward to the Chair of the County School Board a copy of this Resolution.
In witness whereof, the City Council has caused this Resolution to be duly executed on its behalf by its Mayor and attested by its Clerk.