HomeMy Public PortalAbout1970_06_10 18(1
• MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1970.
• • A regular meeting of the Leesburg Town Councilwas held in the •
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on June
10, 1970 at 7 :30 P.M. The meeting was calledto order by. the Mayor,
with .Councilman Murray offering the prayer. Those present were : Mayor
-Kenneth B. Rollins, Councilmen G. Dewey Hill , Frederick R. Howard, Wal-
ter F. Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace, Jr. ;
also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin.
The Minutes of the regular meeting of May 27 , 1970 were approved as
written.
Town Manager Ritter reported the following:
(1) He explained several appropriations in Item 4 of the Agenda.
(2) Regarding Item 5 - the trailers requested for English Con-
struction Co. - due to the housing shortage, they have to use trailers
to house their workmen. Also, the contractor should be given some con-
sideration on this , since he expects to move the Town 's water line in
the shoulder of Route 7 for the Town at a reduced price. He had quoted
us a price of $37 ,000 for this job, figuring 100 per cent rock excava-
tion, however, Mr. Owens, General Superintendent, said he would put the
water line in at cost if we will work with him on these trailers. This
could mean a saving of $15 ,000 to $20,000. Also, he can do this at the
proper time , in relation to his other construction, rather than our let-
ting a contract to someone else to do this work, which might not coincide.
with English 's timing.
(3) On the appropriations on the Addition to the Agenda, Maryland
Excavators still have to repair the concrete gutter and seed the banks
at the Air Control Center, so this is not a final payment . Also, on
Tri-County 's appropriation, this is about one-fourth of the total con-
tract cost, so we are now in a position to ask Mrs. Carr for a part ,pay-
ment, in accordance with her agreement with the Town.
(3) The letter from Dulles International Aircraft was just re-_ _
ceived today: He tried to get Mr. Rawls to discuss this, but he is out
of Town and we do not know when he wants to take over this lease. Al-
so , the Town Attorney is not familiar with this and he thinks we should
have his opinion.
(4) Bids on the resurfacing of streets will be in by the next meet-
ing.
(5) He has been in contact with Reed, Hoyt, Washburn & McCarthy,
Bonding Attorneys, regarding the July 14th Referendum. They will send
us the proper Resolutions to be adopted in the mail today. There will
be a Call Meeting of Council Monday morning at 11:30 to adopt these
Resolutions authorizing this $1,500,000 Referendum on July 14th. The
Notice of Referendum must be published not less than 20 days prior to
July 14th and a Court Order must be entered in the same length of time.
(6) We have started the application for a $1,000,000 Grant on the
Potomac River Project. Johnson and Williams have spent a good deal of
time going through the necessary forms and have sent us a suggested let-
ter for application. The first step - a letter to the Virginia Division
of Planning and Community Affairs in Richmond - has been accomplished.
After 30 days , we sent another application to HUD in Philadelphia. This
procedure checks with those outlined at a meeting which he attended in
Richmond yesterday, listening to the heads of various Departments re-
garding Federal and State grants . It is possible - to get a 50 per cent
grant, or a grant not to exceed $1,000,000. Thefirst step is to file
Form SF101 - a preliminary form. This is reviewed and then you may be
invited to file a formal application, if they think it is worth it.
There is $150,000,000 appropriated Dar the entire country for this year,
to be distributed in six districts, of which Philadelphia is just one,
or approximately $28,000,000 for this District. HUD has accumulated
$4 ,000,000,000 in additional requests all over the country, so we do
not know how much, if any, we will get. They are using a different cri-
187
MINUTES OF JUNE 10, 1970 MEETING. • • •
teria now; for example , will it serve a low-income area?, will minority;
• employment• be used?, 'citizen interest and whether you hada received any
Federal money before . All speakers at this meeting, both Federal and
State, 'emphasized that all grants must be channelled through the Plan-
' ning District Commission, so it looks like a good thing that we are a
member.
' t ..
' After some discussion, the meeting set 'for 11:30 Monday- morning was
• changed to 9:30, to be held here in the Council Chambers. •
Councilman Hill stated that he disagreed with the paper and wanted
I to clarify the fact that his vote on the two Airport requests at last
meeting was not a freeze vote- at all. He did not feel that the appli-
- cations, as presented, represented any great deal of change' of what we
have out 'there now. He would certainly look at any other applicants
that could provide a facility different 'or better than what they have
with apprehension.
• Councilman Wallace asked if the auditors hive come yet, to which Mr.
Ritter° replied that they have not, although- they have called and said
they will be here ahead of time .
:� Councilman Wallace' asked: if Mr. Williams has given any idea of when
he would have the rate study ready. Mr. Ritter said he talked with him
and he said we should have it within the next few days and he told him we
would certainly have to have it before- the- end of the month. Mr. Wallace
C said- he would think we would. have to have it before we go ahead with
this Referendum so .we can tell the people what they are going to be pay-
ing for, 'how much they are going to be paying for utilities, etc. He
said he would like for Mr. Ritter to try to get Mr.: Williams to get this .:
study to us within two weeks at the most .
- Councilman Wallace also asked if the resurfacing of Rt.. 7 from the
First and Merchants Branch Bank down to Gino's has been discussed so that
people can make left turns . Councilman Pumphrey said they discussed this
I at the last Committee meeting. - the possibility of trying to get Dr.
Howard -to cut that bank' off. • If- we could get this , 'there would be only
that• little strip between Dr. Howard's 'and- Gino 's . Councilman Wallace
thinks something should be done about this, for- we seem to have more and
more wrecks there. He thinks something• should be done in this area so
people can pull around those waiting to make 'left turns and not hold up
traffic . -
. Councilman Wallace also brought up the question of "No Left Turn" at
the intersections of Routes 15 and 7 and Route 15 and Loudoun Street. '
Councilman Pumphrey said the Committee discussed this at length. Mr.
Ritter said he had 'ordered the signs . Mayor Rollins asked if the Com-
mittee- had recommended this. Councilman Pumphrey said two members of
the Committee thought it should be done on a trial basis between 4 and
6 in the evenings . The difficulty in making left turns if this is done
was :discussed. Mayor Rollins said this would come before Council before
it is tried. '
• Mr. Wallace also asked if Mr. Parker paid his water bill. Mr.
Ritter 'said he• paid it in full, but only after it was cut off.
Councilman Pumphrey said he would not be present for- the Utility
Committee meeting next Monday, but asked that the Committee reconsider
parking on East Royal Street . Mr. Jackson, who runs the Laundramat on
this street, wants a loading zone, to say the least, but really wants
I parking on his side of the street. Perhaps he would be happy with a
loading. zone only if he realizes that it will be- used only for this
purpose, not for him to park there all the • time.
• Councilman Murray questioned where we are getting the money in the
General Fund, since there was a question at one time as to whether there
would be any money left 'in it at all by the end of the year. Mr. Ritter
said we are getting 'in some business licenses . -
A Public Hearing was held at this time on the 'Proposed Budget for
1970-1971.• Councilman Wallace said he noticed that the $5 ,000 was not
in the Budget to Johnson and Williams for the rate study. Mr. Ritter
1
tn!1:"
' 188
MINUTES OF JUNE 10 , 1970 MEETING. . - •
• said this would come out of the Bond Issue. Councilman Murray asked if
the Police• salaries were to. be set by the Town Manager from. the amount
appropriated for Personal Services--within the Police Department. Mayor
Rollins said this is not true , salaries are left to the discretion of
the Town .Manager only in the Utility and Street Departments. Mayor Rol-
lins said that the water and sewer line construction on Valley View Avenue
had been left out of the original Budget . Mr. Ritter said the amount for
water was to be $4,560.00, and for sewer $12, 160.00, or a, total of
$16 ,720 . Mr,. Ritter also pointed out that the total Capital Outlays is
$22,735 .00.
•
Mrs . Edward Keefer addressed Council at this time, noting that the
Expenditures exceed the Revenues . She asked how it is proposed to make
up the difference. Mayor Rollins said it will be made up. from Unap-
propriated. Surplus and we will not know the . exact amount of-this until
June 30th. Mrs . Keefer asked if the tar rate is figured on the basis of
this surplus . Mayor Rollins said it is .
. On motion .of Councilman Wallace, seconded by Councilman Howard, the
Budget for 1970-1971 was unanimously adopted. (Copy attached hereto)
On motion of Councilman Pumphrey, seconded by Councilman Wallace, the
- following Ordinance was unanimously adopted:
•
BE IT. ORDAINED by the Town Council- for the Town of Leesburg, •
that the following taxes be and they are hereby levied- for
. the fiscal year beginning July 1, 1970 and ending June 30,
. 197.1 for the support of the municipal - government , the payment
_ .. of interest on municipal debts and other municipal purposes
as follows : '
1. The tax on all taxable real estate shall be at the rate
of Ninety Cents ($ . 90) on every. One Hundred Dollars• 0100.00)
. of the assessed value- thereof. • ,
2 All .tangible. personal property,; including the tangible
personal property separately classified by Sections 58-829. 1,
58-829.2 and 58-829.3 of the Code• of Virginia , excepting
therefrom household goods and effects, shall be taxed at the
rate of One Dollar ($1.00)- on every One Hundred Dollars ,($100.00)
•
of the assessed value thereof.
3 . All tangible personal property of all railroad, express ,
telegraph, telephone; power and other public service corpora-
tions .shall be taxed at the rate- of One Dollar ($1.00) on
every One Hundred Dollars ($100.00) of the assessed value
thereof, and taxable real. estate of said public service cor-
porations shall be taxed at the rate of Ninety Cents ($ . 90) ,
• on every One Hundred Dollars .0100.00) of the assessed value •
thereof.
•
4. The tax on all bank stock subject to taxation within the
Town of Leesburg shall be at the rate of Eighty Cents ($.80)
pn each One Hundred Dollars ($100.00). of the taxable value
of the share of the stock in any bank located in the Town of
Leesburg, subject to the provisions of Section 58-476 .2 of
- the 1950 Code of Virginia, as amended.
•
•
• - On motion of Councilman Murray, seconded by Councilman Orr, the
. following resolution was placed op the floor for discussion:
• BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the following appropriations be made : _
$1,000.00 - Supplemental Appropriation, - Streets-Materials .
125 .00 - Martin & Riemenschneider - Examination of Title,
•
E. Frank Myers. - Utility Fund-Capital Outlay.
61. 92 - Dewberry, Nealon & Davis - Engineering Services
on Rt . 654 Sewer Line. 1969 Bond Issue..
1,064.55 - Department of Highways - Repainting Centerline
two times . Streets-Painting.
189'
MINUTES OF JUNE 10, 1970 MEETING. - -
Mayor Rollins suggested that Mr. Moody give his report at this time,
since one of the items to be appropriated is on the Route 654 Sewer Line.
Mr. Moody reported that additional progress has been made on Con-
tract S-I. They have received the eye-beam for the chlorine room and
they were installing:that today. They will then have the brick mason come
back and he will complete the brick work on the raw sewage pumping sta-
tion. Then they will start putting the roof on. This will take care of '
all of the structures at the Plant. In the:tantime, they have completed
practically all the mechanical work on -the sludge thickener and have
about completed all the mechanical work on the two digestors. They are
in the process now of testing the digestors for leaks . They have put
the acoustic ceiling in the centrefuge room and have finished practically
all of the painting in the Control Building. They have placed the floor
tile in the front of the building and are putting in all of the equipment
in the laboratory. VEPCO came out today to set the transformer that will
go from the power line to the raw sewage pumping station. It looks more
and more like we can put the Plant into operation by July 1st if we can
maintain the present crews , however, it is slightly possible that it may
be delayed 5 to 10 days because part of the crew has been taken away.
After talking to English today, I think he will keep what he has there
until they finish the Plant . He sees no reason why we can 't put it into
operation by approximately the 1st of July, that is, if we have a li-
censed operator. It looks like he is going to have to get out and do a
little visiting and scouting and see if he can find an operator. The
more we talk to other. people ,- we find other places are having thesame
trouble we are . Salaries are fantastic , compared to what they were a
- couple of years ago. The two• filters at the Plant are completed and
ready to go.
•
He is still checking on the Rt. 15 By-Pass Sewer Line. They had to
flush this line again so he can go back through it again to find out what '
'condition the two joints are in. He doesn 't feel that it is too serious
a situation. He thinks he will have it cl red out this week so he can
make the inspection and by Monday he should have a man here to make the
repairs.
•
On the Rt. 654 Sewer Line, it is about complete. They are working
on the valley gutter replacement now where some of it had to be torn out, .
and some of it was torn out due to blasting and heavy equipment and due
to us crossing it with our sewer line. - There is some couple of hundred
feet that has to be replaced. The main overrun on this project was rock
and the Highway Department requiring us to use select material to back-
fill over the pipe because of the nearness to the Highway. We had to use
about 1561 tons of select material at $2.54 a ton. The two items to-
gether ian the cost up about $11,000. It will also take additional over-
run to knock off the old lift station and take all of the equipment out
of it and store it and then fill that in after it is tied into- the man-
hole . This will possibly run between $1,000 and $2 ,000. He will do this
at cost as a favor to the Town. He thinks this is a good idea. Council-
man Pumphrey asked him how much salvage . there will be out of .the pumping
station. Mr. Moody said we can salvage all of it and use it again if
we have occasion to do so. •
•
The resolution above was then unanimously adopted.
•
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
• following resolution was -offered :
WHEREAS, English Construction Co. has the contract for con-
struction of the southeast segment• of the Leesburg By-Pass ,
and
•
WHEREAS, due to the acute housing shortage in and around Lees-
burg, it is found expedient for the contractor to bring in
trailers to house workmen who will be engaged in construction
of the By-Pass , and- - • -
WHEREAS, in order to prosecute- the work satisfactorily and to
properly provide adequate supervision and inspection, it is
necessary for the contractor to provide office trailers for
the project,
190
MINUTES OF JUNE 10, 1970 MEETING. .
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that English Construction Co. be .permitted
to place the following trailers on State Highway right-of-
way, on the west side of .the existing By-Pass , and north of
Rt. 7 : .
(a) . 6 house trailers
(b) 4 office trailers, and
n,
BE IT FURTHER RESOLVED, that these trailers are permitted to
be stationed in the above-described area during the life of
the construction project, and
BE IT FURTHER RESOLVED, that this property shall be maintained II/
in a clean and respectable manner, and that all requirements
of the Health Department and Loudoun County be met.
• There was some discussion regarding this resolution and the. relationship
of the new Water and Sewer Ordinance Amendments to be adopted tonight.
Mr. Ritter said he did not see how we could ask them to- pay any more
since they came in three weeks ago and paid for the one water and sewer
tap. . Mayor Rollins asked if there is anything in the new Ordinance cover-
ing temporary connections . Mr. Ritter said there is nothing in the Ordi-
nance, these would have to be handled separately on. each case, Mayor
Rollins said he believed it would be unfair to charge a full availability
charge on a temporary connection. Mr. Ritter agreed with this , since the
charge is based on a long life. He said English was, charged $200 each for
the water and sewer taps and these taps will cover ll the trailers . He
said, when they move, the meter will have to be moved and the tap cut
off at the main line . The resolution was then unanimously adopted.
•
•
Mayor Rollins said there was a very, useful and informative session
of the Utility Committee the other day on the Referendum that is scheduled
for July 14th, at which Johnson and Williams was present, as well as the
engineer for the City of Fairfax, which controls the Goose Creek, water
impoundment, and the engineer from Dewberry, Nealon and Davis , who made
the study of water for the County. Councilman Pumphrey said one of the
main highlights of this meeting was that the engineer from Fairfax said
it would be at least two years before they could possibly furnish the
Town of Leesburg with water - they are in the process of installing
another impoundment, or dam, up at Beaver Dam, which will cost about
$2,000,000. Mei/ discussed discussed the agreement that the Town has with Fairfax
on furnishing water, which now reads 21 cents per thousand gallons, but
it would have to go to arbitration and he believed the figure would prob-
ably increase 13 or 14 cents, which would make our rate 34 or 35 cents
per thousand. He recommended that we go to the River, with full speed.
Mayor Rollins said he was surprised to learn that Fairfax City and its
users are using the water to its present capacity - they. have a capacity
of 6,000,000 gallons and they are using it now. It would- put them in
quite a bind if they should have to furnish Leesburg any water at all.
Councilman Wallace said he believed we should consider the point made
that, in an emergency, we should tap into the facility. that. Loudoun
County will build down Belmont Road. He thinks we should (look at this
for the future. However, this meeting gave him the kind of answers he
was looking for and told him that- we are on the right course in going to
the Potomac . He was upset over Johnson and Williams ' statement that the
water is now going to cost us 15 cents a thousand gallons, whereas in
February he said it would cost 10 cents, - this is a 50 per centrincrease
in three months . This is why he asked about the rate study - he believes
the Town people should know what their charge is going to be ,before
they vote on the Referendum. Mayor Rollins said that, even though
Johnson and Williamsrhighest figures were taken, this is half the cost
of what it would be to get water from Goose Creek. Councilman Wallace
said he believed that, in ten .years, the cost of water will be very low.
This is a 41 mgd plant, instead of 1 mgd, that he is designing at a very
low cost. He said he would like to have detailed costs on the various
installations involved. Mr. Ritter said we have preliminary figures only.
Councilman Hill said he was unable to attend the meeting, however, he
did not understand why Dewberry, Nealon and Davis reported water available
from Goose Creek, and now they say there is none available. Mayor Rol-
lins said he supposed they used the assumption that it would be available
191
MINUTES OF JUNE 10, 1970 MEETING. . --
after the expansion is completed. Certainly everyone present agreed
that there is no water available at the present time and that Goose
Creek was merely an alternative for the . Town. He also said he believed
Johnson and Williams ' cost per thousand gallons is based on increased
construction costs . Mr. Ritter added that he has increased the size of
the storage tank to lk million gallons . Councilman Murray said he asked
if siltation is going to be a problem at the Goose Creek impoundment and
Mr. Schull admitted that it was . Even though they have a contract with, .,
the Town of Leesburg, it would take a lot of negotiating for them to come .‘
up with, any water at this time . Councilman Wallace reiterated that, air ,
though he was opposed to going to the Potomac in February, he felt that t~>111
the alternatives have been studied now and he is satisfied that we should`
go there . However, he still feels the figures should be presented to the
general public before the Bond Referendum and he would like to see them
in writing and in detail. Councilman Murray agreed with this and said
he hoped that, if there is to be any further delay in getting this study,
we will be notified before the Bond Issue . Councilman Wallace said Mr.
Williams said he was delayed by making a study of the rates for the
current year. Councilman Pumphrey said he would rather have the tax-
payers complaining about the price of water, rather than having noneor
that it was muddy. Mayor Rollins said that, from all comments, it can
co , be said that the Potomac River is the most adequate supply of water for
CD the cheapest price . Councilman Howard pointed out that Potomac River water
is softer, which means people will not have to replace elements in hot
water heaters as often .
` : Councilman Murray explained that, on the rezoning of the Carter
tract, the Chairman had appointed a committee of three members to study
this matter and make a recommendation. Gold Star Homes agreed that they
. would be willing to resubmit their plans to include a buffer zone. He
said all they wanted on this particular Hearing was the commercial zon-
ing on Route 15 . The Commission felt this would be spot zoning, so they
turned it down and returned it to Gold Star: Homes for resubmission (here
he explained just how they would plan it ontheir resubmission) . They
left very appreciative of the Commission 's recommendations and indicated
IIIthat they would come back with another site plan. Mayor •Roll-ins pointed
out that we get into a legal situation here . Even though the Planning
Commission turned this down, it is still up to the Council to advertise
for Public Hearing and for action, so he asked Mr. Forbes to have the
applicant ,write a letter withdrawing the application. He read and pre-
sented this letter for the record (letter attached hereto) .
On motion of Councilman Murray , seconded by Councilman Howard, the
following motion was presented:
That the withdrawal of Gold Star. Homes of their present re-
zoning application be accepted without prejudice , in accordance
with their letter dated June 10 1970, and that the Council re-
:J.J '_::affirms the Planning Commission's recommendation that the fee
for resubmission be waived. .
Councilman Orr raised the question about the fee being waived, stating
that he believed this fee was instituted in order to pay for the time
spent on studying such applications , etc . Discussion ensued between
Councilmen Orr and Murray on this point, and it was pointed out that
any cost of readvertisement was paid by the applicant . A roll call vote
showed 5 for and 1 against ,. with Councilman Orr casting the dissenting
vote and Mayor Rollins disqualifying himself on this question.
The recommendation from the Planning Commission that Greenhorne
IIIand O 'Mara, Inc . be authorized to prepare a Master Plan for the Town
was discussed. Councilman Murray said he believed we should apply for
Federal funds for this project and, if we get them, then go ahead with:
it . Mr . Forbes suggested that we find out from Greenhorne and O 'Mara '
(Mr. Joseph Lake) just exactly how this resolution should be worded, as
to the costs , time period, etc . Mayor Rollins asked Mr. Ritter to contact .
Mr. Lake and have a resolution on this for the next meeting.
192
MINUTES OF JUNE 10, 1970 MEETING. .
The proposed Amendments to the Sewer Ordinance regarding Sewer
Connections' and Extensionswere explained and discussed at this time ,
with Mayor Rollins explaining the Corrections attached thereto. Council-
man Pumphrey said the Utility Committee has been over this Ordinance very
thoroughly in the past several weeks and they feel that they have an
Ordinance with some teeth in it and think it will have a great bearing
• in the future on water and sewer rates . This Ordinance deals 'with avail-
ability charges and the policies to be followed by developers installing
4. these lines, along with any oversizing of same . Councilman Howard suggestec
the insertion of the word "reimbursable" preceding "cost" in the last
line of the second paragraph under Section 19-22-16 . This •was discusse '
briefly and, there being no objection, it was so ordered .by the Mayor.
Councilman Wallace raised the question of a developer having to have an
easement from an adjoining property owner in order to develop his prop-
erty . If the adjoining property owner would not give such an easement,
how could the developer develop his land? This was discussed and Mayor
Rollins said he believed .it would be questionable as to whether the Town
should build a line for a developer, however, it is not in the policy
proposed here . Councilman Pumphrey said he would certainly think that ,
before a man bought a piece of property,' he would make sure that his land
was not landlocked. Councilman Wallace asked if the Town would have the
power to condemn. Mayor Rollins said the Town would have such power, but
it would be a question as to whether or not they wished to do this. Coun-
cilman Wallace also raised the point that availability charges are fixed,
but the cost of putting in the line for each watershed would be different.
He wondered if this should not be based on the number of acres to be
served by the sewer line . Councilman Murray said the costs could be in-
fluenced by a lot of things , for example, the amount of rock encountered.
Mr. Wallace said certainly the developer would want to get back the a-
mount of his costs of a line that he puts in to serve somebody else.
He believed the availability charges should not be fixed, but should be
set up on the basis of so much per square foot , based on construction
costs - this is what the developer would be paid back for the particular
area he is going to use . This is what Fairfax and Loudoun Counties do.
He doesn 't think the schedule outlined here is equitable in certain
cases . You could cover it by basing it on the cost of the line, di-
vide this by the total number of acres in the drainage field and come
up with a" cost per acre . Councilman Pumphrey said the only part he is III
going to be reimbursed for is the oversizing because he is going to put
in a line anyway. Mayor Rollins and Councilman Pumphrey explained how a
developer who has to go through land of another owner would be reimbursed
for his cost of the extra line he would be required to put in through
the availability charges . Councilman Murray believed that this Ordinance
would insure the most desirable property being developed first. Mayor
Rollins asked if Mr. Wallace ' s question is whether or not these avail-
ability charges wi!libe sufficient to reimburse the developer. Mr. Wal-
lace asked .if it provides the proper incentive to be sure that he will
be reimbursed. He said he believed, basically , that this is good but we
may, in time , want to look at it on an acreage basis . Councilman Howard
pointed out that the developer would do the bookkeeping on this . Further
discussion continued on this matter .
On motion of Mayor Rollins , seconded by Councilman Murray, motion
was made to amend Section 19-22-5 to delete the words "as shown on the
zoning maps" and substitutethe following language : "based on the high-
est density of development of the watershed and not on the existing
zoning map. " Mayor Rollins explained that all too often property is
rezoned to a higher density, then the existing sewer line becomes too
small, then you have to go back and parallel the sewer line. He cited
the situation existing at present at Fort Evans Apartments where this
was zoned to a very low density. Since that time, other land has been
rezoned and the existing sewer line is too small for the apartments and
town houses proposed for the area. Fairfax has this situation in a
good many cases . A great deal of discussion followed on this amendment
before its unanimous adoption.
On motion of Councilman Murray , seconded by Councilman Howard, the
following Ordinance was unanimously adopted :
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Articles III and IV of Chapter 19, Sewers and Sewage
Disposal, of the Town Code of the Town of Leesburg be amended
as follows : (Copy of Amendment attached)
193 -
MINUTES OF JUNE 10 , 1970 MEETING.
The proposed Amendments to the Water Ordinance were discussed at
this time , with a great deal of discussion on Section 25-16-5 which
has to do with the size of the water line to serve<a developer's land.
The main question was who should determine the criteria to size the
water line , the engineer or the Town? Mrs . Keefer, from the audience,, :
made a few remarks , based on what Fairfax does , since her husband is ere.
ployed by Dewberry, Nealon and Davis . Councilman Murray said he believed
the Town 's engineers , together with the Planning Department and the de . .
veloper 's engineers , should make this decision, he did not see how there'
could be any iron-clad criteria established. Town Attorney Martin said
he understood both of these Ordinances to control what is done both
within and without the corporate limits of the Town - he would think the
111' Town would be governed by what the Board of Supervisors does with its
new Sanitation Ordinance . Mayor Rollins said that the County would still
have to get their water and sewer from the Town and will have to pay the
charges that the Town sets . Mr. Martin said he believed we would have
to submit our plans to the County under the new Sanitation Ordinance,
but he could see no difficulty in doing this . He believed this to be
merely a policy, not an Ordinance . However, Council members and the
Mayor disagreed with this and Mayor Rollins said the Council is telling
the developers , both within and without the corporate limits , how much
they are going to have to pay to hook onto our system and he considers
CD this an Ordinance . Instead of this being done on an individual basis ,
the Town has these Ordinances which apply to them if they wish to take
nal
advantage of our system. Mr. Martin still insisted that this is not a
law, it does not have the force and effect of one. Mr . Forbes believed
the engineer should use the same criteria to size a water line as he
would a sewer line, since the water he uses would eventually go into
the sewer system. It was finally decided by general consensus that
the Ordinance covered this point. Councilman Howard asked that the word
"reimbursable" also be inserted in this Ordinance, as it was in the
Sewer Ordinance .
On motion of Councilman Orr, seconded by Councilman Pumphrey, the
following Ordinance was unanimously adopted:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Articles II and III of Chapter 25 , Water, of the Town
Code of the Town of Leesburg be amended as follows : (Copy
of Amendment attached)
On motion of Councilman Murray , seconded by Councilman Pumphrey,
the following resolution was unanimously adopted: -
WHEREAS, the Chamber of •Commerce has undertaken a beautifi-
cation program in the Town of Leesburg and has recently
planted flowers in the grassed areas in the Municipal Park-
. . ing Lot, and also placed flower boxes along the sidewalk in
the vicinity of the Museum,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg, that the Chamber of Commerce is to be con-
gratulated on this beautification program and the interest
that the Chamber has shown in improving the appearance of
Downtown Leesburg.
On motion of Councilman Pumphrey, seconded by Councilman Murray,
the following resolution was offered:
BE IT RESOLVED by the Town Council of the Town of Leesburg,
1111 that the following appropriations be made :
(a) $ 4 ,833 .82 - Maryland Excavators for work on Rt . 654 ,+ .
Sewer Line . (1969 Bond Issue)
(b) 16 ,272 .31 - Tri-County Asphalt Co. for work on Ed-
wards Ferry Road Project. (General Fund-
Streets-Capital Outlay)
Mayor Rollins asked if this was the final payment on the Rt. 654 Sewer
Line . Mr. Moody said this would not be made until after he has in-
spected it and given final approval .
194
MINUTES OF JUNE 10, 1970 MEETING.
Councilman Wallace asked if the Highway Department has been con-
tacted regarding four-laning Edwards Ferry Road from the Town limits
. to the By-Pass. Mr. Ritter said they have, but they do not know.exactly
what they are going to do at this crossing, they don ' t want to-spend any
money there until they decide what they are going to do. -
The above resolution was then unanimously adopted.
The following resolution was read.-by •the .Clerk :
BE IT RESOLVED by the Town Council of the Town of Leesburg, '
that the Town Manager be authorized to write a letter to .
DeLashmutt Associates , certifying that the Town of Leesburg
has the capacity for and will grant .water and sewer connec-
tions for 156 garden-type apartments on land now belonging
to John Wallace, in the vicinity of the Old Airport Building,
south of Edwards Ferry Road, and
BE IT FURTHER RESOLVED that this action is contingent upon
the developer installing the proper size water and sewer lines,
. in accordance with Town of Leesburg policy.
Town Manager Ritter explained that Mr. Wallace has a prospective buyer
for this section and he wants to use an FHA loan. They .want to know if
they can get the 156 water and sewer .connections . They would have to
build the lines down to Route 7 , but the line from 7 to the Plant is
not large enough. It was brought out that they are asking only if the
Town has the capacity for these connections . Councilman Murray believed
we should tell them that we have the capacity, but theyshould be advised
that the line from Route 7 to the Plant is not large enough. . Discussion
continued on this matter and Mr. Ritter said he did not see how we could
make the developer take the lines any further than Route 7 , this would
be up to the Town , however, we have no costs worked up on this at this
,time . Further discussion included serving the Fort Evans Road section
as well within this line . It was decided that the line south of Route
7 to the Sewer Plant would be discussed at the next Utility Committee trimeeting. On motion of Councilman Orr, seconded by Councilman Murray,
the above resolution was unanimously adopted, with Councilman Wallace
disqualifying himself.
Mayor Rollins referred the letter from Dulles International Aircraft
. Corporation to the Airport Committee . Councilman Orr asked that Mr.
Rawls be present at this meeting, if possible .
- Mayor Rollins said appropriations from the Budget will be made at
the next session of Council. -
•
On motion, duly seconded, the meeting was adjourned at 9:45 P.M.
— •1
Mayor
2„)/
Clerk of the Counc 1
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PHONE 759-2000
* - - Gold Star Homes, Inc. -=
1098 FAIRBANKS STREET Builders&Developers
GREAT FALLS, VIRGINIA 22066 Real Estate
June 10, 1970
Town Council
Town of Leesburg
Leesburg, Virginia
Re: Gold Star Homes , Inc .
Zoning Application
Carter Tract
Gentlemen:
This is to inform you that Gold Star Homes , Inc. hereby
withdraws its application for rezoning the Carter Tract from
R-1 and R-2 to R-3 and B-2.
We intend to submit a new application along the lines dis-
cussed with the Planning Commission, i .e . , a buffer zone of R-1
along the boundary with Prospect Hills , the Rogers tract and the
Rollins tract; a smaller R-3 area and B-2 on the King Street
frontage.
Thank you very much for your consideration in this matter.
Sincerely,
GOLD STAR HOMES , INC.
BY I"e_sr l ,.a"a✓_
Vice Pre(dent
""e
NR.
0
e
FFu b�
��IJE 4 i
S
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19 9 SEWERS AND SEWAGE DISPOSAL 19-14
Article III . Building Sewers and Connections .
Sec . 19-9 No unauthorized person shall uncover , make any con-
nections with or opening into, use, alter , or dis-
turb any public sewer or appurtenance thereof with-
out first obtaining a written permit from the Mu
nicipal Manager .
Sec . 19-10 There shall be two (2) classes of building sewer
permits: ( a) for residential and commercial ser-
vice, and (b) for service to establishments pro-
ducing industrial wastes . In either case, the
owner or his agent shall make application on a '
special form furnished by the municipality . The
permit application shall be supplemented by any
plans, specifications , or other information con-
sidered pertinent in the judgment of the munici-
pal manager .
Sec . 19-11 No connection with the municipal public sewer with-
in the corporate limits of the municipality shall
be made except on the payment of a connection fee
of Two Hundred Dollars ($200.00) , except as pro-
vided in Sec . 12-12 .
Sec . 19-12 A connection fee of One Hundred Dollars ($100.00)
for connection with the municipal public sewer
within the corporate limits of the municipality
shall be paid for each connection in subdivisions
and developments in which all sewage works have
been installed at the expense of subdividers or
developers .
Sec . 19-13 No connection with the municipal public sewer with-
. out the corporate limits of the municipality shall
be made except on the payment of a connection fee
of Three Hundred Dollars ($300.00) , except as pro-
vided in Sec . 19-14 .
Sec . 19-14 A connection fee of One Hundred Fifty Dollars
($150.00) for connection with the municipal public
• sewer without the corporate limits of the munici-
pality shall be paid for each connection in sub-
divisions and developments in which all sewage
works have been installed at the expense of sub-
dividers or developers .
19-14. 1 SEWERS AND SEWAGE DISPOSAL 19-14 .2
Sec.19-14 .1 In addition to the above fees , there shall be an
availability charge . This charge shall apply to
every sewer tap application and shall be a fixed
charge, based on type of land use as stated below.
The purpose of this charge is to compensate the
municipality or others for the cost of treatment
plants , pumping stations , trunk sewer lines and
appurtenances .
Item Type of Availability
No. Building Charges
1 Housing Unit $300
2 Apartment 300
Each additional unit 200
3 Motel 300
Each additional unit 100
4 Trailer 300
Each additional unit 150
5 Churches 300
6 Restaurants 400
7 Stores 400
8 Service Stations 400
9 Other Commercial and 400 + 5 .00
Industrial Buildings for each
fixture unit
Sec.19-14 .2 Where the developer makes connections to sewer
lines installed by the municipality or others,
there shall be a front footage charge. The pur-
pose of this charge is to compensate the munici-
pality or others for cost of sewer lines installed.
The charge shall be Four Dollars ( $4 .00) per lin-
eal foot of property frontage on a dedicated road
or easement line. On corner lots , the side on
which the sewer tap is made shall be used to com-
pute the front footage charge . In cases where the
•• property frontage is less than 50 feet , then a
19-141_7 SEWERS AIVD SEWAGE DISPOSAL 19-20
minimum frontage of 50 feet shall be used. On
residential properties , only a maximum frontage
of 150 feet shall be used, however , when the prop-
erty is subdivided or another sewer tap is re-
quested, the above minimum or maximum shall apply
until the full length of the frontage has been paid.
Sec . 19-15 All costs and expense incident to the installation .
and connection of the building sewer shall be borne
by the owner . The owner shall indemnify the mu-
nicipality from any loss or damage that may di-
rectly or indirectly be occasioned by the instal-
lation of the building sewer .
Sec . 19-16 The size, .slope, alignment , materials of construc-
tion of a building sewer , and the methods to be
used in excavating, placing of the pipe, jointing,
testing , and backfilling the trench, shall all
conform to the requirements of the building and
plumbing code or other applicable rules and regu-
lations of Loudoun County and the Virginia State
Plumbing Code.
Article IV. Extension of Public Sewer .
Sec . 19-17 It shall be unlawful for any person to fail , ne-
glect or refuse to comply with those specifications
and requirements for the construction of sanitary
sewer mains and appurtenances and pumping stations
on file in the office of the municipal manager .
Sec . 19-18 No extension of the municipal sewage works shall
be made for the purpose of serving users located
within or without the corporate limits of the mu-
nicipality except upon the approval of such ex-
tension by the Council .
Sec . 19-19 Any person desiring an extension of the municipal
sewage works as referred to in Section 19-18, shall
wake application to the Council for the approval
thereof. Such application for approval shall be
filed with the municipal manager .
Sec . 19-20 Any application , filed as provided in Section 19-19,
shall be accompanied by plans and specifications
• which meet the standards of the Town of Leesburg .
v. . . .
19-21 SEWERS AND SEWAGE DISPOSAL 19-22
Sec . 19-21 The approval of an extension of the municipal sew-
age works, as provided in Section 19-18, shall be
conditioned as follows :
(a) That the municipal sewage works shall be ex-
tended in accordance with plans and specifica-
tions approved by the Council, and in accord-
ance with the officially adopted sewer and wa-
ter extension and connection charge policy .
(b) That the applicant has secured such easements
or fee simple title, free of defects, as are
necessary , prior to construction and, upon com-
pletion,will convey by appropriate instrument
the completed system, easements and fee simple
title to the Town free of costs .
Sec . 19-22 The form for application for permission to connect
with and extend the municipal sewer works shall be
as follows:
TO THE TOWN OF LEESBURG, VIRGINIA:
The undersigned, being the
(owner , lessee , tenant , etc . )
of the property herein described
does hereby request a permit to connect with and extend the
sewer works of the Town of Leesburg, Virginia .
1 . A plat of the property showing accurately all sewers and
drains now existing is attached hereunto as Exhibit "A" .
2 . Plans and specifications covering all work proposed to
be performed under this permit is attached hereunto as
Exhibit "8" .
3 . The name and address of the person or firm who will per-
form the work covered by this permit is
In consideration of the granting of this permit , the
undersigned agrees:
1 . To accept and abide by the provisions of Chapter 19 of
the Code of the Municipality of Leesburg, Virginia, and
all other pertinent ordinances or regulations ;
2 . To install all facilities in strict accordance with the
approved plans ;
3 . To post a bond or cash deposit , if at any time required
by the municipality , with the municipality , in a sum
19-22 SEWERS AND SEWAGE DISPOSAL - 19-22
deemed to be sufficient by the municipality to guaran-
tee the satisfactory installation of the facilities and
satisfactory compliance with the provisions of this ap-
plication ;
4. To extend the sewer line and appurtenances at his ex-
pense;
5. To size the sewer line to serve the entire watershed.
The design flow shall be based on the ultimate develop-
ment of the watershed, based on the highest density of develop-
ment of the watershed and not on the existing Zoning Map;
6 . To take competitive bids on the sewer line and submit
the bids to the municipality for approval prior to the
awarding of the contract ;
7 . To keep accurate records of the cost of the sewer line,
and submit to the municipal manager , upon completion
and acceptance of the line by the municipality , the
payment invoices of the actual sewer line cost ;
8 . To plug or seal any part of the sewer works extended by
him to prevent the entrance of debris and the use of
such facilities during construction for general drain-
age or other purposes;
9 . To maintain such sewer works extended by him in a clean
and normal operating condition until such time as the
facilities are accepted by the municipality ;
10. To make all new and existing manholes accessible and
properly adjust them to final street surface elevations
upon completion of roadway surfacing operations ;
11 . To assume liability for any and all claims arising out
of or in connection with damages to the property to be
served by the facilities , to other properties and to
the facilities of the municipality incurred by reason
of the installation , operation and use of the facili-
ties , until such time as the facilities are accepted
by the municipality ;
12 . To furnish the municipality detailed plans, prepared by
a Certified Professional Engineer , showing all facili-
ties as actually built and easements as recorded, prior
to acceptance of such facilities by the municipality;
•
19-22 SEWERS AND SEWAGE DISPOSAL 19-22
13., To convey, by appropriate instrument at the time of completion,
the completed sewage works, land, all permanent easements and
fee simple title to the municipality;
14. To make no building sewer connection without first obtaining a
written permit therefor from the municipal manager, as required
in Chapter 19, Article III, of the Code of the Municipality of
Leesburg, Virginia;
15, To pay for any and all charges for the use of the public sewage
works of the municipality when and as due until such time as he
arranges for the transfer of the sewerage service accounts entered
in his name to the name of the person or persons who acquired
title to the above described property; and, in order to effectuate
the transfer of such accounts, he will arrange for the processing
of such transfers at the time of sale, rental or lease of each
parcel of the above described property.
16. The Municipality hereby agrees as follows:
To reimburse the developer for the cost of offsite outfall line
and/or for oversizing any sewer line greater than 10 inches in
diameter through his development to serve other properties.
That such reimbursement payments will be made to the developer
twice a year from money collected from the watershed availability
charges. The developer will be given credit as prepaid availability
charges for his development, not to exceed the reimbursable cost
of the sewer line,
The expiration date of this permit shall be 10 years from the date
of acceptance of the sewer line. If the amount of money collected
from availability charges within the watershed during the 10 year
period is not sufficient to reimburse the developer for the full
costs, then the developer waives his right to any future collect-
ion. The amount collected after the expiration date of the agree-
ment shall go to the municipality.
Applicant
By
Date Title
• Approved by Council:
• Address
• • Date
• Clerk of the Council
/1
•
4
19-2201 SEWERS AND SEWAGE DISPOSAL 19-22,1
Sec, 19-22.1 The following Sections shall not be applicable to those
houses within the Corporate Limits that are suitable for
occupancy as of the date of adoption of this Ordinance:
Sec, 19-14.1, 19-14.2, 19-22.5, 19-22„6, 19-22.7, 19-22.160
/l
r'1
11/1;1
. I
•
25-3 WATER 25-7 .1
Article II . Service Lines and Connections .
Sec . 25-3 No unauthorized person shall uncover , make any con-
nections with, use, alter, or disturb any public
water line or meter box and appurtenances; use, alter ,
disturb, or molest any meter valve, cock, pipe, or
' other property of the municipal water works without
first obtaining a written permit from the municipal
manager .
Sec . 25-4 No connection with the municipal public water works
shall be made within the corporate limits of the mu-
nicipality except on the payment of a connection fee
of Two Hundred Dollars ($200.00) , except as provided
in Sec . 25-5 .
Sec . 25-5 A connection fee of One Hundred Dollars ($100.00) for
connection with the municipal public water works
within the corporate limits of the municipality shall
be paid for each connection in subdivisions and de-
velopments in which all water works have been installed
at the expense of subdividers and developers .
Sec . 25-6 No connection with the municipal public water works
shall be made without the corporate limits of the mu-
nicipality except on the payment of a connection fee
of Three Hundred Dollars ($300.00) , except as pro-
vided in Sec . 25-7 .
• Soc . 25-7 A connection fee of One Hundred Fifty Dollars ($150.00)
for connection with the municipal public water works
without the corporate limits of the municipality shall
be paid for each connection in subdivisions and de-
velopments in which all water works have been in-
stalled at the expense of subdividers and developers .
Sec .25-7 . 1 In addition to the above fees, there shall be an
availability charge. This charge shall apply to
every water tap application and shall be a. fixed
charge, based on the type of land use as stated be-
low. The purpose of this charge is to compensate
the municipality or others for the cost of filtra-
tion plants , storage tanks, pumping stations, trunk
water lines and appurtenances .
25-7 . 1 WATER 25-7.2
Item Type of Availability
No . Building Charges
1 Housing Unit $300
2 Apartment 300
Each additional unit 200
3 Motel 300
Each additional unit 100
4 Trailer 300
Each additional unit 150
5 Churches 300
6 Restaurants 400
7 Stores 400
8 Service Stations 400
9 Other Commercial
and Industrial Buildings 400 + 5 .00
for each
fixture unit
Sec .25-7 .2 Where the developer makes connections to water lines
installed by the municipality or others, there shall
be a front footage charge. The purpose of this
charge is to compensate the municipality or others
for cost of water lines installed . The charge shall
be Four Dollars ( $4.00) per lineal foot of property
frontage on a dedicated road or easement line. On
corner lots , the side on which the water tap is made
shall be used to compute the front footage charge.
In cases where the property frontage is less than
50 feet, then a minimum frontage of 50 feet shall
be used . On residential properties , only a maximum
frontage of 150 feet shall be used, however , when
the property is subdivided or another water tap is
requested, the above minimum or maximum shall apply
until the full length of the frontage has been paid.
25-8 WATER 25-13
Sec . 25-8 Standard water connections shall be made by the muni-
cipality and shall include tapping the main trunk
water line, extending a standard 3/4 inch service
line across a public way to the property of the ap-
plicant abutting on such public way and furnishing,
installing and connecting a standard 3/4 inch water
meter .
Sec . 25-9 Water connections requiring service lines and appur-
tenances larger than the standard 3/4 inch lines and
appurtenances shall be made at the expense of the ap-
plicant .
Sec . 25-10 The owner or installer of approved internal fire pro-
tection systems , such as sprinkler systems , shall have
the right , at his own expense and subject to the su-
pervision and prior approval of the plans and speci-
fications of the installation by the municipality, to
connect to the municipal water mains wherever such
mains be situated, without payment of any fees to
the municipality for connection to the municipal water
system or for use of the municipality' s water when
required for the testing or operation of such fire
protection system.
Article III . Extension of Public Water Works .
Cec . 25-11 It shall be unlawful for any person to fail, neglect
or refuse to comply with those specifications and re-
quirements for the construction of public water mains
and appurtenances on file in the office of the muni-
cipal manaTc - •
Sec . 25-12 No extension of the municipal public water works shall
be made for the purpose of serving users located with-
in or without the corporate limits of the municipality,
except upon the approval of such extension by the
council .
Sec . 25-13 Any person desiring an extension of the municipal pub-
lic water works, as referred to in Sec . 15-12 , shall
make application to the council for the approval there-
of. Such application for approval shall be filed with
the municipal manager . •
25-14 WATER 25-16
Sec . 25-14 Any application, filed as provided in Sec . 25-13 ,
shall be accompanied by plans and specifications
which meet the standards of the municipality .
Sec . 25-15 The approval of an extension of the municipal public
water works, as provided in Sec . 25-13 , shall be con-
ditioned as follows:
( a) That the municipal public water works shall be
installed in accordance with plans and specifi-
cations approved by the council , and in accord-
ance with the officially adopted sewer and water
extension and connection charge policy.
(b) That the applicant has secured such easements or
fee simple title, free of defects, as are neces-
sary, prior to construction and upon completion,
conva . by appropriate instru: ::nt tL:: co:2-
pleted system, easements and fee simple title
to the Town free of costs .
Sec .. 25-16 The form for application for permission to connect
with and extend the municipal public water works
shall be as follows:
TO THE TOWN OF LEESBURG, VIRGINIA:
The undersigned, being the
(owner , lessee, tenant , etc . )
of the property herein described
does hereby request a permit to connect with and extend the
water works of the Town of Leesburg, Virginia .
1 .. A plat of the property is attached hereunto as Exhibit
2 . Plans and specifications covering all work proposed to
be performed under this permit is attached hereunto as
Exhibit "B" .
3 . The name and address of the person or firm who will per-
form the work covered by this permit is
In consideration of the granting of this permit , the
undersigned agrees:
1 . To accept and abide by the provisions of Chapter 25 of
the Code of the Municipality of Leesburg, Virginia, and •
all other pertinent ordinances or regulations;
25-16 WATER 25-16
2 . To install all facilities in strict accordance with the
approved plans;
3 . To post a bond or cash deposit, if at any time required
by the municipality, with the municipality , in a sum
deemed to be sufficient by the municipality to guarantee
the satisfactory installation of the facilities and
satisfactory compliance with the provisions of this ap-
plication;
4 . To extend the water line and appurtenances at his expense;
5 . To size the water line to serve the developer' s land
and any other land beyond the developer ' s land that the
municipality considers necessary;
6 . To take competitive bids on the water line and submit
bids to the municipality for approval prior to the a-
warding of the contract ;
7 . To keep accurate records of the cost of the water line,
and to submit to the municipal manager , upon completion
and acceptance of the line by the municipality , the pay-
ment invoices of the actual water line cost ;
8 . To maintain such water works extended by him in a clean
and normal operating condition until such time as the
facilities are accepted by the municipality;
9 . To make all new and existing valve boxes and other ap-
purtenances accessible and properly adjust them to final
street surface elevations upon completion of roadway
surfacing operations ;
10. To assume liability for any and all claims arising out
of or in connection with damages to the property to be
served by the facilities , to other properties and to the
facilities of the municipality incurred by reason of the
installation , operation and use of the facilities, until
such time as the facilities are accepted by the munici-
pality ;
11. To furnish the municipality detailed plans, prepared by
a Certified Professional Engineer , showing all facili-
ties as actually built and easements as recorded, prior
to acceptance of such facilities by the municipality; • .
25-16 WATER 25-16
12 . To convey , by appropriate instrument at the time of com-
pletion , the completed water works , land, all permanent
easements and fee simple title to the municipality ;
13 . To make no service connection without first obtaining a
written permit therefor from the municipal manager , as
required in Chapter 25, Article II , of the Code of the
Municipality of Leesburg, Virginia;
14. To pay for any and all charges for the use of the public
water works of the municipality when and as due until
such time as he arranges for the transfer of the water
service accounts entered in his name to the name of the
person or persons who acquired title to the above de-
scribed property ; and , in order to effectuate the trans-
fer of such accounts , he will arrange for the processing
of such transfers at the time of sale, rental or lease
of each parcel of the above described property .
15. The municipality hereby agrees as follows:
To reimburse the developer for the cost of water works
installed by him and/or for oversizing any water line
greater than 8 inches in diameter through his development
to serve other properties .
Such reimbursement payments will be made to the develop-
er twice a year from money collected from the availability
charges . The developer will be given credit as prepaid
availability charges for his development , not to exceed
the reimbursable, cost of the water line.
The expiration date of this permit shall be 10 years
from the date of acceptance of the water line. If the a-
mount of money collected from the availability charges with-
in the developer ' s land during the 10-year period is not
sufficient to reimburse the developer for the full costs ,
then the developer waives his right to any future collection .
The amount collected after the expiration date of the agree-
ment shall go to the municipality .
Applicant
By
Date Title
Approved by Council: .
Address
Date
Pri/ : Se
25-1601 WATER 25-1601
Sec. 25-1601 The following Sections shall not be applicable to those
houses within the Corporate Limits that are suitable for
occupancy as of the date of adoption of this Ordinance:
Sec. 25-7.1, 25-702, 25-1605, 25-16.6, 25-16„7, 25-160150