HomeMy Public PortalAbout2015_01_27_O001 Amending Chap 34 of the TC re Financing of Water and Sewer Availability Fees The Town of
Leesburg,
PRESENTED: January 27, 2015
ORDINANCE NO. 2015-0-001 ADOPTED: January 27, 2015
AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER
SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-29
(AVAILABILITY CHARGES FOR WATER SERVICE) AND
CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE
DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-127
(AVAILABILITY CHARGE FOR SEWER SERVICE)
WHEREAS,the Code of Virginia of 1950, as amended, § 15.2-2119 allows the Town
Council to set water and sewer availability fees; and
WHEREAS,the town code currently authorizes the financing of water and sewer
availability fees which is advantageous to commercial property owners and perspective tenants;
and
WHEREAS, Council has recommended amendments to Town Code §§ 34-29 and 34-127
regarding financing of water and sewer availability fees in order to allow additional customers
the benefit of financing; and
WHEREAS, staff has reviewed and presented the current process and eligibility of
financing of availability fees; and
WHEREAS, the Town Council held a public hearing on January 27, 2015 to consider
these amendments to the Town Code.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. § Sec.34-29. -Availability charges for water service.
(b) The water connection and water service availability fees shall be paid prior to the
issuance of a zoning permit or,where no zoning permit is required, before extension of
water service to any new or additional use on the premises,provided however that in
the event the availability fee per connection is in excess of$10,000.00 current
minimum commercial fee,the amount owed exceeding$14,080.08 current
minimum commercial fee may be paid in installments pursuant to a contract that has
been approved by the town manager. Such contract shall coincide with a commercial
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AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER
SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-29
(AVAILABILITY CHARGES FOR WATER SERVICE) AND
CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE
DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-127
(AVAILABILITY CHARGE FOR SEWER SERVICE)
lease but for not more than 60 monthly installments and shall provide for interest to be
paid on the unpaid balance at the legal judgment rate or six--prime plus three(3)
percent per annum,whichever is greater less. Surety to the satisfaction of the town
manager shall be required. The unpaid principal may be paid in full without penalty at
any time. If any installment is not paid when due,the entire remaining balance shall be
immediately due and payable. The town manager shall discontinue water service to the
premises for which the fees required in this article remain unpaid for ten days from the
date of notice of the amount of such fees to the owner or contract holder. Should the
water service availability fee be delinquent, any sums paid on the account for any
charges shall be applied to the availability fee charge first,then any remaining balance
to other charges.
§ 34-127. -Availability charge for sewer service.
(b) The sewer connection and sewer service availability fees shall be paid prior to the
issuance of a zoning permit or, where no zoning permit is required, before extension of
sewer service to any new or additional use on the premises,provided however that in
the event the availability fee per connection is in excess of X000.00 current
minimum commercial fee,the amount owed exceeding$57000.00 current
minimum commercial fee may be paid in installments pursuant to a contract that has
been approved by the town manager. Such contract shall coincide with a commercial
lease but for not more than 60 monthly installments and shall provide for interest to be
paid on the unpaid balance at the legal judgment rate or six-prime plus three(3)
percent per annum, whichever is greater less. Surety to the satisfaction of the town
manager shall be required. The unpaid principal may be paid in full without penalty at
any time. If any installment is not paid when due,the entire remaining balance shall be
immediately due and payable. The town manager shall discontinue sewer service to
premises for which the fees required in this article remain unpaid for ten days from the
date of notice of the amount of such fees to the owner or contract holder. Should
payment not be made on said contract ten percent of the monies paid to the town for
water and sewer service shall be applied to the availability fee contract until such
contract is paid in full. Should the sewer service availability fee be delinquent, any
sums paid on the account for any charges shall be applied to the availability fee charge
first, then any remaining balance to other charges.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
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AN ORDINANCE: AMENDING CHAPTER 34 (UTILITIES), ARTICLE II (WATER
SYSTEM), DIVISION 1 (GENERALLY), SECTION 34-29
(AVAILABILITY CHARGES FOR WATER SERVICE) AND
CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE
DISPOSAL), DIVISION 1 (GENERALLY), SECTION 34-127
(AVAILABILITY CHARGE FOR SEWER SERVICE)
SECTION III. This ordinance shall become effective upon passage.
SECTION IV. If any provision of this ordinance is declared invalid,the decision shall
not affect the validity of the ordinance as a whole or any remaining provisions of the
ordinance.
PASSED this 27th day of January, 2015.
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IC`rigt- Jr' . U stand, Mayor
Town of Leesburg
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er of Coun-
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