Loading...
HomeMy Public PortalAbout1991_09_10_R183The Town of Leesburg, {[Virginia RESOLUTION NO. A RESOLUTION: PRESENTED September 10, 1991 91-183 ADOPTED September 10, 1991 AUTHORIZING AGREEMENTS FOR PUMPING AND HAULING OF SEWAGE FROM THE PROPOSED PATOWMACK POWER PARTNERS, INC., FACILITY WITHIN LEE CENTER BUSINESS PARK WHEREAS, Patowmack Power Partners, Inc. (PPPI), has requested the town enter into a contract to provide pump and haul service and treatment facilities for sewage disposal incident to the operation of an electric power generating facility within Lee Center Business Park; and WHEREAS, the Annexation Area Development Policies entered into between Leesburg and the County of Loudoun, effective on January 1, 1984, makes specific provision that the property upon which the PPPI Facility is proposed to be located is within Leesburg's service area for public utilities; and WHEREAS, this Council's approval of this request reasonably accommodates an economically appropriate use of the property: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to enter into a contract with the Virginia Department of Health setting forth that the town will provide pump and haul services, either directly or through a private contractor holding a sewage handling permit, from the Patowmack Power Partners, Inc., Facility. The town manager shall give appropriate assurances to the Virginia Department of Health that provisions of the sewage handling and disposal regulations shall be met in the operation of the pump and haul sewage disposal service under the auspices of the town. SECTION II. The town manager is authorized to enter into necessary and appropriate contracts, pursuant to Section 3.11 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health in forms approved by the town attorney, to provide pump and haul sewage disposal from the PPPI Facility under general terms and conditions as follows: (a) Pump and haul services for the PPPI Facility shall be performed by a private contractor selected by PPPI and approved by the town manager. (b) The services of the contractor shall be scheduled and supervised by the town manager in cooperation with PPPI. A RESOLUTION: AUTHORIZING AGREEMENTS FOR PUMPING AND HAULING ... 2 PATOWMACK POWER PARTNERS, INC., FACILITY (c) PPPI shall pay sewer availability fees prior to zoning permit issuance as determined under Section 15-14 of the Town Code. (d) PPPI or its assigns shall pay its allocable share of "off-site" sanitary sewer system development fees for extension of the town's sanitary sewer system to serve the Lee Center Business Park. (e) The contractor performing pump and haul services shall bill PPPI directly for the services and look only to PPPI for payment of any and all charges, costs or fees relating to the services provided. (fl PPPI agrees to indemnify and hold harmless the town for any liability to third parties arising out of the services provided. (g) PPPI shall pay to the town a sewer service fee per 1,000 gallons of effluent delivered to the wastewater treatment plant based on the schedule of sewage treatment charges in effect as of the date of the service provided. In addition to this charge, a per truck load charge of $15.00 shall be paid. The manager is authorized to increase the per truck load charge as necessary to fully recover all costs to the town for providing this service. (h) PPPI shall connect to the public sewer at such time as the sewer lines are constructed in a public street which abuts PPPI's property. (i) The agreement shall run for the period the occupied structure is utilized or connection can be made to a sewerage facility as approved by the Town of Leesburg. SECTION III. Any pump and haul permit approved for this project will not relieve the applicants from any other requirements, laws and regulations imposed by the Town of Leesburg for new construction. PASSED this 10th day of September, 1991. ATTEST: Clerk of Council ~ -'~ Robert E. Se~'~ayor Town of Leesburg