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