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HomeMy Public PortalAbout1992_10_27_R211T te Town of y,eesburg, /irginia PRESENTED October 27, 1992 RESOLUTION NO. 92-211 ADOPTED October 27~ 1992 A RESOLUTION: ESTABLISHING PRO-RATA FEES FOR EAST LEESBURG SEWER SYSTEM IMPROVEMENTS WHEREAS, Section 15-15 of the Town Code authorizes the town to collect pro-rata fees for town- constructed sewer conveyance facilities necessitated, at least in part, by future subdivisions or development of land; and WHEREAS, the town proposes capital expenditures to be included in the FY 93-FY 97 Capital Improvements Program, for sewer conveyance system improvements within the Upper Cattail Branch Sewershed to include construction of approximately 13,000 feet of 15, 18 and 21-inch gravity sewer pipes, a 3.85 MGD sewage pumping station and 2,500 feet of 14" forcemain; and WHEREAS, a "public notice" regarding Council's intention to establish pro-rata fees for the East Leesburg Sewer system improvements was published the week of September 7-11, 1992 in a local newspaper of general circulation, along with individual notices mailed to all known property owners; and WHEREAS, it has been determined that twenty percent of the cost of the installation of this facility is for public benefit and eighty percent is for the benefit of property owners or developers of undeveloped lands in the Upper Cattail Branch Sewershed; and WHEREAS, the total estimated cost for all improvements associated with the East Leesburg Sewer System project is $3,917,000.00: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The East Leesburg Sewer System Improvements pro-rata facility charge is hereby established, effective upon passage, at $2.23 per gallon per day of estimated sewage flow for all new connections or expanded use of existing connections in Section I of the service area and $0.88 per gallon per day of estimated sewage flow for all new connections or expanded use of existing connections in -2- A RESOLUTION: ESTABLISHING PRO-RATA FEES FOR EAST LEESBURG SEWER Section 2, as shown on the attached map. SECTION II. The fee as specified in Section I shall be paid prior to the issuance of a zoning permit and concurrently with the payment of required availability fees for new connections or expanded use of existing connections to the East Leesburg sewer system. SECTION III. The fee shall be adjusted by the percentage increase or decrease in Engineering News Record Construction costs index value at the time of application. The current construction cost index value from which the increase or decrease shall be measured is 4992. SECTION IV. The fees established herein shall run with the property and the Town Manager shall maintain for public inspection a record of properties subject to these fees. SECTION V. The Town Attorney is hereby authorized to negotiate, on behalf of the town, a supplemental agreement to the April 19, 1988 Sewer Construction Agreement releasing the town from any and all obligations under said agreement. In the event the sewerage conveyance facilities referenced herein are constructed under the terms of the 1988 Sewer Construction Agreement, all pro-rata fees collected by the town under the East Leesburg Sewer pro-rata will be paid to the project manager of the sewer agreement to be credited to the percentage due pursuant to such agreement for such payer of the pro-rata. SECTION VI. The East Leesburg Sewer Improvements capital project is hereby established in the FY 93-97 Capital Improvements Program for construction in FY 1995 and shall be funded, in part, through use of any excess funds from the Series 1992 Utility Revenue Bond Issue. PASSED this 27th day of October , 1992. ATTEST: Clerk ~f Count~il Attachment James Clem, Mayor Town of Leesburg EAST LEESBUIRG SEWER AI~PROXIMATE LOCATION SYSTEM '-'~'--JP 01N T A ,STUDY AREA LEGEND .SITES SUBJECT TO PRO-RATA '@ / TROL FA,