Sec. 492(3). Sewer connection outside of City—application—how
made—contracts—charges.
The owners of property outside of the City limits desiring to
connect with the City sewerage system shall make written application
to the City Council. If the Council approves such application,
the City Manager shall grant a permit for such connection
subject to the provisions of this Chapter, providing the following
contract is duly executed by the property owner and recorded at
the expense of the property owner:
"THIS AGREEMENT, made and entered into this . . . . . .
day of . . . . . . . . . . . . . . , 19 . . . . , by and between the CITY OF
CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as
the City, and . . . . . . . . . . . . , hereinafter referred to as Owner.
WITNESSETH:
"That for and in consideration of the rental payments and
agreements on the part of the owner, hereinafter specified and referred
to, the City grants unto the owner for a term of . . . . . .
years, commencing on the date of this agreement, and ending
January 1, 1950, the right to connect a . . . . . . inch private sewer
with the City sewer, as is indicated on the attached plat, and the
further right to use said City sewer for the disposal of such sewerage
as may be incident to the use and occupation of the property
hereinafter referred to, subject however, to such general regulations,
restrictions and charges as the City may now or hereafter
impose or prescribe relative to the use of City sewers by County
resident and property owners, including those hereinafter specifically
set forth.
The consideration for the aforementioned right is as follows:
(1) The owner agrees to pay the City quarterly, in advance,
the sum of $3.00.
(2) The owner agrees to construct and maintain said private
sewer under the supervision of the City and in accordance with
such regulations and requirements as the City may prescribe, said
construction and maintenance to be entirely at the owner's expense.
(3) The owner agrees that the City shall make connection of
the private sewer with the City sewer, at such place as the City
may designate and agrees to pay the City such sum as may be
necessary to cover the cost of making said connection.
(4) In the event the owner does not properly maintain said
sewer, the City after reasonable notice to the occupant of said
premises shall have the right to maintain the said sewer at the expense
of the owner, and the owner hereby agrees to pay the City
such sums as may be expended in maintaining the same.
(5) The owner agrees that all sums herein specified or which
may hereafter be charged by the City shall be paid promptly and
that if same are not paid within ten days after the same become
due, the City shall not only have the right to collect the same by
the ordinary legal remedies, but the owner, as additional security
for the payment of said sums, hereby gives the City a lien on said
property for all sums which may become due hereunder, together
with all costs, and attorneys' fees incident to the enforcement of
said lien and the collection of said sums.
(6) The owner agrees that the private sewer shall not be used
for the disposal of surface water; that unless the City shall give
its consent, in writing, no sewerage shall be emptied into said private
sewer other than that incident to the use and occupation of
the property which was conveyed to the owner by deed from
. . . . . . . . . . , recorded in the Clerk's Office of the Circuit Court
of Albemarle County in D. B. . . . . . . . . . . , p. . . . . . . ; and that
upon violation of this paragraph of this agreement, the City shall
have the right to forfeit and terminate all rights of the owner
herein granted, and prevent the owner from using the same by
such means as may be necessary.
It is mutually covenanted and agreed that the rights and obligations
herein created shall enure to the benefit of and be binding
upon the owner's heirs, successors and assigns.
IN WITNESS WHEREOF, the City has caused this agreement
to be executed by its City Manager, . . . . . . . . , and its corporate
seal to be hereto affixed by the Clerk of its Council, . . . . . . ,
and the owner has signed the same this the year, month and day
first above written.
CITY OF CHARLOTTESVILLE, VA.,
By . . . . . . . . . . . . . . . . . . . . . .
City Manager.
. . . . . . . . . . . . . . . . . . . . . . . .
Owner.
Attest:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "
Clerk of City Council.
