1966-07-05 - Laserfiche WebLink

Home Browse Search

RESOLUTION RE: STATE HIGHWAY COMMISSION CONTRACT - UNIVERSITY OF VA. SEWAGE DISPOSAL ON MOTION BY HR. SCRIBNER, SECONDED BY MR. RENNOLDS, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED: WHEREAS, SECTION 33-57 OF THE CODE OF VIRGINIA, AS AMENDED BY THE 1966 SESSION OF THE GENERAL ASSEMBLY, AUTHORIZES THE STATE HIGHWAY COMMISSION TO ACQUIRE RIGHTS OF WAY FOR THE CONSTRUCTION) RECONSTRUCTION, ALTERATION, MAINTENANCE AND REPAIR OF PUBLIC HIGHWAYS WITHIN MUNICIPALITIES ON PROJECTS WHICH ARE CONSTRUCTED WITH STATE OR FEDERAL PARTICIPATIONj AND WHEREAS, SECTION 33-57, AS AMENDED, FURTHER PROVIDES THAT THE STATE HIGHWAY COMMISSIONER MAY EXERCISE SUCH AUTHORITY ONLY UPON RECEIPT OF OFFICIAL REQUEST FROM THE CITY OR TOWN INVOLVED) NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF CHARLOTTESVILLE HEREBY REQUESTS THE STATE HIGHWAY COMMISSIONER TO ACQUIRE THE NEcEsSARY RIGHTS OF WAY FOR PROJECT 7250-104-101,PE101 WITHIN THE CORPORATE LIMITS OF SAID CITY AND GUARANTEES TO REIMBURSE THE STATE HIGHWAY DEPARTMENT FOR FIFTEEN PERCENT (15~) OF ALL COSTS INCURRED IN THE ACQUISITION OF SUCH RIGHTS OF WAY AND IT IS UNDERSTOOD THAT SUCH ACQUISITIONS WILL BE HANDLED BY THE COMMISSI'ONER UNDER ESTABLISHED POLICIES AND PROCEDURES AND HIS DECISION IN ALL INSTANCES SHALL BE FINAL. THE CITY MANAGER ADVISED THE COUNCIL THAT THE SEWER CONTRACT WITH THE UNIVERSITY OF VIRGINIA HAS EXPIRED AND RECOMMENDED THAT IT BE RENEWED AT THE PRESENT RATE. ON MOTION"'BY MR. PONTON, SECONDED BY MR. SCRIBNER, THE MAYOR WAS AUTHORIZED TO EXECUTE THE ~FOLLOWING SEWER CONTRACT WITH THE UNIVERSITY OF VIRGINIA; THIS AGREEMENT MADE THmS 1ST DAY OF JULY, 1966, BY AND BETWEEN THE CITY OF CHARLOTTESVILLE, A MUNICIPAL CORPORATION~ HEREINAFTER CALLED THE CITY, PARTY OF THE FIRST PART, AND THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA,- HEREINAFTER CABLED THE UNIVERSITY, PARTIES OF THE SECOND PART, WITNESSETH: THAT WHEREAS, THE PARTIES HERETO HAVE AGREED UPON A REASONABLE CHARGE FOR DISPOSAL~ THROUGH THE CITYIS SEWER SYSTEM~ OF SEWAGE FROM THE UNIVERSITYIS BUILDINGS~ AND THE EXECUTION OF THIS AGREEMENT HAS BEEN AUTHORIZED BY THE COUNCIL OF CHARLOTTESVILLE AND BY THE BOARD OF VISITORS OF THE UNIVERSITY. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO THAT FOR A PERIOD OF TEN (10) YEARS, BEGINNING JULY 1, 1966 AND ENDING JUNE 30, 1976, THE UNIVERSITY SHALL HAVE THE RIGHT TO CONNECT THE SEWAGE DISPOSAL SYSTEM OF ALL ITS PUBLIC BUILDINGS WITH THE CITYtS SANITARY SEWER SYSTEM AND THE CITY WILL DISPOSE OF ALL SEWAGE FROM THE BUILDINGS SO CONNECTED THROUGH ITS SANITARY SEWER SYSTEM. THE CITY SHALL BE OBLIGATED TO MAINTAIN IN THE CITY STREETS ADJOINING THE UNIVERSITY PROPERTY ADEQUATE MAINS TO WHICH THE UNIVERSITY SHALL HAVE THE RIGHT TO CONNECT ITS LINES AT POINTS TO BE DESIGNATED BY THE CITY. COST OF CONSTRUCTION AND MAINTENANCE OF LINES FROM THE UNIVERSITY BUILDINGS TO THE CITY MAINS SHALL BE BORNE BY THE UNIVERSITY. IN THE EVENT OF ANY CONSTRUCTION OF ANY BUILDINGS OR ALTERATIONS OF OLD BUILDINGS WHICH WILL EFFECT SUBSTANTIAL INCREASE IN THE AMOUNT OF SEWAGE TO BE DISPOSED OF~ REASONABLE NOTICE IN WRITING SHALL BE GIVEN TO THE CITY BY THE UNIVERSITY OF SUCH PROPOSED CONSTRUCTION OR ALTERATION~ SO THAT PROVISION MAY BE MADE BY THE CITY FOR SUCH INCREASE IF NECESSARY. IT IS AGREED THAT THE COMPENSATION TO THE CiTY SHALL BE BASED ON THE VOLUME OF WATER SUPPLIED TO THE UNIVERSITY BY THE CITY AND THE UNIVERSITY WILL PAY TO THE CITY AS A CHARGE FOR SEWAGE DISPOSAL) IN ADDITION TO THE COST OF WATER SUPPLIED, SEVEN CENTS (7~) FOR EACH THOUSAND GALLONS OF WATER SUPPLIED BY THE CITY