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AN ORDINANCE AMENDING SECTIONS 37 AND 38 OF CHAPTER 31 OF THE CHARLOTTESVILLE CITY CODE OF 1945 RELATING TO CHARGES FOR SEWER CONNECTIONS AND SEWER CONNECTIONS OUTSIDE THE CITY LIMITS. BE IT ORDAINED by the Council of the City of Charlottesville that Sections 37 and 38 of Chapter 31 of the Charlottesville City Code of 1945 be and the same are hereby amended and reenacted so as to read as follows: SEC. 37. Sewer Connections - Application; Charge. The work of running connecting lines from the city sewer to the property line of the owner shall be done by the city, but the owner shall pay to the city therefor thirty dollars for each connection. Such connection shall be made only upon applica- tion in writing on a form provided by the City Manager, to whom application shall be made, and the payment above mentioned shall be made at the time of application. SEC. 38. Same - Outside City; Application; Contract Executed by Property Owner. The owners of property outside 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, provided 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 twenty years, commencing on the date of this agreement, 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 residents and property owners, including those hereinafter specifically set forth. The consideration for the aforementioned right is as follows: (1) The owner agrees to pay to the City quarterly thirty per centum of the charges for water furnished by the City during said quarter, provided however that in no event shall the quarterly sewerage charge be less than $6.00. Such charges shall be paid within fifteen days after receipt of state- ment of the amount due. (2) The owner agrees to construct and maintain said private sewer under the supervision of the City and in accordance with such regulations and re- quirements 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 if same are not paid within fifteen 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 para- graph 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."