(A) Sewer main extensions may be made by the Council if the prospects, in the judgment of the Council, are that the patronage or demand for sewage service will be sufficient or result in clear benefit to the community and will be of such permanency as to warrant the capital expenditure involved.
(B) The Council may accept the offer of any prospective customer, group of prospective customers, or developer, to construct sewer main extensions, at his, her or their sole cost and expense, and to donate the same to the village, upon the following conditions and in the following numerical order:
(1) Detailed plans and specifications for said construction project shall be submitted to the village, and to all other necessary regulatory agencies, for approval. Written proof of approval of all necessary regulatory agencies must be given to the village and approval of the village must be obtained prior to commencement of construction.
(2) The village shall be notified, in writing, prior to commencement of construction, and the village shall be afforded an opportunity at all times to inspect the project during construction.
(3) Upon completion of construction of such project, a certificate shall be filed with the village by an Ohio registered engineer certifying that said project shall have been constructed in accordance with the plans and specifications theretofore filed with the village.
(4) A written tender of donation of said sewer main extensions shall be presented to the Council, together with a performance bond of the contractor in such amount and with such sureties as are acceptable to the village, indemnifying and protecting the village against imperfections in materials, equipment and workmanship which may become apparent during the period of one year subsequent to the date of presentation of such tender and acceptance by the village, and further providing that the donor shall, at his, her or its expense, remove and replace, in whole or in part, any such work, materials and equipment which may prove defective or unsuitable for the service performed or to be performed and/or which may show unreasonable deterioration within such period, upon the written demand and to the full satisfaction of the village.
(C) Sanitary sewage service shall not be provided to any customer outside the corporate limits of the village without approval of the Council.
(D) If a prospective customer or group of prospective customers or developer shall offer to construct, at his, her or their sole cost and expense, and to donate to the village, any sewer main extensions necessary to serve the proposed customer or customers as described herein, and if, because of the village’s extension plans, the village shall require a larger main than is necessary for the service required for the main extension involved, the village may enter into a purchase agreement with the proposed donor or donors to purchase the oversized main, provided that the purchase price shall not be paid in whole or in part until said construction shall have been fully completed and accepted by the village under the same terms and conditions described in division (B) of this section as if such sewer main were a fully donated sewer. The purchase price shall not exceed the difference in cost between the larger pipe size installed and the pipe size required to provide the service. Any costs to the village referred to in this division (C) may be determined from actual bids received by the village or may be computed by applying the actual average costs (not reflecting unusual costs incident to special construction) experienced by the village during the preceding twelve month period, plus or minus any amount necessary to adjust for known cost increases or decreases, respectively.
(Ord. 740, passed 5-16-94)