(1) "Construction Costs" shall mean the costs of constructing a Water Main Extension, including, without limitation, the costs of materials and labor in connection with such construction, the costs of printing, serving and publishing notices, resolutions or ordinances relating to such construction, the amount of damages resulting from the improvement assessed in favor of the owners of land affected by the improvement and interest thereon, the cost incurred in connection with the preparation, levy and collection of a special assessment in accordance with this Section 929.03, Chapter 903 hereof, and any applicable provisions of the Ohio Revised Code, the cost of purchasing, appropriating and otherwise acquiring therefor any required real estate or interest therein related to such construction, the expenses of legal services, including obtaining an approving legal opinion, in connection with such construction, interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code and any other costs permitted to be paid from the issuance of securities issued pursuant to Chapter 133 of the Ohio Revised Code for such an improvement, together with all other necessary expenditures for construction of such an improvement in accordance with the detailed drawings and specifications, but excluding all Design and Specification Costs, all such construction costs being conclusively determined after such Water Main Extension has been constructed and placed, or able to be placed, in service.
(2) " Design and Specification Costs" shall mean the costs of preliminary and other surveys and the costs related to the preparation of architectural and engineering designs, drawings, specifications, profiles and estimates in connection with construction of a Water Main Extension.
(3) "New Business Incentive Deduction" shall mean a deduction from the amount of the gross special assessment for a Water Main Extension applicable to a single subject lot or parcel of land within the City zoned commercial or industrial or to be used in a manner consistent with land zoned commercial or industrial, as such gross special assessment is calculated under subsection (b) below, such deduction being in an amount equal to the following percentages, as applicable, of such gross special assessment, based upon the number of jobs created or retained by the business using such lot or parcel of land:
Number of New or | % of Gross Special |
Retained Jobs* | Assessment Deducted |
5 - 10 | 5% |
11 - 20 | 10% |
21 - 30 | 15 % |
31 - 40 | 20% |
41 - 50 | 25 % |
51 - 60 | 30% |
61 - 70 | 35 % |
71 - 80 | 40% |
81 - 90 | 45 % |
91 or more | 50% |
*Numbers are inclusive provided, however, that the amount of such New Business Incentive Deduction shall be reduced by the amount of any grant from the Department of Development of the State of Ohio to the owner of such lot or parcel of land that will specifically be applied such owner's portion of the Property Owner's Extension Costs.
(4) "Property Owners' Extension Costs" shall mean A., with respect to property owners within the corporate boundaries of the City, fifty percent (50%) of the amount equal to the Construction Costs less the sum of the Construction Costs incurred within any intersections of the City and if the Water Main Extension was initiated by the City and not the result of a petition from affected property owners, the interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, and the financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code; provided, however, that if the Water Main Extension was not initiated by the City but was the result of a petition from affected owners or lots or parcels of land, one hundred percent (100%) of the interest on bonds and notes issued to fund such improvement, whether in anticipation of the levy and collection of the special assessments or not, and the financing costs in connection therewith as described in Section 133.15 of the Ohio Revised Code shall be included as Property Owners' Extension Costs; and B., with respect to property owners outside of the corporate boundaries of the City, the amount equal to the Construction Costs, including, without limitation, the Construction Costs incurred within any intersections.
(5) "Water Main Extension" shall mean the extension of City water service through any size pipe in the public right of way which serves two or more individual lots or parcels of land.
(b) Size of Water Main Extensions; Installation. All water main extensions shall be six inches in diameter or larger, unless, in the opinion of the City Manager, such installation would not be required to eliminate a dead end main or to improve the flow characteristics of the system. Such pipe and facilities shall be installed under City supervision and according to City specifications.
(c) Small Extensions. In no event shall any service be extended ahead of a water main, through private property or easement, to serve a lot or parcel of land not immediately adjacent to a water main, or to serve a lot or parcel of land around the corner from a water main if, in the opinion of the City Manager, a water main should be extended to serve such lot or parcel of land. However, water service may be extended to serve ahead of a water main to a lot or parcel of land or around the corner from a lot or parcel of land, provided that the owner or owners of such lot or parcel of land shall enter into a contract with the City and agree for himself or themselves, his or their heirs and assigns, to share his or their proportionate expense of any Water Main Extension which may, at a later date, be required to serve a lot or parcel of land beyond the limits of his or their own lot or parcel of land. Such agreement shall be in the form of a covenant and shall run with the land and, upon its execution, shall be recorded in the deed records of Sandusky County, Ohio, at the expense of the person so served. Such pipe and facilities shall be installed under City supervision and according to City specifications. The property owner or owners shall pay the entire cost of such installation.
(d) Assessing the Costs of Constructing Water Main Extensions. In connection with the construction of any Water Main Extension within the City, the Council shall assess upon each lot or parcel of land that bounds and abuts upon the Water Main Extension the portion of the Property Owners' Extension Costs applicable to such lot or parcel of land, as calculated in accordance with this subsection (d). Such special assessments shall be levied by the Front Foot, as hereinafter defined, of the property bounding and abutting upon the Water Main Extension.
With respect to calculation of the amount of the special assessment levied upon each lot or parcel of land bounding and abutting upon the Water Main Extension, such amount shall be calculated as follows and shall equal the NSA/P1 where:
GSA/P1 = POEC x FF/P1 AFF and NSA/P1 = GSA/P1 - NBID/P1 |
and where (1) GSA/P1 refers to the amount of the gross special assessment for a single subject lot or parcel of land prior to the application of a New Business Incentive Deduction, if any, (2) POEC refers to the aggregate Property Owners' Extension Costs under item (A) of the definition thereof and applicable to all the lots and parcels of land within the corporate boundaries of the City bounding and abutting upon the Water Main Extension, (3) AFF refers to the aggregate Front Footage (as hereinafter defined) of all such subject lots and parcels of land, (4) FF/P1 refers to the Front Footage of such single subject lot or parcel of land, (5) NSA/P1 refers to the amount of the net special assessment for such single subject lot or parcel of land after the application of the New Business Incentive Deduction, if any, and (6) NBID/P1 refers to the New Business Incentive Deduction applicable to such single subject lot or parcel of land. For the purposes of this Section 929.03, "Front Footage" shall mean the actual footage of such lot or parcel of land as measured on the side of such lot or parcel of land abutting the Water Main Extension.
In each case in which a New Business Incentive Deduction is applicable to reduce the amount of the special assessment levied on a lot or parcel of land in accordance with this Section 929.03, the amount of such New Business Incentive Deduction shall be paid by the City as part of its costs to be borne with respect to construction of the applicable Water Main Extension.
(e) Earliest Effective Date of Assessments. No special assessment shall be levied by Council in accordance with this Section 929.03 and Chapter 903 of the City's Codified Ordinances prior to one year after the date that the related Water Main Extension was completed as certified by the City Manager pursuant to Section 929.03(f) hereof.
(f) Certification of Completion of Construction of Water Main Extensions. Within thirty days of completion of construction of a Water Main Extension, the City Manager shall certify to the Clerk of Council the date that the construction of such Water Main Extension was completed and the Water Main Extension was available to be placed in service.
(g) Charge in lieu of Original Special Assessment Charge; Distribution of Charge. When a property owner of a lot or parcel of land within the corporate boundaries of the City makes a connection directly into a Water Main Extension within 10 years of the completion of construction of such Water Main Extension and in connection with the construction of which Property Owners' Extension Costs had been specially assessed in accordance with this Section 929.03, but no portion of such Property Owners' Extension Costs had been specially assessed against such lot or parcel of land to be connected, the City Manager shall not issue a permit for the purpose described in Section 933.02 hereof until the applicant has paid, in addition to the charges specified in Section 933.02, a charge equal to the full amount that would have been charged as a special assessment in accordance with Section 929.03(d) hereof had such an assessment so calculated been, or been able to be, assessed against such lot or parcel of land as a part of the original assessment proceedings.
Upon payment to the City of such charge by the property owner responsible for such a payment with respect to such lot or parcel of land, the City shall refund the amount of such charge pro rata to all current property owners of lots or parcels of land with respect to which there had been previously paid either a special assessment for their respective portion of the Property Owners' Extension Costs in connection with the construction of such Water Main Extension or prior to the payment of such charge, a charge pursuant to Section 929.03(g), each such pro rata amount to be based upon the Front Footage, as defined in Section 929.03(d), of each such lot or parcel of land as a percentage of the aggregate Front Footage of all lots or parcels of land with respect to which there had been previously paid either a special assessment for their respective portion of the Property Owners' Extension Costs in connection with the construction of such Water Main Extension or prior to the payment of such charge, a charge pursuant to this Section 929.03(g).
(h) Additional Charge for Connections Outside the City; Distribution of Charge. Extensions of water service outside of the corporate limits may be provided if title to such extensions will be transferred to the City upon completion and prior to being placed in service and the property owner or owners requesting water service shall agree for himself, his heirs and assigns, to sign an annexation petition if and when the area including such property is sought to be annexed to the City or requested by the City to be annexed. The agreement shall contain a clause setting forth that the agreement shall be attached to and made a part of any annexation petition and shall serve as a signature to the petition. Such agreements shall be in the form of a covenant and shall run with the land and upon its execution shall be recorded in the deed records of Sandusky County at the expense of the person so serviced.
In connection with the construction of a Water Main Extension outside of the corporate boundaries of the City, the owner or owners of the lots or parcels of land requesting such a Water Main Extension shall pay one hundred percent (100%) of the Construction Costs. In order for such Water Main Extension to be connected to the water system of the City and qualify for the benefits of this Section 929.03, such Water Main Extension shall be installed under City supervision and according to City specifications. At the time such Water Main Extension is placed in service, the City shall create and maintain a list of all lots or parcels of land not connected to such Water Main Extension at such time, together with the Front Footage of such lots or parcels of land.
When, within ten years of the completion of construction of such a Water Main Extension, a lot or parcel of land outside of the corporate boundaries of the City is to be connected to such Water Main Extension that was fully paid for by a property owner or owners of a lot or parcel of land other than the property owner of the lot or parcel of land presently in the process of being connected, the City Manager shall not issue a permit for the purpose described in Section 933.02 hereof until the applicant has paid two hundred percent (200%) of the permit fee specified in Section 933.02 and a charge in an amount equal to the amount of what would have been the special assessment calculated in accordance with subsection (d) hereof and applicable to the lot or parcel of land had such lot or parcel of land been subject to such a special assessment at the time of the construction of the Water Main Extension, except that for the purpose of determining the Property Owners' Extension Costs to be applicable hereunder, Property Owners' Extension Costs shall refer to the Property Owners' Extension Costs under clause (B) of the definition thereof.
Upon payment to the City of such charge by the property owner responsible for such a payment with respect to such lot or parcel of land, the City shall refund the amount of such charge pro rata to all current property owners of lots or parcels of land with respect to which there had been previously paid either a portion or all of the cost of construction of such Water Main Extension at the time of its construction or prior to payment of such charge, a charge pursuant to this subsection (h), each such pro rata amount to be based upon the Front Footage of each such lot or parcel of land as a percentage of the aggregate Front Footage of all lots or parcels of land with respect to which there had been previously paid either a portion or all of the cost of construction of such Water Main Extension at the time of its construction or prior to payment of such charge, a charge pursuant to this subsection (h).
(Ord. 1996-115. Passed 9-3-96.)