(a) Annexation policy. The long standing policy of the municipality, as the same has been periodically expressed by way of motion and otherwise in the minutes of the Council and other agencies of the municipal government, requiring land contiguous or adjacent to the municipality to be annexed to the municipality in order to be provided with municipal utility services, shall be and hereby is reaffirmed.
(b) Limitation to surplus utilities. Only surplus utilities may be distributed outside the corporate limits of the municipality.
(c) Electric service. Electric service may be distributed outside the corporate limits at the discretion of the Manager at the prevailing rate as charged within the corporate limits.
(d) Sanitary sewer and water service.
(1) All sanitary sewer and water service rates outside the corporate limits shall be at a rate of 50% over the prevailing rate charged within the corporate limits.
(2) Application of sanitary sewer and/or water service:
A. By resident freeholder. Whenever an owner of real estate, which is located outside the corporate limits and is so located that it should become a part of the municipality, makes a binding commitment by a signed agreement on behalf of himself or herself and subsequent owners, whereby it is agreed that he or she or his or her successor sign any petition or other document necessary to procure annexation of such real estate and do all other things necessary and proper to bring about annexation of his or her land, then the Manager shall report such fact, and his or her recommendation, to Council for its consideration as to whether or not water service and/or sewer service shall be furnished to such owner.
B. By nonresident freeholder.
1. An owner of real estate, which is located outside the corporation limits and is so located that such real estate should become a part of the municipality, may request an extension of water service upon the condition that the owner and/or developer thereof provides for annexation by means of a covenant placed in the chain of title of the real estate to be served so that all subsequent resident freeholders upon purchase of such real estate from the owner and/or developer are required to consent to and to undertake annexation proceedings. Such covenant shall include a statement as to the benefitted party and specify who may enforce the provisions thereof and shall otherwise provide as follows:
“The Grantee, by the acceptance of this Deed, and as a further part of the consideration therefor, for himself or herself, his or her heirs, executors, administrators, successors and assigns, hereby irrevocably consents to the annexation of the property herein conveyed to the Municipality of Columbiana, State of Ohio, and further binds himself or herself to join in any proceedings to effect any such annexation and agrees that such Agreement shall be a covenant running with the land and shall be binding upon such grantee, his or her heirs, executors, administrators and assigns.”
2. The recorded plat must be presented to Council showing evidence that the covenant as above stated has been recorded with such plat.
(e) Adjoining property. All lands that abut and adjoin any proposed utility must sign and become subject to this section before utilities can be made available to such property.
(f) Cost of construction. The cost of construction of any sewer and/or water utility line outside the corporate limits shall be paid by the person or persons requesting the utility, and the size and type, along with the design and plan, must be approved by the Manager and shall be at least minimum municipality size and standards. No water main shall be less than six inches and no sanitary sewer shall be less than eight inches, all subject to provisions of the subdivision regulations.
(Ord. 1672, passed 4-1-1969; Ord. 75-O-197, passed 11-18-1975; Res. 91-R-121, passed 7-16-1991)