Nothing in this chapter shall require the Ohio Water Service Company to construct or extend distribution or local service mains except as may be provided for in this section or in the company's rules and regulations and subject to the city's and company's joint determination of the financial feasibility of such construction.
(a) The company may install new water mains as outlined in its long range plan. Project priorities shall be set jointly by the company and the city.
(b) The city and the company shall determine which streets should receive water service and fire protection. The company shall install new water mains if:
(1) A survey shows that a water main of sufficient size is available for extension to the area desiring service; and
(2) The owners of at least 60 percent of the frontage abutting the proposed water main have:
A. Signed an application for service and agree to connect to the extension and take service upon its completion;
B. Paid, in advance, a related facilities fee; and
C. Paid, in advance, a frontage charge per foot of frontage. The frontage charge per foot shall be determined by dividing the estimated cost of the main extension by the frontage along the route of such extension. If a water main larger than eight inches in diameter is required by the company in a residential area, the frontage charge per foot will be based on the estimated cost of a main of eight inches in diameter constructed under the same conditions.
(c) All new water mains installed pursuant to subsection (b) hereof shall be constructed and in service not later than one year after the date on which the company has received the necessary related facility fees and frontage charges as described in paragraphs (b)(2)B. and C. hereof.
(d) In addition to all other sums of money which the company expends in its normal operations or as required by this chapter, the company shall commit the sum of twenty-one thousand six hundred dollars ($21,600) for installation of transmission, distribution and local service mains, hydrants, emergency boosters, station power improvements, line pressure improvements and storage facilities, for expansion, replacement and improvement of the water system within the city. Such sum shall be used to pay for the cost of those improvements selected jointly by the company and the City Engineer. The cost of these improvements shall not exceed the sum of twenty-one thousand six hundred dollars ($21,600). The company shall complete such improvements, including restoration, by December 31, 1988.
(e) Extension of mains for private fire protection, industrial use, real estate developments or other special service may be secured under the terms and conditions outlined below.
(1) The applicant for the main extension shall submit to the company a set of detailed plans of the proposed construction, showing the location, dimensions and type of proposed construction, the location, dimensions and type of proposed mains and cost estimates (to be reviewed by the company) of the proposed construction. The plans shall be in proper form for submittal to the city. Upon request, the company will inform the developer or other party as to how the construction plans are to be prepared. Construction shall not commence until the plans have been approved by the company and the city and a written main extension agreement has been executed.
A. If the applicant desires that the company construct the main extension, the applicant shall arrange with the company to pay the costs and expenses which will be incurred by the company in installing such main extension and placing it in service.
B. If the applicant desires to construct the main extension himself or herself, or to arrange with a third party to have the main extension constructed, the company shall place such main extension in service when the following conditions have been met:
1. The water main has been pressure tested and disinfected according to company approved specifications;
2. The applicant has paid all costs incurred by the company for inspection of the waterline construction;
3. The applicant has furnished the company with a one-year maintenance bond for all water main construction within the project. The bond shall take effect from the date the main is placed in service; and
4. The applicant furnishes the company with proof of payment for all labor, pipe and other materials expended and used in construction of the project.
(2) When the extension is placed in service, it shall become the property of the company, and the company shall thereafter assume the responsibility for the operation and maintenance of the same.
(3) Should the company and the developer or other party be satisfied that the proposed extension will enable others situated along such extension to obtain water service not otherwise available from the system, the company, at the request of the developer or other party, shall enter into an agreement establishing a per foot frontage connection charge to be collected from every applicant for water service having frontage along such extension and desiring to connect such extension, which charge shall be computed, collected and disbursed as follows:
A. The per foot frontage connection charge shall be computed by dividing the developer's of other party's total cost of such extension by the total number of feet or private property frontage, including property owned by the developer or other party fronting such extension, but not including any frontage for which water service has been or may become available from a standard main of the system;
B. Each applicant for water service having frontage along such extension, which frontage was taken into consideration in computing the per foot frontage connection charge, shall pay to the company, for the account of the developer or other party, at the time of making application for service, a connection charge computed by multiplying the per foot frontage charge by the total front footage of the applicant's lot or parcel of land which is to receive water service;
C. All such connection charges collected by the company shall be paid over to the developer or other party as collected. When the total of the charges collected and paid over to the developer or other party equals the total cost of construction, without interest, or after 15 years from the date of the agreement with the developer or other party, whichever event first occurs, no further connection charges shall be made by the company, and at that time the company shall be fully relieved of its obligation under the agreement; and
D. Upon the initial application for water service for any lot, parcel of land, unit or facility abutting the main extension, the applicant shall pay to the company the appropriate related facilities fee.
(Ord. 87-O-10, passed 4-6-1987)
(f) Notwithstanding any other provision of this chapter, any provision of § 3-7 of the Consumers Ohio Water Company Master Tariff P.U.C.O. No. 2 and any provision of the Ohio Administrative Code rules regarding water main extensions, including, but not limited to, §§ 4901:1-15-32 and 4901:1-15-33 of the Ohio Administrative Code:
(1) The company, if it so desires, upon the approval by the city, may construct a water main which will enable parties situated along such main to obtain water service not otherwise available from the system. The company shall establish either a lot connection charge or a per foot frontage connection charge to be collected from each applicant for water service having a frontage along such main connecting into such main, which charge shall be computed and collected as follows.
A. Lot connection method.
1. The lot connection charge shall be computed by taking the company's total cost of such main if such main is of eight-inch pipe or smaller or, if such main is larger than eight-inch pipe, then by the estimated cost of a main of eight-inch pipe constructed under the same conditions and dividing such cost by the total number of actual and potential lots (receiving service from the main), but not including any lots for which water service has been or may become available from an existing main of the system.
2. Each applicant for water service situated along such main, which lots and potential lots were taken into consideration in computing the lot connection charge, shall pay to the company, at the time of making application for service, a total lot connection charge computed by multiplying the lot connection charge by the total number of actual and potential lots of the parcel of land which are to receive water service.
B. Per foot frontage method.
1. The per foot frontage charge shall be computed by taking the company's total cost of such main, if such main is of eight-inch pipe or smaller, or, if such main is larger than eight-inch pipe, then by the estimated cost of a main of eight-inch pipe constructed under the same conditions, and dividing such cost by the total front footage of the lots capable of receiving service from the extension, but not including any frontage for which water service has been or may become available from an existing main of the system.
2. Each applicant for water service situated along such main, which frontage was taken into consideration in computing the per foot frontage charge, shall pay to the company, at the time of making application for service, a total front footage charge computed by multiplying the per foot frontage charge by the total foot frontage of the applicant's lot or parcel of land which is to receive water service.
C. The method of calculating the connection charge shall be determined by the company and approved by the Service Director.
D. Each applicant shall also pay a related facilities fee at the time of making application for service.
(2) Residents of an existing residential street not having a water main may apply to the company for a water main extension, and the company shall install a new water main when:
A. A survey shows that a water main of sufficient size is available for extension to the area desiring service.
B. The owners of at least 60 percent of the actual and potential lots, or of the frontage abutting the proposed water main, have:
1. Signed an application for service and have agreed to connect to the extension and take service upon its completion.
2. Paid, in advance, a lot connection charge or a per foot frontage charge. The method to be used to calculate the charge shall be determined in subsection (f)(1)C. hereof, and the amount of the charge shall be computed as set forth in either subsection (f)(1)A. or subsection (f)(1)B. hereof.
3. Paid, in advance, a related facilities fee.
C. The length of the proposed water main does not exceed 1,000 feet. If the length of the proposed water main exceeds 1,000 feet, the company may construct the proposed water main in phases. The timetable for the water main construction may extend beyond one year for large (greater than 1,000 feet) projects.
(3) The company will make no refunds of contributions in aid of construction or for related facilities charges relative to the extension of any water main extension constructed after the date of this subsection, except for advances in excess of actual costs and except as set forth in paragraph (f)(4) hereof.
(4) When in the past the company has installed water main extensions under the provisions of previous contracts with the city and/or regulations of the Public Utilities Commission of Ohio, and has accepted certain deposits on such water main extensions which are subject to refund under the provisions of such contract, the company shall be required to continue to make such a refund for the term of such contract.
(5) Provisions of the Consumers Ohio Water Company Master Tariff P.U.C.O. No. 2, § 3-7, and the regulations described therein which are not in conflict with this subsection, shall continue to apply.
(Ord. 98-O-52, passed 8-31-1998)
(g) No extension of a main shall be made until the grade of the street or road has been legally fixed by the city and until the surface thereof is within one foot of such grade.
(h) As used in this section, "related facilities fee", "frontage charge", "estimated cost", "cost estimate", "estimated project cost", "cost", "construction cost", "connection charge", "charge", "total cost" and "pipeline charge," including any terms of similar import or meaning, regardless of how modified by adjectives, phrases or other terms, shall exclude any consideration of the tax imposed on advances and contributions in aid of construction by § 118 of the Internal Revenue Code of 1986, being U.S.C. Title 26, or any similar provision enacted hereafter, and shall exclude any consideration of the impact of any such tax.
(i) Notwithstanding anything to the contrary contained in this chapter or in Master Tariff P.U.C.O. No. 1, and except as set forth in subsection (e) hereof, there shall be no refund made relative to the extension of any distribution main constructed after January 5, 1984. The company shall continue to make the charges and refunds authorized under prior tariffs for mains which were constructed pursuant to these tariffs.
(j) Related facilities charges, when required to be paid pursuant to this chapter, shall be as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances.
(Ord. 87-O-30, passed 4-6-1987; Am. Ord. 17-O-20, passed 7-3-2017)