(a) The approval of Council on behalf of the City of Strongsville is hereby given for the construction and installation by the North East Land Company for an eight and ten-inch sanitary sewer line and appurtenances located in Drake Road, Howe Road and Misty Lake Drive in the location and area more fully described in Exhibits marked Nos. 2, 3, 4, 5 and 7 which are attached to original Ordinance 1978-103, passed May 15, 1978, and made a part hereof as though fully rewritten herein.
(b) The expense of the installation of the eight and ten-inch sanitary sewer line and appurtenances within Drake Road, Howe Road and Misty Lake Drive shall be at the entire cost and expense of the North East Land Company and such Company shall furnish to the City a list of the contractors, subcontractors and materialmen who have worked on the project and shall further furnish to the City written evidence that all contractors, subcontractors and materialmen have been paid in full.
(c) The North East Land Company shall furnish to the City a written affidavit setting forth any claims, debts or demands which have been made against such Company arising out of the installation and construction of the sanitary sewer and appurtenances.
(d) The North East Land Company shall furnish to the City a two-year maintenance bond in a form acceptable to the Director of Engineering and the Director of Law, providing for the maintenance of the sanitary sewer lines and appurtenances within Drake Road, Howe Road and Misty Lake Drive for a period of not less than two years from and after the effective date of this section.
(Ordinance 1978-103. Passed May 15, 1978.)
(Ordinance 1978-103. Passed May 15, 1978.)
(e) The North East Land Company shall transfer to the City all right, title and interest that it may have in and to the land, other than the public right of way, through which the sanitary sewer lines and appurtenances have been constructed and shall further transfer all its right, title and interest in and to the sanitary sewer lines and appurtenances described by this section, reserving, however, to such Company, the right to collect from any benefited property owner connecting to the sanitary sewer lines and appurtenances, the tap charge as established by this section.
(f) No person shall make any tap-in or connection with the sanitary sewer lines or appurtenances heretofore installed in Drake Road, Howe Road and Misty Lake Drive, which sanitary sewer lines and appurtenances have been installed within the area described by legal descriptions on Exhibit Nos. 2, 3, 4, 5 and 7, which Exhibits have been made a part of this section by reference in subsection (a) hereof, for the purpose of serving or providing sanitary sewer service for any of the lots or parcels of land on either side of such improvement, until the person making or causing or ordering such tap or connection has first paid to the Director of Finance of the City of Strongsville a sum of money sufficient to pay the fair share of the cost of constructing and installing such sanitary sewer lines and appurtenances past the lot or land to serve which such tap or connection is made. Council hereby determines that such fair share of cost is obtained by multiplying fourteen dollars and fifty cents ($14.50) by the number of front feet on Drake Road, Howe Road and Misty Lake Drive by the lot or land for which such tap or connection is installed for a period up to one year after the effective date of this section (Ordinance 1978-103, passed May 15, 1978), and fifteen dollars and fifty cents ($15.50) per number of front feet on Drake Road, Howe Road and Misty Lake Drive, thereafter.
(g) Upon payment of any such sum to the Director of Finance of the City of Strongsville, the Director is authorized to draw a proper check or warrant upon such funds, in the amount thereof payable to the North East Land Company or its successors and assigns. Nothing in this section shall be construed in any way to obligate the City of Strongsville or any officer or employee thereof to undertake proceedings of any sort to enforce the collection of the sums mentioned in subsection (f) hereof, or to impose any liability upon such City or any official or employee thereof for failure to collect any such sum, or to preclude any suit or remedy which the North East Land Company, its successors or assigns, may have in law or in equity against any person for unauthorized use of, tapping into, or connection with, such sanitary sewer lines and appurtenances.
(Ord. 1978-103. Passed 5-15-78.)
(Ord. 1978-103. Passed 5-15-78.)