205.02 Procedure For Extension Of Water Mains Within The City
   Unless otherwise provided by ordinance, extensions of water mains within the City's corporate limits shall be performed by the applicant under a license agreement or by the City on a cash basis, an assessment basis, a pay-cash-to-tap basis or some combination of these as determined by the Department.
   A.   License Agreement
      1.   Plans for the proposed water main extension shall be submitted to the Division of Engineering Services for review and approval. Design and construction shall be in conformance with the latest version of the Division of Engineering Services "Infrastructure Design and Construction Requirements." Payment of the plan review and inspection fee shall be required prior to plan approval, in accordance with these Rules and Regulations. The applicant is responsible for obtaining approval from the OEPA and all other third-party approvals.
      2.   A License Agreement on a form provided by the Division of Engineering Services shall be executed to, without limitation, authorize construction in the public right-of-way, require applicant reimbursement of testing costs, indemnify the City, stipulate insurance requirements, require a maintenance bond, and dedicate ownership of improvements to the City.
      3.   Applicant shall contract for construction of the water main extension. The Division of Engineering Services will inspect all construction.
      4.   The Division of Water Distribution will make all connections to existing water mains.
      5.   As-built record drawings shall be completed by the applicant and submitted to the Division of Engineering Services on mylar and in digital format.
   B.   Cash Basis
      1.   Upon receipt of a petition signed by Owners of property requesting installation of a water main, if the Division of Engineering Services agrees to proceed on a cash basis, the Division will calculate the amount of an advance deposit to be paid by the petitioners based upon the lineal footage of water main to be constructed, plus a charge to cover the City's cost of preparing the plans and estimates. The unexpended balance of the deposit will be credited to the petitioners' accounts or returned upon the request of the petitioners.
      2.   After the plans and estimates have been prepared by the Division of Engineering Services and approved by the OEPA, the Division shall submit legislation to City Council appropriating money and authorizing construction of the water main.
      3.   After enactment of the legislation, the petitioners shall deposit their portion of the costs of the water main as estimated by the Division of Engineering Services. The Division may then proceed to solicit bids for the construction of the water main or initiate construction itself.
      4.   Upon the completion of all construction work, sterilization and testing, the Division of Engineering Services shall compile the final project costs and calculate the actual charge owed by the petitioners. If the final charge to the petitioners is less than the deposit, the unused portion will be returned. If the final charge to the petitioners is greater than the deposit, the additional amount shall be paid to the Division before any applications for service will be accepted.
   C.   Assessment Basis
      1.   Upon receipt of a petition signed by the Owners of property fronting on and benefiting from a proposed water main, the Division of Engineering Services shall submit legislation to City Council authorizing the preparation of plans and estimates.
      2.   After the plans and estimates have been prepared by the Division of Engineering Services and approved by the OEPA, the Division shall submit a resolution of necessity to City Council containing the information specified in Section 195 of the Charter. A copy of the plans and estimates prepared for the proposed project shall be kept on file with the Department for inspection during working hours by all interested parties.
      3.   The Director of Finance or his designee shall prepare an assessment report to be filed with City Council and shall serve a notice upon the Owner of each parcel of land to be assessed containing a statement of the character of the improvement, the rate of assessment, the number of installments and the time and place when complaints and claims may be presented to the Board of Revision of Assessments.
      4.   After City Council enacts an ordinance levying the assessments reported by the Board of Revision of Assessments and determines to proceed with the improvement, the Division of Engineering Services shall solicit bids for the construction of the water main or initiate construction by the Division of Water Distribution. In the event the lowest and best bid exceeds the estimated cost of the improvement by fifteen percent (15%) or more, the contract shall not be entered into until a public hearing is held pursuant to ORC § 727.24, and City Council subsequently determines that the improvement shall be made.
      5.   Upon the completion of all construction work, sterilization and testing, the Division of Engineering Services shall compile the final project costs and increase or decrease the assessments proportionately in accordance with the approved method of assessment. The revised assessments shall be submitted to City Council for approval and, when adopted, shall be published as required by ORC § 727.26. Unless revised pursuant to ORC § 727.251, the approved assessments shall be certified to the county auditor for placement on the tax duplicate as provided by law.
      6.   Whenever all of the property Owners to be assessed for a water main present a petition requesting the construction of the improvement and agreeing to be assessed for the cost, City Council may authorize the Division of Engineering Services to proceed with the construction of the water main without the notice or publication required in this section provided a public hearing is held after receipt of bids for the work as specified in section 193 of the Charter.
   D.   Pay-Cash-to-Tap Basis
      1.   Upon receipt of a petition signed by Owners of property requesting installation of a water main, if the Division of Engineering Services agrees to proceed on a pay-cash-to-tap basis, the Division will submit legislation to City Council authorizing the preparation of plans and estimates.
      2.   After the plans and estimates have been prepared by the Division of Engineering Services and approved by the OEPA, the Division shall submit a resolution of necessity to City Council containing the information specified in Section 195 of the Charter. A copy of the plans and estimates prepared for the proposed project shall be kept on file with the Department for inspection during working hours by all interested parties.
      3.   The Director shall prepare a pay-cash-to-tap report to be filed with City Council and shall serve a notice upon the Owner of each parcel of land to be specially benefited by the improvement containing a statement of the character of the improvement, the cost to each benefited property, the interest rate applicable from the installation date of the water main, the maximum number of years that interest will be charged and the time and place when complaints and claims may be presented to the Board of Revision of Assessments.
      4.   After City Council enacts an ordinance approving the pay-cash-to-tap charges reported by the Board of Revision of Assessments and determines to proceed with the improvement, the Division of Engineering Services may solicit bids for the construction of the water main or initiate construction by the Division of Water Distribution. In the event the lowest and best bid exceeds the estimated cost of the improvement by fifteen percent (15%) or more, the contract shall not be entered into until a public hearing is held pursuant to ORC § 727.24 and City Council subsequently determines that the improvement shall be made.
      5.   Upon the completion of all construction work, sterilization and testing, the Division of Engineering Services shall compile the final project costs and increase or decrease the pay-cash-to-tap charges proportionately in accordance with the approved method of assessment. The revised pay-cash-to-tap charges shall be submitted to City Council for approval and, when adopted, shall be published as required by ORC § 727.26.
      6.   Whenever all of the property Owners to be benefited by the construction of a water main present a petition requesting the construction of the improvement and agreeing to the establishment of a pay-cash-to-tap charge, City Council may authorize the Division of Engineering Services to proceed with the construction of the water main without the notice or publication required in this section provided a public hearing is held after receipt of bids for the work as specified in Section 193 of the Charter.
      7.   No application for connection to the water main constructed under this section shall be accepted until the property Owner has paid the full amount of the pay-cash-to-tap charge approved by City Council plus all applicable interest charges.