(A) Reimbursement of original cost.
(1) Pursuant to R.C. § 743.13, the village may, by resolution, permit the construction of water mains or sanitary sewers by an individual, organization, or agency of private enterprise (the “applicant”). Such resolution shall authorize the collection of pro-rated shares of the original cost of such improvement (the “non-participant charge”) as provided by the applicant and approved by the Village Engineer.
(2) Such resolution shall be filed by the applicant with the village, which filing shall constitute constructive notice thereof to non-participants in the original cost of the improvement (the “non- participant”).
(3) The non-participant charge shall be based upon a unit charge and/or front footage charge and shall not be in excess of the amount chargeable to such non-participant had he or she participated in the original cost of the aforesaid improvement. When construction has been completed, all costs must be submitted by the applicant to the Village Engineer for verification and recommendation to the Village Council for acceptance and approval, including the determination of the non-participant charge.
(4) After the non-participant charge is determined, a description of the properties abutting the improvement, the unit charge, and/or front footage charge to be paid by each non-participant must be approved by resolution of the Village Council and certified to the Finance Director for collection.
(5) Prior to any connection to the improvement by a non-participant, the Finance Director shall collect the non-participant charge for reimbursement to the applicant.
(6) The term of a reimbursement shall not exceed ten years.
(7) No subsequent assignee or grantee of the applicant shall be considered a non-participant.
(B) Guarantees of all private construction, including reimbursement extensions. All water supply and sewerage systems constructed by applicants shall be guaranteed against any and all defects of workmanship and materials for a period of one year from the date of acceptance by the Village Council. The cost of all labor, materials, tools, equipment, and any incidentals required to maintain, repair, and replace any part of the improvement, including streets or road repairs, trench maintenance, and restoration of lawns, driveways, walks, shrubs, and the like, during the one-year guarantee period shall be assumed by the applicant. As a guarantee for payment of such cost, the applicant shall remit to the village a maintenance bond in the amount of 10% of the construction cost and in a form satisfactory to the Village Council. At the end of the one-year period and at the written request of the applicant, the village will make a final inspection of the water supply or sewerage systems and, if such improvements meet all applicable standards and requirements of the village, the maintenance bond will be released and the improvements accepted for maintenance and operation by the village.
(Ord. 97-104, passed 2-3-1997) Penalty, see § 50.999