(A) Findings. Council hereby makes the following determinations.
(1) The Village Administrator has recommended the passage of this section.
(2) This section is necessary to ensure the availability and priority of furnishing limited resources and utility services to village resident consumers.
(3) This section is necessary to encourage village territorial growth.
(B) Sewer and water service extensions; annexation required.
(1) Sewer services shall no longer be extended to consumers situated outside the village corporate limits. Annexation is a prerequisite for sewer service availability.
(2) Water services shall no longer be extended to consumers situated outside the village corporate limits and whose real estate abuts the village corporate limits. Annexation is a prerequisite for water service availability under this section.
(3) Water service shall no longer be extended or made available to non-abutting consumers (including consumers wishing to tap-in to an existing line) situated outside the village corporate limits, except as follows:
(a) Consumers must pay for all costs of surveying, designing, engineering and constructing the extended water line, as well as all tap-in fees. Any legal fees, court costs, recording fees or other miscellaneous expenses are similarly to be paid by consumers;
(b) Consumers must give all appropriate easement rights to the village for purposes of the utility line;
(c) The Village Administrator must determine that the proposed water line will not unduly burden the village water system and will not endanger the availability and priority of furnishing limited resources of water to village resident consumers. The Village Administrator may rule any development proposal beyond existing structures, such as a plat of proposed homes or an industrial park, automatically as an undue burden.
(d) 1. Consumers must sign and have recorded, at their expense, with the Preble County Recorder, a legal document approved by the Village Solicitor that pledges and binds the current owners, their heirs, administrators, executors, successors and assigns, to full cooperation in any proceedings to annex their real estate in the future, including all of the following:
a. Initiating or signing an annexation petition as requested by the village when their real estate abuts the village corporate limits or when their real estate abuts the real estate of other annexation petitioners;
b. Signing annexation petitions and providing supporting affidavits;
c. Furnishing representatives to testify in favor of annexation at hearings;
d. Providing information concerning the benefits of annexation;
e. Remaining as a party in annexation proceedings through all stages of the proceedings, including the appellate process;
f. Not encouraging opposition to annexation; and
g. Such other assistance in furtherance of annexation as the village may reasonably request.
2. The recordable document shall treat the annexation pledge as both a contract and a covenant running with the land.
(C) Rates. To help ensure the availability and priority of furnishing water and sewer services to consumers situated within the village corporate limits and to encourage village territorial growth, and because lengthy utility lines outside the village limits have high maintenance costs, beginning on January 1, 1996, the 110% rate charge to water and sewer consumers situated outside the village corporate limits shall progressively be increased to the following percentages of basic rates as follows:
Effective Date | Percentage of Basic Rate |
Effective Date | Percentage of Basic Rate |
January 1, 1996 | 120 |
January 1, 1997 | 130 |
January 1, 1998 | 140 |
January 1, 1999 | 150 |
January 1, 2000 | 160 |
January 1, 2001 | 170 |
January 1, 2002 | 180 |
January 1, 2003 | 190 |
January 1, 2004 | 200 |
(Prior Code, § 1054.01) (Ord. 608, passed 4-3-1995)