Introduced By: Pearl Campbell

Seconded By: Jim Rogers

AN ORDINANCE AMENDING PRIOR ORDINANCES NOS. 1972-2, 1983-08, 1984-46, 1989-17 AND 1997-04, 2003-36, 2004-18 AND CHAPTER 921 OF THE MANTUA CODE OF ORDINANCES CONCERNING WATER SERVICES PROVIDED BY THE VILLAGE OF MANTUA, AND DECLARING AN EMERGENCY

WHEREAS, Ordinance Nos. 1972-2, 1983-08, 1984-46, 1989-17, and 1997-04, 2003-36, 2004-18 and Chapter 921 of the Mantua Code of Ordinances establish the regulations concerning the provision of water services provided by the Village; and

WHEREAS, Village Council has determined that portions of these regulations, particularly concerning the prices charged, are in need of revision; and

WHEREAS, Village Council desires to modify these provisions effective July 19, 2005;

NOW, THEREFORE, BE IT ORDAINED by the Council for the Village of Mantua, County of Portage, State of Ohio, that:

Section 1. Ordinance Nos. 1972-2, 1983-03, 1984-46, 1989-17, and 1997-04, 2003-36, 2004-18 along with Chapter 921 of the Mantua Code of Ordinances, previously adopted by this Council, shall be amended and modified as follows:

921.01 BACKFLOW PREVENTION DEVICE.

1. If in the judgment of the Village Administrator the integrity of the public water system is or can be endangered by backflow from an actual or a potential cross connection within the plumbing system of a water consumer then, the Village Administrator may order the installation of an approved backflow prevention method or device consisting of either an air gap, double sanitary check valve assembly, vacuum breaker, reduced pressure principle backflow preventor or any combination thereof at the water service connection to the premises.

2. The consumer shall install the designated device or method at his own expense and failure, refusal or inability to install such device or method immediately shall constitute a ground for discontinuing water service to the premises until such device or method has been installed and approved by the inspector. All backflow devices shall conform to Ohio Environmental Protection Agency specifications.

3. The use of the approved backflow preventor at the water service connection does not in any way affect or eliminate the need for individual fixture devices or air gaps as required by Section 4101:2-51-33 of the Ohio Administrative Code.

921.02 WATER USAGE RATES.

1. Rates for water usage within the Village effective January 1, 2004, are as follows:

   (1)	Residential: 0 to 700 CF 701 CF to 8,000 CF Over 8,001 CF	$ 41.36 $ 3.30 $ 1.79
   (2)	Commercial: 0 to 700CF 701 CF to 8,000 CF Over 8,001 CF	$ 41.36 $ 4.35 $ 1.79

2. Said rates shall become effective July 19, 2005.

921.03 TAP-IN FEES.

1. Except as hereinafter provided, no person, corporation, political subdivision, partnership or association whatsoever shall connect, reconnect or alter the size of a connection, connected either directly or indirectly, to the Water System for any building, apartment, living unit or other structure without first securing a permit for such purpose in a form prescribed by the Village Administrator, and without first depositing in cash or by certified check payable to the Village, subject to the provisions of this section. (Establishing and Amending Charges and Fees of the Water Utilities) as it may be amended from time to time, an amount that shall consist of the following:
   1. A connection charge determined in accordance with the provisions of subsections (b) and (c);

   2. The permit fee;

   3. The water main tap charges if applicable;

   4. The service connection if applicable;

   5. The water meter charges;

   6. If applicable, fire line costs and fire demand unit charge determined in accordance with the provisions of subsection (f). The aforesaid permit and connection charges shall not be applicable to property owned by the Village of Mantua.

2. The Connection Charge shall consist of a Demand Unit Charge Fee plus Local Water Service Charge calculated as follows:
   1. Demand Unit Charges
      1. The term “Demand Unit” (including water plant debt) represents a building, apartment, unit or other structure which is connected, directly or indirectly, to the Water system by means of a ¾ inch service line or water meter. For connections using service lines or water meters larger than ¾ inch, the Demand Unit Charge shall be based on the Equivalent Demand Unit Factor for the size of the service line or meter installed.

         The Demand Unit Charge shall be as follows:

         Service Line or Meter Size Inches	Equivalent Demand Unit Factor	Demand Unit Demand Unit Charge
         ¾ inch	1.0	$ 825.00
         1 inch	1.4	$ 1,155.00
         1 ½ inch	2.8	$ 2,310.00
         2 inch	4.2	$ 3,465.00
         3 inch	8.4	$ 6,930.00
         4 inch	14.0	$11,550.00
         6 inch	22.0	$18,480.00

      2. In the event the service line size or water size exceeds or differs from the service line or meter sizes specified above, the Village Administrator shall, determine the Equivalent Demand Unit Factor applicable to such modified Service Connection on the basis of accepted engineering practices and equivalency determinations set forth herein.

   2. Local Water Service Charge
      1. The Local Water Service Charge for local service water line benefit shall be twenty dollars ($20.00) per front foot.

      2. The Connection Charges in subsection (b) hereof shall be used for all properties along the Water System unless adjusted as provided by subsection C.

3. The Connection Charges set forth in subsection (b) hereof shall be subject to adjustment by this Council following recommendations by the Village Administrator based on changes in costs of construction or acquiring extensions and improvements to the Water System.

4. The charges for Demand Unit benefits, Local Water Service Benefits or Service Connection benefits as provided in this section shall not be imposed if the applicant can show that he/she or his/her predecessor in title paid, is paying, or will pay by reason of pending proceedings, a special assessment for the cost of said benefits or can show that he/she or his/her predecessor in title, at his own expense, constructed the Water System Facilities that provided such water service benefits and said facilities were constructed pursuant to an agreement with the Village of Mantua Council which conferred specific Water Service benefits to property owned by the applicant and the constructed Water System Facilities were accepted by Mantua Village Council.

5. Council and the Village Administrator shall not be obligated to the extension of any local service water lines by reasons of the provisions of this section or prior ordinances and any parts thereof in effect.

6. 1. In case of connection, directly or indirectly, to the Water System for the sole purpose of providing a supply of water for fire protection, there shall be paid to the Village an amount which is the cost of materials provided by the Village to effectuate such connection, the cost of related inspection and the direct and indirect costs of labor provided by the Village with respect to such connection and a fire demand unit charge, all as to be reasonably determined from time to time by the Village Administrator and approved by Council and a fire demand unit factor for the size of the fire line installed.

   2. The Fire Demand Unit Charge shall be as follows:

      Fire Line Size Inches	Fire Demand Unit Inches
      2”	$2,310.00
      3”	$4,620.00
      4”	$7,700.00
      6”	$12,320.00

7. The charges provided for in subsections (b) and (c) hereof and the fire demand unit charge provided for in subsection(f) hereof shall be paid to the Village of Mantua and shall be kept in a separate and distinct fund known as Water Capital Improvement Fund.

8. If the Village Administrator shall determine that any property has been connected either directly or indirectly to the Water System in violation of the provisions of this section, the Village Administrator is hereby authorized and directed to disconnect such property from said Water System until such violation shall cease.

9. Each subdivision of this section is hereby declared to be independent and the finding or holding of any section thereof to be invalid or void shall not be deemed nor held to affect the validity of any other provision of this section.

921.04 NON-VILLAGE CHARGE.

Any residential or commercial or institutional user not located within the Village of Mantua shall be charged one hundred ten percent (110%) of the charges outlined in Section 921.02 & 921.03. Any user who has paid amounts in excess of this percentage since September 1, 2004 shall be granted a credit to that extent against future payments.

Effective January 1, 2006 the charge shall be increased to one hundred and fifteen percent (115%) of the charges outlined in sections 921.02 & 921.03.

921.05 ADDITIONAL DELINQUENCY CHARGES.

If any bill is not paid within thirty days from the date the same is billed, it shall be delinquent from and after such date, and a penalty of ten percent (10%) shall be added thereto when permitted by law. The amount which represents such unpaid and delinquent bills plus such penalty shall be certified by the Village Clerk-Treasurer to the County Auditor who shall place such amount upon the real property tax list and duplicate of the property in which sewer service represented by such unpaid bill was provided, and such charge shall be a lien on such property from and after the date of delinquency and shall be collected in the same manner as Municipal taxes.

921.06 PERFORMANCE BONDS FOR UTILITY TIE-INS.

1. Whoever desires to excavate and construct a tie-in to the Municipal water and sewer system shall be required to do the following:
   1. Post a performance bond in the amount of one thousand dollars ($1,000) with the Clerk-Treasurer for purposes of reimbursement to the Village of any damage to adjoining sidewalk, right-of-way landscape, and street areas.

   2. Where traffic control is necessary to complete excavation, the Village Police Department shall be notified by the owner of or contractor for the owner at least seven days in advance.

   3. Notify the Village Water Superintendent at least seven days prior to the excavation to obtain approval as to the method of tie-in and location of tie-in.

   4. Notify the Village Service Department at least seven days prior to the excavation to obtain approval as to the method of tie-in and location of tie-in.

2. Whoever violates the provision of this section shall be subject to the following sanctions:
   1. Forfeiture of the performance bond;

   2. Civil liability for the recovery of damages including but not limited to costs for additional safety, street, service personnel and equipment to Village property in excess of performance bond;

   3. The fine of one hundred dollars ($100.00).

921.07 DRILLING WATER WELLS PROHIBITED.

1. The drilling of private water wells by individuals and/or business entities other than the Village government creates a substantial health and safety risk because of the danger of cross-connections and/or contamination to the Municipal water supply and system.

2. It is, therefore, in the best interest of the Village to prohibit the drilling of water wells by individuals, partnerships, corporations, agencies, organizations and other entities other than the Municipal government through its duly authorized officers, employees, or agents.

3. Any individual, partnership, corporation, agency or other entity other than the Municipal government through its duly authorized officers, employees or agents shall be, and hereby is, prohibited from drilling well water within the municipal corporation limit of the Village.

4. Whoever violates the provisions of this section shall be subject to a fine of five hundred dollars ($500.00) and may be enjoined against the drilling or installing of a water well in a court of competent jurisdiction.

921.08 SEPARATE METERS REQUIRED.

A separate water meter shall be installed for each property serviced or to be serviced by the Village water system as follows:

1. One meter for each dwelling or structure designed or used for occupancy by a single family.

2. One meter for each unit designed or used for occupancy by a single family in two family, three-family or multi-family structures.

3. At least one meter for each business or commercial enterprise or as approved by the Village Administrator.

4. At least one meter for each industrial operation, or as approved by the Village Administrator.

5. No person shall alter or change any water service or meter without permission from the Village Administrator.

Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 3.This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety of this municipality and for the further reason that Council wishes to establish this fund at the earliest possible opportunity. Wherefore, provided it receives the affirmative vote of five or more of the members elected or appointed to this Council, this Ordinance shall take effect and be in force immediately upon its passage by Council and approval of the Mayor; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.

Adopted: November 22, 2005	Approved: November 22, 2005
Effective: December 22, 2005	By: Mayor Claude Hopkins

Attest: Betsy M. Woolf, Clerk of Council

I, Betsy Woolf, Clerk of the Village of Mantua, Ohio, hereby certify that this Ordinance was duly published by public posting at predesignated posting places.

Betsy M. Woolf, Mantua Village Clerk-Treasurer

1st Reading: 4-19-05

2nd Reading: 5-17-05 tabled

3rd Reading: 11-22-05

Approved as to be Legal Form by:

David M. Benjamin, Village Solicitor