Introduced By: Linda Schilling

Seconded By: Jim Rogers

AN ORDINANCE AMENDING PRIOR ORDINANCES NOS. 1996-23, 1997-5, AND 1982-23, 2003-37, 2004-19 AND CHAPTER 931 OF THE MANTUA CODE OF ORDINANCES, CHAPTER 931 CONCERNING SEWER SERVICES PROVIDED BY THE VILLAGE OF MANTUA, AND DECLARING AN EMERGENCY

WHEREAS, Ordinance Nos. 1996-23, 1997-5, and 1982-23, 2003-37, 2004-19 and Chapter 931 of the Mantua Code of Ordinances establish the regulations concerning the provision of sewer 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. 1996-23, 1997-5, and 1982-23, 2003-37, 2004-19 along with Chapter 931 of the Mantua Code of Ordinances, previously adopted by this Council, shall be amended and modified as follows:

931.01 Rates
931.02 Tap-in permit; fees.
931.03 Non-Village Residential Charge
931.04Additional Delinquency Charges
931.05 Prohibited Discharges.

931.01 RATES.

1. Council does hereby amend the rates for sewer usage within the Village effective July 19, 2005, as follows:
   1. Residential
      

      0 to 700 CF	$13.36/100 CF
      701 to 5,000 CF	$ 9.30/100 CF
      over 5,001 CF	$ 6.99/100 CF

   2. Commercial
      

      0 to 700 CF	$13.36/100 CF
      701 to 5,000 CF	$ 9.30/100 CF
      Over 5,001 CF	$ 6.99/100 CF

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

931.02 TAP-IN PERMIT; FEES.

1. No person, corporation, partnership or association whatsoever shall connect any building, or other structure either directly or indirectly with a sewer in the District for the purpose of discharging sanitary sewage or industrial waste there from without first securing a permit for such purpose in a form prescribed by the Village Administrator. The provisions of this section shall not be applicable in the event of a connection to a sewer in the District by another political subdivision of the State of Ohio which connections shall be subject to the terms of an agreement with such political subdivision pursuant to the Ohio Revised Code.

2. The applicant for the permit required by subsection (a) hereof shall deposit cash or a certified check payable to the Village in the amount of the connection charge determined in accordance with the provisions of subsection (d) through (h)..

3. As used in this section, the term “local sewer service benefit” shall represent the local service benefit to be utilized by the property owner. Local service benefit shall be as determined by the Village Administrator’s calculation of the “adjusted” front footage benefiting from the local service sewers. “Local sewer service benefit” connection charges shall be applicable in all cases except for any local service benefit for which an assessment has been levied by this Council, and except for benefit from any local service sewers which were constructed at the owner’s expense pursuant to an agreement recognizing such investment with this Council.

4. As used in this section, the term “lateral sewer connection unit” shall represent the benefit received from a lateral sewer connection provided or to be provided for direct access for connection to a building or other structure. Lateral sewer connection unit charges shall be applicable to each building or other structure except where:
   1. The property has been assessed for the benefit obtained from the lateral sewer connection pursuant to the Ohio Revised Code.

   2. The building or other structure is served by lateral sewers which were installed and the costs were assessed as part of the local sewer service (front footage) assessment levied by this Council pursuant to the Ohio Revised Code, and, therefore, no lateral sewer Assessments were levied upon properties benefiting from the improvement, or

   3. Where the lateral sewer service was constructed at the owner’s expense pursuant to an agreement recognizing such investment with this Council.

5. As used in this section, the term “trunk unit” represents the volume discharge benefit attributable to a single family residential unit which is hereby determined to represent a design flow of 400 gallons per day to the sewerage trunk system. Trunk unit connection charges for any building or structure other than a single family residential unit shall be according to the Village Administrator’s calculation of the equivalent table outlined in subsection (g) hereof. Trunk unit connection charges shall be applicable in all cases except:
   1. For trunk sewer capacity to which the property owner is entitled by virtue of an assessment levied by this Council upon the subject property; or

   2. For trunk sewer capacity which was constructed at the property owner’s expense pursuant to an agreement recognizing such investment with this Council.

6. As used in this section, the term “plant unit” represents the volume and/or loading benefit attributable to a single family residential unit which is hereby determined to represent a design flow of 400 gallons per day to the treatment plant. Plant unit connection charges for any building or structure other than a single family residential unit shall be according to the use of accepted sanitary engineering practices and the equivalency table outlined in subsection (g) hereof.
   1. For plant capacity to which the property owner is entitled by virtue of an assessment levies this Council upon the subject property; or

   2. For plant capacity which was constructed at the property owner’s expense pursuant to an agreement recognizing such investment with this Council.

7. The following equivalency table for calculation of system capacity requirements for buildings other than a single-family residential unit is hereby adopted. The term “unit” represents the volume discharge benefit attributable to a single family residential unit which is hereby determined to represent a design flow of 400 gallons per day to the system.
   
   EQUIVALENT BUILDING USAGE
   VILLAGE OF MANTUA
   BASED ON THE RECOMMENDATIONS OF THE
   OHIO ENVIRONMENTAL PROTECTION AGENCY

   Building Usage	Note	Units*	Per
   Apartments:
   1 Bedroom		0.6250	Apartment
   2 Bedroom		0.7500	Apartment
   3 Bedroom		0.8750	Apartment
   4 Bedroom		1.0000	Apartment
   Assembly Halls		0.0050	Seat
   Barber Shop – Beauty parlor		1.0000	Barber Chair
   Bowling Alleys (No food service)		0.1875	Bowling Lane
   Churches (small)		0.0075	Sanctuary Seat
   (Large, with kitchen)	A	0.0175	Sanctuary Seat
   Condominiums		1.0000	Each
   Country Clubs		0.1250	Member
   Dance Halls		0.0050	Person
   Drive-in Theaters		0.0125	Car Space
   Factories:
   No showers		0.0625	Employee
   With showers		0.0875	Employee
   Food Service Operations:
   Ordinary Restaurant (not 24 hours)	B	0.0875	Seat
   24 Hour Restaurant	B	0.1250	Seat
   Banquet Rooms	B	0.0625	Seat
   Restaurant along freeway	B	0.2500	Seat
   Tavern – very little food service	B	0.0785	Seat
   Curb service (drive-in)	B	0.1250	Car Space
   Vending Machine Restaurant	C	0.2500	Seat
   Hospitals – no resident personnel	A	0.7500	Bed
   Institutions – resident	A	0.2500	Person
   Laundries – coin-operated		1.0000	Std. size machine
   Laundry wastes require special consideration – Consult District Sanitary Engineer
   Motels		0.2500	Room
   Nursing and Rest Homes	A & C	0.3750	Patient
   		0.2500	Resident Employee
   		0.1250	Non-resident emp.
   Office Building		0.0500	Employee
   Retail Store		0.0500	Employee
   Schools:
   Elementary		0.0375	Pupil
   Junior and Senior High	A	0.0500	Pupil
   Service Stations	D
   1 Bay – Grease Interceptor Required		2.5000	Service Station
   2 Bay – Grease Interceptor Required		3.7500	Service Station
   Domestic Waste Only		2.0000	Service Station
   Shopping Center (No food service or laundries)		0.0005	SF of floor space
   Swimming Pools
   Average		0.0125	Swimmer (design load)
   With hot water showe		0.0175	Swimmer (design load)
   Trailer Parks:
   Single Wide Trailer		0.5000	Single Wide Trailer
   Double Wide Trailer		1.0000	Double Wide Trailer
   Travel Trailer Dump Station		(Holding tank to be pumped out and hauled away)
   Travel Trailer Parks and Camp		0.3125	Trailer or tent space
   Vacation Cottages		0.1250	Person
   Youth and Recreation Camps		0.1250	Person

   NOTES:

   1. Food service waste included but without garbage grinders.
   2. Aeration tanks for these require 48 hours detention period.
   3. If garbage grinder is used, capacity of plant shall be doubled. This applies only to that portion of Plant Capacity which is designed or food service operation.
   4. Truck stop parking areas will require consideration for treatment of runoff.

   *One unit equals the capacity requirements of a single-family residence.

8. For premises tributary to the sewage treatment facilities for the District, the connection charge shall be the sum of the local sewer benefit unit, lateral sewer benefit, trunk unit benefits, as outlined in subsections (d) through (h) hereof, in accordance with the following rates:

   Rates per Local Service Benefit	Rates per Lateral Sewer Connection Unit	Rates Per Trunk Unit	Rates Per Plant Unit
   $25.00	$675.00	$1,115.00	$2,662.00

9. This Council and the Village Administrator shall not be obligated to the extension of any local service sewers, or lateral sewers at the rates established herein; nor shall this Council or Village Administrator be obligated to provide trunk sewer and/or sewage treatment plant capacity which is not available for utilization at the rates established herein.

10. The connection charge provided in subsection (e) shall be paid to the Village Clerk and shall be kept in a separate and distinct fund to be known as Village of Mantua Sewer Capital Improvement Fund, including the payments, if any, required to be made to the Ohio Development Water Authority. (Ord. 2003-37. Passed 8-19-03).

931.03 NON-VILLAGE CHARGE.

Any residential, commercial or institutional user not located within the Village of Mantua shall be charged one hundred ten percent (110%) of the charges outlined in Sections 931.01 & 931.02. 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.

931.04 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.

931.05 PROHIBITED DISCHARGES.

1. No person shall allow to be discharged or drained or to discharge or drain into the Village sanitary sewer system roof water, foundation water or other surface water.

2. Whoever violates this section is guilty of a minor misdemeanor.

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