2002-092 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2002 - 92 BY: Mayor Musial. AN ORDINANCE AUTHORIZING AN EXPENDITURE OF SEWER REVENUE FUNDS IN AN AMOUNT NOT TO EXCEED SEVENTY- FIVE THOUSAND DOLLARS TO COMPENSATE HENNIE HOMES, INC., FOR CONSTRUCTING AN OVERSIZED SANITARY SEWER FOR THE WILLOW WOODS SUBDIYSION SO TO ENABLE THE CITY TO PROVIDE SANITARY SEWER SERVICE TO THE JEDD AREA WITHIN THE OLMSTED TOWNSHIP SERVICE AREA, AND DECLARING AN EMERGENCY WHEREAS, the City owns and operates a sanitary sewer system (the "System") which includes a collection system, lift stations, a wastewater treatment plant and appurtenances, which system presently has the capacity to collect and treat certain wastewater originating outside the City's corporate boundaries; and WHEREAS, Hennie Homes, Inc., is presently constructing subdivision improvements for the Willow Woods Subdivision, including an 8" sanitary sewer, to be located in the right-of-way on the south side of Cook Road near Bronson Road, adjacent to a portion of the Olmsted Township Service Area ; and WHEREAS, the City has directed Hennie Homes, Inc., to cvnstruct an oversized sanitary sewer, to-wit: a 12" diameter sewer, in the Cook Road right-of-way so that the City may, as a result, be able to provide sanitary sewer services to the JEDD area within the Olmsted Township Service Area; and WHEREAS, Hennie Homes has objected to this requirement by the City, and contends that, if it is required to building oversized sewer lines as directed, it will have a non-contractual claim against the City for compensation equaling its increased costs of material and labor for installing a 12", rather than 8", sanitary sewer; and WHEREAS, there exists no provision in the current Sewer Code which expressly authorizes the City to require developers to install such oversized sanitary sewer lines for the benefit of future development on another owner's property, and, accordingly, while disputing the validity of the claim, the Administration recommends that it be settled; and WHEREAS, it is the desire of this Council, based on said recommendation, to authorize the expenditure of funds from the Sewer Revenue Fund equal to Hennie