BY: Councilmember Barsky
ORDINANCE NO. 11-08
AN ORDINANCE AUTHORIZING THE VILLAGE OF GRANVILLE TO EXTEND SANITARY SEWER SERVICES TO THE OWENS CORNING PROPERTY, 2790 COLUMBUS ROAD, FOR THE PURPOSE OF SUPPORTING THE DEVELOPMENT OF THE GRANVILLE SCIENCE AND TECHNOLOGY COMPLEX
WHEREAS, Granville Township has filed a grant application on behalf of Owens Corning for up to $5,000,000 in funding through the Ohio Job Ready Sites program for the development of the Granville Science and Technology Complex on the Owens Corning property at or adjacent to 2790 Columbus Road; and
WHEREAS, the requested grant would provide funds for the construction and installation of infrastructure facilities, such as sanitary sewer lines, water lines, roadway improvements, telecommunications infrastructure, electrical distribution, gas service distribution, street lighting, and landscaping; and for the demolition of some existing buildings to make the site ready for reinvestment and additional office research, development and other general commercial or light manufacturing uses by Owens Corning and other research and development companies; and
WHEREAS, the Council is committed to not providing utility services outside the Village limits to stimulate or encourage development that would adversely impact the economic vitality and quality of life of the community, and the proposed improvements to the science and technology complex would be consistent with that commitment; and
WHEREAS, the expanded development of the Owens Corning property as a Science and Technology Complex, with Owens Corning as its anchor, will attract other science and research businesses; and
WHEREAS, the proposed development of the property as an office/research park is consistent with the current Granville Comprehensive Plan and is also consistent with the draft update to that plan; and
WHEREAS, one of the major goals stated in the proposed update to the comprehensive plan is to "create a business environment that will draw high-paying office, technical, and research-related employment to the Granville community"; and
WHEREAS, the Village presently has surplus utility services that it can provide to the science and technology complex; and
WHEREAS, the Village Council hereby finds and determines that it is in the best interest of the Village to extend sanitary sewer services to the Owens Corning property for the development of the Granville Science and Technology Complex because that expanded development would be an essential contributor to the economic stability and vitality of the Granville community; and
WHEREAS, it is also in the best interest of the Granville community for the Village to partner with Granville Township and Owens Corning, a strong research, development, and manufacturing company, to improve an existing asset and to provide an opportunity for reinvestment, revitalization, and job creation.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, State of Ohio, that:
Section 1. Pursuant to the terms and conditions of this Ordinance and the terms and conditions of the agreements to be executed by the Village and Owens Corning, the Village Manager is hereby authorized to provide surplus sanitary sewer services to the property as generally and approximately described on Exhibit "A" attached hereto ("Subject Property"), so long as the property to be served is intended to be, and when developed is used exclusively for an office, technical, and research-related business park and other general commercial or light manufacturing uses, but not including retail or residential uses.
Section 2. The Granville Village Council authorizes the Village Manager to enter into agreements with Owens Corning setting forth the rights, duties, and responsibilities of the parties with regard to the sewer services, subject to approval by the Village Council. At minimum, the contract for sewer services shall contain the following terms, conditions, and obligations:
a. Owens Corning, its successors and assigns, shall use the sanitary sewer services solely for the purposes of developing, supporting, or maintaining an office, technical, and research-related business park as well as other general commercial and light manufacturing uses, but not including residential or retail. The sanitary sewer services shall not be used for any other purpose without the specific approval of the Village Council as authorized by an amendment to this Ordinance.
b. The sanitary sewer services shall be provided to Owens Corning and its successors and assigns on an exclusive basis for thirty (30) years commencing upon the enactment of this Ordinance.
c. The sanitary sewer lines shall be sized and limited to accommodate the needs of the office research park and to avoid excess capacity on the Subject Property.
d. The Village shall provide this public utility service to the Subject Property on an exclusive basis, and no other property shall be permitted to connect to any such services or the related improvements used to provide such services. It is hereby determined to be in the best interest of the Village to prevent any such connections or any other use of the utility services or improvements provided therewith.
e. The Village will allow the existing sanitary sewer main, which currently terminates at Kendal at Granville, to be extended to the Subject Property, and will permit the construction, maintenance, and repair of all necessary lines, pipes, and other appurtenances necessary to collect and transport wastewater on the Subject Property to the Village's sanitary sewer system. All lines, pipes, and appurtenances shall be installed in accordance with Village design and construction standards and shall be pre-approved by the Village Engineer. All lines, pipes and other appurtenances shall be dedicated to the Village where designated by the Village Engineer and Village Manager.
f. The Village will cooperate and assist, without any financial liability or responsibility for such costs, Owens Corning in its efforts to obtain any necessary easements for the construction, installation, and maintenance of those lines, pipes, and appurtenances, including any required easements or permits from the Ohio Department of Transportation.
g. Excepting any dedicated and accepted improvements, Owens Corning, its successors and assigns, will retain ownership of all service lines, pipes, and appurtenances located on the Subject Property and will hold the Village, its officers, employees, agents and representatives harmless and defend the Village, its officers, employees, agents and representatives against any and all liability related thereto.
h. Owens Corning, its successors and assigns, will be responsible for the expense of the tap-in fees and all other expenses not specifically delineated herein, but associated with the extension of sewer services to the Owens Corning property.
i. It is the intent of the parties to this Ordinance that the selective extension of sewer services authorized herein shall be solely for the Granville Science and Technology complex. Should Owens Corning or its successors and assigns decide in the future to provide service to properties not shown on the Subject Property, Owens Corning or its successors and assigns shall then request additional selective extension of the sewer services from the Village which may be granted at the sole discretion of the Village.
Section 3. This ordinance is contingent upon the dedication to and acceptance by the Village of Granville of the sewer improvements constructed by Kendal at Granville pursuant to the Sanitary Sewer Agreement Between the Village of Granville, Ohio and Kendal at Granville, Ohio, dated September 8, 2003. If, for unanticipated reasons, the dedication or acceptance of said sewer improvements is unreasonably delayed, then a letter from Kendal at Granville authorizing the Owens Corning property to be connected to the Kendal sewer improvements would also satisfy this contingency.
Section 4. This Ordinance shall take effect upon the earliest date permitted by law.
PASSED this 6th day of August, 2008.
