AN ORDINANCE AUTHORIZING THE VILLAGE OF GRANVILLE TO EXTEND SEWER SERVICES TO THE GRANVILLE EXEMPTED VILLAGE SCHOOL DISTRICT'S NEW SCHOOL AND AUTHORIZING THE VILLAGE TO SELL ITS SURPLUS UTILITIES, AND DECLARING AN EMERGENCY.
WHEREAS, the Granville Exempted Village School District Board of Education ("the District") has determined that as a result of increased enrollment, the construction of a new intermediate grade 4,5 & 6 school is an absolute necessity (“the new school”); and
WHEREAS, the District has decided to construct the new school on 179 acres located between Burg Street and Loudon Street in the Northern portion of Granville Township, on property known as the Van Winkle property (“Van Winkle property”); and
WHEREAS, the Van Winkle property is located outside of the corporate boundaries of the Village of Granville (“the Village”); and
WHEREAS, the Van Winkle property must be serviced with sewer, and the Ohio EPA has indicated a preference for centralized sewage treatment in this instance; and
WHEREAS, the Village of Granville ("the Village") has a sewer system; and
WHEREAS, the Village sewer facilities have surplus capacity at the present time; and
WHEREAS, the Village has a long established policy to deny new sewer utility service connections to properties or structures located outside the corporate boundaries of the Village to control and shape growth with an emphasis on preserving farmland, open space, natural land features and rural atmosphere that is unique to the Village, and it hereby restates that policy (“policy”); and
WHEREAS, the District previously requested the selective extension of water and sewer services to the Van Winkle site; and
WHEREAS, on January 17, 2001, the Granville Village Council (“Village Council”) denied the District’s request for the selective extension of water and sewer services to the Van Winkle site based upon the Village’s longstanding policy; and
WHEREAS, the Granville Township Board of Zoning Appeal (“BZA”) expressly made its approval of a conditional use permit for the school contingent upon an Ohio Environmental Protection Agency (“OEPA”) approved wastewater system; and
WHEREAS, the District began construction of the new school despite the Village Council’s denial and before securing a permit to install an on-site sewer system from the OEPA; and
WHEREAS, on September 12, 2001, the OEPA indicated an unwillingness to approve the on-site sewer system because of environmental pollution risks; and
WHEREAS, OEPA’s position is that “when sanitary sewers are available they should be the preferred alternative and should be approved in lieu of alternatives such as package plants” (See OEPA letter of October 22, 2001, attached hereto as Exhibit 1); and
WHEREAS, even though the OEPA cannot, by law, force the Village to extend water and sewer services, the Village nevertheless is sensitive to the OEPA’s concerns and would like to assist the OEPA in meeting its goals; and
WHEREAS, the Village and the District are concerned about the substantial public funds which have already been expended on the Van Winkle property and new school (land purchase, initial construction, and soil stabilization); and
WHEREAS, at the request of the OEPA, the District has again requested that the Village provide sewer utility services to the Van Winkle property and the new school; and in response to such request the Village Council has adopted Ordinance No. 37-01 and Ordinance 40-01, which Ordinances generally provide for the extension of the Village’s sanitary sewer utility service to the Van Winkle property and the new school, subject to conditions; and WHEREAS, the Village hereby finds and determines that it is in the best interest of the Village to provide the surplus sewer services to the District on an exclusive basis; and
WHEREAS, the District shall pay for the sewage services according to the contract between the Village and the District; and
WHEREAS, as further consideration for the foregoing, the District agrees to place deed restrictions on the Van Winkle property containing the new school site so that the Van Winkle property will only be used for school purposes in the future.
NOW THEREFORE, BE IT ORDAINED, by the Council of Granville, Ohio, a majority of the elected members concurring that:
Section 1. The Village has previously stated its policy of not providing surplus utility services to any property outside of the boundaries of the Village, and it hereby restates that policy. However, the Village finds it to be in the best interest of the residents of the Village due to the emergency that has developed to assist the District in performing its constitutional and statutory duties of education to the residents of the Village and to the residents of adjacent townships by providing essential sewer services to the District;
Section 2. The Granville Village Council authorizes the Village Manager to enter into a contract with the District setting forth the rights, duties and responsibilities of the parties, including the rates and billing terms, with regard to the sewer services, subject to approval by Council;
Section 3. Pursuant to the terms and conditions of this Ordinance and the terms and conditions of the contract to be entered into between the Village and District, the Village is hereby authorized to and shall provide surplus sewer to the new school, so long as such property is intended to be, and when developed is used, exclusively for public school purposes by the District. The sewer utility services shall not be used for any other purpose, such as for residential or commercial purposes. The sewer services shall be provided to the District on an exclusive basis for 50 years commencing upon the enactment of this Ordinance. In addition, the contract for sewer services shall contain the following terms, conditions, and obligations: (i) The sewer lines shall be sized and limited to accommodate the new school and avoid excess capacity; (ii) the School District shall construct an access road between Burg Street and Loudon Street and will discuss with the BZA and Granville Township (“Township”) when the road should be open; (iii) the School District shall discuss with the Township whether a public road between Burg Street and Loudon Street across the Van Winkle property is desirable and needed; (iv) the School District shall work with the Village and the Township in the construction of a bike path from the existing high school to the new school and, if necessary, shall participate in the expense of constructing such bike path, and (v) the School District shall agree to set aside some portion of the Van Winkle property as permanent green space, such number to be negotiated with the Village after the School District obtains expert guidance;
Section 4. The terms and conditions of the contract to be entered into between the Village and the District shall contain a provision that the District and the Village will contact property owners and make a good faith effort to annex the Van Winkle property to the Village. The contract shall also contain a provision that if the District is unable to obtain sufficient property owner support for an annexation at this time, the District agrees to apply for annexation of the Van Winkle property to the Village at any time in the future when annexation becomes legally possible;
Section 5. It is hereby determined that the public utility service shall be provided to the District on an exclusive basis, and that no other property shall be permitted to connect to any such services or the 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 improvement provided therewith. If School District is successful in annexing the Van Winkle property and such annexation is completed within two (2) years from the date of this ordinance, the Village hereby states its willingness to negotiate with the School District to share a portion of the costs described in this Section 5. The exact amount of the Village’s participation is subject to negotiation;
Section 6. The District will construct, maintain, and repair, at its own cost, all necessary lines, pipes, and other conduits necessary to transport sewage between the Village and the school site, subject to approval of the Village;
Section 7. The District will also obtain, at its own cost, any easements necessary for the transportation of the sewage;
Section 8. The District will retain ownership of all lines, pipes and other conduits necessary to transport sewage between the Village and the School site and shall defend the Village against any and all liability related thereto;
Section 9. The District shall 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 District;
Section 10. It is the intent of this Ordinance that the selective extension of sewer services authorized herein shall be solely for the purpose of and shall be restricted to providing sewer services to the intermediate elementary school to be constructed on the Van Winkle property. Should the District decide in the future to further develop the Van Winkle property and construct additional facilities that require sewer services then the District shall be required to seek additional selective extension of the sewer services from the Village.
Section 11. Ordinances No. 37-01 and 40-01 are hereby repealed.
Section 12. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the Municipality and its inhabitants for the following reasons: (1) OEPA’s position that when sanitary sewers are available that they should be the preferred alternative and should be approved in lieu of alternatives such as package plants; (2) OEPA’s policy to deny on-site systems or package plants when sanitary sewers are available; (3) OEPA’s statement that a package plant would be an unnecessary burden on the District and would result in the degradation of the waters of the State; (4) that the degradation of the waters and streams in the Granville area constitutes an immediate and unacceptable threat of environmental harm to the Village and its surrounding townships; and (5) that failure to immediately reach a decision regarding the selective extension of the Village’s sewer services could result in the school site not being ready for the academic year 2002- 2003, thereby resulting in over-crowded classrooms for children in the existing schools.