#33-07

PASSED 7/23/07

COMMITTEE REVIEW:	SERVICE MAINTENANCE
INTRODUCED BY:	COUNCILMEMBER MERCER
INTRODUCED ON:	JULY 23, 2007
DATE OF FIRST READING:	JULY 23, 2007
DATE OF SECOND READING:
DATE OF THIRD READING:
EMERGENCY CLAUSE:	YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:	YES/NO

AN ORDINANCE AMENDING THE REGULATIONS OF THE DIVISION OF WATER AND SEWER FOR THE DEPARTMENT OF PUBLIC SAFETY OF THE MUNICIPALITY OF SEBRING, OHIO; AND DECLARING AN EMERGENCY

WHEREAS, the regulations of the Water and Sewer Division of the Village of Sebring were promulgated and adopted by Council; and amended from time to time to provide for the effective administration and functioning of the water and sewer utilities provided by the Municipality of Sebring, Ohio; and

WHEREAS, the Municipality of Sebring by and through its legislative authority desires to amend the Rules and Regulations of the Water and Sewer Division of the Village of Sebring to provide that no sewer service will be provided to new applicants unless the application also includes water service.  The primary consideration for this change in the regulations is to provide the Village additional avenues to consistently enforce the Water and Sewer Regulations including collection of delinquent accounts.

            THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS:

Section 1.        That the regulations of the Division of Water and Sewer Department of Public Service for the Municipality of Sebring, Ohio as previously amended are hereby amended to provide for the addition of a new Section 23.5 under Chapter 3 of said regulations:

Section 23.5   
No sewer service application shall be accepted or approved by the Village of Sebring unless the property served shall also apply for and obtain water service to the premises,
if municipal water service is also available to the premises.  The purpose of this regulation is to require all applicants for a sewer tap to apply for and receive a water tap for any premises, if municipal water service is available to the premises.

Section 2.  That all prior inconsistent provisions of Section 23.5 of the Regulations of the Division of Water and Sewer Department of Public Service Municipality of Sebring, Ohio are hereby repealed.  Any provision of Section 23.5 which is not specifically amended herein shall remain in full force and effect.

Section 3.        That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 4.        That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio and for the further reason that it is necessary to provide for the efficient and equal enforcement of uniform regulations as quickly as possible.

	_____________________________ JOHN W. SMITH Mayor/President of Council
ATTEST:	APPROVED AS TO LEGAL FORM:
_________________________ Malea G. Sanor Clerk of Council	_________________________ Andrew L. Zumbar Assistant Solicitor