Outside Business


 

The City of Niles

 

Information of person applying

Name Email Phone
     
Address Business Name  Tax ID Number
     

Information of Property being served

Address of Property Being Served Will this property be used as a rental?
   
If so, number of Units?
List all properties currently or previously owned with the City of Niles Utilities Please list any additional notes you may have
   
Property use  


Agreement

  I certify that I am the owner or agent of the property address listen above and that I have and agreement or contract, written or oral, with the above-named person to reside in said property. I also certify and acknowledge that I am aware of Niles Codified Ordinance #149.10 and have read and reviewed the Utility Billing Policy which can be accessed on the City of Niles website.

  OWNER RESPONIBLE FOR ALL WATER/SEWER PAYMENT – As owner of the above named property I agree to be responsible for payments in full of any Utility service charges and any which are delinquent to the Niles utilities Department by my tenant / lessee, if authorized by the owner will pay for the service or services, and such owner not thereby be relived of the payment of any delinquencies that may occur

  DELINQUENT PAYMENT / UTILITY TURN OFF - When a UTILITY service bill has not been paid by the time specified on the bill, the said services shall be turned off after due notice. This service WILL NOT be turned on again until the total amount of all charges against the PAST DUE service has been paid in full, together with the added current TURN-OFF and TURN-ON-CHARGE(S).

  OWNER TO RECEIVE NOTICE OF TENANT NON-PAYMENT OF BILL - If said tenant / lessee shall fail to pay any UTILITY service bill for the service rendered when due, I am aware of Niles Codified Ordinance #149.10 which states the property owner will be billed and assume primary responsibility for payment for utility services as if he or she were the direct consumer of such utility services.

   OWNER NOTICE OF SALE OF PEROPERTY- I, or my agent of the above-named property owner, do further agree to notify the Utilities department of the City fo Niles, Ohio when the named property is sold or transferred to a new owner and agree to pay all unpaid final service charges.

  NO NEW SERVICE - The Niles Utilities department will not grant any additional service to said owner(s) at this, or any other address, if they have and outstanding delinquent Utility bill in the system. All bills shall be paid in full to obtain service(s).

  SERVICE LINES - Water and Sanitary lateral / service lines are the responsibility of the property owner.

  BACKFLOW PREVENTION - Water customers that require a backflow device to be installed on the water service line must comply with Niles Backflow prevention rules and laws. Annual inspection and surveys must be completed and returned to the City of Niles.

  ANNEXATION REQUIRED - Property Owners who are requesting water, sewer, or electric services from the City of Niles whose property is in-whole or in-part outside the city limits shall adhere to Niles Codified Ordinance #58-19, including the execution of any incentive agreements, in exchange for receiving utility services.

WAIVER - The failure of the City to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver not shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Utility Agreement

   This Utility Agreement (the "Agreement") is made and entered into this day, by and between (hereinafter the "Landowner'') and the City of Niles, Ohio, an Ohio municipal corporation organized and existing under the Constitution and laws of the State of Ohio (hereinafter the "City"), under the circumstances summarized in the following recitals. RECITALS:
WHEREAS, Landowner owns or controls approximately +/- acres of land located on referred to herein as the "Property") which is currently not contiguous with the boundaries of the City; and
 
  WHEREAS, the Property would benefit from certain City services and utilities, including electric service and
 
  WHEREAS, the City can provide and hereby agrees to offer its electric service to the Property if the Property is annex into the City at such time as the Property is both contiguous to the City and at the time that the City determines that annexation is required; and
 
  WHEREAS the Parties agree that it is in their mutual interest during the process to enter into this Agreement for the development of the Property for the mutual benefit of Landowner and the City; and
 
  Now THEREFORE, in consideration of the covenants and agreements contained herein and on the reverse side of this agreement, Landowner and the City covenant and agree as follows:  
Section 1. Agreement to Annex for Utility Service The parties agree to the following provisions: a) In exchange for the agreement to annex the property when the property is contiguous to the City and when the City determines annexation is necessary, the City agrees to provide electric service to the property upon execution of this agreement;
 
b) City agrees that upon annexation the parcel(s) that receive, whether currently or in the future, any City owned utility service for water, light and sewer will be charged at the City's inside incentive rate applicable to all citizens of the City of Niles, as established by City Council through the Service Director and as may be changed from time to time;
 
c) Landowner agrees that once the property is contiguous with the City and after demand by the City to commence the annexation process the Landowner shall cooperate in every aspect to ensure that the annexation is completed (see reverse side for additional terms and conditions)

 

 



Requirements to cooperate in the annexation process

A. Additional requirements to cooperate in the annexation process:

a. Prepare at Landowner's expense the annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City;

b. Landowner agrees that they will execute and cause any other underlying property owners to execute any necessary annexation petitions, as appropriate, and will not remove names from the petitions within the statutory period and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law. The petition will be filed with the Trumbull County Commissioners. The Landowner agrees that all costs and expenses in petitioning for the annexation will be borne by the Landowner. Landowner further agrees that they will continue to support the annexation to the City throughout the process, including any appeal or court action;

c. Landowner and the City agree to cooperate and provide information, and to make witnesses available for, any hearing before the Board of Commissioners of Trumbull County, Ohio ("the Commissioners");

d. Landowner agrees that it will dedicate any property necessary for right-of-way improvements accessing the Property to the City at no charge to the City. Landowner agrees to provide City with any necessary easements for all public improvements, including but not limited to any sewer, water, and/or light required easements.

B. Intent of Parties. This Agreement shall be binding upon the Parties hereto and their respective successors and/or assigns, and by execution hereof, all Parties represent that they are duly authorized to sign it. By passage of Ordinance No. 58-19 on November 13. 2019, the City authorized the execution of this Agreement.

C. Cancellation or Termination. This Agreement may be cancelled or otherwise terminated by mutual written agreement of the Parties hereto or pursuant to the terms of this Agreement as to conflict in law and/or acts of God.

D. Remedies. Except as otherwise limited by Chapter 2744 of the Ohio Revised Code as to action for or against the City, the Parties hereto shall be afforded and do possess the right to seek every remedy available at law or in equity provided for under the laws of the State of Ohio as pertains to the terms and conditions, duties, obligations, privileges and rights of this Agreement and the enforcement thereof. Specifically, the parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the City shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

E. Enforcement. Unless this Agreement is cancelled or otherwise terminated, this Agreement will be enforceable against any Party hereto per the laws, ordinances, resolutions, regulations or policies in effect at the time of the execution of this Agreement.

F. Assignment of Agreement. Landowner shall not assign this Agreement, or any part thereof or any duty, obligation, privilege or right granted under this Agreement, without the express written consent of the City, which shall not unreasonably be withheld.

G. Relative Rights. The rights and obligations of the parties hereunder shall be subject to the terms and conditions hereof, and will inure to the benefit of, and be binding on, the respective successors and assigns.

H. Entire Agreement Merger: Clause; Statement of Incorporation. It is agreed that the Agreement merges all of the oral negotiations, representations, discussions and understandings between the Parties, their legal counsel, agents or representatives. This Agreement contains the entire Agreement of the Parties with respect to its subject matter. All documents related to this Agreement and/or attached hereto as exhibits or addendums shall be incorporated into this Agreement by reference as if fully set out at length herein.

I. Severability. If any clause, sentence, paragraph or part of this Agreement shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement and the remainder of said Agreement shall continue in full force or effect.

J. Cooperation. The City will cooperate with Landowner to obtain any required and/or necessary permit from any government or governmental agency not a party to this Agreement.

K. Modifications or Amendment of Agreement. No modifications, amendments, alterations or additions shall be made to this Agreement except in a writing signed by all Parties hereto.

L. Recitals. The Parties acknowledge and agree that the facts and circumstances as described in the Recitals hereto are an integral part of this Agreement and as such are incorporated herein by reference.

M. Executed Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. It shall not be necessary in proving this Agreement to produce or account for more than one of those counterparts.

N. Captions. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.

O. Survival of Representations and Warranties. All representations and warranties of Landowner and the City in this Agreement shall survive the execution and delivery of this Agreement.

P. Effective Date. This Agreement shall be effective when signed by all the Parties hereto.

Q. Time. Time shall be of the essence in doing and performing all things to be done under the terms of this Agreement.

R. Applicable Law. This Agreement shall be governed by the laws of the State of Ohio, and any controversy arising hereunder shall have proper venue only in a court of competent jurisdiction in Trumbull County, Ohio.

S. Waiver. No delay or failure on the part of any Party to this Agreement in exercising any right, power, or privilege under this Agreement or under any other instrument given in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege.

T. Covenants Run with the Land. It is intended that the covenants, easements, agreements, promises and duties set forth in this Agreement shall be construed as covenants that run with the land. Landowner agrees that this contract shall be filed with the Trumbull County Recorder.


This form Must include to receive City of Niles Utility services the following
  • Copy of Closing Disclosure or Deed (for owner)
  • Copy of Tax ID or Number
  • Copy of City of Niles Notarized lease (for renter)
  • Completed Inspection by Niles Housing Office (if applicable)
  • Completed Application

Attachments

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Signature Certificate
Document name: Outside Business
lock iconUnique Document ID: 1ce357bd9c29df7870718b98c9eac832f5770597
Timestamp Audit
March 13, 2023 11:57 am EDTOutside Business Uploaded by Niles Admin - mburns@thecityofniles.com IP 96.11.48.238
April 10, 2023 8:21 am EDTApp - app@thecityofniles.com added by Niles Admin - app@thecityofniles.com as a CC'd Recipient Ip: 96.11.48.238
May 2, 2023 3:19 pm EDTApp - app@thecityofniles.com added by Niles Admin - mburns@thecityofniles.com as a CC'd Recipient Ip: 96.11.48.238
May 4, 2023 2:07 pm EDTApp - app@thecityofniles.com added by Niles Admin - mburns@thecityofniles.com as a CC'd Recipient Ip: 96.11.48.238