923.02 SALE OF WATER BY DELIVERY OR AT PLANT TAP.

   (a)   Upon request, the City will deliver water by truck to a residence that does not have access to water through municipal water lines or a functioning well. Delivery will be made to a cistern or other water tank that has been installed to provide domestic water service to the residence.

   (b)   Deliveries will be made at times designated by the Director of Public Service. A request for delivery must be made not less than 24 hours in advance of the delivery.

(Ord. 112-2011. Passed 12-27-11.)

   (c)   The charge for delivery shall be a flat fee of $53.58 per delivery up to a maximum of 1,600 gallons per delivery. The Director of Public Service is hereby authorized to adjust this fee in January of each calendar year beginning in 2025, provided that no annual adjustment, whether an increase or decrease, may be made in excess of three percent (3%) of the rate then in effect except by ordinance. Residents shall be billed for said water delivery through the City’s Utility Billing office.

   (d)   Upon request, the City may sell furnished water at a designated plant tap at the following rates for the next five years, beginning January 1, 2024:

RATE PER 1,000 GALLONS FOR WATER HAULERS WHO DELIVER

THE WATER IN CUYAHOGA FALLS

 

2024	2025	2026	2027	2028
$5.82	$8.73	$10.48	$11.53	$12.68

RATE PER 1,000 GALLONS FOR WATER HAULERS WHO DELIVER

THE WATER OUTSIDE CUYAHOGA FALLS

 

2024	2025	2026	2027	2028
$7.49	$11.24	$13.49	$14.48	$16.32

(Ord. 123-2023. Passed 12-11-23.)

   (e)   The Director of Public Service is authorized to promulgate regulations as necessary to provide for the efficient and secure sale of water pursuant to this section.

(Ord. 112-2011. Passed 12-27-11.)

923.03 FREE WATER FOR PUBLIC LIBRARY AND SCHOOLS.

   (a)   To the extent the following entities establish or maintain water service accounts with the City, the Director of Public Service shall, upon request, furnish water to such accounts without charge for human consumption, food service and sanitary purposes, provided, however, that regular rates shall apply for landscaping, irrigation, recreation or other purposes.

      (1)   The William A. and Margaretta Taylor Memorial Association dba Cuyahoga Falls Library, 2015 Third Street.

      (2)   All public schools within the territorial limits of the City, and

      (3)   All private, non-profit schools within the territorial limits of the City.

   (b)   Notwithstanding the provisions of subsection (a) above, free water will not be provided if it is used for commercial purposes, or if any building served by the account is not used primarily for school or library purposes.

   (c)   No entity eligible to receive free water service is required to accept it. All expenses associated with plumbing and metering any premises to receive free water in compliance with this section shall be borne by the account holder.

   (d)   Nothing in this section shall be construed to require the City to extend water mains or service to schools not served thereby.
(Ord. 72-2011. Passed 9-12-11.)

923.04 TAP-IN SERVICE CHARGE.

   (a)    The Director of Public Service is authorized to permit tap-ins for all water mains, where it is determined by the City to be feasible from an engineering standpoint.

   (b)    The Director of Public Service is authorized and directed to require the payment of five hundred dollars ($500.00) as a uniform service charge for each such authorized tap-in not otherwise provided for by assessment. This service charge fee of five hundred dollars ($500.00) will be in addition to meters, tapping lines and to the cost of extending the water service to the applicant's property, which expense shall be borne by the individual applicant.

   (c)    The Director of Public Service is authorized and directed to require the payment of ten dollars ($10.00) per foot for each foot of property abutting the highway with a minimum fee of six hundred twenty-five dollars ($625.00) as a uniform service charge for each authorized tap-in into City water mains outside the City where water mains have been installed and paid for by the City and where charges are not presently established by contract. This service charge fee shall be in addition to meters, tapping lines for services and the cost of extending the water service to the applicant's property, which expense shall be borne by the individual applicant.

(Ord. 113-1981. Passed 6-22-81.)

923.05 ANNEXATION PRIOR TO WATER TAP-INS.

   (a)    Landowners of property located outside the territorial metes and bounds of the City, or those holding a proper legal interest in such land, and who are not presently being served by the City's water utility system, may receive such water service upon acquiring the approval of Council and the City Service Director, pursuant to Article 18 of the Ohio Constitution and Ohio R. C. Chapter 743 and upon agreeing to annex the land to the City.

   (b)    It is hereby declared to be the express policy of the City that water from the City's water utility system shall be provided only to those properties outside of the City whose owners hold a proper legal interest in such land and annex the land to be so served with water to the City.

   (c)    If Council and the Service Director so agree, pursuant to the provisions of subsection (a) hereof, water may by ordinance be provided to the land, pending the annexation of the territory to be served upon such conditions as established by the Service Director and approved by Council.

(Ord. 100-1982. Passed 6-28-82.)

923.06 BATH ROAD WATER LINE AREA CAPITAL COST SURCHARGE.

   The Director of Public Service is authorized and directed to require that every person or business located in the Surcharge Area (as defined in Ordinance No. 47 -1992, duly passed by City Council on April 13, 1992 and now on file in the office of the Clerk of Council) and served or to be served by a connection to the City's water system, shall pay, in addition to the other charges provided in this Chapter (except the tap-in charge provided in Section 923.04(b)), the capital cost surcharge calculated by multiplying the Base Surcharge, as set forth in the table below, by the number of capital surcharge units assigned or anticipated to be assigned as of the date of connection to the water system, determined as follows:

   (a)    Each single-family residential unit shall be assigned one capital surcharge unit.

   (b)   A multi-family residential or nonresidential building, structure, or other facility shall be assigned capital surcharge units or portions thereof to the nearest one hundredth as is arrived at by dividing the assumed average daily water usage for the structure by 400. Such daily water usage shall be determined from the "Water Usage Suggested Guide" as set forth in the publication entitled "Guidelines for Design of Small Public Water Systems" published by the Ohio Environmental Protection Agency in 1988, which guide is attached as Exhibit A and incorporated herein by reference.

   (c)   A nonresidential building, structure or other facility, the daily water usage of which is not set forth in "Water Usage Suggested Guide", shall be assigned such number of capital surcharge benefits or portions thereof to the nearest one- hundredth as determined by the Director of Public Service who shall review the preliminary plans of the building, structure, or other facility together with other pertinent information, and based upon accepted engineering practices, determine the anticipated daily water usage to be delivered to such building, structure, or other facility from the water system. This quantity divided by 400 shall be the number of surcharge benefits units assigned.

   The surcharge shall be in effect for all users located in the Surcharge Area who have connected or connect to the City's water system, including all of those users from properties formerly served by the Northampton Water Company. The Base Surcharge shall be paid prior to connection to the water system, or on or before June 1, 1992 for users already connected to the system as of the date of Ordinance No. 47-1992, and shall be equal to the following amounts for each calendar year in which a tap-in permit is obtained:

Year	Base Surcharge
1992 (on or before June 1)	$ 962.20
1992 (after June 1)	991.06
1993	1,050.52
1994	1,113.56
1995	1,180.37
1996	1,251.19
1997	1,326.26
1998	1,405.84
1999	1,490.19
2000	1,579.60
2001	1,674.38
2002	1,774.84
2003	1,881.33
2004 (and thereafter)	1,994.21

   Any person planning to connect to the City's water system may pay the entire surcharge amount in a year prior to connection equal to the amount that would apply as if a tap-in permit had been obtained in the year of payment; provided, however, if the use of the applicable property changes by the date of the actual connection, the amount due will be adjusted. All users actually served by a connection to the City's water system on or before December 31, 1994, except those connecting to a newly-constructed facility, shall have an option of paying the surcharge in 120 monthly installment payments, which payments increase each calendar year. The installment payments to be made each calendar year shall be calculated by dividing the lump sum surcharge which would apply as if a connection had been made in the year the payment is due by 120. At any time a user may determine to prepay the remaining installments due by paying an amount calculated by dividing the number of remaining installment payments due by 120 and multiplying the quotient by the applicable lump sum surcharge for the year in which the prepayment is made.

   In the event a property owner moves before making all 120 payments, the new owner of the property shall be responsible for all remaining surcharge payments due under this Section. The owner of each property is responsible for the payment of the surcharge in the event of failure of a tenant to make such payment.

   In the event that within ten years following the payment of all or any portion of a surcharge there is a substantial change in the usage of or substantial development of any property or facility served by the connection to the City's water system which does not result in a new connection to the City's water system, the Director of Service shall determine in his discretion whether a new surcharge or an additional surcharge amount shall be imposed.

   City Council may determine to modify the amount of the surcharge or to discontinue the surcharge for connections to the City's water system made on or after January 1, 2002.

   The tap-in service charge provided in Section 923.04(b) will be waived to the extent surcharge payments under this Section have been paid.

(Ord. 47-1992. Passed 4-13-92.)

923.07 THEISS/NORTHAMPTON ROAD WATER LINE AREA CAPITAL COST SURCHARGE.

   The Director of Public Service is authorized and directed to require that every person or business located in the Surcharge Area (as defined in Ordinance No.70-1994 duly passed by City Council on May 23, 1994 and now on file in the office of the Clerk of Council) and served or to be served by a connection to the City's water system, shall pay, in addition to the other charges provided in this chapter (except the tap-in charge provided in Section 923.04(b) and the surcharge provided in Section 923.06), the capital cost surcharge calculated by multiplying the Base Surcharge, as set forth in the table below, by the number of capital surcharge units assigned or anticipated to be assigned as of the date of connection to the water system, determined as follows:

   (a)    Each single-family residential unit shall be assigned one capital surcharge unit.

   (b)    A multi-family residential or nonresidential building, structure, or other facility shall be assigned capital surcharge units or portions thereof to the nearest one- hundredth as is arrived at by dividing the assumed average daily water usage for the structure by 400. Such daily water usage shall be determined from the "Water Usage Suggested Guide" as set forth in the publication entitled "Guidelines for Design of Small Public Water Systems” published by the Ohio Environmental Protection Agency in 1988, which guide is on file with the Clerk of Council and incorporated herein by reference.

   (c)    A nonresidential building, structure or other facility, the daily water usage of which is not set forth in "Water Usage Suggested Guide", shall be assigned such number of capital surcharge benefits or portions thereof to the nearest one- hundredth as determined by the Director of Public Service who shall review the preliminary plans of the building, structure, or other facility together with other pertinent information, and based upon accepted engineering practices, determine the anticipated daily water usage to be delivered to such building, structure, or other facility from the water system. This quantity divided by 400 shall be the number of surcharge benefits units assigned.

   The surcharge shall be in effect for all users located in the Surcharge Area who have connected or connect to the City's water system. The Base Surcharge shall be paid prior to connection to the water system, or on or before December 31, 1994 for users already connected to the system as of the date of Ordinance No. 70-1994 , and shall be equal to the following amounts for each calendar year in which a tap-in permit is obtained:

Year	Base Surcharge
1994 (on or before Dec. 31)	$ 3,877.53
1995	4,118.57
1996	4,374.61
1997	4,646.55
1998	4,935.42
1999	5,242.24
2000	5,568.14
2001	5,914.31
2002	6,281.99
2003	6,672.55
2004	7,087.39
2005	7,528.02
2006 and thereafter	7,996.05

   Any person planning to connect to the City's water system may pay the entire surcharge amount in a year prior to connection equal to the amount that would apply as if a tap-in permit had been obtained in the year of payment; provided, however, if the use of the applicable property changes by the date of the actual connection, the amount due will be adjusted. All users actually served by a connection to the City's water system on or before December 31, 1995, except those connecting to a newly-constructed facility, shall have an option of paying the surcharge in 120 monthly installment payments, which payments increase each calendar year. The installment payments to be made each calendar year shall be calculated by dividing the lump sum surcharge which would apply as if a connection had been made in the year the payment is due by 120. At any time a user may determine to prepay the remaining installments due by paying an amount calculated by dividing the remaining installment payments due by 120 and multiplying the quotient by the applicable lump sum surcharge for the year in which the prepayment is made.

   In the event a property owner moves before making all 120 payments, the new owner of the property shall be responsible for all remaining surcharge payments due under this Section. The owner of each property is responsible for the payment of the surcharge in the event of failure of a tenant to make such payment.

   In the event that within ten years following the payment of all or any portion of a surcharge there is a substantial change in the usage of or substantial development of any property or facility served by the connection to the City's water system which does not result in a new connection to the City's water system, the Director of Service shall determine in his discretion whether a new surcharge or an additional surcharge amount shall be imposed.

   City Council may determine to modify the amount of the surcharge or to discontinue the surcharge for connections to the City's water system made on or after January 2, 2005.

The tap-in service charge provided in Sections 923.04(b) and 923.06 will be waived to the extent surcharge payments under this Section having been paid.

(Ord. 70-1994. Passed 5-23-94.)

923.08 NORTHAMPTON ROAD WATER LINE AREA CAPITAL COST SURCHARGE.

   The Director of Public service is authorized and directed to require that every person or business located in the Surcharge Area (as defined in Ordinance No. 37-1995 duly passed by City Council on March 27, 1995 and now on file in the office of the Clerk of Council) and served or to be served by a connection to the City’s water system, shall pay, in addition to the other charges provided in this chapter except the tap-in charge provided in Section 923.04(b) and the surcharge provided in Section 923.06 and 923.07, the capital cost surcharge calculated by multiplying the Base Surcharge, as set forth in the table below, by the number of capital surcharge units assigned or anticipated to be assigned as of the date of connection to the water system, determined as follows:

   (a)    Each single-family residential unit shall be assigned one capital surcharge unit.

   (b)   A multi-family residential or nonresidential building, structure, or other facility shall be assigned capital surcharge units or portions thereof to the nearest one- hundredth as is arrived at by dividing the assumed average daily water usage for the structure by 400. Such daily water usage shall be determined from the “Water Usage Suggested Guide” as set forth in the publication entitled “Guidelines for Design of Small Public Water Systems” published by the Ohio Environmental Protection Agency in 1988, which guide is on file with the Clerk of Council and incorporated herein by reference.

   (c)   A nonresidential building, structure or other facility, the daily water usage of which is not set forth in “Water Usage Suggested Guide”, shall be assigned such number of capital surcharge benefits or portions thereof to the nearest one- hundredth as determined by the Director of Public Service who shall review the preliminary plans of the building, structure, or other facility together with other pertinent information, and based upon accepted engineering practices, determine the anticipated daily water usage to be delivered to such building, structure, or other facility from the water system. This quantity divided by 400 shall be the number of surcharge benefits units assigned.

   The surcharge shall be in effect for all users located in the Surcharge Area who have connected or connect to the City's water system. The Base Surcharge shall be paid prior to connection to the water system, or on or before June 30, 1995 for users already connected to the system as of the date of Ordinance No. 37 - 1995, and shall be equal to the following amounts for each calendar year in which a tap-in permit is obtained.

Year	Base Surcharge
1995 (on or before June 30)	$ 2,781.94
1995 (on or after July 1)	2,865.40
1996	3,037.32
1997	3,219.56
1998	3,412.73
1999	3,617.49
2000	3,834.54
2001	4,064.61
2002	4,308.49
2003	4,567.00
2004	4,841.02
2005	5,131.48
2006 and thereafter	5,439.37

   Any person planning to connect to the City's water system may pay the entire surcharge amount in a year prior to connection equal to the amount that would apply as if a tap-in permit had been obtained in the year of payment; provided, however, if the use of the applicable property changes by the date of the actual connection, the amount due will be adjusted. All users actually served by a connection to the City's water system on or before December 31, 1996, except those connecting to a newly-constructed facility, shall have an option of paying the surcharge in 120 monthly installment payments, which payments increase each calendar year. The installment payments to be made each calendar year shall be calculated by dividing the lump sum surcharge which would apply as if a connection had been made in the year the payment is due by 120. At any time a user may determine to prepay the remaining installments due by paying an amount calculated by dividing the remaining installment payments due by 120 and multiplying the quotient by the applicable lump sum surcharge for the year in which the prepayment is made.

   In the event a property owner moves before making all 120 payments, the new owner of the property shall be responsible for all remaining surcharge payments due under this Section. The owner of each property is responsible for the payment of the surcharge in the event of failure of a tenant to make such payment.

   In the event that within ten years following the payment of all or any portion of a surcharge there is a substantial change in the usage of or substantial development of any property or facility served by the connection to the City's water system which does not result in a new connection to the City's water system, the Director of Service shall determine in his discretion whether a new surcharge or an additional surcharge amount shall be imposed.

   City Council may determine to modify the amount of the surcharge or to discontinue the surcharge for connections to the City's water system made on or after January 2, 2006.

   The tap-in service charge provided in Sections 923.04(b) and the surcharges provided in 923.06 and 923.07 will be waived to the extent surcharge payments under this section having been paid.

(Ord. 37-1995. Passed 3-27-95.)