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.)