923.10 NORTHEAST HIGH PRESSURE WATER DISTRICT CAPITAL COST SURCHARGES.

   (a)    The Director of Public Service is authorized and directed to require that every person or business located in the Surcharge Areas as defined in Ordinance No. 60-1996 duly passed by City Council on April 22, 1996 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 the capital cost surcharges calculated as follows:

      (1)    The Lump Sum Surcharge Amount shall be 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 Lump Sum Surcharge Amount shall be in effect for and apply to all users located in the Lump Sum Surcharge Area depicted in Exhibit A, other than users on property which has been assessed for the water lines to which they connect, who connect to the City's water system on or after May 1,1996. For purposes of the Lump Sum Surcharge Amount but not for purposes of the High Pressure Service Charge Amount, any user who was served by a connection to the County water system prior to May 1,1996, shall be deemed to have connected to the City's water system prior to May 1,1996. The Lump Sum Surcharge Amount shall be paid by all such users in the Lump Sum Surcharge Area depicted in Exhibit A who connect to the City's water system on or after May 1,1996, prior to connection to the water system, and said Surcharge Amount shall be equal to the following amounts for each calendar year in which a tap-in permit is obtained:

Year	Base Surcharge
1996	$ 2,500.00
1997	2,650.00
1998	2,809.00
1999	2,977.54
2000	3,156.19
2001	3,345.56
2002	3,546.30
2003	3,759.08
2004	3,984.62
2005	4,223.70
2006	4,477.12

            Any person planning to connect to the City's water system may pay the entire Lump Sum 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 correction to the City's water system within eighteen (18) months of the date upon which the City Engineer and the Water Superintendent certify that the waterline serving that user is completed, 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.

      (2)    In addition to any other charges there shall also be charged to each user located in the High Pressure Service Charge Area depicted in Exhibit B and connected to the City's water system, except customers of the Cuyahoga Falls Water Utility who obtained Cuyahoga Falls Water service prior to May I, 1996, a High Pressure Service Charge Amount as follows:

 

First 400 cubic feet. per month - Minimum	$6.88 per month
All Over 400 cubic feet per month	$17.21 per 1000 cubic feet

      (3)   The High Pressure Service Charge imposed pursuant to subsection (a)(2) above shall terminate effective December 1, 2013.

   (b)    Upon completion of construction of all waterlines and facilities necessary to serve the Northeast High Pressure Water District, and at five year intervals thereafter, City Council shall evaluate the costs of construction, the revenue being generated, and the projected development within the District and may determine to modify the amount of either surcharge, to extend the time for payment of either surcharge, or to discontinue either surcharge as Council determines to be appropriate to accomplish the equitable reimbursement of the City's actual costs of the improvements in the Surcharge Areas as set out herein.

   (c)    The tap-in service charge provided in Sections 923.04(b) and the surcharges provided in 923.06, 923.07, 923.08, 923.09 and 923.10 will be waived to the extent Lump Sum Surcharge payments under this Section have been paid or to the extent improvements are constructed at no cost to the City to the extent provided by ordinances enacted by City Council.

(Ord. 48-2021. Passed 6-28-21.)