(A) Scope. This Metropolitan Water Service Plan (MWSP) applies to the Metropolitan Water Service Area (MWSA), which consists of that geographical area lying outside of the Lima corporation limits within the City Water Department's Water Service System, exclusive of the Allen Water District, the Allen County Water District, the Fort Shawnee Water District, the Indian Brook water service area, any contract for sale of untreated water, or any contract for sale of any water to a sovereign-nation government, and any other Outside User under separate contract for the sale of water not otherwise addressed herein.
(1) Any other contract for sale of water (treated or untreated) to an Outside User, including any contract for sale of any water to a sovereign-nation government (whether Inside or Outside), must be separately approved by Council.
(B) All Outside Users covered under this MWSP and as defined in Section (C) of this code section shall be governed by the Rules and Regulations of the Water Department and the Terms and Conditions of this Code Section until such entities are located within the corporation limits of the City of Lima.
(C) Definitions
(1.1) Inside Rate. The Inside Rate is the standard rate, as amended from time to time, charged by the City of Lima for water services for each class of user located within the municipal boundaries of the City of Lima.
(1.2) Inside User. An Inside User is a user of Lima water located within the municipal boundaries of the City of Lima.
(1.3) Outside User. An Outside User is a user of Lima water located outside the municipal boundaries of the City of Lima.
(1.4) Residential User. A Residential User is a user who resides in a residential dwelling, where the dwelling is solely used as a living shelter, or is a user that qualifies as a tax exempt organization under Internal Revenue Code Section 501, or is a Governmental User, including the United States, any agency thereof; the State of Ohio, and any agency or political subdivision thereof. The Elida Master Meter account shall be classified as an Outside Residential User.
(1.5) Commercial User. A Commercial User is a user who is engaged in commerce and whose water usage is limited to domestic purposes and/or is not involved in water usage for a mechanical, trade, or manufacturing purpose.
(1.6) Industrial User. An Industrial User is a User of City water who is engaged in commerce and whose water usage is not limited to domestic purposes and who uses water for mechanical, trade, or manufacturing purposes.
(1.7) Contract Fee. The Contract Fee is a fee which shall be charged to Outside Users under the MWSP for the privilege and convenience of receiving water service from the City. The Contract Fee is calculated by multiplying the amount of the base water service charge set forth in section (E)1.1 below times the appropriate percentage Contract Fee for each user as set forth in section (E)1.2 below.
(D) Administration. The Director of Utilities shall be responsible to review and approve all water service hook-ups for Outside Users; administer the Water Rules and Regulations as established by the Mayor; provide billing and collection services for water consumption; and perform such other services or functions as may be required to administer this MWSP or as may be determined by the Mayor. Contract Fees received for water service to Outside Users shall be credited to the City’s general fund, in the appropriate accounts as determined by the Auditor.
(E) Base Water Service Charge; Contract Fee
(1.1) All Outside Users receiving water under the MWSP shall pay a water rate equal to the Inside Rate for the same classification of Inside User for the volume of water received.
(1.2) In addition to the Base Water Service Charge set forth above, each such Outside User shall pay a Contract Fee as set forth below:
(a) Outside Residential User: 50% Contract Fee
(b) Outside Commercial User: 100% Contract Fee
(c) Outside Industrial User: 100% Contract Fee
(F) Any Outside User who accepts water from the City shall be deemed to accept such water subject to the provisions of this MWSP as enacted herein, and as may be amended from time to time, and also subject to the Rules and Regulations of the Water Department, as may be amended from time to time.
(G) The Director of Utilities is authorized to discontinue water service to any Outside User who, in the determination of the Director, fails to comply with the provisions of the City’s MWSP as enacted herein, and as may be amended from time to time, or the Rules and Regulations of the Water Department, as may be amended from time to time.
(H) Effective Date. The charges and fees as established in section (E) of this MWSP shall be effective for the beginning of the first full billing cycle for each affected Outside User on or after June 21, 2007.
(Ord. 115-07. Passed 5-21-07.)