(a) Definitions.
(1) "Customer" means an individual or entity who receives delivery of water and/or water services from the Water Works System and to whom a water bill is issued or who is otherwise responsible for payment for the use and/or receipt of water and/or water services from the Water Works System.
(2) "Extraterritorial Property" means any Property located outside the territorial limits of the Village and within the area served by the Village Water Works System, and bounded and described as follows:
Beginning at the southern right of way of E. Calla Road at its intersection with Unity Road, extending east to the present Aqua Service Area boundary line, following that line until it intersects with E. Calla Road east of Rapp Road, then following the southern right-of-way of E. Calla Road to the Ohio/Pennsylvania line; then extending south along the state line to the northern right-of way line of South Range Road, and following said right-of-way line west to the present Aqua service area boundary; then running along said boundary north until it intersects with the northern right of way line of E. Middletown Road; then west along said E. Middletown Road right of way to its intersection with Unity Road; then north along the eastern right of way of Unity Road to the place of beginning.
(3) "Non-resident Customer" means a Customer who resides and/or owns Extraterritorial Property.
(4) "Property" means any parcel of real property to which water and/or water services from the Water Works System are delivered or provided.
(5) "Village" means the Village of New Middletown, Ohio.
(6) "Water Works System" means all water distribution and transmission facilities owned or hereafter acquired by the Village used and useful for the distribution and transmission of a potable water supply, including, but not limited to, any and all water mains, water lines, water storage facilities, pumps and booster stations, valves, hydrants, service lines and meters, including, but not limited to, any distribution and transmission facilities leased to an Ohio public utility corporation.
(b) Purpose. The purpose of this Section is to distribute the cost of replacements and/or improvements to the Water Works System equitably between (1) Village Customers and/or Property owners, who contribute to or otherwise pay for replacements and/or improvements to the Water Works System through payment of taxes to the Village and (2) Non-resident Customers who enjoy the delivery of water from the Water Works System but do not contribute to or share the cost of replacements and/or improvements to such delivery system via payment of taxes Justification for imposition of this fee is that residents of the Village are assessed and pay to the Village certain taxes, a portion of which is used by the Village to cover the cost of replacements and/or improvements to the Water Works System The delivery fee assessed to Non-resident Customers enables Non-resident Customers to share a portion of the cost of replacements and/or improvements to the water lines which deliver water to such Non-resident Customers.
(c) Authority. Pursuant to the powers granted to municipalities by the Ohio Constitution as well as Ohio Revised Code Section 743.04, for the purpose of paying the expenses of conducting and managing the Village's Water Works System, including operating expenses and the costs of permanent improvements, the Village Fiscal Officer may assess and collect a water rent or charge of sufficient amount and in such manner as determined to be most equitable from all tenements and premises supplied with water.
(d) Establishment of Delivery Fee. An annual water delivery fee shall be charged to all Non-resident Customers. The amount of such delivery fee shall be determined by Village Council and shall be based on the reasonable cost incurred by the Village for replacements and/or improvements to the Water Works System, the expected cost of future replacements and/or improvements to the Water Works System, and a reasonable reserve for future replacements and/or improvements.
(e) Collection of Delivery Fee. Each calendar year, either the Village or any agent of the Village or individual or entity designated by the Village shall send a statement to each Non-resident Customer, which shall set forth the delivery fee and instructions for making timely payment of the delivery fee. Each Non-resident Customer shall make payment in accordance with the instructions set forth in the statement. The statement may be included with or on the regular monthly bill or statement for that month received by the Non-resident Customer for its monthly consumption of water.
(f) Failure to Timely Pay Delivery Fee. When the delivery fee is not paid when due, any Village Fiscal Officer may take any action as such official deems fit pursuant to Ohio Revised Code 743.04, as amended, or any other statute in effect at the time, as the case may be.
(Ord. 2013-10. Passed 2-10-14.)