1040.03  SURCHARGES FOR CONNECTION TO WATER SYSTEM.
   Council hereby establishes the following regulations and surcharges for users connected to the City's water system:
   (a)   No person, corporation, public agency, partnership or association whatsoever shall be connected, or cause to be connected, any building or other structure or additional use, either directly or indirectly, to the water system without paying the applicable water surcharge established in this section and any applicable additional charges determined in accordance with the provisions of this section or otherwise.
   (b)   The City shall charge customers connected to the water system a surcharge of 27.5% times the current user rate Barberton charges Barberton residents.
   (c)   No later than the end of 2007 and at least every five years thereafter, and at any other time that Council finds appropriate, the surcharges shall be recalculated based on the flow billed by Barberton and the replacement cost of the water system at that time.
   (d)   For so long as the Agreement between the City and Barberton remains in effect, Barberton shall charge and collect the surcharges described in this section in conjunction with its charges and remit those charges to the City as provided in the Agreement. All monies collected by the City as charges from Barberton shall be deposited into the Water Utility Fund for the City.
   (e)   The imposition of surcharges provided for in this section shall not preclude the levy of special assessments and/or charges against benefited properties, now in place or imposed in the future, to provide funds and/or reimburse the City for its cost to construct, replace, rehabilitate or otherwise improve water lines required to provide water service to such properties, and the charges provided for in this section are in addition to any other permits and charges required by law.
   (f)   In the event that any lot or land or building or other structure thereon is connected directly or indirectly to the water system in violation of any of the provisions of this section, and the owner, agent, lessee, tenant or occupant of such lot or land fails or refuses to disconnect the same upon being directed to do so by the City, the City Engineer is hereby authorized to cause such lot or land to be disconnected from the water system, and the violator shall be liable to the City for the cost of making such disconnection.
(Ord. 66-2003. Passed 8-25-03; Ord. 49-2004. Passed 3-22-04; Ord. 45-2006. Passed 5-22-06.)