(a) No person, corporation, public agency, partnership or association whatsoever shall connect, or cause to be connected, any building or other structure to the Pohl Road Waterline Project (i) unless authorized to do so under the ordinances, rules and regulations of the Village of Ottawa and (ii) without first paying the charges provided for in Chapter 921 and Sections 929.01 and 929.02 of the Codified Ordinances of the Village of Ottawa and the additional charges determined in accordance with the provisions of this section. For purposes of this section, the term “Pohl Road Waterline Project” shall mean the Pohl Road waterline project set forth in a connection fee study dated April 25, 2005 prepared by the consulting engineers to the Village.
(Ord. 05-12. Passed 5-23-05.)
(Ord. 05-12. Passed 5-23-05.)
(b) Where a connection is to be made to the Pohl Road Waterline Project, the potential user thereof shall pay, prior to making such connection, in addition to the charges specified in Chapter 921 and Sections 929.01 and 929.02 of the Codified Ordinances of the Village of Ottawa, a one-time, up-front connection charge initially equal to $7,021.61 per equivalent dwelling unit (“EDU”) times the number of EDUs as determined in paragraph (c) of this Section.
(Ord. 06-19. Passed 10-9-06.)
(c) For purposes of determining the connection charge under paragraph (b) of this section, an EDU is hereby determined to be equivalent to a portion of the capacity of the Pohl Road Waterline Project to service a single family dwelling. The number of EDUs shall be determined by the Director of Municipal Service based upon the following guidelines: (i) lots with only a single family dwelling thereon shall be assigned one EDU; (ii) lots with a double house or duplex thereon or a single family dwelling thereon with only one additional rental unit or one additional separate living unit therein, or a single family dwelling thereon and a structure constituting only one additional rental unit or one additional separate living unit thereon, such as a garage apartment, shall be assigned two EDUs; (iii) lots which contain a dwelling but do not fall within categories (i) or (ii) above, or lots which contain structures which are used other than as dwellings, such as for agricultural, commercial, industrial, governmental, church, social or community purposes, shall be assigned such number of EDUs as determined by a consulting engineer to the Village based on customary engineering principals and practices with respect thereto; and (iv) a connection to the Pohl Road Waterline Project which is other than a service connection for a single lot, such as a waterline extension to serve lots which cannot practicably or economically be served by direct individual lot service connections to the Pohl Road Waterline Project, shall be assigned such number of EDUs as determined at that time either (1) by a consulting engineer to the Village based on the standards set forth above and taking into account the relative value and benefit of the Pohl Road Waterline Project to such lots to be served by that connection by taking into account such factors as that consulting engineer may determine to be reasonable and appropriate under the circumstances or (2) by the then Village Council.
(Ord. 05-12. Passed 5-23-05.)
(Ord. 05-12. Passed 5-23-05.)
(d) In lieu of payment of the one-time, up-front connection charge provided in paragraph (b) of this Section a potential user with a direct individual lot service connection to the Pohl Road Waterline Project may pay any portion thereof and may enter into a written contract with the Village, in form and substance satisfactory to, and approved by, the Law Director of the Village, agreeing, on behalf of that user and any successors, assigns and future users of that connection, to pay the unpaid balance of that connection charge in two hundred forty consecutive monthly installments to be calculated by amortizing the unpaid balance of that connection charge on a monthly basis over a twenty year period and at an interest rate of 6% per year, which results in a monthly amortization factor of 0.007165. The monthly installment due shall be determined by multiplying the unpaid balance of that connection charge by that monthly amortization factor of 0.007165. Each such monthly installment shall be billed monthly to the user of that connection and may be included in any other monthly bill rendered to that user by the Village. Any user who is paying the unpaid balance of that connection charge on a monthly installment basis may at any time elect to pay in whole (except owners who are responsible for multiple EDU’s who shall be permitted to pay less than the balance due in owing, so long as the partial payment is not less than $2,000.00) the remaining unamortized principle balance of that connection charge as calculated by the Clerk-Treasurer, and upon such payment in full the monthly charge provided for in this paragraph shall no longer be billed.
(Ord. 06-26. Passed 12-18-06.)
(e) The connection charge per EDU set forth in paragraph (b) of this section shall be increased by an amount equal to 4% thereof on January 1, 2007 and on the first day of January each year thereafter, provided, however, that the connection charge per EDU shall not be increased by the provisions of this paragraph (e) beyond $15,000 per EDU. The incremental charges as set forth in this paragraph and the incremental charges on a monthly basis as set forth in paragraph (d) hereof are intended to offset interest charges on obligations incurred to pay, and interest earnings foregone on any funds utilized or to be utilized by the Village to pay, the cost of the Pohl Road Waterline Project.
(f) Any connection charges collected in monthly installments must be paid in the manner and at the same time as required by Chapter 921 of the Codified Ordinances for monthly bills and the provisions of Section 921.01 shall apply in all respects to those installments as if the same were water charges thereunder. All moneys collected by the Village as connection charges and installments thereof pursuant to the provisions of this section shall be deposited and used as provided in Section 929.04 of the Codified Ordinances.
(g) The imposition of charges provided for in this section shall not preclude the subsequent levy of special assessments against benefitted properties to provide funds for the construction, replacement, rehabilitation or other improvement of waterlines 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 and by ordinance or regulation of this Village.
(h) In the event that any lot or land or building or other structure thereon is connected to the Pohl Road Waterline Project 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 Director of Municipal Service, the Director of Municipal Service is hereby authorized to cause such lot or land to be disconnected from the Pohl Road Waterline Project, and the violator shall be liable to the Village for the cost of making such disconnection.
(Ord. 05-12. Passed 5-23-05.)