(a) No person, corporation, public agency, partnership or association whatsoever shall connect, or cause to be connected, any building or other structure either directly or indirectly to those sanitary sewer improvements identified in Section 1 of Resolution No. 1994-62 adopted by Council and commonly known as the Royalton Road Sanitary Sewer Project (the "Project") without first paying the charges established in Section 1046.24 and any applicable additional charges determined in accordance with the provisions of this section.
(b) Where a connection is to be made to the Project, either directly or indirectly, and the lots or lands to be served directly or indirectly by the Project, have not been specially assessed for costs of that Project, the potential user thereof shall pay, prior to making such connection, in addition to the charges established in Section 1046.24 and any other applicable section, a one-time, up-front connection charge equal to five hundred seventy-nine dollars ($579.00) per Benefit Unit. For purposes hereof a single Benefit Unit shall be equal to an estimated sewage flow of 400 gallons per day and the number of Benefit Units to be used in calculating the additional connection charge hereunder shall be determined by the City Engineer based on the Suggested Sewage Flow Guide attached as Exhibit A to this chapter passed by Council or, if such Suggested Sewage Flow Guide in the sole judgment of the City Engineer does not cover the particular situation, then the City Engineer shall calculate the number of Benefit Units based on customary engineering principles and practices with respect to estimated sewage flows from particular uses.
(c) The charge per Benefit Unit set forth in this section shall be adjusted upwards or downwards in the same proportion as the actual cost of the Project bears to the estimated cost of the Project. Any such adjustment shall be made by the City Engineer at the time that he certifies the construction of the Project is completed so that such charges are based on the actual costs thereof. The charge per Benefit Unit set forth in this section shall be increased by an amount equal to seven percent (7%) thereof on January 1, 1997, and on the first day of January each year thereafter, in order to offset interest charges on debt incurred to pay, and interest earnings foregone on a portion of those funds utilized or to be utilized by the City, in paying the cost of the Project.
(d) All moneys collected by the City as charges pursuant to the provisions of this section shall be collected at the same time and in the same manner as charges due under Section 1046.24 and shall be deposited into the Sewage System Capital Improvement Fund of the City.
(e) 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 sanitary sewers required to provide sanitary sewer 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 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 City Engineer, the City Engineer is hereby authorized to cause such lot or land to be disconnected from the Project and the violator shall be liable to the City for the cost of making such disconnection.
(Ord. 1994-64. Passed 5-2-94.)