(A) (1) The town shall be subject to the same rates and fees, or to similar fees, established in harmony with applicable law.
(2) All customers of the town's water utility under this Chapter 52 are subject to the limitations and such other requirements of applicable ordinances, rules, and/or regulations as Warren has in place at any time and from time to time.
(B) Water main extension fees. The following water main extension fees are in addition to the tap charges provided/required by § 52.53.
(1) Initial water main extension fees assessed before July 1, 1998. On or before July 1, 1998, each entity filing its written undertaking, containing terms and provisions approved by Warren, to be a charter customer of Warren's 1997 State Road #5 North Water Utility Capital Improvement Project ("Project") shall, upon acceptance of that entity as a charter customer by Warren, be assessed and thereafter pay in accordance with this Chapter 52, a one time Project water main extension fee for access to Project's potable water distribution system, at the rate of $130.16 for each 1,000 gallons or part thereof of "Authorized Average Monthly Utilization" (actual or protected by Warren) for that entity per monthly billing period of the water utility, all to be measured by metered water use as particularized elsewhere in this Code, with a minimum water main extension fee of $651.00.
(2) Initial water main extension fees assessed after July 1, 1998. Those charter customers will be making a timely, significant, and valuable contribution to the area's economic health. They ought not be disadvantaged in circumstances of later connections to the Project's potable water distribution system. Therefore, it is the expressed intention, but not the contractual commitment, of the town that appropriate access fees will be charged to those entities subsequently tapping into the Project's potable water distribution system, with the appropriateness of those fees being determined by comparison to water main extension fees paid under (B)(1) above. Any surplus net revenue so generated shall inure to the benefit of the town and all customers then attached to that system. Therefore, one time Project water main extension fees assessed to customers for access to that distribution system at any time after July 1, 1998, and prior to May 1, 2013, shall be at the rate of 110% of that $130.16 for each 1,000 gallons of Authorized Average Monthly Utilization determined as set out in (B)(1) above plus a deferral surcharge determined at the rate of 8% per year on that 110% figure (without compounding) from July 1, 1998, to the date of payment of the water main extension fee determined under this provision (B)(2), with a minimum water main extension fee of $716.10.
(3) Supplemental water main extension fees. If, before May 1, 2013, the actual metered average monthly utilization of any tap to the Project line under (B)(1) or (B)(2) above:
(a) Exceed that tap's Authorized Average Monthly Usage for the actual days in any water utility billing period of any 12 consecutive monthly water utility billing periods by more than 10%, and
(b) Within 30 days of that tap's customer being notified of that circumstance in writing, that excess is not demonstrated to the reasonable satisfaction of the Town Council to be extraordinary and not likely to reoccur, and then that tap shall be assessed and within 30 days shall pay a supplemental water main extension fee as if the average of that excess Authorized Average Monthly Usage for those twelve consecutive monthly water utility billing periods was a new tap under (B)(2) above (except that the minimum supplemental water main extension fee shall be $146.18, and the said tap shall thereafter have an aggregate Authorized Average Monthly Usage equal to that so purchased by the aggregate water main extension fees paid under these provisions of this Code.
To the extent, if any, that the Project's remaining available potable water distribution capacity does not permit all or a portion of that additional Authorized Average Monthly Usage, the town shall take such action as it determines to be appropriate to limit that customer's flow to that amount which has been purchased and is within the available capacity.
(4) Payment of water main extension fees . All initial Project water main extension fees assessed under (B)(1) or (B)(2) of this section shall be paid prior to the installation (connection) of the tap.
(5) Non-payment of supplemental water main extension fees . The failure to timely pay any supplemental water main extension fee so assessed shall be a delinquency in the payment of rates and charges with appropriate penalties and the consequences may include, but will not necessarily be limited to, disconnection of the tap until such time as the tap customer's account, together with all penalties and charges related to that account, are fully current.
(C) Fire protection charges. The per annum charge for each hydrant and each sprinkler system served by that portion of the water utility which is a part of, or an extension of, the Project shall be 1.52 times the per annum charge as it then exists for a comparable hydrant or sprinkler system of this water utility under § 52.53 of this Code or its successor section.
(Ord. 1998-4, passed 6-24-98; Am. Ord. 1998-19, passed 11-9-98; Am. Ord. 2003-2, passed 8-25-03)