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CITY OF NORTH QLMSTED ORDINANCE NO. 2002-76 BY: Mayor Musial and All Members of Council AN ORDINANCE AMENDING SECTION 915.04 (USER CHARGES) OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE, IN ORDER TO ELIMINATE THE 1. 0 MCF PER QUARTER MINIM(JM SEWER IISE CHARGE FOR THE OM&R COMPONENT OF THE SEWER RATE FOR NORTH OLMSTED IISERS; AND DECLARING AN EMERGENCY, AS TWTCE AMENDED. WHEREAS, The City owns and operates a sanitary sewer system (the "System") which includes a collection system, lift stations, a wastewater treatment plant and appurtenances; and WHEREAS, the 2002 Sewer Revenue Fund budget for the Operation, Maintenance and Replacement (OM&R) component and the Debt Service component of the total North Olmsted sewer use charge and the 2001 water consumption result in a different proportion for the OM&R component and the Debt Service component than the $28.02 per thousand cubic feet (mc fl and $8.24 per mcf, respectively, presently contained in paragrapn (b) of Section 915.04 of the Codified Ordinances of the City of North Olmsted, Ohio for the period of February 1, 1996 and thereafter; and WHEREAS, on May 13, 2002, and pursuant to the City's May 8, 2002 Motion To Terminate, the U. S. District Court entered and journalized an order terminating the July 12, 1995 Consent Decree entered into by and between the U. S. Environmental Protection Agency (USEPA), the Ohio Environmental Protection Agency (OEPA) and the City of North Olmsted (City); and WHEREAS, over a period of time, the current sewer use rate and the current sewer rate structure cornained in Chapter 915.04 has been reviewed, as weli as alternatives to the cunent sewer rate structure; and WHEREA5, it has been recommended that the current sewer rate structure as set forth in Section 915.04 be modified so as to eliminate the 1.0 rncf per quarter minimum sewer use charge for the OM&R component; and WHEREAS, the actual amount of water consumed per quarter is the amount of potable water passing through a City of Cleveland Department of Water meter or the primary City of Cleveland Department of Water meter for those users of the System having one City of Cleveland Department of Water submeter or more submeters; and