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CITY OF NORTH OLMSTED ORDINANCE N0.2011-74 BY: Mayor Kennedy AN ORDINANCE AMENDING SECTION 915.04 OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED TO ESTABLISH REVISED CHARGES FOR THE USE OF THE MUNICIPAL SANITARY SEWER SYSTEM; REPEALING EXISTING SECTION 915.04 OF THE CODIFIED ORDINANCES; AND DECLARING AN EMERGENCY WHEREAS, the City of North Olmsted owns and operates a sanitary sewer system (the System) providing wastewater collection and treatment services to residential, commercial and industrial users in the City and certain users outside of the City; and WHEREAS, this Council is authorized and required to establish and maintain rates and charges for the users of the System in order to fairly and equitably allocate the costs of, and to provide funds to this City for the purpose of, operating, maintaining and repairing that System, as well as paying costs of capital improvements and replacements (including debt service costs) associated therewith, and may change those rates and charges as it deems advisable; and WHEREAS, at the request of this Council and the City administration, Hazen and Sawyer, P.C., consulting engineer to the City, has prepared a rate study with respect to the current and anticipated future operating, maintenance, capital and other costs of the System; and WHEREAS, this Council finds and determines that it is appropriate to establish revised rates for the use of the System based on the recommendations set forth in that rate study, which, in its judgment, are reasonable and proper having due regard to all relevant facts and circumstances; subject, however, to the power of this Council, from time to time, to revise those rates and other applicable charges and surcharges, as may be necessary and appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO, THAT: SECTION 1: Section 915.04 of the Codified Ordinances of the City, which currently reads as follows: "915.04 USER CHARGES. (a) All premises within the corporation limits of the City shall pay a sewer user charge based upon the quantity of water used on the premises as shown by the records of the Division of Water of the City of Cleveland, unless specified otherwise in this chapter. 'Those user charges shall be broken down as follows: (1) A portion will be established to cover the costs incurred for the operation, maintenance and replacement of the system.