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Amending Ordinance 2010-01 and Regarding Water Service

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Interested persons will take note that the Village Council of Yellow Springs on Monday, June 18, 2012, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7:10 p.m. Monday, July 2, 2012, in the Bryan Community Center, 100 Dayton Street.

Amending Ordinance 2010-01 and Enacting New Provisions Regarding Water Service

WHEREAS, The Village Council adopted ordinance 2010-01 establishing new water service charges; and

WHEREAS, the surcharge was increased to fifty percent on all water users outside the Village limits in that Ordinance; and

WHEREAS,
the increase in the surcharge amount was not implemented by Village staff:

THEREFORE, the Council of the Village of Yellow Springs, Ohio hereby ordains that:

Section 1. The increase in the surcharge for water users located outside the Village enacted in Ordinance 2010-01 Section 2 at 1046.02(c) is hereby repealed retroactive to the effective date of Ordinance 2010-01.

Section 2.
The following sub section (c) is hereby added to Section 1046.02 – Service Charges – Water of the Codified Ordinances of the Village of Yellow Springs (eff. May 1, 2012):
“(c) – Each customer connected to the Municipal water system outside the Village shall pay, in addition to the regular monthly charges, a surcharge equal to fifty percent (50%) of the regular monthly charge. The surcharge shall be uniform, both as to the amount and application, to all customers connected to the Municipal water system outside the Village. However, if customers have pre-existing contractual arrangements with the Village, the Village will continue to honor that contract as required by law.”

Section 3. A new section 1046.03 is hereby adopted to read as follows:
“No water connections shall be made to properties outside the Village corporation limits.”

Section 4. This Ordinance is adopted pursuant to the Home Rule powers of the Village pursuant to Article XVIII Section 7 of the Ohio Constitution. All actions relating to this Ordinance were adopted at a duly called public meeting in conformance with the Ohio Open meetings Law.

Section 5. This Ordinance shall become effective at the earliest date allowed by law.

Judith Hempfling, President

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