#02-09

PASSED 1/12/2009

COMMITTEE REVIEW:	FINANCE COMMITEE
INTRODUCED BY:	COUNCILMEMBER RISBECK
INTRODUCED ON:	JANUARY 26, 2009
DATE OF FIRST READING:	JANUARY 26, 2009
DATE OF SECOND READING:
DATE OF THIRD READING:
EMERGENCY CLAUSE:	YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:	YES/NO

AN ORDINANCE ESTABLISHING THE PUBLIC UTILITY WATER RATES AND REPEALING ORDINANCE 1592-97; AND DECLARING AN EMERGENCY.

WHEREAS the Municipality of Sebring owns and operates a Water Treatment Facility as a public utility for the benefit of its citizens; and

WHEREAS pursuant to Section 3.08(h) of the Municipal Charter, the Municipal Council is responsible for the establishment of the water rates for the Municipal utility.

WHEREAS Council deems it necessary to raise the water rates in order to generate revenue sufficient to meet debt service, operating and capital costs of the water system. 

NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO:

Section 1:        That the prices to be charged for water furnished by the Division of Water and Sewer, Department of Public Service, to all consumers situated within the corporate limits of the Municipality on all billings payable after April 1, 2009 for all water consumed during the first calendar quarter of 2009, and thereafter be and the same are hereby fixed and established as follows:

            Gallons                                   Current                      Payable April 1, 2009

            0 – 2,999.99                            $21.95                                     $23.05
            3,000 – 4,999.99*                   $2.93                                       $  3.08
            5,000 – Over*                          $2.65                                      $  2.78

            *The price of water is fixed on a per 1,000 gallon basis for all water used over 3,000 gallons per calendar quarter.

Section 2:        That Bulk sales shall be at a rate of $11.55 per 1,000 gallons

Section 3:        That nothing contained in this Ordinance shall be construed or interpreted to amend or repeal any other Ordinance or Resolution of this Council.  This Ordinance shall be applicable to the extra territorial users of the Municipal utilities and to the inhabitants of the Village of Beloit pursuant to the written contract dated June 22, 1981 and Ordinance No. 1516-92 and shall be in addition to the established surcharge rate.

Section 4:        That Ordinance No. 1592-97, passed January 13, 1997 is hereby repealed.

Section 5:        That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council, and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 5:        That this Ordinance is hereby determined to be an EMERGENCY MEASURE necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Municipality of Sebring, Ohio and for the further reason that the same is necessary to generate the necessary revenue sufficient to meet the debt service, operating and capital needs of the of the Municipal water system.

	_____________________________ JOHN W. SMITH Mayor/President of Council
ATTEST:	APPROVED AS TO LEGAL FORM:
_________________________ Malea G. Sanor Clerk of Council	_________________________ Andrew L. Zumbar Assistant Solicitor