Be It Enacted and Ordained by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapter 13.04.040 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

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13.04.040 - Water service and connection charges.

A. Each new service or connection applied for shall be charged a connection fee of four thousand dollars ($4,000.00) per residential unit, or pursuant to the town's "Water and Sewer Service Allocation Chart" for all other uses, payable at the time the building permit is applied for. In addition thereto, there is imposed a surcharge, which is payable at the same time as the connection charge of three thousand five hundred dollars ($3,500.00) for every residential unit connection and three thousand five hundred dollars ($3,500.00) per tap unit for uses other than residential pursuant to the "Water and Sewer Service Allocation Chart" the surcharge shall be for the purpose of funding necessary repairs, maintenance, replacement and improvements to the town water distribution and treatment system. The proceeds of all surcharge payments shall be segregated from other town funds and shall be used for no purpose other than funding the cost of repair maintenance, replacements and improvements and the costs associated therewith.  All water service shall be metered and such meter shall be purchased by the applicant, and installation shall be performed by the applicant at the applicant's expense, and will be maintained by the town. Installation must be inspected and approved by the town.

B. In the event such water connection is not completed within one year from the date of the obtainment of the permit, such permit to connect with the water system shall become null and void and purchase fee, in full, shall be refunded.

C. Any user contracting/agreeing to use two million (2,000,000) gallons or more per quarter for a period of ten years or more may request to negotiate their connection fees with the mayor and commissioners.

(Ord. 06-04 § 1: Ord. 04-07 (part): Ord. 02-09 (part): Ord. 01-15 (part): Ord. 01-02 (part): Ord. 00-06 (part): Ord. 99-06 (part): Ord. 98-03: Ord. 96-07: Ord. 88-2 § 1: prior code Art. XII § 3 (part)) (Ord. No. 08-09, 12-1-08)

Section II. Be it Further Resolved, Enacted and Ordained that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

for passage August 15, 2011