[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-16-2014 by Ord. No. 14-07]
Base and usage charges shall be collected from the users of
the public water system which proportions the cost of operation, maintenance
and improvements to the public water system to the users of the public
water system as well as supports payments to debt service and maintains
reserve and contingency funds based on their water consumption, including
replacement costs. These rates shall be reviewed annually.
A.
Base and usage charges.
(1)
The base water service charge shall consist of a fixed amount, not associated with any flow allowance, deemed to be an availability charge assessed to all single-family residences, apartment units, businesses, institutions, and any other class of users not mentioned. It shall be determined by the City Council to be sufficient to reimburse the City for costs associated with water debt service and the maintenance of reserve and contingency funds or any other charges deemed fixed by the City Council. This rate shall be set forth in Chapter 180, Municipal Fees.
(2)
The City usage charge shall consist of an amount set by City Council sufficient to reimburse the City for costs associated with the cost of operating the water utility which includes personnel costs, insurance, general and administrative costs and costs specific to the utility such as chemicals, line repair, etc. This rate shall be set forth in Chapter 180, Municipal Fees. This fee shall be calculated based on water consumption by each user per 1,000 gallons per quarter.
B.
Meter rate schedule.
(1)
The base charge shall apply to all metered users with a flow rate
of up to 250 gallons per day or 91,250 gallons per year of the previous
calendar year. Metered users with flow rates exceeding 250 gallons
per day or 91,250 gallons per year shall be assessed an additional
base charge for each 250 gallons per day or 91,250 gallons per year.
If this data is unavailable for calculation, partial calendar year
data, historical data or engineering estimates may be used to calculate
the base charge until such time as calendar year data is available.
All multiplier calculations shall be rounded to the nearest even number.
If two or more residences, apartments, businesses, institutions, or
any other class of users not mentioned are connected through a single
meter, the base amount shall be computed as though each user was a
separate property or user with a separate connection. All units connected
to the system shall be billed for no less than one base charge.
(2)
Where there is no water meter for residential users, the City shall
bill the usage fee based on the average flow of metered residential
users on the system. Users with no water meters may be compelled by
the City to install such meters at their cost.
C.
Billing. Water meters shall be read by the City and bills submitted
quarterly to each user for usage during the previous quarter (three
months).
D.
Rates for out-of-City users. Nothing herein shall require the City
to charge the same water rates or other water system charges to users
located outside the corporate limits of the City as those charges
to users located within the corporate limits of the City.
E.
Service charge for out-of-City users. Water service charges to out-of-City
users shall be at a rate of 1.33 times the in-City user rate established
by the City unless special services agreements are executed between
the City of Harrington and the user.
F.
Mailings. Bills for water service charges shall be mailed to the
address of the property owner. Property owners may add a secondary
address for bills to be sent to with written notification. Failure
to receive a bill as a result of incorrect address or otherwise shall
not excuse nonpayment of a bill or extend the time for payment.
G.
Due date. Bills for water service charges shall be payable not less
than 30 days after the date of billing for the period.
H.
Penalty. There shall be assessed a late payment charge of 2% per
month on all unpaid amounts due and owing the City commencing at least
30 days after the bill is issued by the City.
I.
Water meter calibration fee. A water meter calibration fee as set forth in Chapter 180, Municipal Fees, shall be paid to the City of Harrington for the cost of those services associated with determining and/or verifying the calibration of water meters. The City of Harrington has meters tested and determines the accuracy of said meters based on the American Water Works Association (AWWA) standard of 2% tolerance. Meters testing between 98% and 102% are deemed to be accurate. Said fee shall not be assessed if, after verification of calibration, it is determined that the meter was incorrectly measuring flow in the City of Harrington. Billing for inaccurately billed water or sewer service shall be estimated from previous readings, and any adjustments made following the next meter reading.
[Adopted 10-18-1999 by Ord. No. 99-04]
[Added 6-16-2014 by Ord. No. 14-07[1]]
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The duly appointed or designated City Manager of the City
of Harrington, as well as such other person under his or her supervision
who is appointed to enforce the provisions of this chapter.
Actual or potential connections between a potable water supply
and a nonpotable source, where it is possible for a contaminant to
enter the drinking water supply.
The curb stop or service valve of the service connection
to the customer.
A term used to express the load produced on a water system
approximately equal to one dwelling place or 250 gallons per day (91,250
gallons per year).
A one-time fee imposed by the City upon the owner(s) of any
new, remodeled, restored or enlarged residential, commercial, institutional
or industrial structure or structures or any combination thereof which
results in an increased water demand on the existing public water
system.
Permissive (see also definition of "shall" below).
Any individual, firm, company, association, society, corporation,
or group.
A water system controlled by a governmental agency.
Mandatory (see definition of "may" above).
Any dwelling, commercial unit, industrial unit or any other
type of classification not listed here connected to the public water
system.
[Amended 6-16-2003 by Ord. No. 03-02; 12-15-2008 by Ord. No.
08-07]
A.
The water connection fee shall be assessed in an amount equal to the actual cost of installation in instances where the cost of said installation exceeds the established minimum service connection fee set forth in Chapter 180, Municipal Fees.
B.
All service connection fees for multifamily residential
units served through a common service pipe with master or gang-type
metering, such as an apartment, townhouse, condominium or other dwelling
unit, shall be assessed a separate fee per unit.
[Added 12-15-2008 by Ord. No. 08-07]
A.
Water meters shall be installed at the time of any
new construction tap-ins to water and sewer lines. Each single-family
residence, multifamily unit, business, industry or institution shall
be metered individually.
B.
Any new water and sewer users within the City limits
shall be responsible for the expense of taking water and sewer lines
inside the property line.
C.
Water meters must be of the make and model approved
for use by the City of Harrington; they may be purchased from the
City if desired.
D.
All meter installations and connections to City sewer
and water lines must be inspected and approved by the City of Harrington
before the meters and connections may be covered over.
E.
When a water meter is installed on private property
within the City of Harrington, it becomes the property of the City
of Harrington.
A.
Unauthorized connection to public system prohibited.
No person shall cause any building to be connected, or permit any
building to be connected, or allow any building to remain connected,
or connect any building to the public water supply system of the City
of Harrington while any portion of the water supply system of said
building is connected to any other source of water, including a private
well; provided, however, that nothing herein shall prevent a property
owner from maintaining an existing private well on the premises for
the sole purpose of providing water for exterior irrigation purposes,
as long as there is no cross-connection between the public water supply
system of the City of Harrington and said preexisting well.
B.
Cross-connection between public system and other sources
prohibited. There shall be no cross-connection between the public
water supply system of the City of Harrington and any other source
of water.
C.
Disconnection from public system to connect to private
system prohibited. No person whose building or property is connected
to the public water supply system of the City of Harrington shall
voluntarily cause or permit said building or property to be disconnected
from the public water supply system of the City of Harrington and
connected to a private well.
D.
Only authorized persons to reconnect water service. No person other than those persons under the direction of the City Council of the City of Harrington shall reconnect water service following disconnection pursuant to § 425-6 herein. Any person violating this section shall be guilty of a violation and, upon conviction in a court of competent jurisdiction, shall be fined not less than $50 nor more than $250 and shall pay the costs of prosecution for each offense.
[Amended 6-19-2000 by Ord. No. 00-04]
E.
Mandatory connection to public system. All owners of improved property in the City of Harrington abutting upon but not presently connected with the existing water system are hereby required to connect their premises to the water system within 90 days from the effective date of this chapter. All owners of improved property which shall abut upon future water improvements when constructed shall thereupon connect therewith. All owners of unimproved property which shall be improved in the future shall connect immediately prior to the issuing of a certificate of occupancy with any such water then or subsequently abutting thereon. For complete disconnection from system of demolished properties, see § 399-7.
[Amended 6-16-2014 by Ord. No. 14-07]
F.
Users located outside of City limits. Any user of the municipal water
system of the City of Harrington who requests the furnishing of water
from the City system to a place or property outside the corporate
limits of the City of Harrington, and who is provided the same by
the City of Harrington, shall be subject to any and all ordinances,
rules, and regulations applicable to the City's water system
and use thereof, whether currently enacted or to be enacted in the
future. Acceptance of water service by an out-of-town user shall constitute
an agreement by said user to comply with and be subject to any such
ordinances, rules, and regulations.
[Added 6-16-2014 by Ord. No. 14-07[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection F as Subsection G.
G.
Distribution system requirements:
(1)
Hydrant spacing, location and flows shall meet the
Delaware State Fire Prevention Regulations, latest edition.
(2)
Water distribution mains supplying hydrants shall
be a minimum of six inches.
(3)
All water distribution system mains must be looped
in such a way that one valve will not shut off the water supply.
A.
Application for service connection:
(1)
Any property owner desiring the introduction of a
service line or lines from the City's main into his or her premises
must first make a written application, on the form furnished by the
City, at least two weeks before service is required, stating the street
and lot number or location, the name of the owner and tenant, the
purpose for which service will be used, the guaranty that such service
will continue for at least one year and the exact time when the trench
from curb to property will be ready for making the connection.
(2)
The application must be signed by the owner of the
premises or his/her duly authorized agent, which application shall,
together with the rules and regulations, regulate and control the
service of water to such premises.
B.
Application for water service:
(1)
The prospective customer or the duly authorized agent
thereof will make a signed application for water service upon the
City's form provided therefor, and, if approved by the City, water
will be supplied in conformity with the class, scope and type of service
appropriate to the customer's premises, as set forth in the application,
and only at the rate schedule applicable thereto. The customer's application
for service, duly approved by the City, together with these rules
and regulations, constitutes the contract between the customer and
the City; nevertheless, the acceptance and use of water service at
any premises by an occupant, without formal application therefor,
obligates the occupant as the contractual party, and he/she is bound
thereby as the customer.
(2)
A new application must be made to the City and approved
thereby upon any changes in the identity of the customer and any premises
or in the service as described in the appurtenant.
(3)
Service will be renewed under a proper application
when the conditions under which such service was disconnected are
corrected and upon payment of all charges provided in the schedule
of water rates and charges or in the rules and regulations.
(4)
When application is made for temporary use of water,
requiring a temporary connection, the cost of installation and removal
of such temporary facilities shall be borne by the applicant, and
the applicant shall pay the temporary use fee provided for herein
for each period of 90 days.
C.
Deposits.
(1)
The City reserves the right at any time to require
a deposit from any regular service customer in an amount equal to
the estimated charges for any single billing period, not exceeding
three months, plus one month, as security for payment of service bills
as accrued whenever the credit of the customer has not been established
or thereafter properly maintained as evidenced by service discontinuance.
(2)
Deposits may be returned to the depositor when he/she
has established his/her credit to the satisfaction of the City.
(3)
The deposit will bear no interest.
(4)
Any customer having a deposit shall pay bills for
water service as rendered, in accordance with the rules and regulations,
and the deposit shall be considered as payment on account of a bill
during the time the customer is receiving water service.
A.
Water will be turned off any premises upon a written
order of the customer without in any way affecting the existing contract.
B.
Service under normal contractual application or special
contract, including private fire protection service, may be discontinued
after due notice for any of the following reasons as may be applicable:
(1)
For misrepresentation in an application as to property,
interest or service.
(2)
For the use of water for any other property or purpose
than that described in the application.
(3)
For tampering with any service pipe, meter, curb stop
or seal or any other appliance of the City.
(4)
For willful or careless waste of water by reason of
improper, impaired or deteriorated piping, fixtures or otherwise.
(5)
For nonpayment for any water system charges or fees
when due.
(6)
In case of unreported vacancy of premises.
(7)
For violation of any rule of the City.
(8)
Refusal of access to the premises to inspect, read,
maintain or remove meters.
(9)
Refusal to conserve water during periods of advertised
restricted supply.
(10)
Failure to pay water bills or charges incurred
at another premises.
(11)
Existence of any cross-connection at a premises.
C.
As necessity may arise in case of break or rupture
of any main, any emergency or other unavoidable cause, the City shall
have the right to temporarily suspend the water supply in order to
make necessary repairs, connections or installations; however, the
City will use all practicable and reasonable measures to afford, whenever
possible, advance notice of such interruption of service. However,
the City will not be liable for any damage or inconvenience suffered
by customers or occupants of the premises supplied; the City will
not in any case be liable for any claim against it at any time for
interruption in service, inadequate supply or pressure or quality
of water for any cause reasonably beyond its control.
D.
A fee as set forth in Chapter 180, Municipal Fees, payable in advance, shall be made for turning on water in restoration of service after discontinuance for reasons other than those contained in Subsection C. Should such a service call be required after normal duty hours on weekends or holidays, a fee as set forth in Chapter 180, Municipal Fees, will be payable in advance.
[Amended 12-15-2008 by Ord. No. 08-07]
A.
All service lines from the curb to the premises shall
be installed at the expense of the customer and remain an appurtenance
of the premises to be supplied and accordingly maintained in proper
condition. The service line shall comply with the City's specifications
for material and location or otherwise have the City's approval. The
service line shall be laid at a minimum depth of 30 inches throughout
its length and shall terminate in a brass stop of an approved pattern
within the premises, at a point easily accessible to the occupant
at all times, for protection against leaks and freezing in piping
of the premises and to facilitate repairs thereto.
B.
All leaks in the customer's service lines shall be
promptly repaired by the customer. Upon failure to make repairs with
reasonable dispatch after due notice, the City may discontinue water
service, which will not be restored until all proper and necessary
expenses incurred by the City in the discontinuance and restoration
of water service to the premises involved shall have been paid to
the City by the offending customer.
C.
Under no circumstances will the City be responsible
for maintenance of the service lines or any piping or fixture on the
premises supplied, other than the City's own specific property, or
for damage caused by water escaping therefrom, and the customer shall
invariably comply with state and municipal regulations with reference
thereto and shall make any changes therein necessitated by reason
of change of grade in a street or sidewalk, relocation of the distribution
main or otherwise.
D.
Where more than one occupant of a premises is supplied
through one common service line, any violation of the rules and regulations
by any one occupant shall be deemed a violation by all, and the City
may take necessary action accordingly, as provided by the rules and
regulations, except that water service to the premises shall not be
discontinued to the customer until the customer shall be given a reasonable
opportunity to install a separate service line for each occupant.
A.
Opening and closing valves. The operation of a service stop or valve
is absolutely prohibited to anyone other than an employee of the City
in the regular line of duty.
[Amended 6-16-2014 by Ord. No. 14-07]
B.
Restriction of water use.
(1)
The City shall have the right to reserve a sufficient
supply of water at all times in the water towers and reservoirs to
provide for fire protection and other emergencies or to restrict or
regulate the quantity of water used at the customer's premises in
cases of scarcity or whenever the public welfare may require such
action.
(2)
The City reserves the right to suspend the use of
fountains and hoses for sprinkling streets and yards, washing cars,
etc., whenever, in the opinion of the City, public exigency requires
it. The City shall not be liable for failure to supply water at any
time, provided that such failure shall not be due to negligence upon
its part.
(3)
The City Manager shall act on behalf of the City to
declare a water emergency and to impose water use restrictions. He/She
shall notify the City Council of any such action within 24 hours after
taking such action.
A.
Purpose. The purpose of this section is to establish
appropriate provisions for the equitable distribution of the debt
service associated with the water system improvements of the City
and to be sure that the cost of such debt service is proportionally
borne by those who receive the benefits of the water system improvements
constructed with the associated bond revenues.
B.
ANNUAL PRODUCTION DAYS
EQUIVALENT DWELLING UNIT (EDU)
IMPACT FEE
WATER FLOW
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The number of days per year a structure is open for business
as documented by verifiable records.
A term used to express the load produced on a water system
approximately equal to one dwelling place or 250 gallons per day.
[Amended 6-16-2014 by Ord. No. 14-07]
A one-time fee imposed by the City upon the owner(s) of any
new, remodeled, restored, or enlarged residential, commercial, institutional
or industrial structure or structures or any combination thereof which
results in an increased water flow from the existing water distribution
system.
Shall be determined by water consumption in accordance with
water meter readings.
C.
Fees. All developers or owners of newly constructed
structures or enlarged/improved existing structures requiring water
service shall pay prior to the issuance of a zoning compliance certificate
a fee per EDU to the City. The City Council shall set the amount of
the fee on an annual basis during the budget process. Neither the
City Manager and/or his/her designee nor any other City representative
shall issue a certificate of occupancy until such fee is paid. The
City reserves the right to withhold water service until such time
as the fee is paid in full.
[Amended 6-16-2003 by Ord. No. 03-02; 6-21-2004 by Ord. No.
04-06; 12-15-2008 by Ord. No. 08-07; 6-16-2014 by Ord. No. 14-07]
D.
Establishment of equivalent dwelling units (EDUs). The rate per equivalent dwelling unit (EDU) shall be established in Chapter 180, Fees, Municipal.
[Amended 8-6-2012 by Ord. No. 12-20; 2-19-2013 by Ord. No. 13-02]
(1)
Determination for residential dwellings. Whenever by ordinance or
by contract the City imposes or assesses water charges or fees on
the basis of EDUs, an EDU shall be determined in the same manner as
wastewater collection charges or fees and as defined in the most recent
impact fee ordinance adopted by the Kent County Levy Court. An EDU
for a residential dwelling shall be determined as follows:
(a)
Houses, dwellings, mobile homes and apartments with one kitchen
and one or more baths and bedrooms separate from the kitchen: 1.0
EDU.
(b)
Efficiency unit or cottage having a living space in one room
and having one bath: 1.0 EDU.
(c)
Dwelling with one kitchen and one or more baths and bedrooms
separate from the kitchen and attached to other dwellings or structures:
1.0 EDU.
(2)
Determination for nonresidential establishments. Whenever the City
imposes or assesses water charges or fees on the basis of EDUs, the
number of EDUs to be charged shall be determined in the same manner
as wastewater collection charges or fees and using the appropriate
specific assessment as defined in the most recent impact fee ordinance
adopted by the Kent County Levy Court. When users propose water usage
under circumstances other than the specific assessments defined by
the county, the City's impact fee shall be calculated by the
City Engineer based on flow in gallons per day (GPD). In such cases
where the impact fee is calculated by flow, each EDU shall be equal
to 250 GPD.
(3)
Minimum assignment. A minimum of one EDU will be assigned to each
establishment connecting to the system. For the purposes of calculating
the impact fees, fractional EDUs shall be rounded up to the nearest
tenth.
(4)
No assignment. If an establishment does not have any physical facilities
which result in a water demand on the City's water system, then
the number of EDUs assigned to it shall be zero.
(5)
Maximum assignment. The City shall in no case charge an impact fee
based on more than 100 EDUs per certificate of occupancy.
(6)
EDU credit. Any connection to the City's water system will be
credited with any EDUs existing on the property. As an example, if
a house with an EDU is demolished and a structure with 50 EDUs is
put in its place, the owner shall pay a water impact fee based on
49 EDUs. No EDUs shall be transferred from one property to another
property, whether or not such properties are owned by the same person.
(7)
Deferred charge. All applicants for service, which have been served
by private water sources, shall be subject to a deferred impact fee
charge. Payment of the deferred impact fee charge shall not be required
until such time as connection is made directly to the City's
water system. The amount of the charge shall be based on the prevailing
impact fee at the time of connection. This fee shall be in addition
to any assessment, tapping fee, or other costs associated with providing
service.
