Exciting enhancements are coming soon to eCode360! Learn more 🡪
Chesterfield Charter Township, MI
Macomb County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (7) Index
[Ord. No. 68, § 2, eff. 8-10-1979]
This article is adopted pursuant to and in accordance with the provisions of Act No. 94 of the Public Acts of Michigan of 1933 (MCL 141.101 et seq., MSA 5.2731 et seq.), as amended.
[Ord. No. 68, § 3, eff. 8-10-1979]
The legislative findings and purpose of this article as determined by the board are as follows:
(1) 
The township has acquired and constructed in various areas of the municipality sanitary sewers and appurtenances to provide for the collection, transportation and disposal of sewage, and water mains to provide for the transportation and distribution of public water.
(2) 
By contracts entered into pursuant to Act No. 342 of the Public Acts of Michigan of 1939 (MCL 46.171 et seq., MSA 5.2767(1) et seq.), as amended, between the township and the county, through its public works commissioner, sanitary sewers and appurtenances have been constructed in the township as part of the county wastewater disposal districts, which sanitary sewers and facilities are operated and maintained by the township for and in behalf of the county pursuant to the provisions of such contracts.
(3) 
Pursuant to authorization contained in such sewer contracts and Act No. 342 of the Public Acts of Michigan of 1939, as amended, the county has issued bonds to construct such sanitary sewers and appurtenances.
(4) 
Pursuant to the terms of such sewer contracts, the full faith and credit of the township has been pledged for the payments specified in the contracts in an amount equal to the principal and interest of such county bonds when they become due, and pursuant to such pledge, the township, in accordance with the provisions of applicable law and provisions of the Michigan Constitution, is obligated, to the extent necessary, to levy ad valorem taxes upon all taxable property in the township without limitation as to rate or amount to provide funds for such payments.
(5) 
Under the provisions of Act No. 342 of the Public Acts of Michigan of 1939 as amended, the township has several optional means of raising funds to meet the payments required by such sewer contracts, and, to the extent that such funds are raised, its required annual tax levy for such purpose may be reduced or obviated entirely. Such means include the levy and collection of rates or charges to users of the service or services furnished by the improvements, and the use of any other funds which may be validly used for such purpose.
(6) 
Act No. 94 of the Public Acts of Michigan of 1933 (MCL 141.101 et seq., MSA 5.2731 et seq.), as amended, authorizes public corporations to purchase, acquire, contract, improve, extend, repair and maintain sewage disposal systems and water supply systems, and to provide for the imposition and collection of charges, fees, rentals or rates for the services, facilities and commodities furnished by such improvements, and to issue bonds in anticipation of such revenues.
(7) 
In the judgment of the board, it is in the best interest of the municipality that wastewater and water supply systems be owned and/or operated by the township, and pursuant to Act No. 94 of the Public Acts of Michigan of 1933 as amended, that the users of such systems pay uniform and reasonable rates for the services provided.
[Ord. No. 68, § 4, eff. 8-10-1979; Ord. No. 68-2, eff. 2-10-1982]
(a) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (a), which provided rules of construction, was repealed 11-24-2020 by Ord. No. 186.
(b) 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
BOARD
The Board of Trustees, Township of Chesterfield, Macomb County, Michigan.
BUILDING
Any structure, including a mobile home, which requires a supply of potable water and/or a means of disposal of wastewater.
CAPITAL EXPENDITURES
Expenditures, including principal and interest on bonds, that are made for additions to or improvements of the systems.
CONTRACTUAL OBLIGATIONS
The payments required to be made by the township to the county pursuant to the provisions of existing sewer and water contracts between such parties for the financing of improvements to the systems under the provisions of Act No. 342 of the Public Acts of Michigan of 1939, as amended.
DEPARTMENT
The township sewer and water department charged with operating and maintaining the water supply and wastewater systems.
DWELLING UNIT
A building, or a unit of a building, including an apartment, house trailer, or mobile home, occupied by one or more persons as a residence, with a single set of culinary facilities intended for a single family.
INDUSTRIAL SEWAGE OR INDUSTRIAL WASTE
Any liquid containing waterborne process wastes from industrial sources.
MAIN or WATER MAIN
Any water supply conveyance pipe.
MUNICIPALITY
The Township of Chesterfield, County of Macomb, State of Michigan.
OPERATING AND MAINTENANCE COSTS
All direct and/or indirect costs, other than debt service, necessary to ensure adequate wastewater collection and treatment and to ensure an adequate and continuing water supply in conformance with related federal, state and local requirements. Such costs include replacement costs, depreciation and payments made to other agencies for water supply and wastewater disposal.
PERSON
Any individual, firm, company, association, society, corporation or other legal entity.
PREMISES
A parcel of real estate owned by a person served as a single user by a water supply outlet and/or a wastewater disposal outlet. Each mobile home park is considered separately as a premises.
PUBLIC WATER MAIN
A water line under the control of the municipality or other public agency and located in public easements or public rights-of-way.
RECURRING RATES AND CHARGES
Sewer and water use rates and any other rates and charges established in this article, or established by resolution of the board, which are payable in installments or on a recurring basis.
REPLACEMENT COSTS
Expenditures for obtaining and installing replacement equipment, accessories or appurtenances necessary to maintain the capacity and performance of the existing systems.
SANITARY SEWAGE
Usual domestic sewage or equivalent sewage, not including industrial sewage as defined in this section, from all sources.
SANITARY SEWER or SEWER
A pipe or conduit that carries sanitary sewage.
STOP VALVE or CURB STOP
The shut-off valve placed on a building service water supply pipe located at or near a water supply outlet.
SUPERINTENDENT
The person appointed by the board to manage the sewer and water department.
SYSTEMS
The wastewater system and the water supply system.
USER
The owner or occupant of any premises connected to and/or using any of the facilities operated by the sewer and water department.
WASTEWATER or SEWAGE
Spent water which may be a combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions or other land uses, including drainagewater inadvertently present in such waste.
WASTEWATER SYSTEM or SEWER SYSTEM
Any part or all of the property, structures, equipment, sewers, materials and/or appurtenances used in conjunction with the collection and disposal of wastewater.
WATER SERVICE
Any water supply conveyance pipe located outside of a building connecting a premises with a public water main.
WATER SUPPLY OUTLET
The point of connection with the public water main.
WATER SUPPLY SYSTEM
Any part or all of the property, structures, equipment, mains, pipes, materials, meters and/or appurtenances used in conjunction with the supply of potable water to water supply service customers.