City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 530, passed 5-13-1996; Ord. No. 597, passed 7-26-1999; Ord. No. 636, passed 5-29-2001; Ord. No. 649, passed 5-13-2002; Ord. No. 686, passed 6-28-2004; Ord. No. 709, passed 2-12-2007; Ord. No. 737, passed 9-14-2009]
As used in this chapter:
(a) 
BUILDING SEWER or LATERAL SEWER — Means a sewer line from a building to the wye connection on the main sewer line.
(b) 
MODEM — Means a high-speed Internet access service device provided to customers.
[Amended 11-12-2018 by Ord. No. 816]
(c) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (c) was repealed 11-12-2018 by Ord. No. 816.
(d) 
CLEANOUT — Means a vertical wye connection on the building lateral for cleaning purposes.
(e) 
SET TOP BOX — Means an electronic device which converts incoming signals for use at the customer's television receiver.
[Amended 11-12-2018 by Ord. No. 816]
(f) 
CROSS CONNECTION — Means a connection or arrangement of piping or appurtenances through which a backflow could occur.
(g) 
CUSTOMER — Means any person, company or institution which is supplied with a service by a utility.
(h) 
CUSTOMER'S WATER SERVICE — Means the water supply piping from the Municipal-provided curb stop to the plumbing of a building.
(i) 
D.U. INTERNET — Means dial-up internet services provided to customers.
(j) 
HERTZ (Hz) — Means a unit of frequency in cycles per second.
(k) 
KILOVAR-HOUR (kVARh) — Means a unit of reactive energy equal to one kilovar used for one hour.
(l) 
KILOVOLT-AMPERE (kVA) — Means a unit of apparent electric power in thousand volt-amperes.
(m) 
KILOWATT (kW) — Means a unit of electric power in thousand watts.
(n) 
KILOWATT-HOUR (kWh) — Means a unit of electric energy equal to one kilowatt used for one hour.
(o) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (o) was repealed 6-28-2004 by Ord. No. 686.
(p) 
LUMEN — Means unit of light intensity equal to the illumination of one foot-candle over an area of one square foot.
(q) 
MAIN SEWER — Means the Municipal sewer system, including manholes, wye connections and vertical risers.
(r) 
METER — Means a device for measuring and registering a quantity over a period of time.
(s) 
MONTH — Means one-twelfth of a year, as near 30 days as practicable.
(t) 
MUNICIPAL WATER SERVICE — Means the water supply piping and connections, including the curb stop, normally located at the owner's property line.
(u) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection (u) was repealed 11-12-2018 by Ord. No. 816.
(v) 
POTABLE WATER — Means a water supply that does not contain contaminants or infectious material and is considered satisfactory for drinking.
(w) 
POWER FACTOR — Means a ratio of kilowatts to kilovolt-amperes.
(x) 
POWER QUALITY — Means the ability of electrical equipment to operate in a satisfactory manner, given proper care and maintenance. The load should be designed for compatibility with the electrical system.
(y) 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection (y) was repealed 11-12-2018 by Ord. No. 816.
(z) 
PREMISES — Means a parcel of land and the buildings upon it.
(aa) 
(Reserved)[5]
[5]
Editor’s Note: Former Subsection (aa) was repealed 11-12-2018 by Ord. No. 816.
(bb) 
PRIMARY VOLTAGE — Means a nominal electric distribution voltage, typically 4,800 volts or higher.
(cc) 
(Reserved)[6]
[6]
Editor’s Note: Former Subsection (cc) was repealed 11-12-2018 by Ord. No. 816.
(dd) 
REDUCED PRESSURE BACKFLOW PREVENTER — Means a device used to eliminate the potential for backflow or back siphonage of nonpotable water into the Municipal water supply.
(ee) 
SECONDARY VOLTAGE — Means nominal electric service voltage, typically lower than 600 volts.
(ff) 
SENIOR CITIZEN — A person who is 65 years of age or older.
[Amended 11-12-2018 by Ord. No. 816]
(gg) 
UTILITY — Means a company which furnishes electric, water, wastewater or other public services.
(hh) 
VERTICAL RISER — Means a Municipal cleanout on the main sewer.
(ii) 
WYE — Means a connection on the main sewer line between the building sewer and the Municipal sewer.[7]
[7]
Editor’s Note: Former Subsections (jj) and (kk), which immediately followed, were repealed 11-12-2018 by Ord. No. 816.
[Ord. No. 511, passed 7-24-1995; Ord. No. 530, passed 5-13-1996; Ord. No. 552, passed 8-11-1997; Ord. No. 576, passed 7-13-1998; Ord. No. 597, passed 7-26-1999; Ord. No. 609; passed 4-24-2000; Ord. No. 626, passed 1-22-2001; Ord. No. 636, passed 5-29-2001; Ord. No. 649, passed 5-13-2002; Ord. No. 664, passed 2-24-2003; Ord. No. 673, passed 7-28-2003; Ord. No. 674, passed 8-25-2003; Ord. No. 686, passed 6-28-2004; Ord. No. 698, passed 10-24-2005; Ord. No. 704, passed 5-22-2006; Ord. No. 709, passed 2-12-2007; Ord. No. 737, passed 9-14-2009; Ord. No. 744, passed 5-10-2010; Ord. No. 753, passed 6-27-2011; Ord. No. 768, passed 2-11-2013]
(a) 
Interpretation and enforcement.
(1) 
The Director of the Coldwater Board of Public Utilities (CBPU) shall be responsible for the interpretation and enforcement of this chapter through the municipal ordinance procedure.
(2) 
The CBPU Board of Directors may adopt policies to market, lease or finance certain materials or activities which in its opinion is in the best interest of the utility and/or its customers, or is necessary to maintain its competitive position in the marketplace.
(b) 
Copies; application of rates.
(1) 
Copies of the rules, regulations and rates set forth in this chapter are available at the CBPU's offices at One Grand St., Coldwater, Michigan, and are open to public inspection. A copy can also be downloaded from the CBPU's website at www.cbpu.com.
(2) 
All rates are based upon the furnishing of each class of customer service at a single point (with the exception of communications services), from which point the total requirements of each separate premises of the customer will be supplied, unless otherwise agreed upon by the CBPU and other authorities.
(3) 
In no case may service be shared with another or transmitted off the premises to which it is delivered, except for communications, which may connect several premises for an individual customer. Service taken at different premises shall be separately measured and billed.
(c) 
Choice of rates; refunds.
[Amended 10-12-2015 by Ord. No. 789]
(1) 
In some cases, the customer is eligible to take service under any one of two or more rates. Upon request, the CBPU will advise the customer in the selection of the rate which will produce the lowest cost of service based upon the information at hand, but the responsibility for the selection of the rate lies with the customer. The CBPU shall not be held liable for the choice of rates.
(2) 
It is the responsibility of the customer to promptly notify the CBPU of any change in his or her use of service which will affect the basic rate applicable to such use.
(3) 
No refund will be made of the difference in charges under different rates applicable to the same class of service.
(d) 
Resale of services.
(1) 
No customer shall resell his or her service to others.
(2) 
The renting of a premises, with the cost of service included in the rental as an incident of tenancy, will not be considered a resale of such services as defined herein.
(e) 
CBPU liability; customer responsibilities.
(1) 
Municipal utility services are subject to shutdowns, variations and interruptions necessitated by improvements, repairs and/or operation of the system. Whenever possible, notice of intent to temporarily discontinue service will be given to the customer. The CBPU shall not be liable for loss or damage because of temporary interruption in service or because of inadequate or excessive quantity or quality.
(2) 
The CBPU agrees to use reasonable diligence in providing a regular and uninterrupted supply of power, but does not guarantee a constant supply of power or the maintenance of unvaried frequency or voltage, and will not be liable for damages to the customer by reason of any failure in respect thereof.
(3) 
The customer shall take and use power in such a manner so as not to cause a disturbance or voltage fluctuation on the utility supply system or systems of any third party. The customer shall take remedial measures at his or her own expense by way of installing suitable apparatus or otherwise, as may be necessary, to reduce any disturbance, fluctuations or interference to a level deemed tolerable by the CBPU.
(4) 
All CBPU customers will be notified of their current billing status by means of an invoice mailed on the billing date of each cycle unless customer directs us otherwise. Should a balance forward exist on a customer's account, a disconnect notice will print on the current billing. The CBPU takes no responsibility for lost, delayed, damaged or misdirected mail, either to the customer or to the CBPU.
(5) 
Services are established upon request by the customer, without prepayment thereof, except in the case of certain telecommunications services and equipment. A signed order may be required.
(f) 
Service deposits.
(1) 
[1]Residential security deposits shall be determined by the use of a technology-based screening tool called the ONLINE Utility Exchange to verify identity and assess credit risk at the point of application and charge deposits to those customers who pose a potential credit risk.
[Added 1-25-2016 by Ord. No. 793]
A. 
ONLINE Utility Exchange returns service applicant's risk in the following manner:
1. 
Green Light = no credit risk. Customer will not be charged an upfront security deposit to start service.
2. 
Yellow Light = minimal credit risk. Customer will be charged an upfront security deposit of $200 to start service.
3. 
Red Light = substantial credit risk. Customer will be charged an upfront security deposit of $400 to start service.
B. 
Payment arrangements will not be accepted on security deposits to establish service.
[1]
Editor's Note: Former Subsection (f)(1)D and E were repealed 6-28-2004 by Ord. No. 686. Former Subsection (f)(1)A through C and F through I were repealed 9-14-2009 by Ord. No. 737.
(2) 
Deposits may be returned to customers after one year if billings have been paid by specified due dates or before penalties are added, at the discretion of the CBPU. Such deposits will be returned as an account credit. When service is discontinued, deposits will be credited to the closing bill with any excess to be refunded to the customer.
(3) 
Customers may request that security deposits be transferred when changing service from one location to another. However, all amounts in arrears on the original account (including the most recent billing, if past the established due date) must be paid. This payment takes effect at the time of a change of service. Failure to pay all arrears may require deposits being applied to the original account and a new security deposit for the new location.
[Amended 1-25-2016 by Ord. No. 793]
(4) 
The CBPU may, upon the request of the customer, transfer the amount of the final bill to the customer's new account. The CBPU reserves the right to transfer any amounts outstanding on any closed accounts to any active accounts.
(5) 
In cases of bankruptcies, deposits will be credited to any outstanding account balances as of the court file date. New deposits may be required for post-petition balances according to the above and in conformance with bankruptcy laws.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (f)(6) was repealed 9-14-2009 by Ord. No. 737.
(7) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (f)(7) was repealed 9-14-2009 by Ord. No. 737.
(8) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection (f)(8) was repealed 6-28-2004 by Ord. No. 686.
(9) 
Additional security deposits may be required from any CBPU customer who writes two no-account or NSF checks in any twelve-month period, and the customer's account will be put on a cash-only basis.
[Amended 1-25-2016 by Ord. No. 793]
(10) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection (f)(10) was repealed 1-25-2016 by Ord. No. 793.
(11) 
New business accounts will require a deposit to be determined by the CBPU on an individual case basis.
(12) 
Any account that had been submitted to a collection agency, had a bad debt with the CBPU or had a prior deposit will require a deposit either equal to that deposit amount or an amount to be determined by the CBPU to establish a new account.
(13) 
Additional security deposits may also be required before restoring service to any customer whose service has been disconnected in order to ensure the creditworthiness of the account. The additional deposit will be based on the credit history of the account.
[Amended 1-25-2016 by Ord. No. 793]
(g) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection (g) was repealed 9-14-2009 by Ord. No. 737.
(h) 
Equal payment plan. The Coldwater Board of Public Utilities shall make available to qualified customers an equal payment plan for payment of utilities, except telecommunications services. The equal payment plan shall be available only when a history of usage and payments, for any service location, for a period of not less than nine months has been established. To enroll in the equal payment plan: (1) the account must be current at the time of the agreement; and (2) the account must be enrolled in our automatic payment plan to ensure the agreed amount is paid monthly. The equal payment plan shall be reviewed periodically but at least annually. Adjustments to equal payment plan payments may be made as deemed necessary. The CBPU reserves the right to terminate from the plan any and all parties who do not comply with the terms of the plan agreement.
(i) 
Automated payment plan. The CBPU shall make available to its customers an automated payment plan for payment of utilities. The initial request from a service holder shall be in the form of a written agreement. The payment plan may be established for an indefinite period or for a specified period of time. Any account which incurs two returned electronic funds transfer transactions in a twelve-month period may be removed from the plan and may be ineligible for reinstatement. Automated payment plans shall terminate upon payment of final bill. Automated payment plans can be terminated at any time upon the request of the customer. The CBPU reserves the right to terminate from this plan any and all parties who do not comply with the terms of the plan agreement.
(j) 
Service fees. A twenty-five-dollar service fee will be charged each time a new account is established. Customers disconnecting electric, water or wastewater service from the system for longer than two billing cycles, will be charged the following amount when reestablishing service:
(1) 
During regular working hours: $100.
(2) 
After regular working hours: $200.
(k) 
Disconnecting residential service.
(1) 
Between April 1 and October 31, the CBPU is empowered, at its option, to remove all meters and to shut off all service to any customer at the expiration of its agreement with that customer, whenever any account of that customer is in arrears, or upon a violation of any of the rules and regulations of the CBPU or violation of any codified ordinance of the City.
(2) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection (k)(2) was repealed 5-10-2010 by Ord. No. 744
(3) 
Shutoff may be postponed for a reasonable time, but no longer than 21 days, if the customer presents a certificate or doctor's notice stating that the existing medical emergency of the customer or someone living at the residence would be aggravated without the utility. Medical certificates or doctor's notices do not prevent utility services from being disconnected for non-payment.
(4) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection (k)(4) was repealed 5-10-2010 by Ord. No. 744
(5) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection (k)(5) was repealed 5-10-2010 by Ord. No. 744
(6) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection (k)(6) was repealed 5-10-2010 by Ord. No. 744
(7) 
Services established are to be in the name of the legal occupant of the property, i.e. the owner, legal tenant or a guardian or personal representative if the owner or tenant should be incapacitated. Any service set in the name of a person who becomes deceased is required to be changed to the name of the legal occupant of the property. Any service not corrected, after notification by the CBPU, may be subject to disconnection. In order for the service to be reestablished, any amounts due after the date on which the original party becomes deceased must be paid in full.
(8) 
Any service taken with the intent of evading past due amounts owed to the CBPU, or to evade the posting of required service deposits, may be subject to termination. Examples would be the use of false names, false identification or requesting service without actually occupying the property.
(9) 
(Reserved)[11]
[11]
Editor's Note: Former Subsection (k)(10) was repealed 5-10-2010 by Ord. No. 744
(10) 
The CBPU's Winter Protection Plan protects senior, low income and critical care customers from service shut off and high utility bill payments during the heating season (November 1 through March 31) in accordance with Michigan Public Act 3 of 1939. Those who qualify for the Winter Protection Plan must make application and sign an agreement with the CBPU.
(l) 
Reconnecting service.
(1) 
A twenty-five-dollar charge will be made for turning on or setting of a meter or service when a disconnect has been made for:
A. 
Nonpayment of a delinquent account.
B. 
Failure to post the security deposit when required.
C. 
Failure to comply with the rules and regulations of the CBPU.
D. 
Restoring service requires a trip to a service location.
(2) 
When restoration of such disconnected service after normal business hours is requested, an additional charge of $125 will be made. A $10 fee will be charged for restoring service when only telecommunications services have been turned off and restoration can be completed from the office. Time and material charges will be applied when reconnecting service that has been disconnected from the tap pole or pad mount transformer.
(3) 
Services will be reset only upon receipt of payment in full, except when approval comes from social service agencies.
(m) 
Access to premises.
(1) 
The CBPU's authorized agents shall have access to all premises to install, inspect, read, repair or remove its meters and other utility property and/or to inspect wiring, piping, appliances, fixtures, water shut-off valves and water service located within or outside the street right of way, or any other device that is in any way connected with the Municipal utility system. Not allowing access may subject the property concerned to disconnection of service.
(2) 
In cases of rental properties, it shall be the responsibility of the property owner to effect proper entrance for CBPU personnel to discontinue some services. Failure to provide access may result in such services being continued with the property owner being liable for payment from the date of the tenant's service being discontinued.
(3) 
Meters not accessible to read will be estimated. See "Meter Reading and Billing", Section 1044.02(v) for details.
(n) 
Selection of equipment. Before purchasing equipment for use in connection with the Municipal utility service, the customer should secure from the CBPU the characteristics of the service available (i.e. service voltage, pressure, etc.) for such use and should acquaint himself or herself with the rules and regulations governing the use and installation of such equipment.
(o) 
Approval of equipment. The CBPU reserves the right to approve or disapprove for use in connection with the Municipal utility system, any wiring, equipment, appliances, fixtures, motors or any other devices that are presently in use or that are offered for use in connection therewith. Should any of the same be disapproved, their use shall be disconnected at once, either permanently or until corrective measures have been taken. Failure to comply with orders to discontinue the use of or to apply corrective measures to disapproved equipment shall be deemed just cause for the discontinuance of all service until compliance is completed.
(p) 
Extra expense due to overtime and adverse conditions. A charge may be made when extraordinary expense is incurred by the CBPU in performing customer services on account of overtime rates for other than regular working hours, or on account of unfavorable weather conditions, snow and ice accumulations, curb boxes buried or filled through no action of the CBPU, and for similar reasons.
(q) 
Credits to customer accounts.
(1) 
Whenever a credit is applied to any account it will be made on the basis of the net billing. No refund will be made to any account after one year following discontinuance of service. No credit or refund will be made in a net amount of less than $5. No credit will be allowed unless all CBPU requirements have been adhered to and the propriety of such a credit or refund is supported by a clear record.
(2) 
Any incorrect billing or collection that resulted in an overpayment or underpayment will be credited or charged for up to a maximum of six months.
(r) 
(Reserved)[12]
[12]
Editor's Note: Former Subsection (r), Metered or unmetered service, was repealed 5-29-2001 by Ord. No. 636.
(s) 
Size, location and protection of meters.
(1) 
All meters and metering equipment, and water/wastewater meters up to and including six-inch meters, used in regular service, shall be owned and maintained by the CBPU, which will determine, given the proper information, the size, type, location and suitability of the equipment. The customer/property owner shall provide, as directed by and free of expense to the CBPU, close to the point of the service entrance, a suitable space for the installation of the CBPU's metering equipment and shall, at all times, keep the area about, over and under this equipment free and clear so that easy access may be had by authorized persons. The customer/property owner shall protect the CBPU's metering equipment from damage and, in the case of water/wastewater meters, from freezing, and shall permit no person other than an agent of the CBPU or a person authorized by the CBPU to remove, inspect or tamper with the same. Any person damaging, tampering with or removing any type of metering device of the CBPU will be held responsible for the repair(s) or replacement of such device.
(2) 
All water/wastewater meters in excess of six inches shall be owned by the customer and maintained by the CBPU at customer expense.
(t) 
Additional meters. Meters may be installed in any building where water-only use is desired. Such meters must be installed on the supply side of the main water and/or sanitary sewer meter serving such customers. With CBPU approval, these meters will be furnished by the CBPU, provided that the minimum rate for the size meter furnished is charged and the meter is not in excess of six inches. All piping costs for additional meters shall be borne by the customer.
(u) 
Remote water/wastewater meter readers.
(1) 
Every new water/wastewater meter installation will incorporate a remote reader.
(2) 
The owner or contractor involved in any new construction shall furnish a 1/2 inch minimum empty conduit from the water/wastewater meter location to the general area of the electric meter location for future installation of a remote reader by CBPU personnel.
(3) 
It shall be the intention of the CBPU to install remote readers in all customer existing premises where access to the water/wastewater meter is difficult or where, in the Board's opinion, entering the premises may cause disruption to the customer or his or her business operations that are a detriment to the CBPU or the customer. All such installations will be performed by CBPU personnel at CBPU expense.
(4) 
(Reserved)[13]
[13]
Editor's Note: Former Subsection (u)(4) was repealed 5-13-2002 by Ord. No. 649.
(5) 
All equipment remains the property of the CBPU.
(v) 
Meter reading; billing.
(1) 
Meters will be read and bills rendered monthly, as nearly as possible.
(2) 
For the purpose of computing all bills rendered for utility service, the period between regular meter readings shall be deemed a month.
(3) 
Meters installed between regular reading periods shall have readiness to serve charges prorated to the next billing date.
(4) 
Whenever a meter reading is unavailable, the customer shall pay an estimated amount for service furnished during the billing period. This amount is to be based either upon the results of a test, upon the use of service during a similar period, upon both of these methods, or by other known factors, as determined by the CBPU.
(5) 
If the duration of any meter error is not known, it shall be assumed to have existed for a period of half the time between the discovery of the error and the latest preceding meter test, but not for a period of more than six months, and bills shall be recomputed on this basis.
(w) 
(Reserved)[14]
[14]
Editor's Note: Former Subsection (w), Billing of new customers, was repealed 5-29-2001 by Ord. No. 636.
(x) 
(Reserved)[15]
[15]
Editor's Note: Former Subsection (x) was repealed 6-28-2004 by Ord. No. 686.
(y) 
Meter testing. The CBPU tests its meters at intervals for the mutual protection of the customer and the CBPU, but the CBPU will also test any meter upon request of the customer, provided that the CBPU is not required to make such a test more often than once in 12 months. A fee of $25 for customer requested meter tests may be charged if the meter error is less than 4%.
(z) 
Cumulative billing. The CBPU will not allow cumulative billing.
(aa) 
Charges for service work.
(1) 
Electric Department.
A. 
Customer requested service work may be charged on a time and material basis.
B. 
Charges for after-hours service for no lights (if on customer side of meter), electric meter sets, etc.: $125.
(2) 
Water and sewer departments. Charges for after-hours water turn-ons and turn-offs, reports of no water or water leaks (if on customer side of first valve in customer's premises), water/wastewater meter sets, etc.: $125.
(bb) 
Customer payment responsibilities. Bills are due when issued. Payments received by mail are considered on time when received in the office on or before the printed "due" date. When bills are not paid on or before the due date, the bill shall be considered delinquent. After the close of business on the due date, a late fee of 2% of the total delinquent amount will be charged to the account. The CBPU may exempt senior citizens from this charge upon receipt of proper notice. The CBPU accepts checks, debit cards, credit cards, money orders and cash. Any loose coins over $5 must be rolled and initialed. Customers may also make payments using their checking/savings account, credit card or debit card by calling Payment Service Network (PSN) at 1-877-885-7968 or online at www.coldwater.org. All convenience fees charged by a debit/credit card carrier will be passed on to the customer.
[Amended 3-23-2015 by Ord. No. 784]
(cc) 
Rental properties.
(1) 
Service may be established in the landlord's name. When a tenant is applying for service on a rental property, a written lease agreement shall be required to ensure that the applicant is a legal tenant of the property. Service may be denied to the applicant tenant if the property in question is not registered with the City of Coldwater as a rental unit under Chapter 1482 of the Codified Ordinances. Service may be granted if the property is not registered but the owner has started procedures to have the unit(s) registered and the registration is still incomplete.
(2) 
Owners of rental properties that do not want their property to be left without utility services after the tenant vacates the property may sign a "revert-to-landlord" agreement. By signing a "revert-to-landlord" agreement, all utility services are automatically transferred to the property owner until a new tenant sets service and a service charge of $10 is billed to the property owner. Property owners may revert properties year round or just during winter months (November 1 through March 31). Exception to the "revert-to-landlord" agreement would be (1) service to a residence has been disconnected for nonpayment of bill; (2) violation of CBPU rules, regulations and rates; or (3) changes are made to the electrical wiring at the premises requiring inspection.
(3) 
The CBPU must have individual access to meters in multicustomer buildings. In the event the CBPU cannot gain individual access, services will be immediately reverted to the landlord.
[Amended 11-12-2018 by Ord. No. 816]
(dd) 
(Reserved)[16]
[16]
Editor's Note: Former Subsection (dd), Winter protection plan, was repealed 7-28-2003 by Ord. No. 673.
(ee) 
(Reserved)[17]
[17]
Editor's Note: Former Subsection (ee), Underground facilities on customer's premises, was redesignated as § 1044.03(s) 6-27-2011 by Ord. No. 753.
(ff) 
Disconnecting business customers.
(1) 
Service to industrial, commercial or retail business customers may be discontinued at any time by the CBPU whenever any account of that customer is in arrears. A disconnect notice does not need to be provided to these customers.
(2) 
These customers must pay all their accounts to a current status to restore service. Deposits may be required to ensure credit worthiness of the accounts.
(3) 
In cases where it is known that customers are closing their business, all utility services may be discontinued immediately unless assurances are given in the form of additional deposits or bank commitments to secure the account.
(gg) 
Establishing new service.
(1) 
Residential and/or business accounts must provide the following documentation to establish a new account: name; address; phone number; date of birth; United States government or state government issued photo ID, driver's license, military ID or passport; and copy of mortgage or purchase or lease agreement. Social security numbers or corporate ID numbers are the preferred form of identification, but are not required. Driver's license or other photo IDs, except passports, issued by a foreign government are not acceptable.
(2) 
The CBPU has established an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with the Federal Trade Commission's Red Flags Rule (Part 681 of Title 16 of the Code of Federal Regulations) implementing sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
(hh) 
Non-sufficient funds: A $15 service fee will be charged any time personal checks and electronic fund transfers are returned unpaid due to nonsufficient funds (NSF).
[Amended 3-23-2015 by Ord. No. 784]
(ii) 
Door hanger disconnect notices: A $25 service fee will be charged each time a trip is made to a service location to notify of potential disconnection of service.
(jj) 
Outstanding utility bills.
[Added 10-12-2015 by Ord. No. 789]
(1) 
The CBPU may refuse making utility services available to anyone, regardless of current account status, who has outstanding or delinquent accounts with the CBPU or the City of Coldwater.
(2) 
Service may be discontinued whenever any current occupant of a customer's household owes a delinquent account for service that is not in dispute.
(3) 
Any service disconnected due to an account in arrears may not be reset until such time as all past due balances from all occupants of that household are satisfied. The CBPU reserves the right to make whatever payment arrangements it deems proper on a case-by-case basis. Payment made to an account in arrears with a NSF or no bank account may result in instant termination of all services.
[Ord. No. 511, passed 7-24-1995; Ord. No. 530, passed 5-13-1996; Ord. No. 552, passed 8-11-1997; Ord. No. 576, passed 7-13-1998; Ord. No. 589, passed 3-22-1999; Ord. No. 597, passed 7-26-1999; Ord. No. 636, passed 5-29-2001; Ord. No. 673, passed 7-28-2003; Ord. No. 686, passed 6-28-2004; Ord. No. 709, passed 2-12-2007; Ord. No. 731, passed 6-8-2009; Ord. No. 737, passed 9-14-2009; Ord. No. 753, passed 6-27-2011]
(a) 
In general.
(1) 
Service may be taken from the Municipal electric utility system as long as compliance is fully met with all applicable ordinances of the City, the National Electric Code, and all rules and regulations of the Coldwater Board of Public Utilities.
(2) 
Elsewhere in this schedule will be found rules governing metering, meter location, meter protection, access to a customer's premises, approval of customer use equipment, rules prohibiting the resale of electric service and rules governing service to mixed loads and service to properties of mixed occupancy.
(3) 
There will also be found rules to cover service connections, service extension policies, prohibitions on the use of low power factor devices and equipment which may cause a disturbance of service to others, limitations of the use of electric welders and water heaters and rules governing the size, type, voltage and connection of electric motors.
(4) 
The CBPU shall bear no responsibility or liability for interruptions in service to tenants where more than one unit is supplied by one electric meter and service is in the name of only one of the two, or more, tenants.
In addition, the CBPU shall bear no responsibility or liability for interruptions in service to units which are metered separately, where the discontinuance of one unit affects all or part of other units.
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (b), Cogeneration, was repealed 5-29-2001 by Ord. No. 636.
(c) 
Limitation of service. The CBPU reserves the right to determine its ability to serve any loads which may be offered for connection to the system. Each application which may require the installation of additional lines and transformers or the enlargement of existing lines and transformers, or which involves the connection of out-of-the-ordinary use devices, will be a matter for special consideration.
(d) 
Service to apartment buildings and multiple dwellings.
(1) 
When service is supplied through a single meter to a building containing more than one apartment, the customer has the option of being billed under either Residential Service Rate "A" or General Light and Power Service Rate "B". Not more than one choice in rate will be permitted within any twelve-month period.
(2) 
When a customer elects to be billed under Rate "A", the "charge per customer per month" or "minimum charge" will be multiplied by the number of apartments served through the single meter.
(3) 
To determine the number of apartments served through one meter, only those rooms, suites or groups of rooms divided by a permanent wall having individual cooking and kitchen sink accommodations within the unit shall be counted as an apartment.
[Amended 3-23-2015 by Ord. No. 784]
Multiple unit commercial buildings: All new construction, remodeled, modified and expanded electric services, over 200 amps, must have a lockable means of disconnect. The disconnect must be located by the CBPU and accessible by the CBPU at all times. Procurement, installation and maintenance of the disconnect is the responsibility of the owner/customer. The disconnect shall be installed in accord with the latest revision of the National Electric Code, subject to the approval of the Electrical Inspector.
(e) 
Combined residential and commercial service.
(1) 
When energy is supplied to a combined residential and non-residential customer, the wiring may be arranged so that the residential usage can be metered separately from the nonresidential use.
(2) 
Service supplied through a single meter will be billed on the Residential Rate if it can be determined that less than half of the monthly kilowatt- hours used is nonresidential. This determination will be made by the Director of the Coldwater Board of Public Utilities.
(3) 
If the nature of the business is specifically not applicable, as stated in the Residential "A" Rate availability paragraph, then the business must be on the appropriate Commercial Rate.
(4) 
If it is unable to be determined by the CBPU staff to the Director's satisfaction what portion of the usage is residential by the kilowatt-hour use, then, if more than 50% of the square footage is attributable to residential use, the rate will be residential. If more than 50% of the square footage is attributable to commercial use, then the rate will be commercial.
(f) 
Farm service. Service shall be available to farms for residential use under Residential Service Rate "A", and, in addition, service may be used through the same meter for any purpose as long as such use is confined to single-phase service for the culture, processing and handling of products grown or used on the customer's farm. Use of service for purposes other than those set forth above shall be serviced and billed on the appropriate general service rate.
[Amended 3-23-2015 by Ord. No. 784]
(g) 
Temporary services.
(1) 
Customers desiring lighting and/or secondary power service for a short time only, such as traveling shows, outdoor or indoor entertainments or exhibitions, etc., which service requires the installation of a line extension and/or service connections, additional transformers, meters or other facilities, shall pay the cost of installing and removing all of the facilities necessary to supply such service and, in addition, the charge per customer per month provided for in the open order General Light and Power Service Rate "B".
(2) 
The customer may be required to deposit with the CBPU an amount to cover the estimated cost of installing and removing the necessary facilities, plus the estimated cost of service under the terms of the rate set forth above. Meters may be read daily and the deposit modified as the energy used may justify such modification.
(3) 
Terminal poles and service equipment shall be installed by the customer and shall not be less than 25 feet in total length, six-inch top diameter, butt-treated and shall be properly guyed.
(4) 
The actual location of the service shall be determined by the CBPU.
(h) 
Overhead extension policy.
(1) 
In general. When application is made for electric service which requires the extension of the CBPU's existing distribution lines, the CBPU will make such extensions at its own expense when, in the CBPU's opinion, the estimated annual revenue, probable stability of the business and prospective load growth will reasonably warrant the capital expenditure required.[2]
[2]
Editor's Note: Former Subsection (h)(2), Single-phase extensions, and former Subsection (h)(3), Three-phase extensions, which immediately followed this subsection, were repealed 5-13-1996 by Ord. No. 530.
(i) 
Overhead service connections.
(1) 
Where a suitable supply is available, the CBPU will install overhead service wires from its distribution lines to a selected point of attachment on the customer's premises. The CBPU shall select the location of this point of attachment. Should it become necessary, for any cause beyond the CBPU's control, to change the location of the point of attachment, all costs of any changes required in the customer's service entrance wiring made necessary thereby shall be borne by the customer.
(2) 
The selected point of attachment for the service wires to the customer's premises shall be such that adequate ground clearances suitable to the use and need of the area crossed over may be maintained and meet proper requirements.
(3) 
Where the height and design of the building or facility to be served is such that the above stated condition cannot be met, or in the event there is no permanent building, the customer shall provide and continuously maintain at his or her expense a suitable extension, frame or mast, or a properly guyed, butt-treated line pole with a top diameter of not less than six inches and a total length of not less than 25 feet, for the attachment of the service wires, all of which shall meet the approval of the CBPU.
(4) 
Service runs shall be as short as practicable and terminated with the connection wires extending at least 36 inches beyond the service cap or last point of support. When on a building, such terminals shall be carefully located so as to provide adequate clearance of the service drops and connections from windows, shutters, awnings, eaves, troughs, downspouts, vent pipes, radio aerials, lightning rods, chimneys and similar appurtenances of the structure.
(j) 
Underground service connections.
(1) 
Connections at secondary voltages.
A. 
The CBPU, at its option, may require the owner to install and be responsible for the construction of its own underground secondary service from the customer's service to the CBPU's secondary voltage connections.
B. 
If the service is provided by the CBPU, an appropriate charge may be made to the owner to cover the difference between the cost of overhead and underground services and/or distribution as may be determined from time to time by the CBPU. The following flat charge for a pole riser will also be made to defer the cost of riser construction:
[Amended 3-23-2015 by Ord. No. 784]
1. 
Two-inch U Guard: $75.
2. 
Three-inch U Guard: $100.
C. 
Underground services shall be installed in approved underground conduit or duct, as directed by the CBPU. All underground services shall be effectively protected from mechanical damage for the entire length. All exposed conduits shall be schedule 80 PVC or higher rigid or intermediate steel conduit. An in-aid-of-construction fee of $75 will be charged to defer the cost.
[Amended 3-23-2015 by Ord. No. 784]
D. 
Meter locations shall be provided on the customer's premises, as directed by the CBPU. Customers' meters are not allowed to be located on CBPU poles, unless by special permission.
(2) 
Connections at primary voltages. When required, the CBPU will provide connections and over-current protection for underground primary service connections, either to serve customer-owned transformers located on the customer's premises or to serve transformers owned by the CBPU and located on the customer's premises.
A. 
"D" Rate. All costs of installing and continuously maintaining the underground service from the customer's service to and including the cable terminations at the CBPU's end of the underground service or metering point will be the responsibility of the owner. The material and method of construction should meet the specifications of the CBPU to facilitate maintenance by the CBPU, if requested.
B. 
Other than "D" Rate. All costs of installing and maintaining underground primary services from the CBPU's overhead lines to and including the transformer shall be the responsibility of the CBPU. A charge may be made to the owner to cover the difference between overhead and underground service and/or distribution construction as is determined from time to time by the CBPU. A flat charge for a pole riser may also be made to defer the cost of riser construction.
(3) 
Contributions for construction.
A. 
The following fees may be waived only if a trench of proper depth (primary: 42 inches minimum and 54 inches maximum; secondary: 24 inches minimum and 36 inches maximum) meeting CBPU specifications is provided and backfilled by the customer:
1. 
Underground residential electric distribution (as in a new subdivision) may be charged at a rate of $6 per lot front-foot and will constitute an in-aid-of-construction fee representing the difference in cost between overhead and underground.
2. 
Underground residential electric services may be charged at a rate of $6 per trench foot and will constitute an in-aid-of-construction fee representing the difference in cost between overhead and underground.
3. 
Underground commercial and industrial electric distribution and service at primary voltages may be charged at a rate of $6 per trench foot, plus $10 per kilovolt-ampere of transformer capacity, and will constitute an in-aid-of-construction fee representing the difference in cost between overhead and underground.
a. 
On corner lots where both sides are served by underground distribution, the shorter side shall be used for calculation. Where a curved street represents two sides of a lot, the front- foot measurement shall be considered to be one half the total measurement of the curved side.
b. 
The contribution in aid of construction may be deducted from the cost of conversion from secondary voltage service to primary voltage service.
4. 
Underground commercial and industrial electric services at secondary voltages when installed by the CBPU may be charged at a rate of $6 per trench foot constituting the difference in cost between overhead and underground service.
B. 
Secondary connections shall be made by the CBPU, except when mutually agreed to by the contractor and an authorized CBPU representative.
C. 
The secondary conductor shall be provided by the contractor.
D. 
With new construction, the CBPU will back-fill trench to existing grade. Cosmetic work to be responsibility of contractor or owner.
E. 
A charge may be made if extraordinary expenses are incurred by the CBPU when digging a trench because of unfavorable weather conditions, unfavorable soil conditions, frost, unknown obstacles in the trench path, and other similar circumstances.
F. 
All new services requiring the CBPU to supply a transformer will be charged $10 per KVA for aid in construction. All existing services requiring an increase in transformer capacity will be charged $10 per KVA for the difference in total capacity as an aid-in-construction fee.
[Added 3-23-2015 by Ord. No. 784]
(k) 
Transformers located on customers' premises.
(1) 
Installation of transformers for other than "D" Rate customers.
A. 
Where service requirements can best be met by the installation of the CBPU's transformers on the customer's premises, such installations will be made in accordance with the best practice for such work.
B. 
Pole mounted installations will be made entirely at CBPU expense.[3]
[3]
Editor's Note: Former Subsection (k)(1)C and D, which immediately followed this subsection, were repealed 6-28-2004 by Ord. No. 686. Former Subsection (k)(2), Fenced transformer enclosures, was repealed 5-13-1996 by Ord. No. 530.
(l) 
Meter installation: meter wiring.
(1) 
Meter sockets (up to 320 amp self-contained), service meters, demand meters, metering transformers and metering transformer cabinets will all be furnished by the CBPU. Customer-supplied equipment must meet CBPU specifications. An in-aid-of-construction fee of $100 shall be charged for connections of load conductors to line side service supply in metering cabinets.
[Amended 3-23-2015 by Ord. No. 784; 10-12-2015 by Ord. No. 789]
(2) 
The CBPU does not furnish metering pedestals, such as those used on mobile home installations. For pedestal installations, the owner/customer is required to provide a Milbank® 200 amp, model U3138 meter pedestal or CBPU approved equivalent. Procurement, installation and maintenance of pedestal breakers are also the responsibility of the owner/customer.
(3) 
All conduit for metering purposes and all supports for metering equipment shall be installed by the customer at the expense of the customer.
(4) 
Electric service meters shall be so located that their registers will not be less than 4 1/2 feet nor more than six feet from the floor or grade.
(5) 
When more than one service entrance switch and/or more than one meter is located on the same premises, each such switch and meter shall be plainly and permanently marked to show the type of service that it supplies and the apartment or other portion of the customer service that it controls before setting meters.
[Amended 3-23-2015 by Ord. No. 784]
(m) 
Power quality and use of service.
[Amended 10-14-2013 by Ord. No. 773]
(1) 
All wiring shall be so installed that adequate balance may be had on the several phases of the customer's multiphase circuits and on the legs of all single-phase three-wire circuits. No single-phase three-wire installations shall be made with less than two branch circuits radiating therefrom. The customer shall arrange its circuits and operations so as to avoid a 15% current unbalance between the high and low phases. The customer shall use the service so as not to disturb or to interfere with the CBPU's service to its other customers. Electrically operated devices, which could cause objectionable operating conditions on the CBPU's system, as determined by the CBPU, shall not be attached without consent of the CBPU.
(2) 
Consumer's loads shall not exceed flicker and harmonic distortion limits set forth by IEEE 519 as measured at the utility's point of demarcation. Failure to comply could result in disconnect and/or financial penalties as determined necessary by the CBPU.
(n) 
Inspection of electrical wiring.
(1) 
The Electrical Code, currently in effect, requires that all electrical wiring be installed in accordance with the requirements of the National Electrical Code. It also charges the Electrical Inspector with the responsibility of inspecting all electrical wiring so installed.
(2) 
Anything contained in this chapter in regard to electrical wiring is deemed to be cooperative with and accessory to any ordinance or code affecting that area involved.
(3) 
Electrical contractors and wiremen shall become familiar with the several classes of electrical service supplied by the CBPU and with the restrictions and limitations under which each class of service is supplied to the user so that in the carrying out of their work they will arrange the customer's wiring and connect the customer's use devices so that the customer will not only be able to obtain the most favorable electric service rate that is available to him or her, but will also be able to use his or her equipment in an efficient manner and with a minimum of disturbance to his or her source of supply and to others who receive service from the same source.
(4) 
Before any electric service entrance is installed or remodeled, permission shall be obtained from the CBPU and the Electrical Inspector. Application for such permission shall include full and complete information, including the name of the owner, name of tenant, location of the property and a list of electrical devices to be supplied by the service.
(5) 
The general design and arrangement, the location and grouping of the entrance switches and meters, the routing of the service entrance run, and the point of contact with the service drops, are all subject to the direction of the CBPU and the Electrical Inspector who, jointly with the wireman, will be responsible for the arrangement and character of the work.
(6) 
The method of installation shall be consistent with current revisions of both the National Electric Safety Code and the National Electric Code.
[Added 10-14-2013 by Ord. No. 773]
(o) 
Service entrance wiring. Electric service entrance wiring shall be installed in accordance with the latest revision of the National Electrical Code, subject to the approval of the Electrical Inspector, with the following additions:
(1) 
All electrical wiring circuits shall be grounded to metallic water pipes. Such connections shall meet all of the requirements of the National Electrical Code and the Electrical Inspector. All such ground connections shall be made to a metallic water service pipe at the point where it enters the building and on the street side of the first valve or fitting. If no metallic water pipe enters the building the grounding conductor shall be run to the well. If no well or metallic water service pipe exists, refer to the National Electric Code for two ground rods at least eight feet apart.
(2) 
Any person who removes any such ground connection shall do so only after taking proper safety precautions against the hazards involved in so doing and shall, upon completion of his or her work, re-establish such connection in accordance with the provisions outlined herein.
(p) 
Temporary lighting and/or secondary power service.
(1) 
Customers desiring lighting and/or secondary power service for a short time only, such as for traveling shows, outdoor or indoor entertainments or exhibitions, etc., which service requires the installation of a line extension and/or service connections, additional transformers, meters or other facilities, may pay the cost of installing and removing all of the facilities necessary to supply such service and, in addition, pay the charge per customer per month provided for in the open order General Light and Power Service Rate "B".
(2) 
The customer may be required to deposit with the CBPU an amount to cover the estimated cost of installing and removing the necessary facilities plus the estimated cost of service under the terms of the rate set forth above. Meters may be read daily and the deposit modified as the energy used may justify such modification.
(3) 
Terminal poles and service equipment shall be installed by the customer and shall be not less than 25 feet in total length, with a six-inch top diameter, butt-treated and properly guyed.
(4) 
The actual location of the service shall be determined by the CBPU.
(q) 
Power supply cost adjustment.
(1) 
Applicability. The power supply cost adjustment shall apply to all CBPU electric rate schedules, except non-metered rates (street lighting, traffic light and outdoor lighting) and the special contract rate. The adjustment shall be applied to all kilowatt-hours billed to the customer in the billing period.
(2) 
Base power supply cost. The power supply cost adjustment is calculated from a base energy charge of $0.0603 per kilowatt-hour from the monthly energy cost from the Michigan South Central Power Agency.
(3) 
Power supply cost adjustment calculation.
A. 
The power supply cost adjustment for the month shall be determined by dividing the total energy cost, including fixed cost for the previous month's MSCPA billing, by the sum of the total kilowatt-hours billed for the same period.
B. 
The base power supply cost established above shall be subtracted from the actual power supply cost determined above. The result of this calculation shall only be applied to the customer's billing when the calculated value is a positive number only. No credit will be applied when the calculated value is a negative number.
C. 
The power supply cost adjustment shall be calculated by multiplying the difference calculated above by 1.06 to compensate for distribution system losses.
(r) 
Energy optimization surcharge.
Levelized Surcharges
2009-2012
Residential
Per kWh
$0.00252
Rate B
Per meter
$3.76
Rate C
Per meter
$27.44
Rate D
Per meter
$200.60
Rate D2
Per meter
$613.63
Unmetered lighting
Per fixture
$0.27
(1) 
Application. The following surcharges will be applied to residential, secondary, primary and unmetered lighting customers of the Coldwater Board of Public Utilities (CBPU) to recover all costs associated with the implementation of the CBPU's Energy Optimization Plan. These surcharges are mandated by, and consistent with, Section 89(2) of Michigan Public Act 295.
(s) 
Underground facilities on customer's premises. The owner, developer or customer requesting underground utility service shall provide an adequate subgrade (within three inches of the final grade) prior to the installation of all underground utilities. Permanent survey markers indicating property lines must be installed and maintained by the customer. Any subsequent rebuilding or relocation required due to a change in grade or other alterations shall be done at the customer's expense.
(t) 
Multiple-unit commercial buildings. All new construction, remodeled, modified and expanded electric services, over 400 amps single phase or three phase, must have a lockable means of disconnect. The disconnect must be located by the CBPU and accessible by the CBPU at all times. Procurement, installation and maintenance of the disconnect is the responsibility of the owner/customer. The disconnect shall be installed in accord with the latest revisions of the National Electric Code, subject to the approval of the Electrical Inspector.
[Added 3-23-2015 by Ord. No. 784]
(u) 
Construction service. When application is made for electric service to a construction site that requires the extension of the CBPU's existing distribution or secondary lines, the CBPU will make such extensions up to one pole span. The extension of the lines beyond one pole span will be charged at a rate of $300 per span.
[Added 3-23-2015 by Ord. No. 784]
[Ord. No. 511, passed 7-24-1995; Ord. No. 523, passed 2-12-1996; Ord. No. 530, passed 5-13-1996; Ord. No. 552, passed 8-11-1997; Ord. No. 576, passed 7-13-1998; Ord. No. 597, passed 7-26-1999; Ord. No. 609, passed 4-24-2000; Ord. No. 641, passed 9-24-2001; Ord. No. 673, passed 7-28-2003; Ord. No. 674, passed 8-25-2003; Ord. No. 686, passed 6-28-2004; Ord. No. 709, passed 2-12-2007; Ord. No. 737, passed 9-14-2009; Ord. No. 750, passed 11-22-2001; Ord. No. 753, passed 6-27-2011]
(a) 
Residential service (open order rate "A").
(1) 
Availability.
A. 
Subject to any restrictions, Open Order Rate "A" is available to any customer desiring electric service for any usual residential use in private family dwellings, tourist homes, rooming houses, dormitories, nursing homes and other similarly occupied buildings containing sleeping accommodations for up to six persons; during construction of a single-family residential structure; or multifamily dwellings containing up to four households served through a single meter and such appurtenant buildings as garages, barns, chicken houses and similar buildings.
B. 
This rate is not available for resale purposes, or for multifamily dwellings containing more than four living units served through a single meter, or for tourist homes, rooming houses, dormitories, nursing homes and similarly occupied buildings containing sleeping accommodations for more than six persons, or for any other nonresidential usage, or for commercial or industrial enterprises conducted in conjunction with private dwellings, such as beauty shops, filling stations, laundries, retail stores, dairies, hatcheries, greenhouses, welding shops, frozen storage plants, etc., except under the terms and conditions contained in this chapter and the exceptions noted herein.
(2) 
Nature of service. Alternating current, 60 hertz, single phase, 120/240 nominal volts.
(3) 
Rates.
A. 
Readiness to serve charge: $5.55 per customer per month; plus.
B. 
Energy charge: $0.09 per kWh for all kWh.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (a)(4) was repealed 2-12-2007 by Ord. No. 709.
(5) 
Minimum charge: $5.55 per customer per month.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (a)(6), Delayed payment charge; exemptions, was repealed 7-28-2003 by Ord. No. 673.
(7) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy, or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(8) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (a)(8), Terms and form of contract, was repealed 7-28-2003 by Ord. No. 673.
(9) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
Service for single-phase motors may be included under this rate, provided that the individual capacity of such motors does not exceed three horsepower, nor the total capacity of 10 horsepower, without the specific consent of the CBPU.
(b) 
Electric heating service (open order rate "A-H").
(1) 
Availability.
A. 
Subject to any restriction, Open Order Rate "A-H" is available to any customer desiring service for domestic, farm and seasonal cottages and mobile homes which include only those purposes which are usual in individual private family dwellings, provided that the customer has permanently installed and used electric heating equipment as the primary source of space heating in such dwelling or apartment served through the residential meter.
B. 
This rate is also available to commercial customers, if metered separately for space heating, singly or in combination with air conditioning and/or water heating, provided that the customer has permanently installed and uses electric heating equipment as the primary source of space heating in the commercial establishment.
(2) 
Nature of service. Alternating current, 60 hertz, single-phase or three-phase, the particular voltage and phase in each case to be determined by the CBPU.
(3) 
Rates.
A. 
Readiness to serve charge: $5.55 per customer per month; plus
B. 
Energy charge:
1. 
$0.09 per kWh for the first 600 kWh.
2. 
$0.087 per kWh for all over 600 kWh.
(4) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection (b)(4) was repealed 2-12-2007 by Ord. No. 709.
(5) 
Minimum charge: $5.55 per customer per month.
(6) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection (b)(6), Delayed payment charge; exemptions, was repealed 7-28-2003 by Ord. No. 673.
(7) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(8) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection (b)(8), Terms and form of contract, was repealed 7-28-2003 by Ord. No. 673.
(9) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
Service for single-phase motors may be included under this rate, provided that the individual capacity of such motors does not exceed 7 1/2 horsepower, nor the total capacity of 15 horsepower, without the specific consent of the CBPU.
(c) 
General light and power service (open order rate "B").
(1) 
Availability.
A. 
Subject to any restriction, Open Order Rate "B" is available to any customer desiring lighting and/or secondary power service for any usual commercial, institutional or industrial use. It is also available for construction use and for seasonal use in resort areas under the special terms and conditions contained elsewhere in this chapter.
B. 
This rate is not available for private family dwellings, resale purposes or street lighting service, except for private streets and mobile home parks or service to temporary street lighting installations.
(2) 
Nature of service. Alternating current, 60 hertz, single-phase or three-phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Rates.
A. 
Readiness to serve charge: $7 per customer per month; plus
B. 
Energy charge: $0.107 per kWh for all kWh.
(4) 
Minimum charge: $7 per customer per month.
(5) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection (c)(5), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(6) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(7) 
Terms and form of contract. A signed order shall be required.
(8) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
When the service is three-phase, three wire, lighting may be included, provided that the customer furnishes all transformation facilities required for such purpose and arranges the lighting circuits so as to avoid excessive unbalances of the three-phase load. When the service is single-phase, or four wire, three-phase, the single-phase individual motor capacity shall not exceed three horsepower, nor the total single-phase motor capacity 10 horsepower, without the specific consent of the CBPU.
C. 
The CBPU may elect to measure the supply on the primary side of the transformers, in which case 3% shall be deducted from the energy measurements for the purpose of billing.
D. 
The CBPU may, at its option, require the customer to provide space, suitable to the CBPU, for the installation and operation of transformers.
(d) 
General light and power service (optional rate "C").
(1) 
Availability.
A. 
Subject to any restriction, Optional Rate "C" is available to any customer desiring secondary voltage service where the billing demand is five kilowatts or more. The rate is also available for service to any customer where the CBPU elects to provide one transformation from the available primary distribution voltage to another primary voltage desired by the customer.
B. 
This rate is not available for private family dwellings, street lighting service or resale purposes.
(2) 
Nature of service. Alternating current, 60 hertz, single-phase or three-phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Rates.
A. 
Readiness to serve charge: $10.50 per customer per month; plus.
B. 
Capacity charge: $12 per kW of billing demand.
C. 
Energy charge: $0.045 per kWh for all kWh.
(4) 
Minimum charge. The minimum charge shall be the capacity charge included in the rate, plus the readiness to serve charge.
(5) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection (d)(5), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(6) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(7) 
Determination of maximum demand.
A. 
The maximum demand, or the rate of use of electrical energy, for each month shall be the greatest average load in kilowatts during any fifteen-minute period of such month, as registered on suitable instruments installed by the CBPU to make such a determination.
B. 
The CBPU reserves the right to make a special determination of the billing demand and/or minimum charge should equipment which creates high demands of momentary duration be included in the customer's installation.
(8) 
Adjustment of maximum demand for power factor. The CBPU may measure or test the power factor of the customer's load during periods of maximum energy use, and if the power factor is so found to be less than 80% lagging, the maximum kilowatt demand shall be increased by the ratio that 80% bears to the power factor of the customer's load.
(9) 
Exclusion of valley hour demands.
A. 
Periods of light load on the CBPU's system are known as valley hours. To promote maximum efficient utilization of power at these times, the CBPU offers for large industrial customers, a lessened reckoning of demand occurring during valley hours. From time to time, the CBPU will issue a schedule of valley hours showing the extent to which demands created during such hours will be disregarded. The terms of each such schedule will continue in effect until the effective date of the next succeeding schedule.
B. 
This exclusion applies only to customers whose demands consistently exceed 100 kilowatts.
(10) 
Determination of billing demand. The billing demand shall be the maximum demand for each month (after power factor adjustments and valley hours exclusions, if any), but not less than 60% of the highest billing demand of the preceding 12 months. The CBPU reserves the right to make special determination of the billing demand or minimum charge as the circumstances in each case may justify, but in no case shall the billing demand be less than five kilowatts.
(11) 
Terms and form of contract. A signed order shall be required. Customers electing this option rate shall, in the absence of a bona fide discontinuance of service, remain thereon for at least 12 months.
(12) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
When the service is three-phase, three wire, lighting may be included, provided that the customer furnishes all transformation facilities required for such purpose, and arranges the lighting circuits so as to avoid excessive unbalances of the three-phase load.
C. 
The CBPU may elect to measure the supply on the primary side of the transformers, in which case 3% shall be deducted from the demand and energy measurements for the purpose of billing.
D. 
The CBPU may, at its option, require the customer to provide space, suitable to the CBPU, for the installation and operation of transformers.
E. 
Instructions for billing a final bill on the "C" rate shall be as follows:
1. 
When a final reading runs over into the next month with a separate demand charge, the final demand charge shall be waived when less than 10 days have elapsed since the last regular reading date and the final billing shall be figured as if the final reading was in the same month as the last regular reading.
2. 
If more than 10 days have elapsed since the last regular reading date, then the final bill shall be figured on a regular one-month basis using the final demand charge.
(e) 
Commercial and industrial primary service (rate "D").
(1) 
Availability. Rate "D" is open to any customer desiring primary voltage service for commercial or industrial use where the billing demand is 25 kilowatts or more.
(2) 
Nature of service. Alternating current, 60 hertz, single-phase or three-phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Rates.
A. 
Readiness to serve charge: $40 per month per customer; plus.
B. 
Capacity charge: $10 per kW of billing demand.
C. 
Energy charge: $0.045 per kWh for all kWh.
(4) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(5) 
Minimum charge. The minimum charge shall be the capacity charge included in the rate, plus the readiness to serve charge.
(6) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection (e)(6), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(7) 
Billing demand. The billing demand shall be the kilowatts supplied during the fifteen-minute period of maximum use in the billing month, but not less than 60% of the highest billing demand of the preceding 12 months, nor less than 35 kilowatts.
(8) 
Adjustments for off-peak hour operation. Demands created during off-peak hours designated by the CBPU in the CBPU's current "Schedule of On and Off-Peak Hours" (see subsection (i) hereof) shall be disregarded, provided that the billing demand shall not be less than 33 1/3% of the greatest demand created in such off-peak hours, nor less than 100 kilowatts. When, in the CBPU's judgment, the customer's billing demands will not be at least 100 kilowatts at all times, the customer shall be required to guarantee in writing a billing demand of at least 100 kilowatts for a minimum term of 12 consecutive months in order to qualify the customer for the above adjustment for off-peak operation during the period of such guarantee.
(9) 
Adjustment for power factor. This rate requires a determination of the average power factor maintained by the customer during the billing period. Such average power factor will be determined through the metering of lagging kilovar-hours and kilowatt-hours during the billing period. The calculated ratio of lagging kilovar-hours to kilowatt-hours will then be converted to the average power factor for the billing period by using the appropriate conversion factor. Whenever the average power factor during the billing period is above .899 or below .800, the capacity charge will be adjusted as follows:
A. 
If the average power factor during the billing period is 0.900 or higher, the capacity charge will be reduced by 2%. This credit shall not in any case be used to reduce the prescribed minimum charge or the capacity charge when based upon 60% of the highest billing demand of the preceding 12 months.
B. 
If the average power factor during the billing period is less than .800, the capacity charge will be increased by the ratio that .800 bears to the customer's average power factor during the billing period.
Average Power Factor
Capacity Charge
Below .800
Follow Paragraph (e)(9)B. above
.800 to .900
None
Above .900
2%
(10) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
Where service is supplied at a nominal voltage of 13,800 or less, the customer shall furnish, install and maintain all necessary transforming, controlling and protective equipment.
C. 
Where the CBPU elects to measure the service at a nominal voltage of less than 13,800, 3% will be added, for billing purposes, to the demand and energy measurements thus made.
(11) 
Terms and form of contract. A signed order shall be required. Customers electing this option rate shall, in the absence of a bona fide discontinuance of service, remain thereon for at least 12 months.
(12) 
Termination of service. A customer is required to provide the CBPU 60 days' written notification prior to terminating service. In recognition of the CBPU's continued obligation to serve a customer's premises, the demand charge will continue for 12 months after any termination of service with the amount of such charge equal to the average demand charge for the 12 months prior to termination. Termination of service shall include any substantial reduction in a customer's requirements for or usage of electricity, excluding bonafide changes in customer's load, energy efficiency of energy conservation measures or changed operating characteristics of energy consuming equipment on customer's premises. The continuation of the demand charge may be waived or amended in the sole discretion of the CBPU based upon such factors as the utility deems proper.
(f) 
Highload factor industrial primary service (Rate "D-2").
(1) 
Availability. Rate "D-2" is open to any customer desiring primary voltage service for industrial use where the billing demand is 2,500 kilowatts or more.
(2) 
Nature of service. Alternating current, 60 hertz, three phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Rates.
A. 
Readiness to serve charge: $80 per month per customer; plus.
B. 
Capacity charge: $10 per kW of billing demand.
C. 
Energy charge: $0.045 per kWh for 68% of the billing demand multiplied by the number of hours in the billing period, plus $0.03 for the remaining kWh.
(4) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy or upon the fuel used by the CBPU or its suppliers in generating electrical energy, or which otherwise increases the CBPU's cost of generating or providing electrical energy.
(5) 
Minimum charge. The minimum charge shall be the capacity charge included in the rate, plus the readiness to serve charge.
(6) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection (f)(6), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(7) 
Billing demand. The billing demand shall be the kilowatts supplied during the fifteen-minute period of maximum use in the billing month, but not less than 60% of the highest billing demand of the preceding 12 months, nor less than 2,500 kilowatts.
(8) 
Adjustment for off-peak hour operation. Demands created during off-peak hours designated by the CBPU in the CBPU's current "Schedule of On and Off-Peak Hours" (See subsection (i) hereof) shall be disregarded, provided that the billing demand shall not be less than 33 1/3% of the greatest demand created in such off-peak hours, nor less than 2,500 kilowatts. When, in the CBPU's judgment, the customer's billing demands will not be at least 2,500 kilowatts at all times, the customer shall be required to guarantee in writing a billing demand of at least 2,500 kilowatts for a minimum term of 12 consecutive months in order to qualify the customer for the above adjustment for off-peak operation during the period of such guarantee.
(9) 
Adjustment for power factor. This rate requires a determination of the average power factor maintained by the customer during the billing period. Such average power factor will be determined through the metering of lagging kilovar-hours and kilowatt-hours during the billing period. The calculated ratio of lagging kilovar-hours to kilowatt-hours will then be converted to the average power factor for the billing period by using the appropriate conversion factor. Whenever the average power factor during the billing period is above 0.899 or below 0.800, the capacity charge will be adjusted as follows:
A. 
If the average power factor during the billing period is 0.900 or higher, the capacity charge will be reduced by 2%. This credit shall not in any case be used to reduce the prescribed minimum charge or the capacity charge when based upon 60% of the highest billing demand of the preceding 12 months.
B. 
If the average power factor during the billing period is less than .800, the capacity charge will be increased by the ratio that .800 bears to the customer's average power factor during the billing period.
Average Power Factor
Capacity Charge
Below .800
Follow Paragraph (f)(9)B. above
.800 to .900
None
Above .900
2%
(10) 
Rules and regulations.
A. 
Service is governed by the CBPU's Standard Rules and Regulations.
B. 
Where service is supplied at a nominal voltage of 13,800 or less, the customer shall furnish, install and maintain all necessary transforming, controlling and protective equipment.
C. 
Where the CBPU elects to measure the service at a nominal voltage of less than 13,800, 3% will be added, for billing purposes, to the demand and energy measurements thus made.
(11) 
Terms and form of contract. A signed order is required. Customers electing this option rate shall, in the absence of a bona fide discontinuance of service, remain thereon for at least 12 months.
(12) 
Termination of service. A customer is required to provide the CBPU 60 days' written notification prior to terminating service. In recognition of the CBPU's continued obligation to serve a customer's premises, the demand charge will continue for 12 months after any termination of service with the amount of such charge equal to the average demand charge for the 12 months prior to termination. Termination of service shall include any substantial reduction in a customer's requirements for or usage of electricity, excluding bona fide changes in a customer's load, energy efficiency of energy conservation measures or changed operating characteristics of energy consuming equipment on customer's premises. The continuation of the demand charge may be waived or amended in the sole discretion of the CBPU based upon such factors as the utility deems proper.
(g) 
(Reserved)[11]
[11]
Editor's Note: Former Subsection (g), Commercial and industrial primary service economic development (Rate "E-D"), was repealed 10-24-2005 by Ord. No. 698.
(h) 
(Reserved)[12]
[12]
Editor's Note: Former Subsection (h), Industrial induction heating - primary service contract heating rate (Rate "C-H"), was repealed 5-29-2001 by Ord. No. 636.
(i) 
Schedule of on and off-peak hours.
[Ord. No. 551, passed 7-24-1995]
(1) 
(Reserved)[13]
[13]
Editor's Note: Former Subsection (i)(1), regarding Rate “C,” was repealed 3-23-2015 by Ord. No. 784.
(2) 
Rates "D," "D-2," "E-D" and "C-H."
A. 
On-peak: 9:00 a.m. to 6:00 p.m.
B. 
Off-peak (33-1/3% of greatest demand, whenever created): 6:00 p.m. to 9:00 a.m.
NOTE: Weekends and holidays are considered off-peak hours in all rates. The above off-peak hours may be changed by Board action from time to time as system characteristics change.
(j) 
(Reserved)[14]
[14]
Editor's Note: Former Subsection (j), Billing demand averaging, was repealed 4-24-2000 by Ord. No. 609.
(k) 
(Reserved)[15]
[15]
Editor's Note: Former Subsection (k), Cogeneration and small power production purchase rate (Rate "CG-1"), was repealed 5-29-2001 by Ord. No. 636.
(l) 
(Reserved)[16]
[16]
Editor's Note: Former Subsection (l), Cogeneration and small power production purchase rate (Rate "CG-2"), was repealed 5-29-2001 by Ord. No. 636.
(m) 
Street lighting service (Rate "SL-1").
(1) 
Availability. Rate "SL-1" is available for street lighting service.
(2) 
Nature of service. The CBPU furnishes, installs and owns the entire equipment, including poles, overhead lines, supply equipment, luminaries, supporting brackets, suspension cables, lamps and control equipment. The CBPU supplies the energy, replaces luminaries and lamps, and maintains the entire equipment.
(3) 
Rate. The charge per lamp per year, payable in equal monthly installments, shall be as follows:
Lamp Rating in Lumens
Wattage or Type
Rate
15,000
400 W MV
$150
24,000
250 W H.P.S.
$150
10,000
250 W MV
$105
7,200
175 W MV
$90
14,000
150 W H.P.S.
$90
45,000
400 W H.P.S.
$234
(4) 
Discounts. None.
(5) 
Tax adjustments. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy.
(6) 
Hours of lighting. Street lights shall be burning at all times when the natural general level of illumination is lower than about three-fourths foot-candle, which under normal conditions is approximately 1/2 hour after sunset until approximately 1/2 hour before sunrise.
(7) 
Mercury vapor lamps are not available for new street lighting service.
(n) 
Traffic light service (Rate "SL-4").
(1) 
Availability. Rate "SL-4" is available for incandescent lamp installations maintained for traffic regulation or guidance, as distinguished from street illumination and police signal systems.
(2) 
Nature of service. The City furnishes and installs all fixtures, lamps, controls and other equipment, including wiring to the point of connection with the CBPU's overhead or underground system, as directed by the CBPU. The CBPU makes final connections to its lines. The City maintains equipment, including lamp renewals, and the CBPU supplies energy for its operation at the City's expense.
(3) 
Rate. $0.052 per watt of active load per month.
(4) 
Determination of active load. The active load used in applying the above rate shall be determined as follows: The active load of flasher lamps or cyclically operated traffic control lamps shall be 50% of the total wattage of all lamps used during one complete cycle of operation. The active load of continuous, nonintermittent lamps shall be 100% of the total wattage of all lamps used. The total load of gaseous discharge light sources shall include the VA rating of the ballast or transformer. No reduction on the active load will be made for traffic control lamps not operated 24 hours per day or for lamps not operated every day, except that the active load of lamps used for the control of school traffic and operated not more than six hours per day during the school year only shall be 10% of the total wattage of lamps used. The connected load of traffic signal control devices shall not be included in the active load.
(5) 
Discounts. None.
(6) 
Tax adjustments. Bills shall be increased to offset any specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy.
(o) 
Outdoor lighting service (Rate "OL").
(1) 
Availability. Rate "OL" is available for outdoor lighting to any CBPU customer upon proper contract execution.
(2) 
Rates.
A. 
7,000 lumen (175 w) mercury-vapor lamp: $8 net each.
B. 
20,000 lumen (400 w) mercury-vapor: $19.50 net each.
C. 
14,000 lumen 150 W H.P.S. flood: $7.50 net each.
D. 
24,000 lumen 250 W H.P.S. flood: $13 net each.
E. 
45,000 lumen 400 W H.P.S. flood: $19.50 net each.
F. 
140,000 lumen 1,000 W H.P.S. flood: $27 net each.
G. 
40,000 lumen 400 W metal halide flood: $19.50 net each.
H. 
125,000 lumen 1,000 W metal halide flood: $27 net each.
(3) 
Tax adjustments. Bills shall be increased to offset any specific tax or excise imposed by any governmental authority.
(4) 
In general.
A. 
The CBPU will, at its own cost, install, furnish the current for and maintain its standard outdoor lighting equipment. Facilities shall consist of a fixture, with photo-electric switch control and a support mounted on an existing pole or building at which 120-volt service is available. If an existing pole or building is not available, the CBPU may furnish the pole. An additional charge of $1.20 per month will be billed for each pole provided by the CBPU. The cost of any additional facilities required shall be paid by the customer.
Customers desiring underground electric service to outdoor lights will be charged for the difference in cost between overhead and underground service, unless the customer provides trenching and backfilling meeting CBPU specifications.
B. 
When service is terminated, within six months after installation, the customer shall pay the cost of removing any CBPU installed equipment.
C. 
The above facilities shall be owned and maintained by the CBPU.
D. 
The CBPU will replace burned out lamps and otherwise maintain the equipment during regular working hours as soon as practicable following notification by the customer.
E. 
Burning hours shall be from dusk until dawn, aggregating approximately 4,000 hours per year. Credit will not be allowed for normal lamp outages.
F. 
Customers shall obtain proper approval for lights to be located on public thoroughfares.
G. 
Outdoor lighting on rented property shall be removed upon order of the property owner only. The monthly charge of lighting shall continue to be the responsibility of the owner, unless the tenant agrees to assume the charges.
(5) 
Billings. Billings for partial months shall be prorated on a daily basis.
(6) 
Mercury vapor lamps are not available for new outdoor lighting service.
(p) 
(Reserved)[17]
[17]
Editor's Note: Former Subsection (p), Telecommunications conductor rental rate (Rate "TC"), was repealed 6-28-2004 by Ord. No. 686
(q) 
Special contract rate (Rate "S-C").
(1) 
Availability. This rate can apply to any commercial or industrial customer which meets the requirements of this rate where:
A. 
Service is provided at primary or transmission voltage;
B. 
A new full-requirement customer has a minimum billing demand of 3,000 KVA or more; or
C. 
An existing full-requirement customer adds 3,000 KVA to its existing load as long as this new load is separately metered.
(2) 
Nature of service. Service shall be alternating current, 60 hertz, three-phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Monthly rate. The monthly rate shall be established by contract to be entered into between the customer and the CBPU upon a determination that it is inappropriate for the customer to be placed in another established rate schedule.
(4) 
Tax adjustment. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority:
A. 
Upon the CBPU's generation or sale of electrical energy;
B. 
Upon the fuel used by the CBPU or its suppliers in generating electrical energy; or
C. 
Which otherwise increases the CBPU's costs of generating or providing electrical energy.
(5) 
Minimum charge. The minimum charge shall be established by contract.
(6) 
Power cost adjustment. The power cost adjustment shall be established by contract.
(7) 
(Reserved)[18]
[18]
Editor's Note: Former Subsection (q)(7), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(8) 
Billing demand. The billing demand shall be established by contract.
(9) 
Adjustment for off-peak hour operation. Adjustment for off-peak hour operation shall be established by contract.
(10) 
Adjustment for power factor. Adjustment for power factor shall be established by contract.
(11) 
Term and form of contract. Customers receiving service under this rate will be required to enter into a written contract with the CBPU for a period of not less than 36 months and will be responsible for the installation, modification, addition or removal of any facilities or equipment necessary to facilitate service under this rate. This rate is not available for resale purposes.
(r) 
(Reserved)[19]
[19]
Editor's Note: Former Subsection (r), Irrigation pumping service (Open Order Rate "IR"), was repealed 5-29-2001 by Ord. No. 636.
(s) 
Whole house surge protection service rate (rate "WHSP").
(1) 
Availability. This rate is available for whole house surge protection to any Board of Public Utilities customer with 120/240 VAC, 100A-200A, single-phase service, subject to any restrictions and proper execution of a contract.
(2) 
Monthly rate. The following monthly charge will be made for all such whole house surge protection installations: for each metered service, $5.99 per month. This rate includes sales tax.
(3) 
Term and form of contract. Customers receiving service under this rate will be required to enter into a written contract with the CBPU for a period of 24 months.
(t) 
Load profile/real time metering service (rate "LPRT").
(1) 
Availability. This rate is available to any Coldwater Board of Public Utilities electric customer. Service is subject to restrictions and proper execution of contract.
(2) 
Nature of service. This service gives the customer access to fifteen-minute demand load profile meter information and/or real time energy information via the Internet.
(3) 
Monthly rate per meter.
A. 
Load profile service connected via CBPU telecommunications system: $35.
B. 
Load profile service connected via customer telephone line: $30.
C. 
Real time data service connected via CBPU telecommunications: $135.
D. 
The above rates include sales tax.
(4) 
Term and form of contract. Customers receiving service under this rate shall be required to enter into a written contract with the Utility for a time period and monthly rate to be specified in the contract.
(u) 
Commercial surge protection service (rate "CSP").
(1) 
Availability. This rate is available for commercial surge protection to any Coldwater Board of Public Utilities customer with 120/240 VAC, 100A-200A, single-phase service or 208/220/240/277 VAC three-phase service. Subject to approval by the Utility and proper execution of contract.
(2) 
Monthly rate. The following monthly charge will be made for all such commercial surge protection installations: for each metered service, $9.99 per month. This rate includes sales tax.
(3) 
Term and form of contract. Customers receiving service under this rate shall be required to enter into a written contract with the Utility for a time period and monthly rate to be specified in the contract.
(v) 
EcoSmart choice program rate (rate "ESCP").
(1) 
Availability. This rate is available to any Coldwater Board of Public Utilities electric customer as a means to purchase renewable energy certificates from renewable energy resources, including but not limited to, wind, hydroelectric, solar, biomass and landfill gas. Service is subject to any restrictions and proper execution of contract.
(2) 
Rate. $0.007 per kWh.
(w) 
High load factor industrial transmission service rate "T."
[Added 12-9-2013 by Ord. No. 776]
(1) 
Availability. Open to any customer desiring transmission voltage service for industrial use where the billing demand is 3,000 KVA or more.
(2) 
Nature of service. Alternating current, 60 hertz, three phase, the particular nature of the voltage in each case to be determined by the CBPU.
(3) 
Monthly rate.
A. 
Readiness to serve charge: $225 per month per customer, plus.
B. 
Capacity charge:
1. 
Winter season: $7.87 per KVA of billing demand.
2. 
Summer season: $8.87 per KVA of billing demand.
C. 
Energy charge:
1. 
Winter season: $0.0526 per KWH for 68% of the billing demand multiplied by the number of hours in the billing period, plus $0.04 for the remaining KWHs.
2. 
Summer season: $0.0532 per KWH for 68% of the billing demand multiplied by the number of hours in the billing period, plus $0.043 for the remaining KWHs.
(4) 
Seasons. Winter season is the months of January, February, March, April, May, October, November and December. Summer season is the months of June, July, August and September.
(5) 
Tax adjustment. Bills shall be increased to offset any new or increased specific tax or excise imposed by any governmental authority upon the CBPU's generation or sale of electrical energy; upon the fuel used by the CBPU or its suppliers in generating electrical energy; or which otherwise increases the CBPU's costs of generating or providing electrical energy.
(6) 
Minimum charge. The capacity charge included in the rate, plus the readiness to serve charge.
(7) 
Billing demand. The billing demand shall be the kilovolt-amperes (KVA) supplied during the fifteen-minute period of maximum use in the billing month, but not less than 60% of the highest billing demand of the preceding 12 months, nor less than 3,000 KVA.
(8) 
Adjustment for off-peak hour operation. Demands created during off-peak hours designated by the CBPU in the CBPU's current Schedule of Off-Peak Hours shall be disregarded, provided the billing demand shall not be less than 33 1/3% of the greatest demand created in such off-peak hours nor less than 3,000 KVA. When, in the CBPU's judgment, the customer's billing demands will not be at least 3,000 KVA at all times, the customer shall be required to guarantee, in writing, a billing demand of at least 3,000 KVA for a minimum term of 12 consecutive months, in order to qualify the customer for the above adjustment for off-peak operation during the period of such guarantee.
(9) 
Rules and regulations.
A. 
Service is governed by the CBPU's standard rules and regulations.
B. 
Where service is supplied at a nominal voltage of 138,000 or less, the customer shall furnish, install and maintain all necessary transforming, controlling and protective equipment in compliance with all CBPU standards.
C. 
Where the CBPU elects to measure the service at a nominal voltage of less than 138,000, 3% will be added, for billing purposes, to the demand and energy measurements thus made.
(10) 
Term and form of contract. Signed order required. Customers electing this option rate shall, in the absence of bona fide discontinuance of service, remain thereon for at least 12 months.
(11) 
Termination of service. Customer is required to provide the CBPU 90 days' written notification prior to terminating service. In recognition of the CBPU's continued obligation to serve customer's premises, the demand charge will continue for 12 months after any termination of service with the amount of such charge equal to the average demand charge for the 12 months prior to termination. Termination of service shall include any substantial reduction in customer's requirements for or usage of electricity, excluding bona fide changes in customer's load, energy efficiency of energy conservation measures, or changed operating characteristics of energy consuming equipment on customer's premises. The continuation of the demand charge may be waived or amended in the sole discretion of the CBPU based upon such factors as the Utility deems proper.
[Ord. No. 511, passed 7-24-1995; Ord. No. 530, passed 5-13-1996; Ord. No. 636, passed 5-29-2001; Ord. No. 698, passed 10-24-2005]
(a) 
In general. Industrial and commercial water and wastewater customers shall advise the CBPU when they make in-house alterations which may affect their water usage or discharges into the sanitary sewer. These alterations may involve changes in volume and/or contaminants in the wastewater.
(b) 
Permits.
(1) 
No work of installing, replacing, connecting, extending or altering any piping, fixtures or other appurtenances that are in any way connected with or served by the water or sanitary sewer systems of the CBPU shall be performed, except that at all times the State/County Plumbing Code is followed. The owner or his or her properly licensed master plumber is responsible for the taking out of all permits, rendering of all reports and the payment of all fees in conjunction with the given work.
(2) 
Exception to the above may be had when persons, who are both owner and resident of their property, are granted permission by the State/County Plumbing Inspector to act as their own plumber in the performance of such work on their own premises.
(3) 
All such work is subject to inspection by the State/County Plumbing Inspector and/or the City Building Inspector, who are responsible for the integrity of the work within his or her limits, and by the Inspector of the CBPU, who is responsible for the integrity of the balance of the work.
(4) 
No work of plumbing shall be started until all County, State, City and CBPU permits applicable thereto have been obtained. In making application for CBPU permits, the applicant shall state in detail the work to be performed and, when required to do so, shall submit complete plans and specifications with his or her application.
(5) 
No permits are necessary for the repair of leaks, replacing of pipes, replacing of fixtures or unstopping of sewer and waste pipes, when no change in the number and type of water and/or sewer connections are involved.
(6) 
Regulations governing the issuance of permits for the tapping and connecting of house service piping and house drains will be found elsewhere in this chapter.
(c) 
Capacity fee. A one-time capacity fee may be levied for a new customer's water or sewer service. This fee shall be established by the Board and may be revised periodically, as approved by the Board.
(d) 
Number of services to one property.
(1) 
No more than one water or house sewer service connection may be extended to serve a single property or residential dwelling unit, except by special permission to do so and then only when such services are maintained entirely free of any and all interconnections that may, at any time, by-pass any water main valve or otherwise result in a disturbance to the normal operation of the water and/or sewer systems. The water service line must be run to each property or building independently from its own shut-off at the street to allow for control by the CBPU.
(2) 
Residences may have a second water service to supply a metered sprinkling service.
(e) 
Connection of flowing and automatic devices.
(1) 
Commercial and industrial customer connections for supplying water to fountains, irrigation systems and area sprinkling systems, or to any type of continuous flowing or automatically controlled device, shall be made only on the premises where the entire supply of water is furnished through water meters.
(2) 
Residential customers supplying water to free-flowing devices, such as irrigation systems and fountains, must be metered. These devices may be metered separately from the main water meter. A metering inspection permit must be obtained from the CBPU prior to the installation of the meter. An application fee in the amount of $10 will be charged with each permit issued to cover the expense incurred by the CBPU to make the necessary inspections. Failure to comply with this regulation will subject the customer to discontinuance of service.
(f) 
Use of water for heat pumps. Municipally supplied water may not be used to supply the thermal requirements of heat pump-type space heating and cooling.
(g) 
Rules of construction. The following rules of construction apply equally to work being newly installed and to work of repair and replacement and are deemed to be cooperative with and accessory to any ordinance or code currently in effect:
(1) 
Joint construction.
A. 
Water service pipes and house sewer pipes may be laid jointly in the same trench if done according to existing State/County/CBPU regulations.
B. 
Water service pipes and metallic gas pipes may not be laid jointly.
C. 
House sewer pipes and gas pipes may not be laid jointly.
D. 
All jointly laid piping shall be installed so that it is in accordance with the State/County Plumbing Code.
E. 
Where separate trenches are required, a horizontal separation shall be maintained which is in accordance with the State/County Plumbing Code.
(2) 
Excavations and backfill.
A. 
No excavation shall be started until all permits, including street opening permits, have been obtained and the general layout of the work has been carefully planned and agreed upon.
B. 
All unusable paving material, large rocks, masonry, roots and other debris removed during excavation shall be segregated from the clean earth, usable sod and paving materials and removed from the site. No such materials shall be used in the backfill.
C. 
The trench shall be carefully brought to grade with a minimum of excess excavation and a suitable bed for the pipe or pipes prepared from clean sand and gravel from which all large stones and debris has been removed.
D. 
After the pipe has been laid it shall be covered with carefully selected material solidly compacted for a distance of not less than one foot above its top with extreme care being exercised to prevent its disturbance and/or injury.
E. 
The balance of the trench may then be filled and compacted for its entire depth by wetting or tamping, or by a combination of wetting and tamping, with suitable allowance being made for final settlement. The sod shall then be replaced and/or top soil and grass seed used to restore the grassed areas as near as possible to their original condition. Paved areas shall be treated with a temporary surfacing or otherwise, as directed by the City Department of Municipal Services pending final repaving by that Department.
F. 
The CBPU may deny any utility service for failure to adhere to the above requirements.
(3) 
Protection of persons and working area. Ample protection shall be provided for all persons having access to the working area. Protection during construction and protection against possible damage due to settlement or disturbance after construction shall be provided for all adjacent piping, trees, shrubs, walks, curbs, buildings and other structures.
(4) 
Construction of pits and manholes.
A. 
Due to State and Federal regulations regarding confined spaces, the construction of pits and manholes is strongly discouraged for the installation of water and sewer meters, backflow devices, by-passes, etc.
B. 
Due to State and Federal regulations regarding confined spaces, the construction of pits and manholes is strongly discouraged for the installation of water and sewer meters, backflow devices, bypasses, etc. When water/wastewater meters are installed in crawl spaces, the main valve and water/wastewater meter must be accessible from the outside of the crawl space.
C. 
Pits and manholes installed for use in connection with water and house sewer service lines shall be substantially constructed of masonry, with sidewalls not less than six inches in thickness, with suitable conical or reinforced concrete top slabs of ample strength to suit the greatest load to which they may be subjected and with round cast iron manhole rings and covers of equivalent strength.
D. 
Manhole rings and covers shall have clear access openings of not less than 19 inches.
E. 
When required to do so, and in addition to the access opening described above, a similarly constructed round cast iron lamp hole ring and cover, with a clear opening of not less than eight inches, shall be provided and placed as directed. Such openings shall be installed for the purpose of meter reading, hand valve operation, etc.
F. 
Pits or manholes may be round, oval, square or rectangular, with a minimum clear inside dimension of four feet or more.
G. 
The customer shall provide a 1/2 inch rigid or intermediate metal-type conduit from the interior of the meter pit or manhole to a point specified by the CBPU for the remote reader installation.
H. 
All equipment installed within each pit or manhole shall comply with CBPU requirements.
I. 
Water/wastewater meters will not be installed in locations considered confined spaces or that require the installer to crawl under buildings. These locations are an extreme hazard to CBPU personnel. Any additional plumbing required, due to improper location, must be completed by the property owner or his or her plumber, at the property owner's expense, before the water/wastewater meter is installed.
[Ord. No. 511, passed 7-24-1995; Ord. No. 530, passed 5-13-1996; Ord. No. 552, passed 8-11-1997; Ord. No. 576, passed 7-13-1998; Ord. No. 597, passed 7-26-1999; Ord. No. 609, passed 4-24-2000; Ord. No. 636, passed 5-29-2001; Ord. No. 649, passed 5-13-2002; Ord. No. 673, passed 7-28-2003; Ord. No. 681, passed 3-22-2004; Ord. No. 686, passed 6-28-2004; Ord. No. 737, passed 9-14-2009]
(a) 
Water supply taps and services.
(1) 
In general.
A. 
Permits for installing water taps and services shall be purchased by the property owner, or by a licensed master plumber representing the property owner, at the CBPU's general offices.
B. 
The size and location of water taps and service pipes, the size and location of water/wastewater meters that are to be used in connection therewith, and the time that such installations are to be made, will all be determined by the CBPU in conference with the property owner and/or his or her plumber.
C. 
No such installation shall be made during freezing weather or when there is frost in the ground, except upon prepayment of a sum estimated as being necessary to defray the extra expense which may be incurred on account of such freezing weather or frost.
D. 
Water services for corner lots shall be tapped to the nearest water main. By special request and upon prepayment to the CBPU of an amount estimated to represent the extra expense involved on account of the increased distance, permission may be granted for tapping a farther water main.
(2) 
Fees for water taps and services.
A. 
All fees for the installation of new water taps and services may be required to be paid in advance. Fees do not include costs to repair sidewalks and/or curbing.
B. 
Fees for installation in any unpaved streets:
[Amended 3-23-2015 by Ord. No. 784]
For a 1-inch tap with 1-inch service pipe
$1,267
For a 1 1/2-inch tap with 1 1/2-inch service pipe
$1,835
For a 2-inch tap with 2-inch service pipe
Cost
For 4-inch, 6-inch and 8-inch tap and service
Cost
C. 
Fees for installation in any blacktop-paved street:
[Amended 3-23-2015 by Ord. No. 784]
For a 1-inch tap with 1-inch service pipe
$2,355
For a 1 1/2-inch tap with 1 1/2-inch service pipe
$2,815
For a 2-inch tap with 2-inch service pipe
Cost
For 4-inch, 6-inch and 8-inch tap and service
Cost
D. 
A paved street is any street which has been hard-surfaced for any part of its width with brick, concrete, blacktop or other similar materials, either with or without a special gutter or a curb and gutter. The paved street fee applies whether or not it is necessary to remove any part of the pavement in making the water tap or service installation.
E. 
Fees for installation in any paved concrete street and/or concrete street with asphalt surface:
[Amended 3-23-2015 by Ord. No. 784]
For a 1-inch tap with 1-inch service pipe
$3,450
For a 1 1/2-inch tap with 1 1/2-inch service pipe
$3,855
For a 2-inch tap with 2-inch service pipe
Cost
For 4-inch, 6-inch and 8-inch tap and service
Cost
F. 
On the streets where distribution mains have been installed or where other extensions were installed at the expense of the Water Department, the cost for service connections will be based on the CBPU's cost to install a six-inch water main (in dollars per foot), which is revised from time to time. The connection fee to be collected is the revised cost at the time of connection.
G. 
The connection fee is calculated from the width of the property to be served, herein referred to as frontage. The connection fee is based as determined by the CBPU. For a property on a corner lot, the frontage will be for the shorter side.
(3) 
Enlarging or relocating water taps and services. The fee for replacing a smaller water tap and service pipe with a larger one, or for the purpose of relocating the water service, shall be the same as the fee for a new tap and service, plus the cost of removing the tap and service being replaced. No credit will be allowed for any materials which may be recovered from the replaced service. This fee shall be borne by the customer.
New construction water meter sets. When facilities are constructed by a contractor, the electric service may not be transferred from the contractor's name and the construction rate to the property owner's name and a different rate until such time as a water meter has been installed and the water turned on. In the case of residences, if the homeowner is also the builder, no residential electric service shall be established until such time as a water meter has been installed.
(4) 
New residential water services.
A. 
All new construction of single or two-family residences, homes built on lots which have or had water service and homes that change from wells to the public water supply shall be required to be metered. The CBPU will furnish a meter or setting device. The setting device must to be installed by the owner and/or the contractor to CBPU specifications. Water will not be turned on until the meter is properly set and inspected by the CBPU.
B. 
Newly constructed duplex homes must have separate water services to each dwelling unit from the primary water main at the street.
C. 
Construction for water services to multi-customer buildings must have sufficient plumbing to isolate, meter and shut off each customer individually without interrupting service to the other customers.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (a)(5), Meter setting device installations, was repealed 6-22-2004 by Ord. No. 681.
(6) 
Construction of water services and metering.
A. 
Per the fee schedule, the CBPU will install a suitable main connection, a service pipe, and a curb stop or gate valve with an access box located at a point which would normally be placed between the sidewalk and the curb, shoulder, easement or right of way. From this point the plumber/owner shall install the house service pipe. Water service connections must be made only to water mains maintained by the CBPU. Water connection location must meet CBPU approval. Water connections for domestic use are prohibited from private fire protection systems. This requirement is necessary to provide better quality water for domestic use.
B. 
The customer's service pipe shall be equal in size or not to exceed one size larger than the pipe from the main and shall be carefully installed in accordance with the best water works practice, with not less than five feet of earth cover for its entire buried length. If warranted, the customer's service pipe can be smaller than the service from the main upon the approval of the CBPU. All new water services shall be one inch or larger.
C. 
Water service pipes shall be terminated with an approved valve in approved frostproof basements, cellars, pits or manholes, into which they are to be carried continuously at a depth of not less than five feet.
D. 
In houses and other buildings that are constructed without basements or cellars and where adequate provision can be made for protection against freezing, even should the building be unheated for extended periods of time, the following alternative method of terminating house water service pipes is permissible: The house service pipe shall be run in under the floor slab of the building at a depth of not less than five feet. It shall then be brought up through the floor slab, with a long bend, and terminated with an approved valve located not less than six inches or more than 10 inches, above the floor. All required frost protective measures shall be installed at the time the service pipe is placed and before the work is finally approved for use.
E. 
Each new or rebuilt water service shall be provided with metering connections adjacent to the valve. Provision shall be made for a meter placement for each unit of building occupancy and each such meter placement shall be provided with its own valve in addition to the main valve.
F. 
Meter bars or horns will be furnished by the CBPU for installation with all new and rebuilt water services. Meter or meter bar installations must have one valve before and one valve after the meter or meter bar. Such services will not be turned on until the meter bar is installed properly.
G. 
All entrance and meter piping shall be carefully installed in a neat, workmanlike manner and shall be adequately supported so that no undue strains may be placed upon the pipes, valves and/or meters.
H. 
Minimum clearances must be maintained between the back wall and wall side edge of the meter being installed. There must also be a minimum clearance of six inches from the bottom of each meter to the floor and a maximum height of 48 inches from the floor.
I. 
All water/wastewater meters are to be installed as close as is practical to the main shut-off valve inside the building. The main valve itself is to be located as close as practical to the point of entry into the building.
J. 
The following clearances must be maintained for proper installation of water/wastewater meters and meter bars:
Wall Clearance
Floor Clearance
Meter Size
(inches)
Minimum
(inches)
Minimum
(inches)
Maximum
(inches)
5/8 x 3/4
4
6
48
3/4
5
6
48
1
6
6
48
1 1/2
7
6
48
2
8
6
48
3
9
6
24
4
10
6
24
6
12
6
24
8
14
6
24
K. 
All new water meter installations three inches and above shall be furnished with a meter bypass. When a meter by-pass is installed, the drawing below must be followed. There must also be a sixteen-inch clearance maintained over the meter if a by-pass is installed above meter. No by-pass can be installed on the front side of a meter. The area below or behind the meter is the preferred location for a by-pass. Water/wastewater meter installations three inches or larger in size may be furnished with a screen. The meter bypass shall be locked or sealed by the CBPU. If the seal is broken for emergency situations, the CBPU must be notified immediately.
1044 Water Meter.tif
L. 
No water/wastewater meters shall be installed in basements, cellars or pits that are not equipped with approved access ladders or stairs, nor in any manner that the meter reader will be required to lift excessively heavy manhole covers or other equipment, or to climb into and out of difficult places, and the area in front of meters must be kept clear at all times in order to gain access to them.
All water/wastewater meters in pits or manholes must be equipped with a remote reader.
M. 
Where a water service pipe enters through a basement, cellar, pit or manhole wall, or through a masonry floor, it shall be provided with an approved sleeve, properly joined and pointed with the masonry and thoroughly caulked with a suitable caulking mixture to form a good workmanlike protection for the pipe. Where the pipe enters through the floor, the sleeve shall extend above the finished surface of the floor for a distance of not less than four inches.
N. 
The point of entrance of the water service pipe into the basement, cellar, pit or manhole shall be carefully selected as to suitability and shall at all times be kept free and clear of objectionable storage materials such as coal, wood, oils, waste materials and similar items detrimental to the water service equipment and/or limiting access thereto.
O. 
Confined space water/wastewater meter locations. Water/wastewater meter installations in crawl spaces or other confined spaces must have CBPU location approval before installation of the water/wastewater meter.
(7) 
Water supply service materials. Materials for the construction of new and the replacement of old water supply services and private water systems are limited to the following, with full preference being given to a material selection harmonious with the CBPU's material selection for such construction from the main to the curb stop or gate:
A. 
Cold drawn, soft-annealed seamless copper service pipe, in 3/4 inch, one inch, 1 1/2 inch and two-inch sizes only, of proper bending temper, U.S. Government Type K, specification WWT-799, with approved flanged, flared or soldered-type bronze connections. Each run of pipe shall be, so far as practicable, in one continuous length, free from joints and splices.
B. 
For two-inch size and larger, copper service pipe of the type specified in paragraph (a)(7)A. hereof, or an American Water Works Association specification bell and spigot, mechanical, or push-on type joint ductile or cast iron water main, designed for not less than 150 pounds water working pressure.
(8) 
Electric continuity. All water systems and services are required to be electrically continuous. Each pipe or fitting shall be electrically bonded to the adjacent pipe or fitting.
(9) 
Taps and services under paving.
A. 
Before any paving is laid or relaid in the City, the CBPU may, at its option, extend a suitable water service pipe to the sidewalk in front of each abutting property not then so provided, the owner of the property being charged with the tap fee that is applicable to such an installation in an unpaved street. If this fee is not paid upon installation, the tap fee charge may be increased to that fee applicable to a paved street. This increased fee shall be paid in full before service may be taken from the connection so provided.
B. 
The CBPU shall in no way be held liable for the failure to extend any water supply service in this manner preceding paving or repaving.
(10) 
Frozen water/wastewater meters. CBPU water customers may be charged a service fee of $25 plus the cost of parts to repair frozen water/wastewater meters.
(11) 
Private water wells. No person shall install, construct, develop, maintain or use a water well within the City of Coldwater except as provided by § 1040.05 of the Codified Ordinances.
[Added 3-23-2015 by Ord. No. 784]
(b) 
Water leakage.
(1) 
No water customer shall permit his or her water supply pipes, connections or fixtures to be out of repair so that water leakage can occur. Failure to do so may result in discontinuance of service. The CBPU may charge a customer an estimated amount for water wasted because of a leak if not repaired in a reasonable time.
(2) 
The CBPU may, as its discretion, adjust a metered billing for water and wastewater due to an unknown leak on the customer's premises, after repairs have been made.
(3) 
No water supply pipes, connections or fixtures shall be installed unprotected from frost, in unheated rooms or apartments, on outside uninsulated walls or in any other manner so that water must be left running to prevent freezing.
(4) 
Where water is used for filling tanks or other receptacles, an automatic float valve shall be provided so that when the tank or receptacle is full of water the supply shall positively be cut off.
(c) 
Cross connections.
(1) 
Act 399 of the Public Acts of 1976, the Michigan Safe Drinking Water Act, prohibits cross connections with any public water supply.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (c)(2) was repealed 5-13-1996 by Ord. No. 530.
(3) 
See Section 1040.04.
(d) 
Curb boxes. No unauthorized person shall open or attempt to open any curb or gate box. No unauthorized person shall cover or conceal any curb or gate box. At any time it is desired to change the surface grade near any curb or gate box, the CBPU shall be given proper notice so that the box grade may be changed to correspond.
(e) 
Operation of fire hydrants.
(1) 
Private hydrants.
A. 
The operation by the owner of privately owned fire hydrants for other than fire fighting purposes is prohibited, except when any one of the following requirements are met:
1. 
Written permission is obtained from the Director of the CBPU.
2. 
Verbal permission is obtained by the office of the Water Superintendent less than 12 hours prior to actual hydrant operation.
3. 
Arrangements are made to have a CBPU representative present during operation.
B. 
In all cases, a properly sized hydrant wrench must be used.
(2) 
CBPU hydrants.
A. 
CBPU fire hydrants shall be operated by authorized personnel of the Fire Department, the Street Department and the CBPU, and such others as may be authorized by the Director of the CBPU from time to time.
B. 
When water is required for construction purposes, etc., and other means of obtaining water are not readily available, application may be made to the CBPU for use of water from an existing fire hydrant. It will be the responsibility of CBPU personnel to install a meter complete with a sill cock for the attachment of a garden hose or fire hose, if applicable, on the fire hydrant and to turn the hydrant on.
C. 
As soon as the use for which the meter was set is completed, CBPU personnel will close the hydrant, check for proper "drain back" and remove the meter.
D. 
It will be the responsibility of the person requesting the use of temporary water to pay for the installing, removing and turning on and off of the hydrant and the water used and any damage, loss or theft which may result from such temporary use of hydrants, as follows:
1. 
Installation, removal and operation of the fire hydrant: $40 labor during normal working hours.
2. 
Water will be charged at the standard rates as published.
E. 
If more than one location is required, the same meter will be relocated and the above rate will apply to such location and installation.
(f) 
Use of shut off keys. No unauthorized persons are permitted to use operating wrenches, curb stop keys or gate keys on any curb stop, gate valve or fire hydrant.
(g) 
Cleaning of service pipes. When water customers experience low pressure or stoppage of flow, the CBPU shall take steps to restore proper service. Under the direct supervision of the customer's master plumber, the CBPU shall use the clean-out equipment necessary. The CBPU shall not be liable for any damage resulting from such cleaning of the water service. A homeowner may waive the requirement to have a master plumber present by signing a "release of responsibility" form.
(h) 
Excess pressure. No person shall use any pump, ram or other device on any piping system connected with the water piping system, which is capable of producing a pressure in excess of the normal water pressure, unless a representative of the CBPU is present and is in direct charge of the work.
(i) 
Grounding of electrical circuits.
(1) 
Where electric light and power circuits, communication circuits and radio systems are grounded to the water service pipes, such connections shall be made mechanically and electrically secure and shall be in accordance with the grounding provisions of the National Electrical Code.
(2) 
All such ground connections shall be made to the service pipe where it enters the building and on the street side of the first valve or fitting.
(3) 
Any person who removes such ground connection for work in or about the plumbing or electrical system of the building shall do so only after taking proper safeguards against the hazards involved and shall, upon completion of his or her work, re-establish such connections in accordance with the provisions outlined above.
(j) 
Lawn sprinkling; emergency restrictions.
(1) 
Except by special permit to do so, no unmetered customer shall operate or permit the operation of any lawn sprinkling device of any nature whatsoever between the hours of 10:00 p.m. and 4:00 a.m. or during such other hours as the CBPU may from time to time direct.
(2) 
In the event of an emergency, the CBPU reserves the right to place any restriction that it deems necessary on the use of City water so that the health, safety and other interests of the water users and of the water supply systems may be safeguarded.
(k) 
Prohibited uses. Water customers shall not use water for any other purposes than that for which payment has been made, nor permit others to do so.
(l) 
Disconnecting; sealing; reclassification of service.
(1) 
Unmetered water rates on two-family units are based upon the number of living units connected for use. When it is desired to avoid payment of the rate on any unit, it is necessary to have the unit completely and effectively disconnected or, at the option of the customer, a water meter may be installed.
(2) 
When, in the judgment of the CBPU, it is undesirable to require such a disconnection, the CBPU may agree to seal or lock such units where the customer makes satisfactory provisions for such sealing or locking. Costs involved in such sealing or locking may be chargeable to the customer.
(3) 
Any unauthorized breaking of any such seal or lock by or for the customer shall constitute sufficient ground for denying him or her further sealing and locking privileges and can subject the customer to a charge for the back billing of up to six months.
(4) 
There may be situations where remodeling of the property is to such an extent that the extra unit is eliminated, while retaining some plumbing fixtures. When this has been accomplished, the property may be reclassified by the CBPU as a single-family residence after inspection by the CBPU and the approval of CBPU management.
(m) 
Residential metered services.
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (m)(1) was repealed 6-28-2004 by Ord. No. 686.
(2) 
If a meter horn or meter setting device is already present in the proper location, the CBPU will install the meter and run meter wire at no cost. Otherwise, the customer is responsible for installing a meter horn or meter setting device.
(3) 
Any residential complex containing three units or more must be metered either individually or centrally metered to register all units.
(n) 
Water main extension policy.
(1) 
Subject to the CBPU's specific approval for each such extension, water mains may be extended into areas not provided with water mains for the purpose of supplying fire protection and normal water service to the residents and property owners of such areas, provided that:
A. 
The water production, treatment and/or pumping facilities are ample and adequate to supply the additional quantity and quality of water at pressures and rates of flow that are anticipated as being required to properly supply the new area.
B. 
The transmission and distribution mains which will carry water to the new area are sufficient in size and capacity to do so without in any way deteriorating the water service to those presently connected and served by such mains.
C. 
Such water main extensions will be made only in public streets and/or right of ways provided for public utilities and after acceptance by the CBPU, the water lines will become part of the public municipal system.
(2) 
The CBPU may contract with subdividers to extend water mains in privately owned streets where such streets are for common use and/or may be destined at some future date to become public streets. However, all water main construction must meet the specifications of the utility. The subdivider may also be required to pay the cost of CBPU inspection services or contracted inspection services in order to assure compliance with CBPU specifications.
(3) 
It is the purpose of this subsection to prohibit the installation of water mains on privately owned properties with any part of the cost of such water mains being paid for by the Water Department. Extensions to supply fire protection service in factory yards and to supply water service to properties built in off-street areas with private or semi-private entrance drives are included in this category.
(4) 
This policy does not apply to water main extensions to be made outside of the corporate limits of the City.
(5) 
Except that the CBPU may especially contract otherwise, all water mains installed under this policy shall be the property of the CBPU, even though the cost of such installation may be borne in part or in total by others than the CBPU, and the CBPU shall be responsible for their operation, repair and maintenance throughout their life.
(6) 
New residential subdivision developments may be charged the eight-inch water main cost even though the CBPU may determine that larger mains are required for the hydraulic or other needs of the system.
(7) 
The full cost of water main extensions to other than new residential subdivisions shall be paid by the benefiting adjacent property, unless the utility's board of directors determines that the increase in size is in the best interest of the utility and its customers.
(o) 
Watermain installation policy.
(1) 
Any contractor installing new water main extensions to the Coldwater Board of Public Utilities' water system is prohibited from operating any gate valves, fire hydrants or other equipment. All requests for flushing of newly installed water mains, fire hydrants, fittings or related equipment must be requested at least three days in advance. Board employees shall perform all flushing of water mains and will coordinate work with contractor before such work will proceed. The Board reserves the right to restrict or reschedule the timing of this work due to other activities (such as hydrant flushing, freezing temperature, and the like) occurring simultaneously.
(2) 
The Board shall witness all pressure testing of newly installed water main in accordance with American Water Works Standard C600-93. A copy of the successful test will be retained by the utility and a copy will be provided to the contractor if requested.
[Ord. No. 511, passed 7-24-1995; Ord. No. 530, passed 5-13-1996; Ord. No. 552, passed 8-11-1997; Ord. No. 609, passed 4-24-2000; Ord. No. 618, passed 10-9-2000; Ord. No. 629, passed 4-9-2001; Ord. No. 636, passed 5-29-2001; Ord. No. 649, passed 5-13-2002; Ord. No. 673, passed 7-28-2003; Ord. No. 674, passed 8-25-2003; Ord. No. 683, passed 4-26-2004; Ord. No. 686, passed 6-28-2004; Ord. No. 698, passed 10-24-2005; Ord. No. 709, passed 2-12-2007; Ord. No. 712, passed 7-23-2007; Ord. No. 737, passed 9-14-2009]
(a) 
Flat rate service.
(1) 
Monthly charges. Flat rate residential service:
Water
$12.84
Wastewater
$15.75
Total
$28.59
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (a)(2), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(3) 
Unlisted uses. Rates for any use not listed herein will be specially computed or the entire service will be billed at metered rates.
(4) 
Restricted use of flat rates. Flat rate water and wastewater service is no longer available.
(5) 
Partial period billing. Billing for flat rate water and wastewater service for partial months shall be calculated by prorating the amount on a daily basis.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (a)(6) was repealed 2-12-2007 by Ord. No. 709.
(7) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (a)(7), Terms and form of contract, was repealed 7-28-2003 by Ord. No. 673.
(8) 
Availability. Effective September 30, 2003, any residence currently served under this rate will be required to convert to the metered water and wastewater rate within 90 days of a transfer of ownership in the property or request for service in another name. All costs for plumbing changes to accommodate a water meter will be the sole responsibility of the customer. The water service will be subject to disconnection if a water meter is not installed within the ninety-day period, as required by this policy.
(9) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection (a)(9), Delayed conversion penalty charge, was repealed 4-26-2004 by Ord. No. 683.
(b) 
Multi-family residential service.
(1) 
Application. It is the intent of the CBPU that water sold to all users be metered and billed at the following rates.
(2) 
Meter arrangements; exemptions.
A. 
It is required that the water piping in buildings of multiple occupancy be so arranged that the water supplied to each user may be separately controlled and metered at a central point, usually in the basement, in accordance with Section 1040.03.
B. 
In existing residential properties, where this has not been done, a single meter may be installed to serve the several users jointly, in which case the readiness-to-serve charge for water and wastewater service shall be based on the number of such users times the readiness-to-serve charge. Mobile home parks, recreational vehicle parks and nonprofit multiple housing projects are exempt from the multiple use rule.
(3) 
Readiness-to-serve charges.
Meter Size
(inches)
Water
Wastewater
Total
5/8
$2.70
$10.34
$13.04
3/4
$3.78
$14.31
$18.09
1
$6.75
$25.21
$31.96
1 1/4
$10.53
$34.13
$44.66
1 1/2
$15.12
$43.05
$58.17
2
$27.00
$62.87
$89.87
3
$60.75
$99.54
$160.29
4
$102.60
$198.65
$301.25
6
$232.20
$347.32
$579.52
8
$364.33
$495.98
$860.31
10
$550.19
$644.65
$1,194.84
12
$760.30
$842.87
$1,603.17
(4) 
Consumption charge.
A. 
The first 1,000,000 gallons used per month per 1,000 gallons:
Water
$1.68
Wastewater
$1.00
Total
$2.68
B. 
For all in excess of 1,000,000 gallons per 1,000 gallons:
Water
$1.48
Wastewater
$1.00
Total
$2.48
(5) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection (b)(5), Delayed payment charge, was repealed 7-28-2003 by Ord. No. 673.
(6) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection (b)(6), Terms and form of contract, was repealed 7-28-2003 by Ord. No. 673.
(7) 
Township customers. The rate for Township customers shall be 150% of the established monthly City rates, as referenced in the City of Coldwater/Township franchise agreements.
(8) 
Water fill station. Water is available for filling tankers for construction, filling swimming pools, etc., at the water treatment plant. A $10 charge will be assessed every time a tanker is filled, with a minimum charge of 1,000 gallons. The cost of the water is the same as the current metered consumption charge per 1,000 gallons. A deposit may be required at the time of filling. Water is available between the hours of 8:00 a.m. and 3:45 p.m., Monday through Friday. No tankers will be filled after 3:45 p.m. unless prior arrangements have been made.
(9) 
Swimming pools. Pools will be filled during normal working hours. Cost is determined by the water used at published rates per 1,000 gallons plus $120 for labor to fill the pool. Any pool filled after normal working hours is by special arrangement only and labor cost will be $180. The cost for pool filling will be invoiced to the service location utility bill.
(10) 
Fire hydrant water meters.
A. 
Minimum monthly charges:
Meter Size
(inches)
Charge
3/4
$10.00
3
$7.50
B. 
Consumption charge: $1.73 per 1,000 gallons.
(11) 
No credit will be issued for wastewater charges based on water consumed for lawn sprinkling or flushing from a fire hydrant which was registered by a meter utilized for billing combined water and wastewater consumption.
(c) 
Private fire protection service.
(1) 
Dedicated service.
A. 
Owners or occupants of public, private, institutional, commercial and/or industrial properties who are regular customers of the Water Department may install and connect to the distribution system suitable pipes for the purpose of supplying water to private installations of fire hydrants and/or automatic fire protection sprinkler systems for the protection of their property. No plastic or steel pipe will be allowed for underground water or fire protection systems.
B. 
All such installations shall require a permit, be in a manner acceptable to the CBPU and include a control valve, located adjacent to the property line, installed by the CBPU. Private fire protection services are required to extend from the public distribution system directly to the fire protection system with no intermediate connections for domestic use. No connections are allowed to any portion of a fire protection system to provide domestic water supply. All new water suppression lines will require a detector check to detect flow and must be wired to a remote reader.
C. 
The customer, at his or her own expense, shall furnish and install a Michigan DEQ-approved, reduced-pressure backflow preventer on a dedicated or nondedicated fire suppression line.
D. 
Installations involving not more than five conventional fire hydrants only which are placed in the yards about a building and which are so installed for the use and convenience of the Fire Department, not for use by the customer, may be made without a swing check valve, provided that nothing other than the fire hydrants are connected to the installation and that all of these are so located that they may be readily inspected by the CBPU's representatives. No such installation shall have a supply pipe that is more than eight inches in internal diameter or that is larger than the street main to which it is connected.
E. 
No service connection or cross connection of any sort shall be made to such fire protection installation for any purpose whatsoever.
F. 
Charges for fire suppression line flushing or testing. Charges for flushing fire suppression lines, testing fire booster pumps, etc., will be based on a pitot gauge reading.
The pitot gauge reading, in GPM, times the number of minutes the line is flushed or the pump is run, along with labor and equipment costs will be charged to the owner, contractor, or fire sprinkler contractor. CBPU personnel will take the pitot gauge reading. The CBPU will also provide documentation of calculated usage if requested.
(2) 
Nondedicated service.
A. 
Domestic/industrial service lines may be used for limited fire suppression systems when no more than six sprinkler heads will be connected.
B. 
When a domestic/industrial service line is used, the supply line for the fire protection sprinkler service shall be taken off the supply side of the water/wastewater meter. This line shall be provided with an approved gate valve for isolation purposes. The operation of this valve shall be the responsibility of the property owner.
C. 
Prior to the connection of any limited area fire suppression system to any domestic/industrial service line, a permit shall be obtained from the CBPU. Permit approval shall be based on a usage/supply profile being approved by the CBPU and a system plan approval by the Building Department and the CBPU Cross Connection Inspector.
D. 
The customer, at his or her own expense, must furnish and install a Michigan DEQ-approved, reduced-pressure backflow preventer on a dedicated or nondedicated fire suppression line.
E. 
The customer will provide and install, before final inspection, labeling to be placed on the fire line with the wording "Fire Line - No Domestic Usage."
(3) 
Rates.
A. 
The following monthly charge shall be made for all such sprinkler service installations. Service cost is determined by pipe size where it enters the building foundation.
For each 1/2-inch - 2 1/2-inch connection:
$2.62 per month
For each 4-inch connection:
$10.48 per month
For each 6-inch connection:
$23.59 per month
For each 8-inch connection:
$41.93 per month
For each 10-inch connection:
$65.52 per month
For each 12-inch connection:
$94.35 per month
Customer-owned fire hydrants:
$13.12 per month
B. 
The above rates include the use of all water needed to fight fires, to drain and refill the system for testing purposes and to care for normal nonpreventable leakage that may accrue to the system.
(4) 
CBPU liability. The Coldwater Board of Public Utilities assumes no liability for damages resulting from the turn-off of any fire protection service for nonpayment, repair or unauthorized use.
(d) 
Fire hydrants and municipal services.
(1) 
Fire hydrants. Monthly charge per hydrant: $12.62.
(2) 
Municipal building use. The Coldwater Municipal Building, Public Safety Building, Municipal Services Department Building and other buildings of the City that are supplied water and wastewater services will be billed at the regular schedules for metered service as are other users of these services.
(3) 
Municipal use (non-BOD). The monthly rate for Municipal wastewater use for environmental remediation purposes where the disposal of virtually clean groundwater is required shall be as follows:
A. 
Minimum charge: None.
B. 
Consumption charge. For all metered usage per 1,000 gallons: $0.49.
[Ord. No. 511, passed 7-24-1995; Ord. No. 552, passed 8-11-1997; Ord. No. 576, passed 7-13-1998; Ord. No. 609, passed 4-24-2000; Ord. No. 636, passed 5-29-2001; Ord. No. 649, passed 5-13-2002; Ord. No. 683, passed 4-26-2004; Ord. No. 686, passed 6-28-2004; Ord. No. 709, passed 2-12-2007]
(a) 
Sewer taps; construction of building sewers.
(1) 
In general. Historically, the sanitary sewers in the City were generally constructed by the City and turned over to the CBPU for operation and maintenance. Therefore, the original construction quality, records and/or locations of sewers are in no way related to the judgments of the CBPU. The CBPU assumes no liability for the same.
(2) 
Sewer tap connection and inspection permits required; CBPU liability.
A. 
Sewer tap connection and inspection permits may be obtained by the property owner and placed in the hands of a licensed master plumber by an owner acting under State/County permit as his or her own plumber or by a licensed master plumber acting as agent for a property owner, upon payment of the proper fee.
B. 
Such information that the CBPU may have relative to sewer tap locations, lateral locations, sewer sizes and grades is available to the public. However, the CBPU will assume no liability for the accuracy of such information.
(3) 
Inspection fees.
A. 
In addition to all regular and special assessments levied for sewer construction purposes, an inspection fee of $35 shall be paid by every person making application for a new sewer tapping permit. This fee shall cover the expense incurred by the CBPU in making the necessary inspection of the connection to the wye, stub lateral, manhole or main. All sewer inspection permits must be obtained prior to excavation or installation.
B. 
A similar fee shall be paid for similar inspections of sewers being rebuilt or relaid involving reconnection to the City-provided lateral, wye or manhole.
C. 
The applicant shall notify the CBPU immediately after connection when the sewer is ready for inspection. Failure to have the sewer inspected is a violation of Chapter 1042 and subjects the applicant to civil penalties and fines. Such violation will require the applicant to re-excavate the site of the connection for inspection and may result in additional inspection charges.
(4) 
Connection fees. Properties which are not located within the limits of a special sewer assessment district and which have never been assessed for or otherwise provided with a sewer connection may, by prepayment to the City Clerk of a sum that the City Council may set, be permitted such benefit, provided that all expenses of the construction of such connection be borne by the owner of that property. All details of such construction and connection shall be subject to the approval of the CBPU.
(5) 
Stubbing laterals.
A. 
In connection with the construction of new sewers and with old sewers, prior to the paving or repaving of any street, the City Engineer or the CBPU, at their option, may extend such sewer taps or laterals that in their judgment appear necessary from the main sewer to the curb. The entire cost of such work shall be charged to the owner of the benefiting property, and the charges shall be collected by special assessment in the event they remain unpaid for one year following their installation.
B. 
The CBPU shall in no way be held liable for failure to extend any sewer tap or lateral as outlined above.
(6) 
Inspection of sewer connections.
A. 
In addition to assisting the property owner or his or her agent in planning the layout of each proposed new sewer connection the work will be given field inspections.
B. 
The inspection will be made at the time the connection is made with the wye connection, riser or lateral at the street sewer.
C. 
The owner or licensed master plumber named in the tapping permit shall notify the CBPU of the readiness of the work for inspection and the CBPU will, within 24 hours, exclusive of Saturdays, Sundays and holidays, make such inspection as required.
D. 
The CBPU may, from time to time, make such other inspections of the work as are deemed necessary and, upon disapproval of any part of the work by the inspector, all work on the sewer shall be stopped until the proper correction has been made and its approval obtained.
(7) 
Point of connections; locating wye or lateral connections.
A. 
Connections shall be made to the street sewer only at a wye or lateral which has been provided for such purpose. In the event that no such point of connection has been provided, or that the connection cannot be found or is found to be inaccessible, special permission may be issued by the CBPU to tap the main sewer with a new connection, the work of making such a tap shall be performed to the satisfaction of the CBPU's inspector.
(8) 
Tapping a standing or vertical riser. Where it becomes necessary to tap a standing or vertical riser connecting with a deep sewer the following method of construction shall be employed:
A. 
The stopper shall first be removed and the riser carefully inspected by means of a light lowered through its entire length. If it is found to be defective, the CBPU will repair or replace the riser before further work is performed.
B. 
On the top of the riser, with its branch turned to properly face the run of the house sewer, there shall be placed a wye-branch with one opening looking up. Vertically from this top opening there shall be installed a clean-out stack, the top of which, properly stoppered, shall be brought to the surface of the roadway.
C. 
It shall be the responsibility of the homeowner or contractor to construct the riser connection; however, the CBPU will provide the riser casting and cover. Maintenance of the riser will become the CBPU's responsibility after construction which will include normal repairs, root cutting and cleaning.
(9) 
Construction of sewers.
A. 
Building sewers shall be constructed of socket-type premium joint vitrified clay tile, approved cast iron soil pipe or S-40 PVC or PVC ASTM D3034 (SDR35) approved plastic pipe. The CBPU will consider other plastic pipe specifications on an individual basis. All installations shall be sized and constructed to meet the Plumbing Code and the CBPU's Standard Rules and Regulations. For all new construction, each individual dwelling/business shall have its own independent sewer lateral constructed from its own sewer wye connection at the main sewer.
B. 
The building sewer shall begin at the main sewer in the street, or at the end of the stubbed lateral provided for such purpose, and extend as near as possible in a straight line from that point to the point of connection with a clean-out opening, located just within the wall of the building, from which point the building sewer may be effectively rodded and cleaned for its entire length. The CBPU also encourages the installation of a clean-out just outside a building wall or foundation. Any pipe bends greater than 45° shall require installation of a clean-out extended to the finished grade and easily accessible for maintenance purposes.
C. 
It is the owner's responsibility to insure the integrity of the existing lateral before a connection is made.
(10) 
Cast iron piping. Sewers constructed of cast iron shall meet all of the requirements of the Plumbing Code.
(11) 
Plastic piping. Sewers constructed of plastic must be S-40 PVC or PVC ASTM D3034 (SDR35) and comply with commercial standards to meet all requirements of the Plumbing Code. The CBPU will consider other plastic pipe specifications on an individual basis.
(12) 
Concrete encasements and supports. Concrete for the encasement and support of sewer pipes shall meet the requirements of the Plumbing Code and CBPU approval.
(b) 
Septic and nonseptic waste disposal. Septic and non-septic wastes that comply with the CBPU's septage receiving plan may be accepted for disposal at the wastewater treatment plant at the following rates. A deposit may be required at the time of dumping.
Septic and non-septic tank waste: $0.085 per gallon.
(c) 
Trucked waste.
(1) 
The CBPU may accept trucked waste at its wastewater treatment plant, provided that the material is compatible with the removal processes at the wastewater treatment plant.
(2) 
Charges for receiving and processing the waste material will be based on the current wastewater rates and the strength and amount of material delivered. The CBPU reserves the right to require sample testing of the material.
(3) 
Prior approval and arrangements must be made before the acceptance of any trucked material.
(d) 
Separation of storm and sanitary sewers. No roof water, surface drainage or storm water drainage from any point shall be admitted to or connected with any sanitary sewer. No sanitary sewer waste shall be admitted to or connected with any storm water sewer. The two systems must be kept entirely separate.
(e) 
Prohibited connections. No sewer connection shall be made to any septic tank, privy vault, outhouse or cesspool, to any source of prohibited waste or directly with any part of the City water supply system.
(f) 
Connections and openings below ground level.
(1) 
Except as specified below, no sewer openings or connections shall be installed below the overflow or relief point of any street sewer.
(2) 
By special permission, closets, urinals, floor drains, laundry tubs, sinks and such other sewer connections as the CBPU may deem permissible may be installed below the overflow or relief point of any street sewer when each such connection is equipped with an approved, readily accessible back-water valve, properly installed and properly maintained, so as to prevent the backing up of sewage in the event of stoppage, or when such fixtures are drained to an approved sewage sump which is equipped with proper venting and automatic sewage removal facilities.
(g) 
Stoppage of house sewers; CBPU liability.
(1) 
Removal of stoppages and repairs to house sewers is the responsibility of the property owner. In the event that trouble is found in the wye connection at the street sewer or in vertical risers extending therefrom, the property owner shall establish that fact to the satisfaction of the CBPU, which shall then cause proper repairs to be made at the expense of the CBPU.
(2) 
The CBPU shall not be held liable for any expense incurred by the property owner in repairing or removing stoppages in house sewers or for any expense incurred by him or her in satisfying the CBPU that such damage or stoppage lies within that portion of the sewer system maintained by the CBPU.
(3) 
The CBPU is not responsible for plumber/sewer cleaning contractor's expense incurred by property owner/renter for a sewer backup on the main sewer if the CBPU is not contacted prior to the plumber/contractor being called.
(4) 
Plumber/contractors are required to contact the CBPU whenever a customer's sanitary sewer lateral is being replaced within two feet of the mainline sanitary sewer. The CBPU will then have a representative present until all work within the concerned area is completed satisfactorily.
(h) 
Grease traps. To ensure protection of the Municipal sewer system, commercial and/or institutional restaurants and food service customers may be required to install a grease trap.
(i) 
Use of sewers. Refer to Chapter 1042.
(j) 
Preventative maintenance. The CBPU may enter into an agreement with commercial, institutional, industrial or governmental customers to establish a preventative maintenance agreement and payment procedure for regularly scheduled maintenance/cleaning of sewer and storm water lines.
[Ord. No. 576, passed 7-13-1998; Ord. No. 597, passed 7-26-1999; Ord. No. 609, passed 4-24-2000; Ord. No. 649, passed 5-13-2002; Ord. No. 673, passed 7-28-2003; Ord. No. 686, passed 6-28-2004; Ord. No. 709, passed 2-12-2007; Ord. No. 737, passed 9-14-2009; Ord. No. 753, passed 6-27-2011]
(a) 
Rules and regulations for services.
[Amended 6-28-2004 by Ord. No. 686; 6-27-2011 by Ord. No. 753; 3-23-2015 by Ord. No. 784; 11-12-2018 by Ord. No. 816]
(1) 
Fees and charges. Upon acceptance by the CBPU of the customer's application for service, the customer shall pay to the CBPU the applicable monthly service fee, all equipment deposits, any equipment lease fees or purchase costs, installation fees, connection fees, and any other fees or charges due the CBPU. Any service, lease maintenance, purchase, installation, equipment deposits and other charges for which the customer is obligated shall be payable in advance.
(2) 
Equipment deposit. A deposit equal to the replacement cost of all utility-supplied equipment may be required from a customer at the time formal application is submitted for service.
(3) 
(Reserved)
(4) 
Equipment return.
A. 
Whenever service is terminated, the customer shall return any utility-supplied equipment, such as a set top or modern, to the CBPU. If the returned equipment is found not to be in satisfactory working condition, or if said equipment has been opened, tampered with, defaced or damaged (normal wear and tear excepted), the customer shall be invoiced for any repair or replacement costs.
B. 
Notwithstanding any other provision contained in this Chapter 1044 to the contrary, all equipment provided is and shall remain the property of the CBPU and must be returned to the CBPU at any time service is terminated or discontinued. Failure to return utility equipment after service is terminated or discontinued shall result in a charge being assessed to customer's account.
(5) 
Right of access. The customer grants permission for the CBPU, its agents, servants and employees, to enter upon the property for the purpose of installation, inspection, maintenance, testing and repair of the equipment and service.
(6) 
Ownership of equipment and materials. All equipment and materials furnished by the CBPU shall remain the property of the CBPU.
(7) 
Warranties and repairs. Any equipment or service rendered to the customer is subject to no warranties from the CBPU, either expressed or implied. The customer agrees to pay the CBPU for any repairs to its equipment and facilities at the CBPU's applicable rates.
(8) 
Responsibility for CBPU's property. The customer agrees not to tamper with any of the CBPU's wiring or equipment, to extend lines, or alter in any manner any CBPU property. The customer shall adequately safeguard all CBPU property upon the customer's premises from alteration and abuse by others, and that he will not hire or permit anyone other than authorized CBPU personnel to perform any work on CBPU property, equipment and facilities.
(9) 
Penalties for unauthorized service. CBPU has sophisticated monitoring equipment that allows detection of illegal reception of signals. This illegal reception often causes signal quality problems for paying customers. To minimize potential problems, the CBPU regularly audits the system to detect such reception. If unauthorized service is discovered by the CBPU, the cost will be billed to the customer including an estimated cost of the services illegally delivered, and including the cost of inspection, investigation, reconnection and cost of repair to CBPU facilities, all of which must be paid in full before service can be reestablished or restored.
(10) 
Monthly service charges. Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the customer has applied and received, and is subject to change without formal notice by CBPU to the customer.
(11) 
Limitation of CBPU's liability. The CBPU, its agents, servants, or employees shall not be liable or responsible for any damage or injury to the property of the customer occurring during installation or maintenance of facilities, including, but not limited to, outlets, connectors, converters, etc., to provide and/or maintain service to customer.
(12) 
Disclaimer regarding programming content or changes. The CBPU shall not be responsible nor liable for programming content, nor for any changes, additions, or deletions in its programming or time schedule associated therewith.
(13) 
Interruption or discontinuance of service due to use of non-CBPU facilities. In order to provide service, the CBPU shall occasionally make use of poles owned in whole or in part by others. The continued availability of such poles and infrastructure is not guaranteed. In the event the continued use of such poles is denied for any reason, the CBPU will make every reasonable effort to provide service over alternate routes and facilities. The CBPU shall not be liable if the service provided to the customer is interrupted or discontinued for this reason.
(14) 
Approval of equipment. The CBPU reserves the right to approve or disapprove for use in connection with the municipal utility system, any wiring, equipment, appliances, fixtures, motors or any other devices that are presently in use or that are offered for use in connection therewith. Should any of the same be disapproved, their use shall be disconnected at once, either permanently or until corrective measures have been taken. Failure to comply with orders to discontinue the use of or to apply corrective measures to disapproved equipment shall be deemed just cause for the discontinuance of all service until compliance is completed.
(b) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (b), Installation of service, was repealed 11-12-2018 by Ord. No. 816.
(c) 
Minimum period of service.
(1) 
The minimum period for which service will be provided is one month and the customer will be billed for the entire month even if a request to cancel service is received before the month is over.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (c)(2) was repealed 2-12-2007 by Ord. No. 709.
(3) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection (c)(3) was repealed 11-12-2018 by Ord. No. 816.
(d) 
Underground service. The CBPU's rates for service are based upon costs to provide overhead service to its various classifications of customers. Therefore, underground services and extensions from the CBPU's overhead system may be made pursuant to receipt of advance payment of charges associated therewith, and as determined by the schedule of fees and charges applicable to underground installation, as established from time to time.
[Amended 11-12-2018 by Ord. No. 816]
(e) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection (e), Disconnection or termination of service, was repealed 10-24-2005 by Ord. No. 698.
(f) 
Construction charges.
(1) 
Construction of facilities over 150 feet will be assessed on an individual case basis. (Facilities 150 feet or less will normally be constructed at no charge unless abnormal conditions apply.)
(2) 
Charges for special construction will be based, in part, on the costs incurred by the CBPU and may include:
A. 
Costs incurred by the CBPU for contracted services;
B. 
Engineering charges;
C. 
Special construction permits; and
D. 
Items of a like nature.
(g) 
Location of overhead; outages and interruptions; reproduction of programming.
[Amended 11-12-2018 by Ord. No. 816]
(1) 
Location of overhead. Unusual circumstances to the contrary, the CBPU's overhead service drop to customer premises shall be located as closely to the point of electrical service attachment as is safe and practicable.
(2) 
Outages and interruptions. The CBPU shall make every reasonable effort to promptly restore service to its customers in the event of any outage or interruption. The CBPU shall also make every reasonable effort to investigate customer reports of poor reception, etc., and to remedy same when found to be the fault of the CBPU's system and/or equipment. In the event the CBPU dispatches any of its personnel to investigate any customer complaint or outage and the problem is determined to be caused by the customer's customer-owned facilities, the customer may be charged the cost of time and transportation.
(3) 
Severable provisions. In the event any portion of these rules and regulations should be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining portions hereof, which shall continue effective.
(h) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection (h), Prewire of new homes and apartments, was repealed 6-28-2004 by Ord. No. 686.
(i) 
Rules and regulations for dial up internet and cable modem services.
(1) 
Service provided. The CBPU will furnish and install facilities necessary to provide local area network communications and access to the Internet, through its interactive system, to a personal computer or network of computers of a customer equipped with a broadband network interface device. The CBPU assumes no responsibility for installation or assistance with regard to any software currently owned by customer or purchased by customer after installation. Additionally, service may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because equipment modifications, upgrades, repairs or reallocations or other similar activities necessary or proper for the operation or improvement of the CBPU system. Service and equipment are furnished for use by customer for any lawful purpose.
[Amended 11-12-2018 by Ord. No. 816]
(2) 
Installation and access.
[Amended 3-23-2015 by Ord. No. 784; 11-12-2018 by Ord. No. 816]
A. 
In the event a CBPU modem is damaged by lightning, stray voltage, voltage fluctuations or any other type of electrical defect, the customer will be billed for the repair or replacement of the modem.
B. 
The initial routing on customer's premises necessary for the provision of modem service shall be in a location agreed to between the CBPU and customer. Any relocation of facilities solely for the convenience or at the request of customer shall be paid for by customer.
C. 
The customer agrees to furnish necessary right-of-way upon its premises for the installation of any facilities that may be required to provide modem service to the customer and to confer upon the CBPU the right to enter upon the premises, for the purpose of installation, maintenance and repair of said facilities and equipment, and that upon termination of the agreement, to permit CBPU to enter the premises for the purpose of removing any additional facilities or lines that may have been required for the original installation.
(3) 
Termination of service. Services to a customer may be discontinued at any time by the CBPU upon failure of the customer to pay any charges due for these services, or immediately, whenever, in the sole discretion and determination of the CBPU, such discontinuance is in the best interest of other CBPU customers, such as (but not by way of limitation) interference with the system of the CBPU caused by the condition or operation of customer's facilities or system. Upon termination of services hereunder, for whatever reason, and by whomever, the customer shall promptly deliver all CBPU equipment back to the CBPU.
[Amended 11-12-2018 by Ord. No. 816]
(4) 
Limitation of CBPU's liability.
A. 
The customer understands that alternative and competing internet communications carriers are available to the customer; occasional interruptions or irregularities in the service may occur; any potential harm from interruptions or irregularities in the service is speculative in nature; the CBPU cannot offer the service at rates which reflect its value to each customer; and the CBPU assumes no responsibility other than that contained in these rules and regulations. Accordingly, the customer agrees that, except as limited by law, the CBPU's sole liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service or transmission of service provided by the CBPU or any underlying communications carrier, or for losses or damages arising out of the failure of the CBPU or any underlying communications carrier to maintain proper standards of maintenance and operations, shall be as follows:
1. 
A credit allowance as described in paragraph (i)(4)A.3. below, will be made at the customer's request in the form of a pro-rata adjustment of the fixed monthly charges billed to the customer. Fixed monthly charges are the monthly charges for access and optional features per access account I.D., all as described in the schedule of rates and charges in effect at the time of interruption.
2. 
Such credit allowance will be based upon the period of time during which such mistakes, omissions, delays, errors or defects in the service or its transmission caused interruptions in the rendering of the service. Any such period of time an interruption occurs will be measured from the time it is reported to the CBPU. In the event a customer is affected by such interruption for a period of less than 24 hours, no such adjustment shall be made. When an interruption exceeds 24 hours, the length of the interruption will be measured in twenty-four-hour days. A fraction of a day consisting of less than 12 hours will not be credited but a period of 12 hours or more will be considered an additional day.
3. 
The credit allowance will be computed by dividing the length of the service interruption by a standard thirty-day month and then multiplying the result by CBPU's fixed monthly charges for each interrupted access account I.D. In no case will the credit exceed the fixed monthly charges.
4. 
A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects, or curtailments in the service caused by the negligence or willful act of customers, subscribers, or other parties, or mistakes, omissions, interruptions, delays, errors, or defects caused by the failure of equipment or a service not provided by the CBPU.
5. 
The service furnished by the CBPU, in addition to the limitations set forth above, is also subject to the following limitations: The liability of the CBPU for loss or damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service, its transmission, or failures or defects in facilities of the underlying communications carrier, occurring in the course of furnishing service and not caused by the negligence of the authorized user, or the underlying communications carrier in failing to maintain proper standards of maintenance and operation and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the authorized user for service during the period of time in which such mistakes, omissions, interruptions, delays, errors, or defects in service, its transmission, or failures or defects in facilities furnished by the CBPU or the underlying communications carrier occurred.
B. 
The CBPU shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment, when caused by acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond the CBPU's or any underlying communications carrier's control.
C. 
The customer acknowledges that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. The CBPU is not liable to the customer for any claims, loss, damages or costs which may result from lack of privacy on the system.
D. 
The customer acknowledges that internet systems may carry material which may be considered abusive, profane or sexually offensive and that the CBPU is not liable to the customer for any claims, loss, damages or costs which may result from such material.
E. 
The customer hereby agrees to indemnify and save the CBPU harmless against claims for libel, slander, or infringement of copyright from the material carried in any form over its facilities by a customer or those using a customer's equipment; against claims for infringement of patents arising from combining or using apparatus or systems of a customer with the facilities of the CBPU or any communications carrier; and against all other claims arising out of any act or omission of a customer in connection with the facilities or service provided by the CBPU.
(5) 
Disclaimer of warranties and limitation of remedies. The customer acknowledges and agrees that the CBPU is not the manufacturer of equipment and internet package software, and the CBPU hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or service or internet package software (whether purchased or leased by the customer from the CBPU or another), including, but not limited to, any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. The CBPU, to the extent permitted by law, assigns to the customer any and all manufacturers' warranties relating to equipment or internet package software purchased by the customer, and the customer acknowledges receipt of any and all such manufacturers' warranties.
The customer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties and that the CBPU shall have no liability to the customer in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment, software or service provided hereunder. Without limiting the above, the CBPU shall have no liability or obligation to the customer, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by the customer, such as, but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by the customer directly or indirectly resulting from or related to any equipment or service or software described hereunder, whether or not caused by the company's negligence, to the full extent the same may be disclaimed by law. Any references to equipment or software in this paragraph shall be deemed to apply to all equipment or software purchased by the customer or leased by the customer from the CBPU or another lessor.
(6) 
Indemnification and release. The customer agrees to release, defend, indemnify and hold harmless the CBPU, its officers, board members, and employees, to the full extent permitted by law, from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of these rules and regulations, including, without limitation, claims for personal injury or wrongful death to a customer or users of the equipment, products or services provided by the CBPU or used in conjunction with such equipment, products or services provided by the CBPU and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of the CBPU, its board members, agents or employees.
(7) 
Operating rules. The customer agrees not to publish on or over the internet content which violates or infringes upon the rights of any other. If the CBPU is challenged by any third party regarding the suitability of a customer's content, the CBPU may, at the CBPU's sole discretion, delete a customer's content from the internet service. The customer agrees not to send unsolicited electronic mail to the CBPU's customers or subscribers without the CBPU's explicit written permission for each instance of communication.
(8) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection (i)(8) was repealed 2-12-2007 by Ord. No. 709.
(9) 
Approval of equipment. The CBPU reserves the right to approve or disapprove for use in connection with the municipal utility system, any wiring, equipment, appliances, fixtures, motors or any other devices that are presently in use or that are offered for use in connection therewith. Should any of the same be disapproved, their use shall be disconnected at once, either permanently, or until corrective measures have been taken. Failure to comply with orders to discontinue the use of or to apply corrective measures to disapproved equipment shall be deemed just cause for the discontinuance of all service until compliance is completed.
(j) 
Rates. The rates for telecommunications services shall be as adopted from time to time by resolution of Council upon the recommendation of the Board of Public Utilities. Such rates or changes shall be effective on the date specified in such resolution. All telecommunications rates previously adopted by Council are hereby re-adopted.
[Ord. No. 576, passed 7-13-1998]
The electric rates provided in Section 1044.04, the water and wastewater rates established by Section 1044.07, and the telecommunications rates provided for in Section 1044.09, may be changed by resolution of Council upon the recommendation of the Coldwater Board of Public Utilities. Such rate changes shall be effective on the date specified in such resolution.
[Added 7-24-2017 by Ord. No. 806]
(a) 
Residential garbage and refuse collection services, whether provided through a designated refuse hauler or through the Department of Municipal Services, shall be charged to the owner of the residential generation site for the collection and disposal of refuse and garbage.
(b) 
Residential rates. Residential rates are established as follows:
(1) 
One toter: $13 per month.
(2) 
Two toters: $21 per month.
(3) 
Three toters: $29 per month.
(4) 
Four toters: $36 per month.
(5) 
Five toters: $43 per month.
(6) 
Seniors: $11.75 per month (1 toter).
(c) 
Rules and regulations. Service shall be governed by the Coldwater Board of Public Utilities' Standard Rules and Regulations.
(d) 
Rate changes. The City Council shall adopt by resolution future changes to the rates that may be charged for the collection. recycling, and disposal services for residential premises pursuant to this Section. The rates shall be proportionate to the necessary costs of the service.
(e) 
Lien. The collection. recycling, and disposal charges for residential solid waste shall constitute a lien on the property. Charges remaining delinquent as set forth in § 1044.11.1 shall be certified annually to the City Assessor to be entered upon the next tax roll, and the charges, penalties, and interest shall be collected in the same manner as provided for delinquent real property taxes in the City.
[Ord. No. 597, passed 7-26-1999]
(a) 
The customer shall pay the CBPU the full monthly service charge applicable to the service rendered, which amount shall be due as shown on the bill from the CBPU each month.
(b) 
Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the customer has applied and which the customer has received, and is subject to change without formal notice by the CBPU to the customer.
[Added 5-8-2017 by Ord. No. 804]
(a) 
Creation of lien. Except as otherwise provided or limited by state law. the City shall have as security for the collection of all charges for utility services as authorized by the Revenue Bond Act of 1933. as amended (MCLA 141.101 et seq.) a lien upon the premises to which such utility services are supplied. Such liens shall become effective immediately upon the distribution or supplying of such utility service or services to such premises. The term "charges for utility services" shall mean the rates, fees, rentals and all other charges for furnishing such service and all repairs, maintenance and alterations of such service which the City determines to be the responsibility of the service customer.
(b) 
Notice of transfer of charges to tax rolls. Those charges for utility services which are delinquent for six months or more on March 31 of each year shall be reported by the City Treasurer to the Council and to the CBPU at the first meeting of each in the month of April. The Council shall then order the publication in a newspaper published in the City of notice to all owners of property within the City that all unpaid electric, water, wastewater, cable television and telecom charges which have remained unpaid for a period of six months or more prior to March 31 which remain unpaid on April 30 shall be assessed upon the City's tax roll against the premises to which the utility services were supplied or furnished, and that such charges shall be collected in the same manner as the City taxes on such tax roll.
(c) 
Placement on tax rolls. All such utility charges which remain unpaid on April 30 shall be transferred to the City's tax roll and assessed against the premises to which the utility services were supplied or furnished. This assessment shall be collected with, and in the same manner as, City taxes. If the same have remained delinquent and unpaid after the expiration of the time limit in the Treasurer's warrant for the collection of taxes levied in such tax roll, such charges shall be returned to the County Treasurer to be collected in the same manner as the lien created by City taxes on the delinquent tax roll of the City.
(d) 
Protection of landlord, notice of lease, and security deposit. If the owner of a premises which receives utility services provided by the CBPU shall lease such premises to a tenant who is responsible under the lease for the payment of the charges for some or all utility services, and such property owner notifies the CBPU in writing of such fact, the notice to include a true copy of the lease of the affected premises executed by the owner or his/her designated agent and the tenant. then the charges for utility services provided to such leased premises for which the tenant is responsible under the lease shall not become a lien against the premises after the date such notice is received by the CBPU. Immediately after the iling of such notice, the CBPU shall render no further service to the premises until it receives from the tenant, or an individual or entity acting on behalf of the tenant, an adequate security deposit as security for the payment of the utility charges for which the tenant is responsible under the lease.
(e) 
Effect of this section on liens arising before enactment. The provisions of this section are intended to amplify and clarify Section 14.4 of the City Charter. The enactment of this section shall not be construed to affect the validity of liens arising prior to its enactment, nor liens arising under the Municipal Water Liens Act, Public Act 178 of 1939 (MCLA 123.161 et seq.) or other laws of the State of Michigan. nor those provided for in Coldwater Ordinances Section 1042.32 or any other section of the Coldwater Ordinances relating to liens to the extent that such liens do not exceed the authority granted to the City by state statute.
(f) 
Continuance of lien. Litigation to enforce the payment of any such rates. fees and other charges shall not invalidate or constitute a waiver of the lien created by this section. and the same shall stand until payment thereof is made in full.
(g) 
No free utility services. There shall be no free utility services provided.
[Ord. No. 597, passed 7-26-1999]
If any part of this chapter is contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.
A person who violates any provision of this chapter is responsible for a Municipal civil infraction and shall be subject to the penalty provided in Section 202.99 of these Codified Ordinances.