[1]
Editor's Note: Ord. No. 862, adopted 11-27-2023, amended this
chapter to change instances of the abbreviations "kw" to "kW" and
"kwH" and "kwh" to "kWh."
[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; amended 11-12-2018 by Ord. No. 816]
As used in this chapter, the following terms shall have the
meanings indicated:
A sewer line from a building to the wye connection on the
main sewer line.
A vertical wye connection on the building lateral for cleaning
purposes.
A connection or arrangement of piping or appurtenances through
which a backflow could occur.
Any person, company or institution which is supplied with
a service by a utility.
The water supply piping from the municipal-provided curb
stop to the plumbing of a building.
A small-scale solar photovoltaic power generation system
(in the range of 1 kW to 20 kW) used to provide an enhancement to
the traditional electric power system to the premises.
[Added 10-14-2019 by Ord.
No. 828]
Dial-up internet services provided to customers.
A unit of frequency in cycles per second.
A unit of reactive energy equal to one kilovar used for one
hour.
A unit of apparent electric power in thousand volt-amperes.
A unit of electric power in thousand watts.
A unit of electric energy equal to one kilowatt used for
one hour.
A unit of light intensity equal to the illumination of one
footcandle over an area of one square foot.
The municipal sewer system, including manholes, wye connections
and vertical risers.
A device for measuring and registering a quantity over a
period of time.
A high-speed Internet access service device provided to customers.
One-twelfth of a year, as near 30 days as practicable.
The water supply piping and connections, including the curb
stop, normally located at the owner's property line.
A water supply that does not contain contaminants or infectious
material and is considered satisfactory for drinking.
A ratio of kilowatts to kilovolt-amperes.
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.
A parcel of land and the buildings upon it.
A nominal electric distribution voltage, typically 4,800
volts or higher.
A device used to eliminate the potential for backflow or
back siphonage of nonpotable water into the municipal water supply.
Nominal electric service voltage, typically lower than 600
volts.
A person who is 65 years of age or older.
An electronic device which converts incoming signals for
use at the customer's television receiver.
A system for billing a CBPU electricity customer who has
installed an eligible solar distributed energy resource system on
the customer's premises, billing the customer for the electricity
purchased at retail rates while crediting the customer's bill for
any customer-generated electricity delivered to the grid for a billing
period.
[Added 10-14-2019 by Ord.
No. 828]
A company which furnishes electric, water, wastewater or
other public services.
A municipal cleanout on the main sewer.
A connection on the main sewer line between the building
sewer and the municipal sewer.
[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 services to others, except for resale of water as outlined in Section 1044.05, Water and sanitary sewer construction and connection regulations.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(9)
Additional security deposits may be required from any CBPU customer
who writes three no-account or NSF checks in any six-month period,
and such customer's account will be put on a cash-only basis.
[Amended 1-25-2016 by Ord. No. 793; 11-27-2023 by Ord. No. 862]
(11)
New business accounts will require a deposit to be determined
by the CBPU on an individual basis unless set up on autopay.
[Amended 11-27-2023 by Ord. No. 862]
(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]
(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, but less than six billing cycles, will be charged the following
amount when reestablishing service:
[Amended 11-27-2023 by Ord. No. 862]
(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, if 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.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(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.
(10)
The CBPU's Winter Protection
Plan protects senior, low-income and critical-care customers from
service shutoff and high utility bill payments during the heating
season (November 1 through April 15) in accordance with Michigan Public
Act 3 of 1939.[12] Those who qualify for the Winter Protection Plan must
make application and sign an agreement with the CBPU.
[Amended 11-27-2023 by Ord. No. 862]
[12]
Editor's Note: See MCLA 460.1 et seq.
(l)
Reconnecting service.
[Amended 11-27-2023 by Ord. No. 862]
(1)
A forty-five-dollar charge will be made for turning on or setting
of a meter or service when a disconnect has been made for:
(2)
When restoration of such disconnected service after normal business
hours is requested, an additional charge of $125 will be made. A twenty-dollar
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.
(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.
(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
deemed 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 12 months, and bills shall be recomputed on this basis.
[Amended 11-27-2023 by Ord. No. 862]
(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 $50 shall be charged for customer-requested meter tests more
frequently than once per 12 months.
[Amended 11-27-2023 by Ord. No. 862]
(z)
Cumulative billing. The CBPU will not allow cumulative or aggregated
billing.
[Amended 11-27-2023 by Ord. No. 862]
(aa)
(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.
[Amended 3-23-2015 by Ord. No. 784; 7-13-2020 by Ord. No. 834]
(1)
For residential customers, the CBPU accepts cash, money orders,
checks, debit/credit cards and automatic clearing house (ACH) payments.
Any loose coins over $5 must be rolled and initialed. Customers may
also make payments using their checking or savings account, credit
or debit card by calling Payment Service Network (PSN) at 1-877-885-7968
or online at www.coldwater.org.
(2)
For nonresidential customers, the CBPU accepts cash, money orders,
checks, automatic clearing house (ACH) and wire transfer payments.
Any loose coins over $5 must be rolled and initialed. Customers may
also make payments using their checking or savings account by calling
Payment Service Network (PSN) at 1-877-885-7968 or online at www.coldwater.org.
(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 $15 is billed to the property owner. Property owners may revert
properties year-round or just during winter months (November 1 through
April 15). Exceptions to the "Revert-to-Landlord" Agreement are: (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.
[Amended 11-27-2023 by Ord. No. 862]
(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]
(ee)
(Reserved)[18]
[18]
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 required form of identification.
[Amended 11-27-2023 by Ord. No. 862]
(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 $35 service fee will be charged
each time a trip is made to a service location to notify of potential
disconnection of service.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(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 aid in construction
cost based on the return on investment may be charged to cover the
difference between the cost of overhead and underground services and/or
distribution as may be determined by the CBPU.
[Amended 3-23-2015 by Ord. No. 784; 11-27-2023 by Ord. No. 862]
C.
Underground services shall be installed in approved underground
conduit or duct at a minimum depth of 42 inches for primary and 24
inches for secondary construction from final grade, 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 will be charged to defer the cost.
[Amended 3-23-2015 by Ord. No. 784; 11-27-2023 by Ord. No. 862]
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. CBPU will provide connections
for underground primary service connections, either to serve customer-owned
transformers located on their premises or to serve transformers owned
by the CBPU and located on the customer's premises. Aid in construction
charges may apply.
[Amended 11-27-2023 by Ord. No. 862]
A.
"D" and "TOU" rates. 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" and "TOU" rates. 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.
(3)
Contributions for construction.
[Amended 3-23-2015 by Ord. No. 784; 11-27-2023 by Ord. No. 862]
A.
All new services requiring the CBPU to supply a transformer will
be charged current market cost per KVA for aid in construction. All
existing services requiring an increase in transformer capacity will
be charged current market cost per KVA for the difference in total
capacity as an aid-in-construction fee.
B.
The following trenching fees may be waived only if 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 customer.
1.
Underground residential electric distribution (as in a new subdivision)
may be charged at a rate of time, equipment, and material 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 time, equipment, and material 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 time,
equipment, and material per trench foot plus current market cost per
KVA of transformer capacity and constitute an in-aid-of-construction
fee representing the difference in cost between overhead and underground.
a.
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 time,
equipment, and material per trench foot constituting the difference
in cost between overhead and underground service.
C.
Secondary connections shall be made by CBPU except when mutually
agreed to by the contractor and authorized CBPU representative.
D.
The secondary conductor shall be provided by the contractor.
E.
With new construction, the CBPU will back-fill trench to existing
grade. Cosmetic work to be responsibility of contractor or owner.
F.
Deposit. Prior to CBPU ordering material and beginning an installation
on commercial and industrial projects, a 25% nonrefundable deposit
will be required based on total cost of material only.
(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.[3]
[3]
Editor's Note: Former Subsection (k)(1)B, which immediately
followed, was repealed 11-27-2023 by Ord. No. 862.
Editor's Note: Former Subsection (k)(1)C and D, which immediately
followed, 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.
[Amended 3-23-2015 by Ord. No. 784; 10-12-2015 by Ord. No. 789; 11-27-2023 by Ord. No. 862]
(1)
Single-gang and multi-gang, up to four-gang, 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. Multi-gang sockets above four-gang will be furnished
by the customer. 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.
(2)
The CBPU does not furnish metering pedestals, such as those
used on mobile homes, campgrounds or like installations. For pedestal
installations, the owner/customer is required to provide a CBPU-approved
pedestal. Procurement, installation and maintenance of pedestal and
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 and shall comply with all current NEC and regulatory requirements.
Meter socket shall be located as directed by CBPU employees.
(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 controls before setting meters.
(6)
Primary metering installations will be reviewed on a case-by-case
basis, and if charges are required, they will be determined based
on return on investment formulas.
(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.
[Amended 10-14-2013 by Ord. No. 773; 11-27-2023 by Ord. No. 862]
(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 should 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 the work, they will arrange customer's
wiring and so connect the customer's use devices that not only will
the customer be able to obtain the most favorable electric service
rate that is available to him or her but will be able to use his or
her equipment in an efficient manner and with a minimum of disturbance
of 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 contractor, will be responsible for the arrangement and character
of work.
(6)
The method of installation shall be consistent with current
revision of the National Electric Code.
(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 if available. 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 six feet apart.
[Amended 11-27-2023 by Ord. No. 862]
(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.
[Amended 9-14-2020 by Ord. No. 839]
(1)
Applicability. The power supply cost adjustment shall apply
to all CBPU electric rate schedules, except the time of use ("TOU")
rate, nonmetered 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 kWh from the monthly
energy cost from the Michigan South Central Power Agency, plus any
power supply costs incurred internally or outside of the MSCPA.
(3)
Power supply cost adjustment calculation.
A.
The power upply Cost Adjustment for the month shall be determined
by dividing the total energy cost, including fixed cost for the previous
month's MSCPA billing, plus any power supply costs incurred internally
or outside of the MSCPA, by the sum of the total kilowatt-hours billed
for the same period.
B.
Base power supply cost. The power supply cost adjustment is
calculated from a base energy charge of $0.0674 per kWh from the monthly
energy cost from the Michigan South Central Power Agency, plus any
power supply costs incurred internally or outside of the MSCPA.
[Amended 11-27-2023 by Ord. No. 862]
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 based on a cost estimate negotiated between the CBPU and the
customer.
[Added 3-23-2015 by Ord.
No. 784; amended 11-27-2023 by Ord. No. 862]
(v)
Distributed energy resource system (to include solar energy systems.)
Service shall be governed by the CBPU’s standard rules and regulations.
The total aggregate participation in the solar net billing program
shall be limited to 100,000 kW. The size of any individual project
shall be limited to 80% of the customer’s metered electrical
requirements in the previous 12 months, but may not exceed a total
nameplate capacity of 150 kW. If previous metered data is unavailable,
the CBPU shall determine the maximum nameplate capacity of the solar
net billing system allowed on the property.
[Added 10-14-2019 by Ord.
No. 828; amended 3-22-2021 by Ord. No. 843]
[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.
(5)
Minimum charge: $5.55 per customer per month.
(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.
(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.
(5)
Minimum charge: $5.55 per customer per month.
(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.
(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.
(4)
Minimum charge: $7 per customer per month.
(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.
(4)
Minimum charge. The minimum charge shall be the capacity charge
included in the rate, plus the readiness to serve charge.
(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.
(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.
(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.
(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.
(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.
(i)
(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.
(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:
(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:
(5)
Minimum charge. The minimum charge shall be established by contract.
(6)
Power cost adjustment. The power cost adjustment shall be established
by contract.
(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.
(s)
Whole house surge protection service rate (rate "WHSP").
(1)
Availability. This rate is available for whole-house surge protection
to any currently existing CBPU customer location with 120/240V AC,
100A to 200A, single-phase service, subject to any restrictions and
proper execution of a contract. This program rate is no longer available
to new customers.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(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 existing CBPU customer location with 120/240 V AC, 100A to
200A, single-phase service or 208/220/240/277 V AC three-phase service.
Subject to approval by the CBPU and proper execution of contract.
This service is no longer available to new customers.
[Amended 11-27-2023 by Ord. No. 862]
(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.
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.
(x)
Solar net billing.
[Added 10-14-2019 by Ord.
No. 828]
(1)
Availability. This rate is available to any CBPU residential,
commercial, or industrial customer on a "first-come-first-served"
basis for those customers who meet all the requirements within the
provisions of the Solar Net Billing Program and all other local ordinances.
Under no circumstances shall the output from a solar net billing system
or distributed energy resource system be sold by the customer to a
third party, credited to a third party, or credited to any other CBPU
customer.
(2)
Nature of project. All solar net billing facilities must be
located on the property owned by the customer. The project must only
be intended to offset a portion of the property owner customer's requirements
for electricity. The facility must operate in parallel with the CBPU
distribution system as determined by the CBPU in its sole discretion.
Acceptable forms of generation shall be limited to solar-inverter-type
generation only.
(4)
Minimum charge: $10.75 per customer per month.
(y)
Time of use general service rate “TOU.”
[Added 9-14-2020 by Ord. No. 836]
(1)
Availability. Open to any customer desiring primary service
where the billing demand is 10,000 kW 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.
(4)
Distribution charge.
(6)
Transmission charges.
A.
Transmission service: monthly kW demand charge of $5.89 per
kW coincident with METC transmission peak. Rate subject to change
based on METC charges. Rate includes a 3.87% adjustment for line losses
and PILOT adjustment of 6.5%.
B.
Primary service: monthly kW demand charge of $6.07 per kW coincident
with METC transmission peak. Rate subject to change based on METC
charges. Rate includes a 6.87% adjustment for line losses and PILOT
adjustment of 6.5%.
(7)
Power cost adjustment. The power cost adjustment shall apply
to this schedule. The adjustments shall apply to all kWh's billed
to the customer during the billing period. The adjustment calculation
uses a base energy charge of $.0674 per kWh. Positive or negative
adjustments will be credited to the customer's account.
(8)
Energy optimization charge: $613.63 per month per meter.
(11)
Tax adjustment. Bills shall be increased to offset any new or
increased specific tax or excise imposed by any governmental authority:
(12)
Minimum charge. The distribution charge plus the readiness to
serve charge.
(13)
Billing demand. The distribution demand shall be the kilowatts
(kW) supplied during the fifteen-minute period of maximum use during
the current billing month or previous 11 months, not less than 10,000
kW.
(14)
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
metering of lagging kilovar-hours and kilowatt-hours or the power
factor measured directly by the meter 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 .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 twelve (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.
|
.800 to .900
|
=
|
None
|
|
.900 or above
|
=
|
2%
|
|
.800 or below
|
=
|
Follow Subsection (y)(14)B above
|
(15)
Rules and regulations.
A.
Service is governed by the CBPU's standard rules and regulations.
B.
The customer shall furnish, install and maintain all necessary
transforming, controlling and protective equipment.
C.
Where the service is metered at less than the supplied voltage,
1.5% will be added, for transformer losses, to the demand and energy
measurements thus made.
D.
Federal or state legislative, FERC and MISO rule changes may
cause rates to be adjusted.
(16)
Term and form of contract; signed order required. Customer electing
this option rate shall, in the absence of bona fide discontinuance
of service, remain thereon for at least 12 months.
(z)
Public
electric vehicle charging rate "PEVC."
[Added 5-22-2023 by Ord. No. 859]
(1)
Availability. This rate is available to any electric vehicle (EV)
automobile owner opting to utilize any Level 2 charging station located
in the City of Coldwater, owned by the Coldwater Board of Public Utilities.
Users will be required to set up an account and make payments for
charging sessions through the ChargePoint mobile app.
(2)
Rate. $2 per hour for the first four hours, $4 per hour for each
additional hour thereafter.
[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.
[Amended 11-27-2023 by Ord. No. 862]
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, bypasses, etc.
B.
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.
Water/wastewater meters will not be installed in locations considered
confined spaces or requiring the installer to crawl under buildings.
Additional plumbing required, due to improper locating, 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.
D.
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.
E.
Manhole rings and covers shall have clear access openings of
not less than 24 inches.
F.
When required to do so, and in addition to the access opening
above described, a similarly constructed round cast-iron manhole ring
and cover, with a clear opening of not less than eight inches, shall
be provided and placed as directed. Such openings to be installed
for the purpose of meter reading, hand valve operation, etc.
G.
Pits or manholes shall be round, with a minimum clear inside
dimension of four feet or more.
H.
The customer shall provide a one-half-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.
I.
All equipment installed within each pit or manhole shall comply
with CBPU requirements.
(h)
Resale
of water.
[Added 11-27-2023 by Ord. No. 862]
(1)
The owner of a trailer park, apartment building or similar structure
may purchase water from the CBPU for resale to the occupants on the
condition that service to each occupant must be metered separately,
and the occupants may not be charged more for such service than the
appropriate CBPU rate available for similar service under like conditions.
To qualify for resale of water to tenants, the owner or operator must
state in writing their intent to resell and obtain CBPU approval.
The owner or operator is responsible for payment of purchased water
for resale.
(2)
The CBPU has no obligation to furnish, test, or maintain meters or
other equipment used for resale of water to the reselling owner or
operator.
(3)
CBPU water rate schedule shall be posted in the owner or operator's
office or public area. Billing records of owner or operator may be
audited every 12 months to 18 months using generally accepted auditing
practices. The reselling owner or operator will be assessed a reasonable
fee for an audit conducted by the CBPU.
[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.
(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.
 |
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 Subsection (a)(7)A hereof, or an American Water Works
Association specification bell and spigot, mechanical, or push-on
type joint ductile water main, designed for not less than 150 pounds
water work pressure.
[Amended 11-27-2023 by Ord. No. 862]
C.
Consideration will be given to alternate materials. In order to be
considered, it must meet AWWA standards and must be approved in writing
by the CBPU Director.
[Added 11-27-2023 by Ord. No. 862]
(8)
Electric continuity. All electrical bonding of water pipes shall
be per current provisions of the National Electrical Code.
[Amended 11-27-2023 by Ord. No. 862]
(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, broken, stolen, damaged water/wastewater meters. CBPU
water customers may be charged a service fee of $25 plus the cost
of parts to repair frozen, broken, stolen, damaged water/wastewater
meters.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(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)
(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.
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.[4]
[4]
Editor's Note: Former Subsection (i)(2), regarding ground
connections made to the service pipe where it enters the building,
which immediately followed, was repealed 11-27-2023 by Ord. No. 862. Said
ordinance also renumbered former Subsection (i)(3) as (i)(2).
(2)
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)
Water use limitations.
[Amended 11-27-2023 by Ord. No. 862]
(1)
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)
Water rates for 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.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(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
|
(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.
(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.
(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
|
(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.
(11)
Sprinkling (lawn type) water meters.
[Added 11-27-2023 by Ord. No. 862[7]]
A.
Minimum monthly charges:
|
Meter Size
(inches)
|
Charge
|
|---|---|
|
5/8
|
$5.60
|
|
3/4
|
$11
|
|
1
|
$15
|
|
1 1/2
|
$33
|
|
2
|
$61
|
B.
Consumption charge: $2.48 per 1,000 gallons.
[7]
Editor's Note: This ordinance also renumbered former Subsection
(b)(11) as Subsection (b)(12).
(12)
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 EGLE approved reduced-pressure backflow preventer or testable
double-check device on a dedicated or nondedicated fire-suppression
line.
[Added 11-27-2023 by Ord. No. 862]
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.
[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.
[Amended 11-27-2023 by Ord. No. 862]
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.
[Amended 11-27-2023 by Ord. No. 862]
A.
Building sewers shall be constructed of 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 current Plumbing Code and
the CBPU's Rules and Regulations. For all new construction, each individual
dwelling/business shall have its own independent sewer lateral constructed
from its owner 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 the purpose, and
extend as near as possible in a straight line from that point to the
point of connection with a clean-out opening just within the wall
from which point the building sewer may be effectively rodded and
cleaned for its entire length. The CBPU also requires the installation
of a clean-out just outside a building wall or foundation and in the
right-of-way. 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 ensure the integrity of
the existing lateral before connection is made.
(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 or repaired.
The CBPU will then have a representative present until all work within
the concerned area is completed satisfactorily.
[Amended 11-27-2023 by Ord. No. 862]
(h)
Grease traps. To ensure protection of the municipal sewer system,
commercial and/or institutional restaurants and food service customers
shall be required to install a grease trap per plumbing code and health
department requirements.
[Amended 11-27-2023 by Ord. No. 862]
(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.
[Amended 11-27-2023 by Ord. No. 862]
A.
Whenever service is terminated, the customer shall return all
utility-supplied equipment to the CBPU. If the returned equipment
is not found 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. Willful failure to return any utility equipment in workable condition shall subject to legal action.
(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.
(c)
(f)
Construction/installation charges. Construction/installation charges
will be assessed on an individual-case basis.
[Amended 7-13-2020 by Ord. No. 834; 11-27-2023 by Ord. No. 862]
(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 CBPU dispatches any of its personnel to investigate
any customer complaint or outage, and the problem is determined to
be caused by the customer or other customer-owned facilities, the
customer may be charged a service fee and any associated equipment
replacement or repair costs.
[Amended 11-27-2023 by Ord. No. 862]
(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.
(i)
Rules and regulations for telecommunications services.
[Amended 2-12-2007 by Ord. No. 709; 3-23-2015 by Ord. No. 784; 11-12-2018 by Ord. No. 816]
(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.
(2)
Installation and access.
A.
In the event CBPU equipment 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 equipment.
B.
The initial routing on customer's premises necessary for the
provision of internet 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 internet service to 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 CBPU furnished equipment.
(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.
(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.
(8)
(Reserved)
(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.
(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.
