[Amended 7-27-2012 by Ord. No. 12-04[1]]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The City's utility department.
Any individual, firm, association, public or private corporation
or public agency or instrumentality.
Each lot or parcel of land, building or premises having any
connection to the water distribution system of the City or the sewage
disposal system of the City.
[1]
Editor's Note: Ord. No. 12-04, § X, adopted July 27, 2012, deleted the former Art. VI, §§ 78-271 — 78-281, and enacted a new Art. VI as set out herein. The former Art. VI pertained to water and sewer rates and derived from the Code of 1979, §§ 2.91 — 2.94, § 2.96, § 2.97, §§ 2.99 — 2.101; Ord. No. 95-09, 12-4-1995; Ord. No. 96-05, § 2.95, 6-3-1996; Ord. No. 96-12-01, 12-16-1996; Ord. No. 97-03, 6-2-1997; Ord. No. 97-04, 6-2-1997; Ord. No. 98-04, 5-18-1998; Ord. No. 98-05, 5-18-1998; Ord. No. 99-02, 5-17-1999; Ord. No. 2000-03, §§ XI — XIV, adopted 5-19-2000.
[Amended 7-27-2012 by Ord. No. 12-04]
All water service shall be charged for on the basis of water
consumed as determined by the meter installed in the premises of water
or sewage disposal service customers by the department. All sewage
disposal service shall be charged for on the basis of water consumed.
No free water service or sewage disposal service shall be furnished
to any person.
[Amended 7-27-2012 by Ord. No. 12-04]
The City water service rate structure shall annually be prescribed by City Council resolution pursuant to Chapter 38 of this Code, which shall include meter charges, commodity charges, capital improvement surcharges, miscellaneous charges, and fire protection connection charges for non-water-system customers.
[Amended 7-27-2012 by Ord. No. 12-04]
The owner of each building or parcel of real estate, which is connected to the water mains of the City with a service connection ready to be used, shall pay to the utility department of the City a readiness-to-serve charge for each service connection to the water mains, whether the water is turned on in the connection or not. Such charge shall be an amount as set up in the schedule annually prescribed by City Council resolution, pursuant to Chapter 38 of this Code.
[Amended 7-27-2012 by Ord. No. 12-04; 5-20-2013 by Ord. No. 13-03]
The City sewer rate structure shall annually be prescribed by City Council resolution pursuant to Chapter 38 of this code, which shall include commodity rate charges with meter, charges without meter, capital improvement surcharges, and miscellaneous charges for customers. Any customers without meter may be required to allow access and pay for installation of a meter on their water supply, within 30 days of notice to install.
[Amended 7-27-2012 by Ord. No. 12-04]
The owner of each building or parcel of real estate, which is connected to the sewer lines of the City with a service connection ready to be used, shall pay to the utility department of the City a readiness-to-serve charge for each service connection to the sewer lines. Such charge shall be an amount as set up in the schedule annually prescribed by City Council resolution, pursuant to Chapter 38 of this Code.
[Amended 7-27-2012 by Ord. No. 12-04]
It is hereby determined and declared that public sanitary sewers
are essential to the health, safety and welfare of the people of the
City; that all premises on which structures in which sanitary sewage
originates are situated shall connect to the system at the earliest,
reasonable date as a matter for the protection of the public health,
safety and welfare of the people of the City, and therefore, all premises
on which structures in which sanitary sewage originates are situated
or become situated and to which sewer services of the system shall
be available shall connect to said system and shall be in conformity
with Act 368 of the Public Acts of Michigan of 1978.
[Amended 7-27-2012 by Ord. No. 12-04]
The City shall pay the same water and sewer rates for service to it as would be payable by a private customer for the same service. The City shall pay a charge per quarter per fire hydrant as set forth in the schedule annually prescribed by City Council resolution pursuant to Chapter 38 of this Code. All such charges for service and fire hydrants shall be payable quarterly from the current funds of the City, or from the proceeds of taxes, which the City, within constitutional limits, is hereby authorized and required to levy in amounts sufficient for that purpose.
[Amended 7-27-2012 by Ord. No. 12-04]
If a water or sewer service customer shall receive water or
sewer service for only a portion of a quarter of a year, the service
charges shall be prorated for each day water or sewer service is had
by the customer. Water and sewer service shall be considered as had
for each day from the first day of the quarter to the day water or
sewer service is ordered to be turned off, both dates inclusive, or
from the day the water is turned on until the last day of the quarter,
both dates inclusive, and if the water is turned on and off within
the same quarter, from the day the water is turned on to the day the
water is to be turned off, both dates inclusive.
[Amended 7-27-2012 by Ord. No. 12-04]
(a)
Billing for water and sewer shall be made on a quarterly
basis and shall be sent by the 20th of the following month after the
quarter. The billings shall be paid, in full by the due date posted
on the utility bill. Ten percent of each bill shall be added thereto
on each bill which is not paid before the due date posted. Failure
to receive a utility bill shall not be grounds for avoiding the 10%
additional charge.
(b)
In such instances that the meters cannot be read or
are working improperly, the utility billing clerk shall do an estimate
based on the customers' history to calculate the current bill.
Once the meter is able to be properly read or replaced, an appropriate
adjustment reflecting the actual read will be billed on the next quarterly
billing.
[Amended 7-27-2012 by Ord. No. 12-04]
The utility department is hereby authorized to enforce the payment
of charges for water service to any premises by discontinuing the
water service to the premises and the payment of charges for sewage
disposal service to any premises may be enforced by discontinuing
either the water service to the premises, and litigation may be instituted
by the City against the customer. The charges for water service and
sewage disposal service, which, under the provisions of Act No. 94
of the Public Acts of Michigan of 1933 (MCL 141.101 et seq.), as amended,
are made a lien on the premises to which furnished, are hereby recognized
to constitute such lien; and the Clerk/Treasurer shall, semiannually,
certify all unpaid delinquent charges for such services furnished
to any premises, to the City assessor who shall place them on the
next tax roll of the City. Such charges so assessed shall be collected
in the same manner as general City taxes. Where the water service
to any premises is turned off to enforce the payment of water service
charges or sewage disposal service charges, the water service shall
not be recommenced until all delinquent charges have been paid in
full, and there shall be a water turn-off charge as specified in the
fee schedule.[1]
[1]
Editor's Note: It should be noted that the fee schedule
is not set out at length herein but is on file and available for inspection
in the office of the City Clerk.
[Amended 7-27-2012 by Ord. No. 12-04]
All property owners and tenants must sign a notice of responsibility
form. If we do not have the notice of responsibility form on file
the account will remain in the property owners name.
[Amended 7-27-2012 by Ord. No. 12-04]
No such deposit shall bear interest and such deposit, or any
remaining balance thereof, shall be returned to the customer making
the deposit when he shall discontinue receiving water and sewage disposal
service or, except such deposits will be applied against any final
bill and/or delinquent water or sewage disposal service charges.
[Amended 7-27-2012 by Ord. No. 12-04]
Nothing contained in this article shall be deemed to alter or
repeal any of the provisions of any ordinance providing for the issuance
of water supply system revenue bonds or sewage disposal system revenue
bonds with respect to the obligations of the City and the security
of the bondholders thereunder. This article is intended to be in conformity
with all such bond ordinances, and should there be any conflict whereby
the security of the bondholders or the obligations of the bonds is
impaired, then with respect to such conflict the provisions of such
bond ordinances shall prevail.
