The Township may classify the users of water according to the
quantities of water supplied and charge such rates equal to the rates
established by the Township. The city shall bill, individually, each
Township customer in accordance with the City Code of Ordinances and
the rules, regulations and procedures of the city water system.
In order to pay the cost of acquisition, construction, operation
and maintenance of the extensions, additions, and enlargement of the
city water system, the city has determined (and the Township has agreed
in the agreement) that the charges for services rendered and water
supplied by the city water system shall be assessed against, and payment
thereof shall be collected from, each beneficiary being served or
supplied, on the basis of a schedule of rates applicable to the classes
of service rendered or the amount of water supplied. Such rates shall
be fixed and revised from time to time as may be necessary, and the
city and its City Council shall maintain such rates for services and
water supplied by such water system as shall be sufficient to provide
for all operating expenses of such system, required repairs and maintenance
thereof, and the due payment of all the indebtedness.
Where water rates are based on quantities supplied, the quantities
shall be determined and measured as specified, maintained and monitored
by the city.
In the event that a water meter shall fail to register properly,
or the city is unable to gain entry to read the meter, the city is
empowered to estimate the quantity of water used on the basis of information
available and bill accordingly.
The agreement entered into by the Township with the city gives
the city's authorized agent authority to enter upon the customer's
premises for the purpose of reading or inspecting a water meter or
any piping connected with the customer's water system.
A.
Deposit required. Before any premises may be served with water service,
a deposit shall be required from all applicants for service when the
applicant is not the owner of the premises where the service is provided.
Such deposit shall be in accordance with the City Code of Ordinances,
but shall not be more than the amount of an estimated bill for six
months' water usage for the applicable service, as estimated
by the city.
B.
Interest on security deposits. The city will apply interest to the
deposit accounts of all users in accordance with the City Code of
Ordinances. Accrued interest due shall be paid at the time the deposit
is refunded.
C.
Notification necessary to waive lien. When a tenant is responsible
for payment of water bills and a lease has been executed, containing
a provision that the lessor not be liable for water charges, then
it shall be the responsibility of the lessor to notify the city and
Township Clerk with an appropriate affidavit signed by both parties,
requesting a waiver or lien.
(1)
The affidavit must state:
"Tenant is totally responsible for all charges for water service
furnished to the said premises by Midland Township. Tenant understands
that no service shall be commenced to the above address until there
has been deposited with the city the sum sufficient to cover twice
the average quarterly bill with $110 minimum, and a copy of the lease,
including the affidavit, furnished to the city. Tenant further understands
that payment of charges for water service may be enforced by discontinuing
the services to the premises."
(2)
The affidavit shall state the expiration date of the lease. Upon
receipt of such notification, the city will waive its lien pursuant
to Public Act 178 of the Public Acts of the State of Michigan, of
1939,[1] as amended, and the water bills to the lessee within the
term of the lease shall not be a lien against the property. Upon expiration
of the lease, a new affidavit must be submitted to retain the lien
waiver.
[1]
Editor's Note: See MCLA § 123.161 et seq.
(3)
Without such notification, water bills will be a lien against the
property served regardless of any lease provisions between the parties.
The water bills shall be in the name of the premises except as provided
by this section concerning tenants.
D.
Security deposits in lieu of lien. When the city has received and
approved a request from the property owner for a waiver of lien, then
a cash deposit will be required of the lessee as security for payment
of all water charges. Said cash deposit shall be equal to two times
the estimated quarterly bill for water charges, but in no case less
than $110. Refunds will be made when all bills are paid and the service
to such customer is discontinued.
All water bills shall be calculated in accordance with the City
Code of Ordinances, using Township water rates.
A.
For construction work where, due to weather or other conditions,
it is impracticable to furnish a temporary meter connection, a minimum
charge shall be made in accordance with the City Code of Ordinances.
Water used should be metered or may be estimated by the Water Department,
and the charges shall be in accordance with the City Code of Ordinances.
B.
Where it is determined by the Township or City Utilities Director
or his or her designee that it is desirable to allow temporary water
use from a fire hydrant, permission may be given, in writing, by the
city or Township in accordance with the City Code of Ordinances. A
minimum charge per service connection shall be paid in advance, and
an additional charge shall be made in the amount of water to be used
if estimated to be greater than 1,000 gallons.
It shall be unlawful for any person to use water from a fire
hydrant without obtaining permission from the Township or city utility
director or his/her designee.
Charges for water consumed inside the Township water service
area shall be assessed and collected in four quarterly periods, or
more often if circumstances require.
A.
Water meters shall be read as nearly as possible within 20 days of
the end of each quarter, and the water charge shall be billed to the
customers within 40 days of the end of each quarter.
B.
The customer shall have a water meter with a remote reading register
installed so that the meter may be read from outside the building.
C.
In the event of a discrepancy between the readings on the water meter
and the remote register, the consumption as shown on the water meter
shall be used in calculating the billing or as otherwise provided
for in this chapter.
Water service billed monthly shall be computed so that the total
cost per quarter shall be the same as if billed quarterly.
Payment of all water bills, charges, fees and deposits for water
service shall be made to the Township Treasurer.
[Amended 6-21-2000 by Ord. No. 88A]
Payment of all water bills, charges, fees and deposits for water
services shall be made to the City Treasurer, Midland City Hall, 333
West Ellsworth Street, Midland, Michigan 48640. Billings shall be
due and payable on the due date indicated and subject to late charge
if not timely paid. Billings shall contain the following statement:
"To avoid late charge, this stub with payment must be received by
the City Treasurer before 5:00 p.m. on the above due date" or language
of similar meaning.
The city and/or Township may discontinue water service for failure
to comply with all ordinances, rules or regulations of the city and/or
Township relating to water use. The Township may request the city
to discontinue water service for nonpayment of water rates and charges
if the customer is more than 90 days delinquent.
The payment of the charges for services and for water supplied
may be enforced by an action of assumpsit instituted in the name of
the Township against such user.
Unpaid water charges shall constitute a lien on the property
served by the water connections, and if not paid within 90 days of
the billing date, such debt shall be collected in the same manner
as general taxes or as otherwise provided by this chapter.
Water service which has been discontinued for the nonpayment
of water bills or charges due the city or Township shall not be reinstated
except upon the prepayment of a service charge in accordance with
the City Code of Ordinances. There shall be an additional charge for
reinstating service during other than normal working hours, based
on the costs incurred. The service charge shall be added to the water
bill.
The city and Township will assume no responsibility for excessive
water bills caused by a leak in the water service beyond the water
meter.
The Township Board may, by resolution, adopt such rules and
regulations as it may deem necessary to administer the terms of this
chapter.
The city or Township may discontinue water service for failure
to comply with all ordinances, rules or regulations of the city relating
to water use or this chapter.
Any person or other entity who violates any provision of this
chapter is responsible for a municipal civil infraction as defined
by Michigan law and subject to a civil fine of not more than $500,
plus costs, which may include all direct or indirect expenses to which
the Township has been put in connection with the violation. In no
case, however, shall costs of less than $9 or more than $500 be ordered.
Each day that a violation exists shall be deemed a separate offense
and violation.
