[HISTORY: Adopted by the Town Board of the
Town of Wilson 7-28-1980 by L.L. No. 4-1980. Amendments noted where
applicable.]
A.
"Customer" as used herein shall be the party contracting
for service to a property as herein classified:
(1)
A building under one roof owned by one party and occupied
as one business or residence.
(2)
A combination of buildings owned by one party in one
common enclosure occupied by one family or business.
(3)
A building owned by one party, having a number of
apartments or offices and using in common one hall and one or more
means of entrance.
(4)
The one side of a double house having a solid vertical
partition wall.
B.
Wherever there is a separate tenant or a separate
business on any property, each tenant and each different type of business
shall be treated and regarded as separate customers, subject to the
minimum schedule of rates; however there shall be not more than one
meter per service line.
C.
Each customer will be supplied through a separate meter wherever practical, except in the case of Subsection A(3), as above defined. Should the owner desire that the Town Board deal with the tenant in the case of Subsection A(3), he must first provide means of controlling the supply and housing the metering device for each tenant, the controlling devices to be outside of the building and the measuring devices or meter to be properly housed either outside of or within the building.
A.
Water service at any time is furnished only in accord
with the currently prevailing rates and rules and regulations of the
Water District, which are made a part of every application, contract,
agreement or license entered into between the property owner or customer
and the Water District. Any future modification of rates, rules or
regulations shall apply to those who are receiving service at the
time such amendments or modifications may be adopted by the Water
District.
B.
The Water District reserves the right to change or
amend from time to time these rules and regulations and the rates
for the use of water.
C.
The Town and/or Water District shall not be liable
for any damage resulting from leaks, broken pipes or from any other
cause, occurring to or within or without any house or building, and
it is expressly stipulated by and between the Water District and the
consumer that no claim shall be made against said Town and/or Water
District on account of the bursting or breaking of any main or service
pipe or any attachment to said waterworks.
D.
The Town and/or Water District shall not be liable
for any deficiency or failure in the supply when occasioned by shutting
off water to make repairs or connections or by failure from any cause
beyond control.
E.
The Water District reserves the right to restrict
the supply of water whenever the public welfare may require it, as
the Water District may determine. The Town and the Water District
make no guaranty as to the amount or consistency of pressure or volume
of the water it furnishes and will not under any circumstances be
responsible for any loss or damage from excess, deficiency or variation
in the pressure, volume or supply of water or for loss or damage caused
by water escaping from or obstructions in a service line due to frost
or any other cause or for any loss or damage as a result of water
escaping from laterals, fixtures, appliances or pipes owned by consumers.
F.
No connection or outlet will be permitted on the service
pipe or pipes supplying any premises between the street main and the
meter. All water used must pass through the meter.
G.
The Water District may elect not to install water
mains or service lines after November 15 of each year. This rule may
be waived by the Water District in case of an emergency or necessity.
H.
No water will be furnished to any premises where any
possibility exists of the mingling of the water furnished by the Water
District with water from any other source, nor will the Water District
permit its mains or service pipe to be connected in any way to any
piping, tank, vat or other apparatus containing liquids, chemicals
or any other matter which may flow back into the Water District's
service pipes or mains and consequently endanger the water supply.
An exception may be made to this rule at the option of the Water District,
provided that proper safeguards are installed which shall be inspected
and have the approval of the Water District, insurance underwriters
and the State Board of Health.
I.
All water passing through a meter shall be charged
for at the regular rate, and no allowance will be made for excessive
consumption due to leaks or waste.
J.
Turning on of water into any premises for any purpose
by anyone excepting a representative of the Water District is prohibited.
K.
The Water District, inspector, meter reader or other
properly authorized representative shall have access at all reasonable
hours to the premises supplied for the purpose of setting, reading,
repairing or removing meters or for making necessary inspections.
L.
The Water District will presume service being rendered
from the time the water turned on upon request of a customer until
the customer gives written notice, on forms provided by the Water
District, to the Water District to discontinue the service, and charges
will be made accordingly.
M.
Customers will not be permitted to supply water to
any premises other than that mentioned in the application, agreement
or contract without permission from the Water District.
N.
The Water District reserves the right to shut off
the water in the mains at any time for the purpose of making repairs
or extensions or for other necessary purposes and will, where possible,
give due notice, except in cases of breaks and emergencies. It is
expressly agreed that the Water District will not be responsible for
any damages resulting directly or indirectly from any interruption
of the water supply. In cases where boilers or other appliances in
a premises depend upon the pressure in the service line to keep them
supplied with water, the owner or occupant shall place suitable safety
devices to guard against the possibility of collapse or explosion
when the water supply is interrupted. Likewise such owner or occupant
shall protect water-cooled compressors for refrigeration systems by
means of high-pressure safety cutout devices and shall provide means
for the prevention of the transmission of water hammer or noise of
operation of any valve or appliance through his piping to any adjacent
premises. Failure of the owner or occupant to provide such safety
devices shall in no way make the Town responsible for any resulting
damage.
O.
Delinquency in payment of water bills or any violation
of the rules and regulations of the Water District will result in
the discontinuing of service, for which a charge of $4 shall be made
to cover the cost of turning the water off. An additional charge of
$4 shall be made for renewal of water service to the premises. All
such charges and delinquencies are payable before service is resumed
to the premises. A similar charge of $4 shall be made to cover the
cost of making a trip to the customer's premises for the effort to
collect a delinquent bill.
P.
Parties desiring a small amount of water or service
for but a short time or where the rendering of such service will require
the attention of an employee of the Water District will be charged
rates fixed by the Water District in keeping with the service rendered.
Q.
Contractors desiring water for building purposes will
be required to make application for same at the Water District.
R.
Water for building purposes will be sold by meter
measurement or flat rate, as may be deemed most consistent.
S.
Water service of any class may be discontinued for
a violation of any provision of the application or contract or any
rule or regulation of the Water District.
T.
Emergency service may be furnished temporarily at
the discretion of the Water District in any case not covered under
the schedule of rates in the manner and at a charge to be determined
by the Water District. The Water District shall determine the charges
and rates in special cases to cover unusual conditions or types of
services not contemplated in these rules and regulations or in the
rates and charges set by the Water District for regular use.
Service under an application may be discontinued
for any of the following reasons or as provided in § 124-25.
A.
For misrepresentation in an application as to property
or fixtures to be supplied or the use to be made of the water supply.
B.
For the use of water for any other property or purpose
than that described in the application.
C.
For waste of water through improper or imperfect pipes,
fixtures or otherwise.
D.
For failure to maintain in good order connections,
service lines or fixtures beyond the curb and owned by the applicant.
E.
For molesting any service pipe, meter, curb stop,
seal, valves or any other appliance or installation of the Water District.
F.
In case of vacancy of the premises.
G.
For violation of any rules of the Water District.
H.
For neglecting to make payments of any charges against
the property.
I.
For refusal of access to the property for the purpose
of inspecting or for reading, caring for or removing meters.
J.
The Water District shall have the right to cut off
the water without notice in case of breakdowns or for other unavoidable
causes or for the purpose of making necessary repairs, connections,
etc. Reasonable notice will be given when practicable. In no case
shall the Town or Water District be liable for any damage or inconvenience
suffered.
Where either hand excavation or excavating machines are used
by contractors or others in digging trenches for sewers, drains, gas
mains and conduits or in connection with any other underground excavation
work, all water mains shall be maintained in position at the expense
of such persons or contractors. Contractors or others working in the
public right-of-way must ascertain for themselves the location of
all mains, pipes or appurtenances. Where any of these are removed,
cut or damaged in the construction or repair of a sewer, drain, gas
main or conduit or in connection with any other underground excavation
work, such person or contractor must, at his own expense, cause them
to be replaced or repaired promptly, and he must, at once, notify
the Water District of the interruption of service and must reimburse
the Water District for any expense to it in providing temporary service
and in restoring regular service.
A.
All persons are forbidden to open any fire hydrant
or to use any water therefrom for sprinkling streets, for building
or any purpose without permission, in writing, from the Water District,
under the penalty described by law, except in the case of fire and
by fire companies to test the hydrants. Such tests shall be performed
directly under the supervision of any authorized agent of the Water
District. If a property owner or other party desires a change in the
location of a fire hydrant, he shall bear all costs of such change.
Any change in location of a fire hydrant must be approved and the
work done by the Water District.
B.
The Town Board is hereby authorized to allow the use
of hydrants for irrigation purposes upon the adoption of an appropriate
resolution therefor, provided that the customer purchases a three-inch
water meter approved by the Water District Superintendent, and provided
further that such meter thereafter shall be used exclusively within
the Town of Wilson for irrigation purposes.
The Town Board and/or Water District shall be
under no obligation at any time to make any extensions of its then
existing waterlines but may do so, upon the written request of one
or more prospective customers, either wholly or in part at the expense
of said customers or customer and in conformity with existing law.
A.
The Water District shall cause all meters to be tested
periodically without charge to the consumer.
B.
Should any customer of the Water District doubt the
correctness of the water meter readings for said customer at any time,
the customer may have said meter tested, upon written application
to the Water District and by making a deposit, as indicated by the
following schedule, to defray the cost of said extra meter test. Should
the accuracy test show the meter in question to be correct within
4% as prescribed by general practice, the customer shall bear the
cost of said test. On the other hand, should the test show said meter
to be registering incorrectly beyond 4% of the accurate amount, the
required deposit shall be refunded, the account adjusted accordingly,
and the entire cost of the test in this latter event shall be borne
by the Water District. In the event that the incorrect registration
exceeds, plus or minus, 4%, water consumption for the preceding six
months will be adjusted, and either a supplemental bill will be rendered
or a refund made, as applicable.
A.
All meters will be read and bills rendered at least
quarterly. However, as to some meters, special circumstances may require
more frequent readings and billing, and this will be done if deemed
to be in the best interest of the Water District. All bills are payable
at the Water District office or at other places that may be designated
by the Water District for the convenience of the customer. If a meter
is found stopped at any meter-reading period, the bill will be estimated
from similar preceding or subsequent periods. All bills for general
water service are due and payable upon receipt of the bill and are
payable at face for a period of 30 days following the date of the
bill. Thereafter such bills are payable at face plus a penalty of
10%. The supply of water may be cut off if such water charges are
not paid within 60 days from the date of the bill.
B.
Estimated water readings. If water meter readings
are estimated and the estimated reading is high, the customer will
be credited with the amount of overcharge and this credit will be
applied to the next water bill or bills when the water meter is actually
read.
[Amended 7-19-1999 by L.L. No. 4-1999]
C.
Failure to receive a bill shall not exempt any consumer
from being delinquent in payment and the accruing of a penalty. The
presentation of a bill to a consumer is only a matter of accommodation
by the Water District and not a waiver of this rule.
[Added 7-19-1999 by L.L. No. 4-1999]
A.
A service connection will be made and water will be
furnished upon written application by the prospective consumer or
his properly authorized agent on a form prepared by the Water District.
The Water District must approve the application.
B.
Where a premises has already been supplied with proper
service facilities and a customer desires water turned on to the premises,
the customer will be required to sign an application for water service
in order to authorize the installation of a water meter and the turn
on of water into the premises.
A.
A consumer who, for any reason, wishes to terminate
his liability for service must give a written order to the Water District
to do so. The consumer shall be responsible for payment for service
rendered by the Water District until said written notice is received
and a reasonable additional time allowed for reading the meter and
shutting off the water.
B.
Service shall be considered terminated only after
the water has been turned off at the curb valve and the meter removed.
Each minimum charge shall apply to a single
customer. Where two or more customers are supplied with water through
the same service, the Water District shall charge the same rate as
if each customer had a separate service, and any violation of the
rules of the Water District with reference to either or any of said
customers shall be deemed a violation as to all, and the Water District
may take such action as could be taken as to a single customer.
A.
The Water District will furnish meters for all water
service, except for fire-protection lines, on which a meter furnished
by the customer will be installed subject to approval by the Water
District, and the District will maintain and keep in repair and adjustment
all meters except as may be otherwise provided. The term "meter" wherever
used herein shall include any remote reading device attached thereto
unless the context indicates otherwise.
B.
All meters are the property of the Town of Wilson
Water District.
C.
The customer must provide suitable housing facilities
for the meter and become responsible for any damage to the meter through
extreme heat, cold, accidents or intentional acts. The Water District
assumes the burden of ordinary maintenance. In case there is no suitable
housing for the meter in the cellar or basement or about the premises,
the owner of the premises will be required to furnish an approved
meter housing located in a parkway, terrace or sidewalk of said premises.
Such housing, however, must be made in a manner approved by the Water
District, and no one other than an authorized agent of the Water District
shall at any time be allowed to repair, remove or replace any meter.
D.
In exceptionally difficult cases, the Water District
is authorized to place temporarily the individual meter or meters
outside the premises, at its discretion.
E.
Where the service line extension on a customer's property
is more than 150 feet in length, the Water District may require that
the meter be located in a parkway, terrace or sidewalk area and be
placed in an approved meter housing as indicated above.
F.
The consumer shall furnish and install a compression
stop cock, without waste, on the service line, and the same size as
the service line, on the street side of and adjacent to the meter.
The consumer shall also furnish and install a compression stop and
waste cock on the consumer side of and immediately after the meter.
G.
The size of the meter shall be the same size as the
service line with the following exceptions:
H.
Only Water District employees or authorized agents
may remove or disturb the water meter. If it becomes necessary to
break the meter seal in connection with work on the consumer's service
line, the Water District will authorize, in writing, the breaking
of the seal and will reseal the meter without charge. When a meter
seal or seal wire has been tampered with, removed or broken or the
meter removed from the service line, the meter will be removed, tested,
reset and resealed, for which a fee of $10 plus the cost of parts
will be charged.
A.
Water service line connections will be made only to
improved property or to property in process of improvement after receipt
of written notice of application with the signature of the property
owner or his duly authorized agent. If a properly executed application
is received for both service line installation and for regular water
service, the Water District's personnel will tap the main, insert
a corporation cock, carry the service pipe to the curb and insert
a curb stop for each customer, all of which installation shall be
and remain the property of the Water District and will be maintained
by the Water District. The Water District will render the aforesaid
service at a cost to the customer as provided in the rate schedule
hereinafter set forth, together with the meter charge which is indicated
below. The entire installation of service facilities shall be and
remain the property of the Water District.
B.
All private service lines shall be installed, maintained,
altered or replaced with American manufactured copper K soft tubing,
which shall conform to ASA No. H23 1-1947 and ASTM designation B88-51
of the following widths and thickness: three-fourths-inch, 0.065 inch;
one-inch, 0.065 inch; one-and-one-fourth-inch, 0.065 inch; one-and-one-half-inch,
0.075 inch; two-inch, 0.083 inch. The above notwithstanding, one-hundred-sixty-pound
pressure plastic pipe, supplied by the Town to maintain uniformity,
may be used from the curb box to the water meter in water line installations,
with the cost to be paid by the customer with a markup of $0.03 on
the cost of pipe to cover the cost of handling.
C.
All service lines must be laid at least 42 inches
deep and no less than four feet distant from any open area or vault.
No service pipe shall be laid in the same trench with any drain, sewer
or other utility lateral, but must be laid in a separate trench and
not less than three feet from any drain or sewer pipe or utility lateral,
except by special authorization of the Water District and in extraordinary
cases, including where solid rock is encountered. No backfilling within
the immediate area of the curb stop connection shall be done until
inspection and approval of said curb stop connection by the Water
District.
D.
Whenever the water meter for a customer's service
is located on the customer's property, the customer will be required
to maintain his service line extension in good order to prevent leakage
and loss of water before measurement by the water meter. On his failure
to repair such leaks as may occur, the District reserves the right
to repair said leaks and charge all costs for such repair work to
the customer in question or, as an alternative, to require relocation
of the meter, at the customer's expense, to a position near the curb
box in the parkway, terrace or sidewalk area in a regulation housing
as specified.
[Amended 2-17-2016 by L.L. No. 2-2016]
A.
All water
rents, penalties and interest thereon and all charges for tapping,
connection and disconnecting and any other charges provided for by
this chapter shall be a lien on the real property upon which the water
is used, and such a lien shall be prior and superior to every other
lien or claim, except the lien of a current tax. The Town Clerk shall
annually file with the Town Board and the Supervisor the amount of
any such liens which have not been paid at the time and in the manner
prescribed by the Town Board, with a description of the real property
affected thereby, and the Supervisor and the Assessor may include
such amount in the annual tax levy and transmit such statements to
the County Legislature, who shall levy the same upon the real property
in default.
B.
To recover
costs incurred by the Town/District in the processing of unpaid water
bills for collection by the county, there shall be added to the amount
of such unpaid bill the sum of $100 for each property. The Town Board
may, by Resolution, change the amount of said fee from time to time
as the Town Board may deem appropriate.
The following rights are reserved by the Town
Board:
A.
To make such changes in the rules and regulations
as it may deem to be in the best interests of the Water District.
B.
To make, by resolution, such changes in the rates for water rental or in any of the other rates for services as set forth in the rate schedule (§§ 124-17 through 124-21, inclusive, of this chapter) as may in its judgment seem to be for the best interests of the Water District.
[Amended 12-28-1981 by L.L. No. 2-1981]
C.
To order existing service pipes and fixtures to be
replaced with acceptable material as determined by the Water Superintendent
and to refuse service with all penalties hereinbefore set forth for
failure of an owner or consumer to comply with such order.
D.
To have free access for its authorized representatives
to enter the premises of any consumer at any reasonable time for the
purpose of inspection, reading, repair and/or replacement of meters
or other service installation.
E.
To enter into contracts with other water districts
for the supply of water, either into or out of the Water District,
to or from such districts, corporations or individuals, under such
terms and conditions as shall properly protect the interests of the
Water District.
All violations of this chapter or any regulation
or provision thereof shall be an offense punishable by a fine of not
exceeding $50 or imprisonment for not more than 30 days, or both.
Each and every week that a violation of this chapter is permitted
to exist shall constitute a separate offense. This penalty shall be
an addition to any other penalty or other remedies as may be provided
by law and this chapter.
[Amended 12-28-1981 by L.L. No. 2-1981; 5-18-1992 by L.L. No. 3-1992]
A.
Commodity rates.
(1)
The rates for use of water shall be as fixed from
time to time by resolution of the Town Board and filed in the office
of the Town Clerk.
(2)
Bills will not be rendered for less than the minimum
charge except where water service has been rendered for only part
of the quarter, in which case a prorated bill will be rendered.
B.
Minimum charges.
(1)
The minimum charge shall entitle the customer to 9,000
gallons per quarter year without further charge and shall apply to
all water users.
(2)
Persons who qualify for the over-sixty-five tax exemption
on real property taxes will pay 1/2 the charge for the nine-thousand-gallon
minimum. For anything over the minimum, they pay the regular charge
for all water used in that quarter.
A.
For fire-protection service provided to any municipal
corporation outside of the Town of Wilson Water District and for all
private fire-protection service, the following yearly minimum charges
shall apply:
B.
The Water District will maintain private fire hydrants
if requested by the consumer, provided that the hydrant is a type
approved by the Water District. Such maintenance as is required due
to normal wear and tear will be performed without further charge.
C.
The private fire-protection charges are compensation
to the Water District for providing standby service. Use of water
is not normally contemplated except for fire fighting. If water is
used otherwise, an actual or estimated water commodity charge will
be imposed.
[Amended 5-18-1992 by L.L. No. 4-1992]
The service connection charge for tapping the
main and placing the curb box and curb stop at the property line shall
be as follows:
[Amended 5-18-1992 by L.L. No. 3-1992]
A charge of $5, plus actual cost, shall be paid
for furnishing and installing any size standard straight-reading register
magnetic meter plus remote-reading register in accordance with the
service requested by the customer.
[Amended 12-28-1981 by L.L. No. 2-1981; 5-18-1992 by L.L. No. 3-1992]
A.
For removing, resetting and resealing meter where
the seal wire has been tampered with or broken or the meter removed:
$10, plus the cost of parts.
B.
For testing the meter at the customer's request: actual
cost.
C.
Special meter reading and bill, requested by the customer:
$5.
E.
Turning water on or off. For turning water on or off
at customer's request: $5.
F.
For checks not honored by bank: prevailing rate charged
by the bank.
G.
For meter repairs: actual cost, plus 20%.
H.
For meter repairs caused by frost damage: actual cost,
plus $10.
I.
The charge for filling swimming pools from hydrants
shall be the standard rate, plus a service charge of $10 for supervision.
J.
The price of water to anyone wishing to purchase the
same who does not pay the direct water tax shall be set at two times
the ordinary rates applicable thereto.