[HISTORY: Adopted by the governing body of
the Township of Little Falls 8-4-2003 by Ord. No. 918. Amendments noted where
applicable.]
The Township of Little Falls recognizes fire
protection as an essential service for the health, safety and general
welfare of its residents. Proper maintenance of all fire hydrants
is necessary in providing fire protection in the community. In response
to a request made by the residents of the Reservoir Ridge Condominium
Association, the Township consents to assume billing of fire hydrants
located on the property managed by the Reservoir Ridge Condominium
Association.
As used in this chapter, the following words
or phrases shall have the meanings indicated below:
Any expense incurred by the Township related to providing
fire hydrant billing, including bank fees, postage, photocopy expenses,
toll charges for telephone use or reasonable personnel costs directly
related to the administerial acts required by this ordinance.
The corporate body representing the Reservoir Ridge Condominium
Association, its unit owners and residents.
Any person or persons owning a fee-simple interest in any
condominium unit of the Reservoir Ridge Condominium Association.
The Township consents to assume the responsibility
to bill the unit owners for fire hydrant services. This ordinance
enables the Township to execute a contract with the Association to
effectuate this service.
A.
Method of billing. The Township shall bill the Association
directly for fire hydrant use and access for its 29 unit owners. The
Association, on behalf of its 29 unit owners, shall have the legal
obligation to timely pay in full all fees due and owing to the Township.
Aggregated billing to the Association shall not relieve each unit
owner's legal obligation to pay its pro rata share of fees due and
owing to the Township.
B.
Frequency of billing. The Association will be billed
biannually for the entire cost to the Township of maintaining the
fire hydrants on Association property.
C.
Administrative expenses included. The quarterly fee charged to each unit owner shall include a surcharge as set forth in Chapter 71, Fees, to pay for administrative expenses incurred by the Township in billing for fire hydrant use and access.
[Amended 12-22-2008 by Ord. No. 1060]
D.
Periodic review and revision of fees. The Township
shall possess the right to review and revise the fee charged to unit
owners once per fiscal year to include additional costs incurred.
This annual revision shall not exceed the actual costs incurred by
the Township plus a surcharge of 8% to pay for administrative expenses.
E.
Recordkeeping of bills. The Township shall maintain
all records regarding billing and unit owner payment. These records
shall include each unit owner's quarterly payments and any delinquencies
for same. Upon written request, any unit owner may review his or her
records of bill payment. The Township shall provide access to billing
records within a reasonable time after the unit owner's request.
F.
Capital costs and improvements. The Township shall
have no responsibility for the maintenance and/or repair of the fire
hydrants or related systems. In the event that fire hydrants or related
systems are improved or repaired, the Association shall be responsible
for the entire cost of the improvements or repairs and be assessed
accordingly. The Township shall bill the Association for any such
assessment. The Association hereby represents and warrants that its
bylaws authorize this type of expense as well as the authority for
the execution and performance of this agreement.
G.
Collection authority. The Township Finance Department
is charged with the duty of collecting all fire hydrant fees.
H.
Pro rata billing for midquarter service. If fire hydrant
billing under this ordinance begins after the first day or terminates
before the last day of any calendar quarter, the fire hydrant fee
for such quarter shall be for that portion of the quarter during which
the property is served.
A.
Delinquent payment period. The Association shall be
conclusively deemed to be delinquent in paying its fire hydrant bill
if the Township does not receive payment by the due date noted on
the biannual bill.
B.
Interest for delinquency or nonpayment. All charges
for fire hydrants that remain unpaid and past due by the Association
shall draw the same interest penalty as charges levied for past due
property taxes of unit owners.
C.
Lien for delinquency or nonpayment against unit owner(s).
In addition to the delinquency remedies against the Association, all
charges for fire hydrants that remain unpaid by any unit owner for
30 days or more shall be secured by a lien upon the delinquent unit
owner's premises until paid in full. The Township shall possess the
same remedies for the collection of delinquent fire hydrant payments
with interest, costs and penalties as it possesses for the collection
of property taxes and water fees.
The Association shall be responsible for all
fees due and owing to the Township under this agreement. Aggregated
billing to the Association shall not relieve each unit owner's legal
obligation to pay its pro rata share of fees due and owing to the
Township.
The Association shall indemnify and save harmless
the Township, its officers, agents, servants and employees and each
and every one of them against any and all claims, demands, suits,
actions or proceedings of any kind or nature and description, and
from all damages to which the said Township or any of its officers,
agents, servants or employees may be put by reason of fire hydrant
service disruption or for any cause or reason arising out of or by
reason of this agreement.
If any section, paragraph, subdivision, clause,
sentence, phrase or provision of this ordinance is declared unconstitutional
or invalid by a court of competent jurisdiction, such decision shall
not affect the remaining portions of this ordinance.
All Township ordinances and parts of ordinances
inconsistent with this ordinance are hereby repealed.
This ordinance shall take effect upon final
passage, adoption and publication as required by law.
