[Adopted 1-4-2000 by Ord. No. 265 (Ch.
6-04 of the 1980 Code)]
All publicly owned and operated water supply
and sewage disposal facilities in the Township of East China shall
be combined into a single system for operating purposes and to provide
for the operation and maintenance of the St. Clair County Sewage Disposal
System No. III (Charter Township of East China) on a public utility
basis under the provisions of Act 94, Public Acts of Michigan, 1933,
as amended.[1]
[1]
Editor's Note: See MCLA § 141.101
et seq.
A.
Whereas, the Township of East China, pursuant to two
contracts with the County of St. Clair, by and through its Board of
Public Works, under the authorization provided in Act 185, Public
Acts of Michigan, 1957, as amended,[1] is now, or will be operating upon completion of acquisition
and construction thereof, sewage collection and disposal system known
as “St. Clair County Sewage Disposal System No. III,”
said facilities consisting generally of a sewage treatment plant and
appurtenances, and a system of sanitary sewers, all as more particularly
described in said contracts, dated December 15, 1964, and June 14,
1966, respectively; and
[1]
Editor's Note: See MCLA § 123.731
et seq.
B.
Whereas, the Township of East China, pursuant to a
contract with the County of St. Clair, by and through its Board of
Public Works, under the authorization provided in Act 185, Public
Acts of Michigan, 1957, as amended,[2] is now, or will be operating upon completion of acquisition
and construction thereof, water supply and distribution facilities
comprising of a part of a water supply system known as “St.
Clair County Water Supply System No. III,” said facilities consisting
generally of a water filtration plant and appurtenances, and a system
of water mains, all as more particularly described in said contract
dated June 14, 1966; and
[2]
Editor's Note: See MCLA § 123.731
et seq.
C.
Whereas, the Township, pursuant to the provisions
of said contracts and Act 185, Public Acts of Michigan, 1957, as amended,[3] is also obligated to pay the capital costs of said water
and sewer facilities in annual installments over a period of years,
as provided in said contracts; and
[3]
Editor's Note: See MCLA § 123.731
et seq.
D.
Whereas, the County of St. Clair, pursuant to the
authorization provided by said Act 185, Public Acts of Michigan, 1957,
as amended,[4] and resolutions duly adopted by its Board of Supervisors,
has issued bonds to pay the capital costs of said water and sewer
facilities, primarily secured by, and issued in anticipation of, the
contracts hereinbefore referred to, to the payment of which installments,
when due, the Township, pursuant to law and said contracts, has pledged
its full faith and credit. That said bonds are listed as follows:
(1)
St. Clair County Sewage Disposal Bond (Sewage Disposal
System No. III), in the aggregate principal amount of $725,000, dated
as March 1, 1965, and payable serially within annual maturities due
July 1 of each years 1969 to 1995, inclusive;
(2)
St. Clair County Sewage Disposal Bonds (Sewage Disposal
System No. III), SERIES II, in the aggregate principal amount of $1,180,000
dated as of September 1, 1966, and payable serially with annual maturities
due July 1 of each of the years 1968 to 1997, inclusive;
(3)
St. Clair County Water Supply Bonds (Water Supply
System No. III), in the aggregate principal amount of $950,000, dated
as of September 1, 1966, and payable serially with annual maturities
due July 1 of each year of the years 1968 to 1997, inclusive; and
[4]
Editor's Note: See MCLA § 123.731
et seq.
E.
Whereas, under the provision of Act 185, Public Acts
of Michigan, 1957, as amended,[5] and Section 6, Article IV, of the Constitution of Michigan,
it is the basic duty and obligation of the Township to levy, annually,
sufficient ad valorem taxes on the taxable property in the Township
to meet its annual installment payments to the county under the contracts
herein referred to, in anticipation of which the county bonds were
issued which taxes are not subject to limitation as to rate or amount;
but in reduction of said basic obligation said Act 185 contains the
following provision:[6]
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“Section 12[7]
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|---|---|---|---|
|
“(2)
|
. . . If a contracting municipality at the time
of its annual tax levy has on hand in cash any amount pledged to the
payment of the current obligations for which the tax levy is to be
made, then the annual tax levy may be reduced by that amount. For
the purpose of obtaining the credit, funds may be raised by a municipality
by using 1 or more of the following methods:
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|
“(a)
|
By service charges to users of the system or
lake improvements.
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|
“(b)
|
By special assessment upon lands benefited.
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|
“(c)
|
By the exaction of charges for the connection
of properties, directly or indirectly, to the system or for the availability
of the system to serve properties, directly or indirectly, or at a
present or future time.
| ||
|
“(d)
|
By setting aside any state collected funds disbursed
to the municipality and usable therefor.
| ||
|
“(e)
|
By setting aside any other available money.”
| ||
F.
Whereas, pursuant to the authorization provided in
the above quoted section of Act 185,[8] it is the intent and purpose of the Township to operate
the water and sewer facilities acquired and constructed pursuant to
said contract, or any extensions, improvements or additions thereto,
on a combined public utility rate basis, and to establish reasonable
and uniform service charges and connection charges, applicable to
various classifications of users of said facilities, the revenues
derived therefrom to be used as far as possible (a) for operation
and maintenance of said facilities in a reasonable, proper and efficient
manner, and (b) to apply as a credit in reduction of the annual tax
levy required by the Township to meet its current obligations to the
county under the contracts hereinbefore referred to; and
[8]
Editor's Note: See MCLA § 123.742(2).
G.
Whereas, the United States Environmental Protection
Agency's rules (40 CFR 35.935.13) require that sewage use charges
for the cost of operation and maintenance costs for users be proportional
to their use of the waste treatment works; and
H.
Whereas, the Charter Township of East China on January
28, 1981, did pursuant to receiving a federal grant to design a new
sewage treatment system certify to the Environment Protection Agency
that the Township would develop a system of user charges to assure
that each recipient of waste treatment services within a service area
will pay its proportionate share of the cost of operation and maintenance
(including replacement) of all waste treatment service provided; and
J.
The Charter Township of East China Ordains.
In construing this article, the terms and words
hereinafter defined, unless the context clearly established otherwise,
shall be given the meanings hereinafter set forth:
The three issues of county bonds issued and outstanding as specified and referred to in the preamble to this article (see § 453-11 above).
For the purpose of computing the benefit fee component of
the connection charge, shall be determined in accordance with the
Schedule of User Charge Capacity Units[1] with the provision that there shall be a minimum of one
full unit for each connection.
The contracts heretofore made and executed between the Township of East China and the County of St. Clair, dated as of December 15, 1964, and June 14, 1966, respectively, for the acquisition and construction of the sewer facilities as part of St. Clair County Sewage Disposal System No. III, and dated June 14, 1966, providing for the acquisition and construction of the water facilities as part of St. Clair County Water Supply System No. III, being the contracts referred to in the preamble to this article and now on file in the Office of the Township Clerk of the Charter Township of East China, and the Board of Public Works of the County of St. Clair (see § 453-11 above).
The installment payments required to be made by the Township
to the Board of Public Works of the County of St. Clair pursuant to
the provisions of the contracts.
The employees of the Department of Public Works of the Charter
Township of East China, St. Clair County, Michigan, or any other Township
employee and/or designated contractor with the responsibility to carry
out duties normally assigned to the DPW.
The sewage collection and treatment facilities acquired and
constructed pursuant to the provisions of the contracts with the County
of St. Clair, dated as of December 15, 1964, and June 14, 1966, respective,
and being part of the system designed as “St. Clair County Sewage
Disposal System No. III,” and any extensions, improvements or
additions thereto; and any additional facilities whether owned and/or
operated by the Township or the County within the limits of the collection,
treatment and/or disposal of sewage and/or industrial wastes.
The Charter Township of East China, St. Clair County, Michigan.
The Township Board of the Charter Township of East China.
Any premises connecting, or connected with, and using any
of the facilities of the water supply system for the supply of water
or the sewage disposal system for the removal of sewage or wastes.
The water facilities acquired and constructed pursuant to
the provisions of the contract with the County of St. Clair, dated
as of June 14, 1966, and being a part of the system designated as
“St. Clair County Water Supply System No. III,” and any
extensions, improvements or additions thereto; and any additional
facilities whether owned and/or operated by the Township or the County
within the limits of the Township used or useful in the obtaining
of a water supply or the distribution of water to residents of the
Township.
[1]
Editor's Note: The Schedule of User Charge
Capacity Units is on file and available for inspection in the office
of the Township Clerk.
A.
Operation and maintenance by Township. From and after
the date of adoption of this article, the water supply system and
the sewage disposal system, as herein defined, shall be operated and
maintained by the Township, pursuant to and in accordance with the
provisions of the contract.
B.
Consolidation authorized. For convenience of operation, and to avoid unnecessary duplication of work, they shall be operated as one combined system to be known and designated as the “water and sewer system” on a public utility rate basis to carry out and put into effect the authorization provided in Subsections (a) and (c) of Section 12 of Act 185, Public Acts of Michigan, 1957, as amended,[1] quoted in the preamble of this article (see § 453-11E above)
[1]
Editor's Note: See MCLA § 123.742(2)(a)
and (c).
C.
Management and operation.
(1)
Supervision and control. In carrying out the duties
of operating and maintaining the water and sewer system pursuant to
the provisions of the contracts, the management, supervision and control
thereof shall be in the Township Board or such agency or department
of the Township as it may designate.
(2)
Hiring. The Township Supervisor, with the approval
of the Township Board, may employ such person or persons as it may
be deemed necessary to carry out such duties.
(3)
Fiscal year. Said water and sewer system shall be
operated on the basis of a fiscal year beginning on January 1 and
ending on December 31 of each year.
D.
Initial rates. From and after the date of adoption
of this article, the service charges and connection charges to users
of the facilities of the water and sewer system shall be as prescribed
from time to time by resolution of the Township Board.
A.
Setting rates. Except where specified otherwise in
this section, the Township Board shall fix rates, charges and fees
from time to time by resolution.
B.
Water consumption.
(1)
Minimum. Each unit shall pay for such service provided
a minimum charge based on 3,000 gallons per month.
(2)
Regular. Each unit shall be billed at a rate per 1,000
gallons or shall pay the minimum charge, whichever sum is greater.
(3)
Special. The Township Board shall have the authority
to negotiate a separate rate charge for any customer that requires
more than 5% of the total water usage of the system. Such negotiated
rate shall be greater than the regular rate per 1,000 gallons.
C.
Application fee. At the time of application for water
service, the applicant shall pay all applicable fees and charges for
the water meter and connection to the water supply system.
D.
Meter charge.
(1)
Residential. Applicants for meter service shall pay
the cost of the meter at the time of application. In addition, each
residential user of the water supply system shall pay a quarterly
charge for meter replacement based on the size of the meter. This
charge shall be for replacement of a meter due to normal wear and
tear. If the meter is tampered with, damaged, lost, or stolen, a charge
equal to the cost of a new meter shall be billed to the customer.
(2)
Commercial and industrial. Commercial and industrial
users shall purchase a water meter as approved by the DPW at the time
of application for service. In addition, each commercial or industrial
user of the water supply system shall pay a charge for the cost of
meter service, repair, and replacement at the time such service is
rendered.
E.
Separate water meter for underground irrigation. At
the time of application for a separate water meter for underground
irrigation, the applicant shall pay a fee for a water meter and appurtenances,
administration and inspections. Billings shall include charges for
water consumption, special meter readings, meter replacement and water
turn-on/turn-off. No sewer charges shall be applied to water delivered
through meters installed and used for underground irrigation.
[Amended 2-17-2009 by Ord. No. 300]
F.
Water turn-on/turn-off. A charge shall be applied
to the customer's bill for water turn-on or turn-off by the DPW requested
by the customer.
G.
Water haulers. Water haulers shall pay a minimum flat
rate per load or a cost per unit for water purchased from the water
supply system.
H.
Fire hydrants.
(1)
Township payment to the Water Department. The Township
shall pay a hydrant charge to the Water Department as set by resolution
of the Township Board.
[Amended 12-20-2004 by Ord. No. 284]
(2)
Permits. At the time of application to use a fire
hydrant, the applicant shall pay a deposit, which shall be refunded
after deducting the water meter rental charge, water use and applicable
sewer charges, and damage, if any, to the hydrant or meter. The deposit
may be waived if the usage is for a public purpose and if it is determined
by the Township Supervisor or designated alternate to be in the best
interest of the Township to do so. Damage to the water system as a
result of unauthorized usage will be the responsibility of the applicant.
I.
Unmetered fire lines. Premises served by unmetered
fire line connections provided for fire sprinkler or hydrant service
shall pay a monthly charge for this service.
J.
Service outside East China and China Townships. Service
to premises located outside the Township limits of East China and
China which are connected to the water supply system shall pay water
consumption charges and meter charges twice the rates charged to users
in East China Township.
K.
Service to China Township. Service to premises located
within the Township limits of China which are connected to the water
supply system shall pay water consumption charges and meter charges
for this service.
A.
Setting rates. Except where specified otherwise in
this section, the Township Board shall fix rates, charges and fees
from time to time by resolution.
B.
Premises connected to the water supply system. Premises connected to the water supply system shall be charged a sewer use charge to pay for the cost of the operation, maintenance, and replacement of the system in treating normal concentration of waste as described in Article I of this chapter.
(1)
Wastewater meter. At the request of the owner of the
premises, a wastewater meter may be installed for determining the
sewer use charge.
(2)
Metering costs. All installation, repair, maintenance
and other service costs for metering of water or wastewater shall
be paid by the owner of the premises.
(3)
Basis for charge. The sewer use charge shall be based
on the metered water or the metered wastewater of each premises.
C.
Premises not connected to the water supply system. Premises not connected to the water supply system shall be charged a sewer use charge to pay for the cost of operation, maintenance and replacement of the system in treating normal concentration of waste as described in Article I of this chapter.
(1)
Meter. At the request of the owner of the premises,
a wastewater meter may be installed for the purpose of determining
the sewer use charge.
(2)
Metering costs. All installation, repair, maintenance
and other service costs for metering of wastewater shall be paid by
the owner of the premises.
(3)
Basis for charge. The sewer use charge shall be a
minimum flat rate to reflect average sewer usage, which is hereby
determined to be 60,000 gallons annually.
D.
For premises with metered water. Sewer use charges
for premises with metered water shall be billed at a rate per 1,000
gallons of metered water or shall pay the minimum charge, whichever
sum is greater.
E.
For premises with metered wastewater. Sewer use charges
for premises with metered wastewater shall be billed at a rate per
1,000 gallons of metered wastewater or shall pay the minimum charge,
whichever sum is greater.
F.
Surcharge. A surcharge shall be levied to all users
which discharge wastewater exceeding the normal concentration of wastes,
which cause an increase in the cost of managing the effluent or the
sludge of the treatment works.
G.
Distribution of costs. The costs of operation and
maintenance for all infiltration and inflow into sanitary sewers not
directly attributable to users shall be distributed among all users
of the sewage disposal system in the same manner that the costs of
operation and maintenance among user classes are distributed for their
actual use.
H.
Preliminary treatment. Preliminary treatment (pretreatment) shall be paid for by the user in conformance with Article I of this chapter.
I.
Minimum. All premises connected to the water supply
system shall be charged a minimum sewer use charge based on 3,000
gallons per month of metered water.
J.
Special rates. The Township Board shall have the authority
to negotiate a separate rate charge for any customer that accounts
for more than 5% of the total wastewater discharge into the sewage
disposal system. Such negotiated rate shall be greater than the regular
rate per 1,000 gallons.
A.
Billing cycle. Bills for single-family residential
users shall be rendered quarterly during each operating or fiscal
year and shall represent charges for the quarterly period immediately
preceding the date of rendering the bill. Bills for other than single-family
residential users may be billed monthly at the discretion of the Township.
B.
Penalty for delinquency. Said bills shall become due
and payable on date specified on said bills, and for all bills not
paid when due, a penalty of 10% of the current bill shall be added
thereto.
C.
Notification of rate. Each user shall be notified
in conjunction with the first billing of each year of the established
rate.
D.
Billing method. Bills shall be based on actual meter
readings, or if actual readings are not available, bills shall be
estimated based on usage during a similar period in the previous year.
A bill based on actual readings shall be rendered as soon as possible
without additional charge to any customer who objects to paying an
estimated bill, provided that the customer requests this service and
notifies the Township when the reading of the meter may be obtained.
Such time for reading must be within regular office hours.
E.
Delivery. Water bills shall be delivered to the premises
to which the bill applies unless requested otherwise by the owner.
Bills shall be placed in the mail or delivered to the premises approximately
10 days before the due date.
F.
Delinquent bills. Bills, or portions thereof, that have been unpaid for a period of two months shall be considered delinquent. The Township shall have the right to shut off and discontinue the supply of water to any premises for which payment is delinquent. Delinquent bills shall also be subject to action described in § 453-20.
G.
No free water service. No free service shall be furnished
to any person, firm or corporation, public or private, or to any public
agency or instrumentality.
A.
Billing cycle. Bills for the disposal rate and other
charges shall be made on the water bill for those premises served
by the sewage disposal system. Separate bills shall be prepared for
premises having no connection with the water supply system. Such separate
sewer bills shall be made on the same billing cycle as the water bills
sent to Township users. Bills for those premises that have no water
connection shall be due and payable on the same billing cycle dates
as would be applicable to premises connected to the water system.
Such bills shall be considered delinquent in the same manner as the
water bill for the premises and shall have the same penalty for nonpayment
within the given time, in the same manner as the water bill for such
premises.
B.
Basis of billing. For premises without a sewer meter,
sewer bills shall be based on the quantity of water measured by the
meter on the potable water system. For premises with a sewer meter,
the sewer bill shall be based on the reading from the sewer meter,
provided the meter is properly calibrated and certified annually by
a factory authorized representative.
D.
Notification of rate. Each user shall be notified
in conjunction with the first billing of each year of the rate and
that portion of the user charges which are attributable to sewer service.
E.
No free sewer service. No free service shall be furnished
to any person, firm or corporation, public or private, or to any public
agency or instrumentality.
A water connection charge shall be paid by previously
unconnected premises connecting to the water supply system or existing
premises changing their use resulting in an increase in capacity units
in accordance with Subsection A, Tap charge, and/or Subsection B,
Benefit fee, below. Any owner requesting a connection to the water
supply system or changing the existing building use through alteration
or additions shall first make application to the Township and pay
all applicable fees as determined by the Township Board.
A.
Tap charge. Any owner requesting a water service connection
to the water supply system shall pay a charge for tapping the public
water main. This charge includes inspection of the service connection
and installation of a remote reading device. Upon payment of the tap
charge, the DPW will tap the water main for a residential connection
up to 1 1/2 inches and supply a water meter and tail pieces at no
additional cost for residential users. Taps larger than 1 1/2 inches
and commercial/industrial users shall be levied the full tap charge.
The tap charge shall be paid regardless of who has constructed or
installed the water line.
B.
Benefit fee. Any owner requesting a water service
connection to the water supply system or who is changing building
use or making building additions resulting in a change in capacity
units shall be charged a benefit fee.
(1)
Reserve for capital improvements. The total benefit
fee shall be reserved for capital improvements deemed necessary by
the Township Board.
(2)
Based on a capacity unit factor. The total amount
of the water benefit fee shall be based on a capacity unit factor
in accordance with the building's occupational use as defined in the
Schedule of User Charge Capacity Units.[1]
[1]
Editor's Note: The Schedule of User Charge
Capacity Units is on file and available for inspection in the office
of the Township Clerk.
A sewer connection charge shall be paid by each
previously unconnected premises connecting to the sanitary sewer of
the sewage disposal system or existing premises changing its use resulting
in an increase in capacity units in accordance with Subsection A,
Tap charge, and/or Subsection B, Benefit fee, below. Any owner requesting
a new connection to the sanitary sewers of the sewage disposal system
or changing the existing building use through alteration or additions
shall first make application to the Township and pay all applicable
fees as determined by the Township Board.
A.
Tap charge. Any owner requesting a sewer service connection
to the sewage disposal system shall be responsible for the installation
of the sewer lead from the sanitary sewer to the building and shall
pay a tap charge. The tap charge shall be paid regardless of who has
constructed or installed the sewer lead or sewer main.
(1)
Inspection by DPW. Such installation shall be performed
under inspection by the DPW. The tap charge includes this inspection
fee.
(2)
Control manholes, flow meters and sewer leads. Control
manholes, flow meters, and sewer leads shall be furnished, installed,
and paid for directly by the applicant.
B.
Benefit fee. Any owner requesting a sewer service
connection to the sewage disposal system or who is changing building
use or making building additions resulting in a change in capacity
units shall be charged a benefit fee.
(1)
Reserve for capital improvements. The total benefit
fee shall be reserved for capital improvements deemed necessary by
the Township Board.
(2)
Based on a capacity unit factor. The total amount
of the sewer benefit fee shall be based on a capacity unit factor
in accordance with the building's occupational use as defined in the
Schedule of User Charge Capacity Units.[1]
[1]
Editor's Note: The Schedule of User Charge
Capacity Units is on file and available for inspection in the office
of the Township Clerk.
A.
Lien on premises. The charges and rates herein specified
shall constitute a lien on the property served and benefited; and
(1)
Annual certification. If not paid within two months
after the same are due, the official or officials in charge of the
collection thereof shall, prior to September 1 of each year, certify
to the Township Supervisor the fact of such delinquency.
(2)
Action by Tax Assessor. Whereupon such charge shall
be entered upon the next tax roll as a charge against such premises
and shall be collected and the lien thereof enforced in the same manner
as general Township taxes against such premises are collected and
the lien thereof enforced.
B.
Cash security deposit. Provided, however, as provided
in Section 21, Act 94, Public Acts of Michigan, 1933, as amended,[1] where notice is given that a tenant is responsible for
the payment of rates, no further water service shall be rendered to
such premises until a cash deposit of not less than $250 shall have
been made as security for the payment of such charges and service.
[1]
Editor's Note: See MCLA § 141.121.
A.
Deposit of funds. All monies derived from the collection
of the rates and charges imposed by this article as well as any monies
on hand, or in the process of collection, derived from the collection
of sewer and water rates in the Township, shall be deposited into
a bank or banks to be designated by the Township, in a special depository
account to be designated Water and Sewer Receiving Fund, the monies
in said fund to be used and allocated periodically as follows:
(1)
Operation and Maintenance Fund. There shall first
be set aside into a separate account designated Operation and Maintenance
Fund a sum sufficient to provide for the payment of current expenses
of administration and operation of the water supply system and sewage
disposal system and such current expenses for the maintenance thereof
as may be necessary to preserve the same in good repair and working
order.
(2)
Contractual installment payments fund. Any balance
remaining in the Water and Sewer Receiving Fund on August 31, after
the foregoing provisions have been made for the Operation and Maintenance
Fund, shall be set aside on or before October 1 of each year into
a separate depository account designated Contractual Installment Payments
Fund and used and applied to the payment of the contractual installment
payments due on June 1 and December 1 of the next succeeding calendar
year.
(3)
Restriction on use of funds. Said amounts so on hand in the Contractual Installment Payments Fund on October 1 of each year are hereby pledged solely and only for the payment of the contractual installment payments due the next succeeding fiscal year, and pursuant to the authorization provided in Section 12, Subsection (2) of Act 185, Public Acts of Michigan, 1957, as amended,[1] the annual tax levy to provide said payments may be reduced
by the amount so on hand in said Contractual Installment Payments
Fund pledged to the payment of said obligations.
[1]
Editor's Note: See MCLA § 123.742(2).
B.
Annual tax levy obligation.
(1)
Reduction. To the extent such monies are on hand in
the Contractual Installment Payments Fund on October 1 of each year,
the required annual tax levy to provide said contractual installment
payments due in the next succeeding calendar year may be reduced to
an amount sufficient to provide the balance of said payments.
(2)
Elimination. If said monies so on hand in the Contractual
Installment Payments Fund on October 1 of each year are fully sufficient
to pay in full the contractual installment payments due the next succeeding
year, no tax levy shall be required for such purpose.
C.
Records. The Township shall cause to be maintained
and kept proper books of record and account, in which shall be made
full and correct entries of all transactions relating to the water
supply system and sewage disposal system.
(1)
Annual statement. Not later than two months after
the close of each fiscal year, the Township shall cause to be prepared
a statement in reasonable detail, showing the cash income and disbursements
of the water supply system and sewage disposal system at the beginning
and close of the fiscal year, and such other information as may be
necessary to enable any taxpayer of the Township, user or beneficiary
of the services furnished to be fully informed as to all matters pertaining
to the fiscal operation of the system during such year. Such annual
statement shall be filed in the Office of the Township Clerk where
it will be open to public inspection.
(2)
Annual audit. Such books of record and account shall
be audited annually by a certified public accountant to be designated
by the Township Board, and a certified copy of such audit shall be
filed with the Township Clerk.
D.
Annual review of user charges. The total costs of
operation and maintenance of the water supply system and sewage disposal
system and its approved user charge system will be reviewed annually
by the Township. User charges shall be revised periodically to accomplish
the following:
(1)
Maintain the proportionate distribution of operation
and maintenance costs;
(2)
Generate sufficient revenue to pay the total operation
and maintenance costs necessary to the proper operation and maintenance
(including replacement) of the water supply system and sewage disposal
system;
(3)
Excess revenues shall be applied to the next year
and the rate accordingly adjusted.
A.
Rate revisions. The water service rates and sewer
use charges shall be subject to revision by the Township Board. The
intent is that such rates and charges shall provide sufficient funds
to enable the Township to efficiently operate and maintain the water
supply system and sewage disposal system in accordance with its duties
and obligations therefor and to provide additional funds to enable
it to pay all, or a large portion, of its contractual installment
payments, and thus minimizing, to that extent, its annual tax levy
obligation therefor.
B.
Additional contracts. Nothing contained in this article
shall be construed in any way to prevent the Township from entering
into additional contracts with the county under the provisions of
Act 185, Public Acts of Michigan, 1957, as amended,[1] for the acquisition, construction and financing of additions,
extensions and improvements to the water supply system and sewage
disposal system and the use of revenues of the system for the payment
of additional obligations incurred thereby.
[1]
Editor's Note: See MCLA § 123.731
et seq.
A.
Application. The owner of any premises which has been
assessed any charges under this article or any other ordinance with
regard to the water supply system and sewage disposal system may submit
a hardship application to the Township seeking a deferment in the
partial or total payments of the charges based upon a showing of financial
hardship subject to and in accordance with the following:
(1)
Filing. The owner of the premises shall complete a
hardship application provided by the Township Board and file said
application together with all other information and documentation
reasonably required by the Township with the Township Board no less
than 60 days prior to the date of the annual installment due.
(2)
Extend to deferment. Any such deferment shall be for
that annual installment only.
(3)
Applicants. An application shall be completed and
filed by each and every legal and equitable interest holder in the
premises so assessed, excepting financial institutions having security
interest in the premises.
B.
Determination by the Township Board. Hardship applications
shall be reviewed by the Township Board, and after due deliberation
of hardship applications the Township Board shall determine in each
case whether there has been an adequate showing of financial hardship
and shall forthwith notify the applicant of said determination.
C.
Denial hearing. An applicant aggrieved by the determination
of the Township Board may request the opportunity to appear before
the Township Board in person for the purpose of showing hardship and
presenting any argument of additional evidence. Denial of hardship,
following such a personal appearance before the Township Board, shall
be final and conclusive.
D.
Finding of hardship. In the event the Township Board
makes a finding of hardship, the Township Board shall fix the amount
of deferment of partial or total charges so imposed and in so doing
shall require an annual filing of financial status by each applicant,
provided that, upon any material change of the financial status of
an applicant, said applicant shall immediately notify the Assessor
so that a further review of the matter may be made by the Township
Board, and provided further that the duration of the deferment granted
shall be self-terminating upon the occurrence of any one of the following
events:
(1)
Change of the applicant's financial status which removes
the basis for financial hardship;
(2)
Any conveyance of any interest in the premises by
any of the applicants, including the execution of a new security interest
in the premises or extension thereof;
(3)
A death of any of the applicants; and
(4)
Upon receiving a determination of the Township Board
deferring partial or total charges imposed, the owners of the premises
shall, within one month, execute a recordable security interest on
the premises to the Township as the secured party, payable on or before
the death of any of the applicants, or in any event, upon any transfer
of the premises. Said security interest shall be in an amount necessary
to cover all fees and charges required under the article, the consideration
for said security interest being the grants of deferment pursuant
to this article.
A.
General. Separate water meter installation for underground irrigation purposes shall be allowed for any building (residential, commercial, or industrial) having an underground water sprinkling system and shall be subject to all requirements of § 453-25. Hose bibbs or any other connections are prohibited. The customer may request a separate water meter for underground irrigation by first submitting an application to the Township for the meter connection.
B.
Backflow prevention device. A backflow prevention
device shall be installed by a duly licensed plumber, tested by a
certified tester, inspected and approved by the Township plumbing
inspector prior to use.
[Amended 12-2-2019 by Ord. No. 318]
D.
Meter readings. Irrigation water meters shall be read
quarterly.
[Amended 12-2-2019 by Ord. No. 318]
A.
Ownership. All residential water meters shall be and
remain the property of the Water Department, which shall maintain
all water meters in service. All commercial and industrial meters
shall be and remain the property of the property owner.
B.
Location. Water meters shall be installed in a location
as approved by the DPW. Whenever possible, water meters shall be located
below grade level in a basement or utility room and shall be easily
accessible. Meters shall not be allowed in crawl spaces, closets,
or any area to which it is difficult to obtain access. All water meters
must be placed in a location which is nearest to the point where the
service line enters the building. These requirements shall apply to
new construction, remodeling near an existing meter, and the replacement
of old meters.
C.
Setting. All water meters shall be set horizontally
in dry, clean, sanitary places where a small leak or spilling of water
will do no damage. All water meters shall be set with a shutoff ball
valve on each side of the meter. The plumber shall install connections
ready to receive the water meter in a location approved by the DPW.
Residential meters shall be installed by the DPW. Commercial and industrial
meters shall be equipped with a test port and strainer, be installed
by a duly licensed plumber, and be approved by the DPW prior to being
placed in service.
D.
Tampering. All persons are forbidden to interfere
or in any way tamper with a water meter or remove a water meter from
any service connection.
E.
Responsibility for safe keeping. The owner of the
property is responsible for the safe keeping of water meters installed
on the premises and shall, if the water meter is damaged, lost or
stolen from the premises, be charged for repair and replacement.
F.
Commercial/industrial meter pits. Upon special permission
granted by the Township, a water meter may be installed in a meter
pit. A plan for the meter pit shall be submitted to the Township for
review and approval prior to installation. The meter pit shall be
precast concrete with a cast-iron frame and double cover, suitable
for use in cold climates. Meter pits shall be provided with a remote
reading system touch pad, and a sump pump. All costs for review and
inspection shall be paid by the customer.
G.
Remote reading system.
(1)
Location. A remote reading system shall be installed
by the DPW on all residential, commercial, and industrial buildings
serviced by Township water. The remote reading system touch pad shall
be installed in an accessible location adjacent to the gas and/or
electric meters, three to four feet above the ground, with two feet
unobstructed clearance in all directions.
(2)
Discrepancies. When a discrepancy is found between
the remote reading system and the water meter, the reading on the
meter will be used for billing.
H.
Right of entry. The DPW shall have the right to enter
at any reasonable time any property served by a connection to the
water supply system for the purpose of reading the water meter.
I.
Testing.
(1)
Requested by any customer. A water meter may be tested
for accuracy at the request of the customer. If the meter is found
to be accurate plus or minus 5%, a charge equal to the cost of testing
will be billed to the customer.
(2)
Commercial/industrial meter. The DPW will test commercial/industrial
meters on a frequency recommended by the American Water Works Association
and initiate any repairs necessary to ensure correct reading. All
associated costs will be billed to the customer.
J.
Defective water meters. If any water meter is found
to be defective or fails to register, the customer shall be charged
for the use of water in the same amount as was charged the same period
of the previous year.
A.
Application for service. The owner of the property
or his agent shall make application for the installation of a service
connection at the time of application for a building permit. They
shall notify the Township as to the size of the service connection
and meter to be installed. Charges will be based on the information
provided by the applicant. All expenses incurred by reason of incorrect
information shall be charged to and paid by the applicant. Existing
users of the water system shall comply with this section upon reconnection
to the public water main.
B.
Commercial buildings.
(1)
Any commercial building having more than one metered unit must have separate water service from a public water main for each unit, except as provided in Subsection B(2).
(2)
A manifold outside the building is permitted, provided
the service is a minimum two inches and each branch is metered with
a shutoff ball valve in an easement granted to the Township. A separate
connection charge shall be paid for each metered unit serviced.
(3)
Commercial water service shall be a minimum one inch
in diameter.
(4)
Services up to two inches shall be extra heavy, soft
“K” copper. Services greater than two inches shall be
ductile iron, Class 54.
C.
Residential homes.
(1)
Each inhabitable residence must be provided with its
own water meter, stop box, and connection to the public water main.
(2)
Water service lines shall be a minimum 3/4 inch in
diameter extra heavy soft “K” copper between the public
water main and the stop box. Lines from the stop box to the meter
shall be either “K” copper or 160 psi pressure rated polyethylene
(PE) pipe, of the same inside diameter as between the public water
main and the stop box.
D.
Performance of work. For all residential service connections
1 1/2 inches or less, the DPW shall tap the main. A private contractor
shall lay service lines and stop box with inspection provided by the
DPW. All commercial/industrial service connections and residential
connections more than 1 1/2 inches shall be installed by a private
contractor subject to the inspection and approval of the DPW.
E.
Location.
(1)
No service connection shall be installed in line with
a driveway, tree, fire hydrant, catch basin or other obstruction or
beneath any pavement or asphalt or within three feet of any pavement
or asphalt. The Township shall bear no responsibility for replacing
driveways, sidewalks, landscaping or other features that are disturbed,
removed or damaged as a result of work on a service connection.
[Amended 7-17-2006 by Ord. No. 294]
(2)
Services shall be at least five feet below final grade.
This shall also apply to services extending into buildings where there
is no basement.
(3)
It is expressly forbidden to lay any service pipe
inside a building along an outside wall or in any position where there
is danger of frost.
F.
Intermediate connections prohibited. Tee connections
or any other accessible outlet between the water meter and the public
water main are prohibited, except for connections to a Township approved
meter for underground irrigation.
Fire hydrants are to be operated only by the
Fire Departments for official purposes, or the DPW. Any other party
wishing to draw water from a fire hydrant must obtain approval from
the Township.
[Amended 7-15-2019 by Ord. No. 319]
B.
All testable backflow prevention assemblies shall
be tested for good working order upon the following: initially upon
installation or relocation, including reinstallation of seasonal assemblies
that are taken out of service for a period of time and reinstalled;
after a repair; and on an annual basis or as required by East China
Township in accordance with the Michigan Department of Environment,
Great Lakes, and Energy requirements. Testing may be performed only
by individuals holding an active ASSE 5110 tester's certification,
and all testing results must be certified by the individuals performing
such testing.
C.
Inspections. It shall be the duty of East China Township
to inspect all properties served by the public water supply where
cross connection with the public water supply is deemed possible.
The frequency of inspections and reinspections based on potential
health hazards involved shall be established by East China Township.
D.
Right of entry. The representative(s) of East China
Township shall have the right to enter at any reasonable time any
property served by a connection to the water supply system for the
purpose of inspecting the piping system or systems thereof for cross
connections. On request, the owners, lessees, or occupants of any
property so served shall furnish to the inspection agency any pertinent
information regarding the piping system or systems on such property.
The refusal of such information or refusal of access, when requested,
shall be deemed evidence of the presence of cross connection(s), a
misdemeanor, and upon conviction thereof shall be punished by a fine
of $250 a day for each violation. Each day upon which a violation
of the provisions of this section shall occur shall be deemed a separate
and additional violation for the purpose of this section.
E.
Discontinue water service. East China Township is
hereby authorized and directed to take precautionary measures as deemed
necessary to eliminate any danger of contamination to the water supply
system from any property wherein connection in violation of this article
exists. East China Township has the authority to discontinue water
service until the cross connection(s) has been eliminated in compliance
with the provisions of this article.
F.
Public protection. The potable water supply made available
on the properties served by the public water supply shall be protected
from possible contamination as specified by this article and by the
State of Michigan Plumbing Code[2] Any water outlet which could be used for potable or domestic
purposes and which is not supplied by the potable water system must
be labeled in a conspicuous manner as:
|
WATER UNSAFE FOR DRINKING
|
G.
Other codes. This section does not supersede the State
of Michigan Plumbing Code, but is supplementary to it.
H.
Penalties. Any person or customer found guilty of violating any of
the provisions of this section or any written order of East China
Township, in pursuance thereof, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of $250 for
each violation. Each day upon which a violation of the provisions
of this section shall occur shall be deemed a separate and additional
violation for the purpose of this section.
A.
Authority. Every person, firm, or corporation whose
premises are supplied water by the Township shall be subject to this
section and all rules and regulations pertaining to use of Township
water. It shall be lawful for the DPW to enter upon the premises of
any customer of Township water to inspect any and all appurtenances
pertaining to the water system on site. Officers of the Police Department
and/or the Township are authorized to issue ordinance violation notices
and/or tickets to any person violating any provision of this section
or any rule or regulation duly adopted pursuant to this section. Upon
failure of the customer or occupant to immediately comply with provisions
of this section, or grant access to the DPW, the Township shall be
authorized to immediately terminate water service to the premises.
B.
Declaration of water emergency. The Township Supervisor
or designated alternate is authorized to declare a water emergency
when no means are immediately available to adequately maintain flow
and residual pressures throughout the system as a result of, but not
limited to, the following conditions: prolonged drought, heavy water
use, or interruption of the supply, treatment, or distribution.
C.
Water reduction or prohibition. The Township may initiate
alternate day sprinkling, prohibition of outdoor water use, or whatever
means of water restriction determined as necessary based on the nature
of the water emergency.
D.
Notice. Upon declaration of a water emergency, the
Township will announce it by use of public radio, television, and/or
newspaper(s) of general circulation in the community. Failure to receive
notification does not alleviate a customer of responsibility under
this section.
E.
Duration. The water emergency shall remain in effect
24 hours per day, seven days per week until the end of the water emergency
is announced by the Township.
