[Adopted 8-25-1975 by Ord. No. 42 (Ch.
26, Part 2, of the 1994 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Bonneauville Borough Municipal Authority, a Pennsylvania
Municipality Authority.
The Borough of Bonneauville, Adams County, Pennsylvania,
a Pennsylvania municipal corporation, acting by and through its Council
or, in appropriate cases, acting by and through its authorized representatives.
Each of the following connected, directly or indirectly,
to and receiving water service from the water system:
A building under one roof and occupied by one
family or business;
A combination of buildings in one enclosure
or group and occupied by one family or business;
One side of a double building or house having
a solid vertical partition wall;
A building, house or other structure, or any
room, group of rooms or part thereof, occupied by more than one family
or business, the water fixtures of which are used in common;
Each room or group of rooms in a building occupied
or intended for occupancy as a separate business or as separate living
quarters by a family or other group of persons living together or
by a person living alone, the water fixtures of which are not used
in common;
Each trailer occupied by one family or business;
or
Each school building.
Any unmetered purchase of water provided from the water system
through the opening of either a fire hydrant or water main valve.
[Added 3-17-2009 by Ord. No. 102]
Each billing unit used or intended for use, in whole or in
part, for educational purposes, including both public and private
schools.
Any person vested with ownership, legal or equitable, sole
or partial, of any billing unit, receiving water service from the
water system.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The water works, water supply works and water distribution
system facilities, together with all appurtenant facilities and properties,
including all property, real, personal and mixed, which heretofore
have been and hereafter will be acquired and constructed by the Authority,
together with all other appurtenant facilities which the Authority
shall acquire, including all property, real, personal and mixed, rights,
powers, licenses, easements, rights-of-way, privileges, franchises,
and all other property or interests in property of any nature, for
use in connection with constructing, operating and maintaining said
water facilities, and all additions, extensions and improvements which
hereafter, from time to time, may be made thereto, and which facilities
are leased by the Authority to this Borough for maintenance, operation
and use.
[Amended 12-15-1981B; 9-17-1985; 3-16-1993 by Res. No.
93-1]
A.
The following water rates, rents and charges are made,
fixed, adopted, established and imposed upon the owner of each billing
unit served or to be served by the water system, for use thereof.
(1)
Schedule of meter rates.
(a)
All metered billing units shall pay a consumption
charge, per quarter, for consumption of water, as follows:
|
Monthly Water Volume Usage
|
Monthly Rate
|
|---|---|
|
For the first 5,000 gallons
|
$27.41 per 5,000 gallons or fractional part
thereof
|
|
All over 5,000 gallons
|
$2.10 per 1,000 gallons or fractional part thereof
|
(b)
Notwithstanding the foregoing, the minimum water
usage charge shall be $27.41 per month for each billing unit.
(2)
Schedule of flat rates for special classifications.
(a)
For each fire hydrant, public or private, connected
to the water system for fire protection service, as of the last day
of the preceding quarter annum billing period or the date of commencement
of service with the water system, as applicable, $47.50 per quarter
annum, payable quarterly.
(b)
For any fire service other than that covered by Subsection A(2)(a) above, such as sprinklers and standpipes, rates shall be separately established by the Borough.
(c)
For testing water meters upon written request
of the owner of a billing unit:
|
Size of Connection
(inches)
|
Charge for Testing Each Meter
|
|---|---|
|
5/8 to 1
|
$2
|
|
1 1/2 to 2
|
$5
|
|
3
|
$10
|
|
4
|
$15
|
|
Larger than 4
|
Greater of $15 or actual cost
|
(d)
For each cutting or turning off of service and for each turning on of service; subject, however to Subsection B of this article: $10.
(e)
Water service charges for any billing unit constituting an educational establishment shall be on a metered basis, based on the metered rate schedule as set forth in Subsection A(1) hereof, calculated as follows:
[1]
The Borough, at the beginning of each fiscal year, shall estimate the annual volume of water to be used by each such educational establishment during such fiscal year, and such educational establishment shall make monthly payments for water service based on such estimate for the first 11 months of each fiscal year, with a final adjustment being made in the 12th month of each fiscal year, based on actual metered water usage for such fiscal year, subject however to the minimum monthly charge set forth in Subsection A(1) of this article.
[2]
This charge shall cover all fire service requirements
of the educational establishment.
(3)
Unmetered
bulk water.
[Added 3-17-2009 by Ord. No. 102]
(b)
Any water service for unmetered bulk water shall apply for such service
as follows:
[1]
Written application shall be made to and accepted by the Borough
by submitting said application to appropriate Borough authorities
specifically stating the nature and extent of the service being applied
for, and providing the technical details of the proposed connection
as by public or private fire hydrant or water main.
[2]
A deposit, satisfactory to the Borough, shall be paid to the Borough.
The deposit amount shall be determined by the Borough or Borough authorities
or employees based upon the application submitted and the details
provided therein.
[3]
Only Borough authorities or employees may open water system valves,
whether main system valves or public or private fire hydrant.
B.
Water service for construction and other temporary purposes shall be provided at the metered rates set forth in Subsection A(1) hereof; provided, however, the following shall apply to each such service:
(1)
Written request shall be made to and accepted by the
Borough for such temporary service, specifically stating the nature
and extent of the service, and setting forth the proposed technical
details of the proposed connection.
(2)
A deposit, satisfactory to the Borough, shall be made
for temporary meters and minimum charges.
(3)
By request to the Borough for such service, the purchaser
guarantees that the meters shall be neither tampered with nor damaged,
and that the meter at all times will be protected from freezing, vandalism
and similar hazards.
C.
Where more than one billing unit is located in one
building, house or other structure owned by one owner and such building,
house or other structure, at the discretion of this Borough, is served
by one service connection, multiple charges per month shall be imposed
upon such owner equal to the number of billing units located in such
building, house or other structure. The multiple charge per month
shall be computed in the following manner:
(1)
The total consumption of water through such common
water meter shall be divided by the number of billing units served
thereby;
(2)
The schedule of meter rates for computing water rates, rents and charges established under Subsection A hereof, shall be applied to the resultant quotient; and
(3)
The resultant pro-rata rental and charge for each
billing unit shall be multiplied by the number of such billing units
receiving water service through such common water meter to arrive
at the total bill for all such billing units served through the common
meter; provided, however, that there shall be charged the minimum
monthly rate, rental and charge for each billing unit computed on
the same basis as if each billing unit was served by a separate water
meter.
A.
Bills for billing units for water service supplied
shall be rendered monthly, and shall represent the amount due for
water service rendered during the preceding month.
B.
Except as provided otherwise in § 242-7, all bills for billing units for water service shall constitute the net bill and shall be due and payable as of the date thereof. If any such net bill for water service shall not be paid within 30 calendar days after the same shall become due and payable, such net bill shall be deemed delinquent and a penalty of 10% shall be added to such net bill, which net bill, plus such penalty, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-day period, as above set forth, shall constitute payment within such period. If the end of such thirty-day period shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such thirty-day period.
C.
Whenever water service to any billing unit shall begin
after the first day or shall terminate before the last day of any
month, the water rates, rents and charges for such period shall be
prorated equitably for that portion of the monthly period during which
service was provided.
D.
Each bill for a billing unit for water service shall
be made out in the name of the owner. Each owner initially shall provide
this Borough with, and thereafter shall keep this Borough advised
of, his correct address. Failure to receive a bill for water service
shall not be considered an excuse for nonpayment, nor shall such failure
result in an extension of the period of time during which such bill
shall be payable without penalty.
E.
An owner desiring abatement of a water bill due to
a vacancy shall give notice in writing to this Borough requesting
water service to be shut off. All vacancies shall date from the day
the required notice is received by this Borough or from the date specified
in the notice requesting water service to be shut off, whichever is
later. Allowance shall be made for the period of vacancy in computing
the bill for the billing unit involved; provided, however, that no
abatement shall be made for a period of less than one month.
F.
Water rentals or charges based upon metered volume
of water consumption, at the option of this Borough, may be billed
on the basis of estimated volume of consumption or discharge, as applicable,
for any month or months, not exceeding three successive months, such
estimates to be made pursuant to generally accepted engineering standards,
or pursuant to rules or regulations of this Borough.
Water rentals or charges imposed by this article
shall be a lien upon the property connected to and served by the water
system and any such water rentals or charges which are not paid within
30 days after each monthly billing date, at the discretion of this
Borough, shall be filed as a lien against said property so connected
to and served by the water system, which lien shall be filed in the
appropriate office of the County of Adams, Pennsylvania, as provided
by law, and shall be collected in the manner provided by law for the
filing and collecting of municipal claims.
A.
Discontinuation of water service.
(1)
The Borough may discontinue water service to a billing
unit, upon 10 days' written notice to the owner thereof, for any of
the following reasons:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
For misrepresentation in application as to premises
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 of otherwise.
(d)
For failure to maintain in good order connections,
service lines or fixtures required to be maintained by the owner.
(e)
For molesting any service line, meter or other
appliance supplied or required by the Borough.
(f)
For any violation of any of the rules and regulations
of the Borough relating to water service.
(g)
For nonpayment of bills for service in accordance
with the rates and regulations herein set forth.
(h)
To enforce any rights of the Borough to terminate
water service for any other reason, including nonpayment of sewer
rents and charges due and owing to the Borough by the owner of a property.
(2)
In the event of a termination of service of water
service for any of the foregoing reasons, water service will not be
restored until the gross bill, together with the turn-on charge in
effect at the time, shall have been paid to the Borough.
B.
The Borough may, at any time, restrict or regulate
the quantity of water used by billing units if, in the sole discretion
of the Borough, such restrictions and regulations should become necessary
for the public welfare. In case of necessity the Borough may shut
off the supply of water for the purpose of making repairs to the water
system, or to the sewer system operated by the Borough.
C.
The Borough may shut off the supply of water and remove
its equipment from the premises upon reasonable notice if, in the
judgment of the Borough, an installation has become hazardous or defective,
or if the Borough has received a notice from the proper governmental
authorities that the owner's equipment attached to the water system
or use thereof injuriously affects the equipment of the Borough or
service to other billing units.
D.
In the case of fire service:
(1)
No consumption for other uses shall be taken from
the pipe lines for such service and no attachments shall be installed
for this purpose, except by permission of the Borough and on such
further conditions, including payment of appropriate rates, as the
Borough shall establish.
(2)
All fire service lines connecting to the mains of
the water system shall be provided with a controlling valve placed
near the water system mains.
(3)
All construction for fire service lines shall be at
the expense of the owner.
E.
Family operated businesses which occupy a property
common to the family dwelling and which do not have:
(1)
Any employees other than immediate family members
who live on the property; and
(2)
Water using devices or fixtures within the part of
the property used by the business establishment for either use as
process water or for the use and convenience of the clients, customers
or the public, shall pay only the meter rates monthly for the number
of billing units for residential purposes on such property.
F.
The owner of any billing unit connected to the water
system shall be responsible for all acts of tenants or other occupants
of such billing unit insofar as such acts shall be governed by provisions
of this article.
G.
The rentals and charges herein specified and other
requirements hereof imposed on owners of property connected to the
water system are part of a contract and every such owner who connects
to the water system agrees to be bound by the provisions hereof.
H.
No officer or employee of the Borough is authorized
to vary rentals and charges imposed hereby or other provisions hereof
without action by the Council of the Borough.
I.
The Borough shall not be liable for a deficiency or
failure of service when occasioned by an emergency or required repairs,
or failure from a cause beyond its control; the Borough reserves the
right to restrict the use of the water system whenever public welfare
may require it; and the Borough shall not be responsible for any damage
or expense to any owner or other person or to any billing unit or
property resulting from any leak, stoppage or defect in the water
system or water service.
A.
The owner of each billing unit to be connected to
the water system shall provide a readily accessible, safe, protected
and suitable location for installation of a meter so that the same
can be easily examined and read. In cases where it is not convenient
to place a meter within a building, a concrete or brick pit with suitable
cover shall be built, or an approved meter box shall be installed
inside the property line, at the expense of the owner. The owner must
at all times protect the meter from frost or any other hazard and
will be held responsible for repairs to the meter made necessary by
his negligence.
B.
The Borough will furnish to the owner of a billing
unit, or his plumber, a suitable water meter and connections to be
connected to the water system after installation of the service line
has been inspected and approved. The meter shall be installed at the
expense of the owner and at a location and in the manner approved
by the Borough. The owner shall provide, at his expense, a valve at
the inlet and a valve at the outlet ends of the meter, which valves
shall conform to standards for such valves of the American Water Works
Association. In cases where steam or hot water under pressure is used,
a swing check valve must be placed, at the expense of the owner, directly
ahead of the meter and before any outlets are taken off the service
pipes, to prevent injury to the meter. All damages done to the meter
by steam or hot water must be paid by the owner. No person shall set,
reset, adjust or remove any meter without approval of the Borough.
C.
No connection or outlet will be permitted on the service
line between the main and the meter. All water used must pass through
the meter.
D.
The quantity of water recorded by the meter shall
be final and conclusive except when the meter shall fail to register
or shall be determined to be in error; in such instances the quantity
of water delivered during the period in question shall be estimated,
after due consideration of previous or subsequent properly measured
deliveries.
The Borough shall have the right of access,
at all reasonable times, to any part of any property served by the
water system as shall be required for purposes of inspection, observation,
measurement and testing and for performance of other functions relating
to service rendered by the Borough through the water system.
Proper officers of the Borough are authorized
and directed to do all things and to take all legal action necessary,
including the filing of municipal claims in accordance with law, to
enforce collection of water rate, rents and charges established and
imposed hereby and otherwise to carry out the provisions hereof.
A.
This Borough, from time to time, in accordance with
law, by appropriate ordinance or resolution, may adopt such additional
rules and regulations as, in the opinion of the Council of this Borough,
may be desirable, beneficial or necessary for or in connection with
use and operation of the water system and which shall govern and control
the distribution and supply of water by this Borough.
B.
Any such rules and regulations shall be construed
in conjunction with the provisions hereof and shall become effective
upon the date fixed by this Borough upon adoption thereof.
