[Adopted 2-9-1998 by Ord. No. 216 (Ch. 54, Art. II, of the
2003 Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Shall be understood to have the meanings as defined in Section
3 of Public Act No. 94 of 1933 (MCLA § 141.103).
The complete water supply and sewage disposal system of the
Village, including all wells, storage tanks, mains, lines, pumps,
treatment facilities and all other facilities used or useful in the
storage, supply and distribution of potable water, and the collection
and treatment of sanitary sewage, including all appurtenances thereto,
and including all extensions and improvements thereto, which may be
acquired.
It is determined to be desirable and necessary for the public
health, safety and welfare of the Village, that the water supply and
sewage disposal system of the Village be operated by the Village on
a public utility rate basis in accordance with the provisions of Public
Act No. 94 of 1933 (MCLA § 141.101 et seq.).
The operation, maintenance, alteration, repair and management
of the system shall be under the supervision and control of the Village
Council. The Village Council may employ such persons in such capacities
as it deems advisable to carry on the efficient management and operation
of the system, and may make such rules, orders and regulations as
it deems advisable and necessary to assure the efficient management
and operation of the system.
The rates fixed are estimated to be sufficient to provide for
the payment of the expenses of administration and operation of the
system, for maintenance of the system, as are necessary to preserve
it in good repair and working order, and to provide for such other
expenditures and funds for the system as this article may require.
Such rates shall be fixed and revised from time to time as may be
necessary to produce these amounts.
No free service shall be furnished by the system to any person,
firm or corporation, public or private, or to any public agency or
instrumentality.
Rates to be charged for service furnished by the system shall
be as established by resolution.
If water is turned off for nonpayment of utility charges, a
disconnection charge in the amount established by resolution shall
be assessed which shall be paid prior to water service being reestablished
to the premises.
For the use of water through fire hydrants and for the availability
of such water, the Village shall pay from the general funds of the
Village, annual hydrant rental in the amount established by resolution,
which shall be paid in four quarterly installments with such installments
coming due on the last day of the month of each quarter of the fiscal
year established for the Village.
For special services or in special circumstances, or where no
water service is provided or no water meter installed, the Village
Council shall establish by contract, resolution or ordinance, a special
rate for water and/or sewer services.
Bills for service from the system shall be due and payable on
the tenth of each month. All bills not paid when due shall be charged
a penalty of 10%. In addition to other remedies for collection available,
the Village shall have the right to shut off water to any premises
when utility charges are not paid by the 20th of each month. Each
premises shall pay for water and sewer service in accordance with
rates established in this article.
Charges for services provided by the system shall constitute
a lien on the property served, and if not paid within six months after
they become due, the official in charge of the collection thereof
shall, prior to April 1 of each year, certify to the Village assessing
officer, the facts of such delinquency, whereupon the Village assessing
officer shall enter such delinquent charges upon the next general
Village tax roll as a charge against such premises. The charges shall
be collected and the lien enforced in the same manner as general Village
taxes against such premises are collected. The Village shall have
such other and further remedies as have been established by Public
Act No. 178 of 1939 (MCLA § 123.161 et seq.). All remedies
are cumulative along with other actions, proceedings and remedies
permitted by law.
