Chapter 425 Water

The base water service charge shall consist of a fixed amount, not associated with any flow allowance, deemed to be an availability charge assessed to all single-family residences, apartment units, businesses, institutions, and any other class of users not mentioned. It shall be determined by the City Council to be sufficient to reimburse the City for costs associated with water debt service and the maintenance of reserve and contingency funds or any other charges deemed fixed by the City Council. This rate shall be set forth in Chapter 180, Municipal Fees.

The City usage charge shall consist of an amount set by City Council sufficient to reimburse the City for costs associated with the cost of operating the water utility which includes personnel costs, insurance, general and administrative costs and costs specific to the utility such as chemicals, line repair, etc. This rate shall be set forth in Chapter 180, Municipal Fees. This fee shall be calculated based on water consumption by each user per 1,000 gallons per quarter.

Meter rate schedule.

The base charge shall apply to all metered users with a flow rate of up to 250 gallons per day or 91,250 gallons per year of the previous calendar year. Metered users with flow rates exceeding 250 gallons per day or 91,250 gallons per year shall be assessed an additional base charge for each 250 gallons per day or 91,250 gallons per year. If this data is unavailable for calculation, partial calendar year data, historical data or engineering estimates may be used to calculate the base charge until such time as calendar year data is available. All multiplier calculations shall be rounded to the nearest even number. If two or more residences, apartments, businesses, institutions, or any other class of users not mentioned are connected through a single meter, the base amount shall be computed as though each user was a separate property or user with a separate connection. All units connected to the system shall be billed for no less than one base charge.

EQUIVALENT DWELLING UNIT (EDU)

Where there is no water meter for residential users, the City shall bill the usage fee based on the average flow of metered residential users on the system. Users with no water meters may be compelled by the City to install such meters at their cost.

Billing. Water meters shall be read by the City and bills submitted quarterly to each user for usage during the previous quarter (three months).

Rates for out-of-City users. Nothing herein shall require the City to charge the same water rates or other water system charges to users located outside the corporate limits of the City as those charges to users located within the corporate limits of the City.

Service charge for out-of-City users. Water service charges to out-of-City users shall be at a rate of 1.33 times the in-City user rate established by the City unless special services agreements are executed between the City of Harrington and the user.

Mailings. Bills for water service charges shall be mailed to the address of the property owner. Property owners may add a secondary address for bills to be sent to with written notification. Failure to receive a bill as a result of incorrect address or otherwise shall not excuse nonpayment of a bill or extend the time for payment.

Due date. Bills for water service charges shall be payable not less than 30 days after the date of billing for the period.

Penalty. There shall be assessed a late payment charge of 2% per month on all unpaid amounts due and owing the City commencing at least 30 days after the bill is issued by the City.

Water meter calibration fee. A water meter calibration fee as set forth in Chapter 180, Municipal Fees, shall be paid to the City of Harrington for the cost of those services associated with determining and/or verifying the calibration of water meters. The City of Harrington has meters tested and determines the accuracy of said meters based on the American Water Works Association (AWWA) standard of 2% tolerance. Meters testing between 98% and 102% are deemed to be accurate. Said fee shall not be assessed if, after verification of calibration, it is determined that the meter was incorrectly measuring flow in the City of Harrington. Billing for inaccurately billed water or sewer service shall be estimated from previous readings, and any adjustments made following the next meter reading.

Fire service connections. Fire service connections shall be addressed separately based on the size of the fire service line and charged according to the fee specified in Chapter 180, Municipal Fees.

Sprinkler charges. Quarterly sprinkler charges shall be set forth in Chapter 180, Municipal Fees. New customers are required to install a detector check valve on the sprinkler system line.

Article II Water Use

[Adopted 10-18-1999 by Ord. No. 99-04]

§ 425-2 Definitions.

[Added 6-16-2014 by Ord. No. 14-07[1]]

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

CITY MANAGER

The duly appointed or designated City Manager of the City of Harrington, as well as such other person under his or her supervision who is appointed to enforce the provisions of this chapter.

CROSS CONNECTION

Actual or potential connections between a potable water supply and a nonpotable source, where it is possible for a contaminant to enter the drinking water supply.

CURB or CURBLINE

The curb stop or service valve of the service connection to the customer.

A term used to express the load produced on a water system approximately equal to one dwelling place or 250 gallons per day (91,250 gallons per year).

IMPACT FEE

A one-time fee imposed by the City upon the owner(s) of any new, remodeled, restored or enlarged residential, commercial, institutional or industrial structure or structures or any combination thereof which results in an increased water demand on the existing public water system.

MAY

Permissive (see also definition of "shall" below).

PERSON

Any individual, firm, company, association, society, corporation, or group.

PUBLIC WATER SYSTEM

A water system controlled by a governmental agency.

SHALL

Mandatory (see definition of "may" above).

USER

Any dwelling, commercial unit, industrial unit or any other type of classification not listed here connected to the public water system.

[1]

Editor's Note: This ordinance also provided for the redesignation of former §§ 425-2 through 425-9 as §§ 425-3 through 425-10, respectively.

§ 425-3 Connection fees.

[Amended 6-16-2003 by Ord. No. 03-02; 12-15-2008 by Ord. No. 08-07]

The water connection fee shall be assessed in an amount equal to the actual cost of installation in instances where the cost of said installation exceeds the established minimum service connection fee set forth in Chapter 180, Municipal Fees.

All service connection fees for multifamily residential units served through a common service pipe with master or gang-type metering, such as an apartment, townhouse, condominium or other dwelling unit, shall be assessed a separate fee per unit.

Fire service connections shall be exempt from the above-referenced service connection fee and shall be addressed separately as set forth in Chapter 180, Municipal Fees.

§ 425-4 Water meter installation; fees.

[Added 12-15-2008 by Ord. No. 08-07]

Water meters shall be installed at the time of any new construction tap-ins to water and sewer lines. Each single-family residence, multifamily unit, business, industry or institution shall be metered individually.

Any new water and sewer users within the City limits shall be responsible for the expense of taking water and sewer lines inside the property line.

Water meters must be of the make and model approved for use by the City of Harrington; they may be purchased from the City if desired.

All meter installations and connections to City sewer and water lines must be inspected and approved by the City of Harrington before the meters and connections may be covered over.

When a water meter is installed on private property within the City of Harrington, it becomes the property of the City of Harrington.

Residential meter and meter pit installation shall be charged for new and existing service lines at the established fee set forth in Chapter 180, Municipal Fees. Commercial meters and meter pits are charged at the actual cost incurred by the City.

§ 425-5 Public water system connections.

Unauthorized connection to public system prohibited. No person shall cause any building to be connected, or permit any building to be connected, or allow any building to remain connected, or connect any building to the public water supply system of the City of Harrington while any portion of the water supply system of said building is connected to any other source of water, including a private well; provided, however, that nothing herein shall prevent a property owner from maintaining an existing private well on the premises for the sole purpose of providing water for exterior irrigation purposes, as long as there is no cross-connection between the public water supply system of the City of Harrington and said preexisting well.

Cross-connection between public system and other sources prohibited. There shall be no cross-connection between the public water supply system of the City of Harrington and any other source of water.

Disconnection from public system to connect to private system prohibited. No person whose building or property is connected to the public water supply system of the City of Harrington shall voluntarily cause or permit said building or property to be disconnected from the public water supply system of the City of Harrington and connected to a private well.

Only authorized persons to reconnect water service. No person other than those persons under the direction of the City Council of the City of Harrington shall reconnect water service following disconnection pursuant to § 425-6 herein. Any person violating this section shall be guilty of a violation and, upon conviction in a court of competent jurisdiction, shall be fined not less than $50 nor more than $250 and shall pay the costs of prosecution for each offense.

[Amended 6-19-2000 by Ord. No. 00-04]

Mandatory connection to public system. All owners of improved property in the City of Harrington abutting upon but not presently connected with the existing water system are hereby required to connect their premises to the water system within 90 days from the effective date of this chapter. All owners of improved property which shall abut upon future water improvements when constructed shall thereupon connect therewith. All owners of unimproved property which shall be improved in the future shall connect immediately prior to the issuing of a certificate of occupancy with any such water then or subsequently abutting thereon. For complete disconnection from system of demolished properties, see § 399-7.

[Amended 6-16-2014 by Ord. No. 14-07]

Users located outside of City limits. Any user of the municipal water system of the City of Harrington who requests the furnishing of water from the City system to a place or property outside the corporate limits of the City of Harrington, and who is provided the same by the City of Harrington, shall be subject to any and all ordinances, rules, and regulations applicable to the City's water system and use thereof, whether currently enacted or to be enacted in the future. Acceptance of water service by an out-of-town user shall constitute an agreement by said user to comply with and be subject to any such ordinances, rules, and regulations.

[Added 6-16-2014 by Ord. No. 14-07[1]]

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection F as Subsection G.

Distribution system requirements:

Hydrant spacing, location and flows shall meet the Delaware State Fire Prevention Regulations, latest edition.

Water distribution mains supplying hydrants shall be a minimum of six inches.

All water distribution system mains must be looped in such a way that one valve will not shut off the water supply.

§ 425-6 Applications and deposits.

Application for service connection:

Any property owner desiring the introduction of a service line or lines from the City's main into his or her premises must first make a written application, on the form furnished by the City, at least two weeks before service is required, stating the street and lot number or location, the name of the owner and tenant, the purpose for which service will be used, the guaranty that such service will continue for at least one year and the exact time when the trench from curb to property will be ready for making the connection.

The application must be signed by the owner of the premises or his/her duly authorized agent, which application shall, together with the rules and regulations, regulate and control the service of water to such premises.

Application for water service:

The prospective customer or the duly authorized agent thereof will make a signed application for water service upon the City's form provided therefor, and, if approved by the City, water will be supplied in conformity with the class, scope and type of service appropriate to the customer's premises, as set forth in the application, and only at the rate schedule applicable thereto. The customer's application for service, duly approved by the City, together with these rules and regulations, constitutes the contract between the customer and the City; nevertheless, the acceptance and use of water service at any premises by an occupant, without formal application therefor, obligates the occupant as the contractual party, and he/she is bound thereby as the customer.

A new application must be made to the City and approved thereby upon any changes in the identity of the customer and any premises or in the service as described in the appurtenant.

Service will be renewed under a proper application when the conditions under which such service was disconnected are corrected and upon payment of all charges provided in the schedule of water rates and charges or in the rules and regulations.

When application is made for temporary use of water, requiring a temporary connection, the cost of installation and removal of such temporary facilities shall be borne by the applicant, and the applicant shall pay the temporary use fee provided for herein for each period of 90 days.

Deposits.

The City reserves the right at any time to require a deposit from any regular service customer in an amount equal to the estimated charges for any single billing period, not exceeding three months, plus one month, as security for payment of service bills as accrued whenever the credit of the customer has not been established or thereafter properly maintained as evidenced by service discontinuance.

Deposits may be returned to the depositor when he/she has established his/her credit to the satisfaction of the City.

The deposit will bear no interest.

Any customer having a deposit shall pay bills for water service as rendered, in accordance with the rules and regulations, and the deposit shall be considered as payment on account of a bill during the time the customer is receiving water service.

§ 425-7 Service discontinuance fees.

Water will be turned off any premises upon a written order of the customer without in any way affecting the existing contract.

Service under normal contractual application or special contract, including private fire protection service, may be discontinued after due notice for any of the following reasons as may be applicable:

For misrepresentation in an application as to property, interest or service.

For the use of water for any other property or purpose than that described in the application.

For tampering with any service pipe, meter, curb stop or seal or any other appliance of the City.

§ 425-8 Service lines from curb to premises.

For willful or careless waste of water by reason of improper, impaired or deteriorated piping, fixtures or otherwise.

(5)

For nonpayment for any water system charges or fees when due.

(6)

In case of unreported vacancy of premises.

(7)

For violation of any rule of the City.

(8)

Refusal of access to the premises to inspect, read, maintain or remove meters.

(9)

Refusal to conserve water during periods of advertised restricted supply.

(10)

Failure to pay water bills or charges incurred at another premises.

(11)

Existence of any cross-connection at a premises.

As necessity may arise in case of break or rupture of any main, any emergency or other unavoidable cause, the City shall have the right to temporarily suspend the water supply in order to make necessary repairs, connections or installations; however, the City will use all practicable and reasonable measures to afford, whenever possible, advance notice of such interruption of service. However, the City will not be liable for any damage or inconvenience suffered by customers or occupants of the premises supplied; the City will not in any case be liable for any claim against it at any time for interruption in service, inadequate supply or pressure or quality of water for any cause reasonably beyond its control.

A fee as set forth in Chapter 180, Municipal Fees, payable in advance, shall be made for turning on water in restoration of service after discontinuance for reasons other than those contained in Subsection C. Should such a service call be required after normal duty hours on weekends or holidays, a fee as set forth in Chapter 180, Municipal Fees, will be payable in advance.

[Amended 12-15-2008 by Ord. No. 08-07]

All service lines from the curb to the premises shall be installed at the expense of the customer and remain an appurtenance of the premises to be supplied and accordingly maintained in proper condition. The service line shall comply with the City's specifications for material and location or otherwise have the City's approval. The service line shall be laid at a minimum depth of 30 inches throughout its length and shall terminate in a brass stop of an approved pattern within the premises, at a point easily accessible to the occupant at all times, for protection against leaks and freezing in piping of the premises and to facilitate repairs thereto.

All leaks in the customer's service lines shall be promptly repaired by the customer. Upon failure to make repairs with reasonable dispatch after due notice, the City may discontinue water service, which will not be restored until all proper and necessary expenses incurred by the City in the discontinuance and restoration of water service to the premises involved shall have been paid to the City by the offending customer.

Under no circumstances will the City be responsible for maintenance of the service lines or any piping or fixture on the premises supplied, other than the City's own specific property, or for damage caused by water escaping therefrom, and the customer shall invariably comply with state and municipal regulations with reference thereto and shall make any changes therein necessitated by reason of change of grade in a street or sidewalk, relocation of the distribution main or otherwise.

Where more than one occupant of a premises is supplied through one common service line, any violation of the rules and regulations by any one occupant shall be deemed a violation by all, and the City may take necessary action accordingly, as provided by the rules and regulations, except that water service to the premises shall not be discontinued to the customer until the customer shall be given a reasonable opportunity to install a separate service line for each occupant.

§ 425-9 Operation of public system; water restrictions.

Opening and closing valves. The operation of a service stop or valve is absolutely prohibited to anyone other than an employee of the City in the regular line of duty.

[Amended 6-16-2014 by Ord. No. 14-07]

Restriction of water use.

The City shall have the right to reserve a sufficient supply of water at all times in the water towers and reservoirs to provide for fire protection and other emergencies or to restrict or regulate the quantity of water used at the customer's premises in cases of scarcity or whenever the public welfare may require such action.

The City reserves the right to suspend the use of fountains and hoses for sprinkling streets and yards, washing cars, etc., whenever, in the opinion of the City, public exigency requires it. The City shall not be liable for failure to supply water at any time, provided that such failure shall not be due to negligence upon its part.

EQUIVALENT DWELLING UNIT (EDU)

The City Manager shall act on behalf of the City to declare a water emergency and to impose water use restrictions. He/She shall notify the City Council of any such action within 24 hours after taking such action.

§ 425-10 Impact fees.

Purpose. The purpose of this section is to establish appropriate provisions for the equitable distribution of the debt service associated with the water system improvements of the City and to be sure that the cost of such debt service is proportionally borne by those who receive the benefits of the water system improvements constructed with the associated bond revenues.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANNUAL PRODUCTION DAYS

The number of days per year a structure is open for business as documented by verifiable records.

A term used to express the load produced on a water system approximately equal to one dwelling place or 250 gallons per day.

[Amended 6-16-2014 by Ord. No. 14-07]

IMPACT FEE

A one-time fee imposed by the City upon the owner(s) of any new, remodeled, restored, or enlarged residential, commercial, institutional or industrial structure or structures or any combination thereof which results in an increased water flow from the existing water distribution system.

WATER FLOW

Shall be determined by water consumption in accordance with water meter readings.

Fees. All developers or owners of newly constructed structures or enlarged/improved existing structures requiring water service shall pay prior to the issuance of a zoning compliance certificate a fee per EDU to the City. The City Council shall set the amount of the fee on an annual basis during the budget process. Neither the City Manager and/or his/her designee nor any other City representative shall issue a certificate of occupancy until such fee is paid. The City reserves the right to withhold water service until such time as the fee is paid in full.

[Amended 6-16-2003 by Ord. No. 03-02; 6-21-2004 by Ord. No. 04-06; 12-15-2008 by Ord. No. 08-07; 6-16-2014 by Ord. No. 14-07]

Establishment of equivalent dwelling units (EDUs). The rate per equivalent dwelling unit (EDU) shall be established in Chapter 180, Fees, Municipal.

[Amended 8-6-2012 by Ord. No. 12-20; 2-19-2013 by Ord. No. 13-02]

Determination for residential dwellings. Whenever by ordinance or by contract the City imposes or assesses water charges or fees on the basis of EDUs, an EDU shall be determined in the same manner as wastewater collection charges or fees and as defined in the most recent impact fee ordinance adopted by the Kent County Levy Court. An EDU for a residential dwelling shall be determined as follows:

(a)

Houses, dwellings, mobile homes and apartments with one kitchen and one or more baths and bedrooms separate from the kitchen: 1.0 EDU.

(b)

Efficiency unit or cottage having a living space in one room and having one bath: 1.0 EDU.

(c)

Dwelling with one kitchen and one or more baths and bedrooms separate from the kitchen and attached to other dwellings or structures: 1.0 EDU.

Determination for nonresidential establishments. Whenever the City imposes or assesses water charges or fees on the basis of EDUs, the number of EDUs to be charged shall be determined in the same manner as wastewater collection charges or fees and using the appropriate specific assessment as defined in the most recent impact fee ordinance adopted by the Kent County Levy Court. When users propose water usage under circumstances other than the specific assessments defined by the county, the City's impact fee shall be calculated by the City Engineer based on flow in gallons per day (GPD). In such cases where the impact fee is calculated by flow, each EDU shall be equal to 250 GPD.

Minimum assignment. A minimum of one EDU will be assigned to each establishment connecting to the system. For the purposes of calculating the impact fees, fractional EDUs shall be rounded up to the nearest tenth.