[HISTORY: Adopted by the Borough Council of the Borough of
North East as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-2-2018 by Ord.
No. 900]
In the interpretation of this section, the present tense includes
the future; the singular number includes the plural and the plural
includes the singular; and the word "person" includes natural person,
property owner, company, trust, individual, partnership, firm, association,
corporation, or entity of any kind. The following terms shall have
the definitions assigned:
The Borough of North East, Erie County, Pennsylvania.
Once within a calendar quarter.
North East Township, Erie County, Pennsylvania.
A person or other legal entity purchasing water for consumption
within the Borough.
[Amended 12-3-2018 by Ord. No. 904]
A.
Rates and minimum billing.
(1)
The water rate charged to and payable by water rate customers of
and from April 1, 2019, is and shall be: $3.53 per 100 cubic feet
($4.72 per 1,000 gallons).
(2)
The minimum billing for each water rate customer per billing period
after April 1, 2019, shall be for 500 cubic feet, or 3,740 gallons,
notwithstanding that the metered consumption is less than 500 cubic
feet or 3,740 gallons.
A.
Water rate customers shall be billed and payment shall be due and
payable quarterly based upon periodic water meter readings. In a quarter
when no reading is made, the quarterly bill shall be based upon the
consumption for the average usage for the previous three quarters.
In any quarter during which a meter reading has been made, the bill
shall be based upon actual metered consumption since the last previous
reading less credit for quarterly billings, if any, paid in the interim.
The Borough may elect to bill water rate customers monthly as needed
per this article.
B.
The Township shall be billed and payments shall be due monthly at
the Borough's discretion per this article.
C.
All residential water customers must be the owner of the property
by recorded deed in order to open, maintain or close a water billing
account. Tenants of single- or multi-unit dwellings shall not have
separate accounts with the Borough but rather must make payments to
their landlord for their portion of the quarterly water bill.
A.
New water rate customers shall, upon connection to the water distribution
system, pay a tapping capacity fee of $910 per equivalent dwelling
unit (EDU) of water consumption as estimated and approved by the Borough
Engineer. One EDU shall be equivalent to 61,448 gallons per year of
water consumption. The minimum tapping capacity fee shall be based
upon one EDU. The estimate of the Borough Engineer shall be subject
to review based upon water consumption for the year following the
connection and in the event the actual consumption exceeds the original
estimate, an additional tapping capacity fee shall thereupon be due
and payable based on service provided. In the event the actual consumption
is less than the original estimate, a refund of the overpaid amount
but with no interest thereon shall be made by the Borough to the water
rate customer. New water rate customers shall, upon connection to
the water distribution system, pay a customer facilities fee of $50
per connection and a connection fee equal to the actual costs incurred
by the Borough to install the new service connection and line from
the water main to the property line.
B.
The Township shall monthly pay a tapping capacity fee for each new
connection to the Township's water distribution system of $910
per EDU of water consumption as estimated and approved by the Borough
Engineer. The minimum tapping capacity fee shall be based upon one
EDU. One EDU shall be equivalent to 61,448 gallons of water consumption.
The estimate of water consumption by the Borough Engineer shall be
subject to review based upon water consumption for the year following
the connection and in the event the actual consumption for the new
connection exceeds the original estimate, an additional tapping fee
shall thereupon be due and payable. In the event the actual consumption
for the new connection is less than the original estimate, a refund
of the overpaid amount but with no interest thereon shall be made
by the Borough to the Township.
A.
Water rate customers and Township who fail to pay charges within
30 days of the due date, therefor, as set forth in the water bill,
shall thereafter be subject to:
B.
Water rate customers for whom a lien is filed shall thereafter pay
interest at the rate of 10% per annum upon the unpaid balance of any
such lien from the date of said lien's filing.
C.
Quarterly payments for water shall be due and payable by the last
day of the first month following after the end of the calendar quarter
for which the billing is issued. Monthly payments for water shall
be due and payable by the last day of the month following the month
for which the bill is issued.
A.
Water rate customers and the Township shall be subject to termination
of sewer service by reason of the failure to pay water rates as established
by separate ordinance of the Borough in accordance with the laws of
the Commonwealth of Pennsylvania.
A.
All ordinances or portions of ordinances inconsistent with the provisions
herein are hereby amended to conform to the provisions of the within
article. All ordinances and portions of ordinances not inconsistent
with the within article, are and shall remain in full force and effect
including but not limited to any provisions providing for the charging
and collection of water rates prior to April 1, 2017.
The provisions of this article are severable; and if any of
its provisions shall be held invalid, the same shall not affect or
impair the remaining provisions of the ordinance which would have
been enacted had not such invalid provisions been included herein.
The within article shall take effect during the fourth quarter
billing cycle of 2018.
