[Adopted 9-8-1970 by Ord. No. 18 (Ch. 32, Art. II, of the 2007 Code of Ordinances)]
It is hereby determined and declared to be desirable and necessary for the public health, safety and welfare of the Township to operate all water and sewer facilities of the Township as one combined water supply and sewage disposal system of the Township, and to operate and maintain the same on a public utility rate basis, in accordance with the provisions of Public Act No. 94 of 1933 (MCLA § 141.101 et seq.), and such system is hereby established.
The water supply and sewage disposal system of the Township (hereinafter referred to as the "system") shall be operated and maintained as one system on a combined rate basis and shall include all water mains, and laterals, pumping stations, sewers, sewage disposal facilities and all attendant facilities and equipment which are used or useful in the operation and maintenance of a water supply and sewage disposal system, now in existence or hereafter acquired.
The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the Township Board and administered as a regular department of the Township government. The Township Board may employ such person or persons in such capacity 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.
No premises within the Township from which sanitary sewage emanates shall be used or occupied after the effective date of the ordinance from which this article is derived, unless said premises are connected to a sanitary sewer of the Township; provided, however, that if no public sanitary sewage collection facility is available [as defined in Section 12751 of Public Act No. 368 of 1978 (MCLA § 333.12751)] to the premises on the effective date of the ordinance from which this article is derived, such premises shall have 12 months after a public sanitary sewage collection facility does become available to such premises to make such connection.
Except as herein otherwise provided, water to be furnished by the system to each premises shall be measured by a meter installed and controlled by the Township. Charges for water supply services to each premises connected with the water supply system shall be as currently established or hereafter adopted by resolution of the Township Board from time to time.
The Township shall be charged for and shall pay for all water supply services furnished or provided it by the system in accordance with the foregoing rates. Charges against the Township shall be payable quarterly from the current fund of the Township or from the proceeds of taxes, which the Township within constitutional limitations is hereby authorized and required to levy in an amount sufficient for such purpose.
Each premises connected with the sanitary sewer system shall be charged for sewage treatment by the system a charge as currently established or hereafter adopted by resolution of the Township Board from time to time.
The charges for each water supply or sanitary sewer installation or connection made or to be made with respect to any premises to be serviced by the system shall be as currently established or hereafter adopted by resolution of the Township Board from time to time.
Capital and lateral benefit charge payments. All capital charges, lateral benefit charges, and connection charges shall be payable in full when due, provided that existing residential or eleemosynary structures shall have the option of paying the capital charges and lateral benefit charges over a period of 30 years in equal installments, as a part of the water service and sewer treatment quarterly billing. If the time payment method of payment is elected, the amount of the capital and lateral benefit charges shall be increased 50%. Any existing structure which elects to pay the debt service charge over a period of years may prepay the unpaid balance of such charge at any time, with a twenty-five-percent discount on the then-remaining balance. Providing further that nonresidential structures shall have the option of deferred-payment basis, not to exceed five years, with a minimum of 30% down, the balance prorated over the term of the payments.
Billing. Each customer shall be billed for water service and sewer treatment charges provided by the system quarterly, in a single billing, although the charges shall be separately itemized. Such bills shall be due and payable 15 days after the close of the quarter (three months) covered by such bill.
Penalties. If any water or sewer bill is not paid on or before the due date, then a penalty of 10% shall be added thereto. In the event that any such bill is not paid within 30 days after the due date, the Township shall have the right to discontinue and shut off water and/or sewer service to the premises for which such payment delinquency exists, and such service shall not be reestablished until all delinquent charges and penalties, plus a turn-on charge as currently established or hereafter adopted by resolution of the Township Board from time to time have been paid.
Lien. The charges for water and/or sewer services, pursuant to the provisions of Section 21 of Public Act No. 94 of 1933 (MCLA § 141.121), shall be a lien on all premises served thereby, unless notice is given that a tenant is responsible, and whenever any such charge against any piece of property shall be delinquent for six months, the Township official or officials in charge of the collection thereof shall certify annually, on July 1 of each year, to the Tax Assessing Officer of the Township, the fact of such delinquency, whereupon such charge shall be by him 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; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by said Section 21, no further service shall be rendered such premises until a cash deposit in the amount as currently established or hereafter adopted by resolution of the Township Board from time to time shall have been made as security for payment of such charges and service.
Enforcement. In addition to the foregoing, the Township shall have the right to recover all charges and penalties herein provided through court action.
Free service. No free service shall be furnished by said system to any person, firm or corporation, public or private, or to any public agency or instrumentality.
Other services. Service to other municipalities, or premises therein, shall be by contractual agreement between the Township and the municipality served.
The system shall be operated on the basis of a fiscal year commencing on April 1 of each year and ending on March 31 of the next following year.
[Amended 1-13-1981 by Ord. No. 39]
Generally. The revenues of the system shall be set aside, as collected, and deposited in a separate depository account in a bank duly qualified to do business in the State of Michigan, to be selected by the Township Board, in an account to be designated "Water and Sewage Disposal System Receiving Fund" (hereinafter, for brevity, referred to as the "Receiving Fund"), and said revenues so deposited shall be transferred from the Receiving Fund periodically in the manner and at the times hereinafter specified. The terms "revenues" and "net revenues" as used in this article shall have the meanings as defined in Section 3 of Public Act No. 94 of 1933 (MCLA § 141.103).
Operation and Maintenance Fund. Out of the revenues in the Receiving Fund there shall be first set aside quarterly into a depository account designated Operation and Maintenance Fund, a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order.
Bond and Interest Redemption Fund. There shall next be set aside into a depository account designated Bond and Interest Redemption Fund, a sum sufficient to provide for the payment of the principal, interest, and bond service charges of any bonds, and any contractual obligations of the Township relative to bonds issued by the county, in connection with the financing of the acquisition, construction, improvement, enlargement, or extension of any water or sewer system serving the Township or part thereof, which will become due and payable during the next quarter.
Replacement Fund. There shall next be established and maintained a depository account designated "Replacement Fund," which shall be used solely for the purpose of making major repairs and replacements to the system if needed. There shall be set aside into said fund, after provision has been made for the Operation and Maintenance Fund, such sums as the Township Board shall deem necessary for this purpose.
Improvement Fund. There shall next be established and maintained an Improvement Fund for the purpose of making improvements, extensions and enlargements to the system. There shall be deposited into said fund, after providing for the foregoing funds, such sum as the Township Board shall determine.
Reserve Fund. Monies remaining in the Receiving Fund at the end of any operating year, after full satisfaction of the requirements of the foregoing funds, may, at the option of the Township Board, be transferred to the Improvement Fund or used for any other lawful purpose of the Township.
Accounts. All monies belonging to any of the foregoing funds or accounts may be kept in one bank account, in which event the monies shall be allocated on the books and records of the Township within this single bank account in the manner set forth in this section:
All funds derived from the collection of rates for services furnished by the system on hand in any account on the effective date of the ordinance from which this article is derived shall, within 15 days thereof, be transferred to the Receiving Fund and be distributed therefrom in accordance with the terms of this article.
In the event the monies in the Receiving Fund are insufficient to provide for the current requirements of the Operation and Maintenance Fund, any monies and/or securities in other funds of the system shall be transferred to the Operation and Maintenance Fund, to the extent of any deficit therein.
Monies in any fund or account established by the provisions of this article may be invested in obligations of the United States of America in the manner and subject to the limitations provided in Public Act No. 94 of 1933 (MCLA § 141.101 et seq.). In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made. Income received from such investments shall be credited to the fund from which said investments were made.
Special disbursement. Notwithstanding the foregoing priority of accounts and funds, whenever the Township shall receive payments of lateral benefit charges, as provided in this section, which it has, by contract, agreed to disburse in a manner different from that provided in this section for other revenues of the system, such moneys shall be disbursed as provided in such contract directly from the Receiving Fund.