[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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
E.
Enforcement. In addition to the foregoing, the Township shall have
the right to recover all charges and penalties herein provided through
court action.
F.
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.
G.
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]
A.
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).[1]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
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.
(2)
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.
(3)
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.
H.
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.
