[Comp. Ords. 1995, § 25.501; Ord.
No. 107, 4-2-1984]
It is hereby determined to be desirable and necessary, for the
public health, safety and welfare of the Village that the Berrien
County Sewage Disposal System No. 18 (Village of Baroda) be operated
by the Village as lessee of the county and the county department of
public works under Public Act No. 185 of 1957 (MCL 123.731 et seq.),
on a public utility rate basis in accordance with the provisions of
Public Act No. 94 of 1933 (MCL 141.101 et seq.).
[Comp. Ords. 1995, § 25.502; Ord.
No. 107, 4-2-1984]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Have the meanings as defined in Section 3, Public Act No.
94 of 1933 (MCL 141.103).
The complete Berrien County Sewage Disposal System No. 18
(Village of Baroda), including all sewers, pumps, lift stations, treatment
facilities, and all other facilities used or useful in the collection,
treatment and disposal of domestic, commercial or industrial wastes,
including all appurtenances thereto and including all extensions and
improvements thereto, which may hereafter be acquired.
[Comp. Ords. 1995, § 25.503; Ord.
No. 107, 4-2-1984]
The operation and maintenance of the system shall be under the
supervision and control of the county department of public works,
subject to the terms of the contract dated December 28, 1983, between
the county and the Village. Pursuant to the terms of such contract,
the Village has retained the exclusive right to establish, maintain
and collect rates and charges for sewer collection and disposal service
and in such capacity the Village Council may employ such person in
such capacity or capacities as it deems advisable and may make such
rules, orders and regulations as it deems advisable and necessary
to ensure the efficient establishment, maintenance and collection
of such rates and charges.
[Comp. Ords. 1995, § 25.504; Ord.
No. 107, 4-2-1984; Ord. of 3-3-2003(1), § 1]
(a)
Amount. Rates to be charged for service furnished by the system shall
be as currently established or as hereafter adopted by resolution
of the Village Council from time to time.
(b)
Billing payment schedule; penalty. Bills will be rendered monthly
on the first day of each month, payable without penalty within 20
days after the date thereon. Payments received after such period shall
bear a penalty of 10% of the amount of the bill.
(c)
Enforcement. The charges for services which are under the provisions
of Section 21, Public Act No. 94 of 1933 (MCL 141.121), made a lien
on all premises served thereby, are hereby recognized to constitute
such lien, and whenever any such charge against any piece of property
shall be delinquent for six months, the Village official in charge
of the collection thereof shall certify annually, on March 1 of each
year, to the tax-assessing officer of the Village the facts 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 Village
taxes against such premises are collected and the lien thereof enforced.
[Comp. Ords. 1995, § 25.505; Ord.
No. 107, 4-2-1984]
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.
[Comp. Ords. 1995, § 25.506; Ord.
No. 107, 4-2-1984]
(a)
It is hereby determined and declared that public sanitary sewers
are essential to the health, safety and welfare of the people of the
Village; that all premises on which structures in which sanitary sewage
originates are situated shall connect to the system at the earliest,
reasonable date as a matter for the protection of the public health,
safety and welfare of the people of the Village, and therefore, all
premises on which structures in which sanitary sewage originates are
situated or become situated and to which sewer services of the system
shall be available shall connect to said system within 90 days after
the publication of a notice by the Village in a newspaper of general
circulation within the Village that such services are available to
said premises. Said notification and enforcement of the section shall
be in conformity with Public Act No. 368 of 1978, Public Health code,
Section 12751 — 12758 (MCL 333.12751 — 333.12758) and
any other applicable sections.
(b)
Where the system is located in a right-of-way, easement, highway,
street, or public way which crosses, adjoins, or abuts upon a premises
or property and passing not more than 200 feet at the nearest point
from a structure in which sanitary sewage originates, the system shall
be considered to be available and the premises and/or structure shall
connect to the system as provided herein.
[Comp. Ords. 1995, § 25.507; Ord.
No. 107, 4-2-1984]
The rates hereby fixed are estimated to be sufficient to provide
for the payment of the expenses of administration and operation, such
expenses for maintenance of the said system as are necessary to preserve
the same in good repair and working order, to provide for the payment
of the contractual obligations of the Village to the county pursuant
to the aforesaid contract between said county and the Village as the
same become due, and to provide for such other expenditures and funds
for said system as this division may require. Such rates shall be
fixed and revised from time to time as may be necessary to produce
these amounts.
[Comp. Ords. 1995, § 25.508; Ord.
No. 107, 4-2-1984]
The system shall be operated on the basis of an operating year
commencing on April 1 and ending on March 31 next following.
[Comp. Ords. 1995, § 25.509; Ord.
No. 107, 4-2-1984]
(a)
Village Treasurer as custodian. The Treasurer of the Village shall
be custodian of all funds of the Village belonging to or associated
with the system and such funds be deposited in the Inter-City Bank,
Baroda, Michigan, a bank insured by the Federal Deposit Insurance
Corporation. In the event that the government is a holder of any of
the bonds issued by the county, the Village Treasurer shall execute
a fidelity bond in an amount not less than $70,000 with a surety company
approved by the government, and the United States, the county, and
the Village shall be named as co-obligees in such bond and the amount
thereof shall not be reduced without the prior written consent of
the government. The Village Treasurer is hereby directed to create
the following funds and accounts into which the revenues and income
from the system shall be deposited.
(1)
Receiving fund account. Upon the effective date of the ordinance
from which this section is derived, all funds of the system on hand
and the gross income and revenue of the system shall be set aside
into a separate account to be designated the Village Water/Sewer Receiving
Fund Account, and monies so deposited therein shall be expended and
used only in the manner and order hereinafter specified.
(2)
Operation and maintenance account. Prior to the beginning of
each fiscal year the Village will prepare an annual budget for the
system for the ensuing fiscal year itemized on the basis of monthly
requirements, a copy of which budget shall be mailed without request
to Farmers Home Administration (FmHA) as long as the government is
holder of any of the bonds prior to adoption for review and upon written
request to any other bondholders. Upon the effective date of the ordinance
from which this section is derived, there shall be set aside and deposited
each quarter pursuant to the budget a sufficient portion of the income
and revenue in the Operation and Maintenance Account to pay the reasonable
and necessary current expenses of administering, operating and maintaining
the system for the ensuing quarter.
(3)
Contract payment fund. There shall be established and maintained
a depositary account, to be designated contract payment fund, which
shall be used solely for the payment of the Village obligations to
the county pursuant to the aforesaid contract. There shall be deposited
in said fund quarterly, after requirements of the Operation and Maintenance
Fund have been met, such sums as shall be necessary to pay said contractual
obligations when due. Should the revenues of the system prove insufficient
for this purpose, such revenues may be supplemented by any other funds
of the Village legally available for such purpose.
(4)
General purpose account. The balance of income and revenue after
the transfers required in Subsections (a)(2) and (3) of this section
have been made, shall be deposited to a General Purpose Account which
shall be used and disbursed only for the purpose of paying the cost
of repairing or replacing any damage to the system which may be caused
by an unforeseen catastrophe, for making extensions or improvements
to the system, and when necessary for the purpose of making payments
to the county if the amount in the contract payment fund is not sufficient
to meet such payments. The total of such deposits to the General Purpose
Account and balance of said account need not exceed the sum of $70,000.
The funds in the General Purpose Account may be invested in obligations
of the United States. Any such investment will be a part of the General
Purpose Account.
(5)
Surplus monies. Whenever there shall accumulate in the General
Purpose Account amounts in excess of the requirements during the next
18 months for paying the contract with the county, and in excess of
the requirements of the Operation and Maintenance Account, such excess
may be used by the Village for redemption of bonds in the manner set
out in Subsection (b) of this section.
(b)
Disposition of surplus monies. All monies remaining in the Receiving Fund at the end of any operating year after satisfying the requirements of Subsection (a) of this section shall be paid to the board of public works of the county and used to call bonds for redemption as provided in the contract with the county, or at the option of the Village transferred to the General Purpose Account and used for the purpose for which that account was established.
[Comp. Ords. 1995, § 25.510; Ord.
No. 107, 4-2-1984]
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 or securities in other funds of the system, except
sums in the Contract Payment Fund derived from tax levies shall be
transferred to the Operation and Maintenance Fund to the extent of
any deficit therein.
[Comp. Ords. 1995, § 25.511; Ord.
No. 107, 4-2-1984]
Monies in any fund or account established by the provisions
of this division 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 (MCL 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
funds from which such purchase was made. Income received from such
investments shall be credited to the fund from which said investments
were made.
[Comp. Ords. 1995, § 25.520; Ord.
No. 134, § 25.520, 11-1-2004]
The schedule of unit factors for the sewage disposal system
is as follows:
|
Usage
|
Residential Equivalent Unit Factor
|
Information Source
| |
|---|---|---|---|
|
Auto dealers
|
0.40 per 1,000 square feet
|
D-E
| |
|
Auto repair shops
|
0.30 per repair stall
|
D
| |
|
Banks
|
1.0 per bank
|
G
| |
|
Barbershops
|
0.14 per chair
|
A-C
| |
|
Bars
|
0.04 per seat
|
D
| |
|
Beauty shops
|
0.22 per booth
|
D
| |
|
Boarding schools
|
0.27 per person
|
A-C
| |
|
Boardinghouses
|
0.16 per person
|
A-C-F
| |
|
Body shops
|
1.0 per each 15 employees or fraction
|
G
| |
|
Bowling alleys (no bar or lunch)
|
0.16 per alley
|
D
| |
|
Bowling alleys (bar and/or lunch)
|
0.60 per alley
|
F
| |
|
Carwash
| |||
|
Manual, do-it-yourself
|
2.5 per stall
|
D
| |
|
Semi-automatic (mechanical without conveyor)
|
12.5 per stall
|
D
| |
|
Automatic with conveyor
|
33.0 per stall
|
D
| |
|
Automatic with conveyor conserving and recycling water
|
9.4 per stall
|
D
| |
|
Child care centers
|
0.05 per person
|
G
| |
|
Churches
|
0.01 per seat
|
D-E
| |
|
Cleaners (pickup only)
|
1.0 per establishment
|
G
| |
|
Clinics (minimum 1.0/profession)
|
0.50 per doctor
|
D
| |
|
Convalescent homes
|
0.22 per bed
|
D
| |
|
Convents
|
0.20 per person
|
D
| |
|
Country clubs
|
0.08 per person
|
A-C-D
| |
|
Dairy stores
|
0.16 per employee
|
D
| |
|
Department stores (with food)
|
0.60 per 1,000 square feet
|
G
| |
|
Department stores (without food)
|
0.40 per 1,000 square feet
|
D-F
| |
|
Drugstores (without fountain)
|
0.40 per 1,000 square feet
|
D-F
| |
|
Factories (exclusive of excess industrial use)
|
0.50 per 1,000 square feet
|
D-E
| |
|
Fire stations
|
0.20 per person/24 hr.
|
G
| |
|
Fraternal organizations (members only)
|
1.0 per hall
|
D
| |
|
Fraternal organizations (members and rentals)
|
2.0 per hall
|
D
| |
|
Fruit Stand (cleaning-seasonal)
|
1.1 per 1,000 square feet
|
G
| |
|
Garden center (nursery)
|
0.16 per person
|
G
| |
|
Government offices
|
0.40 per 1,000 square feet
|
D-E
| |
|
Grocery stores and super markets
|
1.1 per 1,000 square feet
|
D-E
| |
|
Hospitals
|
1.09 per bed
|
A-C
| |
|
Hotels (private baths)
|
0.25 per bed
|
A-C-E-F
| |
|
Laundry (self-service)
|
0.50 per washer
|
D-E
| |
|
Lumberyard
|
1.0 per ea. 15 employees or fraction
|
G
| |
|
Mobile home parks
|
0.75 per mobile home
|
G
| |
|
Motels
|
0.25 per bed
|
E
| |
|
Motor freight terminals
|
1.0 per ea. 15 employees or fraction
|
G
| |
|
Multifamily residence
|
0.5 per residence
|
G
| |
|
Office building
|
0.40 per 1,000 square feet
|
D
| |
|
Pets, plants and fish
|
1.1 per 1,000 square feet
|
G
| |
|
Printing shop
|
1.0 per each 15 employees or fraction
|
G
| |
|
Public institutions (other than hospitals)
|
1.0 per each 15 employees or fraction
|
G
| |
|
Research and testing laboratories
|
1.0 per each 15 employees or fraction
|
G
| |
|
Restaurants
| |||
|
Conventional type (with or without drinks)
|
0.04 per seat
|
A-B
| |
|
Quick serve, franchise type without dishes dealing mainly in
hamburgers and sandwiches with or without eating in building. Includes,
but is not limited to, McDonalds; Burger Chief; Burger King; Red Barn;
Hardee's; and Arbys
|
5.6 per restaurant
|
D
| |
|
All other restaurants including, but not limited to, drive-ins;
snack bars; carry-outs; such as fried chicken and pizza. Could have
limited eating in building without dishes
|
1.8 per restaurant
|
D
| |
|
Roominghouses (no meals)
|
0.167 per person
|
E
| |
|
Schools
|
1.5 per classroom
|
C-E
| |
|
Service stations
|
1.0 per station
|
G
| |
|
Service stations (with car washing limited)
|
1.25 per station
|
G
| |
|
Single-family residential
|
1.0 per dwelling
|
A-D-F-G
| |
|
Single-family residential where business is operated (home occupancy)
|
1.5 per dwelling
|
G
| |
|
Sports centers
|
1.0 per each 15 employees or fraction
|
G
| |
|
Stores (other than those specifically listed)
|
1.0 per each 15 employees or fraction
|
G
| |
|
Swimming pools
|
2.85 Per 1,000 square feet
|
D
| |
|
Take-out (beer and liquor)
|
1.0 per each 15 employees or fraction
|
G
| |
|
Tennis club
|
0.08 per member
|
A-C-D
| |
|
Theatre (drive-in)
|
0.008 per car space
|
B-C
| |
|
Theatres (inside)
|
0.0001 x weekly hours of operation x number of seats
|
B-C-E
| |
|
Travel trailer park (individual bath units)
|
0.27 per cubical
|
A-B-C-E
| |
|
Travel trailer park (individual bath units seasonal only)
|
0.27 per cubical
|
A-B-C
| |
|
Used auto sales
|
1.0 per each 15 employees or fraction
|
G
| |
|
Veterinarian hospitals
|
2.0 per veterinarian
|
G
| |
|
Warehouses
|
0.10 per 1,000 square feet
|
D-E
| |
