[Ord. 3-2000, 12/11/2000, § 1]
This part shall be known and may be cited as the Hughesville
Borough "Mandatory Installation of Water Meters Ordinance."
[Ord. 3-2000, 12/11/2000, § 2]
This Part is adopted and enacted for the following purposes:
[Ord. 3-2000, 12/11/2000, § 3]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms and phrases in this Part shall be as follows:
The Hughesville Borough Authority.
The Borough of Hughesville, a municipal corporation of Lycoming
County and the Commonwealth of Pennsylvania.
A connection or connections between an improved property
and a water main.
Any person or persons, providing for compensation, labor
or labor supervision, for the installation of plumbing fixtures or
water pipeline connections and construction. Subcontractors or employees
of a compensated contractor are not included in this definition.
A person, who may or may not be an owner, residing or using
an improved property or a part thereof to which water service is or
will be furnished.
Any property within the Borough of Hughesville upon which
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings.
The Borough of Hughesville pursuant to the Management Agreement
dated March 24, 1997, between the Hughesville Borough Authority and
the Borough of Hughesville and any subsequent amendments and modifications
duly adopted.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality or school district.
A 5/8 inch meter as designated by the manufacturer, designed
to service one equivalent dwelling unit (EDU).
A distribution water pipeline owned or operated by the Hughesville
Borough Authority of Hughesville Borough.
The Hughesville Borough Authority water wells, pumping stations,
reservoirs, water tower, treatment facilities and equipment, distribution
pipelines and related equipment.
[Ord. 3-2000, 12/11/2000, § 4]
All owners of improved property within the Borough of Hughesville
that are connected to or are required to be connected to the Hughesville
Borough Water Authority water system shall install water meters pursuant
to this Part and the rules and regulations of the Hughesville Borough
Authority.
A.
Purchase and Cost. The Hughesville Borough Authority shall purchase,
furnish and provide the water meters. All meters shall be purchased
from the Authority by the owners. Each owner shall pay $150 or the
actual cost of the meter to the Authority, whichever is less, for
each standard residential meter. For larger capacity commercial, business
or industrial meters for higher volume users the cost to the owner
shall be the actual cost of the meter to the Authority. The cost of
the standard residential meters shall be paid by the owner in six
equal quarterly installments commencing June 30, 2001 and continuing
to and including September 30, 2002. Commercial, business and industrial
meters for higher volume users shall be paid in advance of delivery
of the meter. The Authority, by resolution, shall have the right from
time to time, after the year 2002, to adjust the cost of the meters
to conform to current market prices.
B.
Property of Authority and Location. The meters shall remain the property
of the Authority and shall be accessible to and subject to its control.
They shall be conveniently located at a point approved by the Managing
Agent or Authority so as to control the entire municipal water supply
to the building. A proper place and protection for the meter shall
be provided by the owner. The owner shall place a gate valve or stop
cock on the service line directly ahead of the meter, and a stop and
waste cock or valve shall be placed on the outlet side of the meter.
The touch pad that comes with the meter and which is used to read
the meter shall be located in an accessible place on the side of the
building facing a roadway. It shall be located between four and five
feet above ground level. The meter shall be sized and installed so
as to record with reasonable accuracy all water supplied to the improved
property from the water system.
C.
Maintenance of Meters. Meters shall be maintained by the Authority
as far as ordinary wear and tear is concerned, but damage due to freezing,
high temperatures or external causes, or damage due to the negligence
of the owner, shall be the responsibility of the owner. The owner
shall notify the Managing Agent or Authority of any damage to a meter
or malfunctioning of a meter as soon as it comes to the owner's
knowledge. The meter assembly shall be protected from tampering with
a security wire and seal at the time of installation. Only personnel
authorized by the Managing Agent or Authority may break or disconnect
this seal. The owner shall be responsible for all piping between the
curb box and the building. There shall be no intermediate connections
between the curb box and the meter.
D.
Meter Vault or Housing. Where there is no cellar in the building
or where there is no suitable location for the meter within the building,
or when the meter connection would be more than 100 feet from the
curb box, the owner shall, at owner's expense, construct and
install a meter vault in which the meter shall be installed on the
property of owner. The construction and location of the meter vault
must be pursuant to the instructions of the Authority through its
Managing Agent.
E.
Meter Readings.
(1)
The quantity recorded by the meters shall be conclusive on both the
owner and the Authority, except when the meter has been registered
inaccurately or has ceased to register. In the later case the quantity
shall be determined by the average registration of the meter for equivalent
periods of use when in working order.
(2)
An owner may request a test of a meter for accuracy. The owner shall
pay a deposit of $50 for such a test. If the meter so tested shall
be found to have an error in registration of less than 4%, the deposit
shall be retained by the Authority as compensation for the test; if
the error in registration is found to be 4% or more, then the deposit
shall be returned to the owner and the Authority shall pay the cost
of the test. In the event that meter so tested is found to have an
error in registration of 4% or more, the bill of the last billing
cycle will be adjusted accordingly by the percentage of error. If
no percentage of error can be determined, the owner shall pay the
average prior registration of the meter for equivalent periods of
use when in working order or the minimum rate at the discretion of
the Authority.
[Ord. 3-2000, 12/11/2000, § 5]
All meters shall be installed on improved properties prior to
December 1, 2002.
[Ord. 3-2000, 12/11/2000, § 6]
1.
To assure that the water meter system is properly installed and maintained
and that owners suffer no losses due to improper installation, only
approved and registered contractors are authorized to install the
meter and meter systems and facilities required by this Part. No contractors,
other than a contractor who is an approved registered contractor may
be utilized by owners in installing the meter, meter systems and facilities
required by this Part.
2.
The process for becoming an approved registered contractor is as
follows.
A.
The contractor shall complete such form or forms and documentation
requested by the Authority. Such forms shall be provided by the Managing
Agent of the Authority and shall, at the minimum, include the following:
name of contractor; permanent street address; phone number; Federal
employer identification number; a statement of the contractor's
prior experience in installation of plumbing, plumbing fixtures and
water pipeline connections; proof of Workers' Compensation insurance;
and proof of liability insurance or at least the amount as shall be
established from time to time by the Managing Agent or Authority.
B.
The Managing Agent or Authority shall issue a certificate upon approval
of the application, in which it is stated that the contractor is an
approved and registered contractor. Each certificate shall terminate
and expire two years from the date thereof.
C.
The Managing Agent or Authority shall maintain a list of current
approved registered contractors which shall be available to the public.
[Ord. 3-2000, 12/11/2000, § 7]
Each improved property shall be connected with the water system
through a separate and independent building connection pursuant to
the following.
A.
Single Service Line — One Customer. A service line from a curb
box or meter vault to the property of an owner shall not supply more
than one customer unless upon proper application and approval by the
Managing Agent; or unless the property is supplied with as many meters
as there are customers at said property; or upon waiver of this restriction
by the Managing Agent in accordance with subsection (B) set forth
below, when the owner of the property shall consent to multiple billing
as therein defined. The word "customer" shall mean a person, who may
or may not be an owner, residing or using an improved property or
a part thereof to which water is or will be furnished, said improved
property or a part thereof to be designated as follows.
(1)
A building under one roof, owned or leased by one customer and occupied
as one residence or one place of business.
(2)
A group or combination of buildings owned by one customer, in one
common enclosure, occupied by one family or one organization, corporation
or firm, as a residence, or place of business, or for manufacturing
or industrial purposes, or as a hotel, hospital, church, school, private
school, or similar institution, except as otherwise noted herein.
(3)
The one side of a double house having a solid vertical partition
wall.
(4)
Each side or each part of a house or building occupied by one family
even though the bathroom(s) and/or other fixtures are used in common.
(5)
Each apartment, office or suite of offices and/or place of business
located in a building or group of buildings even though such buildings
in a group are interconnected by a tunnel, or passageway, covered
area-way, or patio or by some similar means of structure.
(6)
A public building devoted entirely to public use, such as a town
hall, school house, fire engine house.
(7)
A single lot, or park or playground.
(8)
Each house in a row of houses.
(9)
Each dwelling unit in a house or building, a dwelling unit being
defined as a building or portion thereof with exclusive culinary and
sanitary facilities designed for occupancy and used by one person
or one family (household).
(10)
Each individual and separate place of business and/or occupancy
located in one building or group of buildings commonly designated
as shopping centers, supermarket areas and by such other terms.
(11)
Each dwelling unit in a public housing development owned and
operated by the United States of America, a municipal subdivision
of the Commonwealth of Pennsylvania, or an agency or instrumentality
of the United States or the Commonwealth of Pennsylvania; by a philanthropic
foundation or organization or some such similar body or organization;
or operated under private ownership.
(12)
Each trailer or mobile home.
B.
Single-Service Line with Two or more Customers.
(1)
Waive of Single-Service Line Requirement. Where two or more customers
are now or hereafter supplied through a single-service line and meter
in violation of subsection (A) above, the Managing Agent or Authority
may waive the requirement of said subsection by allowing two or more
customers to use a single-service line and meter upon the following
"multiple billing" basis.
(2)
Multiple Billing. The term "multiple billing" shall mean the basis
for computing charges and billing for water service in all cases where
more than one customer is served through one water meter or water
meter installation.
(3)
Number of Customers. The potential number of customers in any building
or group of buildings and the charges therefore, are subject to determination
by the Managing Agent or Authority prior to original approval of the
Managing Agent or Authority to furnish water and water services and
are subject to determination subsequent to any alterations, additions
or changes in the building or group of buildings. The owner of said
property, shall notify the Managing Agent or Authority promptly, relative
to any changes in the number of customers and said number at any time
is always subject to determination by the Managing Agent or Authority.
(4)
Different Classes of Use. This regulation shall apply regardless
of whether a business may be owned by a customer also receiving household
water service through the same service line and the two or more customers
are located in one building or different buildings, the ownership
of the property or business not being significant.
(5)
Billing. The Managing Agent or Authority will accept an application
for service only from the owner and will bill such owner.
(6)
Calculation of Charges for Multiple Billing. The total charge based
on water consumption where there is multiple billing shall be determined
as follows.
(a)
The average use of water for each billing period for each customer
shall be equal to the total number of gallons registered by the water
meter or meter installation divided by the number of customers. The
average use of water for each billing period for each customer as
thus determined shall provide the basis for billing, subject to all
minimum charges. The total charge for water service for property served
by such single service line shall be equal to the average charge for
each customer multiplied by the number of customers using the same
service line and meter and the total charge for water service furnished
to the building or buildings included hereunder. The term "water meter"
applies only to water meters installed on the Hughesville Borough
Authority Water System.
[Ord. 3-2000, 12/11/2000, § 8]
The owner, customer or occupant of any improved property supplied
with water by the Authority shall not furnish water on a continuing
basis to any other person or families except as specified in the application
for water service. This restriction does not apply to restaurants
or other businesses which supply water to customers as a standard
course of business.
[Ord. 3-2000, 12/11/2000, § 9]
All water rents and rates and/or periodic water service charges
based on the customers' water wage or on the flat rate service
schedule shall continue to be based on the Water Rate Resolution of
1997 of the Hughesville Borough Authority until December 1, 2003,
one year after the meters are required pursuant to this Part.
[Ord. 3-2000, 12/11/2000, § 10]
All applications for the introduction of water service to any
improved property served by the Authority, or for the extension or
expansion of any existing service shall be in writing by the owner
or authorized agent, to the Managing Agent or Authority on forms provided
by the Manager and which shall include a minimum of the owner(s) name(s)
as they appear on the deed of record, the address of owner(s) and
all purposes for which water service is requested.
[Ord. 3-2000, 12/11/2000, § 11]
1.
Any person who shall violate a provision of this Part or who shall
fail to comply with any of the requirements thereof or who shall exceed
the authorization of any permit granted by the Borough or the Authority
or who shall violate rules and regulations promulgated by the Borough
or the Authority shall, upon conviction, be sentenced to pay a fine
not exceeding $600, plus costs of prosecution, and in default of payment
of such fines and costs, imprisonment for a period not exceeding 30
days. Each day that a violation shall continue shall be deemed and
shall be a separate offense and shall be punishable as such.
2.
Any person who shall violate a provision of this Part or who shall
fail to comply with any of the requirements thereof or who shall exceed
the authorization of any permit granted by the Borough or the Authority
or who shall fail to make any payment required by this Part or who
shall violate rules and regulations of the Borough or the Authority
shall be subject to the termination of water service by the Borough
or the Authority or an action in equity, or both.
3.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
4.
If the owner of any improved property benefited or connected to the
water system, after 60 days' written notice from the Managing
Agent or Authority of the requirement to install a water meter, shall
fail to install a water meter pursuant to the terms of this Part,
the Borough, Managing Agent or Authority may make such installation
of the water meter and may collect from such owner the costs and expenses
thereof, including the recovery of legal fees and costs in the manner
permitted by law.
