City of Ithaca, MI Water

Water main extensions shall be made in accordance with one of the following plans:

(1)

Payment of entire cost in advance. Any one or more property owners may request the City Council to determine the feasibility and the estimated cost of the construction of a proposed water main extension to serve such person's premises. If the City Council shall approve the proposed extension and determine the estimated construction costs, such property owners may deposit with the City Treasurer a sum equal to such estimated cost, and the City Council shall then proceed with the construction of the water main. Any surplus in the deposit amount over and above the construction costs shall be refunded to the owner or his agent. Should the construction cost exceed the deposit amount, the owner shall pay the excess amount, and no water taps shall be installed or water service rendered from the extension until the cost is paid in full.

(2)

Construction by owner. In undedicated streets and new subdivisions, the City Council may permit the owner to arrange for the laying of water main extensions by private construction; however, the work shall be under the supervision of the City Manager or his designee. In such case, the City Council shall require a deposit in the sum deemed adequate by the City Council as a guarantee against defective workmanship or materials. Each deposit, less any sums expended by the Water Department for repair or replacement of defective work or materials, shall be refunded one year after the water main extension has been placed in service. No other refund of a payment shall be made. In the construction of any such extension, the contractor shall use only duly inspected pipes, specials, valves, etc., which are obtained from the Water Department upon payment of the cost of such supplies. The City may approve supplies to be purchased by a contractor performing work for the City.

(3)

Fifty percent petition. In the case of existing dedicated streets, the City Council shall be authorized to construct water main extensions, where practical, upon application of the owners of 50% of the abutting foot frontage to be served by the proposed extension, accompanied by the payment of a charge per lineal abutting front foot of the property owned by the petitioners. When a water main extension has been constructed in accordance with this plan, which shall be known as Plan 3, water tap connections to such extension shall be permitted only to serve premises for which the front foot charge was collected at the time of filing the petition, provided that the owners of other property may be permitted to make connections upon payment of sums per foot for the abutting premises owned by them. No part of the payment made in accordance with this plan shall be refunded in any case.

(4)

Construction without petition. Whenever the City Council shall determine that it would be to the best interests of the water distribution system to construct a water main extension connecting two or more existing water mains, it shall construct such extension without the filing of a petition therefor or the making of any advance payment or deposit. After the completion of any such connecting water main extension, the City Council shall cause all premises abutting the street right-of-way in which such connecting extension is laid to be billed at a rate per front foot of their abutting property. No connecting tap shall be permitted to be made in any such extension until and unless the abutting front foot charge as provided in this subsection shall have been paid in full.

(5)

Construction outside the City. The entire cost of all mains constructed outside the City limits shall be defrayed by the property owners. The size, location and methods of construction shall be determined by the City Manager. If constructed by the City, advance payment must be made before the work will begin. If the construction is done by the owners or their agents, plans and specifications will be furnished by the Water Department. All construction not performed by the City shall be under the City's supervision and inspection, and the cost of supervision and inspection shall be defrayed by the property owners.

In addition to the financing alternatives set forth in this section, the City is willing to consider other mechanisms on a case-by-case basis.

§ 38-34 Property owners not to be relieved from payment.

[Code 1968, § 3-504]

No water connections to a water main extension shall be undertaken by the City under Plan 3 until the advance payments or deposits required by such section shall have been paid in full to the City Treasurer. If, in any case, by reason of inadvertence or oversight, construction shall have been initiated or completed without compliance with advance payment requirements, such inadvertence or oversight shall not relieve the benefited property owner from the obligation to pay the amount due. In such cases, no water tap connection shall be made or water service rendered, unless and until the required payment or deposits are made in full.

§ 38-35 Size of water main.

[Code 1968, § 3-505]

The City shall determine the size and location of any proposed water main, which size shall not be less than six inches, and shall bear all costs exceeding the front foot charge made against the abutting property benefited by the construction of such water main.

§ 38-36 Service pipe specifications.

[Code 1968, § 3-506]

Service pipes on public or private property shall be laid on solid ground not less than four feet below the established grade of the street. Service pipe laid in the same trench with a sewer shall be at least 18 inches distant from the sewer horizontally, and if the sewer is laid at a greater depth, the service pipe shall be shelved into a solid bottom.

From the water mains to the water meter all service pipes shall be of copper, or other materials of a like nature approved by the AWWA, not less than three-fourths-inch inside diameter, approved by the City Manager. Service cocks shall be a three-fourths-inch, extra heavy type, placed 12 inches from the street side of the sidewalk. The stop box shall be set so that the cover is flush with the grade, and shall be set on a brick or concrete foundation to prevent settlement.

A separate stop and cock shall be placed on the service pipe just inside the building wall on the influent side of the water meter. In addition, a stop and cock shall be placed on the effluent side of the water meter. Such stops shall be equal in working quality to the service cock and function in the same nature as a gate valve.

The corporation cock, the service pipe from the main to and including the service cock, and the stop box will be provided in place and maintained by the Water Department under the fee for a water permit as provided in this article. The service pipe from the service cock to the building on private property shall be installed and maintained by the owner. The owner shall keep the stop box free from dirt, stones or other substances that will prevent access to the service cock.

(e)

Property owners or contractors shall not interfere in any way with service pipes installed by the Water Department, and shall not be permitted to turn water on or off at the service cock, except for testing purposes, in which case the service cock shall be left in the same condition and position as it was found. Any contractor or owner called upon to shut off water and drain pipes in any premises shall do so inside the building only.

§ 38-37 Permit required.

[Code 1968, § 3-507]

Before any connection shall be made to a water main, application for a service connection permit must be made in writing by the owner of the premises to be served or his authorized representative at the office of the City Clerk. Such application shall be made on forms provided by the City Clerk's office, which shall contain such information as the City Council may require.

§ 38-38 Permit fee.

[Code 1968, § 3-508]

Upon granting of a permit for a service connection and before the connection is made, the owner shall pay a permit fee for tapping the main, the installation of the service pipe from the main to the service cock, the service cock, stop box, outside meter box and any other water service pertaining to the installation. Fees shall continue in force as on the effective date of the ordinance from which this article is derived, and may be changed by resolution of the City Council.

§ 38-39 Water meters.

All premises within the City using water shall be metered, with the exclusion of municipal buildings. Meters up to three-fourths inch will be furnished by the Water Department, and shall remain the property of the Water Department, and will at all times be under the control of the Water Department. The additional cost of a larger meter installed for a customer shall be paid by the customer.

For ordinary domestic consumption of water, a three-fourths-inch or three-fourths-inch by three-fourths-inch meter will be furnished. Where application is made for a meter larger than five-eighths-inch or five-eighths-inch by three-fourths-inch, the City Manager shall determine whether a meter of such size is required. The Water Department will furnish meters in sizes up to and including 1 1/2 inches. Where a meter larger than 1 1/2 inches is required, special arrangements must be made between the Water Department and the customer for such meter.

Meters shall be set in an accessible location and in a manner satisfactory to the City Manager.

All new installations of service shall include a remote meter reader. It shall be the duty of the Water Department to install the remote meter. The cost of the remote meter shall be included in the connection fee.

(e)

Meters will be sealed by the Water Department, and no one, except an authorized employee of the Water Department, shall break or injure the seals. No person other than an authorized employee of the Water Department shall change the location of, alter or interfere in any way with any meter. Meters that have been tampered with are subject to replacement. Owners/occupants of the property shall pay labor and equipment charges, and may face penalties as prescribed by City ordinance.

(f)

The expense of installing and maintaining meters up to 1 1/2 inches will be borne by the City; provided, however, that where replacements, repairs or adjustments of a meter are made necessary by the acts, negligence or carelessness of the owner/occupant of the premises, the expenses of the City caused by such replacements, repairs or adjustments shall be charged and collected from the owner of the premises. Such charges shall be collected in the manner provided for the collection of water rates as set forth in § 38-42.

(g)

The owner or occupant of any premises where a meter is installed will be held responsible for its care and protection from freezing or hot water, and injury from interference by any person. In case of injury to a meter, or in case of its stoppage or imperfect work, the owner/occupant shall immediately notify the Water Department upon such occurrence. All water furnished by the City and used on any premises must pass through the meter. No bypass or connection around the meter will be permitted. If any meters become out of order or fail to register, the consumer will be charged at the average quarterly consumption rate as shown by the meter over the period of the preceding four quarters when such meter was accurately registering. The accuracy of the meter on any premises will be tested by the Water Department upon written request of the owner, and the owner shall pay a fee in advance to cover the cost of the test. If upon such test, the meter shall be found to register over 5% more water than that which actually passes through it, another meter will be substituted and the fee will be refunded to the owner, and the water bill may be adjusted in such manner as may be fair and just.

§ 38-40 Use of water.

[Code 1968, § 3-510]

When a new service pipe is put into any premises, the service cock shall be left closed, and shall be opened only by an authorized employee of the City upon the request of the owner or his agent; provided, however, that a contractor may open and close a service cock to test his work, as provided in this article.

When a building originally built as a single unit and fitted with one service pipe shall be subdivided by sale, the separate division made by such subdivision must be separately metered within 30 days of such subdivision.

When the water has been turned off by the Water Department for any reason, no person, except authorized employees or agents of the City, may turn the water on again.

§ 38-41 Rates, charges and fees.

[Code 1968, § 3-511]

All rates, fees and charges required by this article shall be amended through City Council resolution, and shall be considered due as of the date billed and delinquent one month after the billing date.

Charges for service connections on streets shall be based on a flat fee relative to the service size required. Charges for a service connection may be revised when deemed necessary by the City Manager, subject to approval by the City Council.

A penalty established by City Council resolution shall be applied one month following the billing date. Services with unpaid balances two months following the billing date will be subject to discontinuance; except, where a utility service changes name due to a user moving, all rates, fees and charges accumulated to date shall be considered due immediately, and discontinuance of services to the such unit will remain until all fees are paid.

The City Council may make such rules and regulations governing the operation of such water system, rates, etc., as it shall deem necessary. Such rules and regulations shall have the same force and effect as ordinances.

§ 38-42 Collection.

[Code 1968, § 3-512]

In addition to other remedies possessed by the City for the collection of water rates, assessments, charges or rentals for the use or consumption of water supplied to any house, building, premises, lot or parcel of land, the City shall have as security for the collection of such amounts, a lien upon such house, building, premises, lot or parcel of land to which such water has been supplied. Such lien shall become effective immediately upon the distribution of water to the premises or property to which water is supplied, and the official record of the City Clerk's office shall constitute notice of the pendency of such lien. The lien shall have priority over all other liens, except taxes and special assessments, whether or not such liens accrued or were recorded prior to the lien created pursuant to this subsection.

(1)

All unpaid water charges which, upon April 1 of each year, have remained unpaid for three months or more shall be reported by the City Clerk to the City Council at the first meeting of the City Council in the month of April. The City Council shall order the publication in a newspaper published in the City of notice to all owners of property within the City that all unpaid water rates, charges or fees which have remained unpaid for a period of three months or more as of April 1 which have not been paid by the following April 30 will be transferred to the tax roll and assessed upon the City's tax roll against the property upon which the water was used, to be collected in the same manner as the lien created by City taxes on such tax roll.

(2)

All unpaid water rates or charges which are reported by the City Clerk to the City Council as having been unpaid for a period of three months or more on April 1 of each year and which remain unpaid on the following April 30 may be transferred to the City's tax roll and assessed against the property to which the water was supplied or furnished, and such unpaid rates or charges accrued shall be collected with and in the same manner as City taxes are collected, and if such rates or charges shall remain delinquent and unpaid after the expiration of the time limit in the warrant for the collection of taxes levied in such roll, such charges shall be returned to the county treasurer to be collected in the same manner as the lien created by the City taxes on the delinquent tax roll of the City.

The provisions of this section shall not apply where a lease has been legally executed containing a provision that the lessor shall not be liable for payment of water bills accruing subsequent to the filing of such lease with the City Clerk's office, and 20 days' notice shall be given by the lessor of any cancellation, change in or termination of the lease.

In addition to other remedies provided in this section, the City shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment of water and sewer rates when due, in accordance with the steps and procedures outlined in § 38-41. This right to shut off a water supply shall extend to entire multifamily dwellings if each family unit within the multifamily dwelling does not have a separate water meter, or if the shut off valves for individual units are not readily accessible to City employees.

§ 38-43 Access to buildings.

[Code 1968, § 3-513]

The City Manager or the City's designated agent shall have free access at all reasonable hours to inspect any premises supplied with water by the City. No person shall refuse to admit authorized agents of the City to any premises for the purpose of such inspection. If an authorized employee of the City is refused admittance, or is in any way hindered in making the necessary inspection or examination, the water may be turned off to such premises after 24 hours' notice to the owner or occupant of such premises.

§ 38-44 Standpipes.

[Code 1968, § 3-514]

Where pipes are provided for fire protection on any premises, or where hose connections for fire apparatus are provided, each such connection or opening of the service pipes shall have not less than 25 feet of fire hose constantly attached to such connection or opening. Water will not be drawn from this system except for the purpose of extinguishing fires or testing equipment. Any such testing of fire equipment must be conducted under a special permit issued by the City Clerk's office. Such installations shall comply with state health department regulations.

§ 38-45 Fire hydrants.

[Code 1968, § 3-515]

Fire hydrants shall be opened and used only by the water and fire departments of the City, or by such persons as may be specifically authorized by the City Manager or his designee. No person shall in any manner obstruct or prevent free access to any fire hydrant by placing or storing, temporarily or otherwise, any objects or materials of any kind within 20 feet of the fire hydrant.

Permits to use fire hydrants shall be granted by the City Manager only for specific fire hydrants, at specific times.

Any person desiring service from a fire hydrant shall place on deposit such a sum of money as the City Manager shall designate, which sum shall be held until all charges incurred have been fully paid and all Water Department equipment returned in good condition. The Water Department shall have the right to use any portion of such sum to repair or replace any equipment damaged through negligence of the consumer or by reason of the use of such equipment.

Before use of water from a fire hydrant is allowed, the discharge portion of the fire hydrant shall first be fitted with a valve and meter under the direction of the Water Department.

§ 38-46 Separate meters.

[Code 1968, § 3-516]

Each single-family unit converted to a two-family house or multiple dwelling unit shall be deemed separate premises to be metered separately and subject to the same regulations and rates as for a single-family dwelling. It shall be a violation of this article for any customer to furnish water service to any unmetered premises.

§ 38-47 Service interruption.

[Code 1968, § 3-517]

If it becomes necessary to shut off the water from any section of the City because of an accident or for the purpose of making repairs or extensions, the Water Department will endeavor to give timely notice to the consumers affected by such service interruption and will, so far as practicable, use its best efforts to prevent inconveniences and damage arising from any such causes, but the failure to give such notice shall not render the City responsible or liable for damages which may result from such service interruption.

§ 38-48 Service abandonment determination.

[Code 1968, § 3-518]

The City reserves the right to take appropriate measures to abandon services to an existing property which is left vacant for over a period of 12 months, unless there is written communication between the City and the interested party of such person's intentions on such premises.

§ 38-49 Emergencies.

[Code 1968, § 3-519]

During an emergency pertaining to the Water Department, the City Council may make such rules and regulations, as it shall deem necessary, governing the use of water by the consumer. Such rules and regulations shall have the same force and effect as ordinances.

§ 38-50 Protection of City wells.

[Code 1968, § 3-520]

It shall be unlawful for any person to construct or maintain, or permit to be constructed or maintained, within a radius of 100 feet from any of the municipal water wells of the City from which the City draws its water supplies, any source of possible contamination or pollution to such wells.

§ 38-51 Cross connections.

[Code 1968, § 3-521]

Rules adopted. The City adopts, by reference, the water supply cross connection rules of the state department of environmental quality, being 1977 AACS 325.11401 to R 325.11407, of the Michigan Administrative Code.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

BACKFLOW

Water of questionable quality, wastes or other contaminants entering a public water supply system due to a reversal of flow.

CROSS CONNECTION

A connection or arrangement of piping or appurtenances through which a backflow could occur.

SAFE AIR GAP

The minimum distance of a water inlet or opening above the maximum high water level or overflow rim in a fixture, device or container to which public water is furnished, which shall be at least two times the inside diameter of the water inlet pipe, but shall not be less than one inch and need not be more than 12 inches.

SECONDARY WATER SUPPLY

A water supply system maintained in addition to a public water supply, including, but not limited to, water systems from ground or surface sources which do not meeting the requirements of Part 41 of Public Act No. 451 of 1994 (MCL § 324.4101 et seq.), or water from a public water supply which in any way has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility.

SUBMERGED INLET

A water pipe or extension of a water pipe from a public water supply terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminants and which is unprotected against backflow.

WATER UTILITY

A governmental unit, municipal or private corporation, association, partnership or individual engaged in furnishing water to the public for commercial, industrial, household or drinking purposes.

Prohibited connections. The following connections will not be permitted unless approved backflow protection is provided for in their design:

(1)

A cross connection between a public water supply system and a secondary water supply.

(2)

A cross connection by a submerged inlet.

(3)

A cross connection between a public water supply system and piping which may contain sanitary waste or a chemical contaminant.

(4)

A cross connection between a public water supply system and piping immersed in a tank or vessel which may contain a contaminant.

Inspections. It shall be the duty of the City Water Department to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections, based on potential health hazards involved, shall be as established by the City Water Department and as approved by the state department of environmental quality.

(e)

Access to property; refusal. Representatives of the City Water Department shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping systems of such property for cross connections. Upon request, the owner, lessees or occupants of any property served by a connection to the public water supply system of the City shall furnish to the inspecting agency any pertinent information regarding the piping systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

(f)

Discontinuance of service. The City Water Department is authorized and directed to discontinue water service after 24 hours' notice to any property where a connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.

(g)

Protection from contamination; labeling. The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the state. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable water system must be labeled in a conspicuous manner as: WATER UNSAFE FOR DRINKING.

(h)

Greater restrictions. If any provision of a City or county ordinance or state statute imposes greater restrictions than those set forth in this section, such ordinance or statute shall control.

(i)

Enforcement. The enforcement of this section shall be conducted by the City Manager or such other City employee as the City Manager may designate from time to time.

§ 38-52 Fluoride.

[Code 1968, §§ 8-302, 8-303]

Purpose. The purpose of this section is to reject the addition of fluoride to water supplied by or under the control of the City, as prescribed by Section 12721 of Public Act No. 368 of 1978 (MCL § 333.12721).