[HISTORY: Adopted by the governing body of the Township of Little Falls 8-4-2003 by Ord. No. 918. Amendments noted where applicable.]
The Township of Little Falls recognizes fire protection as an essential service for the health, safety and general welfare of its residents. Proper maintenance of all fire hydrants is necessary in providing fire protection in the community. In response to a request made by the residents of the Reservoir Ridge Condominium Association, the Township consents to assume billing of fire hydrants located on the property managed by the Reservoir Ridge Condominium Association.
As used in this chapter, the following words or phrases shall have the meanings indicated below:
- ADMINISTRATIVE EXPENSE
- Any expense incurred by the Township related to providing fire hydrant billing, including bank fees, postage, photocopy expenses, toll charges for telephone use or reasonable personnel costs directly related to the administerial acts required by this ordinance.
- The corporate body representing the Reservoir Ridge Condominium Association, its unit owners and residents.
- UNIT OWNER
- Any person or persons owning a fee-simple interest in any condominium unit of the Reservoir Ridge Condominium Association.
The Township consents to assume the responsibility to bill the unit owners for fire hydrant services. This ordinance enables the Township to execute a contract with the Association to effectuate this service.
Method of billing. The Township shall bill the Association directly for fire hydrant use and access for its 29 unit owners. The Association, on behalf of its 29 unit owners, shall have the legal obligation to timely pay in full all fees due and owing to the Township. Aggregated billing to the Association shall not relieve each unit owner's legal obligation to pay its pro rata share of fees due and owing to the Township.
Frequency of billing. The Association will be billed biannually for the entire cost to the Township of maintaining the fire hydrants on Association property.
Administrative expenses included. The quarterly fee charged to each unit owner shall include a surcharge as set forth in Chapter 71, Fees, to pay for administrative expenses incurred by the Township in billing for fire hydrant use and access.
[Amended 12-22-2008 by Ord. No. 1060]
Periodic review and revision of fees. The Township shall possess the right to review and revise the fee charged to unit owners once per fiscal year to include additional costs incurred. This annual revision shall not exceed the actual costs incurred by the Township plus a surcharge of 8% to pay for administrative expenses.
Recordkeeping of bills. The Township shall maintain all records regarding billing and unit owner payment. These records shall include each unit owner's quarterly payments and any delinquencies for same. Upon written request, any unit owner may review his or her records of bill payment. The Township shall provide access to billing records within a reasonable time after the unit owner's request.
Capital costs and improvements. The Township shall have no responsibility for the maintenance and/or repair of the fire hydrants or related systems. In the event that fire hydrants or related systems are improved or repaired, the Association shall be responsible for the entire cost of the improvements or repairs and be assessed accordingly. The Township shall bill the Association for any such assessment. The Association hereby represents and warrants that its bylaws authorize this type of expense as well as the authority for the execution and performance of this agreement.
Collection authority. The Township Finance Department is charged with the duty of collecting all fire hydrant fees.
Pro rata billing for midquarter service. If fire hydrant billing under this ordinance begins after the first day or terminates before the last day of any calendar quarter, the fire hydrant fee for such quarter shall be for that portion of the quarter during which the property is served.
Delinquent payment period. The Association shall be conclusively deemed to be delinquent in paying its fire hydrant bill if the Township does not receive payment by the due date noted on the biannual bill.
Interest for delinquency or nonpayment. All charges for fire hydrants that remain unpaid and past due by the Association shall draw the same interest penalty as charges levied for past due property taxes of unit owners.
Lien for delinquency or nonpayment against unit owner(s). In addition to the delinquency remedies against the Association, all charges for fire hydrants that remain unpaid by any unit owner for 30 days or more shall be secured by a lien upon the delinquent unit owner's premises until paid in full. The Township shall possess the same remedies for the collection of delinquent fire hydrant payments with interest, costs and penalties as it possesses for the collection of property taxes and water fees.
The Association shall be responsible for all fees due and owing to the Township under this agreement. Aggregated billing to the Association shall not relieve each unit owner's legal obligation to pay its pro rata share of fees due and owing to the Township.
The Association shall indemnify and save harmless the Township, its officers, agents, servants and employees and each and every one of them against any and all claims, demands, suits, actions or proceedings of any kind or nature and description, and from all damages to which the said Township or any of its officers, agents, servants or employees may be put by reason of fire hydrant service disruption or for any cause or reason arising out of or by reason of this agreement.
If any section, paragraph, subdivision, clause, sentence, phrase or provision of this ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
All Township ordinances and parts of ordinances inconsistent with this ordinance are hereby repealed.
This ordinance shall take effect upon final passage, adoption and publication as required by law.