[Adopted 5-13-1940 by Ord. No. 150]
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976]
All water furnished to persons, partnerships,
firms, corporations and others using water from the mains of the Borough,
whether for household, manufacturing or any other purposes, shall
be metered. The water shall be metered by the Borough and same shall
be paid for at the rate hereinafter fixed.
The Borough of Conway will endeavor to keep
an adequate supply of water in its mains at all times, but the water
is furnished to the consumer upon the express condition that if, for
any unavoidable cause or for the purpose of making connections or
for any other reason whatsoever, the water shall be temporarily shut
off, no damage shall in any event be claimed by any person or persons,
whether they shall be consumers or nonconsumers of water from the
mains of the Borough of Conway.
[Amended 4-21-2021 by Ord. No. 563, approved 4-21-2021]
Before any water shall be used from the water
mains of said Borough, a contract in writing therefor shall be signed
by the owner of the property where the water is to be used, setting
forth the rules and regulations.
Nothing contained in this chapter shall in anywise
be construed as a waiver of the right of the Borough to file a lien
against a property to which water is supplied by the Borough for unpaid
water rates or other charges made in connection with the supplying
of water, but, on the contrary, the Borough expressly reserves the
right and hereby declares the same to be a lien against the particular
property to which water or service is furnished by the Borough, as
provided by the Acts of Assembly in such cases specified.
[Amended 12-10-1962 by Ord. No. 249, approved
12-14-1962]
A.
From and after November 1, 1954, it shall be unlawful
for any person, firm or corporation to make connection with any of
the waterlines within the Borough of Conway without first having obtained
a permit from the Borough Secretary and having paid a tap-in and connection
fee, as established by resolution of Council, to the Borough Secretary.
[Amended 12-18-1978 by Ord. No. 363, approved
12-18-1978; 10-8-1984 by Ord. No. 402, approved 10-8-1984; 5-18-1987 by Ord. No.
413, approved 5-18-1987]
B.
Upon payment of the above-specified fees to the Borough
Secretary, a receipt shall be issued therefor, which shall be presented
to the Public Works Supervisor, who shall thereupon make the necessary
connection. The Borough shall, in all cases, lay the waterline to
the inside of the curbline at which place the connection shall be
made. All water taps shall be charged according to the rates set forth
above, together with the added cost of backfilling, tamping and restoring
the surface of the street to the conditions existing immediately preceding
the opening of said street.
[Amended 4-21-2021 by Ord. No. 563, approved 4-21-2021]
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
The owner or his representative must notify
the Secretary or Public Works Supervisor when the service line is
complete from the curb to meter, ready for inspection and test. The
Borough will then send its agent to inspect and test the line. The
service line must be left in an exposed condition until after test
and inspection are made.
Each consumer must be supplied by an independent
service pipe from the main and is also required to have a stop-and-waste
valve between the meter and curb box.
[Amended 11-10-1969 by Ord. No. 319, approved
11-10-1969; 6-14-1976 by Ord. No. 346, approved 6-14-1976; 10-8-1984 by Ord. No.
402, approved 10-8-1984; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
All meters shall be installed and sealed by
the Public Works Supervisor or any other authorized agent designated
by the Borough Council. The installation charge, as established by
resolution of Council, shall be paid in advance before installation
of said meters.
A.
Meters will be furnished by the Water Department,
which shall retain ownership thereof, and all meters installed shall
be those meters standardized by the Water Department of the Borough
of Conway.
B.
If a meter gets out of order and fails to register,
the consumer will be charged at the average daily consumption as shown
by the meter when it was in order, but in no case will the charge
be less than the minimum charge for the quarter.
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
The property owner shall provide a suitable
housing for said meter in an accessible location and position that
must be satisfactory to the Public Works Supervisor.
The property owner shall be responsible for
any damage to meter through extreme heat, cold, accident or otherwise.
The Water Department will maintain and keep the meter in repair and
good working order, except in case of damage through extreme heat,
cold, accident or otherwise, when the Water Department will repair
or replace the meter at property owner's expense. Also, no plumber
or any other than an authorized agent of the Water Department shall
at any time be allowed to take out, repair or replace a meter.
[Amended 4-21-2021 by Ord. No. 563, approved 4-21-2021
The Public Works Supervisor or any unauthorized
agent shall have access at all reasonable hours to the premises supplied
with water for the purpose of reading meters, making repairs, removal
of meters, inspection of meters and for the purpose of sealing, resealing
or changing the seals on said water meters.
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
All meters shall be sealed by the Public Works Supervisor or such person as the Borough Council shall designate, and no seal on any meter shall be broken or in anywise changed by any person other than the said Supervisor or other duly designated person, under penalty imposed by § 121-22 hereof.
[Amended 4-21-2021 by Ord. No. 563, approved 4-21-2021]
Meters will be read at the end of each quarter,
on a schedule to be set by resolution by Borough Council, and bills
shall be rendered for the minimum charge for any quarter, together
with excess charge, if any.
[Amended 10-8-1984 by Ord. No. 402, approved
10-8-1984; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
All water rates shall be payable quarterly on
or before the last day of the month in which the bill is rendered,
and upon failure to make payment before the first day of the month
following the rendering of the bill for water, the Supervisor or other
persons designated by Council shall thereupon provide any necessary
notices before shutting off the supply of water of the delinquent
consumer, and the same shall not be turned on again until the water
rates and penalty of such consumer are paid in full and a fee, as
established by resolution of Council, for shutting off and turning
on the water has been paid.
[Amended 2-8-1971 by Ord. No. 325, approved
2-8-1971; 5-12-1980 by Ord. No. 375, approved 5-12-1980; 6-15-1981 by Ord. No.
380, approved 6-15-1981; 1-11-1982 by Ord. No. 384, approved 1-11-1982; 6-10-1985 by Ord. No. 405, approved 6-10-1985; 3-25-1986 by Ord. No.
407, approved 3-27-1986; 5-18-1987 by Ord. No. 413, approved 5-18-1987; 12-10-1990 by Ord. No. 432, approved 12-10-1990; 1-11-1993 by Ord. No.
441, approved 1-11-1993; 4-21-2021 by Ord. No. 563, approved 4-21-2021]
A.
The schedule of rates for water rental or water charge, inclusive
of the service charge per quarter for billing, to be payable by the
owners of all properties served by the water system of the Borough
of Conway, shall be set by Borough Council and adopted by resolution.
B.
Any charges not paid on or before the last day of the month of billing
shall be subject to a penalty of 10% of the total amount due. Such
charges, if not paid within 30 days' notice, may be collected
as provided by law by an action of assumpsit or by lien in the nature
of a municipal lien.
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976; 10-8-1984 by Ord. No. 402, approved 10-8-1984]
Should any consumer doubt the correctness of
the meter measuring service, he or she can have a test made by applying
to the office of the Borough Secretary. This application must be accompanied
by a fee, as established by resolution of Council, to defray the cost
of having said meter tested, and should said test show the meter in
question to be correct within 4%, he or she shall forfeit the deposit,
but should the test show the meter registering incorrectly and beyond
4%, said deposit will be refunded and the cost of the test shall be
borne by the Water Department.
No person or persons shall, without authority from the Conway Borough Council, turn on or off any street valve, stopcock, corporation cock or other street connection, or connect or disconnect any meter, under penalty imposed in § 121-21 hereof.[1]
[1]
Editor's Note: Former § 121-19, When deposit required, as amended 4-16-1963 by Ord. No. 254, approved 4-17-1963, and 10-8-1984 by Ord. No. 402, approved 10-8-1984, which immediately followed this section, was repealed 4-21-2021 by Ord. No. 563, approved 4-21-2021. This ordinance also provided for the renumbering of former §§ 121-20 through 121-25 as §§ 121-19 through 121-24, respectively.
Any apartment, storeroom or duplex housing more
than one family or more than one business shall be considered an apartment,
duplex or flat and is hereby compelled to have an individual meter
for each family or tenement occupying said building.
[Amended 4-21-2021 by Ord. No. 563, approved 4-21-2021]
Any consumer must notify the Conway Borough
Secretary, in writing, upon vacating or selling any premises for which
he/she is, or has been, using water from the water mains of the Borough
of Conway.
[Amended 6-14-1976 by Ord. No. 346, approved
6-14-1976]
Any person who shall be convicted of a violation
of any of the provisions of this chapter before any District Magistrate
shall be sentenced to pay a fine of not more than $300, together with
costs of prosecution, or to imprisonment in the county jail for a
term not to exceed 30 days, or both.
[Added 10-8-1984 by Ord. No. 402, approved
10-8-1984]
The Council, by resolution, may adopt such rules,
regulations and service charges for the operation of the water system
as, from time to time, the Council deems necessary.
