[Adopted 4-19-1971 by Ord. No. 18; amended in its entirety 12-19-2016 by Ord. No. 125]
It is hereby determined to be desirable and necessary, for the
public health, safety and welfare of the Township of Blackman, that
the Jackson County Sanitary Sewage Disposal Systems Nos. 2 and 3 (Township
of Blackman) be operated by said Township as lessee and agent of Jackson
County and the Jackson County Department of Public Works as County
Agency under Act 185 of 1957, as amended,[1] on a public utility rate basis in accordance with the
provisions of Act 94, Public Acts of Michigan, 1933, as amended.[2]
As used in this article, the following terms shall have the
meanings indicated:
Have the meanings as defined in Section 3, Act 94, Public
Acts of Michigan, 1933, as amended.[1]
The complete Jackson County Sanitary Sewage Disposal Systems
Nos. 2 and 3 (Township of Blackman), including all sewers, mains,
pumps, lift stations, 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.
[1]
Editor's Note: See MCLA § 141.103.
The operation, maintenance, alteration, repair and management
of the systems shall be under the supervision and control of the Township
Board, subject to the terms of the contracts dated April 13, 1971,
between the County of Jackson and the Township of Blackman. Said Board
may employ such person or persons in such capacity or capacities as
it deems advisable to carry on the efficient management and operation
of the system and may make such rules, orders and regulations as it
deems advisable and necessary to assure the efficient management and
operation of the system.
Rates to be charged for service furnished by the system shall
be as follows:
A.
Sewer
use charges. Sewer use rates charged for sewer use shall be levied
on all premises having any sewer connection with the Township's
wastewater system. Such sewer use rates shall be established by resolution
of the Township Board. Whenever these rates shall be changed, the
revised resolution of the Township Board shall be published at least
once in a newspaper of general circulation within the Township. No
change of sewer use rates shall become effective until 10 days after
the date of such publication.
B.
Special
rates. For miscellaneous or special services for which a special rate
shall be established, such rates shall be fixed by the Township Board.
C.
Billing;
disputes.
(1)
Bills will be rendered monthly or quarterly, payable without penalty
by the due date stated on the bill. Payments received after such period
shall bear a penalty of 5% of the amount on the bill.
(2)
Any user who wishes to dispute the correctness of a bill for sewer
use from the Township must do so in writing directly to the Township
Board, stating the reasons for the dispute, within three years from
the date of rendition of the bill.
(3)
All bills not disputed in a timely way under this section shall be
conclusively presumed in any legal or administrative proceeding to
be proper and lawful in every way.
D.
Enforcement.
(1)
The charge for services which are under the provisions of Section
21, Act 94, Public Acts of Michigan, 1933, as amended,[1] made a lien on all premises served thereby, unless notice
is given that a tenant is responsible, are hereby recognized to constitute
such lien, and whenever any such charge against any piece of property
shall be delinquent for six months, the Township official or officials
in charge of the collection thereof shall certify annually, on September
1 of each year, to the tax-assessing officer of the Township 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 Township taxes against such premises are collected and the
lien thereof enforced; provided, however, that where notice is given
that a tenant is responsible for such charges and service as provided
by said Section 21, no further service shall be rendered such premises
until a cash deposit in the amount of $50 shall have been made as
security for payment of such charges and services.
[1]
Editor's Note: See MCLA § 141.121.
(2)
In addition to the foregoing, the Township shall have the right to
shut off sewer service to any premises for which charges for sewer
service are more than three months delinquent, and such service shall
not be reestablished until all delinquent charges and penalties and
a turn-on charge, to be specified by the Township Board, have been
paid. Further, such charges and penalties may be recovered by the
Township by court action.
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.
All premises to which sewer services of the system shall be
available shall connect to said system within six months after the
mailing of notice to such premises by the appropriate Township official
that such services are available. All premises connecting to the system
on or prior to January 1, 1973, shall be charged a direct connection
fee of $1,200 payable upon connection; provided, however, that the
aforesaid direct connection fee may also be payable in annual installments
not to exceed 18 in number with interest at 7% on unpaid installments
from the date of connection. All premises connecting to the system
after January 1, 1973, shall pay a connection fee as established by
resolution of the Township Board for that district or portion of the
system from time to time. An indirect connection fee of $300 shall
be charged to customers not abutting the sewer lines payable at the
time of connection.
The owners of all dwellings, buildings and structures that make
an addition, expansion or change in usage that will increase the current
discharge of sanitary sewage will be required to pay an additional
sewage connection fee. This fee will be based on the current wastewater
charges and table of unit factors in effect at the time of the expansion.
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 good repair and working order, to provide for payment of
the contractual obligations of the Township to the County of Jackson
pursuant to the aforesaid contracts between said county and the Township
of Blackman as the same become due, and to provide for such other
expenditures and funds for said system as this article may require.
Such rates shall be fixed and revised from time to time as may be
necessary to produce these amounts.
The system shall be operated on the basis of an operating year
commencing on April 1 and ending on the last day of March next following.
The revenues of the system shall be set aside, as collected,
and deposited in a separate depository account in a Jackson, Michigan,
bank duly qualified to do business in Michigan, in an account to be
designated Sanitary Sewage Disposal Systems Nos. 2 and 3 Receiving
Fund (hereinafter, for brevity, referred to as the "Receiving Fund"),
and said revenues so deposited shall be transferred from the Receiving
Fund periodically in the manner and at the time hereafter specified.
A.
Operation and Maintenance Fund. Out of the revenues in the Receiving
Fund there shall be first set aside quarterly into a depositary account,
designated Operation and Maintenance Fund, a sum sufficient to provide
for the payment of the next quarter's current expenses of administration
and operation of the systems and such current expenses for the maintenance
thereof as may be necessary to preserve the same in good repair and
working order.
B.
Contract Payment Fund. There shall next be established and maintained
a depository account, to be designated Contract Payment Fund, which
shall be used solely for the payment of the Township's obligations
to the County of Jackson pursuant to the aforesaid contracts. 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 Township legally available
for such purpose.
C.
Replacement Fund. There shall next be established and maintained
a depository account, designated Replacement Fund, which shall be
used solely for the purpose of making major repairs and replacements
to the systems if needed. There shall be set aside into said fund,
after provision has been made for the Operation and Maintenance Fund
and the Contract Payment Fund, such revenues as the Township Board
shall deem necessary for this purpose.
D.
Improvement Fund. There shall next be established and maintained
an Improvement Fund for the purpose of making improvements, extensions
and enlargements to the systems. There shall be deposited into said
fund, after providing for the foregoing fund, such revenues as the
Township Board shall determine.
E.
Surplus monies. Monies remaining in the Revolving Fund at the end
of any operating year, after full satisfaction of the requirements
of the foregoing funds, may, at the option of the Township Board,
be transferred to the Improvement Fund or used for such purpose as
the Township Board may determine to be in the best interests of the
Township; provided that any funds transferred to another Township
account shall be repaid at a rate of interest no less than the average
rate of return of the Township utility (sewer and water) investment
portfolio as of the date of transfer of funds.
F.
Bank accounts. All monies belonging to any of the foregoing funds
or accounts may be kept in one bank account, in which event the monies
shall be allocated on the books and records of the Township within
this single bank account, in the manner above set forth.
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 and/or securities in other funds of the systems,
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.
Monies in any fund or account established by the provisions
of this article may be invested in the manner and subject to the limitations
provided in Act 94, Public Acts of Michigan, 1933, as amended.[1] 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 fund or funds from which such purchase
was made. Income received from such investments shall be credited
to the fund from which said investments were made.
[1]
Editor's Note: See MCLA § 141.101 et seq.
