[HISTORY: Adopted by the City Commission
of the City of Kalamazoo as indicated in section histories. Amendments
noted where applicable.]
GENERAL REFERENCES
County water supply ordinance adopted by City — See § 1-6B(9).
Buildings and building regulations — See Ch. 9.
Plumbing code — See § 9-78 et seq.
Electrical code — See § 9-98.
Housing code — See Ch. 17.
Covering or fencing of dry wells — See § 22-11.
Impersonating meter readers — See § 22-24.
Wastewater discharge regulations and enforcement procedures — See Ch. 28.
Sewer service charges — See
§ 28-73 et seq.
Special assessments for public improvements — See Ch. 32.
Permit for installation of water pipe lines in, over or on streets, alleys and other public places — See § 33-102 et seq.
Water supply for swimming pools — See § 34-8.
[Adm. Code § A210.1; P.S. Code
§§ PS403.11, PS404.A1; amended 4-12-1982 by Ord. No. 1255; 9-7-1982 by Ord. No. 1268]
For the purposes of this chapter, the following
words and terms shall have the meanings ascribed to them in this section,
unless clearly indicated to the contrary:
The person owning the property in or on which water is consumed.
The Department of Public Utilities.
Any measuring device by which the quantity of water used
by a consumer is measured.
That pipe which delivers water from the distribution main
to the meter on the property being served and includes all piping
and appurtenances up to the discharge side of the meter but not beyond
that point.
[1]
Editor's Note: Former §§ 38-2
and 38-3, relative to the Division of Water, were repealed 9-7-1982
by Ord. No. 1268. Said sections formerly derived from Adm. Code, § A210.1
and P.S. Code, §§ PS403.11, PS403.12.
[P.S. Code § PS403.17]
Employees of the City shall have the right to
enter any premises in which or on which City water is used to inspect,
adjust, repair or remove water meters or appurtenances in connection
with water meters, at any and all reasonable times.
[P.S. Code § PS403.18]
The City will endeavor to furnish continuous
water service to the consumer, but does not guarantee uninterrupted
service and will not be liable for any damage which the consumer may
sustain by reason of the failure of the service, whether caused by
accident, repairs or otherwise, nor will the City be liable for damages
which the consumer may sustain by reason of failure of the water supply
or for damages to persons or property arising, accruing or resulting
from the supply of water or from any apparatus or appurtenance in
connection therewith.
[P.S. Code §§ PS404.1—PS404.5]
A.
In all cases where the Department of Public Utilities
is requested to lay distribution mains, in easements or public rights-of-way,
for any district or development not presently served by City water,
a charge shall be rendered for each linear foot of such distribution
main necessary to provide acceptable service to such district or development,
and shall be paid for by the party requesting same. The limits of
service necessary for such district or development shall be prescribed
by the Director of Utilities, based on sound engineering and operating
practices, and the legal requirements of any other public agency.
B.
The Director of Utilities shall, each year, file with
the City Clerk the unit charges for the various classes of such distribution
construction for the coming calendar year. These average linear foot
charges for distribution mains shall reflect the preceding year's
cost experience for the various classes of construction, and the projected
changes in costs of labor and materials, and shall be a weighted cost-average
for all sizes of main up through 10 inches. Cost for various degrees
of surface repairs shall be stated in addition. For mains larger than
10 inches, that portion of cost beyond 10 inches shall be deemed to
be "transmission facilities," and shall be absorbed by the Department
of Public Utilities.
C.
Charges for the various distribution construction
projects must be paid in full before any work can be authorized.
D.
In case the City commission shall determine, by resolution, that the expense for the distribution mains shall be paid for by special assessment, the normal assessment policies of the City, as prescribed in Chapter 32 of this Code, shall apply.
E.
In cases where arterial or distribution mains have
been installed at the cost of the Public Utilities Department, charges
for these distribution facilities shall be made when any abutting
property is rendered service from the mains. These charges, for each
foot of such connecting property, shall be based on 60% of the linear
footage charge for distribution mains in effect at the time of such
connection.
[P.S. Code § PS404.A1]
Water service connections shall be installed
and maintained under the direction and control of the Director of
Utilities, at the request of the owner of the property or his duly
authorized representative. Any change to the site, subsequent to the
installation of the connection, which may affect the operation and
maintenance of the service shall relieve the City from all responsibility
for maintenance and liability for any resultant damages.
[P.S. Code § PS404.A3; amended 9-24-1984 by Ord. No.
1334; 5-31-1994 by Ord. No. 1577]
A.
The City Manager is hereby authorized, with the consent
of the City Commission, to determine and establish a schedule of construction
charges for the various sizes and types of water service connections
for each calendar year. Each schedule shall become effective when
approved by motion duly adopted by the City Commission. Such schedule
of charges shall be based on the following, as applicable:
(1)
Recovery of all costs normally incurred for this type
of construction.
(2)
The size and length of pipe to be used for standard
size connections, up through 1 1/4 inch. When the main is in
a public street, the length of pipe shall be computed from the center
of the right-of-way.
(3)
Extra costs of construction during winter months.
(4)
Repair or replacement of pavement and sidewalk.
(5)
Exceptional surface repairs, including landscaping.
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For larger sized pipes and for all extensions
or alterations to existing services, charges shall be based upon actual
costs.
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B.
The Director of the Department of Public Utilities
may establish advance deposits for construction charges for water
service connections for each calendar year.
C.
Advance deposits toward construction charges established
under this section shall be made before construction. Any balance
owed shall be due within 30 days after billing. Interest at the rate
established by the City Commission for past due accounts shall be
charged upon any delinquent unpaid balance. If such unpaid balance,
with interest, is not paid within six months, the fact shall be reported
to the City Commission for establishment of a lien against the real
estate.
[P.S. Code § PS403.110]
A.
No connection shall be installed which will connect
the City water supply to any system of pipes or piping which may also
be supplied from any other source. The use of check valves or valves
of any kind to separate the City supply from any other supply will
not be permitted. There must be an absolute physical separation of
the City water supply and any other supply.
B.
Connections installed contrary to this section prior
to the effective date of Ordinance No. 62, from which this section
is derived, may continue until the health officer or the Director
of Utilities orders such connection discontinued. Customers shall
ordinarily be given five days in which to comply with such an order,
but in cases of emergency, when it is deemed by the health officer
that public health is being jeopardized by such a connection, customers
shall be required to comply with the order immediately. If such a
customer shall fail to comply with such an order within the time limits
herein specified, such failure shall be considered as a violation
of this section, and in addition thereto, the water shall be shut
off from the premises and not turned on again until the order has
been complied with.
[P.S. Code §§ PS403.112, PS404.A2;
amended 12-29-1975 by Ord. No. 1075]
A.
Meters shall be located in an accessible space provided
by the property owner at the point where the service connection enters
the structure and shall not be in a crawl space or a locked storage
room. Where it is impractical to place the meter elsewhere, the owner
shall provide a meter pit on private property adjacent to the public
right-of-way.
B.
Meter sizes shall be prescribed by the Director of
Utilities. Meter sizes shall be changed when it appears that a meter
of the wrong size is in use, except that changes shall not be made
for seasonal variations.
[P.S. Code § PS403.14]
Not more than one residence, factory or industrial
institution shall be served by one meter, provided the regular water
main is laid past any such premises or is easily accessible to such
premises. When a main is installed on the street past any premises
previously served by a meter also measuring water to another premises,
the connection previously installed shall be removed and the premises
connected to the main in the regular way.
[P.S. Code §§ PS403.13, PS403.15]
It shall be unlawful for any person to open
any valve or make any connection which will make possible the use
of water which has not passed through a meter properly installed and
recorded on the books of the division, except that, in special cases
where it is impractical to meter the water and where the amount used
can be accurately estimated and where proper arrangements are made
for the payment of water so used, the Director of Utilities may grant
temporary permission in writing for such use of water without a meter.
[P.S. Code § PS403.15]
In cases of ordinary building construction,
a meter shall be set in a place approved by the division, at the expense
of the customer, to measure the water used during construction. Water
so used shall be charged for at the usual rates.
[P.S. Code § PS403.13; amended 10-19-2009 by Ord. No.
1859]
A.
Only approved contractors or employees of the Public Services Department,
Water Division, acting in their official capacities are permitted
to tap, change, remove, disconnect, repair, install, break, or seal,
turn on, or in any way perform work on any water mains, branch piping,
service connections, meters, valves, fittings or other appurtenances
of the water distribution system.
B.
An "approved contractor" must be a licensed plumber in good standing
with the State of Michigan and be able to demonstrate to the Public
Services Director or the Director's designee sufficient experience
to perform work to the satisfaction of the Public Services Director,
or the Director's designee. The Public Services Director, or the Director's
designee, shall maintain a list of approved contractors who have met
these requirements. An approved contractor shall obtain written permission
from the Public Services Director, or the Director's designee, before
performing any work.
C.
Nothing in this section shall be deemed to obviate the necessity
that an approved contractor or an employee of the Water Division secure
all necessary permits before performing any work on the City's water
distribution system, or to secure a final inspection and approval
of any work described in this section.
[P.S. Code § PS403.16]
It shall be unlawful for any person to cover
up or obstruct in any way free access to any fire hydrant, curb box,
street valve or meter. In case of violation of this section, the cost
of removing the obstruction, together with the cost of restoring the
hydrant, curb box, street valve or meter to its proper accessible
position, plus 25%, shall be charged to the person causing or allowing
the obstruction to occur or under whose direction the obstruction
occurred. This charge shall be subject to a 10% discount, if paid
within 30 days of the date of the invoice. This charge shall be in
addition to any penalties provided for the violation of this section.
[P.S. Code § PS403.19]
B.
Customers may turn water on and off by the valve immediately
ahead of the meter in the basement or meter pit in which the meter
is located, at their pleasure.
C.
It shall be unlawful to operate any other valve or
hydrant, except by a wrench or key which has been approved by the
Division of Water and stamped with a distinctive, identifying marking
and a serial number. Records shall be made by the serial number of
the ownership of each and every key or wrench so approved. All hydrant
wrenches used by the fire department shall be inspected, and if found
in good condition, shall be so approved and recorded. The Director
of Utilities may issue approved and recorded keys or wrenches to such
other persons as he may deem proper, subject to the approval of the
City Manager. Any key or wrench so issued shall be for the exclusive
use of the person recorded with the issuance of the key or wrench.
In case of violation of this section, any wrench or key so illegally
used may be confiscated by any employee of the Division of Water,
acting in his official capacity, or by any officer of the law.
[P.S. Code § PS403.111]
A.
It shall be unlawful for any person to ground or electrically
connect any radio, telephone or other electrical system to any pipes
or appurtenances connected to the discharge side of any water meter,
unless:
B.
Any shunt placed around a water meter shall be so
placed that the meter may be removed without disturbing same, and
no electrical connection whatever shall be made to the meter itself
or to the meter union or meter "tail piece." The "tail piece" shall
be construed as the short piece of special pipe (usually of brass)
which is immediately adjacent to the meter and connected thereto by
the meter union.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075]
When meters are installed to measure water to fire protection sprinkler systems under Schedule C of § 38-32, it shall be unlawful to use water through such meters for any purpose other than extinguishing fires or testing or filling the sprinkler system or its appurtenances. Customers using water under said Schedule C shall maintain their sprinkler systems in a tight condition, free from drips, leaks and unlawful uses of water at all times. Tests of sprinkler systems shall be made at such times as authorized by the Director of Utilities to best protect the City water system.
[P.S. Code §§ PS407.1, PS407.2]
A.
All that portion of the City-owned land in Sections
1, 2, 11 and 12, T 3S, R 12W, which is south and westerly of a one-hundred-thirty-two-foot
electric transmission right-of-way, and which is more than 821.90
feet north of the south line of Section 11, and which is more than
1,000.00 feet northwesterly from Texas Drive, as shown on Exhibit
"A" attached to Ordinance No. 957 and on file in the City Clerk's
office, shall be established as a water resource and land preserve.
B.
It is the intention of the City to maintain ownership
and control of the land referred to above, so as to protect the water
supply environment to the greatest degree possible, and to preserve
the character of the land in as natural a state as possible, while
providing for water supply development needs. Therefore, the land
uses permitted in this area shall be limited to those activities necessary
for water supply purposes and for passive recreational uses, such
as nature study, wildlife observation, hiking and minimal forest management.
C.
All unauthorized motorized vehicles and equipment; hunting, trapping, and the carrying of firearms of any type; and sewers, garbage dumps and other possible sources of contamination shall be prohibited in the area described in Subsection A above. All activities that could affect the land or water environment, which are not specifically approved or prohibited in this section, must receive prior approval from the Director of Utilities.
[P.S. Code §§ PS901, PS902]
A.
It is the intention of the City to protect and maintain
the sanitary isolation of the environment of the Central Water Well
Field free from all sources of contamination which might result in
harm to the municipal wells located within this field, and which could
adversely affect the physical isolation of the wells, as required
by the State Health Department. The boundaries of the Central Water
Well Field Sanitary Isolation Area, which is located entirely within
the City, are described as follows:
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Commencing at a point at the intersection of
the center lines of South Burdick Street and Balch Street in the City,
thence northerly on the center line of South Burdick Street 384.5
feet; thence westerly parallel to the center line of Balch Street
165 feet to a point of beginning; thence northerly approximately 851
feet parallel to the center line of South Burdick Street to a point
which is 176 feet south of the south line of Vander Salm Court; thence
westerly parallel to the center line of Balch Street approximately
500 feet to the west line of South Rose Street; thence northerly along
said west line of South Rose Street approximately 275.5 feet to a
point which is 255.75 feet south of the south line of Wall Street;
thence westerly parallel to the center line of Forest Street approximately
344.5 feet to a point 148.5 feet east of the center line of South
Park Street; thence southerly parallel to said center line of South
Park Street approximately 559.75 feet to the south line of Forest
Street; thence westerly along said south line of Forest Street approximately
90.5 feet to a point 58 feet east of the center line of South Park
Street; thence southerly parallel to said center line of South Park
Street approximately 780 feet to a point 165 feet north of center
line of Balch Street, thence easterly approximately 173.45 feet parallel
to the center line of Balch Street to a point which has a perpendicular
distance from the center line of Crosstown Parkway of 150 feet and
a perpendicular distance to the center line of Balch Street of 165
feet; thence northeast parallel to the center line of Crosstown Parkway
approximately 240 feet to a point which has a perpendicular distance
from the center line of Crosstown Parkway of 150 feet and a perpendicular
distance of 346.5 feet from the center line of Balch Street; thence
easterly parallel to the center line of Balch Street approximately
585 feet to a point 183 feet west of the center line of South Burdick
Street; thence northerly 38 feet to a point which is also 183 feet
west of the center line of South Burdick Street; thence easterly 18
feet parallel to the center line of Balch Street to the point of beginning.
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B.
No construction or other activity which could adversely
affect the well isolation, will be permitted on or below the surface
of the ground within the confines of the Sanitary Isolation Area enclosing
the Central Water Well Field, without prior approval of the Director
of Utilities for the City and the Director of the State Health Department.
[Added 5-29-1979 by Ord. No. 1159]
A.
It is the intention of the City to protect and maintain
the sanitary isolation of the environment of the Kendall Water Well
Field free from all sources of contamination which might result in
harm to the municipal wells located within this field, and which could
adversely affect the physical isolation of the wells, as required
by the Michigan State Health Department. The boundaries of the Kendall
Water Well Field Sanitary Isolation Area, which is located entirely
within the City of Kalamazoo, State of Michigan, are described as
follows:
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Commencing at the northwest corner of Section
20, Township 2 South, Range 11 West, thence south along the west line
of said section, 100.0 feet for the place of beginning of the land
hereinafter described; thence south 89 degrees, 45 minutes, 40 seconds
east parallel to the north line of said section, 637.54 feet to the
center line of Kendall Avenue; thence south 01 degrees, 00 minutes
east thereon, 100.02 feet; thence south 89 degrees, 45 minutes, 40
seconds east parallel to north line of said section, 695.44 feet to
the east line of the west 1/2 of the northwest 1/4 of said section;
thence south 00 degrees, 04 minutes, 09 seconds west along said east
line, 570.16 feet to the north line of the recorded plat of Westmoreland
Park Number 2; thence north 89 degrees, 44 minutes, 01 seconds west
along said north line, 519.64 feet to the east line of the recorded
plat of Westmoreland Park Number 1; thence north 01 degrees, 05 minutes,
12 seconds west along said east line, 164.40 feet to the northeast
corner of said plat; thence north 89 degrees, 41 minutes, 09 seconds
west along the northline of said plat, 164.92 feet to the center line
of Kendall Avenue; thence south 01 degrees, 00 minutes east thereon,
0.17 feet to the northeast corner of the recorded plat of Briarwood;
thence north 89 degrees, 41 minutes, 10 seconds west along the north
line of said plat and its extension westerly, 646.37 feet to the west
line of said section; thence north thereon, 604.67 feet to the place
of beginning. Reserving a right-of-way 66 feet wide, lying 33 feet
east and west of center line of Kendall Avenue for highway purposes.
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B.
No construction or other activity which could adversely
affect the well isolation will be permitted on or below the surface
of the ground within the confines of the sanitary isolation area enclosing
the Kendall Water Well Field, without prior approval of the Director
of Utilities for the City of Kalamazoo and the Director of the State
Health Department.
[Added 3-17-1980 by Ord. No. 1191]
A.
It is the intention of the City to protect and maintain
the sanitary isolation of the environment of the Maple Well Field
free from all sources of contamination which might result in harm
to the municipal wells located within this field, and which would
adversely affect the physical isolation of the wells, as required
by the Michigan State Health Department. The boundaries of the Maple
Water Well Field Sanitary Isolation Area, which is located entirely
within the City of Kalamazoo, State of Michigan, are described as
follows:
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Commencing in the center line of Maple Street,
1344.96 feet west of the center line of Westnedge Avenue; thence south
5.76 feet for the place of beginning; thence north 89 degrees, 55
minutes, 30 seconds east, 379.06 feet; thence south 06 degrees, 44
minutes, 20 seconds east, 386.92 feet; thence south 24 degrees, 16
minutes, 00 seconds east, 278.32 feet; thence south 89 degrees, 28
minutes, 27 seconds west, 324.76 feet; thence south 82 degrees, 33
minutes, 13 seconds west, 272.42 feet; thence south 89 degrees, 28
minutes, 27 seconds west, 225.15 feet; thence north 00 degrees, 57
minutes, 32 seconds west, 519.0 feet to a point 165.0 feet south of
the center line of Maple Street; thence east parallel to said center
line, 138.0 feet; thence north 00 degrees, 57 minutes, 23 seconds
west, 158.93 feet; thence north 89 degrees, 55 minutes, 30 seconds
east, 154.5 feet to the place of beginning.
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B.
No construction or other activity which could adversely
affect the well isolation will be permitted on or below the surface
of the ground within the confines of the sanitary isolation area enclosing
the Maple Water Well Field, without prior approval of the Director
of Utilities for the City of Kalamazoo and the Director of the Michigan
State Health Department.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075; 3-3-1980 by Ord. No. 1188; 4-12-1982 by Ord. No. 1255; 10-18-1982 by Ord. No. 1270; 10-3-1983 by Ord. No. 1292; 3-26-1984 by Ord. No.
1317; 1-28-1985 by Ord. No. 1340; 2-16-1987 by Ord. No. 1404; 12-31-1990 by Ord. No. 1506; 9-8-1992 by Ord. No. 1543; 3-28-1994 by Ord. No.
1572; 2-17-1997 by Ord. No. 1631; 1-20-1998 by Ord. No. 1646; 3-1-1999 by Ord. No. 1670; 1-28-2002 by Ord. No. 1730; 4-19-2004 by Ord. No.
1768; 2-21-2005 by Ord. No. 1782; 3-6-2006 by Ord. No. 1799; 7-2-2007 by Ord. No. 1830; 2-2-2009 by Ord. No. 1851; 1-19-2010 by Ord. No. 1865; 2-21-2011 by Ord. No. 1879; 2-6-2012 by Ord. No.
1889; 5-5-2014 by Ord. No. 1920; 12-19-2016 by Ord. No. 1944; 1-16-2018 by Ord. No. 1955; 2-4-2019 by Ord. No. 1979; 2-17-2020 by Ord. No. 2002; 2-15-2021 by Ord. No. 2023; 2-21-2022 by Ord. No. 2043; 9-19-2022 by Ord. No. 2053; 12-18-2023 by Ord. No. 2079]
A.
The charge for water service furnished by the City shall be the sum
of the service charge, dependent upon the size of the meter, plus
the commodity charge, dependent upon the amount of water used, and
the applicable customer class schedules as set forth below:
(1)
Schedule A (quarterly).
|
Service Charge
(per quarter)
| ||
|---|---|---|
|
Size of Meter
(inches)
|
City
|
Outside City
|
|
5/8 to 3/4
|
$56.56
|
$56.56
|
|
1
|
$75.95
|
$75.95
|
|
1 1/2
|
$95.34
|
$95.34
|
|
2
|
$148.64
|
$148.64
|
(2)
Schedule B (monthly).
|
Service Charge
(per month)
| ||
|---|---|---|
|
Size of Meter
(inches)
|
City
|
Outside City
|
|
5/8 to 3/4
|
$24.24
|
$24.24
|
|
1
|
$30.71
|
$30.71
|
|
1 1/2
|
$37.16
|
$37.16
|
|
2
|
$54.94
|
$54.94
|
|
3
|
$185.82
|
$185.82
|
|
4
|
$234.28
|
$234.28
|
|
6
|
$347.38
|
$347.38
|
|
8
|
$476.63
|
$476.63
|
(3)
Commodity charges, Rate Schedules A and B.
|
Rate Per Cubic Meter
(on all water used)
| ||
|---|---|---|
|
Customer Class
|
City
|
Outside City
|
|
Single-family
|
$0.934
|
$0.934
|
|
Multifamily
|
$0.687
|
$0.687
|
|
Commercial
|
$0.778
|
$0.778
|
(4)
Fire protection, Rate Schedule C (monthly).
|
Demand Charge
(monthly)
| ||
|---|---|---|
|
Size of Detector Check
(inches)
|
City
|
Outside City
|
|
4
|
$54.24
|
$54.24
|
|
6
|
$71.71
|
$71.71
|
|
8
|
$105.32
|
$105.32
|
|
10
|
$224.15
|
$224.15
|
|
Demand Charge
(quarterly)
| ||
|---|---|---|
|
Size of Detector Check
(inches)
|
City
|
Outside City
|
|
4
|
$99.37
|
$99.37
|
|
6
|
$151.79
|
$151.79
|
|
8
|
$252.61
|
$252.61
|
|
10
|
$609.07
|
$609.07
|
|
Commodity Charge
(per month)
| ||
|---|---|---|
|
Per Cubic Meter
|
City
|
Outside City
|
|
First 15 m3/mo.
|
$0.734
|
$0.734
|
|
Over 15 m3/mo.
|
$2.201
|
$2.201
|
Fire hydrants: $40 per year on each private fire hydrant
maintained in service inside the City.
Fire hydrants: $40 per year on each private fire hydrant maintained
in service outside the City.
(5)
Lawn sprinkling and seasonal use, Schedule D. Monthly and quarterly
service charges under this schedule are based upon meter size and
are the same as in Schedules A and B. Minimum annual service charges
are equal to four times the quarterly service charge.
|
Commodity Charge
Rate per cubic meter on all water used
| |
|---|---|
|
City
|
$1.518 per cubic meter
|
|
Outside City
|
$1.518 per cubic meter
|
(6)
Water service installation charges, Schedule E. New service line
installations shall be charged $6,000 (for street plus yard service),
and $3,000 (for partial service) for all service lines 1.25 inches
and smaller. Such amounts shall be payable in full to the City of
Kalamazoo prior to the scheduling of any work.
Other service line installation charges, including private services,
setting of meter pits, private well abandonment, plumbing and all
service line installation charges for service lines larger than 1.25
inches shall be charged in accordance with the engineer's estimate
for materials and installation charges in accordance with Appendix
D, Reimbursable Cost Schedule, of the Water Services Agreement.
(7)
System capacity buy-in fee, Schedule G. System capacity buy-in fees
shall be charged for each new connection to the public water supply
system designed to recapture the proportional share of additional
available capacity in the system. Charges shall be dependent upon
the size of the meter or the size of the detector check for fire service
applications. Such amounts shall be payable in full to the City of
Kalamazoo prior to the scheduling of any work.
|
Size of Meter
(inches)
|
System Capacity Buy-In Fee
|
|---|---|
|
1
|
$1,175
|
|
1 1/2
|
$2,350
|
|
2
|
$3,760
|
|
3
|
$8,225
|
|
4
|
$14,100
|
|
6
|
$31,725
|
|
8
|
$37,600
|
B.
The rates established by this ordinance amendment shall go into effect
for water bills rendered on or after January 1, 2024.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075; 3-3-1980 by Ord. No. 1188; 4-12-1982 by Ord. No. 1255; 10-18-1982 by Ord. No. 1270; 10-3-1983 by Ord. No. 1292]
A.
There shall be no free water service rendered by the
City to any customer.
B.
The schedules prescribed by § 38-32 shall apply as follows:
(1)
Schedule A shall apply to all small general users
and residential customers.
(2)
Schedule B shall apply to all customers large enough
to warrant monthly billing. The limits of this schedule shall be prescribed
by the Director of Public Services.
(3)
The classification of customers with respect to commodity
charges under Schedules A and B shall follow these criteria:
(a)
Residential: Primary use of property being served
is residential with less than four dwelling units, excepting master-metered
mobile home parks, which are included.
(b)
Multifamily residential: Primary use of property
is permanent or temporary residential with four or more dwelling units.
(c)
Commercial/industrial: Primary use of property
is for commercial/industrial, institutional, and miscellaneous purposes.
(d)
The limits of the above classifications shall
be prescribed by the Director of Public Services and shall consider
water use, demand characteristics, and the primary use of the property.
When the classification is in doubt or unclear, the consumer shall
be assigned the classification with the highest commodity rate.
(4)
Schedule C shall apply to all services providing water
to fire protection sprinkler systems.
(5)
Schedule D shall apply to all customers who have predominant uses, such as irrigation, lawn sprinkling, and air conditioning, which are seasonal in character and demand. The billing at the end of the season shall be adjusted to reflect the minimum annual service charge as noted in § 38-32A(5).
(6)
The utility's application of the various rate schedules
and customer classifications as provided under this section may be
appealed by a customer to the Public Services Director. A change in
classification shall be made only upon receiving sufficient and appropriate
evidence from the customer which established consumption characteristics
and primary use of the property as being inconsistent with the current
classification. The utility may change a customer classification or
rate schedule upon written notification to the customer. Any reclassification
shall be prospective only and not retroactive.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075]
The minimum charge for water service, covering periods during which no water has been used, shall be the service charge for the total billing period as prescribed by § 38-32. Minimum charges shall apply whenever water service is turned on and available to the customer and shall be discontinued only after the water has been turned off by the City.
[1]
Editor's Note: Former § 38-35, relative
to charges when a meter serves more than one residence, etc., as derived
from P.S. Code, § PS403-112 and Ord. No. 1075, adopted 12-29-1975,
was repealed 4-12-1982 by Ord. No. 1255.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075; 4-12-1982 by Ord. No. 1255]
Customers located outside the corporate limits
of the City of Kalamazoo shall be charged the rates identified as
"Outside City" in the various schedules established by this chapter.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075]
Each separate meter installation shall be considered,
for purposes of the rate schedules set forth in this article, a separate
customer account. A meter installation may be one meter or several
meters, set in parallel, of the same size, from the same service connection,
and covered by the same rate schedule. For such meters set in parallel,
the registration shall be added together, and this total registration
shall be considered as the total commodity used by that account, and
applied to the appropriate rate schedule accordingly.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075; 3-22-1976 by Ord. No. 1082; 3-1-1999 by Ord. No. 1669]
All charges set forth in this article shall
become due and payable on or before the due date, as indicated on
each bill. Payments made after such date shall include an additional
5% of the net amount due on the due date.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No.
1075; 3-22-1976 by Ord. No. 1082; 3-3-1980 by Ord. No. 1188; 11-1-1982 by Ord. No. 1272]
A.
The charges for water service are hereby recognized to constitute a lien on the premises receiving such service. This lien shall become effective immediately upon providing water service to the premises, but shall be not enforceable for more than three years after it becomes effective. Whenever any such charge against any property shall be delinquent for three months, the City officials in charge of the collection thereof may certify to the tax assessing officer of the City the fact of such delinquency, whereupon such charge shall be entered upon the next roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced. Nothing in this section, however, shall be deemed to prevent the City from suing in a court of law to collect the amount due it for water service charges as provided in Subsection C below. In addition to the other remedies provided in this section, the City shall have the right to shut off and discontinue the supply of water service to any premises for the nonpayment of water service charges when due in accordance with the procedure established in Subsection B below.
B.
If a charge for water service prescribed by this article
is not paid within 30 days after the billing therefor, and after the
customer has been given notice and an opportunity to be heard as provided
by law, all water service may be shut off and discontinued to the
customer owing or liable for such charge. Water service shutoff pursuant
to this section shall not be restored until all sums due and owing
have been paid in full, including a collection fee of $60 and appropriate
security deposits, as prescribed by resolution of the City Commission.
[Amended 1-13-2014 by Ord. No. 1914]
C.
At its option the City may, in addition to the remedies
above, in its corporate name, bring suit in any court of competent
jurisdiction for the collection of any water service charge which,
30 days after the billing therefor, has not paid. The production of
the meter record or cost record shall be prima facie evidence of the
liability to pay the amount therein shown to be due.
[Amended 6-29-1992 by Ord. No. 1537]
Where a loss of service occurs under specific
circumstances from underground water line leakage, an adjustment for
that loss may be applicable as determined by the Director of Public
Utilities in accordance with the leak adjustment policy which may
be adopted and amended from time to time by resolution of the City
Commission.
