(a) All commercial and industrial water customers of the Village of Cadiz shall have their water meters inspected and properly calibrated every two years to insure they are in working order. Said inspection and calibration can be conducted by the Village at the customers cost or the customer shall also have the option of having a private company inspect the same and filing a certificate of inspection and calibration with the Village Clerk.
(b) The Village Administrator and the Water Superintendent shall create a inspection schedule for all industrial and commercial users within the Village of Cadiz.
(Ord. 2019-17. Passed 6-6-19.)
Village of Cadiz
Tap-in Fee Schedule for Customers Outside the
Corporate Limits of the Village of Cadiz
Standard Fee | With Preconstruction Incentive | |
(a) ½" or 3/4" meters for residential tap-ins | $700.00 | $400.00 |
(b) Fees for larger tap-ins are: | ||
1" and 2" tap-ins: Fee does not include the cost of the meter. | $1,000.00 | $700.00 |
Tap-ins larger than 2": Fee does not include the cost of the meter or materials | $500.00 | $200.00 |
For nonresidential ½" or 3/4" meters the fee is the same as for residential tap-ins, item (a) above.
For all tap-ins larger the 3/4", the user shall be charged for the meter (and for materials for tap-ins larger than 2") at the cost to the Village, said charges being payable under the same terms as the tap-in fee.
Payment Terms: Upon execution of the Water Users Agreement, the customer shall pay twenty-five percent (25%) of the tap fee. The remaining seventy-five percent (75%) shall be paid at the time the meter is installed and water is turned on, or within 3 months, whichever occurs first.
WATER USERS AGREEMENT
This agreement entered into between the Village of Cadiz, a public body, hereinafter called the “Village”, and , hereinafter called “Customer”. For purposes of this ordinance, Customers shall be defined as the person or persons owning the property for which water service is to be provided, said property being outside the corporate limits of the Village of Cadiz.
WITNESSETH
Whereas, the Village is owner and operator of a water utility which is organized pursuant to the Ordinances of the Village of Cadiz,
Whereas, the Customer desires to purchase water from the Village and to enter into a water users agreement as required by the Bylaws and/or Rules and Regulations of the Village.
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, it is hereby understood and agreed by the parties hereto as follows:
The Village shall furnish, subject to the limitation set out in its Bylaws and/or Rules and Regulations now in force or as hereafter amended, such quantity of potable water as Customer may desire in connection with Customer’s occupancy of the following described property:
Lot No. Page No. Deed Book No. and further described as containing acres, fronting on (route or highway no.)
or (address) .
The Customer agrees to grant to the Village, its successors and assigns, a perpetual Right- of-Way Easement (Form FmHA 442-20 or equivalent) in, over, under and upon the above- described land, with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove water pipelines and appurtenant facilities, together with the right to utilize adjoining lands belonging to the Customer for the purpose of ingress to and egress from the above-described lands.
The Customer shall install and maintain at the Customer’s expense a service line which shall begin at the curb stop and extend to the place of use. The service line shall connect with the distribution system of the Village at the nearest place of desired use by the Customer, provided the Village has determined in advance that the system has sufficient capacity to permit delivery of water at that point.
The Customer agrees to comply with and be bound by the Articles, Bylaws and/or Rules and Regulations of the Village, now in force, or as hereafter duly and legally supplemented, amended to changed. The Customer also agrees to pay for water at such rates, time and place as shall be determined by the Village, and agrees to the imposition of such penalties for noncompliance as are now set out in the Village’s Bylaws and/or Rules and Regulations, or which may be hereafter adopted and imposed by the Village.
The Customer agrees to pay to the Village a nonrefundable (except as noted on the next page) tap fee in the amount of $ * for residential taps. Fees and payment for larger taps and nonresidential taps shall follow the Tap-in Fee Schedule for Customers Outside the Corporate Limits of the Village of Cadiz prescribed by the Village.
* Certain restrictions apply, see Tap-in Fee Schedule for Customers Outside the Corporate Limits of the Village of Cadiz.
In the event that water service cannot be made available to the Customer by the Village for reasonable cause, the Village shall have the right to terminate this agreement by delivering written notice to the Customer. Any portion of a tap fee paid by the Customer shall be refunded.
The Village shall purchase and install a cutoff valve and may also include a water meter in each service. The Village shall have exclusive right to use such cutoff valve and water meter which remain the property of the Village.
The Village shall have final authority in any question of location of any service line connection to its distribution system; shall determine the allocation of water to Customers in the event of a water shortage; and shall shut off water to a Customer who allows a connection or extension o be made of the Customer’s service line for the purpose of supplying water to another property, if such connection is made without prior approval of the Village. In the event the total water supply shall be insufficient to meet all of the needs of the Customers, or in the event there is an anticipated shortage of water, the Village may prorate the water available among the various customers on such basis as is deemed equitable by the governing board, and may also prescribe a schedule of hours covering use of water for all nonessential purpose by particular Customers and require adherence thereto to prohibit the use of water for all nonessential purposes; provided that if at any time the total water supply shall be insufficient to met all of the needs of all of the Customers, the Village must first satisfy all of the needs of all of the Customers for essential domestic purposes before supplying any water for nonessential purposes, to wit; for livestock purposes and for garden purposes (all livestock purposes must be met before garden purposes).
The Customer agrees that no other present or future source of water will be connected to any waterlines served by the Village’s waterlines and will disconnect from the present water supply prior to connecting to and switching to the Village’s system and shall eliminate their present or future cross-connections in the Customer’s system.
The Customer shall connect the service lines to the Village’s distribution system and shall commence to use water from the system on the date the water is made available to the Customer by the Village. Water charges to the Customer shall commence on the date service is turned on, regardless of amount of water used.
In the event the Customer shall breach this contract by refusing or failing to connect a service line to the Village’s distribution system as set forth above, the Customer agrees to pay the Village a lump sum of one thousand dollars ($1,000) as liquidated damages. It is expressly understood and agreed by the parties hereto that the said amount is agreed upon as liquidated damages in that a breach by the Customer in either of the respects set forth above would be difficult, if not impossible, to prove the amount of such damages. The parties hereto have computed, estimated and agreed upon said sum in an attempt to make a reasonable forecast of probable actual loss because of the difficulty of estimating with exactness the resulting damages.
The failure to a Customer to pay water charges duly imposed shall result in the automatic imposition of the following penalties:
1. Nonpayment by the close of business of the due date will be subject to a penalty of ten percent of the delinquent account.
2. Nonpayment within ten (10) working days from the due date will result in the water being shut off from the Customer’s property.
3. In the event it becomes necessary for the Village to shut off the water from a Customer’s property, a fee set by the corporation in its rate schedule will be charged for a reconnection of the service.
IN WITNESS WHEREOF, we have executed this agreement this day of
, 20 .
SEAL Village of Cadiz
Witness as to Village: By:
Authorized Official
Witness as to Customer:
Customer
Customer
VILLAGE OF CADIZ
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of One Dollar ($1.00) and other good and valuable consideration paid to
and hereinafter referred to as GRANTOR, by the Village of Cadiz, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant, bargain, sell, transfer and convey unto the GRANTEE, its successors and assigns, a perpetual easement and right-of-way for the right to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove single or multiple water pipelines and appurtenant facilities, over, across, and through the land of the GRANTOR situated in Harrison County, State of Ohio, said land being described as follows:
together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, together with all rights necessary and appurtenant thereto for the purpose of this easement.
Easement shall be twenty-five (25) feet in width, the center line of which is described as follows:
The consideration hereinabove recited shall constitute payment in full for any damages to the land of the GRANTOR, his successors and assigns, by reason of the installation, operation and maintenance of the structures or improvements referred to herein. The GRANTEE agrees to restore the surface disturbed during the installation, or removal of said pipelines and appurtenant facilities to the approximate former contour.
IN WITNESS WHEREOF, the GRANTORS have executed this instrument this
day of 20 .
Signed, Sealed and Acknowledged in the Presence of:
(Seal)
(Witness) (Grantor)
(Seal)
(Witness) (Grantor)
STATE OF OHIO ACKNOWLEDGMENT
COUNTY OF
Before me, a Notary Public, in and for said County, personally appeared the above named
and who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed.
In testimony whereof, I have hereunto subscribed my name at ,
Ohio, this day of , 20 .
Notary Public
(Seal)
My Commission expires .
CODIFIED ORDINANCES OF CADIZ