Loading...
8-1-4: APPLICATIONS FOR CONNECTION, SERVICE:
   A.   Connection: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the culinary system, shall file with the Water Department for each such connection, a written and signed connection application in such form as is approved by the Town Council and on file in the Town office.
   B.   Subdivider Or Group Outside Town Limits: Whenever a subdivider, developer or other group outside the Town limits desires or is required to install water connections and extensions for a subdivision or development, the subdivider, developer or group shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required, all of which shall be fixed by the Town and paid by the applicant. (Res. 12/94, 12-10-1994, eff. 6-1-1995; amd. 2001 Code)
   C.   Service: Any person who desires or is required to secure water services when such service is available from the Town water system, shall file with the Water Department a written application and agreement for the service which shall be in such form as is approved by the Town Council and on file in the Town office.
   D.   Nonowner Applicant; Agreement Of Owner: Applications for water service made by the tenant of any owner must, in addition to the above requirements, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in such form as is approved by the Town Council and on file in the Town office.
   E.   Nonresident Applicant: An application for a connection outside the corporate limits of the Town shall be required in such form as is approved by the Town Council and on file in the Town office. (Ord. 1992-1, 11-7-1992; amd. 2001 Code)
8-1-5: FEES:
   A.   Established: The rates, penalty fee for delinquency in payment, connection fee, inspection fee, reconnection fees, and other charges incidental to the connection and services from the Town's culinary water system, shall be fixed from time to time by the Town Council. The Town Council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for culinary water services and all other rules necessary for the management and control of the system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. Rates may be established at different levels for premises outside the corporate boundaries of the Town.
   B.   Schedule: Until further resolution or order or by any enacted legislation as provided in subsection A of this section, the schedule of connection and user fees shall be as follows: (Ord. 1992-1, 11-7-1992)
      1.   Connection Fees:
         a.   Connection Fees Inside Town Limits:
            (1)   For three-fourths inch (3/4") service (residential), one thousand eight hundred dollars ($1,500.00).
            (2)   For one inch (1") service, two thousand dollars ($1,800.00).
            (3)   For two inch (2") service, five thousand one hundred dollars ($2,200.00).
         b.   Connection Fees Outside Town Limits: All dimensions, sizes and capacities; to be fixed when and if application therefor is approved by the Town Council. (Res. 2012-03, 6-11-2012; amd. Res. 2022-10, 9-21-2022)
      2.   User Fees:
         a.   Residential User Fees Inside Town Limits:
            (1)   Minimum monthly fee per month for active as well as inactive connections shall be an amount as set by town council.
The minimum monthly charge shall entitle the user to an amount of culinary water per month as set by town council. The minimum charge shall be applicable to seasonal, temporary, inactive, as well as active connections to the system for both residential and commercial and may be regarded as a "demand" charge based upon capital investment to make service available at each point of connection and therefor peremptorily assessed although no water may be utilized at the premises in any given month.
            (2)   Charges for uses exceeding the amount of culinary water per month as set by town council shall be an amount as set by town council.
         b.   Other Than Residential User Fees Inside Town:
            (1)   Minimum monthly fee per month for active as well as inactive connections shall be an amount as set by town council.
The minimum monthly charge shall entitle the user to an amount of culinary water per month as set by town council. The minimum charge shall be applicable to seasonal, temporary, inactive, as well as active, connections to the system for both residential and commercial and may be regarded as a "demand" charge based upon capital investment to make service available at each point of connection and therefor peremptorily assessed although no water may be utilized at the premises in any given month.
            (2)   Charges for uses exceeding the amount of culinary water per month as set by town council shall be an amount as set by town council. (Ord. 1992-1, 11-7-1992; amd. Res. 2004-01, 9-8-2004)
         c.   Usage Fees Outside Town Limits: Charges for usage outside the corporate limits of the town not only as to the minimum, but also as to all overages, shall be fixed from time to time by resolution or agreement as deemed proper under the circumstances. (Ord. 1992-1, 11-7-1992)
         d.   Deposits: A deposit will be collected by the town at the time that property changes ownership. At the time of termination of ownership of a property that a deposit has been made on, the deposit will be reimbursed as long as there is no balance due amount. Otherwise, the balance due amount will be deduced from the deposit amount.
            (1)   Deposits on residential properties, two hundred fifty dollars ($250.00);
            (2)   Deposits on business properties, one thousand dollars ($1,000.00). (Res. 2/97, 2-8-1997, eff. 3-1-1997)
            (3)   The town will accept a credit letter in lieu of a deposit for businesses and/or residents. This will be on a case by case basis which must be approved by the town council. (Res. 5/98, 7-9-1998, eff. 7-9-1998)
   C.   Special Rates: The town council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the system under exceptional circumstances, upon such terms and conditions as they may deem proper.
   D.   Disposition Of Funds: All connection fees and monthly user charges collected under the provisions of this chapter shall be deposited in the town's water system fund and used to meet the operation and maintenance cost of the system; debt service on obligations appertaining to the construction associated with the completion of the system; and such other allocations as town council may by resolution provide. (Ord. 1992-1, 11-7-1992)
8-1-6: STATEMENT OF CHARGES; DELINQUENCY:
   A.   Statement: The town clerk or superintendent shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular intervals as the town council shall direct.
   B.   Notice Of Intent To Discontinue: The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within thirty (30) days from the date due, the clerk or superintendent shall give the consumer notice in writing of intention to discontinue the service to the consumer unless the consumer pays the bill in full within five (5) days from the date of notice. (Ord. 1992-1, 11-7-1992)
   C.   Discontinuance Of Service: If the culinary water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the town treasurer or arrangements made for their payment in a manner satisfactory to the town. In the event water is turned off for nonpayment of water charges then before the water service to the premises shall again be provided, the consumer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on or off as the town council may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge, in such amount as established by resolution of the town council, for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent consumer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The town clerk is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the town. (Ord. 1992-1, 11-7-1992; amd. 2001 Code)
   D.   Delinquencies:
      1.   Delinquencies associated with the payment of the initial hookup fee shall bear interest at the rate of one and five- tenths percent (1.5%) per month on the unpaid amount, and the town may commence, at its option, an action against the delinquent property owner of record at any time to recover the amount due plus court costs. In the event the owner of any of the premises, or the tenant or occupant of the premises, shall fail to pay any fee or charge, the town may cause the water to be shut off from such premises, and the town shall not be required to turn the same on again until all arrearages for water furnished shall be paid in full. Nothing in this section shall be deemed to require the town to connect any premises until the full connection fee and any security deposit imposed are both and all paid in full.
      2.   Delinquency in the payment of monthly user fees shall bear interest at the rate of one and five-tenths percent (1.5%) per month against the amount thirty (30) days past due, and delinquencies following notice of intent to discontinue service shall result in the termination of all culinary water service until the delinquent amount, plus interest accrued, shall be paid to the town. (Ord. 1992-1, 11-7-1992)
8-1-7: USE WITHOUT PAYMENT PROHIBITED:
It shall be unlawful for any person by himself, family, servants or agents to utilize the culinary water system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the system of culinary water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water system or to cast anything into any reservoir or facilities appurtenant or contributing to the culinary water system. It shall be a criminal offense in any way to pollute any water source, watershed, drainage area, or any part of or contributing to the culinary water system. (Ord. 1992-1, 11-7-1992)
8-1-8: USE WITHOUT AUTHORITY; RESTRICTIONS:
   A.   Turning On Water After Being Turned Off Prohibited: It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of culinary water charges or other violations of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or to allow the water to be turned on or used without authority from the superintendent or town clerk.
   B.   Separate Connections: It shall be unlawful for two (2) or more families or service users to be supplied from the same service pipe, connection, water outlet or discharge unless special permission for such combination usage has been granted by the town council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of the supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the town for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the town to require separate pipes or connections at a subsequent time.
   C.   Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water service regularly from his premises or water facilities, either outside or inside his premises.
   D.   Unauthorized Connection: No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him. (Ord. 1992-1, 11-7-1992)
8-1-9: PIPE REQUIREMENTS:
   A.   Good Repair: All users of water service shall keep their service pipes, connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the superintendent, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
   B.   Quality Of Service Pipe: All service and other pipe used in conjunction with the water services of the town shall be of such material, quality and specifications as the town council may, from time to time by resolution, provide and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the water superintendent and no connections with any water mains shall be made without first obtaining a permit therefor from the town clerk. (Ord. 1992-1, 11-7-1992)
8-1-10: INSTALLATION PERMIT REQUIRED:
It shall be unlawful for any person to lay, repair, alter or connect any water line to the town culinary water system without first having obtained a construction permit from the town clerk, or from the superintendent. (Ord. 1992-1, 11-7-1992; amd. 2001 Code)
Loading...