1040.01 Purposes.
1040.02 Authority.
1040.03 Definitions.
1040.04 Findings.
1040.05 Establishment of Municipal Water Supply System.
1040.06 Water connections.
1040.07 Water mains and service lines.
1040.08 Turning water service on or off.
1040.09 Water meters.
1040.10 Rates and charges.
1040.11 Water emergency.
1040.12 Additional regulations.
1040.13 Hydrant use.
1040.14 Funding of water supply-system improvements.
1040.15 Injury to facilities.
1040.16 MISS DIG system.
1040.17 Cross-connection prevention.
1040.18 Mandatory connection, exception; new private wells, prohibition, continuation, abandonment.
1040.19 Geothermal heat systems.
1040.20 Repealer; continuation of prior bond authorizing ordinances.
1040.21 Water well restrictions.
1040.99 Penalty.
CROSS REFERENCES
Water quality - see Mich. Const. Art. 4, §§ 22.52; M.C.L.A. §§ 67.38, 323.1 et seq.
Water supply generally - see Mich. Const. Art 7. § 24; M.C.L.A. §§ 46.171 et seq., 123.11 et seq., 325.201 et seq., 486.51 et seq., 486.101 et seq.
Water supply in home rule cities - see M.C.L.A. §§ 117.4b, 117.4e, 117.4f, 117.35, 123.115
(a) This chapter sets forth the uniform requirements for users of the Municipal Water Supply System for the City of Ionia and enables the City of Ionia to comply with applicable State and Federal laws regulating provision of a potable water supply system.
(b) The purpose of this chapter is to consolidate, restate, and amend all prior ordinances adopted by the City of Ionia for the purpose of establishing a water supply system in the City, regulating the use of the water supply system, financing the costs of improvements, enlargements, extensions, and replacements of the water supply system, and setting the standards and rules relating to rates and charges to users of the water supply system.
(Ord. Unno. Passed 9-7-99.)
By establishing and regulating the water supply system, the City is exercising the authority granted to the City by Act 94 of the Public Acts of 1933, as amended; Act 279 of the Public Acts of 1909, as amended; and Article 7, § 21 of the Michigan Constitution of 1963.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
As used in this chapter:
(a) "City Manager" shall mean the City Manager for the City of Ionia, or his or her designee.
(b) “Commodity Charge” is the cost associated with providing water to the users. The Commodity Charge is the actual budget cost of the operation, maintenance and repair divided by the estimated number of gallons to be produced for delivery to the users. The Commodity Charge may also include all or a portion of the annual debt service expense incurred by the Water Supply System.
(c) "Department" shall mean the Public Utilities Department for the City.
(d) "Director" shall refer to the Director of Public Utilities for the City of Ionia, or his or her designee.
(e) “Facilities Maintenance Charge” is the name given to the costs associated with retiring all or a portion of the debt of the water supply system.
(f) “Person” shall mean any individual, firm, association, public or private corporation or public agency or instrumentality.
(g) “Premises” shall mean each lot or parcel of land, building or unit connected to the Water Supply System of the City.
(h) “REU” means Residential Equivalent Unit and is equal to 22,000 gallons of metered water usage per quarter. An REU is the average use of a residence as established by recognized State and Federal standards.
(i) “Treasurer” shall mean the Treasurer for the City of Ionia or his or her designee.
(j) “User” shall mean any person who receives water from or benefits from the Water Supply System.
(k) “Water service lines” shall mean that part of the water distribution system connecting the water main with the premises served.
(l) "Water main" shall mean that part of the water distribution system located within easement lines or streets designed to supply more than one water service line.
(m) “Water Supply System” shall mean the complete Water Supply System of the City, including all water mains, connections, pipes, meters, hydrants, wells, well houses, pumps, water storage facilities, transmission lines, water service lines and all water treatment facilities, plants, works, instrumentalities and properties used or useful in obtaining a water supply, treating and distributing the same for domestic, commercial, industrial, institutional and/or fire protection purposes, and all other appurtenances thereto, including all easements, rights and land for such easements, and including all extensions and improvements thereto which may be acquired or constructed on behalf of current and future users of the Water Supply System.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
(a) History. Prior to 1956, the City established a water supply system by resolution, and thereafter adopted Ordinance Numbers 148, 153, 270, 271, 280, 331 and 378 for the purpose of regulating the water supply system, establishing rates and charges for use of the water supply system, and enabling the acquisition, construction, and installation of enhancements, and improvements to the water supply system.
(b) Necessity. The City has previously found, and currently reaffirms, that the businesses, industries, governmental and charitable agencies and residents located in the City need to have potable and otherwise usable water.
(c) Availability of Potable Water. The City further has previously found, and currently reaffirms, that the supply of potable water available from private wells within the City is insufficient to assure that all businesses, industries, governmental and charitable agencies, and residents will have sufficient potable water available for their use and other water necessary for industrial and fire prevention and control unless the City offers water to all properties located within the City.
(d) Method of Measuring Use of the Water Supply System. Based on the advice of its engineers, the City has previously found, and currently reaffirms, that the most precise method of measuring for use of the water supply system by any user is by a meter or meters installed and controlled by the City.
(e) Continuation of Service. The City has previously found and further reaffirms that in order to provide and continue to provide clean potable and other usable water to all users of the water supply system, in quantities necessary for all varieties of use, it is necessary from time to time to install improvements, enlargements, and extensions and repairs to the system.
(f) Purpose of Rates and Charges. The City has previously found and further currently reaffirms that the fairest and most reasonable method of providing for the operation, maintenance, repair, replacement and improvement of the water supply system, is to charge each user, based in all cases on amount of use, for (1) the cost of retiring debt secured by the net revenues of the system issued to pay for improvements and replacements to the Water System Production Plant; (2) the costs of ongoing repair, replacement and improvement paid for from the Replacement Fund and Improvement Fund and budgeted as part of the annual costs of the Water System Production Plant; and (3) operation, administration and maintenance costs paid for from the Operating Fund.
(g) Proportionality of Classifications of Users According to Residential Equivalent Units Based on Historic Consumption. The City has previously found and further currently reaffirms that, based on the advice of its engineers, the fairest method of charging its users proportionately for payment of the costs of improvements to and replacements of the Water System Production Plant is to impose a flat charge, based on Residential Equivalent Units (22,000 gallons of metered water per quarter), calculated annually on the basis of amount of use in the previous year, to classes of users divided according to annual quantity of use.
(Ord. Unno. Passed 9-7-99.)
Based on the above findings and for the purposes set forth above, the City has previously established and hereby re-establishes the Municipal Water Supply System, hereinafter referred to as the Water Supply System or the System, consisting of all of the water mains, pumping and storage facilities, pressure systems, wells, and all other appurtenances to the water treatment and distribution system.
(Ord. Unno. Passed 9-7-99.)
Applications for water connections shall be made to the City on forms prescribed and furnished by the City. Water connections and water meters shall be installed in accordance with rules and regulations of the City and upon payment of the required connection fee and meter installation fee. All meters shall be installed by and be the property of the City. Connection fees shall not be less than the cost of materials, installation and overhead attributable to such installations. Every user connected to the City’s Water Supply System, whether such user is located inside or outside of the City, shall be subject to the ordinances, rules and regulations of the City which shall be available for inspection at the City Clerk’s office.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
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