(A) There are hereby established rates and charges for the use of and for the service supplied by the Municipal Water System of the city, based upon the meter readings of the amount of water consumed whether by use, waste or loss by leakage as follows:
(1) Rates inside the city limits. The base rate for the first 1,000 gallons of water shall be $11.83 per thousand, commencing on the first month after the effective date of this section. The base rate for every 1,000 gallons of water used thereafter shall be $6.83 per thousand. The effective base rate, both for the first 1,000 gallons of water used and for each 1,000 thereafter, shall increase 3%, rounded up to the nearest cent, on the first day of July each calendar year. There shall be a minimum monthly charge for usage of 2,000 gallons of water. In addition to the foregoing, there shall be a $5 increase to the base rate for the first 1,000 gallons of water used as of the 1st day of September, 2017, with a like increase on the 1st day of September, 2018.
(Ord. 15-87, passed 4-28-87; Am. Ord. 44-1996, passed 9-10-96; Am. Ord. 45-2000, passed 12-12-00; Am. Ord. 28-2002, passed 5-28-02; Am. Ord. 43-2002, passed 7-23-02; Am. Ord. 21-2004, passed 4-27-04; Am. Ord. 47-2010, passed 11-23-10; Am. Ord. 46-2016, passed 9-13-16)
(2) Rates outside the city limits. City of Logan water and sewer customers outside the corporate limits of the city will be charged a 25% surcharge on usage, capacity, connection, and inspection fees. (Ord. 19-2016, passed 5-10-16; Am. Ord. 21-2021, passed 5-11-21)
(a) No contracts for the furnishing of municipal water service to persons or firms outside the corporation limits shall be entered into by the city without express ordinance from City Council.
(b) Contracts for water service outside the corporation limits shall be for a term not to extend beyond December 31 of the fourth calendar year following the calendar year in which the contracts are entered into. On or before December 31 of the fourthcalendar year following the calendar year in which the contracts are entered into, all contracts entered into in accordance with this section shall be reviewed by Council, at which time Council may renew said contracts for such period of time as they deem appropriate or decline to renew said contracts. In the event Council decides not to renew a water user contract it shall give said user 180 days notice of such action in order to enable said user to acquire another water supply.
(c) Contracts for water service outside the corporation limits shall provide that if and when such purchasers become part of the city, such rate of service shall then be the same as for other inhabitants of the city.
(d) Contracts for water service outside the corporation limits shall further provide as a part of the contract, and as an inducement for the city to enter into the contract, a provision that the user shall agree to sign a voluntary petition for annexation of their property to the city, at any and all times as may be requested by the city while the contract is in effect. In the event there is no written contract for water service between the city and the user then the use of said water by said user and payment therefor shall operate as the agreement and this section shall have the same effect as though there were a written agreement. In the event the user fails or refuses to sign said annexation petition upon request, then the city shall have the right to discontinue water service to said user upon 30 days notice.
(B) Bills. The rates and charges as herein established shall be sent monthly and be payable to the city on or before the fifteenth of the month in which the bill was sent. If any charge for the services of the system shall not be paid by the fifteenth day of the month in which it shall become due and payable, a delayed payment charge of ten percent (10%) of the amount of the bill shall be added thereto and collected therewith. The city may terminate water service in accordance with its Utility Service Termination Policy for any unpaid water service charges more than 30 days delinquent. The failure to receive a bill shall not relieve the consumer or customer of the responsibility for payment.
(C) Special charges. The following charges shall be paid for the specified special services furnished by the Water Department:
(1) Reads of meters are collected through the Meter Software System (Analytics).
(2) Service charge for trip to discontinue or attempt to discontinue water service due to non-payment of account arrearages - $75.00.
(3) Service charge of $50.00 plus cost of labor and equipment to relocate, disconnect or reconnect metering system at the request of the customer, with an exception where the service line is being capped and abandoned.
(4) Service charge to turn on or off service at curb box or meter pit at the request of the customer:
(a) During regular working hours - $25.00;
(b) After regular working hours - $150.00, except for an emergency situation at the discretion of the Service Director.
(5) Ownership of meters.
(a) City of Logan shall supply and retain ownership of all meters used on the city water system and may replace any existing meter that the city deems necessary.
(b) Broken or damaged meters and/or meter pits will be repaired by the city. However, the cost of such repairs shall be charged to the owner of the property where the meter is located, with an exception of ordinary wear on the meter as determined by the city.
(c) During regular working hours - $25.00, plus equipment cost.
(d) After regular working hours - $100.00, plus equipment cost.
(e) For a first-time occurrence if deemed accidental by the Water Department - $25.00, plus one-half of the cost of equipment, and instruction will be given on the care of the meter and/or meter pit.
(6) Service charge as a result of fraud or illegal diversion of water, including unauthorized turn on or other violation of the rules and regulations of the Service Director (plus estimated quantity of water used) - $150.00, plus cost of labor and equipment.
(7) Meter testing.
(a) Meters may be tested at the discretion of the city or the customer.
(b) Should any City of Logan customer with a one inch meter or smaller request that his/her meter be tested for accuracy, such test will be completed by the city and require a written request accompanied by a $50.00 deposit. If the customer's meter tests accurate by the same American Water Works Association (AWWA) standards, then the meter will be reinstalled. If the meter tested for accuracy does not meet AWWA water meter accuracy standards, then there will be no charge to the customer, the deposit will be refunded, and the city will replace the meter. Where meter is larger than one inch in diameter and the customer disputes the accuracy of the meter, the test will be the customer's responsibility. Customer shall have a certified meter testing company approved by the city test the meter. If the meter so tested for accuracy does not meet AWWA water meter accuracy standards, then the city will replace the meter.
(8) Returned check or ACH (automated clearing house) processing charge - $25.00.
(9) Adjustments of bill. Claims for allowances because of errors in meter readings, faulty registration of meters, and clerical errors will be allowed upon proper evidence, and the bill adjusted accordingly by the Service Director.
(10) Water leak adjustments.
(a) If a customer experiences a water leak from a broken water pipe that results in a dramatic increase in the customer's bill, the city may consider an adjustment based upon such a request by the customer. A leak adjustment application form shall be obtained at the city Water Department in the municipal building. Proof of the leak is required, such as a plumber's statement, inspection by a city official and/or other necessary documentation to substantiate the problem. The highest consumption in the period the leak occurred will be used as consideration for an adjustment, provided the customer takes immediate action to correct the problem. No more than two consecutive billing periods will be used for adjustment calculations. Leaking plumbing fixtures and/or the carelessness of leaving water running through a spigot or valve are not considered grounds for an adjustment.
(b) Upon satisfactory proof of the leak, the city may adjust the customer's bill as follows:
1. The sewer portion shall be reduced to the monthly average of the prior three sewer bills.
2. The water portion usually will not be waived because the city has to pay for all water in the system. Should unusual circumstances or a hardship be proven, the city may reduce the water bill to the average of the previous usage, then all water usage above this monthly average of the prior three water bills shall be paid for at the city's wholesale cost.
(c) All water that passes through a meter is the financial responsibility of the customer. A water leak adjustment is not a customer's right, but simply a method whereby the city recognizes that broken lines and emergencies may be beyond the customer's control and can cause an undue hardship. This policy is to assist the customer during this hardship. All decisions for adjustments are strictly at the city's discretion and must be considered final.
(D) Unpaid charges a lien - owner liable.
(1) Each water charge charged under or pursuant to Title 5, Logan City Code, is made a lien upon the corresponding lot, parcel of land, building or premises served by a connection to the water system of the city, and if the same is not paid within 60 days after it becomes due and payable, it shall be certified to the auditor of Hocking County, Ohio, who shall place the certified amount on the real property tax list and duplicate of the property served by the connection. A penalty charge of 10% on the amount that is due and payable shall be added to the certified amount, plus an administrative charge for handling of $50.00. The total certified amount shall be collected as other taxes are collected. The city shall provide the owner of property with written notice of the impending certification at least thirty (30) days prior to the certification. For any procedure not specified in this section, refer to R.C. § 743.04.
(2) The city may also collect unpaid water charges by actions at law, from an owner, tenant, or other person who is liable to pay the charges.
(3) The owners of real estate premises installing or maintaining water service shall be liable for all water charges incurred for service at said premises.
(4) The division will directly bill a tenant for water and sewer service if the property owner, or authorized agent of the property owner, along with the tenant, sign a written agreement authorizing direct billing of the tenant. Once a written agreement is signed, the division will simultaneously mail, to both the owner and the tenant, copies of any bills and notices concerning delinquent water and sewer charges. This requirement shall affect contracts made on or after the effective date of this division (D)(4).
(5) Direct billing of a tenant shall be in no way construed as to relieve the owner of the real estate premises of liability for water and sewer service charges. No direct billing of a tenant will be allowed where all delinquent water and sewer charges are not paid in full up until the date the direct billing agreement is accepted by the city, or where water or sewer service has been terminated for real estate premises.
(6) The owner of real estate premises by installing or maintaining water service from the city is deemed to assent to all rules and regulations of the division of water and ordinances of the city pertaining to water service and distribution.
(E) Hauling water. The city may sell water to private individuals for hauling water to private sources at a rate set by the Director of Public Service and Safety for each 1,000 gallons or part thereof, however, arrangements must be made with the Water Superintendent to pick up water at a given time and place. The Director of Public Service and Safety may refuse the sale of such water at any time and for any reason.
(Ord. 24-1983, passed 6-28-83; Am. Ord. 29-1997, passed 6-10-97; Am. Ord. 28-2002, passed 5-28-02; Am. Ord. 43-2002, passed 7-23-02; Am. Ord. 51-2002, passed 8-27-02; Am. Ord. 21-2004, passed 4-27-04)
(F) The Director of Public Service and Safety or his or her authorized agent shall render bills for water service and all other charges in connection therewith and shall collect all moneys due there from.
(G) All revenues and moneys derived from the operation of the water system shall be paid to and heldby the city, separate and apart from all other funds of the Municipality and all of such sums and all other funds and moneys incident to the operation of the system, as may be delivered to the water utility, shall be deposited in a separate fund designated the Waterworks Fund Account and the Director of Public Service and Safety shall administer such fund in every respect in a manner provided by the Ohio Revised Code and all other laws pertaining thereto.
(H) Utility Service Termination Policy. (A copy of the City of Logan Utility Service Termination Policy is attached to Ordinance 43-2002 as Exhibit A, and is incorporated herein by reference.)
(I) Separability of provisions. Each section and each part of each section of this chapter is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent that if any section or part of a section or any provision thereof, or the application thereof to any person or circumstances, is found to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that these sections or parts of sections would have been adopted independently of such sections or parts of a section so held to be invalid.
(Ord. 24-1983, passed 6-28-83; Am. Ord. 28-2002, passed 5-28-02; Am. Ord. 43-2002, passed 7-23-02; Am. Ord. 58-2008, passed 1-13-09; Am. Ord. 28-2020, passed 5-26-20)