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§ 9-1-2 MANAGEMENT OF SYSTEM: PUBLIC UTILITIES COMMISSIONER.
   (A)   Council control. The Town Council controls, manages, and maintains the waterworks system as hereinbefore set forth.
   (B)   Public Utilities Commissioner.
      (1)   Appointment; compensation. In the furnishing and maintenance of the water services herein provided, the Town Council may be represented when it deems it is necessary by a Public Utilities Commissioner who shall be appointed by the Mayor, after advice and with consent of the Town Council, and the Public Utilities Commissioner shall receive such compensation for his or her services as the Council from time to time determines.
      (2)   Removal. The Public Utilities Commissioner may be removed from office at the pleasure of the Mayor and Town Council.
      (3)   Duties. The Commissioner’s duties, if appointed, shall be to superintend the installation and maintenance of the water system and he or she shall be required to give a report on his or her activities to the Town Council at a regular time designated by them. No bill or claim for work done or material furnished to the system of waterworks to the town shall be paid or allowed without first having been audited and approved by the said Public Utilities Commissioner, if appointed, and the Town Council in all cases.
(Prior Code, § 9-1-2) (Ord. 342, passed 3-18-2004)
§ 9-1-3 WATER SYSTEM RESERVE ACCOUNT WITHIN WATER FUND.
   (A)   Account created. There is hereby created a water system reserve account within the town’s Water Fund, previously known as the “water maintenance account.”
   (B)   Purpose of reserve. The purpose of the reserve is to allow money to accumulate from fiscal year to fiscal year for the purposes of discharging the debt incurred by the town to construct the water storage, transmission, and distribution system or to make expenditures for capital improvements (or maintenance of capital improvements) to the water system and any and all items related thereto. This reserve is created in recognition that the water storage, transmission, and distribution system is a critical capital improvement within the town which from time to time requires large expenditures of money.
   (C)   Disbursements. The Council may, from time to time by resolution, establish a sum to be placed in said water system reserve account. Disbursement from the reserve account shall be made by transfer to a revenue account within the Water Fund and expended pursuant to an appropriation of the fund for the purposes established herein.
(Prior Code, § 9-1-3) (Ord. 342, passed 3-18-2004)
§ 9-1-4 WATER SERVICE RATES AND PAYMENT.
   (A)   Monthly bills. The Town Council shall have the authority to set monthly water rates and fees by resolution. All such monthly bills shall be due and payable by the property owner or occupant of the property on or before the twentieth day following the billing date. A delinquency fee will be assessed for each 30-day period or any portion of the 30-day period wherein the billing is delinquent after the twentieth day following the billing date.
   (B)   Disconnection for late payment. It is the policy of the town to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The town’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
      (1)   That all bills are due and payable on or before the date set forth on the bill;
      (2)   That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
      (3)   That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the town official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
   (C)   Relevant evidence. Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or request for the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
   (D)   Reinstatement. When it becomes necessary for the town to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge.
   (E)   Availability and commodity charges.
      (1)   Availability charge. Minimum charges for providing water services shall be assessed monthly, whether or not the property is occupied or water services are in use.
         (a)   Individually metered services. Each individually metered single-family residence, mobile home, living unit, apartment, condominium, townhouse, individual commercial establishment, industrial facility, or other similar type unit shall pay an availability charge per meter per month.
         (b)   Master metered services. Each facility including, but not limited to, mobile home courts, multi-family residential units, or commercial and industrial facilities which are divided into separate units or provide for more than one use and are serviced through a master meter shall pay an availability charge per unit or per use.
      (2)   Commodity charge. The rates referenced by this chapter shall be on file in the office of the Town Clerk-Treasurer, as revised from time to time by resolution of the Town Council.
      (3)   Waived fees. This section does not affect or waive any fees or charges due and owed to the town for water services provided before the effective date of this section.
      (4)   Copies of rates. The Town Clerk-Treasurer shall provide a copy of water service rates, without charge, to any person requesting the same in person or electronically during normal business hours at or from the Town Hall. The Town Clerk-Treasurer may provide copies of these rates to persons requesting the same by mail upon receipt of payment, in advance, of an amount sufficient to pay the costs of postage.
(Prior Code, § 9-1-4) (Ord. 370, passed 5-2-2013; Res. 2023-02, passed 2-2-2023; Ord. 2024-01, passed 4-4-2024)
§ 9-1-5 DEPOSIT REQUIRED FOR NEW ACCOUNT.
   (A)   Requirement; amount. 
      (1)   The town shall establish an account for each parcel of property or unit to which water service is provided.
      (2)   All accounts shall be carried in the name of the property owner of record for real property tax purposes and the agent, tenant, occupant, purchaser, or lessee of each parcel of property if different than the record owner(s), all of which shall be jointly and severally responsible for the payment of said account.
      (3)   As security for payment, the town requires a deposit for each account in a new billing name established after the effective date hereof, payable to the town. The security deposit shall be set by resolution of the Town Council.
   (B)   Refund of deposit.
      (1)   The deposit shall be refunded to the person making the deposit or their authorized assignee for the account if the account is current for 12 consecutive months of service and there have been no late charges assessed on the account during the 12-month period or at the time said account is closed and registered in a new name if the account is current at that time.
      (2)   If the account is not current after 12 consecutive months, said deposit shall be maintained for additional 12-month periods until the same is current for each month of the entire period. If an account is in arrears, the town shall have authority at any time as determined by the Town Clerk-Treasurer to apply the security deposit or any portion thereof to the arrearage on said account.
(Prior Code, § 9-1-5) (Ord. 342, passed 3-18-2004; Ord. 2024-01, passed 4-4-2024)
§ 9-1-6 FINANCIAL HARDSHIP; SPECIAL CIRCUMSTANCES; WAIVER OF FEES.
   In the event the fees created by this chapter, including availability charge, commodity charge, or connection charges, create an undue financial hardship, the Town Council shall be empowered to waive or reduce such fees upon presentation of satisfactory proof of financial hardship, but said waiver shall be at the sole discretion of the town. The town may also waive said fees, in the sole discretion of the Town Council, if determined to be in the best interest of the town for commercial or industrial development.
(Prior Code, § 9-1-6) (Ord. 342, passed 3-18-2004)
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