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(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)
(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)
(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)
(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)
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)
(A) Multiple units. MULTIPLE UNITS, as used herein, shall include a MOBILE HOME COURT, which is defined as three or more trailer spaces under a single ownership and contiguous to each other, apartment complex, motel, hotel, and related establishments. All multiple units shall be served with a single main line and single service line therefrom with a single water meter measuring the water used by such multiple units. The property owner shall be responsible for the payment of the bill based on the single meter reading and the penalties associated with such bill, if any.
(B) Single units. Not more than one single-family dwelling or one commercial unit shall be served from one service line with each such unit having its own meter, except as otherwise provided in division (A) above.
(C) Two or more consumers on one service. Except as provided in division (A) above, from and after the effective date hereof, individual service shall be installed for each consumer. In the case of multiple units presently being served by more than one main or one service line, the town shall provide a single tap and meter. The work, including labor and materials, necessary to hook up any multiple unit to a single tap shall be the responsibility of the property owner. In establishing individual service, the town shall tap the water main and bring the water service to the curb stop and install a water meter the same as it would provide in the case of a new tap but no connection charge fee shall be charged to consumers whose service is separated. There will still be a reimbursement charge as provided in § 9-1-8 to consumers whose service is separated.
(Prior Code, § 9-1-7) (Ord. 342, passed 3-18-2004)
(A) Charges established; exception; requirements.
(1) Charges; permit; connection requirements.
(a) The Town Council has the authority to set a connection charge (previously known as a tap fee) for hooking onto the water main, by ordinance. All such connection charges are due and payable during regular working hours in the office of the Town Clerk-Treasurer. Connection charges shall be paid to the Town Clerk-Treasurer and a permit obtained prior to tapping or otherwise making any connection whatsoever to the water main. The permit shall be issued for a specific permittee and shall not be transferable to other property nor to another permittee.
(b) After payment of the connection charge fee in the office of the Town Clerk-Treasurer and issuance of a permit for a tap, the town will tap the water main, run a lateral water line from the water main to the property line or to the existing service on town property and install a curb stop and a water meter, pit, or meter assembly and other necessary appurtenances including meter reading equipment.
(c) The town will also require for various nonresidential users, installation of an approved backflow prevention device as required by the State Department of Environmental Quality or the applicable regulatory agency.
(d) All materials and fixtures required to bring water service to the property line or to the existing service on town property shall be furnished by the town at the expense of the property owner or permittee pursuant to the connection charge set out in division (A)(1)(e) below. Thereafter, the property owner or permittee shall be responsible for running and connecting the water service from the connection from the meter pit assembly into the property, including the required and town approved expansion pressure relief device.
(e) Until modified by the Town Council by resolution, the connection charge payable hereunder shall be retained by the town in a fund for expansion and/or repair of the water system. The connection charge includes fees plus reimbursement for all labor and materials, and the amounts of connection charges are available at the Town Hall.
(2) Exceptions to payment of fee. No fee shall be required for tapping the water main when the tap is:
(a) For the sole purpose of providing service for a fire protection system within the structure;
(b) Required by the State Department of Fire Prevention and Safety or a similar governmental agency, and such request is evidenced by a written document from that agency; or
(c) The connection or tap is not into a consumer.
(B) Reimbursement of charges to town. Labor and materials, as well as equipment charges, necessary and reasonably charged by the town for tapping the water main, extending water service to the property line or to the existing service on town property, installing water service to the meter pit or meter assembly and installing the curb stop and a water meter, pit or meter assembly, and other necessary appurtenances, including meter reading equipment and all other necessary appurtenances, shall also be reimbursed to the town as part of the connection charge. This reimbursement charge shall include all pavement and other necessary surface access and restoration costs. The connection charge fee will be paid prior to issuance of a permit and the reimbursement for all labor and materials, as well as equipment charges, shall be paid in full prior to the water supply being turned on.
(C) Large water taps; negotiations. For any water taps made over two inches in size, the connection charge shall be negotiated between the applicant and the Town Council according to existing conditions at the time of the request for the tap and taking into account the ability of the town waterworks system to furnish the water required, additional administrative expense incurred by the town, labor, materials furnished and provided by the town, and all other factors which may reasonably be expected to result in an additional financial burden or necessitate additional capital expenditures. The connection charge for multiple units, whether residential or commercial, shall be the fee set forth in division (A)(1)(e) above for the first unit and an additional 20% of the fee for each additional unit, plus the reimbursement charges as set forth in division (B) above.
(Prior Code, § 9-1-8) (Ord. 342, passed 3-18-2004; Ord. 2024-01, passed 4-4-2024)
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