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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-060Introduced by: klam Temp. # 7 3 4 Ll I 1 CITY OF TAMARAC, FLORIDA 2 ORDINANCE NO. Q- 2 2-4 0 3 AN EMERGENCY ORDINANCE ESTABLISHING TEMPORARY RATES AND OTHER CHARGES FOR WATER AND SEWER 4 SERVICE AND TEMPORARY COMPREHENSIVE RULES AND REGULATIONS FOR WATER AND FOR SEWER SERVICE 5 FOR WATER AND SEWER CUSTOMERS OF THE CITY OF TAMARAC WEST OF STATE ROAD 7; STATING BASIS 6 OF EMERGENCY; PROVIDING FOR AUTOMATIC EXPIRATION OF ORDINANCE; PROVIDING FOR SEVERABILITY OF 7 INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 10 SECTION 1: FINDING OF EMERGENCY 11 The City of Tamarac has agreed to purchase Tamarac Utilities, Inc. 12 Under the terms of the Purchase and Sale Agreement between the City and Tamarac 13 Utilities, a referendum was to be held within seventy-five days of the date of 14 execution, and if the referendum was successful, closing was to be within three 15 days of the date of the certification of election. The electorate voted in favor 76 of the acquisition on October 9, 1979, and closing is scheduled to occur on 17 October 15, 1979. Tamarac must establish rates to satisfy bond and note 18 resolutions, and to properly operate the Utility. It must further establish 19 rules and regulations in order to function in a proper manner. Time constraints 20 make it impossible to enact the rates and the rules and regulations by any 2 1 method other than by emergency ordinance. However, the City Council realizes 22 the need and the necessity to allow its citizens the opportunity to review and 23 provide input concerning the proposed rules and regulations as well as the rates 24 and charges. Accordingly, it will enact temporary rates as well as temporary 25 rules and regulations in order that a public hearing on the final rates and 26 charges, and rules and regulations may be held at a later date. 27 SECTION 2: The rate schedule attached hereto and incorporated 28 as if set forth verbatim herein as Exhibit A is hereby adopted as the rates and 29 charges for water and sewer service for water and and for sewer customers of the 30 City of Tamarac west of State Road 7. 31 SECTION 3: The Technical Terms and Abbreviations in Exhibit B 32 ttached hereto and incorporated as if set forth verbatim herein are hereby 33 dopted for water and sewer customers of the City of Tamarac west of State 34 oad 7. $�A 1 1 1 2 3 4 S 6 7 B 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26- 2T 29 29 30 31 32 33 34 SECTION 4: The Water Rules and Regulations set forth in paragraphs 1.0 through 19.0 and in 21.0 through 27.0 of Exhibit C attached hereto and made a part hereof as if set forth verbatim herein are hereby adopted for water customers of the City of Tamarac west of State Road 7. SECTION 5: The Sewer Rules and Regulations set forth in paragraphs 1.0 through 20.0 and in 22.0 through 27.0 of Exhibit D attached hereto and made a part hereof as if set forth verbatim herein are hereby adopted for sewer customers of the City of Tamarac west of State Road 7. SECTION 6: No portion of this Ordinance shall modify, repeal or affect in any manner existing and permanent regulations for water and sewer customers of the City of Tamarac east of State Road 7. SECTION 7: Should any section or provision of this Ordinance or any portion hereof or any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 8: This Ordinance shall be of the temporary duration of six months from its adoption. Thereafter it shall be deemed automatically expired. SECTION 9: This Ordinance shall be effective on October 15, 1979, or immediately upon the acquisition of the assets of Tamarac Utilities, Inc., whichever is later. PASSED FIRST READING this /�Z_ day of (�C-��Z , 1979. PASSED SECOND READING this /—I- day of �� , +�79. IATTEST: �"A CITY CLERK I HEREBY CERTIFY THAT I have approved the form and correctness of this ORDINANCE. ATTORN MAYOR: DISTRICT DIST' :CT DISTRICT DISTRICT MA RECORD OF COUNCIL VOTE RAI " EXHIBIT A � RATE SCHEDULE A. SINGLE FAMILY RESIDENTIAL - WATER Minimum Service Charge(no consumption) 5/8" Meter $ 4.65/Mo. l" Meter 11.65/Mo. 1-1," Meter 23.25/Mo. 2" Meter 37.20/Mo. Consumption Charge per 1,000 Gallons .60 B. MULTIPLE FAMILY RESIDENTIAL - WATER Minimum Service Charge Per Unit (no consumption) $ 3.25/Mo. Consumption Charge per 1,000 Gallons .60 C. COMMERCIAL - WATER Minimum Service Charge (no consumption) 5/8" Meter $ 4.65/Mo. 1" Meter 11.65/Mo. 13-1" Meter 23.25/Mo. 2" Meter 37.20/Mo. 3" Meter 74.40/Mo. 4" Meter 116.25/Mo. 6" Meter 232.50/Mo. Consumption Charge per 1,000 Gallons .60 D. SINGLE FAMILY RESIDENTIAL - SEWER Minimum Service Charge (no consumption) $ 6.20/Mo. Disposal Charge per 1,000 Gallons for ' 10,000 Gallons or Less .70 All Over 10,000 Gallons - No additional charge E. MULTIPLE FAMILY RESIDENTIAL - SEWER Minimum Service Charge Per Unit (no consumption) $ 4.35/Mo. Disposal Charge per 1,000 Gallons for 10,000 Gallons or Less .70. All Over 10,000 Gallons - No additional charge F. COMMERCIAL - SEWER Minimum Service Charge (no consumption) 5/8" Meter $ 6.20/Mo. 1" Meter 15.50/Mo. 12" Meter 31.00/Mo. 2" Meter 49.60/Mo. 3" Meter 99.20/Mo. 4" Meter 155.00/Mo. 6" Meter 310.00/Mo. Consumption Charge Per 1,000 Gallons .70 NOTE: There is no consumption in the minimum service charge. G. INDUSTRIAL WASTEWATER SERVICE RATE To be determined on an individual basis according to volume and characteristics of wastewater. H. OTHER USES - WATER AND SEWER Any customer for which no schedule directly applies shall use C. and F. COMMERCIAL RATE PER UNIT. I. CONTRIBUTION CHARGES (CCJNNECTION CHARGES) Contribution Charges - Water Sing Family Residential Multiple Family Residential Commercial (per ERC) A-1 $350.00/Unit 350.00/Unit 350.00/Unit 01 EXHIBIT A" 1 11 1 RATE SCHEDULE I. CONTRIBUTION CHARGES (CONNECTION CHARGES) (cont'd) Contributiori Charges _-Wastewater �gTe Family Residential Multiple Family Residential Commercial (per ERC) J. METER INSTALLATION_ CHARGES/DEPOSITS Meter Size ��—�-� CHARGE 5/8" 1115.00 1" 225.00 1 -" 400.00 2" 525.00 Over 2" By Agreement K. MISCELLANEOUS WATER CHARGES Meter Turn -On Meter Turn -Off Meter calibration charge when meter found to be metering correctly. Meter Size 5/811 1" and IV 2" Over 2" Fire Line Charges 4" 6" 8" Over 8" I:Wa $550.00/Unit 550.00/Unit 550.00/Unit DEPOSIT 40.;OO 145.00 290.00 460.00 By Agreement $ 10.00 10.00 CHARGE 20.00 30.00 50.00 By Agreement $300.00/Year 700.00/Year 1,200.00/Year By Agreement v TECHNICAL TERMS -AND ABBREVIATIONS ," +t - City of .Tamarac, a municipal corporation �,�0 Company 01"the State of Florida. �.0 "Consumer" - Any -person, firm, association, corporation, governmental agency or similar ` organization supplied with sewer service by the Company. 3.0 "Service" - Service, as mentioned in this Tariff Book and in agreement with Consumers, shall be construed to include, in addition to all sewer service required by the Consumer the readiness and ability on the part of the Company to fur- . nish sewer service to the Consumer. 4.0 "Consumer's Installation" - All pipes, fixtLrr�, and apparatus of any kind and nature .appliances used in connection with or forming a part of an installation for utilizing sewage for any purpose, - located on the Consumer's side of ''Point of De- iiv�ty••, wiiC�it�i �uuii ii�si.eaiiaL oii by Consumer under lease o-r otherwise-. . 5.0 "Point of Delivery" - The point where the Company's pipes are connected with the pipes of the Cons•.•,er's namely at the rain line connection in easements, or property line on the street side. 6.0 "Main" - Shall refer to a pipe, conduit, or other from facility inst!led to convey sewage service individual laterals or to other Mains. : - 7.0 "Service Lines" - The pipes of the Consumer that line. (Also referred to as connect -to Company's lateral lines.) The Company does not lay sewer lateral lines on private property except under special contracts or agreements. . 8.0 "Rate Schedule" - Shall refer to rate or c7iarge for -the particular sewer .classification of service. 0 EXHIBIT B � 1 Ll I • WATER RULES AND REGULATIONS t 1.0 General Information - The Company's Rulees and Regula- b ons•, insofar as t ey.are inconsistent with any r statute ,_--ord-ina c -1�g 1a � now in effect, shall be null and void. These Rules and'Regulations are.a part of the rate schedules, applications and contracts of the Company, and in the absence of, specific written agreement to the contrary, they apply without modifications or change to each and every- ' Consumer to whom the Company renders water service.-.-,.. In the event-.that.a portion of these Rules and Regulk bons is declared unconstitutional or void for any •. reason by any court of competent jurisdiction; such. •• decision'shall in no way affect the validity of the ,- remaining portions of the Rules and Regulations for water service unless such'court•order or'decision shall so direct. , 2.0 Water Scrvice - To obtain water service, application shoul a ma a at the office of the Company. -Appli , cations are accepted by the Company with the under standing that there is no obligation on the part of the Company to render water service other than that.-... which is then available from its existing water pro duction.and distribution equipment and service.lines. The applicant shall furnish to the Company the correct name, street address, at which water service is to be rendered. 3.0 pSirnecdl A lication Necessar - Water service is nis a only upon signe application or agreement 'accepted by the Company and the conditions of such application or agreement are binding upon the Consumer as well as upon the Company.'A copy of each applica- tion or agreement for water service accepted by the Company will be furnished to the applicant on request. EXHIBIT C-1 41 1 '4.0 Applications by_Agents - Applications for water service requ:este firms, partnerships, associations, corpora-. tions and others, shall be tendered only by duly author- ized:parties. When -water service is rendered under agreement or agreements entered into between the Company._ and hn agent. of the. principal, the use of .such water: 1 service -by the principal shall constitute full and • _ complete ratification by the principal of the agree - men V or agreements entered into between agent and the Company and under which such water service is rendered.. 5.0 .-Withholding_Service.- The Company may withhold or dis-. u_ contine water service rendered under application made.. --by airy inember -or- agent of a family, households organzza—.. tionz or-,busine'ss.-unless all prior indebtedness to the Company of such family, household, organization or , t _ business for water service has been settled.in full.- 6.0 Extensions The Company will make such extensions to its existing facilities as may be required by.one or _ �r•nrn i'to Ua l;pT1V�� therefrom shalirbe sufficient to afford fair and reasonable return on the cost'of providing and Tender- ing the water service. Otherwise, the Company will require from the Consumer prepayments, cash advances, minimum guarantees, service guarantees,.contribution in-.... aid of construction, or other arrangements.with the. • Consumer, whereby the Company will be.enabled. to earn •. a fair and reasonable return on the cost of providing and rendering the required water service. 7.0' Limitation of Use Water service purchased from the Company s all SF used by the Consumer.only for the purposes specified in the application for water service _and the Consumer shall not sell or otherwise dispose of such water service supplied by the Company.- Water, service furnished to the Consumer shall be rendered directly to the Consumer through Company's individual meter and shall be for Consumer's own use and may not C-2 1 1 be remetered by -the Consumer for the purpose of selling or -otherwise disposing of water service'to lessees, tenants, or others. and under no circumstances shall the'Consumer or Consumer's agent or any.other individual, association or corporation install meters. for the purpose of so remetering said water service.. In no case shall a Consumer, except with the written consent of the Company extend his lines across a street, _. alley., -lane, court, property line, avenue, or other way, in order to furnish water service for adjacent. property through one meter, even though such adjacent property be owned by him. In case of such unauthorized extension, remetering, sale -or disposition of service, .'Consumer's water service is subject to discontinuance �_.'. until such unauthorized extension, remetering, sale"or disposition is discontinued and full payment is -made of bills for water service, calculated on proper classification and rate schedules and reimbursgjaent,.Y:�•..' �hses;'+:;�:a;'" in full made to the Company for'all extra exp. incurred for clerical work, testing and inspections. 8.0 Continuit of Service - The Company will at all times Use reasons le dilia0ence to provide continuous water service, and having used reasonable diligence, shall. - not be liable to the Consumer for failure or.inter- ruption of continuous water service: The Company Shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accident, litigations, breakdowns, shutdowns for repairs, or adjustments, acts of sabotage, enemies of the United States, wars, United States, state,.munici- pal or other governmental interference acts of,God or other causes beyond its control._ . 9.0 Ta and Maintenance - The Consumer's pipes, apparatus an equipment s all a selected, installed, used and maintained in accordance with the standard practice, conforming with the Rules and Regulations of the Company, and in full compliance with all laws and governmental regulations.applicable to same. The Consumer agrees further to keep all pipes, valves, plumbing -and fixtures in repair and to promptly stop C-3 1. -'shall - all leaks on his -premises, and the Company not z be -responsible for their maintenance and operation. The Consumer .expressly agrees not to utilize any device.which is.not properly constructed, _ appliance or controlledprotected, and or;which may adversely affect - y the water service; and the Company reserves the right to discontinue or withhold water service to such _ apparatus or device. ' 10.0 Change of Consumer's Installation - No changes or in- ;. creases in Consumers installation, which will _ materially affect the proper operation of the pipes,: - be -made without : •.• .! .•.{ mains, or stations of the Company shall -writ.ten consent 9f .the Company. The Consumer will be • liable for any change resulting from a violation of ; • this rule.. -11.0 Inspection of Consumer's Installation "sAll water service -installations or changes llCbes�•TPr's•. inspected upon completion by competent_.authority,to • • nw .. �..+ ti. ..• /"nw �..... ..wfw . ±��, f•!�wy,.. ♦+r., .. ar ...r ..ter - asa.i... r r•... r rva•.+..r+rr r pn.Y+ `1 been installed in accordance with accepted. +•;" have standard practice and such local governmental•or• be in effect. Where municipal or other rules as may - other governmental inspection is required by local ' rules*or ordinances, the Company -cannot -render water has been made and a formal service until such inspection notice of approval from the inspecting authority has been received by the Company. The Company reserves the -right to inspect Consumz__ - installation prior to rendering water servicer:�... time to time thereafter, but assumes no.respon_�ibility . whatsoever. for any 'portion -thereof. 12.0 Protection of Com any's Pxo ert - The Consumer shall properly protect the Company's property on the Consumer's premises, and shall permit no one but the Company's. agents, or persons authorized by law, to have access to the Company's pipes and apparatus. C-4 7 1 I In the event of any loss, or damage to property of the Company caused by or arising out of carelessness, neglect or misuse of the Consunar, the cost of making good such loss or repairing such damage shall be paid by the Consumer. 13.0 Access to Premises - The duly authorized agents of the Company shall have access at all reasonable hours to the premises of the Consumer for the purpose of installing, maintaining and inspecting or removing Company's property, reading meters, and other purposes incident to performance under or termination of the Company's agreement with the Consumer, and in such performance shall not be liable for treaspass. 14.0 Right of Way or Easements - The Consumer shall grant or cause to be granted to the Company and without cost to the Company all rights, easements, permits, and previleges which in its opinion are necessary for the rendering of water service. 15.0 Billing Periods - Bills for water service will be rendered monthly. Bills are due when rendered and shall be considered as received by Consumer when delivered or mailed to water service addrtss or some other place mutually agreed upon. Non receipt of bills by Consumer shall not release or diminish ob- ligation of Consumer with respect to payment thereof. 16.0 Delinquent Bills - Bills are due when rendered, and if not paid with- in fifteen (15) days thereafter become delinquent, and water service may then, after five (5) days written notice, be discontinued. Sorv1c., will be resumed only upon receipt of payment of all past-dut• and penalties, together with a reconnect charge of Seven l'.''... Fifty Cents ($7.50), when performed during regular worklr,., ?,.. After regular working hours the reconnection charge 1w12]. 91%.cnty Dollars ($20.00). There shall be no liability of any ka11.1 against t1:- Company by reason of discontinuance of water service to the Consumer for failure of the Consumer to pay the bills on time. No partial payments of any bill rendered will be accepted by the Company4 except by agreement with Company. C-5 1 1 17.0 Reimb_ ursem2_nt for Extra E�enses - The Consumpecialltripsc,burse tha inspections, (such as for special an on account Company for all extra expcnseSetc.) incurred by the Company additional clerical expenses, the of the Consumers violation of- �dhenrpGrformedact for eduring regular working Company's rules and regulations. hours the charge for this service shall not exceedhe Dollars per- Fif Fifty Cents ($7.50): i.f, , at Customer's request, t ge up to but not - formed other than at ars ($20w00)imayhbermade. more than Twenty Dollars ($ - When both 1g.0 pa ent of Water and Sewer Service Bills Co� rend paymentany of any water and sewer service are by theeCompany tooapwater rvice Con - water service bill rendered by Company sumer shall not be accepted b the service bipany thout renderedthe xbyltheeous or concurrent payment of any aid; the Company• if the charges for water service are not so p Company may discontinue both sewer service er icewaterand Jserviceer rcharges ore Consumer's premises for nonpaymentaid the Company may dis- continue the charges for sewer service are not p continue both water service and sewer serviceeto the charge. CTheuComps•,y premises for nonpayment of the seww shall not re-establwsh or reconnesue such time service sery eaall sewwater sewer service ice or either of such services until ervice chargeheSedother rcharges charges and water srules andregulationsare paid. established or provided for by C-b 1 r 19.0 Tem oraar Discontinuance of Service (Vacation Rated -Upon application to the Compa"Y by the Consuner for a temporary shut --off, billing for stand --by water service to the premises shall be at fifty percent (50%) of the minimum bill for water service for the number of whole months that water service is discontinued. Partial months, when service is restored or interrupted, shall be at the regular rate. "Month" shall mean the normal billing month and not calendar month. If service is terminated and resumed at the same address to the same Customer, within twelve (12) nonths from the date of termination, an amount equal to the vacation rate for the period of service termination will be collected as a condition precedent to restoration of service. 20.0 Tax Claus e - Rates andXbiany gas may be increased or a surcharge added in the amount oflicable proportionate part of any taxes and assessments imposegovern:.ental authority in excess of those in effectJanuar6 which are assessed on the. -basis of meters or customers orice of or revenues from water sold. 21.0 ChanRe of Occupancy - When change of occupancy takes place on any, premises supplied by the Company with water service, 14RITTE` NOTICE thereof shall be given at the office of the company not less than three. (3) days prior to the date of change by the outgoing Consumer, who will be held rebponsible for all water service used on such premises until such written notice is so received and the Company has had reasonable time to discontinue water service. However, if such written notice has not been received, the application of a succeeding occupant for water service will automatically terminity the prior account. Consumer's deposit nay be transferred from: c: service location to another, if both locations are supplied by t-1- Company. Consumer's deposit may NOT be transferred from one iiame to another. For the convenience of its Consumers, the Company will accept telephone orders to discontinue or transfer water service and will use all reason- able diligence in the execution thereof. However, oral orders or ad- vice cannot be deemed binding or be considered formal notification to the Company. j y) C- 7 Unauthorized Connections - Water - Connections to the'' Company's water system for any purpose whatsoever are, to -be made -only -by employees of the Company. Un- authorized connections render the service 'subject to immediate discontinuance without notice and water service will not be -restored until such unauthorized • connections have been removed and unless settlement is made -in full for all water service estimated by the Company to have been used by reason of such un- authorized connection. Any unauthorized connection or any Consumer who tampers, with a-• meter,- sealed by the Company, or who shall "- tamper with any service locking device or who shall ,. by-pass.any meter or "jump" or reconnect service where a meter•has been removed shall be subject to a charge of $25.00 to cover the costs of investigation,.legal action, repairs or further protection of Company's product or property. ►� is 1 4J. V J•tLr 6 9 S 1,A. n4 441 iJJV 1.<.4 J JJJal; 6#6 i 6JL AA.4- CU - V r a•1L4L rem— n the property of the Company and shall be accessible to and subject to its control. Thb Con- sumer shall provide meter space to the Company at a suitable and readily accessible location and when the Company considers it advisable, within the prem!s�- to be served, adequate and proper space for the lation of meters and other similar devices. 24.0 All Water Througl, :peter - That portion of the Consumer's installation tor water service shall be so arranged that all water service shall pass through the meter. No ter:;.vrary pipes, nipples, cross connections, or spacers are permitted and under no circumstances are connections -allowed.which may permit water to by-pass the meter or metering equipment. 25.0 Adjustment of Bills - When a-customer•has been over- charged or un erc Urged as a result of. --.:correct 0 [CU., 1 application of the rate schedules, incorrect reading of the meter, incorrect connection of the meter, or other similar reasons, the amount may be credited or billed to the Consumer, as the case may be. 26.0 Customer Deposit - Before rendering service, the ompany wx 1 require a deposit or guarantee satis- factory to the Company to secure the payment of'bills; and the Company shall give the customer a non- negotiable and non -transferable deposit receipt. Such deposits shall bear no interest and shall remain with the water utility as long as the customer continues to take water. Deposits made prior to the effective date of this section that were in conformance with existing regulations need not be increased to meet the require- ments of this section. Upon final settlement of customer's account, or when customer's credit has been established to the satis- faction of the Company, any unused balance of the deposit will be refunded. Refund is contingent upon surrender to the Company of the applicable deposit receipt or, when the receipt cannot be produced, upon adequate identification. 27.0 Customers Outside of Cit Limits - Customers outside o t e corporate Imits o t e ity receiving water service shall, in addition to the water rates set, pay a surcharge of twenty-five (25) percent of their water bill. C-9 i-/ 1 Li SEWER RULES AND REGULATIONS 1.0 General Information - The Company's Rules and Regula- tions; insofar as t ey are inconsistent with any statute, now in effect, shall be null and void. These Rules and Regulations are a part of the rate schedules, applications and contracts of the Company, and in the absence of specific written agreement to the contrary, they apply without modifications or change to each an d every Consumer to whom the Company renders sewer service. In the event that a portion of these Rules and Regula- tions is declared unconstitutional or vr..d for any reason by any court of competent jurisdiction, --such decision shall in no way affect the validity of the remaining portions of the Rules and Regulations for sewer service unless such court order or decision ,-U. 11 a: .,..+ raa� rw w1ArMH. 2.0 Sewer Service - To obtain sewer service,-appli•cation s oul a ma a at the office of the Company. l.ppli- cations are accepted by the Company with the urder-- standing that there is no obligation on the part.. of the Company to render sewer service other than that which is then available from its existing Sewage Treatment Facilities and distribution 'equir-ment and sewer lines. - The applicant s'�all furnish to the Company the _,:�rrect name and street address at which sewer sex -vice is to be rendered. 3.0 Signed Application Necessary - Sewer service is furnished .only upon signed application or agreement accepted by the Company and the conditions of such application or agreement are binding upon the Consumer as wF:ll as upon the. Company. A copy of each application or agreement for sewer service accepted by the Company will be furnished to the Applicant upon request. EXHIBIT D-1 �1 4.0 Application�s by dents - Applications for sewer servxCe requeste y irms, partnerships, associations, cor- porations and others, shall be tendered only -by -duly authorized parties. When sewer service is rendered under agreement or agreements entered into between the Company and an agent of the principal, the'use of such sewer service by the principal shall con.st=tute full and complete ratification by the principal of the agreement or agreements entered into between agent and the Company and under which such sewer service is rendered. -5:0 Withholding Service- The Company may withhold or dis- conznue sewer service rendered under. application maze by any member or agent of a family, household, or,— i- zation or business unless all prior in"?btedness to the Company of such family, household, organiza-ion or business for sewer service, has been settled in f-.-'.? . 6.0 Extensions - The Company will make such extensions to its existing facilities as may be required by'or_e or more rnnsumers _provided the revenues to he derived therefrom shall be sufficient to afford fair and reasonable return on the cost of providing and rendering the sewer service. Otherwif the Company will require from the Consumer prepayments, cash ao'v-aces, min.-U= guarantees, service guarantees, cont-ribution in aid. of construction, or other arrangements with the Consumer, whereby the Company will be enabled to earn a fair .and reasonable return on the cost of providing and rendering the requ,-ed sewer service. 7.0. Limitation o£ Use - Sewer service purc7:ased from the Company- shall a used by the Consumer only for the purpose specified in the application fct- sewer service. Sewer service furnish' to the Consumer shall be for the Consumer's own use and sewage shall be received directly from the Consumer i-ito the Company's main sewer lines. In -o case shall a Consumer, except rQWa 4- 1 with the written consent of the Company extend his lines across a street, alley, lane, court, property line, avenue, or other way, in order to furnish sewer service for adjacent property, even though such ad- jacent property be owner. by him. In case of such unauthorized extension,•sale or disposition of service,_-:� Consumer's sewer service is subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment «is made of bills for sewer service, calculated on proper classifxca`icns and rate schedules and reimbursement in ful«1 made to the Company for all extra expenses incurred for clerical work, testing, and inspections." 8.0 Continuity of Service - The Company will at all times use reasonable diligence to provide cont-Inuous sewer service, and having used reasonable diligence shall not be liable to the Consumer for failure or interruption of continuous sewer service. The Company - shall not be liable for any act or omission caused liltC{...Llr V1 411",.Aactl by 4a.LA%..h, �"WW& accident, litigation, breakdowns,. shutdowns, or repairs or adjustments, -cts of sabotage, -enemies of the Uni•4ed States, wars, United States, s ate, municipal or otHcr governmental. y.nterference, acts of God, or other caYases beyond its control. 9.0 T »e and Maintenance - The Consumers. pipes, apparatus, an equipment s ail a selected, installed, used and maintained in accordance with standard practice, conforming with t'-� Rules and Regulations of the Company, and in full, comp' fiance with all laws and governmental regulations applicable to same. The Consumer agrees further to keep all, pipes, plumbing and fixtures in repair and to promptly stop a'." 7.eaks on his premises', and the Company shall not be responsible for their maintenance and operatior_. The Consumer expressly agrees to not utilize any appliance or device which is not properly constructed, controlled D-3 �S 1 and protected, or which may adversely affect the sewer service; and the Company reserves t'_e right to dis- continue or withhold sewer service to such apparatus or device. 10.0 Chan e_of Consumer's Installation - No changes or increases in Consumer's 'nstallation, which will materially affect the proper operation of the pipes, mains or stations of ' 7 e Company will be M. .e without written consent of the Company. The Consumer will be liable for any damage resulting from a violation c:: this rule. ' Inspection of Consumer's Installations - Al' Consumer's sewer service installations or changes should"be inspected upon completion by competent authority to insure that Consumer's piping, equipment, and devices have been installed in accordance with accepted standard practice and such local governmental.or. other rules as may be in effect. Where riuna.cipa; nr nthPr anvPrnmAntal i ngpprti nn is requ rea 'I-)v local rules or ordinances, the Company cannot renc.er sewer service until such inspection has been mace and formal notice of approval from the :Inspecting au*hc:ity has been received by the Cc -parry. 12.0 Protection of Comoany's_Prore� rty - The Cor_sur;er shall t properly protect .e Company s property on.tre Consumer's premises, and shall permit no cne but the Company's agents, or persons authorized by law, to lave access to the Company'_ pipes and aprarat-as. In the event of any loss, or damage to 11-^rerty of the Company caused by or arising out of carelessness, neglect or misuse by the Consumer, 7:e cost of ---,king good such loss or repairing such damage shall be paid by the Consumer. D-4 11.0 Access to Premises - The duly authorized agents of the Company shall ave access at all reasonable hours to the premises of the Consumer for the purpose of instal- 1ing,_maintaining and inspecting or removing Company's property, and other purposes incident to performance under or termination of the Company's agreement with the Consumer, and in such performance shall not be liable for trespass. 14.0 Right of Way or Easements - The Consumer shall grant or cause to be grange `to the Conpany and wit_b,cut cost to the Company all rights, easements, permits, a_-.d privileges which in its opinion are neces.7ary for the rendering of sewer service. 15.0 Billing Periods - Bills for sewer service will be rendered monthly. Bills are due when rendered and shall be considered as received by Consumer when' delivered or mailed to sewer service address es.sore other place mutually agreed upon. Nonreceipt of bills by Consumer shall not release or diminish obligation of Consumer with respect to payment thereof. _ 16.0 Delinquent Bills - Bills are due wher. rendered, -nd if -not paid wit in fifteen (15) days thereafter- be- come delinquent, and sewer service may t'_::.�_, aftew five (5) days written notice, be discontinued. Service will be resumed only upon payment of zI'. past -due bills and penalties, together with a re- connect charge established on the basis of the' expenses incurred in the disconnection_ and r_ .ora- tion of service which shall, be non-discriminatory in its application. There shall be no Iia'�ility of .any kind against the Company by r ^.son of discontin- uance of sewer service to the Consumer for fa -lure of the Consumer to pay the bills on time. No partial payment of any. bill rendered will be accepted by the Company, except by agreement with Company, - D-5 1 17.0 Reimbursement of Extra Expenses - The Consumer.shall reimburse t e Company for all extra expenses Cs'. :h as for special trips, inspections, additional clerical expenses, etc.) incurred by the Company on acco-wnt of the Consumer's violation of the contract for service or of the Company's rules and regulations. 18.0 Payment of Sewer and 1qater Service Bills Concurrentl - WE—en-5—ot-H sewer and water service are provided by t� e Company payment of any sewer service bill rendered by the Company to a sewer service Consumer shall not be • accepted by the Company without the simultaneous or concurrent payment of any water service bill rendered by the Company. If the charges for sewer service are not so paid, the Company ray discontinue both sewer and water service to the Consumer's premises for non- payment of the sewer service _',arges or if the charges for water service are not paid the Company may dis- continue both water service and sewer service -to the Consumer's premises for nonpayment of the water service Y1,Yrr.d T1►p Pn+inanv cl�al 1 nn1• rw-Pq1 ai-►1 i ¢1, n'r r non -sect sewer service and water service or either of such services until such time as all sewer sere =ce •c'_:2xg.,s and water service charges and all other ex -eases cr charges established or provieed far by t ese rules and regulations are paid. 19.0 Temporary Discont nuar_ce of Service - fi.t F:+y time t: at sewer service is na being uxn�.shed to the premises, • as confirmed by the Company furnishina, said sewer . service, upon application to -the Company by the.. Consumer for a ter:�porary shutoff of at least 6'? r duration, billing for sewer service to the preni ses will, be suspended for the number of whe' r:cnths tH3.t sewer service is discontinued to the premises. "We 1 1 20.0 Evidence of Consumption - When a flat rate is charged Tor sanitary sewer service, the initiation or con- tinuation or resumption of water service to the premises shall constitute the initiation, continuation, or resumption of sanitary sewer service to t?he premises, regardless of occupancy. 21.0 Tax Clause - Rate/aority charges may be increzr:_d or a sure arge addedmount of the �.pplicable pgroportionate partaxes and assessments imposed by any governmentin Pxcess of t'�: a zn effectJanuary 1,ich are assessee- on the basis of meters or custthe price of or revenues froze sewer service sol 22.0 Change of Occu anc - When change of occupancy taxes place on any premises supplied by the Company with sewer service, WRITTEN NOTICE thereof shall be given at the office of the Company not less than three CZ.) days prior to the date of change by the outgoink Consumer. who will be held responsible for �.11 sewer service used on such premises until such y:ritte- no`=_e is so received and the Company_ has had_ r. easonzb,le _.re to discontinue sewer service. However, if sv-cF\ written notice has not been receiver. the m'I;t_Cat?on of a succeeding occupant for sewer service w:.11 auto- matically terminate the prior. account. Consumer's deposit may be transferred from one service lccztion to another, if both service locations are supplier; by the Compa-:-. Consumer's deposit may NOT be trF-n.5-. ferred from one name to another. For the convenience of its Consu.^..ers, the w_- ? 1 accept telephone orders to discontinue or transfer sewer service and will use all reasonable elilize.nce in the execution the_aof. However, oral orders or advice cannot be deemed bir.� ing or considered formal notification to the Corrr.:ry. D-7 1 23.0 Unauthorized Connections - Connections to the Company's sewer system for any purpose whatsoever are to be made only by employees of the Company. Unauthorized -connec- tions render service subject to immediate discontinuance without notice and sewer service will not be restored until such unauthorized connections have been removed and unless settlement is made in full for all sewer service estimated by the Company to have been used by reason of such unauthorized connection. 24.0 Service Connection - Where the utility operates and maihtazns sewer lanes on public streets and rirt'�t-of'- ways, the "service co;-,, '&ction" shall be F- - t`ie�- Consumer's property Where the utilzt,r op6- `_es main sewer lines in a utility easement, the"service connection" shall be where the Consur-r connects to the main line. 25.0 Ad'ustment of Bills - j�'hen a customer has been over- c arge or un erc..arged as a result of xncorree°t i.s measured by water consumption and a r stet error =s determined, the amount may_be..credited or bill-ed- to - the Consumer, as the case may be. 26.0 Customer Deposit - Before rendering service, the ommpany wi11 require a deposit or guarantee satis- factory to the Company to secure the payment of bills; and the Company shall give the customer a non- negotiable and non -transferable deposit receipt. Such deposit shall bear no interest and shall remain with the utility so long as the customer continues to get sewer service. Deposits made prior to the effective date of this section that were in conformance with then existing regulations need not be increased to meet the requirements of this section. 27.0 Customers Outside of City Limits - Customers outside o t e corporatelimits- o t e ity receiving sewer service shall, in addition to sewer rates set, pay a surcharge of twenty-five (25) percent on their sewer bill. IM