TABLE OF CONTENTS
NOW THEREFORE BE IT RESOLVED that the following regulations, rates, and charges shall apply for all services rendered by the Authority:
Water service is furnished only in accordance with the currently prevailing Regulations of the Authority, which are made a part of every application, contract, agreement, or license entered into between the customer and the Authority. Any further modifications of Rates or Regulations shall apply equally to those who are receiving service at the time such amendments or modifications may be adopted.
A. The word "Authority" as used herein, shall mean Monroeville Municipal Authority acting through its property authorized officers, agents, or employees, each acting within the scope of the particular duties entrusted to him/her. The word "Customer" as used herein, shall mean the party applying for and/or taking a supply of water to a property.
B. Type of Service
1. A building under one roof owned by one party and occupied as one business or residence, or
2. A combination of buildings owned by one party in one common enclosure
occupied by one family or business, or
3. The one side of a double house having a solid vertical partition wall, or
4. A building owned by one party having a number of apartments or offices and using in common one hall and one or more means of entrance, or
5. A structure existing or known as a "condominium" or "townhouse" as defined and approved pursuant to the applicable ordinances of the Municipality of Monroeville, and which structure shall not exceed three stories in height and shall maintain a separate or individual entrance way providing access to said condominium or townhouse.
C. Wherever there is a separate tenant or separate business on any property, each tenant and each separate business may be treated and regarded as separate customers subject to the schedule of rates. However, where more than one customer is presently served by a single service line and meter, rates shall be computed using the number of customers served as the number of minimums before completing the step rates with allowance for number of minimum quantities and based on prevailing rates. Owner may elect to serve multiple customers from one service line and one meter provided the primary service line from the main serves no more customers than allowed by the following table:
PRIMARY SERVICE LINE SIZE
3/4", 1", 1-1/2", 2", 4", & 6"
EQUIVALENT NUMBER SERVICES OR METERS PER *PRIMARY
Each customer will be supplied through a separate meter wherever practical, except in the case of 2B-4 or 2C as defined. Should the Owner desire that the Authority deal with the tenant, in the above case, he must first provide means of controlling the supply and housing the meter for each tenant; the controlling devices to be outside of the building for each meter, and the meters will be properly and conveniently housed either outside or within the building.
A. Turning on of water into any premises for any purpose by anyone except a representative of the Authority is prohibited.
B. The Authority will presume service being rendered from the time water is turned on, upon request of a customer, until the customer gives notice to the Authority to discontinue service, and charges will be made accordingly. Access must be provided during normal working hours for the purpose of discontinuing service. Failure to provide such access will continue charges until such access is provided.
C. Customers will not be permitted to supply water to any premises other than that stated in the application, agreement, or contract.
D. Parties desiring small amounts of water or service for a short time, or where rendering of such service will require the attention of an employee of the Authority, will be charged rates fixed by the Manager in keeping with the service rendered.
E. No connection or outlet will be permitted on the service pipe or pipes supplying any
premises between the street main and the meter.
ALL WATER MUST PASS THROUGH THE METER.
A. Emergency service may be furnished temporarily at the discretion of the Monroeville Municipal Authority in any case not covered under the schedule of rates. The Authority shall charge the then prevailing rate in effect at the time of consumption for said emergency water service, based upon actual or estimated flows as determined by the Authority.
B. Emergency service shall include water furnished through fire hydrants for the
extinguishment of fires or other emergency uses. The Authority shall charge the then prevailing rate in effect at the time of the consumption based upon actual or estimated flows as determined by the Authority.
The Authority reserves the right to restrict the supply of water in case of scarcity or whenever the public welfare may require it.
Service connection will be made and water will be furnished only upon written application as approved by the Authority. Application for a new service shall be made by the owner or his properly authorized agent on the forms prepared by the Authority for this purpose.
When a customer applies for water service, he/she or the entity owning the subject property, shall be required to sign an Affidavit stating that he/she or the entity is the owner of the subject property before an application for water shall be processed. Said Affidavit shall remain on file with the Monroeville Municipal Authority.
In the event an applicant is a tenant or renter and applies for water service, he/she or the entity, shall be required to produce a photocopy of the Lease Agreement, or in the alternative, provide proof that there is a valid lease arrangement to the Monroeville Municipal Authority, which proof shall remain on file with the Monroeville Municipal Authority prior to accepting an application for water service.
The owner/tenant shall then be required to execute the Monroeville Municipal Authority’s Consumer Water Agreement Form, which form shall likewise remain on file with the Monroeville Municipal Authority.
The application and these regulations shall constitute the contractual relations between the owner, the tenant or renter, and/or customer and the Authority; and each owner, tenant or renter, and/or customer, by the taking of service, agrees to be bound thereby individually and collectively.
A new customer water turn on charge of $15 shall be payable at the time of application for water service.
Deposits are required of all customers. Minimum deposits payable at the time of application for water service shall be:
Residential Tenant............................................... $50
Residential Owner................................................ $25
Commercial Tenant.............................................. $75
Commercial Owner............................................... $75
Any customer having made a deposit shall pay bills for water service as rendered in accordance with the regulations of the Authority. The deposit shall not be considered as payment on account of water bills during the time that the customer is receiving service.
Interest will be paid on deposits. Interest will be credited to any person whose deposit has been held by the Authority after one (1) full calendar year. Credit will be applied to the depositor’s water account wherever possible (or to an absentee depositor’s escrow account) during January of each year following the first full calendar year of occupancy.
After consideration of the original deposits set for application in situations involving residential and commercial development, the Manager is hereby directed to exercise discretion and shall be authorized to impose application fees in the following amounts when he believes or has reason to believe that the customer has gone bankrupt, or will be going bankrupt, or otherwise is insecure about the customer. The following is a list of fees which the Manager, in his discretion, may impose under the circumstances recited above:
Residential Application Fee.............................Not Greater than 1/12th of the last Twelve-Month Billing
Leasehold Application Fee .............................Not Greater than 1/12th of the last Twelve-Month Billings
Commercial Application Fee .............................Not Greater than 1/12th of the last Twelve-Month Billings
Repeated delinquencies may require, at the discretion of the Manager, an application fee in the amount of two average billings before service can be restored.
Water rates are currently $5.15 per thousand gallons and will raise to $5.30 per thousand gallons on January 1, 2014.
Sewer rates are currently $8.20 per thousand gallons and will raise to $9.84 per thousand gallons on January 1, 2014. This rate does not include the Alcosan Customer Service Charge.
A minimum charge per month based on meter size for two thousand gallons is applicable to all customers unless water service has been terminated and the meter has been removed from the premises.
(See Regulation 11L)
$300 diameter inch of line -- minimum 1" diameter.
NOTE: All fire lines shall be equipped with a double detector check valve, bypass meter, and outside register. Valve, meter, and register will be provided by the
Monroeville Municipal Authority at the installer’s expense.
The customer shall be entitled to the number of hydrants, sprinklers, hose connections, or standpipes equal to the basic charge for the entrance line, (See 10A1 above). Any charge in excess of the basic charge as computed by the individual items will be billed at the rates shown above.
2. Fire line rate shall be the same as in (10A1) above.
1. Charge is a compensation for standing ready to serve and the use of water is not normally contemplated except for actual extinguishing of fire. If water is used otherwise, an actual or estimated consumption charge will be imposed.
2. If the use of private fire service is abused, the Monroeville Municipal Authority reserves the right to require the installation of a meter of appropriate size on any line at the expense of the Owner.
A. TAP-IN FEES
The following are normal tap-in fees PLUS (+) road opening, replacement costs, and any permit fees.
(See Regulation 21)
Water Tap-In Fees
Short tap is defined as a tap made on the same side as the waterline. If the Authority is required to make a tap on the side opposite of the waterline, then the Authority shall charge an amount equal to #1, 2, 3, or 4 as applicable, plus the cost of labor and materials to make the long tap.
5. Domestic water service connection of larger size service lines will be quoted upon submission of the pertinent details to the Authority.
B. Jobbing Labor Rates shall be billed at prevailing labor contract wage plus 40% overhead.
C. Inspection of Service Lines.......................................................... No Charge
D. Final Bill Charge................................................................................... $7
E. Turn Water On & Off at Customer's Request..................................... $20
(See Regulation 18I)
Violations of Regulations, or Terms of Application.
(See Regulation 18)
G. Turning water on after service has been discontinued for Non-Payment of Bills, Violation of Regulations, or Terms of Application.
(See Regulation 18)
During Normal Working Hours..................................................... $20
After Normal Working Hours (2 Hour Minimum Charge).............. $106
H. Checks Not Honored by Bank.................................... Amount of Check Plus $30 Service Charge
(See Regulation 13C & D)
I. Research of Account Billings
(See Regulation 14)
J. Liens............................................................ Prevailing Prothonotary Charge plus Attorney Fees plus Postage
(See Regulation 15)
K. Sheriff Sale
Listing of Home....................................................................... $150
Sale of Home............................................................................. $50
(See Regulation 16)
METER SIZE MONTHLY (2000 Gallons)
|5/8" & 3/4"||$10.30|
|3" - 4"||$128.75|
M. Removing, testing, resetting, and resealing meters where sealing wire has been tampered with or broken, or the meter has been removed from the service
(See Regulation 19E)
N. Testing meter at customer’s request
(See Regulation 20)
|5/8", 3/4", and 1" Meters||$30 each|
|1½" and 2" Meters||$35|
|Larger than 2" Meters||Prices on Request|
O. Testing of private meters brought to the shop.................. Prices on Request
P. Special Meter Reading Requested by Customer.............. Prices on Request
Q. Frozen Meter..................... Price of New Meter Plus $20 Service Charge
R. Meter Repairs............................................................................. Actual Cost
S. Installation of New Ball Valve Before the Meter:
Price of Ball Valve Plus $20 Service Charge
T. Sewage Meter -- Yoke Method:
Price of Meter and Fittings, Plus $20 Service Charge
All billings will be rendered monthly. Duplicate billings shall not be furnished by the Monroeville Municipal Authority. Failure to receive a bill shall not exempt any customer from accruing a penalty for late payment. The presentation of a bill to the customer is only a matter of accommodation and not a waiver of this rule.
A. All charges for general water service whether by minimum, budget, or monthly billing shall be paid on or before the due date of the bill. Such charges shall be subject to payment at face of the bill plus a $10 late charge if paid after the due date.
B. If any bill for water service remains unpaid after forty-five (45) days from the date of the bill, the service shall be discontinued and a shutoff charge will be assessed.
C. In the case where service to any customer is discontinued for non-payment of the bill, an additional charge will be made for the re-establishment of service. Service will be
re-established only when paid in full. Authority employees are PROHIBITED from collection of payments.
(See Regulation 11G)
D. In the case where two checks have not been honored by the bank, future payment of bills will be required on a CASH or MONEY ORDER ONLY basis.
(See Regulation 11H)
E. Special arrangements for payments must be approved by the Manager.
A. Any request by a customer of the Monroeville Municipal Authority for research of their account billings for a period greater than one billing quarter shall furnish to the Authority a listing of all months to be reviewed. This listing shall be in chronological order, up to and inclusive of the present billing period, with all charges separately listed. All discrepancies that are being claimed shall be annotated for review against the records of the Monroeville Municipal Authority. Duplicate billings shall not be furnished by the Monroeville Municipal Authority.
A service charge shall be assessed at a rate of $20 per quarter researched. Said fee shall be applied to the customer account. In the event the Monroeville Municipal Authority concurs with the discrepancies claimed, the service charge shall be waived and such inconsistencies corrected.
(See Regulation 11I-1)
B. Any request by an entity other than a customer of the Monroeville Municipal Authority for research of a Monroeville Municipal Authority customer account shall furnish to the Authority the following:
1. Written authorization from the Monroeville Municipal Authority customer for the research to proceed.
2. A listing of all billing months to be reviewed. This listing shall be in chronological order, up to and inclusive of the present billing month, with all charges separately listed. Duplicate billings shall not be furnished by the Monroeville Municipal Authority.
3. All discrepancies that are being claimed shall be annotated for review against the records of the Monroeville Municipal Authority.
4. A service charge shall be assessed at the hourly rate of the billing clerk for all time expended plus an overhead fee of 40%. Said fee shall be applied to the Monroeville Municipal Authority customer account. In the event the Monroeville Municipal Authority concurs with the discrepancies claimed, the service charge shall be waived and such inconsistencies corrected.
(See Regulation 11I-2)
A lien will be filed with the prothonotary's office against the property owner on any account delinquent for sixty (60) days in an amount of $100 or greater. The prevailing prothonotary charge and Attorneys fees, plus postage, pursuant to Act 1 of 1996 of the Municipal Claim and Tax Lien Act will be added to the customer account if payment is not made in accordance with the Act.
(See Regulation 11J)
(See Resolution #239)
A. For any customer whose home becomes listed for sheriff sale, regardless of whether the sale transpires, there shall be a $150 charge placed on that customer's account to cover the necessary paperwork and documentation required for the sale.
B. In the event the sheriff sale is culminated, an additional charge of $50 shall be placed on the customer's account to cover additional necessary expenses incurred as a result of the sale.
A customer, who for any reason wishes to terminate his liability for service, shall give a minimum seven (7) day notice to the Authority. The customer (owner or tenant equally) shall be responsible for payment for service rendered by the Authority until such notice is received. Failure to provide access to the premises for the purpose of making a final reading inside the premises on the meter itself will not terminate the customer’s liability for termination of service until proper entrance is provided.
Discontinuance of service by the Authority for non-payment of a bill or violation of the regulations shall not cancel the application for service nor constitute a waiver of this regulation.
The Authority reserves the right at all times, after due notice, to shut off the water for non-payment of water bills, or for neglect or refusal to comply with the Rules & Regulations of the Authority, and to charge for restoration of service.
(See Regulation 11G)
Service under an application may be discontinued for any of the following reasons:
A. For misrepresentation in application as to property or fixtures to be supplied or the use to be made of the water supply.
B. For failure to maintain in good order, connection, service lines, or fixtures beyond the curb and owned by the applicant, which may cause unregisterable leaks.
C. For molesting any service pipe, meter, curb stop or seal, or any appliances of the Authority.
D. In case of vacancy of the premises.
E. For violation of any regulation of the Authority.
F. For neglecting to make payments of any charges against the property. Charges for service rendered to a tenant shall be the liability of the owner as well.
G. For refusal of access to the property for purposes of inspecting, or for reading, caring for, or removing meters during normal working hours.
H. The Authority shall have the right to shut off the water without notice in the case of
breakdowns, or for other unavoidable causes. For the purpose of making necessary repairs, connections, etc., reasonable notice will be given when practicable. In no case shall the Authority be liable for any damage or inconvenience suffered.
J. Authority employees are PROHIBITED from collection of payments.
The Authority will furnish and install meters for all water service, including separate fire lines at the customer’s expense. All meters are the property of the Authority and the Authority will maintain and keep in repair and adjustment all meters, except as provided in the regulations.
Outside telemetry units will be installed, when practical, as a service at no charge to the customer. The water meter will always be the official instrument for determining consumption in all cases.
A. The customer must provide suitable housing facilities for the meter and will be responsible for any damage to the meter through extreme heat, cold, or accidents.
The Authority assumes only the burden of ordinary maintenance.
The meter must not be housed or enclosed in such a manner as to make repair or replacement impossible without liability of damage to the premises. In such cases where enclosures are deemed too restrictive for normal maintenance, the owner shall, at his/her expense, correct the condition immediately. Failure to correct the condition will result in discontinuance of service.
In case no suitable housing for the meter is to be had in the cellar or basement or about the premises, the owner will be required to furnish an approved meter housing located in the parkway, terrace, or sidewalk area of said premises. Such housing must be approved by the Authority and no one other than an authorized agent of the Authority shall at any time be allowed to repair, remove, or replace any meter.
B. Where the service line extension on the customer’s property is more than one hundred
(100') feet in length, the Authority may require that the meter be located in the parkway, terrace, or sidewalk area, and be placed in an approved meter housing as above indicated.
C. The customer shall furnish and install on the service line a flared ball valve with full throat, without waste, the same size as the service line on the street side of and immediately before the meter, and an approved backflow preventor, #7 Watts or equal, on the consumer side of and immediately after the meter, and then the other ball valve.
D. The size of the meter shall be no larger than the size of the service line which the customer requires, or requests the Authority to install. The line size after the curb stop, to point of meter, shall be at the discretion of the Authority in the case of extra long service lines, or other unusual types of installation. The increase in line size shall be at the expense of the applicant.
E. The customer shall not permit anyone, unless an agent of the Authority, or otherwise lawfully authorized to do so, to remove, or tamper with the meter, or other property of the Authority on his/her premises. If, in repairing the customer’s service line, it becomes necessary to break the meter seal, the Authority will, upon application, authorize the person making the repairs to break the seal and the Authority will reseal the meter without charge to the customer. Otherwise, when a meter seal, or seal wire, has been tampered with, removed, or broken, or the meter removed from the service line, the Authority will remove the meter, test it, reset it and reseal it, for which the Authority will charge a fee. (See Regulation 11N) If the fee is not paid within ten (10) days, service may be discontinued.
F. The customer shall notify the Authority of damage to, or of the non-working of a meter, or of the breaking of the seal, or seal wire, as soon as the same comes to his/her knowledge. If the customer advises the Authority of a broken seal wire, the seal wire will be replaced without charge providing the meter is in proper working order.
The Authority shall test all meters periodically without charge to the customer. Normal periodic cycle is ten (10) years.
Should any customer of the Authority doubt the accuracy of his/her water meter at any time, the customer may have said meter tested upon written application to the Authority and by making a deposit, as indicated by Regulation 11N, to defray the cost of said extra meter test. Should such accuracy test show the meter in question to be correct within four percent (4%) as prescribed by general practice, the deposit shall be forfeited. Should the test show said meter to be registering fast by more than four percent (4%) of the accurate amount, the required deposit shall be refunded and the entire cost of the test shall be borne by the Authority. In the event that the incorrect registration exceeds plus or minus four percent (4%), water consumption for the preceding six months will be adjusted, and either a supplemental bill will be rendered, or a refund made as appropriate. Charges for meter tests may be waived at the discretion of the Manager.
Water service connections will be made only to improved property, or to property in the process of improvement, after receipt of written application; provided however, that upon said application to be submitted, the Authority shall have, in writing, approved the point of connection to its waterline and the meter location within the structure to which water service is to be made, with signature of the property owner or his duly authorized agent.
When properly executed applications are received for both water service line installation and for regular water service, the Authority will tap the main, insert corporation cock, extend service pipe to the property line, and insert a curb stop with curb box for each customer.
The service facilities between the water main and the curb stop shall be and remain the property of the Authority and will be maintained by the Authority.
The Authority will render the aforesaid service at a cost to the customer of the following normal tap-in fees, PLUS (+) road opening, replacement costs, and any permit fees:
A) $1,800 for each normal 3/4" service line.
B) $2,400 for each normal 1" service line.
C) $3,100 for each normal 1-1/2" service line.
D) $5,100 for each normal 2" service line.
E) $10,000 for each normal 4" service line. (2) 2" Meters
F) $15,000 for each normal 6" service line.
Normal tap is defined as a tap made on the same side as the waterline. If the Authority is required to make a tap on the side opposite of the waterline, then the Authority shall charge an amount equal to A, B, C, or D, as applicable, PLUS the cost of labor and materials to make the long tap.
A. The owner must furnish and install a service line extension beyond the curb box upon the premises to be served. The materials of each extension must be of Type K-soft Copper using flared fittings, or ductile iron pipe, to and through the wall of the building, or housing facilities for the meter, on which shall be placed an approved ball valve
(See Regulation 19C) immediately before the meter and inside the building or housing wall. The service line, beginning at the curb stop and extending as far as the meter, shall be no less in diameter than the service line installed by the Authority from the main line to the curb stop unless otherwise approved by the Authority. Any charges for removal and replacement of the traveled surface of roads or sidewalks, or for fees or permits of any kind, are to be paid for by the applicant. Water will not be supplied through the customer’s part of any service supply line between the curb stop and meter which has not been inspected in the open trench and approved by the Authority. This applies to both original installation and repairs. There will be no charge assessed for Inspection of service lines.
B. All service pipes must be laid at least five feet (5’) deep and not less than five (5') feet
distant from any open area or vault. No service pipe shall be laid in the same trench with any drain or sewer pipe, but must be laid in a separate trench not less than three (3') feet from any drain or sewer pipe.
C. The customer will be required to maintain his/her service line extension in good order to
prevent leakage and loss of water before measurement by the water meter. Upon his/her
failure to repair such leaks, the Authority reserves the right to repair said leaks and to charge all costs for such repair work to the customer in question, or as an alternative, to require a relocation of the meter, at the customer’s expense, to a position near the curb box, in the parkway, terrace, or sidewalk area, in a regulation housing as specified by the Authority. Pits located on Municipal property shall be installed at the owner’s liability; and the owner is responsible for permit fees and all other expenses.
D. REMOVAL OF SERVICE LINES
Any person or entity having the legal right to demolish or remove a structure from real property within the service area of the Monroeville Municipal Authority shall:
1. Prior to or contemporaneously with the making of an application for a Permit to
the Municipality of Monroeville for the demolition or the removal of a structure, secure from the Authority a written consent from the Authority to so do.
2. The issuance of the Authority’s consent in writing addressed to the Municipality of Monroeville shall state that the applicant has deposited with the Authority a sum of money which the Authority has estimated to cover the cost or to compensate the Authority for its cost of labor, equipment, and materials directly related to the termination of water service. Termination of service shall be at the main line of the Authority.
3. The authority shall provide to the applicant an estimate of its cost for the termination of water service and, following the termination of said service, apply the funds escrowed to compensate the Authority for said costs and, should the actual cost thereof be less than the amount escrowed with the Authority, the difference being refunded to the applicant. Should the amount exceed the sum escrowed for said purpose, then the applicant shall be responsible to pay to the Authority the additional costs thereof.
4. The person or entity shall not commence the demolition or removal of any structure until such time as the applicable water service line connection shall have been terminated by the Authority, which shall in no event exceed a period of seventy-two (72) hours following the issuance of the Municipal Permit and, if applicable, said other required Governmental permits.
A. The Authority shall be under no obligation at any time to make any extensions to its then
existing waterlines, but may do so upon the written request of one or more prospective customers, either wholly or in part at the expense of said customer or customers, but at the option of the Authority. Waterline extensions are governed by Resolution No. 171. A summary of that Resolution is as follows:
1. Any Party desiring the extension of water mains or fire lines shall file an application to so do with the Authority.
2. The Application shall be submitted in writing and shall be accompanied by the following:
a) Two prints of the Plan, prepared by a registered Engineer or Surveyor.
b) One print of a Plan showing the ultimate development of contiguous land owned by the Applicant.
c) The Authority may authorize the Authority Engineer to proceed with preliminary engineering on any line extension prior to the Developer’s agreement to pay for the additional costs resulting from the necessary changes.
d) Approval of any extension shall require appropriate evidence of the approval of site plans by the Governmental Bodies of the Municipality.
3. Three alternatives may be pursued in connection with the installation of water main extensions:
a) Applicant may elect to construct and install the water mains, etc.
b) Applicant may elect to have a contractor of his/her choice perform the construction and installation.
c) Applicant may elect to have the Authority secure a contractor to perform the construction and installation.
4. The following shall apply to alternative set forth in #3.
Applicant and Authority shall enter into a written agreement prepared by the Authority’s Solicitor. All materials required for said installation shall be determined by the Authority Engineer and approved and supplied by the Authority pursuant to the bid for said materials. The extent of the overhead chargeable shall, in part, be determined by whether the materials are supplied in truckload or non-truckload lots.
5. If the developer elects the procedure in #3a, the developer will construct the waterline in accordance with the final plans and specifications.
a) Developer agrees to construct waterlines strictly in accordance with the specifications as adopted by the Authority, or any subsequent revisions prior to the date of this Resolution, and the Developer agrees that, in the event he/she enters into any agreement with any other contractor, agency or assigns, this Resolution in total shall be incorporated into such agreement.
b) Developer will deliver to the Authority, prior to commencement of any work, a Certificate of Insurance certifying that the developer is insured with a reliable insurance company for Public Liability, Personal Injury, Property Damage, minimum coverage, and full coverage for Workers’ Compensation.
B. The Authority may enter into an agreement with the developer whereby the developer guarantees the completion of all the waterline improvements required by the terms of the agreement in a manner satisfactory to the Authority. To secure this agreement, the developer shall provide one of the following guarantees:
1. Surety Bond to cover the entire cost of the waterline, plus ten percent (10%). The duration of the bond shall be until such time as the waterline improvements are accepted by the Authority in accordance with the requirements and standards therewith.
2. The developer shall deposit cash with the Authority in an Escrow Account. The amount of deposit shall be equal to the cost of the waterline improvement plus ten percent (10%). In the case of an Escrow Account, the developer shall file with the Authority an agreement between the bank and himself or herself guaranteeing the following:
a) The funds of the Escrow Account shall be held in trust until released by the Authority and may not be used or pledged by the developer as security in any other matter during the period of construction of the waterline improvements.
b) In the case of failure on the part of the developer to complete the improvements, the bank shall immediately make the funds in such account available to the Authority for use in the completion of those improvements.
3. Property Escrow. The developer shall offer a guaranty of land or other property, including corporate stocks or bonds. The value of any such property shall be at least equal to the cost as estimated by the Authority and approved by its Engineer of the installation of all waterline improvements plus ten percent (10%). The County Assessor shall establish the value of any property so used and, in so doing, shall take into account the likelihood of decline in the value of property during the guaranteed period. The Authority shall retain the right to reject the use of any property when the value of such property is sufficiently unstable, when it believes the property will be unusually difficult to sell, or for other reasons such as will inhibit the Authority from exchanging the property for a sufficient amount of money to complete the required improvements.
When the property is offered as an improvement guaranty, the developer shall:
a) Execute an Agreement with the Trustee, when it is not the Authority, instructing the Trustee to release the property to the Authority in the case of default. The agreement shall also state the property may be released only upon the consent of the Authority. The agreement shall be placed on file with the Authority Manager.
b) File with the Authority an Affidavit affirming that the property to be used as a guaranty is free and clear of any encumbrance or lien at the time it was put into trust; and Execute and file with the Authority an Agreement stating that the property is to be used for no other purpose or pledged as security for no other matter until it is released by the Authority.
C. Refer to Resolution No. 171, Pages 5 thru 10, to continue with the Rules & Regulations for waterline installations.
The Authority will not install water mains nor service lines after November 15th, nor before March 15th of each year. This rule may be waived by the Authority in case of emergency or necessity. The determination of an emergency or necessity shall rest with the Authority.
The Authority shall not be liable for any damage resulting from leaks, broken pipes, or from any other cause, occurring to, or within any house or building; and it is expressly stipulated by and between the Authority and the customer that no claims shall be made against said Authority on account of the bursting or breaking of any main or service pipe or any attachment to said water works.
All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste unless authorized by the Manager at his discretion.
All persons are forbidden to open any fire hydrant or to use any water there from for any purpose without permission in writing from the Authority, except in case of fire. All hydrant tests shall be made directly under the supervision of an authorized agent of the Authority.
The customer will understand that fire protection charges are mainly a compensation for "standing ready to serve" and that for said charge the use of water is not contemplated except for the actual extinguishing of fires, or for testing fire hydrants, systems, and apparatus which shall not be done without first notifying officials of the Authority. If used otherwise, a consumption charge, in accordance with the rates published, will be imposed. Consumptions will be estimated by the Authority and shall be binding.
All customers having any equipment upon their premises, depending upon the pressure of the water in the Authority’s pipes to keep them supplied, are cautioned against danger of collapse in the event of line ruptures, and all such damage must be borne exclusively by the customer.
No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Authority with water from any other source. Nor will the Authority permit its mains or service pipe to be connected in any way to any piping, tank, vat, or other apparatus containing liquids, chemical, or any other matter which may flow back into the Authority’s service pipes or mains, and consequently endanger the water supply. An exception may be made to this rule at the option of the Authority, provided proper safeguards are installed which shall be inspected and have the approval of the Authority, the Insurance Underwriters, and the State Board of Health.
The Authority reserves the right to change or amend from time to time these Regulations and the rates for the use of water.