City Policies Water Sewer Policies - 3/15/95

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            CITY           OF MUSKEGON WATER/SEWER
                                   POLICIES


Purpose


Regulations       for providing water and sewer services.


Testing of water meters


1.   Test    Fee


     If    any property owner                      or    consumer             shall      desire          to
     have    the          water meter          at       his    or       her premises
     tested,          a    fee   must     be       deposited             in    the      amount       of
     thirty-five             dollars.              The    City Commission may
     determine by                subsequent             resolution             another         such
     amount,          and    the      City     shall          thereupon            cause       the
     meter       to be       tested.


2.   Inaccurate             meter


     If    such       meter      shall        be    found          to    be    inaccurate,
     the    system          shall       refund       the       above          deposit,         or
     credit       it       toward       an under-charge                   adjustment,               if
     all    one       exists       as    determined by                   these
     regulations.                If     the    meter          so    tested         shall       be
     found       to    be    accurate,             such       fee       shall      be    retained
     by the City to cover the expense of making the
     test.


3.   Accuracy


     A    water       meter      shall        be    deemed          accurate            if,    when
     subjected by the                   City       standard             test,      its    register
     indicates             a percentage             of    error not exceeding one
     percent          more    or      less     than       the       actual         quantity          of
     Water passing               through           it.     If       its       register
     indicates             an error in             excess          of    one percent           more
     than    the       actual      quantity or                water passing                   through
     it,    it    shall      be     considered             fast          to    that      extent.
     If    its    register          indicates             less          than ninety-five
     percent          of   actual       water passing                    through         it,    it
     shall       be    deemed      slow        to    the      extent          it   is     fewer
     than    one       hundred percent                   correct.
            American Waterworks                    Association             Manual


            The   accuracy of             a water meter shall be                         determined
            using      the    standards            set       forth in the American
            Waterworks         Association Manual                      titled       C-700-cold
            water    meter          standards,           Commission            to   constitute
            industry standards                  for water meters.


           Voluntarily and not                     requested by property owner


           Whenever the             City makes              a   test     of    a water meter
           voluntarily and not                     pursuant         to    a    request      of       a
           property       owner          or   consumer,           it     shall      be    done
           without       cost       to    the property owner or consumer,
           other    than       the payment               by him or her of                 the
           amount      due     the       City      for      water used,          as      provided
           in these       administrative                    regulations,            if the meter
           is    found    to be          slow.


c¢.   Meter     Equipment              Malfunction                adjustment.


      1.   Billing Adjustments


           This    regulation            is    to      allow      for     adjustment            of
           past    billings            either       over        or under billed             due       to
           meter    failure            and    to    alleviate           the     effect      of
           catch    up    billings            due      to    remote       register
           malfunctions.                These       regulations            are      intended          to
           ensure      consistent             and      fair      treatment          of
           customers.             It    is    recognized,            however,            that    not
           all    circumstances               can      be    covered by          these
           regulations            and    that       the      City    at    times         may be
           required       to      make       adjustments            outside         the    scope
           hereof.        Such         adjustments              may only be          authorized
           by the      City manager.


           Type   of     Adiustments


           a)     Meter       malfunction               where      through          testing       a
                  meter        is    proved        to    be      over     or    under
                  registering             and      a    customer has             been either
                  over       or     under     billed            for usage.


           b)     Remote          malfunction where                 the        remote     read
                  device          has    failed         to      register all          the   usage
                  registered             by   the      water meter.
3.        Main meter malfunction


          a)            If     a meter tests            fast    (in excess               of   101%
                        accuracy)          the    City    shall      credit           the     customer
                        with     a
                                sum derived by multiplyi
                                                         ng the amount
                        of    all     water
                                      and sewer charges incurred
                                                                  over
                        the period in question prec
                                                    eding the test by
                        the percentage exceeding 100%
                                                       (maximum six
                        years).


      b)                If    a meter tests slow (below 95% accuracy),
                     the       City shall back bill the cust
                                                             omer with a
                    sum        derived by multiplying                  the       amount         of    all
                    water        and       sewer    charges         incurred          over      the
                    period           in    question preceding the                     test      by the
                    percentage              below      100%    (Maximum          six      years.


                        (1)     EXAMPLE:         six year usage             =    600 meter
                                tests       at   80%    accuracy      adjustment                is
                                equal       to


                    (2)        EXAMPLE:          600 X 20% = adjusted usage x
                               applicable rates                in   force       during          time
                               in question.


     Remote              read        device      malfunction


     If        a    remote       read device            malfunctions,  the City
     will           that       service        address      for water and sewer use
     as        metered          by    the    water      meter.


     a)            If        ownership       has    changed during               the       affected
                   period,           charges       will   be    adjusted             for      the
                   number        of       billing      quarters       the       current
                   customer           has    resided      at    the    service            address.
                   The        adjustment         will    be based on             a    comparison
                   of     previously billed               usage       for       the      term    of
                   residency versus                the    “normal”          usage         9as
                   measured           by   periodic       reads      over       a     period         of
                   1-2        quarters       following         discovery            of   the
                   malfunction).


                   Tf    ownership          has    not    changed      during            affected
                   period,           charges      for water         service    not   will
                   be    adjusted.            However,         sewer charges will be
                   relieved          for    any periods         prior       to       1993.
                   This       adjustment         will     be   calculated by adding
                   up    total       usage       over      the       period         of    occupancy
                   up    to    six years.              Then      a    total         of winter
                   usage       over      the     same      period         will       be
                   determined.              The      difference between these
                   two    figures         is     the    amount           that       will    be
                   subject         to adjustment                and will            the billed
                   for   sewer as           if    these were winter quarters.


          ¢c)     No adjustment will be allowed where there is
                  evidence           that      the     remote        read       device was
                  tampered with.


           d)     Whenever meters                fail       to register consumption
                  of    water used,            through defects                      in   such
                  meters,          the    City may          charge            the   consumer
                  such       sum    as    shall       be    estimated by the                    City,
                  based on          the     consumption              of water during the
                  previous          year’s       billing            quarters.


D.   Charges      for    late        payments


     1.   30    days


          Bills    not paid within 30                      days      after the            due    date
          thereof       shall       be    subject          to   a    service         charge
          equal    to    ten percent             of    the      billing.             In    the
          event    a    delinquent          bill       must         be    spread on         the
          taxes,       for    the    purpose          of    covering           associated
          administrative             costs,       an       additional           service
          charge       equal    to       twenty percent                  of   the    original
          delinquent          billing       amount         shall         be    charged.


E.   Adjustment         of    bills        for major                 leaks


     1.   Residential          leak      adjustment


          These    regulations            are     to promote-water
          conservation          by    encouraging               customers            to    promptly
          fix   leaks     and plumbing problems                          and    to       establish
          guidelines          that    provide          fair and consistent
          treatment      of     customers            requesting               leak
          adjustments.




          Types   of    adjustments
 a)     Adjustments           for      leaks    where        water was
        discharged           into the         sanitary       sewer       system.


b)      Adjustments           for leaks where water was not
        discharged into the                   sanitary sewer system.


rules

a)    No      more    than       one    leak adjustment             will      be
        allowed       in any two-year period.


b)    No more         than       two consecutive             billing
      quarters            will    be    adjusted.


c)    The      request       must       be made       within       30    days   of
      the      due    date       for    the    quarter       initially
      involved            and must       be    accompanied by the
      following:


        (1)     A written          statement          from    the       customer
                describing             the    nature    of    the problem,
                the       date    repair were          completed,         and
                copies       of    paid receipts             for    services
                and/or supplies                (where       applicable)
                                                                      .


        (2)     Current          readings       (at    time    of    request)
                from both          the   meter and           remote      device
                to    be    furnished by            customer.


d)    Leak      adjustment          will      be    based     on metered
      usage         experience         after       repairs     are      made    and
      will      be made       only if usage             is    demonstrably
      reduced         (after       adjusting          for    any extenuating
      circumstances)
                   .


e)    If      lost    water       entered      the    sanitary          sewer
      system,         leak adjustments to the customer's
      water         and    sewer bill         will    equal     25%      of    the
      estimated            loss    for no more         than     two      billing
      quarters.



£)    If      lost    water       did not      enter    the     sanitary
      sewer         system    water      charges       will    be       adjusted
      25%      of    the   estimated          loss    for no more             than
      two billing quarters                    and sewer        charges will
                     be    adjusted         to normal        usage based on prior
                     year’s      usage       patterns.


          g)         If    a   leak    is    suspected but             cannot       be
                     detected by            the    occupant       or owner,
                     additional         assistance may be                requested form
                     the    Water      Maintenance          Department          at       no
                     charge      to    the       customer.


F.   Shutoff     practice              and        other     charges


     1.   Amount       delinquent            to    determine          shutoff.


          While       the City         is    authorized to             shut    off    water
          service          for any delinquent               bill,       the    City will
          normally         shut    off       water    or    sewers       service          if   the
          charges         to the premises             or    the       meter in question
          are    delinquent            in    the    amount       of    fifty dollars.
          This       amount      and practice             shall       vary,    and the
          threshold amount                  for    shutoff may be             changed by
          decision         of    the    City       Manager,       from time          to    time,
          to    an   amount       less       or    more    than       fifty    dollars.
          The    City Manager               based    on    the    administrative               and
          enforcement            availability and capability of                            City
          personnel            shall    make       this    decision,          and    the      cost
          incurred by the               city by using this                method of
          enforcement.


          Other      charges


          a)      Customer         requested water               service        shutoffs
                 performed by                city    crews,      except        where
                  service        can        only be       shut   off    at     the    curb box
                  and      there       is    no    inside    shutoff          valve      the
                  charge        will        be    twenty-five         dollars.


          b)     Customer requested                   final meter reads
                 performed by                City    crews,      except       where       there
                 is       no readily accessible                  inside meters                the
                 charge         shall       be    twenty-five          dollars.


          c)     Credit         applicable          where both parties                   to    a
                 property         transaction             perform       their       own       final
                 meter reading acceptable                        to    the    City the
                 charge         shall       be    ten dollars.
           d)     Where           owner          files       necessary documentation to
                  avoid           the       water       lien,       deposit      to be      refunded
                  when services                    are    discontinued and after all
                  bills           are    paid,          otherwise to be charged off
                  against              the    bill.          Water and sewer             service
                  shall       be        one       hundred       dollars.


          e)      Where water                 service has been terminated at                            a
                  property              for       nonpayment          of   a    bill,    deposit
                  shall be             two        hundred dollars               for Water        and
                  sewer       service              bills.


G.   Tenant payment                affidavits


     1.   Affidavits


          Affidavits          filed with                the    City       Pursuant       to MCL
          123.165       shall          include          the    date       filed,      the
          expiration          date          of    the    lease,       and have          attached
          to    them    a    fully          executed,          true       and    exact      copy   of
          the    lease,       containing                the    required          statutory
          language          requiring             the    tenant       to pay the          water
          and    sewer       charges.              The       affidavit         shall     quote     and
          refer    to       the    language             in    the    lease,      and     contain        a
          certification                by    the       owner    that       the   lease      is   in
          full    force       and       effect          on the       date      that
          notification             of       any    change,          cancellation,
          termination             or    alteration of                the    lease      shall     be
          immediately             communicated to                   the    City as      required
          by statute.




                                             id    to    the    City,      at    the    time     of
                                            avit,        the    deposit         required by
                                            schedule           currently         in    effect      on
                             f:davit              is    filed.

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