UTILITY ORDINANCE
AN ORDINANCE OF THE CITY OF MIDWAY, GEORGIA, ESTABLISHING UTILITY RATE SCHEDULE AND SERVICE RULES AND REGULATIONS FOR THE CITY OF MIDWAY, GEORGIA PROVIDING FOR PENALTIES CUT-OFF FEES AND FOR OTHER PURPOSES.
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BE IT ORDAINED, by the Mayor and City Council of the City of Midway, Georgia and it is hereby ordained, by authority of same as follows:
SECTION 1. APPLICATION FOR WATER SERVICE
The consumer shall make application for water and sewer service, in person, at the City Hall of the City of Midway, Georgia and at the same time shall make a cash security deposit of one hundred Dollars ($100.00).
SECTION 2. CHARGES FOR INITIAL WATER SERVICE
Each consumer subscribing to use the water and sewer service of the City of Midway shall pay a nonrefundable administrative fee of $25.00 for each connection desired for water service.
SECTION 3. RESIDENTIAL EQUIVALENT UNITS
A residential equivalent unit is that portion of a user's facility that has an impact on the water and wastewater system equivalent to a single-family residence. The determination of a facility's residential equivalent units shall be based on estimated water consumption as shown in guidelines below or on square footage. Peak water consumption of three hundred (300) gallons per day or a floor space of three thousand (3,000) square feet, shall be the equivalent of one (1) residential unit. The method which results in the greater number of equivalent residential units shall be applied. The standards available in the City's utility office shall be used in the determination of water consumption. If the table does not provide information for a particular application, the estimated water consumption shall be as calculated by the City in accordance with sound engineering practices using information available from Georgia EPD, USEP A, or standard reference materials commonly used for estimating flows.
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Type of Facility
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Water Usage
(Gallons per Day)
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Assembly Hall
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3 per seat
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Barber Shop / Beauty Parlor
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125 per chair
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Boarding House **
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100 per room
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Church w/o Day Care or Kindergarten
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5 per seat
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Correctional Institution
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125 per bed
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Country Club, Recreation Facilities Only
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25 per member
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Day Care Center, no meals
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15 per person
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Dental Office
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100 per chair
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Department Store
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25 per employee
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Factory
w/o showers
w/ showers
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25 per employee
35 per employee
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Food Service Establishments (toilets & kitchen)**
1. Restaurants, up to 12 hours/day
2. Restaurants, above 12 hours/day to 18 hours/day
3. Restaurants, above 18 hours/day operation
4. Bar and Cocktail Lounge
5. Drive-in Restaurant
6. Carry-out Only
* Plus
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1. 35 per seat
2. 50 per seat
3. 75 per seat
4. 30 per seat
5. 50 per car space
6. 50 per 100 sq. ft.
* 20 per employee
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Hospital
1. Inpatient
2. Outpatient
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1. 300 per bed
2. 300 per bed
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Hotel, no kitchen
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100 per room
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Kindergarten, no meals
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15 per person
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Laundry, Commercial
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1000 per machine
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Laundry, Coin
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150 per machine
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Lodges
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50 per bed
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Mobile Home Park
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300 per site
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Motel, no kitchen
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100 per room
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Nursing Home
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100 per bed
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Office
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25 per employee
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Physician’s Office
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200 per exam room
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Prison
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250 per inmate
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Schools
1. Boarding
2. Day, Restrooms Only
3. Day, Restrooms, and Cafeteria
4. Day, Restrooms, Cafeteria, and Gyms
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1. 100 per person
2. 12 per person
3. 16 per person
4. 20 per person
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Service Stations serving Interstate:
1. Full Service
2. Fuel and Oil Only
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1. 425 + 150 per pump
2. 150 per pump
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Service Stations serving other locations:
1. Full Service
2. Fuel and Oil Only
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1. 300 + 100 per pump
2. 100 per pump
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Service Stations serving any locations:
Car Wash
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500 per stall
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Shopping Center
(not including food service or laundry)
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10 per 100 sq. ft.
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Stadium
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2 per seat
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Theater
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5 per seat
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Travel Trailer Park:
1. With Independent Water & Sewer Connection
2. W/o Independent Water & Sewer Connection
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1. 100 per site
2. 35 per site
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Warehouse
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10 per 100 sq. ft.
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** Add 300 gallons per machine to amount indicated if laundry or dish washing machines are installed.
In cases involving a site utilizing its own private water supply and distribution system resulting in the production of domestic type wastewater, the City shall bill on flow estimates calculated on the basis of an average flow.
SECTION 4. RATE SCHEDULE
From and after the passage of this ordinance, there will be and is hereby adopted the following water rate schedule for the City of Midway, Georgia.
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1) Monthly Billing Rates and Charges for Water
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Minimum $ 7.50 per REU* Inside City
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Minimum $ 8.25 per REU* Outside City
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Quantity
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$ kgal – Inside the City
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$ kgal – Outside the City
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0 to 5 kgal*
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1.50
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1.65
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6 to 10 kgal
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1.65
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1.80
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11 to 15 kgal
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1.65
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1.80
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16 to 20 kgal
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1.65
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1.80
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21 kgal and Up
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1.85
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2.05
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* kgal = 1000 gallons REU = Residential Equivalent Unity
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2) Monthly Billing Rates and Charges for Water
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Minimum $ 9.50 per REU* Inside City
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Minimum $ 10.50 per REU* Outside City
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Quantity
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$ kgal – Inside the City
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$ kgal – Outside the City
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0 to 5 kgal*
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2.00
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2.20
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6 to 10 kgal
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2.15
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2.35
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11 to 15 kgal
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2.15
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2.35
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16 to 20 kgal
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2.15
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2.35
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21 kgal and Up
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2.30
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2.65
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* kgal = 1000 gallons REU = Residential Equivalent Unity
3) Overhead Sprinkler System
The charge for any overhead sprinkler systems installed in any facilities inside the city limits other than single family residences shall be five dollars ($5.00) per month for any area up to and including ten thousand (10,000) square feet and fifty cents ($0.50) per additional one thousand (1,000) square feet. The charge for any overhead sprinkler systems installed in any facilities outside the city limits other than single family residences shall be five dollars and fifty cents ($5.50) per month for any area up to and including ten thousand (10,000) square feet and fifty-five cents ($.55) per additional one thousand (1,000) square feet.
4) Tap-in Fees
(a) Water and wastewater tap-in fees shall be charged on the basis of residential units or residential equivalent units according to the tap-in fees listed hereinafter. Any fractional units resulting from the calculation of residential equivalent units shall be treated as a whole unit. ill addition to the tap in fees, installation fees shall be charged in accordance with schedules listed hereinafter. Installation fees shall cover only connection to existing mains that are adjacent to location to be served; the actual costs of any extensions necessary shall be charged in addition to tap-in and installation fees. All fees and charges shall be paid by the customer or customers at whose request the connection is made.
(b) Water tap-in fees shall be charged as follows:
i. Inside the city. The fee is two hundred seventy five dollars ($275.00) for each residential unit or residential equivalent unit.
ii. Outside the city. The fee is three hundred five dollars ($305.00) for each residential unit or residential equivalent unit.
(c) The water tap-in fee for connecting to water mains for fire protection purposes shall be as follows:
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Inside City Limits
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Outside City Limits
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2"
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Tap
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$ 600.00
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$ 660.00
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3"
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Tap
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$ 800.00
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$ 880.00
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4"
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Tap
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$ 1,000.00
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$ 1,100.00
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6"
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Tap
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$ 1,200.00
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$ 1,320.00
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8"
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Tap
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$ 1,400.00
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$ 1,540.00
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12"
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Tap
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$ 1,600.00
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$ 1,760.00
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(d) Sewer tap-in fees shall be charged as follows:
i. Inside the City. The fee is five hundred dollars ($500.00) for each residential unit or residential equivalent unit.
ii. Outside the City. The fee is five hundred fifty dollars ($550.00) for each residential unit or residential equivalent unit.
(e) City water and sewer installation fees:
The City may authorize licensed plumbers to install connections to water or wastewater facilities upon written application. Water meters shall be supplied to authorized plumbers at cost; all other related accessories for water or sewer connections may also be supplied to authorized licensed plumbers. The City shall require payment of installation fees as listed herein or reimbursement of actual costs for any installations not specifically covered. All work done by other than city personnel shall be done only under the supervision of licensed plumbers authorized to perform such work. The City shall require that all installation is performed in accordance with specifications and/or standards conforming to sound engineering practices; in the event that such installation is not made in accordance with specifications and/or standards, the City will require the installation to be corrected or removed and reinstalled as necessary.
i. Water installation fees for making taps into the city water mains or water lines and installing water meters or providing water meters for plumbers to install shall be in accordance with the following schedule:
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Installation by
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Meter Size
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City
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*Plumber
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5/8"-3/4"
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$ 600
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$ 250
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1"
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$ 700
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$ 350
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1 1/2"
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$ 2,000
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$ 1,000
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2”
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$ 2,500
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$ 1,200
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* Installation by plumber is meter and related material cost only
Installation fees for meters larger than two inch shall be charged on the basis of reimbursement to the city for all actual costs incurred in making the installation.
ii. Sewer installation fees for making connections to the city sewerage system and installing service lines shall be in accordance with the following schedule:
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Installation by
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Tap Size
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City
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*Plumber / Inspection Fee
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4”
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$ 700
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$ 150
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6”
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$ 900
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$ 150
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8”
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$ 2,000
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$ 150
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Installation fees for installations requiring additional facilities including but not limited to manholes or flow metering installations shall be charged on the basis of reimbursement to the city for all actual costs incurred in making the installation.
SECTION 5. BACKFLOW PREVENTION, PUBLIC WATER SUPPLY
(1) No water service connection to any premises shall be installed, maintained, or permitted by the City unless the water supply is protected as required by State laws and regulations and this Chapter. Service of water to any premises shall be discontinued by the City should a backflow prevention device required by this Chapter not be installed (or not be installed as designed), tested and maintained, or if it is found that a backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises. The user shall be notified in writing that he has thirty (30) days from the date of the communication to correct the condition or defect. At the expiration of the thirty-day period, the service will be disconnected if corrective action has not been taken. Should it be determined that there could be a possibility of high-hazard contaminants entering the City water system, service will be disconnected immediately, without waiting said thirty day-period, and the user shall be promptly notified in writing that service will not be reconnected until corrective action has been taken.
(2) Should it be determined that the installation of the water facilities of a user have not been made in accordance with plans approved by the City when application for service was made, where such approval is required pursuant to this Chapter, service shall be discontinued immediately.
(3) Each service connection from the public water system supplying water to premises having an auxiliary water system shall be protected against backflow of water from the premises into the public water system.
(4) Each service connection from the public water system supplying water to premises on which any substance is or may be handled in such a manner as to create an actual or potential hazard to the water system shall be protected against backflow of the water from the premises into the public system. This shall include premises having industrial piping systems handling industrial fluids or process water, or waters originating from the public water supply which have been subject to deterioration in sanitary quality or any other premises or circumstances where a hydraulic linkage may occur permanently or temporarily connecting a source of contamination or pollution to the public water system.
(5) The protective device required shall be an approved reduced pressure principle backflow preventive device, or a double check-valve assembly, that has been designed, constructed, and tested to be operative in accordance with nationally accepted standards. Backflow prevention devices required hereunder shall be approved by the City and shall be installed by and at the expense of the user. The devices shall be installed in an accessible location and in a manner approved by the City. The user shall regularly test and service such devices and maintain them in satisfactory operating condition and shall overhaul or replace such devices if they are found to be defective.
(6) Typical installations requiring an approved backflow prevention device shall include, but not be limited to, the following examples:
(a) Service connections to any premises where there is an auxiliary water supply.
(b) Service connections to any premises on which "industrial fluids" are handled in a separate system and there is or may be an actual or potential cross connection on the premises.
(c) Service connections to any premises on which there is a sewage treatment plant, including privately owned sewage plants in buildings, sewage pumping stations, and storm water pumping stations.
(d) Service connections to a hospital, medical or dental building, mortuary, multistory apartment, or office building, or other similar premises where the City determines that an actual or potential hazard exists.
(7) It shall be the duty of the Director of the Water and Sewerage Department, or his designated agent, to implement and enforce the provisions of this Section and to develop and implement an effective cross-connection control program in accordance with EPD regulations and guidelines, to ensure that no connections with unapproved water sources or cross-connections with non-potable systems are made to the public water system; and they shall have legal authority hereunder to enter and make inspections of any new premises pending application for water service or new existing premises connected to the public water system, to approve or disapprove existing or new installations, to require the submission of plans for new construction where appropriate and to approve or disapprove the same, to make periodic inspections of all connections to the public water system, and to order the termination of water service when such termination is authorized hereby.
SECTION 6. METER READING-BILLING-CONNECTING.
Bill to consumers for water and sewer service shall be mailed once per month on a date determined by the City. Payments may be mailed or paid at the City Hall. Failure to receive bills or notices will not prevent bills from becoming delinquent nor relieve the consumer from payment.
(1) Utility bill is due by the posted due date listed on the bill. Account unpaid by due date will be accessed a penalty of 10% of the unpaid balance.
(2) Nonpayment within twenty (20) days from the due date will result in the water service being disconnected.
(3) In the event that service has been cut off for nonpayment of any city utility bill or other action resulting in unauthorized use of city services, service shall not be restored until the unpaid bill and service fees provided by this section are satisfied. Before service is restored, the following service fees shall be paid by the user cumulatively for each action taken to prevent unauthorized use of city services.
(a) An additional security deposit equaling to 2 1/2 times the average (12-month) bill.
(b) Turn-on after a delinquent cut-off $ 50.00 (regular hours)
$ 100.00 (after work hours)
(c) Locking meter $ 35.00
(d) Removal of meter $ 60.00
(e) Removal of straight line $ 80.00
(f) Removal of unauthorized relocated meter $ 125.00
(g) Cutting off water at main $ 300.00
Payment of these fees shall not exempt any user from any civil or criminal action resulting from violations of this chapter.
SECTION 7. ADJUSTMENT IN BILLING.
The water clerk shall be authorized to make equitable adjustments in billings for wastewater services only in cases where leaks in pipes and plumbing facilities result in increased billings without fault on the part of the customer. Such adjustments shall be made based on an average of prior billings only after repairs have been made as certified by a licensed plumber, and shall be limited to three months' billings.
SECTION 8. DISCONTINUANCE OF SERVICE.
The service under any application or contract may be discontinued for any of the following reasons:
(1) Any misrepresentation in application as to property or fixtures to be supplied, or the use to be made of the water supply or character of waste discharged into the sanitary wastewater system;
(2) Use of water for any other property or purpose than that described in the application;
(3) Willful or negligent waste of water through improper or imperfect service pipes, fixtures, meters, private fire protection systems or otherwise;
(4) Failure to protect the connection, service lines and fixtures, or to maintain them in good order;
(5) Non-payment of account for water or sewer service or any fee or charges as required by this ordinance.
(6) Tampering with any equipment of the Water and Sewer Department.
(7) Vacancy of premises.
(8) Violation of any provisions of this utility ordinance.
(9) Turning off or on water at the "water main" or "water connection" or curb stop, by any unauthorized person, or for disconnecting or removing the meter, without the prior written consent of the City.
The City shall have authority to order the temporary discontinuance of water or wastewater service in any emergency, under exigent circumstances, or whenever such discontinuance is necessary to protect life, health or property or to prevent immediate interference with the City systems.
In all other circumstances service shall be discontinued only after five days' written notice delivered to an adult person occupying the premises served or posted in a conspicuous place thereon, stating the reason for discontinuance and informing the user of his right to a hearing before the Director upon within such five working days during regular business hours.
SECTION 9. DISCONTINUANCE OF SERVICE-CUSTOMER'S REQUEST.
(1) At customer's request, when water/sewer service is discontinued and all bills paid, security deposits shall be refunded to the consumer by the City within 30 days.
(2) Upon discontinuance of service for non-payment of bills, the security will be applied toward settlement of the account. Any balance will be refunded to the consumer; however, if the security deposits insufficient to cover the bill, the city may proceed to collect the balance in the usual way provided by law for collection of debts.
SECTION 10. MINIMUM CHARGES.
The minimum charge, as provided in the rate schedule, shall be made for such connection subscribed for. Water furnished for a given lot shall be used on that lot only and, except for fire protection; the City of Midway shall not under any condition furnish water free of charge to anyone.
SECTION 11. CITY'S RESPONSIBILITY AND LIABILITY.
The City of Midway shall run a service line from its distribution line to the property line where the distribution line exist or is to be constructed, and runs immediately adjacent and parallel to the property to be served. No service charge, other than the connection fee referred to in Section 3, above, will be made for 5/8" x 3/4" meter. A proportionately greater charge than the connection fee above will be made for a meter of larger dimensions.
(1) The City may make connections to service other properties not adjacent to its lines upon payment of reasonable costs for the extensions of its distribution lines as may be required to render such service.
(2) The City may install its meter at or near the property line or, at the City's option, on the consumer's property within three (3) feet of the property line.
(3) The City reserves the right to refuse service unless the consumer's lines or piping are installed in such a manner as to prevent cross-connections or back-flow.
(4) Under normal conditions, the City of Midway will notify the consumer of any anticipated interruptions of service.
SECTION 12. CONSUMER'S RESPONSIBILITY AND LIABILITY
The consumer members of his household and employees shall use water furnished by the city of Midway for consumption only. The consumer shall not sell water to any other person or permit any other person to use said water. Water shall not be used for irrigation, fire protection, or other purposes, except when water is available in sufficient quantity without interfering with the regular domestic consumption in the area served. Disregard for this rule shall be sufficient cause for refusal and/or discontinuance of service.
(1) Where meter or meter box is placed on the premises of a consumer, the consumer shall provide a suitable place unobstructed and accessible at all times to the meter reader.
(2) The consumer shall furnish and maintain a private cut-off valve to his home.
(3) The consumer's piping and apparatus shall be installed and maintained by the consumer. Installation will be in accordance with the appropriate guidance provided by the offices of Environmental Health and Zoning / Building Inspections.
(4) In order to be received as a consumer and entitle to receive water from the City's water system, all applicants must offer proof that private wells located on their property are not physically connected to the lines of the City's water system. All applicants, by becoming consumers of the City, covenant and agree that so long as they continue to be consumers of the city they will not permit the connection of any private wells on their property to the City's water system.
SECTION 13. ACCESS TO PREMISES AND EXTENSIONS OF SYSTEM.
(1) Duly authorized agents of the City of Midway shall have access at all hours to the premises of the consumer. Access may include installing or removing City property, inspecting piping, reading and testing meters, or for any other purpose in connection with the water service and its facilities, and the sewer service and its facilities.
(2) Extensions to the system shall be made only when the consumer shall grant or convey, or shall cause to be granted or conveyed, to the City of Midway a permanent easement of right-of-way across any property traversed by the water and sewer lines.
SECTION 14. CHANGE OF OCCUPANCY.
(1) Not less than three (3) days notice must be given to discontinue water and sewer service or to change occupancy. The notice may be in person, by phone or in writing, the outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longer.
(2) The new occupant shall apply for water service within 48 hours after occupying the premises. Failure to do so will make him liable for paying for water consumed since the last meter reading.
SECTION 15. COMPLAINTS-ADJUSTMENTS.
If the consumer believes his bill to be in error, he shall contact the Utility Clerk at City Hall before the bill has become delinquent. The complaint shall not prevent discontinuance of service. The consumer may pay such bill under protest and said payment shall not prejudice his claim.
The customer has the following options upon request:
(1) Rereading of water meter by City employees. If the original reading is found to be in error, the appropriate adjustments will be made by the Utility Clerk.
(2) Testing of water meter. - If after testing, the water meter proves to be accurate, the consumer will be billed the total cost for the removal, testing, shipping and handling. If the meter is shown to be defective, there will be no charge for the removal and testing of the meter.
(3) If any person other than City's Official breaks the seal of a meter or if the meter fails to register correctly or is stopped for any cause; the consumer shall pay an amount estimated from the record of his previous 3 months bills and/or from other proper data.
In the event of a water leak:
(1) The consumer assumes responsibility for all water usage, maintenance, and repair of the water and sewer within the consumer's premises and inside meter connections.
(2) If the consumers' water can be shown not to have been used or leaked into sewer system, the city will adjust the cost of sewer usage to the normal minimum sewer monthly charge.
In the event of a meter or Utility System Tampering:
(1) The consumer will be charged and billed the amount of $200.00 plus the cost of all labor and materials required for repair or replacement to restore meter to proper operation.
(2) If a second offense occurs, the City will proceed with appropriate legal action.
In the event it is found that a resident is using un-metered city water:
(1) All existing metered City water service will be immediately discontinued.
(2) The consumer will be charged and billed in the amount of $500 plus costs of disconnection.
(3) Reconnection will be done upon payment of account balances and meeting the security deposit requirements of Section 9.
SECTION 16. ORDINANCE REVIEW.
Utility fees will be reviewed by the mayor and council no less than every two years or as required to ensure that the current utility fees are in compliance with system operating costs.
SECTION 17. EFFECTIVE DATE.
This ordinance shall take effect from and after date of its passage and ratification by the Mayor and City Council of the City of Midway, Georgia.
SECTION 18. CONFLICTING ORDINANCES.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
