Ordinance No. 97-10 | An Ordinance Relating to the Water & Sewer Commission
TOWN OF BREITUNG
AN ORDIANCE RELATING TO THE WATER & SEWER COMMISSION;
RULES, REGULATIONS, RATES, CHARGES AND COLLECTIONS
This Ordinance provides in relevant part:
- That, charges for Township utility services shall become a lien against the property when more than 45 days past due and the Township Clerk certifies such past-due amount to the County Auditor when authorized to do so by a Resolution of the Board of Supervisors.
- That, charges for Township utilities not fixed by the Commission shall be fixed by the Board of Supervisors.
- That, no connection shall be made for Townships utilities until consent has been received from the Township to allow such connection.
- That, the Township utilities may be shut off or disconnected if:
- The owner or occupant has violated a requirement or ordinance of the Township relative to utility services
- Any charge for utilities remains unpaid after notice.
- Fraud or misrepresentation by the owner or occupant in connection with an application for utility services.
- That, the owner or occupant is deemed to consent to the Township employees to allow such employees to enter at to enter at reasonable times for inspection of Township utility services.
THE ENTIRE ORDINANCE IS ON FILE WITH THE TOWNSHIP CLERK. THE ENTIRE ORDINANCE MAY BE INSPECTED AT THE OFFICE OF THE TOWNSHIP CLERK. COPIES OF SUCH O RDINANCE MAY BE REQUESTED, IF DESIRED, BY CALLING 218-753-6020.
TOWN OF BREITUNG & TOWN OF BREITUNG
WATER AND SEWER COMMISSION
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS
SECTION 1. Definitions.
As used in this Chapter, the following words and terms shall have the meanings stated:
- “Utility” means township-owned facilities or furnished by the Township of Breitung water and Sewer Commission.
- “Township Utility” means any township-owned utility system, including, but not limited to, water, sewer and refuse service.
- “Company”, “Grantee” and “Franchisee” mean any public utility system to which a franchise has been granted by the Township.
- “Consumer” and “Customer” mean any user of a utility.
- “Service” means providing a particular utility to a customer or consumer.
- “Water and Sewer Commission” refers to any specific references herein to the Town of Breitung and shall include the Town of Breitung acting through the Water and Sewer Commission where the language or context clearly indicates such reference.
SECTION 2. Fixing Rates and Charges for Township Utilities.
All rates and charges for Township utilities, not fixed by the Water and Sewer Commission, shall be fixed, determined and amended by the Board of Supervisors and adopted by resolution. Such resolution, containing the effective date thereof, shall be kept on file and open to inspection in the office of the Township Clerk and shall be uniformly enforced. For the purposes of fixing such rates and charges, the Board of Supervisors may categorize and classify under the various types of services, provided that such categorization and classification shall be included in the resolution authorized by this Section.
SECTION 3. Contractural Contents.
Provisions of this Chapter relating to Township utilities shall constitute portions of the contract between the Township and all consumers of the Township utility services, and every such consumer shall be deemed to assent to the same.
SECTION 4. Rules and Regulations Relating to Township Utilities.
Subd. 1. – Application, Connection and Sale of Service
Application for Township utility services shall be made upon forms supplies by the Township, and strictly in accordance therewith. No connection shall be made until consent has been received from the Township to make the same. All Township utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates.
Subd. 2. – Discontinuous of Service
All Township utilizes may be shut off or discontinued whenever it is found that:
- The owner or occupant of the premises serviced, or any person working on any connection with the Township utility systems, has violated any requirement of the Township Ordinance relative thereto, or any connection therewith, or,
- Any charge for a Township utility service, or any other financial obligation imposed on the present owner or occupant of the premises service, is unpaid after due notice thereof, or,
- There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor.
Subd. 3.- Ownership of Township Utilities
Ownership of all Township utilities, plants, lines, mains, extensions and appurtenances thereto, shall be and remain in the Township and no person shall own part or portion thereof. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in Township ownership.
Subd. 4. – Right of Entry
By applying for, or receiving, a Township utility service, a customer irrevocably consents and agrees that any Township employee acting within the course and scope of his/her employment may enter into and upon the private property of the customer, including dwellings and other buildings, at