The Independent-News, Volume 114, Number 14, Walkerton, St. Joseph County, 1 September 1988 — Page 10

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) - THE INDEPENDENT-NEWS - SEPTEMBER 1, 1988

(1) The number of sprinkler heads to be served. (2) The sizes and locations of the system piping. (3) The sizes and locations of all connections to the Town’s distribution mains. (4) The sizes, locations and types of all valves. (5) The sizes and locations of all hose connections, reels or cabinets. (6) The sizes and locations of storage tanks connected to the system. (7) The outlet sizes and locations of all fire hydrants. (8) The maximum flow rate in gallons per minute recommended by the Insurance Underwriters. (b) All fire protection lines within buildings shall be installed in such manner that all pipes will be easily accessible for inspection at any time. Underground pipes outside of buildings must be placed and maintained at a minimum depth of four and one-half feet. No connections with a fire protection system will be permitted to supply water service for commercial or industrial use, unless the connection has been approved by the Customer’s fire underwriter, the Town, and the commercial or industrial use is metered. A private fire protection system without a tank shall be equipped with an alarm valve and a check valve. A system with a tank shall have one alarm valve and two check valves. Section 16. Thawing Frozen Services. (a) The thawing of frozen Customer service lines shall be the responsibility of the Customer. (b) When a distribution main is found to be frozen, the Town will thaw at its expense the service line connected with that part of the main which is frozen. (c) At the request of any Customer, or upon the Town’s initiative, the Town will make an investigation (but not including any digging) and inform the Customer of any conditions found upon the premises which might cause the freezing and advise him of the steps necessary to remedy such conditon. Section 17. Special Services. (a) A special service is a temporary service which is expected to terminate within 30 days after connection. For all special services such as filling swimming pools, large stationary tanks, circuses, carnivals, shows, etc., regular water rates plus the meter installation charge plus any connection expenses shall be charged. For temporary use of a fire hydrant, a special permit is required. Fire hydrant use is reserved for ' emergencies only and a special inspection charge after each use will be required in addition to the permit charge and a refundable deposit for loan of a hook-up assembly. (b) A flat charge shall be made for filling a tank truck. This charge shall be a single fee of $15.00 for service plus the following charge for water for each tank filled: For trucks with capacity up to 5,000 gallons — $15.00. For trucks with capacity over 5,000 gallons — $25.00. At regular established water rates. For other miscellaneous special services: charges as filed with the Town will be made. For services not filed, the actual cost to the Town to perform the service plus 20% overhead will be charged. These charges may from time to time be revised by the Town to Reflect current costs. Section 18. Dlncontinaanc* Os Service. (a) Whenever a Customer desires to have service discontin-

ued, he shall notify the Town sufficiently in advance of such desire and of the date on which service is to be discontinued, to provide a reasonable time for the Town to obtain the final meter reading. (b) There will be no abatement of charges in whole or in part by reason of the extended absence of the customer or for any other cause unless the Town has been notified to turn off the water. (c) When service is temporarily discontinued at the request of a Customer, a serviced charge of Ten dollars ($10.00) to cover the expense of turning the water off and on will be made at the time water is turned on. This charge may from time to time be revised by the Town to reflect current costs. This charge will be included in the first monthly bill following the turn-on. (d) Where a Customer has entered into a contract with the Town to take service from the Town for a definite period of time specified or provided for in such contract. Customer shall fulfill contract or make such adjustment satisfactory to the Town. (e) The Town may discontinue the service of any Customer for any of the following reasons: 1. If a condition dangerous or hazardous to life, physical safety or property exists; or 2. Upon order by any court, or other duly authorized public authority; or 3. If fraudulent or unauthorized use of water is detected and the Town has reasonable ground to believe the affected Customer is responsible tor such use; or 4. If the Town’s regulating or measuring equipment has been tampered with and the Town has reasonable grounds to believe that the affected Customer is responsible for such tampering. 5. For any use of water unauthorized by the Town. 6. For unapproved crossconnection of a Customer’s water pipes to any other source of water supply or for permitting any condition to exist about the premises that causes or might cause pollution of the public water supply. 7. Where Customer has failed to repair any leak in the service pipe or appurtenances between the property line and the meter, or in any private fire protection system or other unmetered facilities. 8. For any tampering or knowingly permitting any tampering or interference with any service pipe, service stop, meter, meter seal, or other Town equipment or appliances without permission of the Town. 9. For failure to pay in accordance with these rules any water bills or other charges in connection with water utility service installations or facilities. 10. For failure to provide free and non-hazardous access to the premises and meter so that representative of the Town may take meter readings, make all necessary inspections, and maintain, replace, or remove the meter. 11. For failure to maintain approved meter settings, including pits and vaults or where the meter is not protected from damage. 12. For installing a new service pipe and/or appurtenances without a permit from the Town. 13. For failure to comply with the terms of the contract. 14. For violation of any of the Town's rules and regulations. 15. For any lawful reason.

16. When the Town must repair its mains or services. 17. When for any reasons there is a lack of water in the distribution system. Discontinuance of service for any of the above reasons shall not invalidate any contract and the Town shall have the right to enforce any contract notwithstanding such discontinuance. (f) In each case, except those arising under subparagraph 1,2, 6, 16 or 17, the Town shall give written notice of at least five days either mailed to such Customer at his address as shown upon the Town's records or personally delivered to him or a person on the premises, advising the Customer the reason for the proposed discontinuance of service and stating that service will be discontinued if the condition continues uncorrected. In cases provided for in subparagraphs 1, 2,6, 16, or 17, trhe Town may discontinue service without notice. (g) Whenever the service is turned off for reasons other than 1.2, 6, 16, or 17 above, a reconnection charge shall be paid after the condition resulting in the turn-off is remedied and prior to the restoration of service. This charge shall be as determined by the Town and may from time to time be revised to reflect current costs. Where condition requiring turn-off is not remedied prior to arrival of the Town's serviceman at premises, to make the turn-off and Customer then makes a remedy, a service charge rather than a reconnection charge will be made. Service charge shall be one-half the reconnection charge. (h) The remedies provided to the Town in these Rules and Regulations shall not be exclusive and shall be in addition to any other remedies which the Town has at law or in equity. Section 19. Interruption Os Service. The Town shall not be responsible for damages for any failure to supply water service or for interruption of the supply of water, or for defective piping on the Customer’s premises, or for damages resultilng to a Customer or to third persons from the use of water or the presence of the Town’s devices on the Customer’s premises, unless due to fault, defect, or wrong on the part of the Town. Neither party shall be liable to the other for any failure or delay in case such failure or delay is caused by strikes, acts of God, unavoidable accidents or contingencies beyond its control and is not due to fault, neglect or wrong on their part. Section 20. Main Extension Policy. 1. DEFINITIONS: "A DEVELOPER OR OWNER OF REAL ESTATE’’ shall mean the person, firm, company, corporation, governmental unit, charitable or not-for-profit organization or association making application for a permit for a main extension or to use an existing main. “OFF SITE MAINS’’ shall mean mains required to reinforce or extend the present water system to the point(s) where the on-site mains are to be located on public right-of-way or dedicated easements. "OVERSIZING’” shall mean the installation of a main of larger diameter than necessary to adequately furnish water to the specific development in which it is installed. "EXISTING SINGLE FAMILY RESIDENCE" shall mean a structure occupied by a single individual, a single family, or which was suitable for such occupancy. (a) Based upon the main size required to serve the development, the developer shall pay the entire cost of all mains within and bordering upon the development. Where a development utilizes and existing main, the developer shall pay to the Town

the current cost per foot to install a main of the size required by the development times the number of feet of said main within or bordering the development. Should any existing main which borders a development be capable of serving property on the opposite side of the street for which availablility contributions will be required in the future, the developers cost for these mains shall be reduced by 50 percent. (b) All developers requiring a connection to, or an extension or reinforcement of any water supply transmission main, or water distribution main, owned by the Town shall secure a permit and sign a main extension contract prior to connecting to any part of the Town’s system. As a condition of issuance of a permit all requirements of the Town shall be complied with and the cost of construction shall be made to the Town. (c) Refunding of costs for oversizing to meet the Town’s specifications shall be made only for that portion of the oversizing which lies within or adjacent to the area being developed. Costs advanced for reinforcing or extending the Town’s existing water distribution system in order to provide adequate water service to the development shall also be eligible for refunding. All costs advanced by developers which are determined to be eligible for refunding shall be refunded without interest. (d) Where larger mains are required by the Town, the developer or owner of real estate shall be refunded the actual material cost difference between the size of the main specified by the Town and the size required to serve the development. When the increase in size is 4" diameter or less, no additional reimbursement for labor will be made. When the size increase is more than 4’’ in diameter, the following additional refund per foot will be made for labor and equipment: Reimbursement Increase In Per Foot Os Pipe Dia. Pipe Installed 6 $ .50 8 1.00 10 1.25 12 1.50 14 1.75 lb 2.00 18 2.50 20 2.75 22 3.00 24 3.50 (e) The owners of real estate requiring a permit for water services shall submit plans for their on-site water distribution system, including on-site transmission lines, to the Town for their review and approval before start of construction. Plans must comply with the Town’s "design criteria’’ and "material and installation" specifications. All construction and non-construc-tion costs of the on-site system are to be bom by the owners of real estate. During construction of on-site water system, the owners of real estate shall pay the expense of an inspector. The Town will provide the inspector, or may approve, in writing, some qualified person designated by the owners of real estate to serve as the inspector. In any case, the owners of real estate will pay the cost thereof to the Town who will in turn, pay the inspector. Upon completion of construction, the owner shall provide certified "as-built" construction drawings and certified construction costs to the Town. If "as-built" drawings are not provided within one month after completion of construction, the Town may prepare drawings at the expense of the said owners of real estate. (0 All plans for transmision and reinforcing mains to be installed outside the area being developed by the applicant for

water service (e.g., off-site water mains) shall be prepared by the Town. All easements shall be made out to the Town of Walkerton but shall be obtained by, and if necessary, paid for by the owners of real estate. Easements shall also be in a form approved by the Town. (g) The owners of real estate applying for water service shall deposit with the Town adequate funds or surety of payment to pay engineering and appurtenant non-construction project costs prior to the town proceeding with preparation of plans. If the project does not proceed to completion after project costs are established, the money so deposited by the owners or real estate shall be non-refundable to the extent they are required to pay incurred expenses. If funds are in excess of expenses, they will be returned to the owners of real estate making the deposit. (h) If individual applicants for water service in already developed acreage and/or platted subdivisions wish to be served by an existing transmission line and/or a local distribution main, they shall obtain a permit and deposit adequate funds with the Town to pay engineering and appurtenant costs prior to the authorization of the design for the local system extension by the Town and the preparation of estimates or the recipt of bids. If the project does not proceed to completion after project costs are established, the money so deposited by individual applicants shall be non-refundable to the extent they are required to pay incurred expenses. If funds are in excess of expenses, the excess will be returned to the individual making the deposit. All facilities covered by this section of the rule shall be constructed in existing dedicated streets, alleys or easements; or the owners of real estate will obtain the required easements. (i) If already developed acreage and/or platted subdivisions are to be provided water service there shall be added for each individual connection an amount which shall be computed as follows: 1. Where Main Extension is required: each user shall pay a prorated share of the project costs computed on the basis of dividing the entire project cost by the number of water connections desirous of service. Project costs shall include construction costs determined by public Bids, or where main is installed by the Town, shall be the actual cost plus 20% overhead, and non-construc-tion costs. Non-construction costs shall include but not necessarily be limited to legal, engineeering, inspection, permit and easement, and project administrative costs. 2. Where Existing Mains Are Used: each user shall reimburse the Town for the present cost of the size main required to provide service and fire protection to suit his needs for the total front footage of his lot. For comer lots, the front footage shall include the centerline of the street to the property line. For the portion of the front footage where the main can be used by property owners on both sides of the street, the footage shall be reduced by 50%. (j) If a connection is made to any transmission line or existing local distribution system without first obtaining a permit, the individual or owners of real estate will be subject to a charge of $150.00 a day for each day the Connection was unlawfully installed and be required to remove the connection until a permit is obtained. (k) All extensions to the Town’s Water System must be