The Independent-News, Volume 114, Number 14, Walkerton, St. Joseph County, 1 September 1988 — Page 8

- THE INDEPENDENT NEWS - SEPTEMBER 1, 1988

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ORDINANCE NO. 1988-05 AN ORDINANCE ADOPTING RULES AND REGULATIONS GOVERNING WATER SERVICES. WHEREAS, the Board of Trustees of the Town of Walkerton, Indiana, now finds that the existing rules and regulations governing water services are inadequate; and WHEREAS, an Engineering Study of the Town’s water system has resulted in the Consulting Engineer recommending a series of proposed Rules and Regulations; and WEREAS, the Public Service Commission of Indiana has no jurisdiction over the adoption of such Rules and Regulations; NOW THEREFORE BE IT ORDAINED by the Board of Trustees of the Town of Walkerton, Indiana: Section 1. That the proposed Rules and Regulations governing water services, marked Exhibit “A” and attached hereto and made a part hereof, be and the same hereby are adopted as rules and regulations governing water services and the waterworks system in and for the Town of Walkerton, Indiana. Section 2. The Waterworks Rules and Regulations previously in force shall remain in force except as modified by Section 1 hereinabove. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage and published as required by Law. ORDAINED AND ENACTED by the Board of Trustees of the Town of Walkerton, Indiana, this 18th day of July, 1988. BOARD OF TRUSTEES TOWN OF WALKERTON, INDIANA Maggie Gaddis, Trustee Walter L. Heil, Trustee Leonard Jaske, Trustee Cheryl A. Rizek, Trustee Gregory A. Williams, Trustee ATTEST: Judith R. Hiler, Clerk-Treasurer EXHIBIT “A” TOWN OF WALKERTON, INDIANA PROPOSED RULES AND REGULATIONS GOVERNING WATER SERVICE. Section 1. Application. The Rules and Regulations of the Town of Walkerton, as amended and supplemented from time to time, shall govern all water service rendered or to be rendered by the Town of Walkerton, shall be binding upon every Customer, and shall constitute a part of the terms and conditions of every contract for water service, whether expressly incorporated therein or not or whether or not a signed application for water service is on file. Sectioa2. Definition*. The following words, as used in these Rules and Regulations, have the following meanings: “TOWN” — The Town of Walkerton. “A CURB STOP, OR SER VICE STOP” is a valve inserted in the service pipe near the curb or main for the purpose of turning water on or off to the premises supplied or to be supplied. “CUSTOMER” means the nerson. firm, corporation, association, Governmental Agency, or other political subdivision of the State, either as tennant or owner, which has been, is being, or is to be supplied with water service by the Town. (1) Residential Customer means those persons receiving and paying for service exclusively for residential purposes. (2) Non-residential Customer means those persons, firms, corporations, associations, Governmental agencies or other political subdivisions of the State receiving and paying for service other than for residential purposes. "A DISTRIBUTION MAIN” is the pipe owned by the Town

which delivers water to (a) fire hydrants, (b) fire lines, (c) service pipes, and (d) private mains. “A PRIVATE MAIN” is a privately owned supply main leading from a distribution main to one or more customer's premises. The main is not a part of the Town's system and is maintained by the customers which it services. “A METER” is a device owned by the Town and which measures and records the quantity of water supplied to the Customer. “A MONTH” is the period between any two consecutive regularly scheduled meter readings and billings for water service. Such billings are scheduled at approximately thirty days intervals. “A SERVICE LINE” is a supply pipe leading from the tap in the distribution main to or into the premises supplied or to be supplied. “A TAP OR CORPORATION COCK" is a fitting owned by the Town and inserted in the distribution main to which the service line or private main is attached. "PREMISES” is a dwelling, building, structure, or parcel of real estate which is supplied through a separate service pipe and meter installation. “SERVICE” is supplying water to premises of Customer. “DISCONNECTION” is the termination or discontinuance of water service. “CROSS CONNECTION” is a physical connection between the water supply of the Town and any private supply on the premises of the Customer or any plumbing connection or appliance on the premises of the Customer through which the Town supply could become contaminated or chemical of physical properties changed. “INTERRUPTION OF SERVICE” is the temporary discontinuance of service due to emergency, construction or maintenance requirements of the Town, erties changed. Section 3. Rates, Rules and Regulations Availability. A copy of all rates, rules and regulations under which water service will be rendered is filed for the convenience of the Public in the office of the Town Clerk-Treasurer. Section 4. Contracts For Service. (a) A written application for service or of contract properly executed may be required from customers (including contractors and builders) before the Town will supply service. However, the Town shall have the right to reject for any valid reason, an application. Where unusual construction or equipment expenses will be involved in furnishing the service, the Town may require the contract to be for an appropriate period of time specified by the Town when the contract is executed. A contract charge, which includes the initial turn-on of service, shall be added to the first months bill for water service. (b) It is understood that any application for service accepted by the Town is subject to a distribution main being, or being made available adjacent to the premises and subject to the terms of any and all contracts concerning the main in force at the time of application. (c) No promise, agreement or representation by any agent of the Town shall be binding upon the Town unless the same shall have been incorporated in a written contract signed and approved by an agent of the Town authorized to sign such contract on behalf of the Town. (d) The benefits and obligations under any contract for the supply of water by the Town shall begin when the Town commences to supply water service. A person who made a contract

for water service to premisers shall be held liable for all water service furnished to such premises until such time as the Town is properly notified to discontinue the service for his account and a final reading of the meter is obtained. The Town shall obtain such final reading as soon as possible. (e) Contracts for water service will cover only the premises and uses applied for. Customers shall not sell or give away water or grant privileges to use water to anyone not specifically included in the contract under penalty of discontinuance of service. (f) Upon request, the Customer shall provide information to the Town concerning the devices that are to be connected to the Town’s distribution main and the location of the premises. The Town may request the customer to provide Plans and Specifications covering the construction on the premises. Section 5. Classes Os Service. The Town has two classes of service: (1) A service to supply metered water to residential customers, industrial, and municipal users; (2) Non-residential Customers for commercial, industrial, municipal, fire protection uses, sprinkler installations, tank truck filling, contractors and Customers service other than residential. All services shall fall into one or the other of these classes. Section 6. Deposits. The Town may require from each applicant for service a cash deposit equal to his estimated billing for a period of four (4) months, but not less than $50.00, as a guarantee against the non-payment of bills for service. Such deposit shall remain with the Town, without interest for the time service is to be supplied, except where Customer has established acceptable credit with the Town. In this case the deposit will be refunded upon request. Any customer who has failed to pay all charges for service rendered within the specified payment period may be required, upon five (5) days written notice, to make a cash deposit in an amount equal to an estimated charge for four billing periods for the premises served. If such cash deposit is not made within the five (5) day period, disconnection may be made. The Town may, but shall not be required, to apply the Customer’s deposit to payment of water bills or any other charge. The deposit, where chargeable, shall be applied against the final bill when service has been terminated. Any outstanding credit balance shall be billed to the Customer. Any deposit made by the Customer (less any lawful deductions) which has remained unclaimed for seven (7) years after the Town has made diligent efforts to locate the person who made such deposit or the heirs of such person, shall be presumed to be adandoned and treated in accordance with the laws of the State of Indiana. Section?. Service. (a) Until a contract for water service has been executed and a meter has been installed, water shall not be turned on at any premises by anyone but a Town water employee or authorized representative. No person except an authorized employee of the Town Water Department, fire department, or any other person authorized by the Town shall open, operate or remove the nozzle cap from any hydrant to which water is supplied by the town. When water is required by a plumbing contractor to test plumbing before a water contract has been executed and a meter installed, a permit shall be obtained by the plumbing contractor. It is a violation by the plumbing contractor. It is a violation of both the Towns Rules and Regulations and the Walkerton Municipal Code for

any one except a Water Department employee or authorized representative to make such turn-on. (b) A violation of this rule will subject the offender to the penalty provided in the Municipal Code and to payment for the water consumed at the rate of SIO.OO per day during the period the water was turned on without authority from the Town. (c) In order to determine that no open spigot or fault exists in the plumbing, a representative of the builder must be on hand at the site of the building before water will be turned on by Town personnel. When additional visits must be made to turn on the service, an additional charge will be made. (d) When Water service is to be transferred and meter has been left in for the convenience of the Town with the service shut off at the valve ahead of the meter, the valve shall be sealed and only an employee or the Town Water Department is authorized to break and seal the seal and provide service. (e) The Customer must notify the Town when the billing is to be transferred to a new customer, otherwise, the original Customer will be billed until such record of transfer is made available to the Town. Section 8. Service Connection*. (a) Where large connections are made as a part of the initial installation of “on-site” mains, they may be installed by the developer. All other connections or taps shall be made by Town personnel at the expense of the customer or developer. Charges for 1” services will be at a standard rate as established by the Town and on file with the Town Gerk and may from time to time be revised to reflect current costs. For sizes larger than 1”, the actual expense plus 20% for overhead will be charged. A Tap Order shall be obtained from the Town for each service connection. (b) When an individual service is sought for acreage or developed areas inside or outside the corporate limits of the Town of Walkerton, the following water users, listed by type of occupancy, shall pay a “User” contribution to partially reimburse the Town for the supply, treatment, pumping, and storage facilities which are required to furnish water to new installations. This contribution shall be paid into the Town of Walkerton Water Works “Water Facilities Expansion Fund”, which is a depository for said contributions. The funds accumulated will be used only to assist in financing the cost of construciton of the above described facilities when they are required. Payment of the contribution may be by lump sum or may be prorated by contract over a period of time and added to the monthly water bill. The "Equivalent” user unit of (1) is based on a single family residence, and the “equivalent” user contribution is hereby initially established at Two Hundred Dollars ($200.00). The “User Contribution” shall be applicable in graduated steps over a period of years — 25% in 1988, 50% in 1989, 60% in 1990, 70% in 1991, 80% in 1992, and 100% in 1993, and thereafter. The units listed below will presently pay a contribution based on the multiplication of the listed decimal times the established user contribution. The equivalent user contribution as well as the multiplication factors listed below may, from time to time, be updated and changed by the Board of Trustees. Equivalent User Contribution Multiplier Water User and Unit Airports — 0.03/Passenger/ Day. Apartments — 0.80/ Apartment. Barber Shop — 0.25 Chair.

Bars and Cocktail Lounges — 0.12/Seat. W/Restaurant Add. — 0.13/ Seat. Beauty Shops — 0.70/Chair. Bowling Alley — 0.40/Alley. W/Bar Additional — 0.50/Alley. Car Washes — 0.018/Sq. Ft. Inside. Churches — 0.008/Member. Dentist Office— 2.5 Chair. Drive-In Restaurants — 0.12/ Car Space. Drive-In Theatres — 0.20/Car Space. Retail Space — 0.20/per 1000 Sq. Ft. W/Fountain Service Additional — 0.05/Seat. Duplex Residence — 2.0. Institutions other than Hospitals — 0.60/Bed. Laundry (Commercial) — 35.0. Laundrette — 2.0/Machine. Mobile Home Park — 1.0/Unit. Motels — 0.90/Room. Offices — 0.25/per 1000 Sq. Ft. Physicians Office — 1.0/Examing Room. Restaurant — 0.10/Seat. Rooming House — 0.30/Renter. Service Stations — 1.5/Island. Single Family Residence — 1.0. Swimming Pools (Commercial) — 10.0/1000 Sq. Ft. Theatre — 0.10/Seat. Town House — 1.0/Unit. Contributions of users not listed will be computed based on estimated usage. All users shall also be billed a monthly water rate according to established rates on file with the Town Gerk. Except for single family residential users where a user has consumed metered water for a continuous 18-month period, the Town will review its contribution set forth based upon usage for the preceeding 12-month metered period, and will adjust the unit contribution in accordance with actual usage, either upward or downward as the metered usage reflects. This adjustment will fix the unit contribution for the particular user and no further adjustments will thereafter be made. For the purpose of a single family residence will be considered as 5,000 gallons per month. (c) Each connection to the distribution main shall be installed so that a line perpendicular to the long axis of the main at the connection will intersect the meter location. Under certain conditions (such as locations where mains are not laid in a straight line or where buildings are not parallel with the street) the connection may be located so a line perpendicular to the face of the building will intersect both the meter and the connection. A valve shall be installed immediately adjacent to the main for connections larger than 2”. A corporation stop shall be inserted in the main for connections 2” or smaller. Maximum size corporation tap for a 6” main is 1”, for 8” and 10” mains, 116”, and for larger mains 2”. For larger size services up to 2” and 6, 8 and 10" mains, multiple taps or saddles may be used. (d) For each service, a valve shall be installed near the property line in the public right-of-way. For services 2” and smaller, the Town will furnish and install the service pipe from the main to the curb stop. The Town reserves the right to locate the stop at: (1) the curb line, (2) inside line of the sidewalk, or (3) at the property line, whichever, jn the judgement of the Town will provide the most satisfactory locations for the curb stop and service box. For connections larger than 2”, the Customer or developer shall furnish and install the service stop and service pipe from the valve at the distribution main to the property line. Service stop shall be located as directed by the Town. All valves, pipe, and valve boxes shall conform to requirements of the Town’s “Materia) Specifications”. Depth of cover for ser-