ORDINANCE
ESTABLISHING SEWER CONNECTION REGULATIONS, TAP
FEES, SERVICE FEES, AND CHARGES FOR THE TOWN OF
THE TOWN OF
BE IT ORDAINED, by the Mayor and Board of Aldermen of the Town of Walls, Mississippi (hereinafter the “Town”), that it is necessary to pass an Ordinance providing for the safe, proper, and correct means by which residential and commercial buildings shall be connected to the Town’s sewer system and for the collection of tap fess, service fess and charges related thereto.
BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the Town that absent the accelerated enactment of such Ordinance, for good cause as set forth herein, the health and safety of the citizens of the Town may be compromised
through improper connection to the Town’s sewer system resulting in unauthorized discharges there from and in order to prevent such dangers to the health and safety of the
Town’s citizens, it is crucial and necessary for such Ordinance to be effective immediately.
WHEREAS, pursuant to Miss. Code Ann. § 21-13-11, The Board of Aldermen and Mayor of the Town of Walls, Mississippi, have the authority to enact such ordinances as are necessary to promote the safety and welfare of the Town of Walls, Mississippi; and
WHEREAS, the Town is a member of the DeSoto County Region Utility Authority (hereinafter the “Authority”) and the Town and the Authority have entered into a Service Agreement whereby the Authority will collect and treat the sewage of the Town; and
WHEREAS, the Town and Walls Water Association have entered into certain contracts whereby the Walls Water Association will bill, collect, and pay to the Town the service fees for the disposal of sewage within the Town’s service area; and
WHEREAS,
the following Ordinance was considered by the Mayor and Board of Aldermen of
the Town of
SECTION I. PURPOSE/LEGISLATIVE INTENT
The purpose of this Ordinance is to provide for the safe, proper, and correct means by which residential and commercial building shall be connected to the Town’s sewer system and for the collection of tap fees, service fees and charges related thereto.
It is the express intent of the Board of Aldermen and the Mayor and of this Ordinance to promote a clean, healthy, safe, and attractive environment in which to live.
SECTION II. APPLICABILTY
This Ordinance shall apply to all connections to the public sewer system within the Town’s service area.
SECTION III. DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, and words shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular numbered words and the singular number includes the plural. The word “shall” is always mandatory and not
merely directory.
(A) “Single family dwelling unit or equivalent” means a building containing only one kitchen, designed for or used to house not more than one family, including all domestic employees of the family.
(B) “Sewer tap” means the action of the Town in installing an opening in a sewer main to accommodate a building sewer connection.
(C) “Sewer” means only those conduits intended to carry sewage and wastewater and does not mean conduits used to carry storm water.
(D) “Building sewer” means a privately owned and maintained conduit that conveys wastewater from a single premise to a public sewer.
(E) “Wastewater” means the spent water from residence, commercial buildings, industrial plants, institutions and business offices, including liquid and waterborne waste, but excluding uncontaminated groundwater, surface water and storm water.
SECTION IV. GENERAL PROVISIONS
(A) A separate and independent building sewer shall be provided for every building that is to be occupied. The minimum size shall be four (4) inches in diameter for a single-family unit.
(B) Only those persons certified as tappers with the Walls Water Association or the Town shall be allowed to connect building sewers to the Town’s sewer system.
(C) All building sewers shall be constructed of materials meeting the standards of the Town and requirements of the Town’s Plumbing Code or the Authority’s requirements.
(D) In the development of residential subdivisions with sanitary sewers, all lots shall be served by connections to the sanitary sewer system either by gravity or by means of a pump or ejector. No individual disposal devices will be permitted.
SECTION V. ESTABLISHMENT,
PAYMENT, AND REVIEW OF RATES,
CHARGES, AND COMPENSATION
The following rates, fees and charges are established, and shall be charges and collected at the time of issuance of the building permit or other special permit or at such other time as agreed to by the applicant and the Town. Payment of rates, fees, and charges are set forth herein shall be based on the fee schedule in effect on the date the appropriate permit is issued. Payment hereunder shall not apply to fee and charges that are included in an assessment district, public improvement district or by the DeSoto County Regional Utility Authority.
(A) Sewer Connection Permit Fee
A sewer connection permit shall be required for all new, altered or relocated sewer connection to the Town’s sewer system. The permit fee shall cover the cost of the Town’s engineering, administration, inspection and associated services. The permit fee is $60.00
(B)
Sewer Service Deposit
(i) The town reserves the right to require a deposit from a customer should the customer’s account become delinquent. A deposit equal to the average two (2) months sewer bill will be required of residential customers who become delinquent on their account.
(ii) The Town reserves the right to require the above deposit from residential customers if the customer service is disconnected for non payment tow (2) or more times in a twelve (12) month period.
(iii) Each multi-family customer, where one (1) meter serves two (2) or more living unites, desiring service shall deposit with the Town a cash deposit equal to the amount arrived at by multiplying the number of unites by the amount of the minimum monthly bill for sewer service for one (1) unit, or forty dollars ($40) whichever is greatest, to serve as a guaranty of the payment of the bills thereafter rendered for sewage disposal system service.
(iv) Each commercial customer desiring service shall make with the Town a cash deposit of forty dollars ($40) or the average of the highest three (3) months cost during the pas twelve (12) months used by the previous customer, whichever is the larger, to serve as a guaranty of the payment of bills thereafter render for sewage disposal system service.
(v) The Town shall retain commercial and multi-family deposits as follows: If the deposit is greater than or equal to $5,000.00, the deposit shall be retained by the Town until final termination of service by the customer. If the deposit is less than $5,000.00, it shall be retained by the Town until the earlier of: 1) Final termination of service by the customer or 2) Thirty-six (36) months of continuous good credit by the customer. Upon
obtaining 36 month of continuous good credit, the Town will refund the deposit from the customer at any time thereafter should the customer’s account becomes delinquent.
(vi) Any customer establishing service shall not be required to place a deposit on the new service address if they have uninterrupted residential service for 18 months, or uninterrupted commercial service for 36 months with the Town at their previous address(es).
(vii) In the event that service shall be discontinued such cash deposit shall be applied as a credit against all amounts then due and owing from the customer to the town, and if
there shall remain any surplus of such deposit, the same shall be returned to the customer. In the event that such deposit is insufficient to pay the amount then owing as aforesaid, the deficiency shall constitute a personal liability of the customer and shall be collectible by such lawful means as may then be available.
(C) Sewer Tap Charge
(i) A charge shall be made for installation by the Town of a sewer tap fitting for each single family dwelling unit or equivalent. A separate tap fee shall be paid for each equivalent unit. The Town shall not be responsible for construction of the sewer service connection or excavation for the tap fitting installation.
(ii) The charge for the installation of a sewer tap for a four-inch connection shall be $750.00.
(iii) The charge for the installation of a sewer tap for a sig0inch or greater connection shall be $1500.00.
(iv) A tap fee shall be charged by the Town for each connection to the public sewer system of the Town for each residential dwelling unit. A connection fee for hotels, motels, commercial buildings for industrial uses or any other structure shall be determined from to time by the Board of Aldermen upon individual application for such tap, depending upon the nature, size, and use to be made by reason of such connection.
(v) Tap fees and permits are not transferable and may be used only on the property to which assigned. Under no circumstance shall a tap fee charge be waived, as said fee is made to provide revenues for the Town in providing sewer service.
If any provision of this Ordinance of the application thereof to any person or circumstances id held invalid, the remainder of the ordinance and the application of such provision will remain in effect to the extend permitted by law.
WHEREAS, the Mayor and Board of Aldermen deem this Ordinance Establishing Sewer Connection Regulations, Tap Fees, Service Fees, and Charges necessary for the health, safety and welfare of the general public and the citizens of the Town of Walls, Mississippi and because the health and safety of the citizens of the Town may be compromised through improper connections to the Town’s sewer system and in order to prevent such dangers to the health and safety of the Town’s citizens, it is crucial and necessary for such Ordinance to be effective immediately.
EFFECTIVE DATE:
These procedures shall become effective as of the date signed by the Mayor as set forth below.
RESOLVED this the _____ day of August, 2006.
_______________________
GENE ALDAY, MAYOR
STATE OF
I, the undersigned Clerk of the Town
of
IN TESTIMONY WHEREOF, witness my
hand and the official seal of the Town of
____________________________
CAROL GRACE, TOWN CLERK