VILLAGE OF NASHVILLE, MICHIGAN

      THE FRIENDLY VILLAGE 

est. 1869

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Village of Nashville Water Ordinances

  • 01-11-1979-A WATER RATES AND CONNECTIONS/SPECIAL RATES
  • 09-11-1986 MISC. USED CHARGES
  • 01-11-1979-B WATER CROSS CONNECTIONS
  • 08-05-1940 SAFE WATER

ORDINANCE #72 (1-11-1979-A)-(as amended 12-13-2007) - Water Rates

AN ORDINANCE ESTABLISHING RATES, CHARGES AND RULES FOR THE USE, INSTALLATION AND SERVICE OF THE WATER SUPPLY SYSTEM OF THE VILLAGE OF NASHVILLE, COUNTY OF BARRY, MICHIGAN.

THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1. The following monthly rates, fees and charges for the use of and services provided by the Village's water supply system are hear by established:

A. Commodity Charge: $3.01/1,000 gallons (effective 1-1-2008)

BEGINNING IN 2008, THE COMMODITY CHARGE PROVIDED FOR HEREIN SHALL BE ADJUSTED ANNUALLY ON JANUARY 1, TO BE EFFECTIVE ON THE FEBRUARY BILL, BY 5% OF THE CURRENT CHARGE. IF ADDITIONAL INCREASES ARE NEEDED, THEY MUST BE PRESENTED TO AND APPROVED BY THE VILLAGE COUNCIL. (amended 1-2008)

B. Readiness-To-Serve (RTS) and Capital Improvement Fund Charges:
(Ready-To-Serve charges and Capital Improvement Fund charges are placed on any premise were water is available whether they are connected to the system or not)

Size of Meter-Meter Equivalency-RTSr Monthly Charge-Capital Imp. Charge-Total Monthly RTS Charge

5/8"or 3/4" - 1.0 - $13.50 - $4.00 - $17.50
1" - 1.4 - $18.90 - $5.60 - $24.50
1-1/2" - 1.8 - $24.30 - $7.20 - $31.50
2" - 2.9 - $39.15 - $11.60 - $50.75
3" - 11.0 - $148.50 - $44.00 - $192.50
4" - 14.0 - $189.00 - $56.00 - $245.00
6" - 21.0 - $283.50 - $84.00 - $367.50
8" - 29.0 - $391.50 - $116.00 - $507.50

C. Hydrant Rental: $100.00/ per hydrant/per year (amended 3-22-2007)

D. Turn Off/On Charges: A charge of $25.00 shall be imposed by the Village in response to a request to turn on or off water services; provided, however, that if such services are provided other than during normal business hours of the Village in response to a request, the charge shall be time and materials multiplied by 1.10. (amended 1-2008)

E. Special Rates: Water supplied from a Village hydrant shall be charged at the normal commodity charge for water and sanitary sewer service multiplied by 2. Use of a Village hydrant to draw water shall only be permitted with the prior written approval of the Village and shall be subject to any terms or conditions imposed with respect to the approval. Any violation of this subsection shall be a misdemeanor punishable by a fine of up to $500, 90 days in jail and the reasonable costs of prosecution.

F. Multifamily Complex Units: Ready-To-Serve and Capital Improvement Fund Charges for Multifamily Complex Units (apartment buildings) are not based on the meter size. Instead these charges are based on a ¾ inch meter times the number of units in the complex.

Section 1.5 Water Meters

A. Required; exception. All service connections shall be metered, except hydrants on Village streets or Village property.

B. Supply and ownership; connection charges. All meters will be supplied and owned by the Village. The property owner or applicant shall pay any and all charges in connection with the installation of meters in such amount as determined by the Village.

C. Control; interference. Water meters shall be subject to the control of the Village or its authorized employees at all times, and no person shall break the seal of a meter, or in any way interfere with the operation of a water meter, except under the direct supervision of a Village employee.

D. Protection from injury; liability for loss or damage. As a condition of service, the owner of any premises served shall be responsible to take all proper precautions to protect the meter from injury, frost, damage from hot water or steam, heat or any damage whatsoever. The owner of the premises served will be held liable for all loss or damage to the Village due to the failure to properly care for and protect each meter. The owner of the premises served will be held liable for any costs or expenses incurred by the Village in repairing or replacing meters which were injured due to the owner’s failure to protect the meter from injury, frost, damage from hot water or steam, heat or any other damage.

SECTION 2. Billing (amended 11-22-2005)

A. Bills for the rates and charges established by the Village shall be sent monthly. All bills shall be payable on the 10th of the month, and shall be paid at the office of the Clerk of the Village of Nashville. If any charges for the services of the System are not paid by the 10th of the month in which it shall become due and payable, a delayed payment charge of 10 percent of the amount of the bill shall be added and collected therewith. If any bills for the service of the System remain unpaid 30 days after the due date, the water supply for the premises shall be turned off and shall not be turned on again except upon payment of the full amount then due and owing, plus a turn-off/turn-on charge of $30.00. Water\sewer bills will remain in the property owner’s name in accordance with state law. The Village will not turn water off at the request of a third party but only in accordance with the terms of this Section 2 and state law.

B. Where the Village is properly notified in accordance with state law that a tenant/lessee is responsible for water service charges, no such service shall be commenced or continued to such premises until there has been deposited with the Village Clerk a sum sufficient to cover three times the average monthly bill for such premises. In any other case where, in the discretion of the Village Clerk, the collection of charges for water service may be difficult or uncertain, the clerk may require similar deposits. Such deposits may be applied against any delinquent water service charges and the application thereof shall not affect the right of the Village to turn off the water services on the premises for any delinquency. No such deposit shall bear interest, and such deposit, or any remaining balance thereof, shall be returned to the customer when he or she shall discontinue receiving water service.

SECTION 3. ENFORCEMENT (amended 11-22-2005)
The Village Clerk is hereby authorized to enforce the payment of charges for water services to any premises by any means allowable by law, including but not limited to, discontinuing the water service to such premises, or by an action of assumpsit to be instituted by the Village against the customer, or by placing a lien on the lot, parcel of land, or premises affected. The Village Clerk may annually certify all unpaid charges for such service furnished to any premises which remain unpaid for a period of six months to the Village Assessor who may place the same on the next tax roll of the Village. Such charges may be collected in the same manner as general Village taxes. The Village may exercise any or all of these remedies simultaneously in its discretion, as allowable by law.

SECTION 4. INSTALLATION OF WATER SERVICES AND CHARGES THEREON
There shall be a minimum of a 1-inch water service line for each new installation and at least one water meter per new installation. Hereafter, the charge for installing 1" or less meter is $100.00 and the connection fee for a 1" or less water service is $1,514.77. The connection fee for water service and meter over 1" and/or bore shot is $1,514.77 plus time and materials. These rates will be adjusted annually at a 6% interest rate computed on the base fee. All installations shall be to the property line or 60 feet, whichever is shorter, with anything over 60 feet to the property line hereafter being charged on a time and material basis. Multiple dwellings shall be charged for each additional water meter at the regular meter rate. All multiple dwellings shall have one meter for each rental unit, unless the owner of the premises agrees in writing with the Village of Nashville to be responsible for all water billings for said premises. If such later agreement is made, the multiple dwelling shall have as many meters as the owner requests within the provisions hereof, but not less than one meter per separate building.

SECTION 5. It is hereby made the duty of the Village Clerk to render bills for service and all other charges in connection therewith and to collect all moneys due there from.

SECTION 6. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed insofar as the conflicting portions there of are concerned.

SECTION 7. This Ordinance shall be published in full in the Maple Valley News, a newspaper of general circulation in the Village, promptly after its adoption, and shall be recorded in the Ordinance Book of the Village and such recording authenticated by the signatures of the Village President and Village Clerk.

SECTION 8. This amended Ordinance shall become effective twenty (20) days after its adoption or upon its publication, whichever occurs later.

ORDINANCE #9-11-1986 - Misc. Used Charges

AN ORDINANCE ESTABLISHING RATES, CHARGES AND RULES FOR THE USE OF MISCELLANEOUS SERVICES OF THE WATER SUPPLY SYSTEM OF THE VILLAGE OF NASHVILLE, COUNTY OF BARRY, MICHIGAN.

THE VILLAGE OF NASHVILLE ORDAINS:

SPECIAL RATES

There is hereby a special cost rate and a source location established for private purchase of village waters. All private water supplied will be drawn from the village hydrant located in front of the Fire Department. Water drawing must be monitored by a village employee and the transaction must be during regular working hours. Water rate covered under this special rate is to be: Total of regular water rate plus sewer rate times two.

Any unauthorized drawing of water supply from village water hydrants is a felonious act of a public utility and all such actions will be prosecuted.

Passed and adopted by the Village of Nashville, Michigan on this 11th day of September 1986.

ORDINANCE #1-11-1979-B (as amended 3-22-2001) - Water Cross Connections

AN ORDINANCE REGULATING CROSS CONNECTIONS WITH THE PUBLIC WATER SUPPLY SYSTEM, A CONNECTION OR ARRANGEMENT OF PIPING OR APPURTENANCES THROUGH WHICH WATER OF QUESTIONABLE QUALITY, WASTES OR OTHER CONTAMINANTS CAN ENTER THE PUBLIC SUPPLY SYSTEM.

Be it ordained by the Village of Nashville, State of Michigan:

SECTION 1. That the Village of Nashville adopts by reference the water supply cross connection rules of the Michigan Department of Environmental Quality being R 325.11401 to R 325.11407 of the Michigan Administrative Code.

SECTION 2. That it shall be the duty of the Nashville water department to cause inspection to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Nashville water department and as approved by the Michigan Department of Environmental Quality.

SECTION 3. That the representative of the Nashville water department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the Village of Nashville for the purpose of inspecting the piping system or systems thereof for cross connections. On request the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

SECTION 4. That the Nashville water department is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this ordinance exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this ordinance.

SECTION 5. That all testable back flow prevention devices shall be tested initially upon installation to be sure that the device is working properly. Subsequent testing of devices shall be conducted at a time interval specified by the Nashville Water Department and in accordance with Michigan Department of Environmental Quality requirements. Only individuals approved by the Nashville Water Department shall be qualified to perform such testing. That individual (s) shall certify the results of his/her testing.

SECTION 6. That the potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this ordinance and by the state and/or local plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable water system must be labeled in a conspicuous manner as: WATER UNSAFE FOR DRINKING.

SECTION 7. That this ordinance does not supersede the state and/or plumbing code but is supplementary to them.

SECTION 8. That any person or customer found guilty of violating any of the provisions of this ordinance, or any written order of the Nashville water department, in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300 for each violation. Each day upon which a violation of the provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this ordinance.

SECTION 9. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed insofar as the conflicting portions thereof are concerned.

SECTION 10. This ordinance shall be published in full in the Maple Valley News, a newspaper of general circulation in the Village Nashville, promptly after its adoption, and shall be recorded in the Ordinance book of the Village and such recording authenticated by the signatures of the Village President and Village Clerk.

SECTION 11. This ordinance is hereby determined by the Village Council to be immediately necessary for the preservation of the peace, health and safety of the Village and is, therefor, declared to have immediate effect.

PASSED and adopted by the Village of Nashville, Michigan, on this 22nd day of March, 2001.

ORDINANCE #34 (8-5-1940) SAFE WATER

FOR THE PROTECTION OF THE PUBLIC HEALTH AND TO SAFEGUARD THE PUBLIC WATER SUPPLY OF THE VILLAGE OF NASHVILLE, AND IN ACCORDANCE WITH THE REGULATIONS OF THE MICHIGAN DEPARTMENT OF HEALTH, AS EXPRESSED IN BULLETIN NO. 19, ENTITLED, "WELL WATER SUPPLIES OF MUNICIPALITIES," AND IN ACCORDANCE WITH THE SPECIAL RECOMMENDATIONS OF THE MICHIGAN DEPARTMENT OF HEALTH, THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1.

That no privy, outhouse, septic tank, cesspool, leaching pit, sanitary sewer, or any structure which receives stores or disposal of human wastes or excreta, shall hereafter be constructed or placed within two hundred (200) feet of any public water supply well in the Village of Nashville.

SECTION 2.

Any violation of Section 1. of this ordinances is hereby declared to be a public nuisance, and may be enjoined or abated in such manner as the Village Council may from time to time provide by resolution.

SECTION 3.

Penalties for Violation: Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

This ordinance shall take effect on August 26, 1940.

Passed and approved by the Village Council on August 5, 1940

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Last modified: 06/05/08