A RESOLUTION ADOPTING
SERVICE RULES AND REGULATIONS
OF
PERDIDO BAY WATER, SEWER AND
FIRE PROTECTION DISTRICT
In recognition of changes made since the original service rules and regulations were published, and the need for all such changes be incorporated into one set of service rules and regulations. Be it therefore resolved by the Board of Directors of the Perdido Bay Water, Sewer and Fire Protection District (here in after called the District), that the Service Rules and Regulations of the District are as follows:
I. TYPES OF SERVICE
(a) The rate schedule set forth below contemplates a single user, such as one family dwelling, one dwelling with appurtenances, or one commercial operation.
(b) Extraordinary circumstances, such as new subdivisions, subdivision extensions, multiple dwelling units, industrial users, etc. shall be governed by special contract agreement made by the Board of Directors.
II. RATE SCHEDULE
(a) For the services contemplated by paragraph I(a) above:
First 0-2000 Gallons $16.80 Minimum Bill + 4% Tax
Next 2001-5000 Gallons $6.50 Per 1000 Gallons + 4% Tax
Next 5001-8000 Gallons $4.70 Per 1000 Gallons + 4% Tax
Next 8001-10,000 Gallons $4.00 Per 1000 Gallons + 4% Tax
Next 10,000 + Gallons $3.45 Per 1000 Gallons + 4% Tax
(b) For the services contemplated by paragraph I(b) above:
First 0-2000 Gallons $16.80 X Number of Units + 4% Tax
Next 2001-5000 Gallons $6.50 Per 1000 Gallons + 4% Tax
Next 5001-8000 Gallons $4.70 Per 1000 Gallons + 4% Tax
Next 8001-10,000 Gallons $4.00 Per 1000 Gallons + 4% Tax
Next 10,000 + Gallons $3.45 Per 1000 Gallons + 4% Tax
III. SYSTEM DEVELOPMENT FEES
(a) For the services contemplated by paragraphs I(a) there will be a $1000.00 System Development fee assessed for each service.
(b) For the services contemplated by paragraph I(b) above there will be a System Development fee of $600.00 assessed for each connection to the districts main trunk lines. In addition to this, there will be a System Development fee of $600.00 assessed for each fire hydrant or flush valve/plug installed. In the case of multiple dwelling and commercial units there will be a $1000.00 SD fee assessed for each unit.
IV. CONNECTION/RECONNECTION FEES AND SECURITY DEPOSITS
(a) There will be a $75.00 connection/reconnection fee assessed on all services contemplated by paragraphs I(a) and (b) above.
(b) There will be a security deposit assessed on all services contemplated in paragraphs I(a) and (b) above. The deposit is as follows:
Property Owner $25.00
Renter $100.00
(c) For multi-unit developments contemplated in Section VII below, there will be a security deposit assessed for each System Development fee calculated.
Deposits will be held on account by the District until Owner/Renter terminates service with the District. At that point the deposit will be refunded to the Owner/Renter when all outstanding and final bills have been paid in full.
V. TAP FEES
(a) Residential Services:
¾ inch service $450.00 + System Development fees and deposit
1 inch service $720.00 + System Development fees and deposit
(b) Single Building Establishments, Stores, Businesses, etc.
¾ inch service $450.00 + System Development fees and deposit
1 inch service $1000.00 + System Development fees and deposit
2 inch service $3000.00 + System Development fees and deposit
3 inch service $13000.00 +System Development fees and deposit
4 inch service $14400.00 + System Development fees and deposit
6 inch service $20000.00 + System Development fees and deposit
(c) Charges for multiple developments (Condominiums, Trailer Parks, Townhouses, etc.)
¾ inch service $450.00 + System Development fees and deposit
1 inch service $1000.00 + System Development fees and deposit
2 inch service $3000.00 + System Development fees and deposit
3 inch service $13000.00 + System Development fees and deposit
4 inch service $14400.00 + System Development fees and deposit
6 inch service $20000.00 + System Development fees and deposit
VI. CONTRACTOR FEES
(a) Contractors wanting to use water from a fire hydrant for temporary service will pay a $100.00 connection fee and $2.53 per 1000 gallons of water used.
VII. REQUIREMENTS FOR MULTIPLE DWELLINGS
(a) Trailer Parks, R.V. or Campsite Park/or Trailer R.V. and Campsite, Park Condominium:
1. The owner of a Trailer Park shall be required to pay one (1) SD fee per one (1) permanent trailer space. The owner of an R.V. or campsite space in a trailer park, R.V. park or campsite park shall be required to pay one (1) SD fee per three (3) spaces, and any number of R.V. or campsite spaces less than three (3) shall be required to pay one (1) system development fee.
(b) Marina and/or Boat Stall:
1. The owner of a marina and/or boat stalls for lease or rent shall be required to pay one (1) SD fee per ten (10) boat slips or boat stalls for lease or rent. A condominium, time share complex, accommodations for lease or rent, hotel, motel or any other commercial enterprise providing boat slips shall be required to pay one (1) SD fee per ten (10) boat slips or stalls.
(c) Hotels, Motels or Accommodations for Lease or Rent
1. The owner of any hotel, motel or any other accommodations for lease or rent shall be required to pay one (1) system development fee per three (3) hotel rooms, motel rooms or other accommodations for lease or rent except that any such hotel, motel or other accommodations lease or rent shall be required to pay one (1) SD fee per (1) room/unit if said room/unit provides kitchen, kitchenette or other similar facilities. Other accommodations for lease or rent do not mean condominium units or time share unit (irrespective of the form of right to possession or ownership).
(d) Condominiums, Time Share and Apartments
The owner, developer, contractor and/or builder of any condominium project time share project (irrespective of the form of right of possession or ownership) or apartment complex shall be required to pay one (1) system development fee per single unit or apartment complex unit, except that boat stalls or slips serviced as a part of said condominium, time share or apartment complex shall be governed by paragraph 1(b) above.
VIII. Requirements For Commercial/Business
(a) The Commercial/Business user criteria for system development fees has been formulated using a gallons per day (GPD) formula. The formula used to arrive at this potential capacity of a commercial/business customer varies depending on the particular type of customer (i.e. shopping center, restaurant, miscellaneous stores/shops, laundry, etc.). Additionally care has been taken to insure that commercial/business customers do not receive any benefits greater than those received by a residential customer and insure that the residential customer does not subsidize the commercial/business program.
(b) The base for calculating each System development fee is the current SD fee for residential users which is based upon the usage rate of 300 gallons per day (GPD) per user as determined by sound engineering principals and adopted by the Alabama Department of Environmental Management.
(c) The following formulas are used to determine the total GPD by which a commercial/business user actually impacts the districts system. These formulas then determine the number of SD fees to be paid in the same method as the residential user (i.e. 300 GPD equals one (1) certified user equals one (1) system development fee.
(d) The appropriate number of system development fees to be paid by a commercial/business user shall be determined as follows:
1. Total GPD (based upon the customer type, calculation basis and formulas set forth below) divided by 300 GPD (basis for impact quantity) equals total number of certified users equals total SD fees to be charged.
| Customer Type |
Calculation Basis |
Formula |
Basis for Impact Quantity |
| Restaurant (Food processing facilities) |
Combination Basis (fixtures/square ft./seats)
Fixture Units (fu) |
Total fu/19 = number of SD fees |
The total of SD fees derived from these three (fu, sf, number of seats) are then averaged for SD total. |
| |
Square Feet (sf)
Contained in patron Occupied Area |
Total sf/15 sf patron = total number of patrons x 30 GPD/patron Total GPD/300 = Total number of SD fees |
300 GPD |
| |
Seat quantity (actual number of patron seats) |
Total number of seats x 30 GPD total GPD/300 = total number of SD fees |
|
| Laundry Facility |
Washer Sizes- Listed by pounds (lbs) |
(lbs) x 2 gal. per lb per cycle x 10 cycles per washer oer day = GPD x number of washers = total GPD /300 = total number of Sd fees |
300 GPD |
| Standard Stores Shopping Center |
Square feet (sf) Gross store area |
75 GPD per 1000 sf gross area
total GPD/300 = total number of SD fees (per store or per standard stores) |
300 GPD |
| Car Wash |
Bays |
Total number of bays x 8 x 20 gal per wash/300 = total number of SD fees |
300 GPD |
| Swimming Pools |
Square Feet (sf) and estimated dragout amounts |
Total sf x .1666 x 7.48/300 = total number of SD fees |
300 GPD |
| *Any specific uses are calculated and then charged based upon application specific customer type noted above. |
(e) The district shall have the right to inspect the premises of any commercial/business user at least quarterly to determine if there has been any change in the customer type. If a commercial/business user has changed its customer type to one or more which would require the payment of a greater number of system development fees than originally paid the utility shall charge and collect such additional SD fees as required by such users upgraded customer type. However in no event will the commercial/business user ever have less capacity reserved than that initially reserved by payment of original system development fees ( and any subsequent payment of SD fees).
IX. APPLICATION FOR SERVICE
(a) The consumer will make application for service, in person at the office of the District and at the same time pay the necessary deposits and fees as required. In the event a corporation, a general or limited partnership or limited liability entity shall request service the District reserves the right to require duly executed authorizations to bind such entity and/or its principals.
X. MINIMUM CHARGE
(a) A minimum monthly charge, as provided in the rate schedule and elsewhere in this document, shall be made for each service.
(b) Water furnished for a given unit or lot, the term lot shall include condominium unit or any other unit or subdivision as defined under these Rules and Regulations shall be used on that lot (or unit) only. Each consumer’s service must be metered as per these Service Rules and Regulations or as required by the Districts superintendent of the District.
(c) The District shall not under any conditions furnish water free of charge to anyone.
XI. DISTRICTS RESPONSIBILITY AND LIABILITY
(a) The District shall run a service line from its distribution line where it exists, or is to be constructed, and runs immediately adjacent and parallel to the property to be served.
(b) The District may make connections to service other properties not adjacent to its lines upon payment of reasonable costs for the extensions of its distribution lines as may be required to render such service.
(c) The District may install its meter at or near the property line, or at the Districts option, on the consumer’s property within three (3) feet of the property line and the consumer shall grant any easements necessary to accomplish service.
(d) The District reserves the right to refuse services unless the consumer’s lines or piping are installed in such a manner as to prevent cross-connections or backflow.
(e) Under normal conditions, the consumer will be notified of any anticipated interruption of services.
XII. CONSUMER’S RESPONSIBILITY
(a) Where the meter or meter box is placed on the premises of a consumer, a suitable place shall be provided by the consumer therefore, unobstructed and accessible at all times to the meter reader, and may be required to grant an easement to the District to accomplish the extension of service.
(b) The Consumer shall furnish and maintain a private cut-off valve on the consumer’s side of the meter, the District is to provide a like valve on its side of such meter.
(c) The Consumer’s piping and apparatus shall be installed and maintained by the customer at the consumer’s expense, in a safe and efficient manner and in accordance with the Districts Rules and Regulations and in full compliance with the sanitary regulations of the State Health Department.
(d) Water furnished by the District shall be used for consumption by the consumer, members of his household and/or employees only depending on the type service extended.
(e) The consumer shall not sell water to any other person or permit any other person to use said water. Water shall not be used for irrigation, fire protection, nor other purposes, except when water is available in sufficient quantity without interfering with the regular domestic consumption in the area served. Disregard for this rule shall be sufficient cause for refusal or discontinuance of service. The consumer shall be required to suspend regular use upon request if within the sole discretion of the Board of Directors a water availability crises exists or is likely to exist unless conservation of the resource is not implemented.
XIII. ACCESS TO PREMISES
(a) Duly authorized agent’s of the District shall have access at all reasonable hours to the premises of the consumer for the purpose of installing or removing District property, inspecting piping, reading and testing meters, or for any other purpose in connection with the District services and facilities.
(b) The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest.
(c) The new occupant will apply for water service within 48 hours after occupying the premises and failure to do so will make him liable for the water consumed since the last meter reading.
XIV. METER READING – BILLING – COLLECTING
(a) Meters will be read and bills rendered monthly, but the District reserves the right to vary the dates or length of period covered, temporarily or permanently, if necessary or desirable.
(b) Bills for water will be figured in accordance with the Districts rate schedule and will be based on the amount consumed for the period covered by the meter readings, except where a consumer orders turn-off less than one month after turn-on, the minimum bill to such consumer for such period shall be equal to the minimum charge for one full month’s service.
(c) Consumer subscribing for water service will commence payment of at least a minimum water bill when water is available, whether or not a meter box is installed.
(d) Readings from different meters will not be combined for billing.
(e) Minimum bills for undeveloped properties, where meters have not been installed may be combined.
(f) Bills shall be paid at the place specified by the District.
(g) Bills are due when rendered, delinquent after 15 days and a 10% penalty shall automatically be added to such bills if not paid within said 15 day period.
(h) Delinquent notices shall be mailed to the customer fifteen (15) days after the regular monthly billing date, but whether mailed or not, if payment is not made within 20 days after the billing date, services may be discontinued.
(i) Failure to receive bills or notices shall not prevent such bills from becoming delinquent nor relieve the consumer from payment and in the event the District shall have to resort to collection by other means the consumer shall pay all costs of collection plus a reasonable attorneys fee of not more than 15% plus cost of court.
XV. SUSPENSION OF SERVICES AND SCHEDULE OF CONNECTION/RECONNECTION FEES
(a) A connection/reconnection fee of $75.00 shall be charged for any connection/reconnection of service to any customer where service is voluntarily or involuntarily terminated.
(b) When services are discontinued, and all bills have been paid, the security deposit will be refunded.
(c) Upon discontinuance of service for non-payment security deposit will be applied by the District toward settlement of the account. Any balance will be refunded to the consumer but if the security deposit is not sufficient to cover the bill, the District may proceed to collect the balance in the usual way provided by law for collection of debts.
(d) Service disconnected for nonpayment of bills will be restored only after bills are paid in full, the payment of the connection/reconnection fee and such security deposit as may be required by the Board of Directors is made.
(e) The District reserves the right to disconnect its service without notice for the following additional reasons:
1. To prevent fraud or abuse.
2. Consumers willful disregard of the District’s Service Rules and Regulations, the Bylaws or other consumer’s water service agreement.
3. Emergency repairs.
4. Insufficiency of water supply due to circumstances beyond the District’s control.
5. Legal processes.
6. Direction of public authorities.
7. Strike, riot, fire, flood, accident or any unavoidable cause, emergency conservation measure.
(f) The District may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device.
XVI. COMPLAINTS – ADJUSTMENTS
(a) If the consumer believes his bill to be in error, he shall present his claim, in person, at the office of the District before the bill becomes delinquent, such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service as heretofore provided. The consumer may pay such bill under protest and said payment shall no prejudice his claim.
(b) The District will make special meter readings at the request of the consumer for a fee of $25.00 provided, however, that if such special reading discloses that the meter was over-read, no charge will be made.
(c) Meters will be tested at the request of the consumer upon payment to the District of the actual cost of making the test provided, however that if the meter is found to over register beyond three percent (3%) of the correct volume no charge will be made.
(d) If the seal of the meter is broken by other than the District’s representative or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data.
(e) If a leak has occurred between the meter and the residence, or within the footprint of the residence, an adjustment may be made at management’s discretion based on and taking into consideration the consumer’s previous usage history. No more than one adjustment may be made in a (5) five-year period. No adjustments will be made for leaks resulting from hurricane damage or for leaks to out-buildings, sprinkler systems, piers and boathouses, irrigation systems, or pools.
The consumer shall show proof or evidence of the leak and satisfy management that all necessary repairs have been adequately made so as not to present any further problems. Once management is satisfied that the proper steps have been taken to fix the leak, management will average the consumer’s bills for the three months prior to the leak for which adjustment is sought. Usage amounts in excess of the average use will be charged at the rate of $1.50 cents per 1000 gallons.
__________________
Bill Waller
Chairman of the Board
ATTEST:
________________
Kim Thomas
Secretary Treasurer
