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BOROUGH OF MOUNT HOLLY
SPRINGS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
97-1103 CIVIL
DEBRA MARSH,
Defendant
CIVIL ACTION - LAW
IN RE: PRETRIAL CONFERENCE
ORDER
AND NOW, this
Zlio' day of February, 1998, following pretrial conference, trial
herein is set for Monday, April 6, 1998, at 11: 15 a.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
Debra K. Marsh, pro se
265 Pine School Road
Gardners, PA 17324
, ~J..;;J. 21/98.
- ~a- ..J .f'.
. 11/1
Keith O. Brenneman, Esquire
For the Plaintiff
Court Administrator
:rlm
BOROUGH OF MOUNT HOLLY .
.
SPRINGS, .
.
Plaintiff
v. .
.
:
DEBRA K. MARSH, :
Defendant
FEe 2 0 199BVJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 97-1103
CIVIL TERM
CIVIL ACTION - LAW
1. Defendant questions the legality of the plantiff's
ordinance governing the water, sewer and trash.
2. To have a monopoly on a essential of life and then require
payment even after the service is no longer used and a fee to
discontinue a service that you have no choice but to use if
you are to sustain life.
3. Ordinance was not in effect when defendant purchased the
property. In fact it was not known that ordinance existed until
defendant tried to dicontinue service.
4. No person has resided at this residence for over 3 years.
Therefore has not used any or needed any of plantiffs services.
5. Defendant disagrees with plantiff that the cost are
reasonable.
6. Defendant seek compensation for all cost incurred for
all actions involving this case.
7. Defendant also seeks to have lien against the property
at 20 Center street, Mount Holly Springs, Pennsylvania 17065
removed.
BOROUGH OF MOUNT HOLLY . IN THE COURT OF COMMON PLEAS OF
.
SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO. 97-1103 CIVIL TERM
.
.
DEBRA K. MARSH, : CIVIL ACTION - LAW
Defendant
1M Mer:; ./0 ~ {)mpbll/ I-
DEFENSE'S RESPONSE
Debra Marsh files this defense in response to the complaint
issued for the Borough by their solicitor.
1. Defendant does reside at 265 Pine School Road, Gardners,
PA 17324.
2. Defendant is the owner of parcel of real estate at 20
Center Street in the Borough of Mount Holly Springs, PA 17065
(hereina~~er the premises)
3. Defendant has the provisions that would allow the use
of water, sewer, and trash.
4. Defendant has not used those provisions in excess of
eighteen months.
5. Therefore plaintiff is in expectation of recieving
payment for services not rendered.
6. Furthermore plaintiff sent defendant a letter stating
services could be turned off or stopped for a fifty dollar fee.
7. Plaintiff wants a fifty dollar fee to turn off sewer,
which they cannot turn off, and for trash which defendant does
not create, since the premises has been unoccupied for over
eighteen months.
8. Plaintiff claims to have provided services from
June 17, 1996 thru September 18, 1996. The resources were
available, but were neither requested or used.
9. Defendant understands there are costs to send out bills
and have resources ready for Plaintiff to provide services.
Defendant is looking for a reasonable cost.
10. Defendant is only looking for a more reasonable charge
since services are not being used. Plaintiff charges five
dollars per billing period for water. Then sewer resources
to provide the sewer services should not cost fifty two dollars.
If there is no water being used, there is certainly no sewer
being used either. Trash is charged thirty dollars and twenty
five cents. No one occupies the premises to create any trash.
11. Defendant refuses to pay for services not requested
or needed.
12. The amounts billed to defendant for the premises and
by plaintiff were neither fair or reasonable.
13. Defendant tried to discontinue services that the
plaintiff wanted to supply, but plaintiff refused without being
paid a fifty dollar fee.
14. Defendant's failure to timely pay for water, sewer,
and trash, is not a material breach of Defendant's express and/or
implied obligation due to Defendant, neither requesting or using
the service for at least ten months prior to June 17, 1996.
WHEREFORE, the Defendant respectfully requests judgement
against Plaintiff for the amount of cost for this action,
together with interest.
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LAW OFFIC[S
SNELDAKER,
BRf:"NNEMAN
8: SPARE
fee"), a $10.00 administrative fee and a late penalty $8.80 (10%
of the sum of the water, sewer and trash charges).
Based upon the pleadings filed by the Defendant in this
action it is believed that Defendant objects to having to pay
charges for water, sewer and trash services on her property in
the Borough of Mount Holly springs for the reason that the
roperty is vacant. Accordingly, Defendant believes that since
no services have been used at her property and that Defendant is
not in need of any services provided by the plaintiff that she is
not obligated to pay same. Further, Defendant questions the
"legality" of the Plaintiff's ordinances concerning water, sewer
and trash charges.
In addition to the above, it should be noted that the
Plaintiff is willing to terminate the trash, sewer and water
billing services to Defendant's property upon payment of an
administrative fee of $50.00 to the Borough. Defendant has b~en
iven numerous opportunities to pay such fee, but has refused to
This fee has been adopted in the rules and regulations as
ell as by ordinance.
Based upon the above, plaintiff perceives the only issue in
his case as being whether plaintiff is permitted to charge a
roperty owner for available water, sewer and trash services
hether or not those services are actually used by the property
wner.
-2-
LAW OrnCI:5
SNl:LO....KER,
BRFNNf.M.\N
8: SPARE
owners not using the sewer system is further applicable to
unicipal water charges.l Like sewer systems, water systems
equire maintenance, repair and inspection. It is both equitable
nd justified that such costs be passed onto all owners with
roperty to which water service is available. with both water
nd sewer service, if property owners are able to avoid paying
harges simply by deciding they no longer want to use the
services, there would be no practical way by which a municipality
ould fund systems operations and assure continued service
ithout substantially raising user rates.
The reasoning above of the Commonwealth Court is consistent
ith statutory law pertaining to an authority's ability to fix
and collect charges. Under the Municipal Authority's Act of
1945, as amended, an authority is expressly given the power:
(h) To fix, alter, charge and collect rates and other
charges in the area served by its facilities at
reasonable and uniform rates to be determined
exclusively by it, for the purpose of providing for the
payment of the expenses of the Authority, the
construction, improvement, repair, maintenance and
operation of its facilities and properties. . .
53 P.S. S 306B(h).
lPlaintiff could not locate any cases which addressed the
ropriety of charging property owners for available municipal
ater service which was not being utilized by the property.
efendant, however, indicated in the pretrial conference that she
ad no objection to the $5.00 "ready access fee" charged each
uarter.
-5-
LAW OfflCI:9
SNElDAKER.
BRENU[M,\N
8: SPARE
'.
Rates and charges are not authorized as an incident of a
property owner usinq the authority's system and service, but as a
eans to cover the expenses associated with establishing,
maintaining and operating facilities. Accordingly, Defendant's
position that she should not pay for a service she is not using
ignores the reasons such charges must be levied in the first
instance.
with respect to trash service, the Borough Code provides a
borough with the authority to prohibit the accumulation of
garbage upon private property, make regulations for the care and
removal of garbage and impose reasonable fees and charges for
that service. See 53 Pa.C.S.A. S 46202(10),(11). The Mount
Holly springs Borough Code of Ordinances, chapter IX, Part 1,
section 2 provides in relevant part:
All qarbaqe of this Borouqh shall be collected and
removed by a responsible person under contract with the
Borough and shall be disposed of by such person outside
the limits of the Borough or be provided for in such
contract. (emphasis added)
In the case of Borouqh of Coooersburq v. Cliff, 16 D. & C.
2d 576 (1958), a borough council passed an ordinance forbidding
the accumulation of garbage on private property and providing for
its collection by the Borough at rates established by resolution.
A subsequent resolution authorized the tax collector to collect
the charges and prosecute violations. The tax collector refused
to collect on the delinquent accounts. The Borough of
-6-
IV. CONCLUSION.
For all the reasons set forth above, the Borough of Mount
Holly springs requests that judgment be entered against the
Defendant in the amount of $107.68 together with interest and
coats of this action.
Respectfully submitted,
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:
Date: April 3, 1998
Ke th O. Brenneman, Esqu~re
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
solicitors for plaintiff
Borough of Mount Holly springs
LAW on-ICES
SNCLDAKER.
BRF.NNEMAN
& SPARE
-9-
. .
fee"), a $10.00 administrative fee and a late penalty $8.80 (10%
of the sum of the water, sewer and trash charges) .
Based upon the pleadings filed by the Defendant in this
action it is believed that Defendant objects to having to pay
charges for water, sewer and trash services on her property in
the Borough of Mount Holly Springs for the reason that the
property is vacant. Accordingly, Defendant believes that since
no services have been used at her property and that Defendant is
not in need of any services provided by the Plaintiff that she is
not obligated to pay same. Further, Defendant questions the
"legality" of the Plaintiff's ordinances concerning water, sewer
and trash charges.
In addition to the above, it should be noted that the
Plaintiff is willing to terminate the trash, sewer and water
billing services to Defendant's property upon payment of an
administrative fee of $50.00 to the Borough. Defendant has been
iven numerous opportunities to pay such fee, but has refused to
o so. This fee has been adopted in the rules and regulations as
ell as by ordinance.
Based upon the above, Plaintiff perceives the only issue in
his case as being whether Plaintiff is permitted to charge a
roperty owner for available water, sewer and trash services
LA..... OrJlCCS
SM:L[)"KER.
BRr.~;"IIr."II\N
u S"ARE:
hether or not those services are actually used by the property
owner.
-2-
lMV orncts
SN!:LD.\I<EA.
BRr.~:a:M.'.\,N
I\: SPARE
Rates and charges are not authorized as an incident of a
property owner usinq the authority's system and service, but as a
means to cover the expenses associated with establishing,
maintaining and operating facilities. Accordingly, Defendant's
position that she should not pay for a service she is not using
ignores the reasons such charges must be levied in the first
instance.
with respect to trash service, the Borough Code provides a
borough with the authority to prohibit the accumulation of
garbage upon private property, make regulations for the care and
removal of garbage and impose reasonable fees and charges for
that service. See 53 Pa.C.S.A. S 46202(10), (11). The Mount
Holly springs Borough Code of Ordinances, Chapter IX, Part 1,
section 2 provides in relevant part:
All qarbaqe of this Borouqh shall be collected and
removed by a responsible person under contract with the
Borough and shall be disposed of by such person outside
the limits of the Borough or be provided for in such
contract. (emphasis added)
In the case of Borouqh of Coooersburq v. Cliff, 16 D. & C.
2d 576 (1958), a borough council passed an ordinance forbidding
the accumulation of garbage on private property and providing for
its collection by the Borough at rates established by resolution.
A subsequent resolution authorized the tax collector to collect
the charges and prosecute violations. The tax collector refused
to collect on the delinquent accounts. The Borough of
-6-
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certifY that I have,
n the beloW date, caused a true and correct copy of the
foregoing Trial Brief to be served upon the person and in the
anner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Debra K. Marsh
265 pine School Road
Gardners, PA 17324
~~~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Solicitors for plaintiff
Borough of Mount Holly Springs
Date:
April 3, 1998
LAW O'F'IC~.
SNE!..DAKER.
8RENNEMAU
a SPARE
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5. Plaintiff is the duly authorized agent and/or lessee of
the Mount Holly Springs Borough Authority responsible for the
management, maintenance and operation of the water and sewer
systems servicing Defendant's premises and as such, is
responsible for billing and collecting assessments and charges
for water and sewer services provided Defendant.
6. At all times relevant hereto, specifically from June 17,
1996 through September 18, 1996, Plaintiff provided Defendant
with water and sewer services and trash removal services at
Defendant's premises.
7. The water services, sewer services and trash removal
service provided Defendant by Plaintiff as made reference to
above were provided in accordance with the terms, conditions and
requirements as set forth in the Mount Holly Springs Borough Code
of Ordinances and Rules and Regulations adopted by the Mount
Holly Springs Borough Authority.
8. Defendant has failed and refused to pay Plaintiff in
full for the charges assessed Defendant for water, sewer and
trash services provided to Defendant at Defendant's premises for
the period of June 17, 1996 through September 18, 1996 despite
repeated requests to do so.
LAW O....ICES
SNELDAKER.
BRENNEMAN
8: SPARE
9. Defendant has failed and refused to pay the total amount
-2-
Plaintiff and the Authority which serve as the basis
for damages claimed in this action
c. Documents setting forth procedures for permitting
discontinuance of water, sewer and trash services
d. Contract between Borough of Mount Holly springs and the
Borough's trash hauler
e. Rules and Regulations of Mount Holly Springs Borough
Authority
VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS.
There have been no settlement negotiations. The Borough of
ount Holly Springs is willing to clear Defendant's account upon
payment of an administrative fee of $50.00 together with the
costs of this action or, in the alternative, upon payment of
ater, sewer and trash charges assessed together with costs of
this action.
By:
SNELBAKER, BRENNEMAN & SPARE, P. C.
~~
Ke~th O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitors for Plaintiff
Borough of Mount Holly Springs
Date:
February 25, 1998
l^W OFnC[B
SNLLDAKER,
BRENNEMAN
8: SPARl:
-4-
I..,y,... onlCt:s
S~;r'.l'.H;CR
E3Rr:'-j~I:':M'Hl
1\ SP,'RE
OROUGH OF MOUNT HOLLY : IN THE COURT OF COMMON PLEAS OF
SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. . NO. 97-7076 CIVIL TERM
.
EBRA K. MARSH, CIVIL ACTION - LAW
Defendant .
.
PLAINTIFF'S PRETRIAL MEMORANDUM
Plaintiff Borough of Mount Holly Springs files this Pretrial
emorandum as follows:
I. STATEMENT OF FACTS RE: LIABILITY.
This action was initiated by Complaint filed March 21, 1997
to recover water, sewer and trash charges assessed against
roperty owned by Defendant Debra K. Marsh located at 20 Center
Street, Borough of Mount Holly Springs in the total amount of
$107.68. These charges respect water, sewer and trash services
rovided the above property for the period of June 17, 1996
hrough September 18, 1996.
The amount of the separate charges for water, sewer and
rash were properly billed to Defendant in accordance with
stablished ordinances, resolutions and regulations of the
Borough of Mount Holly Springs and Borough of Mount Holly Springs
uthority and remain unpaid by Defendant.
II. STATEMENT OF FACTS RE: DAMAGES.
The amount claimed by Plaintiff against Defendant
constitutes the quarterly service charges for water, sewer and
trash together with an administrative fee and penalties totalling
$107.68. Interest, attorney's fees and costs of the action have
also been claimed by Plaintiff.
III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES.
Based upon the pleadings filed by the Defendant in this
action it is believed that Defendant objects to having to pay
charges for water, sewer and trash services on her property in
the Borough of Mount Holly Springs for the reason that the
property is vacant. Accordingly, Defendant believes that since
no services have been used at her property and that Defendant is
not in need of any services provided by ~he Plaintiff that she is
not obligated to pay same. Further, Defendant questions the
"legality" of the Plaintiff's ordinances concerning water, sewer
L'I.'.\ O,'FIC[S
S~~L(J,";a:R.
8il";'~i~"'.'I,~
f..: ~P.\RE:
and trash charges.
/ .. .
Ii In addltlon to the above, lt should be noted that the
I'
I~laintiff is willing to terminate the trash, sewer and water
;1
flbi 11 ing services to Defendant's property upon payment of an
i~dministrative fee of $50.00 to the Borough. Defendant has been
I'
'1llgiven numerous opportunities to pay such fee, but has refused to
-2-
"
,I
o SO. This fee has been adopted in the rules and regulations as
ell as by ordinance.
Based upon the above, Plaintiff perceives the only issue in
his case as being whether Plaintiff is permitted to charge a
roperty owner for available water, sewer and trash services
hether or not those services are actually used by the property
wner.
IV. SUMMARY OF LEGAL ISSUES RE: ADMISSIBILITY OF EVIDENCE.
Plaintiff perceives no legal issues concerning testimony,
xhibits or other matters requiring particular resolution by this
ourt.
V. IDENTITY OF WITNESSES TO BE CALLED.
Plaintiff may call any of the following witnesses during
rial in this case:
a. Cheryl D. Smith, Borough Secretary
b. Amy Miller, former Utility Billing Clerk
VI. LIST OF EXHIBITS.
Plaintiff may use the following as exhibits in this case:
a. Operation Agreement between Borough of Mount Holly
Springs and Mount Holly Springs Borough Authority
_:'.\ orr::l:!
S'.~:~(3.',,~ER
b.
Ordinances, Resolutions and Rules and Regulations which
establish the water, sewer and trash rates charged by
9R ':';'~ ~ '.' ,',.~
~... S?:.FE
-3-
Plaintiff and the Authority which serve as the basis
for damages claimed in this action
c. Documents setting forth procedures for permitting
discontinuance of water, sewer and trash services
d.
Contract between Borough of Mount Holly Springs and the I
Borough's trash hauler
e. Rules and Regulations of Mount Holly Springs Borough
Authority
VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS.
There have been no settlement negotiations. The Borough of
ount Holly Springs is willing to clear Defendant's account upon
payment of an administrative fee of $50.00 together with the
costs of this action or, in the alternative, upon payment of
water, sewer and trash charges assessed together with costs of
this action.
By:
SNELBAKER, BRENNEMAN & SPARE, P. c.
~r(~ -
Kelth O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitors for Plaintiff
Borough of Mount Holly Springs
Date:
February 25, 1998
LAW onlCtl
S~I(lO.u,ER.
BnUI"lEMAN
8 5~^RC
-4-
I
II
,
'I
ORDJ:HAIiICB 95-4
AN ORDINANCE AMENDING THE MOUNT HOLLY SPRINGS
BOROUGH CODE OF ORDINANCES, CHAPTER IX, PART 1,
SECTION 8 REGARDING FEES AND THE COLLECTION OF
SUCH FEES IN REFERENCE TO THE COLLECTION OF
GARBAGE.
IT IS HEREBY ENACTED AND ORDAINED by the Council of the
Borough of Mount Holly springs, Cumberland County, Pennsylvania,
as follows:
SECTION 1. Chapter IX, Part 1, ,section 8, Fees is amended
in its entirety as follows:
SECTION 8. Fees and Collection of Fees.
a. Fees for the collection of garbage shall be assessed
against each family unit at the following scheduled
rate:
December 1, 1994 through November 31,
1996: $31.80 per quarter.
b. All fees shall be billed to the owner of the premises
to which service is provided unless otherwise permitted
by decision of Council upon request of the owner in
writing. Accounts for trailer parks and apartments
shall be billed based on the number of trailer units or
apartment units. Restaurants, hotels, businesses,
industries or institutions, if not otherwise serviced
will be assessed at the same rate for each and every
container of no more than 75 pounds or equivalent
amount of garbage and refuse to a limit of three pieces
a week.
Borough council is hereby authorized to change the
fee schedule by ordinance at any time.
c. All bills will be rendered at stated intervals, at
least quarterly, for a specific service period
preceding the billing date, except as modified herein.
d. All bills shall be paid by the date shown on the bill.
Payment must be made to the Borough of Mount Holly
Springs and be received by the due date.
e. All owners or customers who have not paid their bills
by the due date shall be sent a past due notice
instructing them to pay within ten (10) days of the
date of the notice. If past due bills and penalties
are not paid within ten (10) days of the past due
notice, assumpsit action will be filed with the
District Justice or applicable Court of Common Pleas.
I
PLAINTIFF'S
EXHIBIT
,~
Pl\rt 1
Gartage Collection
Section'. Gl\rtage Collection Schedule. Garbage shall be
collected in I\ccornance with the Agreement of Borough Council and the
vRrbRge collentor Rnd at such other ti~es as Borou~h Council ~AY oro-
vi1e. (cr:linR~ce '359, December 2P.. 1970, Section 1.)
~
,'.
,
Section? GArbRge Collection by Contractor; Disoosl\l Outside
of Eoroull'h. All ~arbFlee of this Borough ShAll be collected I\r.d removed
tv A re~oon~ible ner~on under contrRct with the Borourh and shRll be
di~O('l:::ed of hy :::uch person outside the limits of the Eorou!!,h or t-e
prnvirte:j for in ~uch contr~ct. GArrRte collection~ mRY be made by
o~her ~ersons other than the Eorough's contractor or collector for
all ~artRge in e~cess of the R~ount required to be collected by the
Borough Collector. (Ordinance J59. December ?8. 1970. Section 2)
Section '3. GRrbRge Collec~ion Vehicles: Conduct of :ollections
~y ContrRctor. The contrRctor shall be requ1red to collect and re-
~ove ~rbage fro~ within the 30rou~h in vehicles ~hich ~hFlll be eouip-
ped >lith water-tiJ:!:ht beels const:!"'.1cte.j of fin i'Doervio'~s 'JatertFl.l. and
to ~o conduct the c"l l.ectior., retovAl and transportatiDn of the gar-
ba~e u~der such contract as to insure general sanitation throughout
the enttre process and operation thereof. (Nove'Jlber 6, 1945. Section J.
as R~ended by Ordinance 304, June 7. 1965. Section 1)
Section 4. Contractor to Furnish Vehicles. Machinery nnd ~ouipment:
P.ouseholder to Furnish GFlrtage Containers. The contractor shall also
~e reoutred tD furn1sh. at his own cost, all vehicles. machinery and
equi~ment necessary for the proper perfor'DRnce of such c~ntrRct except
t~Rt he shR11 no~ ~e reouired to furntsh th~ recept~cles and containprs
conte~plated to ne nrovtded t-v householder and occupants of the pre~is~s
from which ~Rrt.~,"'" <hAll ~E' C'~l1"'ctE-d. (i\')Vt:nce:" (" 1"1.,5, .::f'ctLrn !o)
Secti~r~. PrD~Rrnti,~ of G~rbR~e for Collectior: PlAcement of
Containers. All residents of the Borough shAll olAoe the tArbRee
accu'Dulated upon the premises occupied by them in sound an; tightly
covered contatners and shqll place such containers at thp. desi~nRted
pick up spot of the oroperty so occupied. ~~ere collections are ~aje
from a trailer park, cans ~ust be plAced along a pu~l1c street.
(Ordinance 359. Dece!llber 28, 1970, Section 5)
'))
Section 6. AWflrd of CO!"ltr'lct~. Provi1" onl'l Thereof. C?ntrncts
under thts 0 ina'1ce shall from ti'De to ti'lle be let by the Eorou::h
Council to the lowest rel'lPonEitle bidder. and such contrRcts may con-
tatn in addttion to the reQuire'Dents of this ordinRnce such other pro-
vistons not in conflict herewith as ~ay be dee'De1 RdvtsAbl~ hy the
!:orou8'h Councll and 1"uch contract or contracts 1"hllll 't:e eXf>c'Jte1 by
the Preside'1t and Secretary or behnlf of the Eorou~h. Contracts may
't:f: mAde in this 'Il~nl'!er for such period of ti~e as the 3oroull'h Council
!!lay deem flclvisable. (Novt::h;"el (, ; :;.'1:;. Sentlon I")
2, Mr. Scholly expl.:li....ed that a decisi.o:1 had :1ot yet be;:.
reached regardi....g unit minimum fee b;1Hngs,
3. Mr. Slyder i.."1quired as to whether the Eng:...~ee~ haz
allowed' for loss of funds if the Authority shol.:!d decide to bill by meter and
not by unit, Mr. LaDieu stated that a reduction was considered L'1 hi.:;
estimates.
B. GUY BURFORD
doing
dobg
1,
something which
a good job.
Hr. Buo::ford stated that he believes the Authority is
needs to be done and that he feels the Authority is
C. ROSS RICHWrNE
1, Xr. Richwi.'1e stated that at the last meeting he was ::-.
favor of no change in the bill.iI1g structure. He recommended that the
A~thority change to Q b~""lg :0:: '.lsage only system and eli:r.:...~ate ~he n"':"''''l.::num
service charge. :-!e s;;id tl:at the Authodty is "tryi.'1g to hide the !:.ttle
additional L"lcrease bj' putti.."lg on this $15 tl:i."lg, a::.d it re~y co::.'t mean
anything". He pobtec out that eliminating the mi.'1!.mum fee would e!:.rni..'1ate
the question 0: "UI'..:.t" mi..~m~:':1 =~~gs.
2. M::-. S~:lc!e:.. pcL~tec! ot:.t tc ~::. Rich w:"''1e that the
ttadrni.'1ist:'ative :ee" cove:.-s C':Jsts c: ::ead:..-;.g' :r.2t~::';j, ::ec:::cl:...,g, b~;.g, e:::.
regardless of whether a customer uses any water 0:: ::ot. He re:;o.i."lded Mr.
Richwine that u:lder the current bPFng syste::1 ;l $62 ::\i.-.i:;O.um is charged a::d
that u:1der the new system the fee would be drcpped to $15 or Ies:.
3. Mr. Richwine pci."lted out that usage by i.'1dust:::l maj"
drop drastically under the new bill.iI1g plan and that the price per g~c:'. to
other users would probably increase. Mr. HO~"lger asked Hr. Richwine if he
wouldn't rather see such users as McCoy Electronics recycli.'1g water as
opposed to wasti.'1g it. Mr. Slyder poi."lt<ld out tl:at, sl:culd a:1 bcrease occur,
the price per gallon would increase to those use::s also. ::ot just to the "other
-..:sers".
D. JOHN JACOBS
1. Mr. Jacobs asked :~e Authc:..~t~. whethe::- the budget.
wot:ld be met := :"'.:: cha~ges 3.l:'e wade.
" ~1=. Scholly reiterated that was co::::ect a~d added ::~a~
tl:e Autho::~ty wished to make a final decision ::egardin; the b"';ng system at
this meeting.
E.
BETTY ORNER
dU::~.'1g an
~:nc~nt of
1. Mrs. O:::1er stated that due to breaks in two water pipes
absence from her home she has been billed for a tremendous
wate:: which passed through the meter.
~
:!. Mr. F~hma.n reminded the Authority that, ~thot:;h t~e
homeowner is responsible for all water that goes th::ough the meter, the
Authority mar consider granting relief on a case by case basis. Sho-..:ld the
Authority decide to grant relief, the customer would be billed for an average
qua..-ter usage,
3.
and report to the
to Mrs. Orner.
It was determined that Mr. :-Iea::y would review the situation
Autho::ity so that the Authority may consider granting relief
F. MARLIN H:::CKERT
1. }!;:. Heckert stated that his water meter ho;:;-. has a hole in it
and asked whose respor.sibility it is to have the part replaced/repaired.
., ~-~::. :~~~an stated that ::..e :~g~ ::a!:llit~. c: the Aut~C:::.t1
is li.mite~ to the cu::b bo:: and the meter itsel:, ':he Contractor's secondary
cne year wa::ranty i.J expi::ed. Therefore, the homeowner is responsible for
any pa::ts othe:: t:-'J.:1 the mete~ itse:':.
II!. ~::;A:;:::G 0:' M:~n;':'ES
A. NOVEMBER 1, 1995 REGU:'AR ~.:E:::'::::G ~!~:'JTES
1. Xr. Scholly pointed out that on page 7 the amount of the
pennVest payment amount il"l effect in August of ::'996 should be $:7,S3!..SS,
.., ~:::;. :udj' Russell moved to approve the minutes as
corrected. Xr. S~:ider secollded the Xotioll. ~C.
;L OLD BUSINESS
A. PENVEST AU:):!
, X::. Scholly ;:eported that he has not ::eceived any
:.l"lfo;:mation regardil'lg the audit to date.
WATER RATE PROPOSAL
, ~!r. Slyder proposed that the Autho;:itj' mO\'e to approve a
$5 "reac.y to serve fee" per meter per quarter and $4.75/::'.000 ga. usage
;::~.;t:.:..'': =;:,.::~a::~i ::., ::'S'96. He stated t~at th~ .:;t::uct:.:.::~ wallIe reduce the
e:(pected income by $:::.::CO.
,
2, Mr. Fishman stated t!1at under t~.e ?~:mVest contract the
Authority may not be able to produce less :.ncome than t!1e annual revenue
necessa::y to cove:: the loan payrr.ent.
3. Mr. Slyder stated that the c.:.::erence could be taken from
reserve :unds, now amounting to $:!. 7 ,oeo. ~e stated that there simply m::'.7 :-.ot
be quite so high a surplus ne:tt year. This structure would result in E35
custo~ers hav:...~g bills equal to cut'::-ent b:.l~s :::- ::lighe, lees and 514
customers would have bills lower than current bills. He stated that this
"wocld be mc::e than a majority getting a break". He stated hi:; hope t!-.at t!1e
public will understand that, if the Authority 3.pproves this lowest possible rate
structure in an effcrt to benefit as many people as possible. that rates pe::
gallon ::\aj' have to be raised next year after review of usage and funds
generatC!d.
4. ~1r. :'a:Jieu stated ~~3.t, :"'"1 l'.i.: op:....~;-~, }1r. s:~'cle::',:j prcpc:::o.1
...,c~:d. p:cbablj' r.".eet t!1e b t.:.c!. get.
5. ~1=s. Russell exp:essec. he: e::zo.~::-ov~ c: :~e ac.:r.i::.i;it::~::.ve
:ee.
6. ~::. E::ic Hollinger seconded !o!r. Slyder's ::lction and the
:r.otion was ca::r:.ed unanimously.
7. It was dete:.-::\inec. t~at :hc :"....:.":.~crit}' would t''!v:.ew the 'tlater
~~cs a~c. ~egu13.tion~ to ~:lkc -=!-:.a~ge:::z nece:,z:t::-y accorci.:'lg' to the ne'"l rate
:;t::t.:.cti.:.::e.
3. :1r. Fish::'lan t>=epared and p::ese::ted !tesch.:.t:.c:: ~rc. ~~'?:-:!.
adopting uniform rates for water service effective Janua::y :!.. :!.996 ::J:: the
Mount Holly SprL"1gz Eo::ccgh A....thorit1 wate:: system. Be it ::~scl',,~c. ~jr
Heu:".t Holly Springs !lorough Authority that effec:.:.ve :an',,:;;,::y 1. :!.996, all
customers of :~e ~'!c."::1: :~clli. Sp::L"'lgs Boroug~ water s]ztem sh~ pa~. t:.c
following rates. A read.y to ...:se fee of $5 per meter .,e:: 'i...:a!:':.e:: a::.d a cha::ge
c: $4.75 pe:: :!.,OOC gallons of r:letered usage. Resolved this 6th day c:
Dece::\ber, :!.995. M::. Eric Hollinge:: moved t:: a.,prove the resolution as
~:::::::;e:-.tec. ;:;:i X:-. Fishma:1.. The motion ...:az ~ecocded by ~r. F~ar..k Sl:'c.e::, ::'.
lo!c.
~
~:::HE~ ?:J!.ES ;.,,~:= ~::GU:'A~:!:ONS
,
-'
'!'hiz :.ter.. was tabled at this :':'::'.e.
!). AU~EOR!~Y AU~:':'OR
:. Xrs. R-':'s5e~ :-eported :=:at Gr-eenawalt r..35 Ci\:.oted $1,450-
$:!.,6:0 :0:: a n:Jrrr.al aud:.t for tr.e ::.scal year :!.995. She addC!d. that if a::y
:T:J.::;c:: ~:oblemz a::e encountered, a::ee~awu2.t ...;~-.:.lc. co~bct the Authority to
::ar.egctiate a fee.
.
~
ORDINANCE 85- 7
AN ORDINANCE AMENDING THE MOUNT HOLLY SPRINGS BOROUGH CODE
OF ORDINANCES, CHAPTER XVIII, PART 2, 0, E, RATES, SEWER
AND SEWAGE DISPOSAL, RATES FOR SEWER SERVICE AND BILLING
AND COLLECTING AND AMENDING CHAPTER XXIV, PART 2, SECTION
12 AND 14, WATER RATES AND BILLING AND COLLECTING AND
MAKING THEM EFFECTIVE NOVEMBER 1, 1985.
IT IS HEREBY ENAC~ED AND ORDAINED by the Council of the
Borough of Mount Holly Springs, Cumberland 'County, Pennsylvania,
as follows:
SECTION 1. Chapter XVII, Part 2, 0, E, Rates, Sewer and
Sewage Disposal Rates for Sewer Service (Sections 100-104) and
Billing and Collecting (Section 110) are amended to read as
described in Exhibit "A" which is attached hereto and made a
part hereof.
)
SECTION 2. Chapter XXIV, Part 2, Section 12 and Section 14
are amended to read as described in Exhibit "B" which is
attached hereto and made a part hereof.
SECTION 3. In all other respects, all provisions of
Chapters XVIII and XXIV shall remain in full force and effect.
SECTION 4. The provisions of this Ordinance shall be
severable and the invalidity of any of its provisions shall not
affect the validity of any of the other or remaining provisionB
hereof.
ENACTED AND ORDAINED THIS '9 -#- day of .))ee..'...... & 00<"-, 1985.
ATTEST:
~ "
~",":.... ~c. .,( 1! L
Beverly A..-lCline
Borough Secretary
BOROUGH OF MOUNT HOLLY SPRINGS
-rl-
APPROVED THIS 9 day
sep L. opr ski
orough Council President
,
of,i)"'<'a_b~'- , 1985.
, tlJ?tl/rg'
Robert Otto, Mayor
,
EXHIBIT "A"
CHAPTER XVI II - Purt 2
Section 91. Amount af Fee. The Authority hereby does charge a tapping
fee, in the amount set forth herein, against the owner af any such improved
property whenever sllch owner hereafter shall connect any such improved property
with II sewer main constructed by the Authority and canstituting a part of the
Sewer System. Such tapping fee is charged far connection of each improved
property to any such sewer main by the owner of such impraved property, and on
the basis of thl! humber af tapping units assillned therein as detailed belaw.
The amaunt af the basic tapping fee for cannectian fa each improved property
to. any such sewer main shall be Three Hundred Dollars ($300) for each tapping
unit as hereinafter defined. In the event the actual casts af tapping on
exceeds $300,00, the owner of the impraved property shall also be charged the
actual costs of tapping on which are aver and above $300.00, effective February
I, 1981.
Section 100. Sewer Rentals and Charges. Annual sewer rentals and charges
for use of the Sewer System are fixed and imposed upan and shall be collected
fram all sewer customers af each Improved Property which shall be connected to
the Sewer System, whether such use or benefit resulting therefram or such
connection shall be direct or indirect. Such rentals and charges shall be
effective wheo the Borough first shall be capable of accepting Sewage and/or
Industrial Wastes from such Improved Property for transpartation and treatment
In the Sewer System.
The annual residential, cammercial and public sewer rentals and charge
shall be $20B.00 per rental unit according to the follawing schedule and shall
be retroactive to November I, 1985.
}
Section 101. Unit Schedual for Sewer Rental.
Category
Rental Units
Each Individual dwelling unit, each trailer,
each half of a double house, each unit of
row housing
Each Retail, business and professional office
F~~ch Offic... barber shop, beauty shop, NOT
operated In a home hy the owner
Each Office, barber shop, beauty shop, ATTACHED
TO, or Part of a hame and operated by the
homeowner
I unit
1-1/2 units
unit
1/2 unit
Each Restaurant, hotel. club, motel, and
boarding house
Each Service Station, garage, Isundromat
and similar commercial
Each Individual apartment unit
Each Church, fire company, government office
All other operations not named, each
Pub lic Scho.o Is
2 units
1
2 units
I unit
1-1/2 units
1-1/2 units
$10.29 per year per person
of schnal papulation
Section IlJ~. Industrial Sewer Renta]s. Every manufacturinl\. processlnl\.
dlstrlbutlnl\ ur s.li,'s llrl\anizatlon employing ten or more persons at any time
during a calendar year. including executive and administrative personnel. shall
I pay the industrial sewer rental.
The annual industrial Sl!wer rental is hereby fixed at $20B.00 pl!r rl!nta]
unit. rl!trouctlve to November I. 19B5.
I i I
The number oi rental units allocated to each industrial rental customer
shall be calculated as follows: On or before December 31. 1963. and on or
before Dl!cember 31 uf each year thereafter. each industrial rental customer
shall file a sworn certificate with the Boraugh. setting forth the total number
af hours worked by Its employees in or about premises connected with the Sewer
System during the calendar year endinl\ at the time the certificate is filed.
and dividing said total employee haurs by 20,000. The resulting quotient.
rounded to the nearest full number. shall constitute the rental units allocated
to such Industrial rental customer for the succeeding calendar year,
Sect Ion 103. School Sewer Rental. The annual school sewer rental is
herebYfI xed at $10. 29per averal\e annual school population, retraact i ve to
November I. 19B5. Th" averal\e annual school population far purpose of fixinl\
the school sewer rent.li in any calendar year shall cansist of the average dal]y
(pllpl I) memhership and the averal\e number of teachers. administrative p"rsunnt!!.
custodians and other persons employed in the schools during the last school
fiscal year precedlnl\ the calendar year in which the sewer rental is payable.
.,
On or before December ]1. 1963, and on or before December 31 of each year
thereafter. the chief school administrator shall file a sworn 'Itatement with the
Borou::h. settinl\ forth the averal\e annual school population as above def Ined
for the schoo] fiscal year ending in the preceding July.
Section ]04. Estimated Sewer Rental. If any industrial or school rental
customer fails to file an annual statement as required. the Boraul\h may estimate
a rl!asanable applicabl" annual sewer rental for such customer. and such estimated
sewl!r rl!ntal shali be the actual sewer rental payable by such customer untl] the
requir"d statement is filed. provided. however. that no rebates will be paid by
the 80rolll\h if the sworn statement reveals a lower indicated sewer rental than
the Barough had estimated.
Section 110. Billing and Collectinl\. Bills for sewer service wil] be
rendl!red quarterly nn the first af January. April. July and October for service
furnished that quarter and are payable upon presentation or delivery. The Baroul\h
herebv dl!signates the Cumberland County National Bank. Mount Holly Springs Branch.
us its collecting agent for all sewer bills. All such bills shall be paid at
the Bank or may be paid. at the apt ion of the customer. at the Borough Office.
All bills paid an ar befare the 2Bth day af the manth in which they
are due shall be payable at the net amount shown on the face of the bill. If the
bills are not paid on ar befare the 2Bth day of the month in which they are due.
the gross amount shown an the face af the bill shall be paid. which shall be the
net amount plus 5%.
~
EXHIBIT "B"
CHAPI!:\{ -^..X.IV. .:. .1':~r_L..._:
Sect iOI1 II. C\H1I\l!Ct ill" Fees.
forl-h" illHl7.I'(,'-tTI~;-';(:ill wilt"r
the curb line ur prop"rtv lIne of
The IIIllllwlnl; connection fees shall he charl;ed
servlcc connect ions, lcadin~ from tlw main to
the property to be served:
il1ch bCrV ICl'
$125.00 plus any additional ~ actual
costs in "xcess IIf this amount
$185.00 Illus any addllllllHlI b actual
costs in excess of this amount
As determined by Borou~h
'I/!' III('h ,erV lee
1- 1/4 inch service
If the house lat"ral exceeds 100 feet in length, tbe meter pit and the meter must
be located at the curb stop. if meter ia required.
Section 12. Rates ior Water Service - Borou~h System. Water rates. rents and
charges for the use oi the Borough Water System are fixed and imposed upon and shall
be collected from all customers of each Improved Property located inside the Borou~h
and shall be connected to facilities composing the original Mt. Holly Water Company
System or the current Borou~h Water System, whether such use or benefit resultin~
therefrom shall hI' ,Hrect ur Indirect. Any uses not specifically provided below
shall be determilll'd hy Cunncil by conslderln~ costs of similar usea. uaa~e volume,
alld '''lI1sollal illll with II..rllllllh enllineers. Such mte!! and Charll('S shall be effective
Oil ami .111\'1" NIIVl'luhl'r I, I'JK,) ;litO Hila I I he sct furth in tllP lullowinJ.; !'-iclll.'dulc:
Flat Rate Water Schedule
All D(1me~;L ie Sl'rvicl's
Per quarter
for the pUrptl:-ll'S uf seheuul in)t rates. domestic
sc'rv In' sha II ill" I ...1,. ,Ill n's i<lcnt ia I huuses.
homes. aparllllents (per unit). mobile homes or
other residential uses not specifically covered
hereafter. Hl1me occupations shall be assessed
at "Store" rates ior those fixtures which are
bcillll used in the home occupation and which
are not speclficallv provided below. If the
home occupat iun is speci f lea lIy prov Ided below,
they shall be charll,'d at the applicable rates
listed bell1w for thuse fixtures which are bein~
used in the Illlme occupation. The fixture rate
sholl I he In addition to the domestic rate of
$23.00 char~ed for the residential unit.
$2'J. 00
AU. COmlF.RCIAI. SERVICES:
All CummHC lal
November I, I ~8S.
$23.00. H"wl.ver.
than $23.1111,
Services shall be assessed at the rates provided helow eii"ct lve
Tb"se rates are in addition to the minimum business rate or
under no circumstances sball commercial busln"ss rates he less
,
Other Fact(-,.r_!.e.~:~1.1.l~ ~!~(~P.:';
Per quarter
Scrv h~(> FCl'
Steam press
St"am hoi lun;:
I to lO hursellllWl!r, per horsepower
20 to 5U hursul'ower, per horsepower
50 tu 100 horsepower. per horsepower
100 to 300 horsepower. per horsepower
300 to 500 horsepower, per horsepower
Other USl!S take the same as in "Hotels"
rate in addition to the above rate
$ 18.04
9.03
1.13
1.01
.90
.78
.76
Pub lie FI re Protec t ion
Fire Hydrants, each
77.00
Section 13. ~~tes For Water Service - Metered System. Water ratea, rents
and cban:es ror use of the Pine Road Water Facilities are fixed and Imposed upon
and Sh,111 he cllllected from all customers of each Improved Property connected to
thc Pine Ruad Water Facilitiea, whether such use of benefit reaultin)\ thcrefrom
or such Cllnlll'ct iOIl shall be direct or Indirect. Sucb ratl!s. n'nts and char~es
have heen effect ivc' on and after November I, 1985. and shall be as set forth
in the lulluwill)\ schedule:
fUn Imum and Metered Rate Schedule
Per Customer
) NlNIMUJoI CHAHI;f.S:
Size oi ~11.!l~r
Rat(.
Pl:!.JlI~a rt c' ~
5/8" x 1/4"
3/:""
I"
2"
$ lb. UO'
17.17
28.61
68.67
METERED RATES:
Quantitv in Gals
Per Qu.~rt c!:-_
Rute
Per 1 UOO ~n la.
I'lrst h.nOO ur less
N"xl 4,UOO
10.OUO
10,000
10,000
Over ~O,UOO
$ 16.00 Minimum
1.16
I. 03
.92
.80
.69
,
S...,'tinn 14. Blllln~ and Collectln~. Billa for water service wi) I be
render.;;r-;iu.Jrt-~-r-lY-Ii"ii -tlle- first of January, April, July and October for the
aervice furnished that quarter and are payable upon presentation or delivery.
The Borough bereby deslllniltes the Cumberlnnd County Nationai Bank. Mt. Holly
SpringH Branch, as Its collectin~ a~ent for all water bills. All such biJ Is
shall be paid at the B'lOk ur may be paid. at the option of the custolller, at
the Borou~h Of f ice.
All bills paid o~ or before the 28th day of the month in which they are
due shall be payable at the net amount shown on the face of the bill. If the
bills are not paid on or before the 28th day of the montb in which tbey are due,
the gross amount shown on the face of the bill shall be paid, wbich shall be
the net amount plus 10%.
All bills remainin~ unpaid after thirty (30) days have elapsed from the
date they are due shall be subject to a 5% penalty on the gross bill. and
after sixty (60) days have elapsed the gross bill plus 10% penalty shall bear
interest at tbe raoe of 1% per month or fraction thereof until paid.
All bills remaining unpaid after ten (10) days have elapsed from the date
they are due shall be cause for termination of service and shall become a lien
on the property ch,1rlled. The amount due may be collected by an action In
assumpsit In thl! name of the Borou~h a~ainst the owner of tbe property dHlrll(.d.
or may be" 11<.0 filed in the nnture of a municipal lien.
Thl: Iloruul;h may "ut off the water supply to any custumer Cur nun-payment
uJ rentals I'ruvided thl: customer has received notice in writing from the
Borougb of Its Intent to shut-off the water supply, whicb notice shall be in
accordance with applicable law and whicb notice sball be given at least five
(5) days beCore tbe actiun Is taken.
In addition to all of tbe above, an administrative fee of $10 sball be
charlll!d un any bills rcmainin~ onpald after ten (10) days have elapsed from
the date they are du....
)
Sectiun 14. Renewal of Service and Turn-on Fee. Service will be renewt'd
under-a-proper application when the conditions under wbich such service was
discontinued are corrected, and upon the payment of all proper char!:efl or
amounts prov ided in the Rates of the Borough due from the applicant. The fee
for turninll-on the water supply to any property sball be $10. This turn-on
fl!e is applicable In all cases wbere the water service has been tnrned off at
the request of the customer and where tbe water has been sbut off by the BorouJ,:b
for cause. This turn-on fee is in additi.on to any otber charges incurred as
a resul t of the water turn-off.
)
ltt !A~5~ :: -- rr~:: ~~: ;~i:j~~r r~la; 'It
'JJ z~'r
30fCUGH 01 !:u~: !J~~; SF11!G!
.Is::ent Ac:t' (OC),:llIJ ACT!.E
Owner 1:::1 (liOOOoaol
NI3e [DE311 !\lSH
Ser1ice Address [10 CENTE! ST,
Millin; Address [li5 PINE SCHOOL IOAl
CIlI luliOms I
! - [MmH j
2c~:~ ::=~ C;:oent
J
,
J
St!:~ t?AJ ZlF r~4j,~
r
31l!ln; ::::~en:
I
B:ok-Sequence [ 1.1111
Blld:nq Multiplle: r lJOOl
Deposit Olte ( I I lID' [e :':1111 Fu~~1 ( OJ
101101er Ol,it ~IJ Meter :1,1:1 Mlt!rl [110,1:;;: ~e:er UnIts !OAJ
:tps:t lalance ,:.i';:l.ji C".'j.. ~l:; ':: ~~
.......,
Water o . C~ ~ 15.00J 1112] , ~,', . :",
~ ' ... j ....
Smr UCj l!i .o;J :~ . 7: l . ~ . ~ ' [~~ :
:... ~"J :
Tmb . ...\ 93.6:] 3C.Hl , 4, ~ ,..,
'. . '..~ J ~. ... ~ . L ~ ~ ~
me: 50.00] L:71 " ,.;
.....
?mltl!S '" '5J 17'" ,.,
..,1 .....'.
-.-..---. .---....- ----.--.- --_._~--- ,':.1 1]S;ic
!~t!15 y~ ~ 1" ; 1 ' :2:;5j ,,' ~ ~ ,,,- .5? ,
'. J.'.._J - '''''' ." J
':C:2!~:
r 3i.::1
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:'l"nl'q 'a1'n" [
... _10 .. ....;0 l~..
5cql~n:~; ::poslt aa:2n~~ [
m.J6:
:.vC:
Me:l:? :EAD:~G :t~:t:a ~~.m nm :~wn :E;'~H ?l.'imr rQiE
~t'l'. ,mm ~S~GE :?,\lG, CaA2GE ,":1:'":- '::EEE ?~YA:!IES ..,... ?Aim!S
...\.:. ...f...J_ ....'II:.
)j!17,',' ~CJ~ 5..jQ :...,.1.; .. 2: j.:j ~ . . . J . ,~C
:" 1,;:0 10,:, :,Jlj :, . ':~ " o in
-. ., ., ..~. ,.'
19f1S, :0 ,;OJ :.,JIJ , :~C " ., :') ua uo
.. ;".:. .'
:i:ll!9! ~OJO UJ :,.'J ~ .. :) J.JO ~.~J QS/~aI16 BB,SQ
::i:l:dc ;1)0 ~ ,.... : :. ~,j ,. .j, ~~ G.~O JU"ll6 l:.!5
.1,;,,11 .. .......
,- ::. :: aoo: ... . ~ :- ,,, .. :~ ., .. UJ Ot/,J8,H 116.B 0
.. I: ..~ .".~. ... . ~ 1J
.. ., ;: :0JO 6J.0'} " ' 1 .. 0.00 II 0' il! llUO
J~: ..'.:, ......... ....... ..\'oJ
,. ;.~ '1: :,','. 5: ,'(l :, Q~ 1,jC 0,00 lB/Il!!! 113.60
"' ".... .. ......
" . ~: :'.p =; . J~ :....:\1 J J0 ),00 VS. G~j9: 1:0;0
.. . ..,;..\. .. ..
.. .. " : ',~ ~ ., ';,)0 o.~~ n/~11:: :~:. "6
., . " ..... l: ,.'. :. ., .
:1 0; :5 " ..... ~ .. . .' ::.:'J :2,~v .. ..- ,).:; 'L~Q !: J' H ~~:.,:
" ;'. ~IJ .\,... ~u.~:
" .. ~ ; ",:,JC :oo~ ~:.JO ,~ '2 ~,~ .~: .:..:0 ) ~;1 1: .~:;'S~ 1'; ..,
.. .. ;. ' .. ..,.....
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In The Court of Cocmon Pleas of
BOROIJCiH l1F MntlNIf1
Plaintiff
Cumberland County, Pennsylvania
~o. 97-1103 CIVIL
19 97
vi
DEBRA K. ' MARSH,
Defendant
CIVIL ACTION - LAW
OATIl
~e do sol~y swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution or this Common-
wealth and that we will discharge the duties of our office with fidelity.
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We. the undersigned arbitrators, having beeu duly appointed and sworn
(or affi.'"':ted), make the following award:
(Note: If damages for delay are awar~ed, they shall be
separately stated.) .
For ~ p\CA~'kfr, ~orol~,^ o-f vY\ov."'-IT t-hlli ~f('I'^~ ,,, ~
IVl\OllNT o{= 'i I 07 (., 15 )-:J lUA i",~.{l (es.T,
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Arbitrator. dissents. (Insert name if
applicable. )
Date of lIearillg: 17 lfcJ l'i'i<
Date of Award: \I l\.bJ ('197
Nev, the .,(lOl1-day of ',4W'~""" ,l9..i:L, at /M... .a..:1.. the above
award was entered upon the docket and notice thereof given by mail to the
?arties or t~ei= attorneys.
Arbitrators' compensation to be
paid upon appeal:
$ ,.;,qO.{)O
;(tlitVUn-<!L e. IV dlwt
t.. ,Prothonotary
By: ! ilLjA-iJA':L tI. l~:t/1iA..J.-
Deputy
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This p,OOI 01 ~o,v;co MUST BE FILED WITHIN TEN (fO) DA YS AFTER filing III. nO/lc. 01 appoal. Cllock appllcablo bO'os)
'.,
COMMONWEAL}'! OF PENNlJ;:;O d
COUNTY OF l () ffYl. ./'f'l
;11
AFFIDAVIT: I hereby swear or afilrm that I sorved
o a copy olthe NOli<;lV/f Apppal, ~mmonJl!PP' No, 91- /10 ~ . ,upon the District Justice designated therein on
{dalo 01 so,vico} tJ-Iarr'fJ .:l-, 19:LL. 0 ~ personal servlcelby (Cer/ille (reglste 0 ) mall, sender's
, r!!Sl'iptellachOjl hereto, 'W5I.upon the appellee, (name) -r- I , on
, 11n.(' (' If) !Ii , 19TI..D by personal service ~Y (cerlilied) (reglstored) mail, se r's recolpt Bllached he,eto,
Erand lurther thai I served the RulJ/AO File a Complaint accompanYi? lhu above Notice 01 Appeel upon the appellee{a) towhom
the Rule was addressed on l.Lif}I?Cll 5' , 19 7 0 by personal service ~(certilled) (registered)
meil, sender's receipt allached hereto.
lWne- % J7/i#t ~"ure ol.lltam
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS II DAYOF~c.L,19 97
Cu.LU.- e hLJt..v{.~(),
Slgn,'ur. 01 alflcl" before ..hum .It,d4v,' wu m.de
Tlf" of oUici.,
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E, MAR5L>>~D, r"'2IY PIflIc
. ~,lisJ., Cum~trland Ceunty
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BOROUGH OF MOUNT /lOLLY SPRINGS, IN TIlE COURT OF COllMON PLilAS OF
Plaintiff CL'HBERLAND COUNTY, I'EtfflSYLVANIA
v. NO. 97-1103 CIVIL 19
DEBRA K. MARSH, CIVIL ACTION - LAW
Defendant
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substant~ally
in the following form:
PETI':'!ON FOR APPOINTIIENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Kei th O. Brenneman. Esauire, counsel for the plaintiff/lliGerlxlll\'[lIC in
the above
1.
2.
action 1mx211ltm:kl:llls):, respec tfully represents that:
The above-captioned action (or actions) is (are) at issue.
The claim of the plaintiff in the action is $ 107.68
The counterclaim of the defendant in the action is Q
The following attorneys are ~nterested in tbe
wise disqualified to sit as arbitrators:
case(s) as counselor ore other-
Kp;th o. Rrpnneman. ESQ..
Richard C. Snelbaker, Esq., Philip H. Spare, Esq.
WHEREt'ORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
~e~f,i?ullY submit:ed,
rrr. .;;Jlt.t1(U.CL-
Keith O. Brenneman
Date: July 21, 1997
ORDER OF COURT
AND NOW,
I 19!1L.,
petition, is {J,'L A'E../JJ,
M~RlI!JL()//M t7N ,E~., are appointed arbitrators in the
in consideration of the
Esq., OJtjd lJuri'4-.
-
foregoing
Esq.. and
above-captioned action (or actions) as prayed for.
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NOTICE OF APPEAL
COMMONWIALTH O' PINNSYLVANIA
COURT O' COMMON PLlAS
FROM
"
JUDltlAL DISTRICT
DISTRICT JUSTICE JUDGMENT
CDMMONmASN.. 97-1103 ~;l.IiL . /(/2JYj
NOTICE OF APPEAL
Notice i. giwn that tho appellant he" liled in the above Covrt of Common Plea. on appeal from the jvdgmont rendered by the Di.trict Jv.tice on the
dote lI'lClln tho ca>O mentioned boIow.
.
CV 19.
IT 19 c::...
This block wiD be oignod ONtY when !hi. notation i. required under Po. R.CPJP. No.
100811.
This Notice 01 Appeal. when received by the Di.trict Jv.Iic.. will operate o. 0
SUPERSEDEAS 10 tho judgment Ie< po.....ion in this co...
Sig'>ature 01 AtlthonO/afY 01 Deputy
/I appellant was CLAIMANT (see Pa. R.CP.JP. No.
1001 (6) in action before District Justice. he MUST
FILE A COMPLAINT within twenty (20) days alter
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section 01 tonn to be used ONLY when awellant was DEFENDANT (see Pa, RC.P,J,P. No, 100 1 (7) in action before District Jus/ice,
IF NOT USED, detach from ccpy 01 notice 01 aweal 10 be served upon awellee},
PRAECIPE, To Prothonotary ,
Enter Me vpoo -py.,rou..qA ()j:' rnl M6//f), ~lIt1I5 ,oppelIee(.), to IiIo 0 c,,"",*,inl in this appeal
--.. 0/ IIff,c/looilJ]
(Common Plea. No. (} "i - / luj (1;", 1 YE:/Ur) ) within twenty (20) day. n;;;;: rx iruffer ~d....non pros.
,I 1 #~oI_a,.._a__
RULE, T-:F/lmuqn ,E:/!J}!:!O/J;j ~flJjappe".('~
(1) You en notified thol 0 Me i. hereby entered upon you 10 file 0 ~t in this oppooI within twenty (20) day. after tho dote 01
service of this rule vpoo you by personal .ervice rx by corlifiod or registered moot
(2) W you do not file 0 ~nt w~hin this limo, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) Tho dote 01 service of this rule ~ _vice was by moil i. tho dote of moo"ling.
0olo: fIl';lIlr"J.. \< ,1922, \.. Ao...(_ P ~/2LJt.r .l\....G...
...L:fC' ~ ~, 01 0lpAy
ICPC Jlit.&4
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool 01 semeo MUST OE FILED WITHIN TEN (101 DA YS AF rEn 1,llng Iho nOl'co 01 appBal, Cheqk app/lcablo bO',as)
. ) \ .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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AFFIDAVIT:
, , \
I hereby swear or alhrm that I served
o a copy of the Notice of Appoal, Common Pleas No , upon the'Distrlct Justice desIgnated IhNCln on
(dalB 01 servlco) , 19_, 0 by personal service 0 by (certllred) (re9'stered) mall, sender's
roceipt attached herelo. and upon the appellee. (name) . on
. 19 n by pcrson.11 senllce 0 by (cerllfled) (registered) mall, 5t>nder's recelpl illlact1cd hereto
o and further that I ser....ed thu Rule to File it ComplaInt accompanying the aUQIJC Notlr.e of Appeal upon the appelleel') to whom
the Rule was addressed on 19__ 0 b,' persona! S('!r'...lce 0 by (certlfted) (registered)
mail. sender's receipt attached hereto
SWORN (AFFIRMED) AND SUBSCRIBED BErORE ME
THIS
DAYOF___, 19_
S'gna'ufo of alllant
Slgnatur6 of olf,clal tli'Of8 whom d"'dft~11 WdS matle
Till&01 O"'C"I
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My commission expues on
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BOROUGH OP MOUNT HOLLY SPRINGS, 1 IN THE COURT OP COMMON PLEAS OP
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
1
v. 1 NO. 97-1103 CIVIL
I
DEBRA K. MARSH, 1
Defendant I CIVIL ACTION - LAW
NOTICE OF ARBITRATION HEARING
TO: Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Debra Marsh
265 Pine School Road
Gardners, PA 17324
PLEASE TAKE NOTICE that the Arbitration Hearing in the above-
captioned matter has been scheduled for Mondav. November 17. 1997,
at 10100 a.m. in the Law Offices of COSTOPOULOS, FOSTER & FIELDS,
831 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043.
, . C,}
L_ . ~l..J ~ci---~~;,. '~")__,,- ..
'--., Leslie M. Fields, Esquire
Board of Arbitrators
Mark Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Thomas Ollason, Esquire
Cipriani & Werner, P.C.
1017 Mumma Road
Lemoyne, PA 17043-1145
\
Date: 'j.'),1 2(, I';')
I
f:
f; TABLE OF CONTENTS
fI RULES AND REGULATIONS
m CHAPTER TITLE PAGE
~ 1.0 RULES AND REGULATIONS
2.0 ENFORCEMENT I
~ 3,0 DEFINITIONS
m 4,0 APPLICATIONS 3
A. Service Connections 3
B, Water Service 4
m C. Deposits 4
5,0 CONDITIONS OF INSTALLATION AND USE 4
I A. Written Pennit for Cuslomer To Supply
Persons or Families 4
B. Authority's Service Lines 4
I C. Customer's Service Lines 5
D. Opening and Closing Valves 7
I E. Two or More Customers on Same Service 7
F. Temporary Uses 7
G. Non-Pennissible Connections 8
I H. Backflow Prevention Devices 8
I. Standby Service 10
1. Commercial Water Haulers II
I 6,0 METERS II
A, Detennination of Metering II
I B. Size, Installation, and Ownership II
C, Payment for Meters 12
D. Location of Meters 12
I E. Protection of Meters 13
F, Meter Tests 13
G. Leaks and Defective Plumbing 13
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. '
TABLE OF CONTENTS (cont'd)
...
CHAPTER TITLE PAGE
lOlI
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7.0 FIRE SERVICE AND OTHER SPECIAL USES 13
..; A, Public Hydrant Installation 13
B. Private Fire Service 14
C. Use of Fire Service Facilities 17
D. Boilers 17
E, Heat Transfer Equipment 17
8.0 DISCONTINUANCE OF SERVICE 18
, f A. Notice and Charges 18
B, RellSons for Discontinuance 18
C. Supply of Water 19
D. Vacating the Premises 19
... 9.0 EXTENSION OF SERVICE 20
I
.., A, Main Extension Requirements 20
10.0 MISCELLANEOUS REGULATIONS 21
~.>i A. Access by Authority Personnel 21
B. Temporary Interruption of Service 21
C. Water Emergency 21
D. Time Limit for Permits 21
E. Encroachment 22
.,~
ILO TERMS OF PAYMENT 22
A. Bills Rendered 22
B. Computation of Bills 22
C, Bills Due and Payable 23
L D, Bills of Doubtful Accuracy 23
E. Failure to Receive Bill 23
F. Charge for Late Payment 24
l G. Bad Checks 24
H. Connection Charge 24
I. Tapping Fees 24
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1 b'<Mtolr.n 10< TC-2 JUllIIlY \, 1995
MOUNT HOLLY SPRINGS BOROUGH AUTHORITY
WATER SERVICE
RATES, RULES AND REGULATIONS
1.0 RULES AND REGULATIONS
These Rules and Regulations are a part of the Contract wiIh every person who takes water
service, and every such person by taking water agrees to be bound thereby,
These Rules and Regulalions are not intended to conflict wiIh any local, state or federal
legislation, Any provisions that are found to be in direct conflict wiIh such legislation
shall not be applicable.
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2.0 ENFORCEMENT
These Rules and Regulations shall become effective on and after January I, 1995, to all
properties then and after connected to Ihe water system. All prior Authority rules,
regulations, and resolutions not consistent herewiIh are hereby repealed, provided,
however, that all rights accrued and monies due the AuIhority or its agent under any such
rules, regulations, and resolutions are preserved to the AuIhority. The Authority reserves
the right to amend Ihese Rates, Rules and Regulations in such manner and at such times
as, in its opinion, may be advisable,
3.0 DEFINITIONS
A. ADDlicant: A person who applies for water service at a premises,
B, AuIhorilJ: Mount Holly Springs Borough Authority, a Pennsylvania Municipality
Authority.
C, Authoritv's Service Line: The water service pipe and appurtenances extending from
the AuIhority's main including: the tee or tap in the main, the lateral pipe to a point
at or near the property line, Ihe curb stop or service valve, and the curb box or valve
box.
0, BoroUl!h: The Borough of Mount Holly Springs, Cumberland County, a
Pennsylvania Municipal Corporation,
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E. Class of Service: All CUSlomers shall be classified by the Authority under one of the
following definitions:
I. Domestic - a customer utilizing water service furnished to a property, structure
or portion thereof intended to be used wholly or in part for the purposes of a
residential dwelling place. Houses, apartments, condominiums and trailers
shall be included in this definition,
2.
Commercial - a customer utilizing water service furnished to a property,
structure or portion thereof intended to be used wholly or in part for the
purposes of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public use, Laundromats,
cemeteries, hotels, motels, boarding or rooming houses and institutional
dormitories shall be included in this definition.
3. Industrial - a cuslomer utilizing water service furnished to a property,
structure or portion thereof intended to be used wholly or in part for the
manufacturing, fabricating, processing or assembly of any product, commodity
or article, Individual large volume water users with special agreements with
the Authority shall be included in this definition.
F. Commercial Water Hauler: A person delivering the Authority's water supply to
retail customers.
G, Contractor: A builder or other person who uses water on a temporary basis for
construction purposes.
H, Cross-Connection: Any connection, direct or indirect, that physiCally joins a
customer's service line, or any piping extension thereof, to a non-porable source of
water, or to a water system other than that of the Authority,
I. Customer: Any person who receives waler service from the Authority.
j, Customer's Service Line: That part of the water service pipe extending from the
Authority's service line at the curb stop or service valve, to the premises or point of
consumption, except the water meter,
K. Main: Any pipe or water line, excluding the service connections, constituting part of
the waler system used for transporting water.
L. Main Extension: Water service requiring the construction of one or more additional
water mllins.
M. Meter: A device for measuring the quantity of water used, which is a basis for
determining charges for water service to a customer,
N, Owner: The person in whose name the deed for a property is designated.
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0, Person: An individual, partnership, company, corporation, association, corporate
political body, joint ownership, or any other enIity capable of functioning in the
context used herein.
p, Premises: The property, building, other site, or portion thereof, to which waler
service is furnished.
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Q. Standbv Service: Water service intended to supplement service provided from a
source of supply other than that of the Authority.
R. Tenant: A person who leases or renls premises from an owner,
S. Township: Any of the Townships of Cumberland County in which the Authority
provides water service.
T. Unit: The place of OCcupancy of one customer,
U. Water Service: Provision by the Authority of water as a commodity, of readiness
to serve water for any pUrposes, and of any services related thereto,
V, Water Svstem: The Authority's water supply and distribution facilities, taken as a
whole, or as any portion thereof.
4.0 APPLICATIONS
A. SERVICE CONNECTIONS
I. Any owner desiring the introduction or alteration of a service line or lines
from the Authority's main to his (or her) premises must first make written
application on the fonn furnished by the Authority or its agent, at least seven
(7) days before service is required, The application shall state the time when
the installation will be ready for inspection by the Authority or its agent.
2, The application must be signed by the owner which applicalion shall, together
with these Rules and Regulations, regulate and control water service to the
premises. The applicalion shaff be binding upon the heirs and assigns of the
owner,
3, Any applicant desiring standby service shall so state on the application fonn,
4. The application will not be approved until the Authority or its agent receives
full payment of all applicable service connection charges, tapping fees, and
other charges as duly adopted by the Authority,
5, A tenant may not make application for a water service connection,
b:\rnhrAr.n,b.1
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JanUll)' I. 1995
2,
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4,
Separale service lines shall be installed for normal domestic water service and
fire protection service unless approved by the Authority or ils agent.
Separate service lines shall be installed for each property owner or separately
deeded property.
The location of the service line will be designated by the Authority or its
agent.
5. No other utility line shall be within four (4) feet of the service line trench,
unless previous written approval is secured from the Authority or its agent.
6. The Authority or its agent may permit a water service line to be placed in the
same trench with a building drain or building sewer upon the following
conditions:
(a) The bottom of the water service line shall be at least 18 inches above the
top of the sewer line at all points,
o
(b) The water service line shall be placed on a solid shelf excavated at one
side of the common trench,
7. When a customer desires a change in location or size of an existing service
line, he shall bear the entire cost of the change.
8. The Authority will be responsible for the maintenance and repair of i13 service
line.
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9. Authority's service lines will not be installed on private property, unless the
customer provides a duly recorded written easement granting permission for
the Authority or its agent to install and maintain the service line on said
private property.
10, The Authority or its agent reserves the right to delay installation of its service
line until after the customer installs his service line to the Authority's
satisfaction,
C. CUSTOMER'S SERVICE LINES
1. The customer's service line shall be installed and maintained by the customer
at his expense, Customer must hire a qualified contractor to excavate and
install the tap to the Authority's main including providing service line pipe to
the curb stop. Installation must be inspected by the Authority or its agent.
2. The size of the service line shall be established by the customer and will be
subject to Authority or its agent review and approval. However, the Authority
or its agent will assume no responsibility for adequacy of service line size.
b:\rn:hrllr.n bit
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The customer's service line shall be installed as a continuous length of pipe,
and shall meet Authority specifications, If the length of the service line is less
than 100 feet of coil, then no coupling(s) shall be permilled, If the length of
the service line is greater than 100 feet, then one coupling shall be permilled
on the street side of the length of pipe,
All work shall be performed in accordance with applicable plumbing codes
and OSHA safety requirements.
5.
All street/road cuts must have applicable permits and must be restored to
appropriate State, Borough or Township rules and regulations.
6.
Approved service line materials include:
(a) Type "K" soft copper tubing using approved compression fillings (no
soldered or brazed joints will be allowed underground),
(b) Copper tube size polyethylene plastic pipe, PE 3408 class 200 psi (SDR
9), with stainless steel inserts and approved compression fittings,
(c) All service line installations must be certified as being lead free.
7.
The customer's service line shall be laid not less than three and one-half (3.5)
feet below finished grade.
8.
The service line trench shall not be backfilled until the Authority's service line
is installed and both service lines are inspected and tested in the presence of
the Authority or its agent. If any defects are found in the customer's service
line, water service will not be furnished until such defects are remedied,
9,
A separate full-port ball valve shall be installed by the customer immediately
inside the basement wall. The ball valve shall be located before the meter.
10,
The applicant shall also furnish and install the plumbing in an approved
manner and at a location approved by the Authority or its agent.
11.
If service line pressure exceeds 80 psi and/or is deemed excessive by either the
Authority or its agent, applicant, or customer, it shall be the customer's
responsibility to install a pressure regulator at his expense.
12,
Although service line pressure may be undesirably low, the Authority or its
agent shall be under no obligation to increase pressure by pumping or other
means,
The customer shall keep his service line in good condition under penalty of
service discontinuance,
13.
14.
The customer shall pay all costs for relocating or changing his service line.
-6-
1..._1,1995
IS, Installalion of all new or replaced customer service lines shall be subjecl 10
inspection and approval by the Authority or its agent.
16, If the Authority or its agent is required to renew its water service line, and the
customer's service line does nol meel the Aulhority specificalions, the
Authority or its agent may issue notice to the customer to renew his service
line at the customer's expense, coincidenl wilh the Aulhority's renewal.
17. All fire service line requirements shall reflect the guidelines set forth in
Seclion 7,0, Part B of these Rates, Rules and Regulations and shall be in
accordance with the latest edition of the Authority's General Specifications for
Waler System Construction,
D. OPENING AND CLOSING VALVES OR HYDRANTS
I, No unauthorized customer or person shall operate any curb stop, valve, or
hydrant in any Authority line or main.
E. TWO OR MORE CUSTOMERS ON SAME SERVICE
I. Each customer will be supplied through a separate metered service connection
unless the authority grants an exception.
2, No owner of any premises shall furnish Authority water to other persons or
premises without written approval by the Authority or its agent.
3. Where two or more customers are supplied from the same service line, a
separate service valve and valve box shall be provided for each customer,
I
4.
When two or more cuslomers are supplied from the same service line, any
violation of these Rules and Regulations by any of said customers shall be
deemed a violation by all, and the Authority or its agent may take action
against the group of customers as if they were a single customer. However,
such action will not be taken until an innocent customer is given the
opportunity to install a separate service connection,
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F. TEMPORARY USES
I, Water service may be provided on a temporary basis for special conditions
which do not fall under the classification of permanent or standby service.
Each case shall be reviewed on an individual basis and service shall be at the
discretion of the Authority or its agent.
2. Applicants for temporary use of water shall submit a written application to the
AUlhority or its agent for approval. The application shall be accompanied by a
deposit in the amount of the estimated quarterly charge, as determined by the
Authority or its agent.
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lanuuy I. \99'
3, All costs for installation and dismantling Authority service connections shall
be paid for by the applicant. A minimum fee will be imposed.
4, Temporary waler service must be metered and is required by the Authority.
The Authority or its agent will install and remove the meter, and all costs shall
be paid by the applicant.
G. NON-PERMISSIBLE CONNECTIONS
1. The following connections are prohibited:
(a) Connection to any water system, other than the Authority water system.
(b) Any device that may cause water hammer,
(c) An unprotected connection to a booster pump, boiler plant, or boiler
pump,
H, BACKFLOW PREVENTION DEVICES
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1.
Section 109.709 of the Pennsylvania Department of Environmental Resources
(DER) Rules and Regulations (25 PA. Code Chapter 109) requires that "the
public water supplier shall develop and implement a comprehensive control
program for the elimination of existing cross-connections, or the effective
containment of sources of contamination, and prevention of future cross-
connections". The requirements for the cross-connection control program are
defined in the DER Public Water Supply Manual, Part VII, and are
supplemented herein for the Authority water system.
2.
As a minimum, all pennanent and temporary water service connections to the
Authority water system, regardless of size, including residential service
connections and fire service connections, shaH be equipped with a dual check
valve. Dual check valves installed on 3/4-inch diameter residential service
lines shall be purchased from the Authority or its agent and installed at the
customer's expense, All dual check valves larger than 3/4-inch diameter, and
all other backflow prevention devices, shall be the property of the customer or
owner, as the case may be, who shall remain responsible for their installation,
inspection, testing and overhaul in accordance with Authority requirements,
3,
No water service shall be installed or maintained to any premises where actual
or potential cross-connections may exist unless such actual or potential cross-
connections are abated or controlled to the Authority or its agent's satisfaction,
When, in the opinion of the Authority or its agent, an approved backflow
prevention device is required, the customer shall install such approved
backflow prevention device at each service connection to the premises, No
connection shall be installed or maintained whereby water from an unapproved
auxiliary source may enter the Authority's water system.
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4,
When an approved baekflow prevention device is required, Ihat device sholl be
installed at 0 local ion and in 0 manner approved by the Authority or its agenl
and sholl be inslalled by 0 properly qualified person,
The device sholl be located on the customer's side of the water meter, prior to
any olher branch piping to the customer's premises, However, 0 reduced
pressure baekflow prevention device sholl not be permitted in the meter pit,
but sholl be installed in the building or above the meter pit in a location where
it will not be subject to flooding and will be maintained free from standing
water.
s.
The type of backflow proleetion device required for 0 particular customer shall
be determined by the Authority or its agent based on then-current regulatory
requirements. An approved air gap separation shall be installed where there
are substances that are dangerous to public health. An approved air gap
separation or an approved reduced pressure zone device (RPZD) shall be
installed where the Authority's water system may be contaminated with a
substance that could cause a water system or health hazard. An approved air
gap separation, or an approved RPZD, or an approved double-check valve
assembly (DCV A) shall be installed where the Authority water system may be
polluted with substances that would be objectionable bUI not dangerous to
health, The requirements from Tables VII-I and VII-2 of the July 1986 DER
Public Water Supply Manual, Part VII, are attached in Appendix B for
reference.
6,
Costs of furnishing and installing the back flow prevention device shall be
borne by the customer, who also retains ownership of the device and is
responsible for testing and maintaining it. Devices sholl be inspected, tested,
and overhauled at the customer's expense in accordance with the following
schedule:
(a) Air separation shall be inspected at time of installation and at least every
twelve months thereafter.
(b) Double check valve assemblies shall be inspected and tested for tightness
at the time of inslallation and at least every twelve months thereafter.
(c) They shall be dismantled, inspected internally, cleaned and repaired
whenever needed and at least every five years.
(d) Interchangeable connections sholl be inspected at the time of installation
and at least every twelve months thereafter,
Inspections, testing and overhaul sholl be performed by 0 person certified for
that work, and repair or replacement shall be made without delay at the
customer's expense, The cuslomer sholl maintain a complete record of each
-9-
J..""Y I. I99S
backl10w prevcntion device and a record of inspeclions, tests. repairs, and
overhauls shall be submitted 10 the Authority or ils agent upon request,
7. The customer shall be responsible for conducting periodic surveys of water use
practices on the premises to determine whether there are actual or potential
cross-connections through which contaminants or pollutants could backl10w
into the Authority's water system, and the customer shall furnish information
on water use to the Authority or ils agent on request, The customer's
premises shall be open to the Aulhority or its agenl on request to conduct
surveys and invesligations related to water use practices and actual or pOlential
cross-connections,
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8. The Authority or its agent reserves the right to require an approved backl10w
protection device where the Authority or its agent determines that cross-
connections are not correctable or that intricale plumbing arrangements make it
impractical to determine whether cross-connections exist, where it is
impossible or impractical to make a complele cross-connection survey, or
where there is a history of cross-connections being established or reestablished,
, .
9, Where a booster pump has been installed on the service line to or within any
premises, such pump shaH be equipped with a low pressure cut-off device
designed to shut-off the booster pump when the pump suction pressure drops
to ten pounds per square inch gauge or less for a period of 30 seconds or
longer. The customer shall maintain the low pressure cut-off device in proper
working order.
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10, The Authority or its agent may deny or discontinue, after rp.asonable notice to
the occupants thereof, water service to any premises wherein any backl10w
prevention device is not installed, tested, and maintained as required; or if the
backl10w prevention device has been removed or by-passed; or if an
unprotected cross-connection exists on the premises; or if a low pressure cut-
off device is not installed and maintained in working order. Water service to
such premises shall not be restored until the customer has corrected or
eliminated such conditions or defects to the satisfaction of the Authority or its
agent.
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11. When a backl10w preventer is instaHed, the customer is responsible to have a
safety relief valve and expansion tank installed on the house piping to relieve
excess pressure due to heating water.
1. STANDBY SERVICE
1, Any customer desiring standby water service including but not limited to fllC
hydrants shaH submit a written application to the Authority or its agent.
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No customer shall install, remove or disconnecl a meter wilhout Ihe approval
of the Authority or its agent.
C. PAYMENT FOR METERS
I, The customer shall pay all cosls for furnishing and inslalling the meter and
connections, including meter pit where required, according to the applicable
Schedule of Tapping Fees (Capital Charges Study).
D. LOCATION OF METERS
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1. The AUlhority or its agenl will delermine the location of all meters,
2. Each customer unit of any type or class and whether owner or tenant occupied,
shall have a separate meier, except as permilled otherwise by the Authority or
its agent.
3. When a meler is installed within a building, the customer shall provide, at his
expense, an approved installation space, and approved piping connections'
complete with stops or valves with drains.
I f the building being served is built on a slab or over a crawl space, the meter
must be installed in the heated occupied space or in a meter pit as determined
by the Authority or its agent. Meters installed inside buildings must remain
readily, easily and fully accessible at all times,
When a meter is installed outside a building, it shall be placed in an approved
meler pit purchased from the Authority or its agent, complete with approved
stops or valves, backflow preventer and drain, all provided at the customer's
expense,
When the building being served is more than one hundred (100) feet from the
curb stop, the meter shall be installed in a meter pit purchased from the
Authority or its agent and installed al the customer's expense. The meter pit
shall be placed adjacent to the curb stop,
7.
Commercial or domestic multi-unit buildings served through a single service
line, where units are tenant occupied, may have a single meter if approved by
the Authority or its agent.
8. Each owner occupied unit of a commercial or domestic use multi-unit building
shall have a separate service line and separate meter, even if converted to that
type of occupancy from other prior use.
-12-
January \, I99S
E. PROTECTION OF METERS
I. The cuslomer shall protecl the meter againsl damage due to Ii'eezing, hOI
water, negligence, and other causes, The Authority or its agenl will repair any
loss or damage al the customer's expense, If payment for loss or damage is
not made within 10 days of the billing datc, service will bc discontinued as
provided by law unlj( the bill is paid,
F. METER TESTS
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1. The Authority or its agenl may test or replace a cuslomer meter at any time
after reasonable notification,
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2, After receipt of a written request and deposit, as listed below, the Authority or
its agent will test the accuracy of a customer's meter, If the meter accuracy is
within :1:4%, the meter is considered accurate and Ihe deposit will be retained,
If the meter accuracy is not within 4%, the meter will be repaired or replaced
at Authority expense, and the deposit will be relurned,
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3. If a meter is found to be inaccurale, an adjustment will be made for the current
billing period only, based on test results or on the recorded consumption for
the same billing period during the prior year, If there is evidence to establish
the date of inaccuracy, the adjustment will be made from thai date.
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G, LEAKS AND DEFECTIVE PLUMBING
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I. The Authority or its agent is not liable for damage resulting from leaks,
broken pipes, or any other causes, occurring al any premises. The customer
shall have no claims against the Authority or its agent on account of the
bursting or break in of any main, service pipe, or water system appurtenance.
2. All meter consumption will be billed according to Schedule of Water Rates
and Charges and no adjustment will be made for excessive consumption due to
leakage or waste,
7.0 FIRE SERVICE AND OTHER SPECIAL USES
A, PUBLIC HYDRANT INSTALLATION
I. When a municipality desires the installation of a fire hydrant on the Authority
system, the municipality shall make application to the Authority or its agent
for the installation, The Authority or its agent reserves the right to request
that a deposit, equal to the estimated cost of the hydrant installation,
accompany the application. The hydrant installation will be made by and will
become the property of the Authority, All costs of the hydrant installation,
including connection, valve, piping, and hydrant, shall be borne by the
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1_I,I99l
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municipality. The aclual cost of the installation of each hydrant shall be paid
by the municipality before the water is turned on,
2,
Public fire prolection service shall be paid by the municipality requesting the
public fire hydrant at the rale stipulated in the Authority Schedule of Water
Rates and Charges,
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3.
Whenever a municipality desires that the location of a fire hydrant be changed,
it shall make application for the change, and the change will be made by the
Authority or its agent at the expense of the municipality.
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4, No fire hydrant shall be used without the Authority or its agent's permission
for any purpose, except by persons authorized to use them in extinguishing
fires,
5, The Authority or its agent does not assume any liability as insurer of property
of person, Any consumer receiving fire service will not be entitled (in the
event of fire) to any service, pressure, capacity, or facility other than that
available at the time, in view of the circumstances of the Authority or its agent
at that time. The Authority or its agent shall not be liable for any damage or
injury to any person or property by reason of any fire, water, failure to supply
water, or pressure, or capacity, or lack thereof, due to any cause beyond the
reasonable control of the Authority or its agent.
B.
PRIVATE FIRE SERVICE
I. Each person desiring privale fire service, such as for a sprinkler system, shall
make application for that service to the Authority or its agent. Application
shall be made on the Authority form contained in Appendix C,
2,
If requested by the Authority or its agent, the applicant shall submit
information on its private fire service requirements including, but not
necessarily limited to, flow, residual pressure, and flow duration, The
Authority or its agent reserves the right to deny provision of fire service until
such time as all necessary information is provided for Authority or its agent
review,
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3, Each applicant shall be required to pay all charges associated with the
provision of private fire service, in accordance with the Authority's duly
adopted rules, regulations and charges, including those charges due and
payable before service is provided as well as those due and payable in
conjunction with the actual provision of the service,
4, The applicant shall be solely responsible for the design, installation, operation,
and maintenance of the fire service system to which the Authority is providing
private fire service, It shall be the applicant's sole responsibility to insure the
adequacy of his on-site fire protection system and to satisfy all applicable
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January I. 1995
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governmenial regulations in regard to Ihal system. The applicanl should have
his fire prolection system designed by a qualified and experienced and/or
registered fire service protection firm or representative, The AUlhority or ils
agent reserves the right, both prior to and during Ihe provision of private fire
service, to require that the applicant (cuslomer) submit complete detailed
information on the makeup of his on-sile fire service protection system, for the
purposes of review 10 insure its compatibility with the Authority's water
syslem,
5.
Although the Authority or its agenl may, from time 10 time, provide
information to an applicant or customer in regard 10 the availability and/or
provision of private fire service, any and all information presented by the
Authority and/or its agents is provided solely as a matter of convenience, No
warranty or guarantee of any sort is furnished or implied with respect 10 the
actual flow, pressure, or other service capability that will be realized from the
Authority's water system, The Authority and/or its agents assume no liability
or responsibility whatsoever as insurers of property or person, nor in regard to
any damage or injury to any person or property by reason of any fire,
flooding, or water service failute of any type, or any other cause associated'
with the Authority's provision of water service, No customer is entitled to any
service capability (flow, pressute, etc,) except that which is available at the
time of service. The manner in which Authority-furnished information is
interpreted and/or used by the applicant or customer is Ihe sole responsibility
of the applicant or customer.
6.
The applicant and/or customer may request the Authority or its agent to
provide it with a "determination of estimated fire service capability", Such a
determination will be provided by the Authority or its agent after proper
application is made, and the appropriate fee is paid, all in accordance with the
application form shown in Appendix C,
7.
All aspects of the design, insiallation, operation, and maintenance of the
applicant's fire service protection system shall comply with all applicable
requirements of the latest edition of the Authority's General Specifications for
Water System Construction, The Authority or its agent reserves the right to
require the applicant and/or customer to provide it with detailed information
on its fire service protection system and also reserves the right to inspect the
installed system, The Authority or its agent further reserves the right to deny
or terminate private fire service if the system is not in compliance with said
specifications.
8, When an applicant desire both private fire service and domestic water service
to a certain premises, the Authority prefers that such service be provided by
means of two independent service connections, However, the Authority or its
agent will permit such dual service to be provided through a single service
connection on condition that all aspects of the installation satisfy the latest
-15-
January I. I99S
edition of the Authority's General Specifications for Waler System
Construction,
9.
In cases where an applicanl requests private fire service to a premises after
domestic water service has already been installed, the Authority or its agent
reserves the right to require that a new and separate service connection be
inslalled for the provision of the private fire service,
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10, All private fire service lines, as well as domestic service lines, shall be
equipped with Authority approved backllow prevention devices, consistenl
with Pennsylvania Department of Environmental Resources regulations, and in
accordance with the lalesl edition of the Authorily's General Specifications for
Water System Construction. All backflow prevention devices shall be the
property of the customer who shall be fully responsible for all costs associated
with their proper inslallation, operation and maintenance, The Authority or its
agent reserves the right to require that customers appropriately test and
mainlain said backllow prevention devices. Failure to comply with Authority
stipulations in this regard shall be grounds for tennination of private fire
service.
11. All watch meters (bypass meters) inslalled on private fire service lines shall
become the property of the Authority, The Authority or its agent reserves the
right to charge the customer for metered consumption through such watch
meters in accordance with its duly adopted rules, regulations and charges,
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12, With the exception of the watch meters (bypass meters), all fire service meters,
including detector check assemblies, shall be the property of the customer,
who shall be solely responsible for all costs associated with their inslallation,
testing, repair, maintenance, etc. The Authority or its agent reserves the righl
to require customer actions in that regard, and failure to comply shall
constitute grounds for tennination of private fire service,
13. No cross connection of any type shall be pennitted belween any pipe served
through a private fire service line and any pipe served through a domestic
water service line, If delennined to exist, all such cross connections shall be
immediately disassembled, Failure to disassemble such cross connections shall
constitute grounds for immediate tennination of private fire service and/or
domestic water service.
14, No cross connection shall be made between a pipe served from the Authority's
private fire service connection and any other source of water supply, such as a
customer well supply, If detennined to exist, all such connections shall be
immediately disassembled, If not disassembled, such cross connections shall
constitute immediate grounds for tennination of privale fire service by the
Authority or its agent.
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January 1.1995
IS. Private fire service lines are not to be used for waler scrvicc, except for actual
fire service emergencies or for testing of fire protection service systems,
Unauthorized use of fire servicc lines shall conslitule grounds for the
Authority or its agent's terminalion of private fire scrvice ood the customer
shall be liable for estimaled quootities of unauthorized use.
16. In addition to rendering charges for metered consumption through fire service
line meters, the Authority or its agent reservcs thc right to impose flat rates
(standing ready to serve) and other appropriatc charges, if ooy, for the
provision of private fire service, all in accordooce with its duly adopted
Schedule of Water Rotes ood Charges,
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17, No separate charge will be imposed by the Authority or its agent for fire
hydroots installed on the customcr's side of the fire service meter or detector
check assembly, However, appropriate rate charges will be imposed by the
Authority or its agenl for all hydroots installed on the Authority's side of the
fire service meter or detector check assembly at the level of rates ood charges
set forth in the Authority's duly adopted Schedule of Water Rotes ood
Charges.
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C. USE OF FIRE SERVICE FACILITIES
I. No fire hydroot or private fire service line shall be used for ooy purpose other
thoo extinguishing fires,
2.
Any municipality, fire compooy, or cuslomer desiring to test hydroots or fire
service lines shall notify the Authority or its agent at least five (5) working
days in advooce of the scheduled test. The conduct of such tests shall be
subject to Authority or its agent approval.
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D. BOILERS
I. Customers who use thc water supply for steam boilers or similar facilities do
so at their own risk, The Authority or its agent, upon request. will furnish
water system pressure data for customer convenience in setting relief valves,
but in no way guarootees the results,
E, HEAT TRANSFER EQUIPMENT
I, Heat troosfer equipment includes air conditioning, refrigeration, heat pump, or
other heating or cooling equipment, air compressor, atmospheric condenser,
vacuum poo, or similar equipment or heat exchoogers attached to ooy such
equipment supplied with water from the Authority water system,
2. Where a customer desires to utilize water for heat troosfer equipment, 00
application shall be submitted to the Authority or its agent for that use. The
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JanUU)' I, 1991
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Authority or its agent reserves the right 10 reject approval of such application
if projected water consumplion is excessive.
3.
If the Authority or its agent determines that water consumption for heat
transfer purposes is excessive, the AUlhority or its agcnt may discontinue
service until the customer reduces consumplion to an acceplable level.
8.0 DISCONTINUANCE OF SERVICE
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A. NOTICE AND CHARGES
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The Authority or its agent reserves the right to shuI off water for non-paymenl
of delinquent water bills and for any of the other rellSons lisled hereinbelow,
The Authority or ils agent will give the customer advance written notice of
discontinuance, will post a written notice at the premises prior to shutting off
service, and will follow procedures required by Pennsylvania law.
Discontinued service will not be restored until a service restoration fee is paid
to the Authority or its agent.
There will be no charge for temporary shut-off and turn-on of water service if
requested and performed during the Authority or its agent's normal weekday
business hours, except when service discontinuance is involved.
There will be a charge for shut-off and turn-on of water service for property
maintenance purposes if the service is performed al the customer's request
outside of the Authority or its agent's normal weekday business hours,
including holidays lIS established by the Authority or its agent.
4.
The Authority or its agent reserves the right to shut-off water service without
notice during emergencies, and the Authority or its agent shall not be liable for
any damages or inconveniences suffered,
B. REASONS FOR DISCONTINUANCE
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1. Service may be discontinued for any of the following rellSons:
(a) Violation of any Authority Rules and Regulations.
(b) Misrepresentation in application as to property or fixtures to be supplied,
or the use of the water supply,
(c) Use of water for any property or purpose not described in the
application.
(d) Tampering wilh any service pipe, meter, curb stop or seal, or any
appliance of the Authority.
-18-
JanU&t)' 1. t99S
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9.0 EXTENSION OF SERVICE
A. MAIN EXTENSION REQUIREMENTS
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I.
Any person desiring water service shall complete this application for water
service and shall file the application with Ihe Authority or its agent.
2.
The Authority shall delennine whether a main extension is required in order to
extend water service,
3.
Main extensions shall consist of any new main, including mains lying wholly
wilhin a new development.
4. When a main extension is required, the policies stated hereinbelow shall apply
to Ihe applicant.
s.
A Water Service Main Extension Agreement shall be executed between the
applicanl and the Authority for each main extension, The applicant shall be in
accordance with the tenns and conditions set forth in the Agreement. A
standard main extension agreement is contained in Appendix D.
6.
All main extensions shall be constructed in public rights-of-way or Authority-
owned easements where such a waler main easement shall be 30 feet wide
unless additional utilities are to be installed within the easement in which case
the width shall be increased as required by the Authority. The applicant shall
grant to the Authority any easemenls across his property that are necessary for
the main extension or future extensions thereof by execution of a satisfactory
Right-of-Way Agreement between the applicant and Authority,
A Right-of-Way Agreement shall be executed between the applicant and the
Authority prior 10 the execulion of the Water Service Main Extension
Agreement. The applicant shall be in accordance with the tenns and
conditions set forth in the Agreement. A standard righl-of-way agreement is
contained in Appendix D.
8. The standard agreements described above and contained in Appendix D
contain standard lenns and conditions set forth by the Authority, However,
the Authority reserves the right to modify or change such tenus and condition.~
as they pertain to specific circumstances and conditions of each water service
main extension.
9. All main extensions shall extend the entire length of the property, from
property line to property line, unless otherwise approved by the Authority.
10. The Authority may increase or decrease , at its discretion, the main sizes
required under its Rules and Regulations for Water Service and the General
Specifications for Water System Construclion,
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January t, 1995
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11. The applicant shall pay to the Authority or its agent, in advance, all capital
charges as established by the Authority,
10.0 MISCELLANEOUS REGULATIONS
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A.
ACCESS BY AUTHORITY PERSONNEL
1.
Any authorized Authority or its agent employee, upon presentation of
credentials, shall be provided with access to any premises supplied with water,
at all reasonable hours, for the purpose of reading meters, making inspections
or repairs, and securing any other information the Authority or its agent deems
necessary. If the customer neglects or refuses to provide access, service may
be discontinued, and the Authority or its agent will not be liable for any
damages or inconveniences suffered.
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B. TEMPORARY INTERRUPTION OF SERVICE
1. During any emergency, and during the changing or testing of water meters, the
Authority or its agent has the right to temporarily interrupt service to make
repairs or connections, The Authority or its agent will notify customers of
such service interruptions if possible. The Authority or its agent will not be
liable for any damages or inconveniences suffered due to service interruptions.
C, WATER EMERGENCY
"
1.
The Authority has the right to declare a "water emergency", due to a water
shortage or other emergency condition, and to impose any water use
restrictions deemed necessary during such an emergency, Water emergency
restrictions will continue in effect until terminated by the Authority,
2. The water system Superintendent, or in his absence the Engineer, and the
Authority Chairman, or in his absence the Vice-Chairman, are authorized to
act jointly for the Authority to declare a "water emergency" and to impose
water use restrictions, but such actions shall be ratified by the Authority within
5 days, or the water emergency declaration shall automatically terminate.
3. Notice of a "water emergency" declaration and water use restrictions will be
published in a newspaper in general circulation.
D, TIME LIMIT FOR PERMITS
1. Unless extended by the Authority, all service connection permits shall expire,
if unused, 7 years from the date of issuance.
-21-
JanUlJ)' 1.1995
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C, BILLS DUE AND PAYABLE
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I. All bills shall be paid by the due date shown on the bill. Payment must reach
the Authority office or its designated agent's office by the due date, The
- Authority or its agent is not responsible for late, lost or misdirected mail by
the U.S, Postal Service,
.... 2. Charges for connections, temporary uses, and special services shall be payable
on demand.
- 3. Payment delivered to the Authority or its agent or the collection agency, as
evidenced by the date stamped on the bill. on or previous to the due date of
the bill, will be considered timely payment.
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4. Water use by the same customer in different premises will not be combined,
and each installalion will be billed separately,
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5, Waler bills that remain unpaid beyond the due date are considered delinquent,
., which delinquency constitutes ground for discontinuance of service,
6, The Authority or its agent reserves the righl to take any legal action it deems
., necessary, including placing liens on property, in order to recover amounts due
and payable,
7, The owner of any mulli-unit building served through a master meter shall be
responsible for the payment of bills for all units within the building, whether
,~'I occupied or vacant.
8. If a water bill applicable 10 one or more units of a multi-unit building served
" through a master meter remains unpaid, the entire multi-unit building shall be
considered delinquent.
D, BILLS OF DOUBTFUL ACCURACY
I, Any customer who doubts the accuracy of a bill shall bring or mail the bill,
within 10 days of receipt, to the Authority or its agent's office. The Authority
or its agent will check the bill, and either confinn the original billing or issue
a corrected bill. The due date will be adjusted by the time required to check
and reissue the bill.
E, FAILURE TO RECEIVE BILL
I, The presentation of a bill to the customer is only a matter of accommodation,
Failure to receive a bill shall not exempt a customer from Ihe obligation to pay
the bill by its due date,
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JanUll)' I. 199'
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F. CHARGE FOR LATE PAYMENT
1.
All customers who have not paid their bill by the due dale will be sent a Past
Due Notice instructing them to pay wilhin ten (10) days of the notice, If past
due bills and penalties nre not paid within ten (10) of the Past Due Notice,
assumpsit charges will bc filed with the District Justice.
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G. BAD CHECKS
1.
When a customer's check is returned to the AuthoriIy or ils agent by the bank
for insufficient funds, the Authorily or its agenl will impose a service charge
to the bill for each occurrence in accordance with the Schedule of Water Rates
and Charges,
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CONNECTION CHARGE
I. Each applicant for a servic<.: connection shall pay a conneclion charge in
accordance with the Schedule of Tapping Fees (Capital Charges Study). The
connection charge is in addition to all other charges, fees, and deposits
required by the Authority, The coanection charge may be waived by the
Authority when the applicant finances the Authority's service line.
2. The connection charge shall be established by the Authority based on the size
of service line and meter required to serve the building,
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3. The connection charge shall be applied each time a service connection is
installed, even if the installation is a modification of a prior service
connection, or involves the installation of individual services and meters to a
building previously served by a master meter.
I. TAPPING FEES
"
I, Each applicanl for water service shall pay a tapping fee, prior to receipt of
service, in accordance with the Schedule of Tapping Fees (Capital Charges
Study), -,
2, When two or more customers are served through a single service line for
convenience, the tapping fee for each unit will be determined in accordance
with the Schedule of Tapping Fees (Capilal Charges Study).
3. The Authority will waive the main-related part of the tapping fee, in situations
where it can be shown that the applicant has incurred the cost of the main
extension to which the tap is being made, either directly or through acquisiIion
from a prior owner, except in those situations where the applicant or prior
owner received partial or total refunds for the main extension, This waiver
policy is subject to any restrictions contained in prior legal agreements of the
Authority.
b:\mhrAr.ntxl
-24-
lanUll)' 1. 1995
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SCHEDULE I " ..'"
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MHSBA WATER RATES &CHARGES:; ,
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SCHEDULE I
MHSBA WATER RATES & CHARGES
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FLAT RATE SERVICE
...
Minimum charge/quarter .,.""",.....",."....",.."""...."."", $ 80.00
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METER RATE SERVICE
Minimum charges/quarter: .""".""".,.""..,.,..",.", (6000 GaVQtr Allowed)
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Size of Meter
5/8" x 3/4" """.",.,.".",.,....",."...,.",...",.,...,.,.,..$ 63.00
3/4" .,.,"".,."""",.."""."".,..,...,.,."",.",.,.,.,... 95.00
I" ,....,..,',.,",.,.""""."""",.""."..""".."".",. 126.00
1-112" , , , , . . . . . . , . , , , , , . . . . . . , , , , . , . , . , , . . . . . . , , , . , . . , . . , , . , , , , , , , '. 189.00
2" ................................................................ 252.00
3" ................................................................ 378.00
4" .,.,...,.."".,.,..,...,....,.""....".",...",.,.,..".,.,. 504.00
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ConsumDtion Char2e/1000 Gal.
(Gallons ovtr 6000/Qtr) " , , , . , , , , , , , . , , . , . , , . , . . . . , . . . , . , . , , , . , , . , . , , , . , ,$ 1.25
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For billing purposes, the minimum meter size will be 3/4" for commerciaVindustrial customers,
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SPECIAL INDUSTRIAL RATE
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MH Dielectrics. Inc.(per quarter) .....,.,......."".....""..."".,.., $ 1,737.94
PUBLIC AND PRIVATE FIRE SERVICE RATES - ANNUAL
Fire Hydrants, Each - Public Inside Borough ....."......,..,.....""...".. $ 77.00
Fire Hydrants, Eacb - Public Outside Borough ,...,...,."...",.,....,.,.,.", 200.00
Fire Hydrants, Each - Private """,....".",......,.""...,."...,..." 200.00
Eacb fire service line (fire line sprinkler service or other) entering building wall:
Actual or Effective Service
line Size
Annual Char2e
2" ...............................................................$ 50.00
300 .......".,...."."........"""..,.,.........",..."...,.... ,125.00
4" ................................................................ .200.00
6" ................................................................ .450.00
8" ................................................................ .800.00
10" .....,...,.".,.,....,.."....",..",........""...,..".." 1,250,00
1200 .,',......"....,.,....,.................".......",.",...,. 1,800,00
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-Pagelof2-
JIIIIWY I, 199~
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MOUNT HOLLY SPRINGS BOROUGH AUTHORITY
CUMBERLAND COUNTY, PENNSYLVANIA
WATER AND SEWER SYSTEMS
CAPITAL CHARGES STUDY
PURSUANT TO ACT 203
TABLE OF CONTENTS
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WATER SYSTEM
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INTRODUCT!ON .,..,..,.."" . , . . , . , , , , , . . . . , . , . . , . . . . . . . . . . . . , . 1
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DESCRIPTION OF FEES ........................................... 1
CALCULATION OF FEES. . . , , , . , . . . , . . . . , . . . . . , . , . . . . , , . . . . . . . , . . , . 2
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RESULTS OF STUDY .............................................4
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SCHEDULE W-1
SUMMARY OF RECOMMENDED CAPITAL CHARGES ..,............. 5
SCHEDULE W-2
CONNECTION FEE DOCUMENTATION ................,.......... 6
SCHEDULE W-3
CUSTOMER FACILITIES FEE DOCUMENTATION ,...,."..,......",7
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SCHEDULE W-4
CALCULATION OF CAPACITY PART OF TAPPING FEE . , . . . , . . . . . . . . . . 8
SCHEDULE W-5
TRENDED ORIGINAL COST OF CAPACITY RELATED FACILITIES ,.,..... 9
SCHEDULE W-6
CALCULATION OF DISTRIBUTION PART OF TAPPING FEE, . . , , . , . .. . . 10
SCHEDULE W-7
CALCULATION OF CAPACITY COST PER
CUSTOMER BY FIRE LINE SIZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SCHEDULE W-8
APPLICANT GUIDELINES FOR ASSESSMENT OF CAPITAL CHARGES . . . . 12
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MOUNT HOLLY SPRINGS BOROUGH AUTHORITY
WATER SYSTEM
CAPITAL CHARGES STUDY
INTRODUCTION
The pennsylvania Municipal Authorities Act of 1945 includes provisions for charging
cenain tapping and connection fees to new customers for connecting to the water or
sewer system. Act 203 of 1990, which amends The Pennsylvania Municipal Authorities
Act, sets forth the procedures used to calculate tapping and connection fees. The
following provides a description of the fees included in Act 203 and the basis for
calculating the fees for Mount Holly Springs Borough Authority.
DESCRIPTION OF FEES
Act 203 sets forth three separate fees for new customers connecting to the water
or sewer system. They are the Connection Fee, the customer Facilities Fee and the
Tapping Fee.
yonnection Fee Is a charge for the cost to Install a service line from the distribution
main to the curb, The fee can be based on average or actual costs. In lieu of the fee,
the Authority may require the construction and dedication of the facilities by the property
owner.
customer Facilities Fee is a charge for the cost to install a service iine from the
curb to the dwelling or building and the installation of a water meter. When the service
line is installed by the property owner, only the cost to furnish the water meter,
accessories, and an inspection fee would apply.
Taooino Fee is comprised of several parts including a Capacity Part, a Distribution
Part, a Special Purpose Part and a Reimbursement Component. The fees are based on
current cost of the facilities and must exclude any grants, contributions and outstanding
debt which funded the facilities.
The yaoacitv Part of the tapping fee is designed to recover the current cost of
capacity related facilities. This includes source of supply, treatment, pumping,
transmission and storage facilities. The unit capacity cost Is applied to the capacity
requirements of the new customer.
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The Distribution Part of the lapping fee is designed to recover the current cost of
the distribution main serving the new customer. In lieu of the fee, the Authority may
require the construction and dedication of distribution facilities necessary to serve the new
customer.
The Sceclal Purcose Part cf the tapping fee is based on the cost of facilities
required for a specific service area or group of customers. The facilities served by a
separate booster pumping station and transmission main would qualify for special
purpose treatment, as these facilities benefit only those customers located In that area.
The Reimbursement Comoonent of the tapping fee provides for the reimbursement
to the property owner who paid for a main extension outside of the owner's development,
commonly called an approach main, The fee is based on the distribution part of the
tapping fee less five percent for administrative costs. The reimbursement provision
applies only to service lines connected directly to the approach main for a period of tlln
years.
CALCULATION OF FEES
Connection Fee and Customer Facilities Fee. The Connection Fee and Customer
Facilities Fee are calculated on Schedules W-2 and W-3, respectively, The costs are
based on the Authority's average costs to furnish 3/4-inch through 2-inch connections
arod meters, For service connections greeter than 2-inch, actlial costs to install the
service line and meter should be used as the basis for the fees,
,aooine Fee - Caoacitv Part. The Capacity Part of the TeppiiOg ~ee is presented
on Schedule W-4, The fees are calculated by multiplying the unit capacity cost for each
service area times the estimated peak day usage by meter size,
The peak day usage by meter size is based on average usage of customers and
estimated peak day factors. This average and peak day usage is considered to be
representative ior new conneCtions up to 1-inch and is used to calculate the capacity fee
shown in column 7. Fees for connections greater than 1-lnch should be calculated on
an individual basis using the estimated peak day capacity required for each customer, as
consumption for these connections can vary widely. The fee for multi-family dwellings Is
applicable for each dwelling unit to be served from a single connection,
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The trended original cost of the capacity-related facilities is developed in Schedule
W-5. The trended costs are determined by multiplying the original cost by year, times the
trend factor shown in column 5, The trend factor is calculated using the Engineering New
Record (ENR) Index for Utilities,
The unit capacity cost is also developed on Schedule W-5, The capacity-related
facilities are listed by location. The unit capacity cost Is determined by dividing the
trended original cost by the capacity of the system.
Taeeina Fee - Distribution Part. Schedule W-6 shows the calculation of the
Distribution Part of the Tapping Fee, The Distribution Part is based on the actual unit cost
to install an a-inch main. The fee is calculated by multiplying one-half of the actual unit
cost of the main (to account for connections on both sides of the street) times the
average footage required to serve the new customer. If a developer installs or pays the
Authority to Install a main extension, the distribution part of the tapping fee would not
apply unless a reimbursement for a connection to an approach main is required.
Taeelna Fee - Seecial Puroose Part. The Special Purpose Part is applicable to a
particular service area based on the cost of the facilities required to service that area,
However, no Special Purpose Part Fee Is proposed at this time, but could be instituted
in the future if the Authority desires.
Taeeina Fee - Fire Caeacitv Part, Schedule W-7 shows a calculation of capacity
costs for fire service lines, The costs are based on an estimated fire flow for each fire line
size and the current unit capacity cost of storage facilities, The trended original cost of
storage facilities is developed in Schedule W-5.
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SCHEDULE W - 1
SUMMARY OF RECOMMENDED CAPITAL CHARGES
Mount Holly Springs Borough Authority
Water System Capital Charges Study
Pursuant to Act 203
SERVICE LINE SIZE (meter size) (a)
314"
MFR(b) 314" 314" 1" 1-112" 2"
CAPITAL CHARGE (511x 314.) (511 x 314.) (314.' (I') (1-112.' (2.)
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Connection Fee (Sch W - 2) (c) $130 $130 $130 $150 $240 $320
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Customer Facllltles Fee (Sch W - 3) (d) 180 180 200 270 510 680
Taoolno Fee:
Capacity Part (Sch W - 4) 890 1,340 1,340 1,720 3,230 5,750
Distribution Part (Sch W - 6) 700 1.200 1,200 1,700 2,700 3,700
Special Purpose Part (e) (e) (e) (e) (e) (e)
Reimbursement Part (e) (e) (e) (e) (e) (e)
TOTALS $1,900 $2.850 $2,870 $3,840 $6,680 $10,450
(a) Fees for larger services should be assessed based on actual costs Incurred by lhe Authorily.
(b) MFR . mulll-famlly resldenllal unit (per unit cost),
(c) Only costs for the tapping saddle, corporallon stop. curb stop and box. and Authority Inspoellon of
customer Installallon are normally assessed,
(d) Only costs lor the meter, backflow preventer. accessories and Authorlly Inspoellon 01 customer
service line and meter Inslallallon are normally assessed. Meter pits costs are addlllonal.
(e) Calculate when applicable, based on actual costs.
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SCHEDULE W - 3
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I CUSTOMER FACILITIES FEE DOCUMENTATION
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~ Mounl Holly Springs Borough Authorlly
I Water System Capital Charges Sludy
I I Pursuanlto ACI 203
METER FEE BY SIZE
ITEM 5/8"x3/4" 3/4" 1" 1-1/2" 2"
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"" Materials and Labor (a)
I.. Meter 72.00 92.00 122.00 270.00 381.00
Meter Coupllng(s) 8.00 8.00 11.00 32.00 47.00
MeIer Valve 37.00 37.00 54.00 106.00 134.00
Backllow Prevention 31,00 31.00 51,00 69.00 92.00
Wire 4,00 4,00 4,00 4.00 4.00
Inspection/Admin, Fee 31.00 31,00 31.00 31.00 31.00
TOTAL $183.00 $203.00 $273,00 $512,00 $689,00
RECOMMENDED FEE $180 $200 $270 $510 $680
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(a) Supplier InvoiCed malerlal costs should be charged If Ihey are more than those listed,
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SCHEDULE W - 4
n CALCULATION OF CAPACITY PART OF TAPPING FEE
n Mount Holly Springs Borough Authority
Water System Capllal Charges Study
Pursuanllo Act 203
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estimated Capaclly estimated
Service Average Dally Maximum Peak Day Cost 01 Capaclly CapaCity
n SIze Consumption Day Consumption System Cost Fee
(Inches) (gal) Factor Per Unit (Sch, W - 5) Per Unit (Rounded)
(1) (2) (3) (4) (5) (6) . (5) . (4) (7)
C MFR 150 2.5 375 2.40 899 890
314 225 2,5 563 2.40 1,348 1,340
1 400 1.8 720 2.40 1,725 1,720
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lc~ 1-1/2 900 1,5 1,350 2.40 3,235 3,230
2 1,600 1.5 2,400 2,40 5,751 5,750
3 3,600 1,5 5,400 2,40 12,940 12,930
4 6,400 1.4 8,960 2,40 21,470 21,470
6 14,400 1.4 20,160 2,40 48,308 48,300
8 25,600 1,2 30,720 2,40 73,612 73,610
(a) Based on typical figures, not specllic to Authority
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SCHEDULE W - 5
TRENDED ORIGINAL COST OF CAPACITY RELATED FACILITIES
Mounl Holly Springs Borough Authority
Water System Capital Charges Sludy
Pursuant to Act 203
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Original
Cost ($)
(2)
ENR Index
At Year At
Installed 11193
(3) (4)
Trended
Original Cost ($)
(6) - (5) . (2)
Trend
Factor
(5)-(4)/(3)
Component & DescrlpIlon
(1)
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Pine Ad His Well/Pumo Slallon & Standoloe:
1963 Purchase 25,000
1969 Improvements 22,000
1991 Addition 330,000
151,319
n,411
362.787
872
1500
4801
5278
5278
5278
6.0528
3,5187
1.0994
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SCHEDULE W - 6
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CALCULATION OF DISTRIBUTION PART OF TAPPING FEE
10'\ Mount Holly Springs Borough Authorlly
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, , Waler System Capital Charges Study
Pursuant 10 Act 203
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Service Dlsirlbutlon Distribution Calculated
.., Size Main Length Main Size Cost ($) Distribution
, I (Inches) (leel) (Inches) per ft. (a) Tapping Fee
.., MFA (b) 60 8 12 $700
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314 100 8 12 S1,2OO
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142 8 12 $1,700
..... 1-1/2 227 8 12 $2,700
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,/ 2 311 8 12 $3,700
I 3 480 8 12 55,700
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4 649 8 12 S7,7OO
. 6 987 8 12 S11,800
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8 1,234 8 12 S14,8OO
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(a) Based on one-hall the estimated lineal foot cost of the dIStribution main required to serve the properly;
estimated at developer-Installed cost levels.
(b) MFA - mulU-famlly residential unit (per unit cost).
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SCHEDULE W - 7
CALCULATION OF CAPACITY COST PER CUSTOMER BY FIRE LINE SIZE
Mount Holly Springs Borough Authorlly
Waler System Capllal Charges Study
Pursuant 10 Act 203
Fire
Une
Size
(Inches)
Estimated
Capacity
Cost Per
Fire Line
Estimated
Duration
{mlnutesl
Total
Gallons
Unit
Capacity
Cost (0)
GPM
2
80
30
2.400
$0.56
1,350
3
160
30
4.800
0.56
2,700
4
250
30
7.500
0,56
4,210
6
500
60
30,000
0.56
16,870
8
800
60
48,000
0.56
27,000
(0) Trended Original Cost of Storage Facilities $322,290
Less Outstanding Debt on Storage Facilities (41.000)
Net Cost of Storage Facilities $281.290
Capacity of Storage Facilities 500,000 gallons
Unit Capacity Cost of Fire Storage $0.56 per gallon
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APPENDIX A ." ,
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APPUCATION FOR WATBRSBRVIq);:,,;!; ..
CONNECTION PBRMlT----",-oc--;-:;-,
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MT. HOLLY SPRINGS BOROUGH AUTIlORITY
APPLICATION FOR WATER SERVICE CONNECTION PF..RMIT
The undersigned hereby makes application to the Mt. Holly Springs Borough Authority for
permission to connect to the Water System in accordance with the current Rules and
Regulations. The following facts are represented by the undersigned to be a true basis for
the approval of this application,
I, Name of Applicant
2. Add.... or AppliClnl
3. H.mo or ProperlY Owner
4. Type or Buildina R..idenli>1 ( )
Indullrill ( )
5, InlAnded u.. or Buildi..,
6, Addreu and Location of Propcn)' to be
Served
7, SiD of Service Rcquellcd
I. Number of Uniu to bo Conneetcd
9. Certification of Lud.Frec Material, Uled
to Connect Now Hom.. or Buildinal in
Plumbi.., Work
Commercial ( )
OIhcr ( )
The undersigned has read the Rules and Regulations of the Mt. Holly Springs Borough
Authority Water System and agrees to comply and to be bound by them, and is completely
familiar with the rates for service from said System. The undersigned certifies to be an
authorized representative of the Owner of the above described property, if not the Owner in
fact.
Dale
Signed
Application No.
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BOROUGH USE ONLY
Cate of Application
Fee Amounl Paid $
By
Service Milo Available
By
Application Approved On
By
Boroup or Authority
Service Connected On
By
Contnctor
SelViee lnIpeet.ed and Approved by
Boroup 1nIp<<""
Date Meler Purthaaed
Size
Fee Amount Plid
By
Curb Service Turned On
By
Dillinl Commence On
By
Accounl No.
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INSTRUCTION FOR WATER SERVICE INSTALLATION
1.
YOU must hire a qualified contractor to excavate and installlhe waler service and
tap, including pipe at your expense. You or your contractor must coordinate with the
Borough Inspector to supervise the tap and inspect the service.
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NOTE:
Only in the presence of the Borough Inspector may you tap into the
water mains. The Borough must inspect the completed water service
and tap before backfilling.
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2. Approved Service line materials are:
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Type "K" soft copper tube using approved compression fittings (no soldered or
brazed joints will be allowed underground).
Copper tube size polyethylene (PE 3408) plastic pipe rated for a working
pressure of 200 psi (DR 9). Install with stainless steel inserts and approved
compre~sion fittings.
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Service lines shall have as few underground joints as reasonably possible. Plastic
piping must be bedded on two inches and covered by four or more inches of sand,
stone dust, or pea gravel material before backfill. Service lines shall have a minimum
ground cover of 42 inches. When backfilling around the curb box, DO NOT
COVER CURB BOX CAP.
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3.
Water meters shall be installed on all services either in the building or in an approved
meter pit. All meters shall have a full port ball valve on both sides of the unit. All
services shall have an approved double check backflow preventer device. All meters
shall have a remote reading unit installed at or near the electric meter or in the pit lid.
Meters may be picked up at the Borough office.
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4.
When the building is more than 100 feet from the curb valve, the meter shall then be
installed in a meter pit next to the curb valve. When the building is built on a slab or
over a crawl space, the meter must be up in the occupied space or in a meter pit.
Meters installed inside the building must remain readily, easily, and fully accessible at
all times for service, etc.
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5. The Borough Inspector is presently JIM WEARY. He can be contacted at 486-7460
or leave messal!e at 486-7601.
6. Any deviation/variance from the rules above must be brought before the Public
Utilities Committee and the Inspector for case by case review.
7. All work shall be performed in accordance with applicable plumbing codes and OSHA
safety requirements.
8. All street/road cuts must have applicable permits and be restored to appropriate State,
Borough, or Township rules/regulations.
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INSTRUCTION FOR WATER SERVICE INSTALLATION (cont'd)
9. Failure to comply with the hookup requirements and the instructions of the permit
application and any and all suggestions of the Borough inspection will result in a
forfeiture of the permit fee and the permit shall become immediately null and void
and a new permit will be required at an additional permit fee.
10. Utility services are hereby provided to the user and it is understood by the user that it
may occasionally be necessary for temporary interruptions of the Utility Service for
emergency repairs and/or additional user hook-ups or other reasons vital to the
operations of the Utility System.
11. It must also be understood by the utility user that flow andlor pressure can vary in
different areas of the water system and that in no way can the Utility Supplier be held
responsible to attain flow and or pressure in those instances beyond the limits of the
Utility System. Therefore, the utility user acknowledges that in those such instances,
it will be the financial responsibility of the user to make additions to the user's
portion of the Utility (with approval of the supplier) to obtain the user's desired
flow/pressure that is beyond the limits of the Utility System.
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APPENDIX B
TABLE VII-I. - DEGREE OF HAzARD TABLE
TABLE VII-2. - RECOMMENDED BACKFLOW
PREVENTION DEVICES
(.From DER Public Water Supply Manual)
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TABLE VII-'
DEGREE OF HAZARD
1.
Hazardous Facllltles
The following partial lIatlng gives examples of tha tYpes of fecllltles which would require an ac-
captable reducad pressure zona (RPZ) davlca or air gap lAG} to be Installed In the service con.
nectlon to the public water distribution system. Addltlonel fecllltles needing RPZ's or AG's can
ba found In Table V\I-2,
potential Hazard
Typa of FacilitY
Sawaga, Industrlel
w astaw ater ,contaminated
water, toxic chemicals, etc,
Sewage & Industrlel
wastewater treatmant
plants & pumping stations,
aewar flushars.. etc,
Toxic chemicals, water
conditioning compounds
Examples:
Toxic dyes, acids,
alkalies, solvents,
quaternary ammonia compounds,
mercury, chromium, etc,
Papar manufacturing or
processing, dye plants,
petrolaum processing and,
storaga facllltlas, printing
plants, chemical
manufacturing or processing,
Industrial fluid systems,
stesm generation, rubber processing,
tannerlas
Process wastawater, steem,
detergents, acids, caustics,
refrigeration lines
Canneries, breweries,
food processing, milk processing,
Ice manufacturing, meat packers,
poultry processing, randerlng
companlas, etc,
Bacterial cultures,
laboratory solutions,
blood & tissue waste,
toxic materials,
sea water, sewage.
contaminated water, etc.
Hospitals, clinics,
laboratories, veterinary
hospitals, mortuarlas.
embalmers,
shipyards, marinas,
nuclear reactor facilities
Toxic chemicals,
concentrated cleaning
agents, solvents,
Examples:
Cyanides, fluorides,
coppper, chromium, caustic &
acid solutions, etc,
Metal.platlng, photo.
processing, launderles.
commercial car washes,
commercial rafrlgeratlon
systams, dry cleaning
establishments
Commerlcal greenhouses,
spraying & Irrigation
systems using weedicldes,
herbicides, exterminators
Toxic chemicals
Examples:
Ammonium salts,
phosphates. 2,4-0, sodium
arsenite, lindane,
malathion. etc.
Boller systema, cooling
towers or Internal fire-
fighting aystems using
conditioners, Inhibitors, etc,
Typically:
apartment buildings, cooling
towers, warehouses
Toxic chemicals
Exsmples:
Hydrazlne, enti-
freeze solutions, etc.
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TABLE VII-2
... RECOMMENDED BACKFLOW PREVENTION DEVICES
The following TABLE outlines the recommended type of back flow prevention devices which should
.... be Installed for the protection of a community water supply, This Is a partial list and Is not Intended
to supplant any ordinances or standards developed by a water company, Additional facllitlas requir-
Ing these typa of devices can be found In Table VII-l.
... PLANT or FACILITY TYPE of DEVICE to be USED
Air Gap RPZD DCVA
1. Aircraft and Mlssle Plants X X
2. Automatic Car Wash X X
3, Automated Manufacturing Plants X X
4. Auxiliary Water Systems X X
5. Beverage Bottling Plants X
6. Breweries/Distillers X X
7, Chemical Plants X X
- (Manufacturing. Processing,
Compounding or Treatment)
8. Dairies and Cold Storege Plants X X
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9. Dye Works X X
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10. Film Processing X X
'-1 11. Irrigation Systems X X
(Green House. Park. Golf Course.
Playgrounds. Estates. Cameterles. etc,)
... 12. Laboratories X X
13, Laundries X X
,,' 14. Meat Packing and Reduction Plants X X
15. Metal Plating Plants X X
16, Papar and Papar Products X X
(Wet Process)
17, Petroleum or Gas Processing or Storage Plents X X
18. Plating Plants X X
, . 19. Power Plants X X
I HeetlngNentilating/Refrigeratlon/or
Commercial Power)
20, Rubber Plants X X
(Natural or Synthetic. Mfg. Rubber
Goods or Tires)
21, Sand and Gravel Plant X X
22. Sewage or Stormwater Treatmant/ X X
Processing Facility; Ejector or
Pumping Station
23. Swimming Pools X
24, Water Front Facilities and Industries X X
25, Where a Cross Connection is to be X X
Maintained
26, Radloactiva Materials or Substances. X
Processing Plants or Facilities
Handling
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PLANT or FACiliTY TYPE of DEVICE to ba USED
... DCVA
Air Gap RPZD
27. Manufacturing, Processing, and X X
... Fabrication Plants Using Toxic Matarials
28, Manufacturing, Processing, and X
Fabrication Plants Using
'" Non-Toxic Materials
BUilDINGS
29, Convalescent Home X
30. Medical Clinic X X
... 31. Medical/Dental Building X X
32, Multipurpose Commercia' Buildings X
lOver 3 Stories!
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, 33, Office Building (Over 3 Stories! X
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34. Hospitals X X
"1 35. Home for the Aged X
, I 36. Mortuary X X
37, Morgue X X
'1 3B. Nursing Home X
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39, Elementary, High Schools, X
~ Trade Schools, and Colleges
40, Schools with laboratories X X
41, Apartment and/or Hotel with X
~ Restaurant
42. Apartment and/or Hotel X
(Over 3 Stories I
I 43. Apartment and/or Hotel with X X
Sewage Ejector
44, Apartment and/or Hotel with House Pump X
I and/or Water Storage Tank
45, Public Building
I (Federal/State/Cltyl
A, Potential Health Threat X X
B, Potential Pollution Threat X
I C, Restricted/Classified or X X
Closed Facilities
46. Restaurant (Any Food Hendling X
I Establishment!
47, Supermarket X
4B. . Building with house pump and/or X
I Water Storage Tenk
49. . Building with Sewage Ejectors X X
I . Apply to any building regardless of building purpose
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APPENDIX C
DETERMINATION OF ESTIMATED FIRE
SERVICE CAPABILITY
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MOUNT HOLLY SPRINGS BOROUGH AUTHORITY
200 Harman Street
Mount Holly Springs, PA 17065
(717) 486-7613
DETERMINATION OF ESTIMATED
FIRE SERVICE CAPABILITY
'tit
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Requested By:
Date of Request:
Fee Paid:
Type Requested:
Estimate:
Model Analysis:
Flow Test:
($100.00)
($250.00)
($500,00)
$
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NOTE: Any and all information presented on this form is furnished by the Authority and/or its agents as a
convenience to the reader, and no warranty or guaranty of any son Is fumisbed or implied with respect to the
actual now, pressure or other service capability tbat will be realized from the Authority's water system. The
Authority and/or its agents assume no liability or responsibility whatsoever as insurers of property or person, nor
in regard to any damage or Injury to any person or propeny by reason of any lire. noodlng, or water service
failure of any type, or any other cause associated with tbe Authority's provision of water service, No customer
is entitled to any service capability (now, pressure, etc.) except that which Is available at the time of service. The
manner In which this Information is interpreted and/or used by the reader is the sole responsibility of the reader,
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Date of Determination:
By:
Job No.:
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Type of Determination:
"$
Engineer's Estimate
Model Analysis
Flow Test
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Water System Location Description:
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Municipality:
Fire Service Capacity Estimate: (at above-described water system location):
Ground Elevation: feet
Static Pressure: psi
Fire Flow (gallons per minute): eom
Residual Pressure: psi
Remarks:
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1-...,.,1,199'
NAME OF OWNER
SUBDIVISION OF LOT NO,
WATER SERVICE MAIN EXTENSION
III
H
TIUS AGREEMENT made this _ day of . 19_, by and between MOUNT HOLLY
SPRINGS BOROUGH AUTHORITY, a public corporation organized and eKlsting under the Municipality
Authorities Act of the Commonwealth of pennsylvania, wllh its current principal place of business at 200 Hannan
Street, Mount Holly Springs, Pennsylvania 17065, hereinafter called the AUTHORITY, and
. (ADDRESS OF OWNER - STREET, CITY, STATE. ZIP!. or their
assigns, hereinafter called the DEVELOPER.
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WHEREAS, the DEVELOPER has applied to the AUTHORITY to provide water service to NAME OF
SUBDIVISION, hereinafter referred to as the "Site"; which Site is slluated at (LOCATION OF SITE
DESCRIBED BY ADJACENT STREET NAMES) (LOCATION BY CITY. TOWNSHIP, ETC..). encompasses
NO. OF ACRES acrcs and includes /DESCRIPTION OF UNITISll. and which water service will require the
installation of certain water mains, valves, hydrants, finings and appurtenances, in accordance with the terms and
conditions set forth hereinbelow and in the AUTHORITY Rules and Regulations for Water Service and in the
AUTHORITY General Specifications for Water System Construction; and
WHEREAS, the parties hereto have agreed that such provision of water service, including the eKtension
of water mains and appurtenances shall be made at the eKpcnse of tbe DEVELOPER eKccpt as modified
hereinbelow; and
NOW, TItEREFORE, in consideration oftbe premises and oftbe eKpress intention of both parties to be
bound legally hereby, IT IS AGREED AS FOLLOWS:
(I) The DEVELOPER shall furnish to tbe AUTHORITY for lis pre.constructlon review and approval, which
approval shall not be unreasonably wllhheld, complete water system plans for all water service facilities
required to be installed under this Agreement; no construction sball proceed until the AUTHORITY's
wrinen approval Is secured. In the event the DEVELOPER proposes to make changes after receipt of
approval, he shall be obligated to submit plans of the proposed changes to the AUTHORITY for review
and approval, and no affected construction shall proceed until the AUTHORITY's wrinen approval of
the proposed changes Is secured.
(2) The DEVELOPER shall design and construct all water service facilitics consistent with AUTHORITY
Specifications and with AUTHORITY Rules and Regulations. and in accordance with the approved plans.
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(3) The DEVELOPER agrees to grade the areas where water mains are 10 be installed to within one-foot of
finished grade prior 10 installation, and funher agrees Ihat he will nol move heavy equipmenl on or near
the installed water main when such movement endangers the newly installed water main.
(4) The DEVELOPER guarantees all water service facilities he furnishes and installs and agrees to remedy
at no cost to the AUnIORITY any defects Ihat develop tberein during a period of one (I) year from the
date of final acceptance by the AUTHORITY.
(S) The DEVELOPER agrees 10 construct at his own expense. except as may be modified hereinbelow, all
of the water service facilities called for on the approved plans and within the AUTHORITY
Specifications and olherwise deemed necessary to provide quality water service,
(6) The DEVELOPER agrees 10 bear all water service facility costs, Including all engineering, preparation
of as-built reference drawings, administrative and other costs incurred by Ihe AUTHORITY for Ihls
project except as modified hereinbelow. Such AUTHORITY expenses will be invoiced to and must be
paid by the DEVELOPER prior to receipt of water service.
(7) The DEVELOPER shall have the righlto award his own construction contracts for Ihe construction of
water service facilities. However, the DEVELOPER shall provide advance notification of proposed
contractors to the AUTHORITY for its prior review and comment. Each contractor's work will, at all
times, be subject to Inspection by an authorized representative of the AUTHORITY. All work shall be
performed in accordance with AUTHORITY Specifications and witb AUTHORITY Rules and
Regulations.
(8) Within tbiny (30) days after completion of the waler service facilities by the DEVELOPER, the
DEVELOPER shall furnisb the AUTHORITY with a written itemized stalement showing the actual cost
of all water service facilities as installed. The stalement sball itemize all labor and material costs and
shall be sworn to before a Notary Public by the contractor performing the work.
(9) All costs for inspections shall be paid by the DEVELOPER to the AUTHORITY prior to receipt of water
service, The AUTHORITY reserves the right 10 contract for professional construction Inspection
services, at its discretion, if extraordinary construction difficulties or inadequacies occur.
(10) The AUTHORITY agrees to waive all main-related tapping fees applicable to service connections
installed at the Site when such connections are made to mains installed by the DEVELOPER under Ihe
terms of this Agreement.
(II) The DEVELOPER agrees to pay to the AUTHORITY all supply-related tapping fees, fire service tapping
fees, and otber charges applicable to service connections installed at tbe Site in accordance witb the
AUTHORITY's then current schedule of fees and charges.
(12) This Agreement shall not. in any manner whatsoever, prohibit or prevent the AUTHORITY from
exercising the right to install or extend water facilities in or to areas adjacent to facilities and extensions
installed by the DEVELOPER, and the DEVELOPER shall not, by reason thereof, be entitled 10 any
payments from such extensions.
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(13) The DEVELOPER shall furnish and install a separale service connection for each operating unit requiring
water service in relum for which the AUTHORITY will nol levy service connection charges, Eacb
service conneclion will include the connection to the main, corporation stop, service line, curb stop, curb
box, and meter pit, If required. All equipment, materials, and methods of construction shall be in
accordance with AUTHORITY Specifications and sball be subject to AUTHORITY approval.
(14) The AUTHORITY agrees to provide a meter and back now preventer at each service connection of a size
and type required by tte AUTHORITY's Rules, Regulations and Specifications. The DEVELOPER
agrees to reimburse the AUTHORITY for all such meter inslallations, in accordance with the
AUrnORlTY's then-current meter fee schedule,
(15) The DEVELOPER agrees tbat be will use lead-free materials witbin all plumbing and piping systems
he installs, that he will abide by all applicable laws and codes in tbis regard, and that he shall be liable
for the removal and replacement of all materials that violate this provision.
Failure to comply with this requirement shall be grounds for discontinuance of water service,
(16) The DEVELOPER docs hereby dedicate and the AUTHORITY docs hereby accept the dedication of all
water service facilities, Including water mains, appunenances and service conne.:tlons to the curb stop,
contingent upon and after all arc installed and tested according to AUTHORITY Specifications.
(17) The DEVELOPER shall furnish to the AUTHORITY, prior to execution of this Agreement, a Rlght-of-
Way Agreement approved by the AUTHORITY covering all rights-of-way and/or easCtnents required
by the AUTHORITY for this project.
(18) The DEVELOPER and his assigns agrees to purcbase all of tbeir water supply pennanently from the
AUrnORITY, and funher agree to be responsible for payment of all charges for water service provided
at the Site, in accordance with the AUTHORITY Rules and Regulations for Water Service and in
accordance with its applicable scbedules of rates and charges,
(19) The AUTHORITY shall have the right to discontinue water service for any of the reasons specified In
the AUTHORITY Rules and Regulations for Water Service.
(20) The AUTHORITY accepts no responsibility or liability and shall be under no obligation to maintain,
repair or replace any water facilities on the customer's side of the curb stop, witb the exception of the
water meter.
(21) DEVELOPER agrees to name the AUTHORITY as an additional insured on its liability insurance
policies with minimum Insurance policy coverage limits as follows: General liability, Bodily Injury
and Propeny Damage combined - S I ,000,000 each occurrence, S 1,000,000 aggregate; Automobile
liability, Bodily Injury and Propeny Damage combined - S I ,000,000 each occurrence; Worker'
Compensation - as required by law. The DEVELOPER funher agrees to require eacb of his contractors
to maintain equivalent insurance coverage, as a minimum. Original cenificates of insurance shall be
provided to tbe AUTHORITY prior to undenaking any construction activities.
(22) The AUTHORITY reserves tbe rlgbl. at its option, to test drill for public water supply wells at the Site
during a period of up to two (2) years from tbe date of execution of this Agreement. 11 is undcntood
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and agreed that the AUTHORITY would test drill at no more than three (3) locations on the Site in its
attempts to establisb no more tban two (2) final production wells at the Site. To the extent feasible, the
AUTHORITY will locate the wells (not the pumping and treatment facilities) in "open space" on the Site,
According to Pennsylvania Department of Environmental Resources (DER) Well Head Protection
Guidelines, tbe AUTHORITY must control an area of 100 feet in radius around each well, and the
DEVELOPER agrees to cooperate with the AUTHORITY in satisfying tbls requirement.
The DEVELOPER and his assigns agree to grant to the AUTHORITY, for the total sum of
$1.00, all pennanent and/or temporary casements deemed necessary by the AUTHORITY for the
development and utilization of up to a mllXlmum of two (2) production wells at the Site, Easements shall
include, but not necessarily be limited to, those required for wells. utilities, acceSJ, etc, Easements shall
be of a size and location suitable for AUTHORITY purposes, The AUTHORITY will, to the extent
feasible, place required casements at locations agreeable to tbe DEVELOPER.
The DEVELOPER further agrees to sell to the AUTHORITY, a lot or propeny sufficient and
appropriate for the construction and operation of all necessary well pumping and treatment facilities, The
lot shall be at least I-acre in size but no larger than 2-acres. The AUTHORITY agrees to identify the
proposed size and location of said lot or property no later than thiny (30) days from receipt of a written
request for such identification from the DEVELOPER. The price of the lot, if purchased by tbe
AUTHORITY, shall be based on a mutually agreed upon price not to exceed tbe fair market value of
the land. The AUTHORITY'S right to purchase this lot or property sballtenninate on the date which
is two (2) years from tbe date of execution of this Agreement if the AUTHORITY docs not furnish
written notification to the DEVELOPER of its irrevocable intent to purchase the identified lot or
property.
The easements and propeny provided and/or acquired under tbis Agreement shall Include
sufficient lands and rigbts necessary for drilling, testing, constructing, maintaining. and operating the
public well supplies including all necessary supply, pumping, treatment, transmission and appurtenant
facilities, The parties to tbis Agreement agree to develop, construct. maintain and operate their respective
facilities in a reasonable and appropriate manner. consistent with all governmental la"'s and regulations,
including tbose set fortb by DER, so as not to unduly interfere with tbe facilities and activities of the
other party.
(23) DEVELOPER agrees to indemnify and hold hannless tbe AUTHORITY, its employees, agents and
officials, from any and all liability, arising dircctly or indirectly out of all activities conducted in
connection with this Agreement and/or the perfonnance thereof, except as set forth later in this article,
The indemnification sball include, but not be limited to, payment of all attorney fees and all incidental
litigation expenses in the event the AUTHORITY or any of its employees, agents and officials arc sued
upon a claim emanating or supposedly emanating from the construction of the Water System and/or
perfonnance of this Agreement, wbether or not the AUTHORITY or any of its employees, agents and
officials arc held liable. DEVELOPER sball not, however, be liable for any portion of a judgement, nor
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NAME OF OWNER
SUBDIVISION OR LOT NO,
RIGHTS-OF-WAY
nus AGREEMENT made this _ day of , 19_, between NAME OF OWNER, ADDRESS
OF OWNER - STREET, CITY. STATE, ZIP. as Owner. hereinafter called "Grantor", and MOUNT HOLLY
SPRINGS BOROUGH AUrnORITY, a municipal corporation located In the County of Cumberland,
Commonwealth of Pennsylvania, hereinafter called "Grantee".
WHEREAS, tbe Grantor is the Owner of tbe NAME OF SUBDIVISION, encompassing approximately
NO. OF ACRES acres situated at LOCATION OF SITE DESCRIBED BY ADJACENT STREET NAMES.
LOCATION BY CITY, TOWNSHIP. ETC.. Cumberland County, Pennsylvania, and
WHEREAS. the Grantor has or will construct water lines and appurtenances across the property described
herein:
WITNESSETH:
....
That in consideration of the premises, and Intending to be legally bound hereby, the Parties hereto
covenant and agree as follows:
(I) Grantee shall pay to Grantor for the rigbt-of.way and easements hereinafter described the sum of ONE
DOLLAR ($1.00),
(2) Grantor hereby grants and conveys to Grant~, its successors and assigns, such rigbt, title or interest, right-
of-way and easement on and under the lands hereinafter described, along the route designated as nCl:essary
or convenient to lay, install, repair and maintain water lines and the accessories and appurtenances,
including manboles, together with all rights of ingress, egress and regress in. to, over, upon, through, along
and from said land, necessary or convenient for full and complete use by the Grant~ of the said right, title
or interest, right-of-way and easement, and for the exercise of said rights and privileges to lay, construct,
replace, renew, enlarge, inspect. repair, and maintain water pipelines. with accessories and appurtenances
Including surface markers, access manholes, valves, boxes and conduits; to clear and k~p cleared all
trees, roots, brusb and otber obstructions from the surface and subsurface, and to install gates and stiles
in any fences crossing said land.
(3) That the said lands along,in and under which tbe rigbt, title or interest, right-of-way and easement above-
mentioned are granted and conveyed are:
(a) the portions of these lands shown on tbe NAME OF SUBDIVISION Title Plan and/or related Final
Subdivision Plan, as may be duly recorded In Cumberland County, Pennsylvania, and which
portions are more particularly described on water system drawings prepared for the Grantor in
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accordance with the terms of a separate Water Service Main Extension Agreement with the
Grantee;
(b) to include a minimum thiny foot (30') wide water easement, along tbe full length of the water
pipelines;
(c) not necessarily limited to any water easement, or general utility easement that may be sbown on
the Final Subdivision Plans;
(d) an additional area extending ten feet (10') in every direction away from any water pipeline,
structure and accessory and appunenance originally constructed or installed for the Grantee within
the propeny referred to hereinabove;
(e) an additional area extending ten feet (10') from and parallel with, and along the entire line of each
propeny line of the subdivision propeny referred to berelnabove; and
(I) after written consent from Grantor, any additional areas tbat may reasonably be required by tbe
Grantee to relocate and/or extend said water pipelines and the accessories and appunenances.
(g) to an additional 10 feet of temporary easement in any and all directions from the permanent
easements described above, at and for such times only as may reasonably be required to accomplish
the purposes set fonh below,
(4) That the said title, right or interest, right-of-way and easement herein granted to the Grantee for the laying.
installation, construction, operation, cbange, enlargement. repair, renewal, and maintenance of said
pipelines, accessories, and appunenanees, are defined and limited as follows:
(a) to tbe permanent occupation and use of sucb area underground as sball be required for the laying,
installation, construction, joinder, anchorage and suppon of water pipelines of ductile iron or other
similar materials, togetber with accessories and appunenances thereto; as well as for the
accommodation of surface markers, access manholes, valves, boxes, conduits and other accessories
and appunenances;
(b) to the permanent occupation and use of such surface area as shall be required for the said
manholes, valves, boxes, conduits and other accessories and appunenances Including markers;
(c) to the temporary occupation and use of such surface area as shall be reasonably required for the
original and any future operation, maintenance, change, enlargement. laying, installation, and
construction of said water pipelines with accessories and appunenances; said area not be exceed
that described in(3.) above. to be entered upon and reached whenever practicable by way of and
along the said water pipeline right-of-way;
(d) tbe Grantee to be and to remain responsible for all damage to buildings, fences, crops, or other
damage to propeny occasioned by reason of any such future occupation and use, and if and when
such damage be sustained; and
(5) To have and to hold the said perpetual right-of-way and easement unto Grantee, its successors and assigns,
to and for its and their use. as specified berein. forever,
....
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97-1103 CIVIL
purpose behind the imposition of sewer rentals and undermine the
financial soundness of a municipality's sewer system. The rental
charges are utilized to meet many fixed costs incurred by the
township; costs such as operation expenses,
maintenance, repair, inspection and depreciation which are
incurred whether or not a particular individual is tapped into the
sewer system. "
ld.. at 278, 411 A.2d at 848
We believe that the reasoning in Coudriet applies directly to the case sub judice. The
same concerns over costs and financial soundness of a municipality exist where a property
owner refuses to pay for municipal services that were made available but not used, as well as
when a property owner refuses to tap into a sewer line. Municipal Authorities need to know
how many people are going to be using their services so they can plan administratively and
financially. The charge for trash collection, for example, is based on the number of residential
units in the Borough, and the charge to the citizen is the bid price divided by the number of
residential units. The defendant's property was used in this calculation. Therefore, the charge
for trash collection assessed to the defendant was reasonable. Likewise, the charges for water
and sewer services were also reasonable, for they represent the many fixed costs incurred by
the Borough. To allow a property owner to terminate these services after a billing cycle has
begun would be financially unsound.
The rules, regulations, and ordinances of the Borough clearly state that in order to
terminate municipal services, a property owner must give notice before the next billing cycle
has started and pay a $50.00 administrative fee. These two requirements are fair and
3
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