Uniform Rules for Water Districts and Retail Water Facilities Operated by Johnston County¹

Rules Regulating the Use of Water Facilities Operated by Johnston County and Establishing Fees and Other Charges and Providing for Collection of Same. Now Therefore, Be It Ordained by the Board of Commissioners of Johnston County as follows:

Section 1. Authority.

These rules and regulations are adopted pursuant to North Carolina General Statute 162A86 et seq. for the purpose of providing adequate and reasonable rules and regulations to protect and regulate special County service district water supply and distribution systems in Johnston County. These rules and regulations are also adopted pursuant to North Carolina General Statute 162A-86 et seq. for the purpose of establishing a schedule of rates, fees, charges and penalties for the use of, and services furnished by special County service district water supply and distribution systems in Johnston County.

Section 2. Definitions.

Agent
is the legal representative of a corporation or partnership which holds title to property served by the district.
Board of Commissioners
is the duly elected governing body of Johnston County.
Building
is a structure as defined in the Building Code.
Commodity Charge
is the unit fee for water supplied through a service meter which is normally presented as cost per one thousand gallons.
Connection
is that part of the water service line which from the main to the property line, including all appurtenances to make the service complete and ready to use.
Controlled by
is owned, operated or leased by.
County
is Johnston County, and its designated agents. “County” shall be interchangeable with “District&rdquo
District
is the one of the statutorily established water service areas in the County and its designated agents. “District” shall be interchangeable with “County”
Easement
shall mean an acquired legal right for the specific use of land owned by others.Improved Streetis any street having a wearing surface or concrete, brick, stone block, asphalt, or any bituminous compound.
Lateral
is that portion of the water connection which does not include meter, box, or meter setter of connection.
May
is permissive (see “shall”).
Main
is the water pipe usually laid in a road or street right-of-way running parallel to the property line which distributes water.
Occupant
is the customer who is actually in possession of control of any premises.
Owner
is the person having legal or equitable title to any premises.
Person
is an individual, firm, association, partnership or corporation.
Premises
is land, building, or other structure and appurtenances thereto.
Shall
is mandatory (see “may”).
Unusual Conditions
is to mean delays in acquiring materials, parts, and (or) supplies, rock encountered in construction, unusually severe weather, and other items or circumstances which might cause delays not under the control of the County.

Section 3. Water Laterals and Tap-On.

Water laterals will be installed only at the request of the Owner or his agent. When the lateral terminates at the property line, the meter shall not be set and the lateral shall not be used until the owner of the property or his agent applies for service.

Section 4. Connection To Be Made By County Only Upon Application.

The construction of water laterals within the street right-of-way and the setting of meters shall be the responsibility of the County. The construction of such lateral or the setting of such meter shall be done only after written application therefore has been approved. The only exceptions to this provision will be when laterals and meter yokes are installed by developer’s contractors in new subdivisions or commercial developments in compliance with these Rules and Regulations as shall be established by Johnston County from time to time, and for initial water district system construction.

Section 5. Application for Connection.

Every application for water service shall list, on forms provided by the County, the property owner, the applicant’s name, the street on which the lot is located, the 911 address and a description of the lot location (including Tax Parcel Identification Number). This application shall be filed not less than ten working days before the proposed connection is desired. Upon receipt of the application, the tap will be scheduled at the earliest possible date. Unusual conditions may be just cause for additional time in providing the service required. When the size of the service and the cost of the connection have been determined, the applicant shall deposit the previously determined cost and shall be issued a permit for the desired connection.

Section 6. Disapproval of Application.

If, in the opinion of the County through its duly constituted authority, the water connection applied for will be of such size or character as to put too great a demand on any part of the system and disrupt the County’s ordinary water service requirements (30 psi system residual pressure under peak domestic flow conditions or 20 psi system residual pressure under fire flow conditions), it shall disapprove the application until such time as adequate means are provided to eliminate the unsatisfactory condition. If, at any, time, changes are made by a customer in his service requirements so as to create an unsatisfactory condition in the County’s water service, the County shall require the customer to adopt remedial measures to eliminate the unsatisfactory condition. The County shall not in any way be responsible for any cost or inconvenience caused by a change in service requirements after an application has been approved, or by an installation before the application has been approved.

Section 7. Separate Water Connections and Meters Required.

Each building shall have a separate meter, and where practicable shall have a separate water lateral. In the event that one lateral is used for two dwellings, commercial or industrial buildings, or used to serve two or more meters for the same dwelling, commercial or industrial buildings, a separate cut-off shall be provided for each meter. However, there shall be an exception to the requirement for separate water meters in the case of groups of mobile homes or apartment developments under single ownership. In the case of said groups of mobile homes or apartment developments of more than ten (10) units, one meter may be used for the entire project unless additional meters are requested by the property owner or deemed necessary by the proper County authority, and the following conditions shall be met:

  1. Bills will be rendered to the Owner of the property.
  2. The bill will be calculated by a minimum charge for the master meter which shall be based on the number of units served times the minimum charge per standard ¾ inch meter, and the remaining bill shall be based on the total consumption passing through the master meter times the unit commodity charge.
  3. Should any portion of the development be sold, the owners shall be responsible for paying whatever additional costs would be involved in bringing the divided development into compliance with the article.
  4. Cost of service shall be included in the rent/lease of each unit, and no individual meters shall be allowed.

Section 8. Connections and Meters To Remain Property Of The County.

All meters, boxes, vaults, pipes, and other equipment and appurtenances furnished and installed by the County in a water connection shall remain the property of the County. If, after an installation is completed, the property owner requests that a meter or lateral be changed in size and this request is approved by the County, the property owner shall pay for the change of lateral as though it were a new connection and shall pay or be refunded the difference of the cost of meters in the original and new installations according to the then current price of the two meters.

Section 9. Maintenance of Meters and Connections.

All meters and water laterals from the main to the meter shall be maintained by the County at the County’s expense.

Section 10. Connection To Other Than Water District Supply.

No part of the County’s water system shall be connected to any source of water supply other than those authorized by official action of the County Board of Commissioners. If, on any premises, both County water and water from any other source are used, the piping shall be completely separate. Pipes carrying water from a source other than the County’s supply shall be painted yellow.

Section 11. When Water Meters Read.

All water meters on water systems controlled by the County or a County service district shall be read monthly.

Section 12. Utility Adjustment.

The County shall have the authority to adjust any utility account which has experienced an emergency situation involving the loss of metered water. The excess water metered will have occurred beyond normal and reasonable control of the customer. It is the customer’s responsibility to promptly discover and stop the loss of water. The customer must provide written information describing the emergency situation or circumstances that resulted in the loss of water and any necessary repairs. The adjustment will be credited to the utility account as follows:

  1. If the cause is a defect in a water meter, the water bill shall be reduced by fifty-percent (50%) of the amount by which it exceeds one and one-half (1 ½) times the average water bill for the preceding normal usage period of six (6) months. If six (6) months average usage is not available, 7,000 gallons of water per household per month will be used.
  2. If the cause is of an undetermined origin, and it does not appear upon investigation that the occupant or occupants of the premises served were in any way at fault for the excessive water bill, the adjusted bill may be calculated the same as in (a) of this rule.
  3. All metered water lost due to negligence on the part of the user will be charged at the normal rate, and no adjustment of the bill shall be made.
  4. For accounts that have water and sewer, the sewer adjustment will be calculated the same as (a) of this rule.
  5. Customers with pools will qualify for a once per year adjustment to their sewer charges if they have emptied and refilled their pool. The customer shall provide in writing the volume of the pool in gallons and date it was filled. A comparison will be made to the consumption and volume. If the consumption increased above the average by the approximate volume of the pool, the sewer portion of the bill shall be adjusted by the amount of water used to fill the pool.
  6. Only one (1) billing adjustment will be made within a 12-month period and all adjustments will be applied as a credit to the active utility account.
  7. The County reserves the right to make billing adjustments for under/over charges for the previous 36-month period. Adjustments for billing omissions will be billed retroactively when service use and or availability can be determined and quantified. Adjustments for utility billing errors will be made when overcharges are discovered. Adjustments for undercharges will be billed up to a maximum three (3)-year period of service. Payment plans will be offered to customers with retroactive billings.

Section 13. Meter Tests.

Any customer may have a test of his water meter made upon payment of a fee, in advance, for the actual cost of the test for any size meter. A deposit for the estimated cost of the test is required before such test is conducted. If the consumption shown on the meter in question is greater than twice the average consumption for the preceding six months, the fee for testing the meter shall be waived. Since the most accurate water meters suitable for general use require a margin of approximately five (5) percent for error, any meter which shows upon test an error not greater than five (5) percent shall not be considered defective. If the meter is found to be over-registering in excess of five (5) percent, refund shall be made in accordance with Article 12(a) above, and the deposit paid for the test shall be refunded. No more than two meter tests shall be conducted within any 12 month period for a given service installation.

Section 14. Water for Temporary Purposes.

Portable meters for connection to fire hydrants may be furnished by the County provided an application is filed with, and a deposit paid to the County Utilities Department. The County may require the customer to provide their own hydrant according to specifications of Johnston County. The actual deposit shall be as determined by the County, but in no case shall the deposit exceed the cost of meter, materials and installation cost thereof. The applicant shall be responsible for any damage to the hydrant, meter, connections, etc., used in the installation and the cost of any such damage shall be taken from the deposit. A service charge equal to the then minimum monthly water bill rate for each month or part thereof shall be made for a temporary meter in addition to the cost of the water used through such meter at a rate of two (2) times the normal unit commodity charge. After deducting the water bill, service charge and any cost of damage to the installation, the County, shall credit the balance of the deposit to the applicant’s utility account. If scarred by unauthorized methods, the cost of nut and labor to repair same shall be charged to person responsible. Should the water bill, service charge and cost of damage exceed the deposit, the user shall pay the amount of such excess to the County.

Section 15. Tampering With Meters and Stopcocks.

No person, except a duly authorized employee of the County, shall turn the stopcock installed in each meter box nor shall any person construct or have constructed any bypass around any meter except as may be installed and sealed by the County. The fact that water is cut on to any premises by an occupant thereof without the prior knowledge of either the County or the owner shall not relieve the occupant and/or owner of such premises of liability for such unauthorized use of water up to and including reconnection, assessment fees, tampering and property damage fees.

Section 16. No Guarantee of Quality, Quantity of Pressure of Water Supply Notice to be Given When Water is to be Cut Off.

The County does not guarantee the quality, quantity, flow rate or pressure of its water supply. It is hereby made a portion of the terms on which the County furnishes water to customers that the County shall in no case be liable to any customer for any defect in quality or any deficiency in quantity, flow rate, or pressure; that the County shall not be liable to any customer for damages resulting from the complete or partial cutting off of water; and no deduction shall be made from any water bill by reason of any such defect or deficiency. In every case where practicable, ample notice by the best means available shall be given when the water is to be cut-off from any portion of a water system controlled by the County. No County employee shall take responsibility for telling a property owner or occupant how best to care for his boiler, water heater, or other equipment which is affected by the discontinuance, either temporary or permanent, or his water supply. The owner or occupant shall be entirely responsible for his equipment and shall hold the County in no way responsible for damage thereof.

Section 17. Protection of Water Supply.

No person shall contaminate any portion of the County’s water supply whether the same is in a reservoir, or tank, or pipe.

Section 18. Repealing Clause.

All ordinances or parts of ordinances in conflict with these rules and regulations are hereby repealed. If any section, paragraph, subdivision, clause or provision of these rules and regulations shall be adjudged invalid, such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so adjudged and the remainder of these rules and regulations shall be deemed valid and effective.

Section 19. Procedures

  1. Service will be supplied only to those who apply.
  2. Users will make application for service and at the same time make the deposit guarantee and other fees as required hereafter. Faxed and on-line applications can be accepted with a valid credit card from a participating credit card company.
  3. The County may reject any application for service not available under a standard rate or which involves excessive service cost, or which may affect the supply of service to other customers, or for other good and sufficient reasons.
  4. The County may reject any application for service when the applicant is delinquent in payment of any bills incurred for service or connection fees previously supplied at any location. When the Owner of the premises has been served water and has not paid for the same, the County shall not be required to render services to anyone at said location where the water was used until said water bill has been paid in full.
  5. All users will make a deposit with cash or valid credit card in the amount determined by the County. Deposits shall not draw interest. All users who qualify as mobile home parks or multi-family as enumerated in Section 7 shall make a deposit equal to the number of units times the deposit amount for a single residential service.
  6. The individual in whose name the deposit is made shall be responsible for payment of all bills incurred in connection with the service furnished.
  7. A separate deposit is required for each meter and/or service connection requested. The deposit will be waived if the applicant provides a letter of reference from another public utility and a history of the most recent 12 consecutive months of full and timely payment of bills.
  8. The deposit receipt is not negotiable.
  9. The deposit required by Rules and Regulations or part remaining thereof will be credited upon payment of final bill and final accounting.
  10. At the end of 12 consecutive months of service wherein all water bills are paid in full and on time, the deposit will be credited to the account.

Section 20. Initial or Minimum Charge.

  1. The initial or minimum charge, as provided in the Johnston County Utilities Water Service Fee Schedule, shall be made for each service meter installed, regardless of location.
  2. In resort or seasonal areas where service is furnished to a customer during certain months only, the minimum charge per service for the period of nonuse shall be the regular minimums set out in the published rates.
  3. Water furnished for a given lot shall be used on that lot only. Each customer’s service must be separately metered at a single delivery and metering point. Each commercial unit and each storeroom or stall used for business purposes shall have a separate meter. All commercial use including storerooms and stalls for business purposes shall be metered separately from any residential use and vice-versa, whether now in service or to be installed in the future.

Section 21. County’s Responsibility and Liability.

  1. The County shall run a service or lateral line from its distribution main to the property line where the distribution main runs immediately adjacent to the property to be served, and for which a tap-on fee and assessment fee then in effect for each size of meter will be charged.
  2. The County may install a meter at the property line or, at the County’s option, on the customers property in a location mutually agreed upon. For meter installations on customer’s property, an easement for the service line and meter installation must be granted to the County.
  3. When two or more meters are to be installed on the same premises for different customers, they shall be closely grouped and each clearly designated to which customer it applies.
  4. The County Utilities Department does not assume the responsibility for inspecting the customer’s plumbing, piping, or water conveyance and use appurtenances.
  5. The County reserves the right to refuse service unless the customer’s lines or piping are installed in such manner as to prevent cross-connections or backflow.
  6. The County shall not be liable for damage of any kind whatsoever resulting from water or the use of water on the customer’s premises, unless such damage results directly from negligence on the part of the County. The County shall not be responsible for any damage done by, or resulting from any defect in the piping, fixtures, or appliances on the customer’s premises. The County shall not responsible for negligence of third persons or forces beyond the control of the County resulting in any interruption of service.
  7. Under normal conditions, the customer will be notified of any anticipated interruption of service.

Section 22. Customer’s Responsibility.

  1. Piping on the customer’s premises must be so arranged that the connections are conveniently located with respect to the County’s lines or mains.
  2. If the customer’s piping on customer’s premises is so arranged that the County is called upon to provide additional meters, each place of metering will be considered as a separate and individual account.
  3. Where a meter is placed on premises of a customer, a suitable place shall be provided by the customer for placing such meter, unobstructed and accessible at all times to the meter reader. An easement for the service line and the meter shall be granted to the County.
  4. The customer shall furnish and maintain the service line on the customer’s side of the meter; the County to provide a like service on the County’s side of such meter.
  5. The customer’s piping and apparatus shall be installed and maintained by the customer at the customer’s expense in a safe and efficient manner; in accordance with the County’s rules, regulations, and ordinances; and in full compliance with the N.C. Building Code and the sanitary regulations of the North Carolina Division of Environmental Health.
  6. The customer shall guarantee proper protection for all property controlled by the County and placed on the customer’s premises by the County or any predecessor in interest to the County and shall permit access to it only by authorized representatives of the County.
  7. In the event that any loss or damage to such property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, his agents, or employees, the cost of the necessary repairs or replacements shall be paid by the customer to the County and any liability otherwise resulting shall be assumed by the customer.
  8. The amount of such loss or damage or the cost of repairs shall be added to the customer’s bill; and if not paid, service may be discontinued by the County.
  9. For multi-unit residential facilities including mobile home parks, apartments, and individual rental housing of 10 units or more under one ownership which were provided service by a water district through an incentive tap/assessment fee program, the minimum monthly charge shall be due and payable on all occupied units or 90% of the total units, whichever is greater. The minimum monthly charge for the qualifying units will be waived only if a service disconnect has been requested for each unit. The minimum charge requirement shall extend for five years, in accordance with the user’s agreement.2

Section 23. Access to Premises.

Duly authorized agents of the County shall have access at all reasonable hours to the premises of the customer for the purpose of installing or removing property controlled by Johnston County, inspecting piping, reading or testing meters, or for any other purpose in connection with the County’s services and facilities.

Section 24. Change of Occupancy.

  1. Not less than three days notice must be given in person or not less than five days in writing, if mailed, to discontinue service for a change in occupancy. Such notice shall be given at the County office which has responsibility for management of service accounts.
  2. The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest.
  3. Same day requests for water connections on existing metered services (less than 24 hours) will require application processing and payment of additional service charge as provided in the Johnston County Utilities Water Service Fee Schedule. The application and payment of required fees must be received in the Utilities Office no later than 3:00 p.m. on the day service is requested.

Section 25. Billing and Collecting.

  1. Meters will be read and bills rendered as follows:
    1. Meters will be read once per month, and billing will be accomplished once per month.
    2. The County reserves the right to vary the meter reading and billing dates or length of period for billing temporarily or permanently if necessary or desirable.
  2. Bills for utility service will be calculated in accordance with the County’s published rate schedule then in effect and will be based on the amount consumed for the period covered by the meter reading. Charge for service shall commence when service is installed, and water distribution main is tested and accepted. The first billing may be 60 days from the installation. The exception to this provision is for owner or developer constructed water facilities including services, and in this case charge for service shall commence when an application is made and a meter is set.
  3. Readings from different meters will not be combined for billing, irrespective of the fact that said meters may be for the same or different premises, or for the same or different customers, or for the same or different services.
  4. Bills are due by the “Due Date” printed on the front of the bill. Payment must be received by 5:00 p.m. on the “Due Date”. Any account with a previous balance will be subject to immediate disconnection.
  5. An account is considered delinquent if payment is not received by the “Due Date”. If a customer has not paid their bill in full at the end of 90 days, the County will initiate legal procedures to collect the amount due.
  6. Failure to receive bills or notices shall not prevent such bills from becoming delinquent or relieve the customer from payment.
  7. Returned checks shall be defined as any check returned for any reason by the financial institution on which the check was drawn. The County will only accept cash, credit card, certified check or money order from any customer having two (2) returned checks within any one-year period. If a check is returned because the customer has stopped payment or closed the account, the water service will be disconnected immediately without notice to the customer. If a check is returned for any reason other than stopped payment on an active account, the customer will be informed by phone or letter, requesting payment by cash, credit card, certified check or money order within 7 days from the date of notice. If payment is not received by the stated due date, the utility service will be disconnected. Payment shall include any returned check service charges. If a check is returned on an account that had been disconnected for nonpayment, the water service will be disconnected immediately and all applicable fees for returned checks and reconnection will be due and payable along with outstanding balance on the account before service is restored. Upon receipt of the second returned check, the customer will be advised that payments must be paid by cash, credit card, certified check or money order for a period of twelve (12) months. After the one-year period ends, credit will be re-established. However, if another returned check is received, payments will be accepted in cash, credit card, certified check or money order only.

Section 26. Suspension of Service.

  1. Upon discontinuance of service for non-payment of bills, the County may proceed to collect the balance in the usual way provided by law for the collection of debts.
  2. A service discontinued for non-payment of bills will be restored only after bills are paid in full, and a service charge determined by the County is paid for each meter reconnected. All accounts at all locations for the same delinquent customer must be paid in full before service is restored at any location. Also, a service charge determined by the County is applicable when meter is reconnected as a result of voluntary disconnection requested by the property owner. County may from time to time increase this service charge. Request for restoration of service will be honored on the day requested provided the payment is made by 3:00 p.m., otherwise the restoration of service will be made the next work day.
  3. A meter tampering fee and property damage charges as determined by the County will be charged if the seal is broken on any locked meter and water used. However, a meter tampering fee of twice the first amount will be charged for the second and all subsequent occurrences. The meter tampering fee and all other utility charges must be paid in full before water service can be restored.
  4. After a connection has been discontinued for a period of twelve consecutive months, the County may remove the meter base, meter, curb stop valve, meter box, and service line for use elsewhere. The County may also detect that a customer has disconnected the plumbing from the service line in which case the County will consider the service tap abandoned.
  5. At any time after the meter base, meter, curb stop valve and meter box have been removed or abandoned, in addition to the service charge set forth in subsection (b) above, an additional service charge equal to the District TapOn Fee shall be paid as a reconnection fee. Also, the customer must make the required deposit to establish a utility account.
  6. The County reserves the right to discontinue its service without notice for the following additional reasons:
    1. To prevent fraud or abuse.
    2. Customer’s willful disregard for the County’s rules and regulations or damage to County facilities
    3. Emergency repairs.
    4. Insufficiency of
    5. Legal processes.
    6. Direction of public authorities.
    7. Strike, riot, fire, flood, accident, or any unavoidable cause
  7. The County may, in addition to prosecution by law, permanently refuse service to any customer who tampers with a meter or other measuring device.

Section 27. Complaints-Adjustments.

  1. If the customer believes his bill to be in error, he shall present his claim, in person, at the County office managing the water accounts before the bill becomes delinquent.
  2. Such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service as heretofore provided. The customer may pay such bill under protest, and said payment shall not prejudice his claim.
  3. The County will make one special meter reading per year at the request of the customer. For additional special meter readings, a fee will be charged. However, if such special reading discloses that the meter was over read, or in error in any way, the fee will be refunded. Meters will be tested at the request of the customer upon payment to the County of the stated fee for the test provided, however, that if the meter is found to over register or under register beyond 5% of the correct volume, no charge will be made.
  4. If the seal of the meter is broken by other than the County’s representative, or if the meter fails to register correctly, or is stopped for any cause, the customer shall pay an amount estimated from the record of his previous bills and/or from other appropriate data.
  5. No modification of rates or the rules and regulations shall be made by any employee of the County as it relates to (a), (b), (c), and (d) above.

Section 28. Classifications, Rates, Fees, and Charges. (See Uniform Policy Fee Schedule)

The following classifications, rates, fees, assessments, and charges are adopted:

    1. Classification of Service.

All services are classified under two categories to include residential or commercial users. A residential service is a service requiring a meter size up to and including one-inch. All other services shall be commercial.

  1. Rate Schedule.
    1. Residential:

      Rates are established and approved by the County’s Board of Commissioners from time to time. Current rates are published in the Johnston County Utilities Water Service Fee Schedule.

    2. Commercial:

      Rates are established and approved by the County’s Board of Commissioners from time to time. Current rates are published in the Johnston County Utilities Water Service Fee Schedule.

  2. Tap-On-Fees
    1. Incentive:

      An incentive fee is available to residents of the district during the period of formation. The effective period for the incentive tap-on-fee shall be published by the County. No separate assessment fee or application fee will be charged under the incentive fee policy.

    2. Interim Tap-On Fee:

      An “interim” tap fee is available to residents of a newly formed district until the completion of the construction for the initial district facilities construction. The “completion of construction” shall be the date the engineer certifies the project to be substantially complete. The interim tap fee policy shall apply only to customers located inside the district. No separate assessment fee or application fee will be charged under the interim fee policy.3

    3. District Tap-On Fee: After the completion of the construction contract(s) for the initial district facilities construction, the district tapon fee will revert to the County’s fee schedule (See Johnston County Utilities Water Service Fee Schedule) and will be subject to all other applicable fees presented in this schedule.
    4. See Johnston County Utilities Water Service Fee Schedule
    5. Any water service or tap purchased for a particular parcel of land within a district remains with that parcel of land. However, in the event a person purchases water service under either of the fee programs outlined in (1) or (2) above, and such person relocates within the district prior to initial operation of the district’s water system, such person shall be allowed to purchase water service for his or her new parcel of land at the same purchase price paid by such person for the original location.4
  3. Assessment Fees.

    See Johnston County Utilities Water Service Fee Schedule.

  4. Fire Protection Charges.

    See Johnston County Utilities Water Service Fee Schedule.

  5. Application Fee, Deposit, Late Payment Fee, Reconnection Fee, Returned Check Fee, Meter Testing Fee, and Meter Tampering Fee.

    See Johnston County Utilities Water Service Fee Schedule

  6. Rates for Persons Living Outside the District.

    Rates for persons living outside the water district shall be equal to rates for persons living inside the District so long as no tax is levied within the District for support of the system; if a tax is levied on users inside the water District for the purpose of supporting the water system, then the users outside the District shall pay an increased rate as established by the County from time to time. In setting such increased rate the County will take into consideration the rate paid by persons inside the District plus taxes levied for support of the water system.

Section 29. Water System Extensions by Private Entities.

  1. Private entities, including individuals, residential and commercial developers, businesses, and industries may construct extensions to the District system.
  2. Procedures for preparation and approval of plans and specifications shall conform to the Johnston County Water and Sewer Policies.
  3. Materials and methods for construction of water system extensions shall conform to the Johnston County Water Distribution and Wastewater Collection Standards.
  4. Reimbursement and cost sharing/participation shall comply with the Johnston County Water and Sewer Policies

Section 30. Standing Authority to Exercise Eminent Domain for Certain Water Line Easements.

In cases involving acquisition of water main easements where the easements are in floodways, wetlands, riparian buffers, and/or other unbuildable areas, eminent domain may be exercised if reasonable negotiations for acquisition has been unsuccessful.5

Section 31. Operating Funds Consolidated.

The operating funds for the District shall be consolidated with the operation budgets for all other Districts within the County in a single operating fund, to be administered by the Department of Public Utilities for Johnston County.6

Section 32. District Minimum Monthly Charge.

A minimum monthly charge is the base rate for each billing cycle. Rates are established by the County’s Board of Commissioners from time to time. Current rates are published in the Johnston County Utilities Water Service Fee Schedule.7 The minimum monthly charge shall be due and payable whether or not there is a service connection and/or meter usage.

Section 33. Existing County Water Mains in Newly Developed Water Districts.

For all existing County water mains in newly developed water Districts, upon completion of construction of the water system in the District, all customers on such County water mains shall become customers of the District.8

Notes

1Originally adopted April 6, 1998.

2Subparagraph 22(i) was added by resolution adopted by the Board on March 1, 1999.

33 Subparagraph 28(c)(2) was amended by resolution adopted by the Board on December 7, 1998.

4Subparagraph 28(c)(d) was added by resolution adopted by the Board on September 8, 1998.

55 Section 30 was added by resolution adopted by the Board on September 7, 1999.

6Section 31 was added by resolution adopted by the Board on June 3, 2002.

7Section 32 was added by resolution adopted by the Board on June 3, 2002.

8Section 33 was added b resolution adopted by the Board on March 3, 2003.

 

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