Lakeshore
Estates Water Department Welcomes You

William L. Johnson Co., Inc., d/b/a Lakeshore Estates Water Department (the “Company”), and J.S. Burgos Co., as manager of the Lakeshore Water Department, set forth the following rates and policies:

Services

The Company is only responsible for water and sewer services at Lakeshore Estates.

The Company is NOT responsible for management or maintenance of any other facilities within Lakeshore Estates or for any other services provided at Lakeshore Estates, including, but not limited to, any of the following:  maintenance of streets and drainage; debris removal; maintenance of common areas, e.g., the lake and the parks; enforcement of covenants; and garbage collection.  The Company is NOT responsible for the level of the lake, the fish in the lake, or any other aspect of the lake or the parks.

Crittenden County is responsible for maintaining the streets and drainage and for debris removal.  Crittenden County ordinances apply to Lakeshore Estates.  The telephone number for the Crittenden County Judge’s office is (870)739-3200.

The Lakeshore Estates Club (made up of the property owners) is responsible for maintaining the common areas, e.g., the lake and the parks.  To the knowledge of the Company, the Club is not currently functioning.

The property owners are responsible for enforcement of the covenants. 

Crittenden County has a solid waste management plan.  Pursuant to that plan, garbage collection at Lakeshore Estates is handled by Dedman’s Sanitation and billing is handled by the Company.  All questions regarding garbage collection, except billing, should be addressed to Dedman’s Sanitation at (870)781-1444 or by mail to 609 Dedman St., Bay, AR  72411. 

Defined Terms

“Applicant” shall mean any person or entity requesting water and sewer service.

“Company” shall mean William L. Johnson Co, Inc., d/b/a Lakeshore Water Department.

“Customer” shall mean any person or entity who has applied for and agreed to pay for water and sewer service.  The customer may or may not be the person occupying the premises.  For example, the landlord, not the tenant, may be the customer.

Rates

Water

All customers shall pay a minimum of $17.34 per billing period, including, but not limited to, customers without a meter.

For customers with meters, the $17.34 minimum payment shall cover the first 2,000 gallons of usage per billing period.  Usage in excess of 2,000 gallons per billing period shall be billed at a rate of $0.002544 per gallon.

Sewer

All customers shall pay a minimum of $31.80 per billing period, including, but not limited to, customers without a water meter.

For customers with water meters, the $31.80minimum payment shall cover the first 2,000 gallons of water usage per billing period.  Usage in excess of 2,000 gallons per billing period shall be billed at a rate of $0.001.72 per gallon of water used.

Garbage

Dedman’s Sanitation has set the rate for garbage collection at $22.00 per billing period.

Taxes

Water and Garbage are both subject to sales tax at the then current rate. 

Fees

Connection Fee

The Company will charge a $75.00 connection fee when an applicant or other authorized

party requests that water service be connected.  The payment may be made at the Company’s business office or may be billed on the customer’s first bill.

Reconnection Fee

If water service has been discontinued for any of the reasons set forth herein, the Company will not restore water service until proof is given that the customer has complied with the policies set forth herein and until all bills and fees have been paid to the Company. The Company will charge a $75.00 reconnection fee as a reimbursement for costs of restoration of water service.

Returned Check Fee

Whenever a customer has tendered payment by check and the check is returned to the Company for any reason other than bank error, the Company may charge, add to the account, and collect to recover costs for reprocessing any check that has been returned to the Company for any reason other than bank error.  The returned check fee shall be the maximum amount allowed by Arkansas Code Annotated § 4-60-103 as amended from time to time.

Fee for Federal Safe Drinking Water Act Compliance

Act 903 of 1993 authorized the Department of Health to collect certain fees from each public water system for service provided, other than plan reviews, by the Public Water System Supervision program.  The Public Water System Supervision Program is a program administered

by the Department of Health, Division of Engineering, which includes the monitoring and supervision of all community public water systems.  Activities under this program include, but are not limited to, conducting sanitary surveys, collecting and analyzing water samples

and interpreting the results, training water system operators, investigating water and waste water complaints, and reviewing applications, engineering reports, and construction plants for water and waste facilities.  Pursuant to Act 903 of 1993, the Utility will collect a fee per service connection per month and shall be labeled “SWDA” and payable to the Department of Health.  The fee will be subject to an increase or decrease as determined by the State Board of Health and

established by law.  The fees prescribed herein will continue in effect until further notice.

Bills and Payments

Bills shall be sent to the customer at the address provided by customer at the time of application for service.

The billing period shall be no less than twenty-five (25) days and no more than thirty-five (35) days unless it is the first or final bill.

Bills are rendered monthly and are due and payable within twenty (20) days from the date of the bill.  

If any monthly bill is not so paid, the Company shall have the right, in its discretion, to suspend service. 

If full payment is not received for three (3) consecutive months, service shall be suspended.

Upon the request of a customer at the time of payment, or within ten (10) days of payment, the Company will provide the customer with a payment receipt.

Application for Service

Service connection will be made, and water will be furnished, upon application by the prospective customer (or his, her, or its properly authorized agent, with proper identification) and after approval of such application by the Company.  Upon request by the Company, prospective customer (or his, her, or its properly authorized agent) shall provide Company with a copy of his or her driver’s license or other government-issued identification.  By applying for service, and accepting water, customer agrees to be bound by the provisions herein.  A new application must be made to, and approved by, the Company upon any change in the identity of the contracting

customer at a property.  The Company may, upon five (5) days written notice, discontinue the water supply until such new application has been made and approved.

Service Connection

Each customer shall be supplied through a separate service line.

The Company will make all connections to its mains, and will furnish, install, and maintain all service lines from the main to and including the curb stop and box, or meter pit, which shall be placed inside the curb line or Company right of way, all of which service line shall be the property of the Company and shall be accessible to,

and under its control.

All service lines from the curb, meter pit, or Company right of way line to the customer's building or place of consumption shall be approved by the Company as to size, kind of pipe, and installation and shall be installed and kept in good repair by the customer at his expense.  All such service lines shall be placed at least two feet below the surface of the ground.

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No service lines shall be laid in the same trench with the sewer pipe.

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When an existing meter is located within the customer’s building, a stop and waste valve, easily accessible to the occupants, shall be placed in the service line within the building supplied with water.  Such valve shall be located so that it will be possible to drain the meter and all pipes in the building.  When the meter is located outside the customer’s building, a positive shut off valve shall be located between the customer’s building and the meter.

All leaks in service lines from the curb stop or meter pit to and on the premises supplied, shall be promptly repaired by the customer.  On failure to make such repairs and reasonable dispatch, the Company may turn off the water. I t will not be turned on until the repairs are completed and the Company has been reimbursed, for expense incurred in reconnecting the

water.

The Company shall not be responsible for maintenance of, (or for damage caused by the water leaking from) the service line or any other pipe or fixture on the outlet side of the curb stop or meter pit.  The customer shall comply with the state and municipal plumbing regulations and shall make any changes which may be required because of a change in grade, relocation of mains or otherwise.

The use of water service by a customer shall be in accordance with the class, scope and type of use, and for the purpose stated in his application and service contract.  A customer shall not use, or allow use of water service through his service facilities, for others, or for purposes other than those covered by his application.  To make service available for other purposes or character of use, a new application and contract is required.

Meters

The Company is in the process of installing meters at all customer locations.

Where a meter is installed on the premises, all water service, except water for firefighting purposes, will be rendered only through the meter.

Where a meter is installed on the premises, each customer’s service shall have a separate meter to register the amount of the water consumed.

All meters will be furnished by and remain the property of the Company.  The Company reserves the right to establish the size and location of meter required by each customer.

Meters will be maintained by the Company as far as ordinary wear and tear is concerned.  The customer, in the instance of an inside installation, shall be responsible to the Company for any damage or loss of any meter caused by the customer’s negligence or carelessness (or any person upon his premises under or by his consent).

The customer shall not permit anyone (except an agent of the Company) to remove, inspect or tamper with the Company’s meter, or other property of the Company on his premises.  Under no circumstances will a customer be considered an agent of the Company for these purposes.

The customer will be responsible for the Company’s meter, where there is an outside meter installation, in accordance with the State law on meter tampering.

The customer shall notify the Company if a meter stops registering or is registering incorrectly as soon as it comes to the customer’s knowledge. 

All meters shall be set at convenient locations, accessible to the Company, and subject to its control.  The meter will normally be placed in a meter box or vault between the curb and property line.  Each meter box or vault shall be provided with a suitable cover.

Where it is not convenient or if both the customer and the Company agree not to place the meter in a box or vault, the meter will be placed inside the building in a suitable location.

The Company shall furnish and install meter boxes or vaults for all meters up to and including 2-inch.  Customer shall be responsible to furnish and install meter boxes or vaults for all meters larger than 2-inch.  The meter box or vault and cover for outside meter setting shall conform to a proper uniform standard established by the Company.  The covers shall be of uniform design for convenience and efficiency in the Company’s operation.

To prevent heat damage to the meter where steam or hot water under pressure is used (other than for normal residential use) a swing check valve and a pressure relief valve must be placed, at the expense of the customer on the discharge side of the meter) and before any outlets are taken off the service line.

Discontinuance of Service

Whenever the customer desires to have his service contract terminated, or his water service discontinued, he shall notify the Company five (5) days prior to the desired discontinuance date.  The customer will be responsible for the payment of all service rendered by the Company, prior to receipt of such notice, and during a reasonable time thereafter, to enable the Company to make the final reading of the meter or meters, or discontinue water service.

When premises will be unoccupied temporarily, the customer shall notify the Company, and the water will be turned off. All charges will cease from the date when water service is turned off. When the property is again occupied, the customer shall notify the Company, and the water will be turned on.  No refund or allowance will be made for unoccupied property when notice has not been given as provided.  No refund will be allowed for property unoccupied for a period less than one month.

In cases of vacancy of a customer’s property, the customer must notify the Company of such vacancy, and upon his failure to do so, he will become responsible for any damage to the property of the Company, arising from freezing, water damage, injury to meter, or any other failure.

Service to any customer may be discontinued for non-payment or other violation of any of these policies.  However, before service may be discontinued for any violation, the Company shall give at least five (5) days written notice to the customer, stating the policy violated, the manner of violation, and the date after which service will be discontinued if the violation continues.  Such notice will be mailed to the customer at the billing address provided by the customer to the Company and will also be posted in a conspicuous place at the location where the service is provided.

After service is thus discontinued for nonpayment or other violation of these polices, service will not be resumed until proof is given that the customer has complied with the policies and until a fee has been paid to the Company as a reimbursement for costs of discontinuance and restoration of service as provided above.

Fire Protection

Water from fire hydrants or other firefighting facilities shall be used only for firefighting purposes.

The Company shall have no greater duty, with regard to fire hydrant service or private firefighting service, than to supply only such volumes of water at such pressures as may be available in the normal operation of the waterworks facilities.

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The Company shall not be considered an insurer of property or persons, or to have undertaken to extinguish fire or to protect persons or property, against loss or damage by fire or otherwise. In consideration of the level of charges for public fire hydrant service and for

private firefighting service, the Company shall not be held liable because of any claim based upon a loss resulting from failure to supply water or pressure or for any other cause.

Where metered service is provided to any customer, the Company shall not be responsible for the quantities or pressures of water, which may be available for any firefighting facilities (or purposes where the customer installs such facilities, or makes connections to his water system for such purposes on the discharge side of the meter in his service line), and shall not be held liable for any claims based upon loss due to fire or firefighting.

Cross-Connection Control and Backflow Prevention Program

The purpose of this policy is to establish an enforceable cross-connection control and backflow prevention program to preserve safe potable water and to prevent contamination of the public water system by any customer or another water system.

Cross-Connections

Definition:  Cross connection is any connection or structural arrangement between the Company’s public water supply and any non-potable source or system through which backflow can occur.  Bypass arrangements, jumper-connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which, or because of which, back flow can occur are considered cross connections.

No person or potential customer shall be given a service connection of any type until the water plumbing system has been approved as having complied with all requirements of the State Plumbing Inspector and Arkansas Health Department.

No person or customer shall be permitted to install or maintain a cross-connection to the Company’s public water supply.

Backflow Prevention

Definition:  Backflow is a flow of any foreign liquids, gases or other substances into the Company’s public water supply from any other source or sources than the intended one.

An approved backflow prevention device shall be installed on each customer service line where, in the judgment of the Company, the State Plumbing Inspector or State Health Department, there exists a potential of pollution to the Company's public water supply.

An approved backflow prevention device shall be installed on each customer service line serving premises where the conditions exist as outlined below:

A.  Premises on which any substance is found which may create an actual or potential hazard to the Company’s public water supply.

B.  Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impracticable to make a complete cross-connection survey.

C.  Premises where cross-connections are found after having been ordered to be disconnected.

D.  Premises having fire protection systems utilizing storage tanks, pumps, antifreeze, an auxiliary supply of water or Siamese connections.

E.  Premises having an irrigation system or where the outlet end of the fixture or hose may be submerged.

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F.  Premises having the types of facilities or processes listed below. This list is not intended to be all inclusive.

1. Hospitals, mortuaries, clinics, nursing homes;

   
   

2. Laboratories;

   
   

3. Piers, docks, waterfront facilities;

   
   

4. Sewage treatment plants, sewage pumping stations, or storm water pumping stations;

   
   

5. Food and beverage processing plants;

   
   

6. Chemical plants, dyeing plants;

   
   

7. Metal plating industries;

   
   

8. Petroleum processing or storage plants;

   
   

9. Radioactive material processing plants or nuclear reactors;

   
   

10. Car washes;

    
    

11. Slaughter houses and poultry processing plants;

    
    

12. Farms where the water is used for other than household purposes.

    
    

Backflow Prevention Devices

There are two types of backflow prevention devices:  (1) air gaps and (2) reduced pressure devices. The type of protection required shall be one that meets AWWA Standard C 506-78 as hereafter revised.

A backflow prevention device shall be installed in accordance with the recommendations and specifications of the manufacturer of the device.

Any existing backflow prevention device installed prior to the effective date of this program shall, except for inspection, testing, and maintenance requirements, be excluded from the requirements hereof provided that the Company, State Plumbing Inspector and State Health Department are assured that the device will protect the Company’s public water supply.

Responsibility of the Customer

When the customer requests water service, he shall advise the Company in writing as to:  (1) any alternate source of water which may be used in his facility; (2) the type of fire protection system to be utilized, if any; and (3) the type of facility or process to be utilized.

The customer shall submit two copies of certified plans for fire service connections, lawn or irrigation systems and other facilities requiring approved backflow prevention devices to the Company and State Health Department for approval prior to construction.

The customer shall be responsible to pay the fee for inspection, repairs, and testing of the customer’s backflow prevention device.

Responsibility of the Company

Upon receipt of information furnished by customer in accordance herewith, Company shall advise customer if the installation of a backflow prevention device is required.  Water service shall not be issued to customer requiring a backflow prevention device until the backflow prevention device has been installed and the installation approved by the Plumbing Inspector and

Company.

The Company shall have the right to enter a customer’s premises at a reasonable time to inspect and check the customer’s backflow prevention device to include the required annual inspection and other times if the Company or State Health Department suspects a possible malfunction in the customer’s back flow prevention device.

It shall be the responsibility of the Company to annually inspect, repair and test each backflow prevention device within the Company’s water system in accordance with the manufacturer’s procedures to insure that each device is in proper operating condition.  It shall also be the responsibility of Company to inspect, repair, and test a backflow prevention device should the Company or State Health Department suspect a malfunction of a customer’s back flow prevention device.  The Company must maintain a certificate certifying the timely testing and proper operation of each backflow prevention device and shall furnish each customer with a copy of the certificate with the billing to each customer for the Company’s work.

It shall be the responsibility of the Company to have at least one designated employee who shall be trained and responsible for the inspection, repairs and testing of the backflow prevention devices.  The Company shall also maintain all necessary tools, testing equipment and repair parts to perform the testing and repairs of the backflow prevention devices.

The Company shall deny or discontinue the water service to a customer if (1) the required backflow prevention device is not installed; (2) if it is found that the device has been removed or bypassed or (3) if the customer does not promptly pay the Company fees for the inspection, repairs and testing of the customer’s backflow prevention device as specified herein.  Water

service to such premises shall not be restored until the deficiencies have been corrected or eliminated in accordance with these procedures to the satisfaction of the Company.

If the Company’s inspection of the backflow prevention device reveals that the backflow prevention device cannot reasonably be repaired, the Company shall so notify the customer in writing.  The customer shall immediately begin procedures to replace the defective backflow prevention device.  The Company shall discontinue the water service to a customer if:  (1) the customer does not provide proof that a new backflow prevention device has been placed on order, within 10 days of written notice of the Company that the device cannot be reasonably repaired; or (2) the device has not been installed within 60 days after written notification by the

Company that the device cannot be reasonably repaired.  In the event a delay in installation occurs without fault of the customer, the Company may extend this 60-day period for a reasonable time upon written request and explanation by the customer.

Fees for inspection, repair or testing of customer’s approved backflow prevention devices shall be billed promptly after the completion of the inspection, repair or testing by the Company.

Estimating Bills

When it is necessary to estimate bills, estimates will be based on an average of the prior six (6) months usage.

Third-Party Damage

General

It is the policy of Company to bill for the cost to repair its facilities and for loss of water caused by third-party damage. When a third-party damage occurs, the excavator, resident, or emergency responder will call and report the damage to Company.  The cost to repair Company’s facilities shall include but no be limited to, cost of labor, whether provided by Company employees or by contract labor, material, and applicable overhead costs.  Company will determine the volumes of lost water and apply the cost of pumping to those volumes in order to determine the cost to recover related to lost water.

Third Party Damage Billing and Collection Process

Company will bill the third party within 30 days of making the repairs.  If payment is not received or payment arrangements made within thirty days from the date the bill is submitted, Company will send a notice of overdue payment to the third patty.  If the third party does not pay within 30 days of the date shown on the overdue notice, Company will assign the account to an outside collection agency.

Accounting Process

Company will create a work order to track the costs of all third-party damages.  If the repair was a capital expenditure, the reimbursement will be credited to the appropriate asset account.  If the repair is an expense repair, the reimbursement will be credited to the appropriate expense account.  The cost of lost water will be credited to Company’s cost of pumping.  Company will maintain records in order that its billing and collection of third-party damage costs can be determined.

Miscellaneous

The Company complies with requirements of the Arkansas Department of Health applicable to its operations.

Water shall not be turned into any customer’s premises by any person who is not an agent of the Company.  Except when temporarily, by a plumber, with Company approval to enable him to test his work, and provided it shall be turned off immediately after the test is made.  The authorized agents of the Company shall have the right of access, at all reasonable hours, to the premises supplied with water for the purpose of reading meters, examining pipes and fixtures, observing manner of using water, and for any other purpose which is proper and necessary in the conduct of the Company’s business.  Such agents shall carry proper credentials evidencing their employment by the Company.

The Company will not be liable for any claim or damage arising from a shortage of water, the breaking of machinery or other facilities, or for any other cause.

As necessity may arise in the case of a break, emergency or other similar cause, the Company shall have the right temporarily to cut off the water supply in order to make necessary repairs, connections, etc.  The Company shall use all reasonable and practicable measures to notify the customer, in advance, of such discontinuance of service.  The Company shall not be liable for any damage or inconvenience suffered by the customer, or for any claim for interruption in service, lessening of supply, inadequate pressure, poor quality of water, or any other cause.  The Company may restrict or regulate the quantity of water used by customers in case of scarcity or

whenever the public welfare may require it.

No customer shall open or close any of the Company’s curb stops or valves in any public or private line.  This is in accordance with the state law on meter tampering.

No agent or employee of the Company shall have the right or authority to bind it by any promise, agreement, or representation contrary to the letter or intent of these policies.

Lawn, greenhouse, and garden sprinkling will be permitted through flexible hoses if equipped with hand or automatic nozzles.

Underground lawn sprinklers and irrigation systems may be installed only under special approval by the Company.  Customer must furnish schematic drawing of the proposed pipe layout, together with valves, sprinkler heads. and appurtenances, including sizes and specifications.

The Company reserves the right to alter or amend these rates and policies at any time, effective immediately upon posting of said alteration or amendment to Company’s website at www.lakeshorestateswaterdepartment.com.