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HomeMy WebLinkAboutCity Council Ordinance 1968-13a VILLAGE OF PLYMOUTH ORDINANCE NO. 68-/3 AN ORDINANCE ESTABLISHING A WATER UTILITY DEPARTMENT AND FIXING RULES AND REGULATIONS FOR WATER SERVICE WITHIN THE VILLAGE OF PLYMOUTH THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DO HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Village Code. The Village Code of the Village of Plymouth, Minnesota is hereby amended by addin;; the following thereto as Section 9 of Chapter VIII; Section 9. 9.01. There is hereby established in the Village o: Plymouth a water department which shall be under the direct regulation and control of the Village Council. The Council shall appoint persons to perform duties in such water department either in connection with other Village employment or as part-time employment. Such persons shall work under the direct supervision of the Clerk - Administrator. 9.02. The Clerk -Administrator shall be charged with the following duties and responsibilities with respect to the operation of the water department; (a) It shall be the duty of the Clerk - Administrator to see that all rules and regulations pertaining to the water system, the tapping of same by licensed plumbers, and the use of water be complied with in all respects, to see that no persons shall open any hydrant for any purpose whatsoever without his permission, except members of the Fire Department. (b) The Cleric -Administrator, or someone acting under his direction, upon being notified by any licensed plumber that one or more taps in tho mains are desired, shall direct the plumber in making the necessary taps in such mains within twenty-four (24) hours after such notification provided such crater mains are satisfactorily uncovered. t careful and complete record of the location of each tap and shut-off cock near the curb line shall be kept together with the name of the plumber performing the work and the date of same. (c) At the close of each quarter, zhe Clerk. Administrator shall be furnished with a list of water consumers whose rent has become delinquent. He shall proceed at once to notify each delinquent consumer, or in case he cannot be found, then the person in charge of the premises, of the amount of water rent due the Village and if the same is not paid within twenty-four (24) hours following such notification, then he shall immediately shut off the water service to the premises and the same shall not be turned on again until the provisions of Section 9.08 (d) have been complied with. 9.03. Except where municipal water is not available, it shall be unlawful to construct.any private water system which is designed or intended to provide water for human consumption. 9.04. All new construction of any house, building, or property to be used for human occupancy, enployment, recreation, or other purpose, within the Village of Plymouth, abutting on any street, alley or right -o: -way in which there is now located a municipal water system or where a municipal water system is reasonably available for extension, is hereby required at the owner's expense to install a toilet and to connect said toilet with th4 municipal water mains in accordance with the provisions of the ordinances of the Village of Plymouth. 9.08. In all areas where the municipal water system is under construction or has been extended in front of any existing house, building or property and the owners request the extension from the public right- of-way, such extension shall be at the owner's expense and it the service is to be extended into the structure the owner shall make application and pay all deposits required by this ordinance. 9.08. No contractor, plumber, or any other person or corporation other than employees of the Village water department, shall leave any water service in an "ON" position following the completion of a municipal water installation unless all charges have been paid and the user has made application, paid all fees, and obtained a permit in accordance with the provisions of this ordinance. 9.07. The following provisions shall govern all applications for water service within the Village; (a) Applications for water service shall be made on forms to be furnished by the Clerk - Administrator, shall state the legal description, street and official house numbers of the premises to be supplied, and the nature of the improvement to be done. Such application shall be signed by the owner of such premises or his authorized agent or by the occupant or person in possession thereof. A permit and inspection fee of $5.03 shall be payable to the Village Treasurer at the time the application is filed. Such application shall set forth the rules and regu- la(:ions of the water department with respect to the rates and use of water and each applicant -2- by such application shall subscribe t0 and be obliged to be bound by such rules and regulations. (b) The charges for tapping mains, hereinafter specified, shall be paid at the time the application is submitted and before the service is installed. No water will be turned on to the premises until all charges against it are paid. (c) No person except a plumber duly licensed by the State of Minnesota or a duly authorized employee of the Village shall be permitted to do any work on service pipes or fixtures connected with the water system. (d) The stop cock at main and sidewalk, together with box and cover are the property of the Village and all persons are forbidden to inter- fere with them. (e) The charges for tapping water mains shall be payable when application is made and shall be as follows: For making taps for service pipes of following diameter, charges: One (1) inch - Five Dollars ($5.00) Rates for pipes larger in diameter will be determined by the. Village Council. (f) No permit shall be issued to tap or connect with any water main of the Village of Plymouth, either directly or indirectly, from any lot or tract of land, unless the Clerk -Administrator shall have certified: (1) That such lot or tract of land to be served by such connection or tap has been assessed for the cost of construction of the water main with which the connection is made, or (2) Xf no assessment has been levied for such construction cost, that proceedings for levying such assessment have been or will be commenced in due course, or (3). That the cost of construction for said water main has boon paid by the developer or builder platting said lot or tract of land; this shall not include lots or tracts of land served by the municipal water system and which were not a part of the plat or tract developed, or (4) Xf no assessment has been levied, and no assessment proceedings will be completed in due ccu rse, and the developer or builder of the lot or tract has not paid the cost of improving said lot or tract of land, that a sum equal to the portion of the cost of construct ing.said water main which would be assessable against said lot or tract of land has been paid to the Village of Plyracu kl -3- tz�� c�i If no certificate can be issued by the Clerk-Administrator, no'such'permit to tap or connect to any water main shall be issued, unless the applicant shall pay an additional connection fee which shall be equal to the portion of the cost of construction of the said main which would be assessable against said lot or tract to be served by such tapping or connection. Said assessable cost is to be determined by the Village Engineer and the Village Assessor, upon the same basis per front foot as any assessment previously levied against other property for: the said main, or if no. such assessment has been levied, upon the basis of the uniform charge per front foot which may have been or which will be charged for similar tapping or connection with said main, determined on the basis of the total assessable cost of said main allocated on a frontage basis; where the assessable cost cannot be so deter- mined, the charges are hereby fixed at $5.00 per front foot of the property to be, served. Any sum received by the Village under the provisions of this section shall be paid into a special suspense_ account until it shall be determined by the Village Council whether the property served by said connection under` said permit will be assessable for any other " water mains; if it shall be'determined that no other water main shall be so assessable then said fee shall be credited to the fund for the, water main to which the connection was made, s but if the tract or lot served by ;the connection . is subsequently assessed for another water main, such sum shall be transferred to the fund for said main, and credited`against the amount' assessable against said tract or lot. 8.08. The following water rates and billing procedures are hereby established; (a) Water rates are hereby; established as: Flat rate - $.50 per thousand gallons Service. Size Minimum Charge per Month S" en = a 5/8" and 3/41' 6.00 1" and 11/4" meters 7.00 11/2" meters 8.00 211 meters X9.00 311 meters 10.00 4" meters 11.00 6" and over meters 13.00 These rates may be :modified by the Village Council by resolution duly adopted. (b) All bills for water furnished and supplied by the Village shall be payable quarterly, Such billings shall be based upon the reading of individual water meters on the premises to be charged and such readings shall be recorded on forms to be furnished by the Village water department. Billings shall be rendered to users of such water system on a quarterly basis and shall be due and payable not later than thirty (30) days following the post mark date of such billing. In addition to the charges -4- above provided, there shall be a late charge of 10% of the outstanding balance for payments made after the due date of said following month for water used during the previous quarter. Within fifteen (15) days after the due date the water department shall mail a notice to each consumer of water service whose bill for the preceding quarter has not been paid, a notice of such delinquency. Such notice shall be deemed sufficient notice to the consumer and to the owner of the property against which such charges are made. (c) At the end of each quarter from date of said notice or statement all bills not paid shall become delinquent and the Clerk Administrator shall forthwith deprive of water the premises against which such bills are unpaid and delinquent. (d) In all cases where the water has been turned off for non-payment of water bills or for violation of any rules or regulations of the water department, such water shall not be turned on again unless and until said bills have been fully paid, all delinquencies removed and a charge of $5.00 paid into the water department for reinstating water service. Such water service shall be reinstated only during regular working hours. Any delinquencies in the payment of the water consumed On said premises shall be a lien and charge against the premises so served regardless of'whether the same be a homestead or not. Said lien, in the case of such delinquency, shall be reported to the County Auditor by the Clerk -Administrator at the same time and in the same manner as special assessments on real estate for public improvements, and shall be collected in the same manner as taxes against real estate provided, however, that nothing herein shall change the provisions of the ordinance of this Village with reference to shutting off the water for non-payment of water rent. 9.09. For the benefit derived from the use of hydrants and the municipal water system for fire protection in the Village, the Village shall pay from the general fund into the water fund a sum for water consumed during the year as shall be determined from time to time by the Village Council. 9.10. The following rules and regulations shall pertain with respect to water meters installed in connection, with the Village water system: (a) The Village shall exclusively own and control the water meter and yoke to be used in the water system. Any damage to such meter or other property of the department due to the negligence of a consumer shall be added to the water bill of such consumer. (b) If any meters are damaged by freezing, hot water, etc., either by carelessness or neglect of the owner or occupant of the premises or their agents, the owner or occupant must pay for the repairs of such damages. The cost of -5- ordinary maintenance and ropairs of all. Meters owned by the Viilage shall be borne by the water department. (C) At the written request of any ouncr or consumer, a person desig-noted by the C1er%- Administrator shall test -r c .use to be tested the meters supplying the promises of such owner, or consumer. A deposit of $7.30 will be required before the motor is disconnected which will be returned to the owner or consumer if the meter is not found to be registering correctly within 10', other- wise the deposit so made shall be retained by the water department to cover the cost of such test. The owner or consumer may, if he desires, be present at the time any such test is made. The rti5;ult of any such test shall be reported to such owner or consumer in every case. (d) If the testing of a meter is hereinabove provided indicates that it resisters in excess of 10% error, the charge to the consumer for water consumed and used Burin; the quarter within which such test is made shall be the corresponding quarter of the previous year; if such consumer was not receiving service during such corresponding quarter of the previous year, or if for any other reason the charge for such corresponding period cannot be justly applied, the charge so made for the quarter within which such test occurred shall be equitab'y adjusted by the Clerk -Administrator. Any other adjustment of charges for water supplied through meters shall be made only by resolution of the Village Council. (e) The customer is prohibited from obs tructin. the meter so as to prohibit the reading, or repairing of the meter. (f) It shall be unlawful for any person to tamper with, modify, or alter any meter so as to avoid the payment of just charges for water. (g) So as to provide uniformity throughout the municipality, no water meter and yoke shall be installed in a single family dwelling except as specified by the municipality for that purpose. Meters and yokes required for larger users shall be specified by the Building Inspector. 9.11. The following additional rules and regulations shall pertain in connection with the operation of the Village water system: (a) All contracts made under the provisions of th4G ordinance shall be made by the Clerk-Adniri- strator with the owner of the property to be served, or his duly appointed agent, or attorney, and the owner of the property shall be liable to the Village for all rents accruing through the use of water upon his premises whether the same be personally used by him or his renter _C,_ or lessees or other occupants of tho premises. (b) All provisions of the ordinance, wherein tho term "consumer" is used, shall be construod as including the owner of the premises served. 'each owner of the premises desiring the use of Villageter tI reon shall file with the water dei mo nt the name of his agent, if he desirM to act through an agent, or his own address, and shall direct in such instrument the one to whom the bill for such water service shall be sent, and notices be riven, and the same shall be binding until a further notice differing therefrom shall have been made in writing and filed with the Clerk-Administrator. (c) No person except the Clerk -Administrator, or an employee designated by him, or a member of the Village Fire Department in case of fire, shall be allowed to open any fire hydrant in the Village for any purpose whatsoever without first securing a permit from the Clerk - Administrator. (d) The service pipe to the water main and the connections thereto shall be the property of the applicant and must be protected and maintained by him. In the event such applicant or any consumer shall fail t make any necessary repairs to such service connection or pipe within twenty-four hours after being notified so to do by the Clerk -Administrator, or an employee designated by him, the Clerk-Administra shall cause such repairs to be made and the cost thereof shall be charged to the owner of said premises or the consumer and shall be collected in the same manner as other bills for water consumption are collected. (e) No claims shall be made against the Village of Plymouth for reason of the breaking of any water :gain or service pipe or fixture or for any other interruption of supply, by reason of the breaking of machinery or stoppage for necessary repair. (f) Application for service connections which are to be used exclusively for supplying water to fire extinguisher systems shall be made to the Clerk -Administrator; such application shall be made by the owner of the premises to be served or his legal representative and shall be accompanied by a complete and correct drawing showing the locution of the promises to be supplied together with a location of all valves, pipes, hydrants, tanks, sprinkler heads and other appliances and devices to be installed on the premises. In the event such applicant will be permitted to make such connection with the street water :rains such connection shall be made under' the supervision am di-raccion of the Clerk - Administrator, or such poi"on designated by him; all the cost and eanonse znoreof shall be borne by the applicant. No water shall be drawn from any such fire service pipe so installed for any purposes whatever except for the extinguish- ment of fire and no connection shall be made -7- the service to the premises to be shut off a4 the cure} cock. (i) The Clerk --Administrator or any desi--nated employee of the water department shall have free access, at all reasonable hours, to premises to ascertain the location: or condition of all hose connections, pipes anal plumbing fixtures which in his opinion are causing unnecessary erste of water. he shall promptly notify the owner or occupant of such in the event any such designated -repairs are not made within twenty-four hours after such notification. The Clerk -Administrator, or any employee designated by him, shall make such r,pairs or cause the same to be made and the cost thereof small be charged to the owner or occupant of said premises and collected in the same manner herein provided for the collection of other bills to the water department. 9.12. The following rules and regulations shall pertain to licensed plumbers doing work in connection with the municipal water system; (a) In putting down or repairing service pipes, the streets or alleys must be open at a time and in the manner which will cause the least inconvenience to the ;;raveling public and every precaution must be taken to insure the public safety and the safety of to property. All excavations remaining overnight shall be protected by substantial ba.rriers and sufficient red lights kept burning thereat from early twilight until morning of the next day, but open lights such as flares must be put out each morning. (b) No pltimbor ,hall co7unr.nco any plumbing work of any kind where a peri,it is necossary without first assuring himsell that a permit has been granted. (c) In filling trencl.os in streets or alleys, the plumber must carc:Cully compact the material so that it will be solid and in as --ood condition in every respect as before the trench w s opened. The plLimber shall rQplicaer repair all curbs, sidewalks, pavement, boulevard or street surface is as good a co:idition as when he found it and ho shall pay all costs, of replacement or repa,ixs. (d) No plumber shall be allowed to turn on Village water without first ob; aiaing permission from the Clork-Adminis Lrator who sIt 11 s 4 Lha t mater has boon placed on the sorvice and placed in such a wannor -Laat 11, will rn„la:.er all water consumed and tliat all of her :arts of zhe plumlbina and pipe ittin; in and about tite premises have been in Still colmnliance wit`.: t e rules and regulations of this ordinance and all other rules and regulations which -9- i i 1 department shall make from ti -..,.e to i ' (e) The plumber shall assist the _tor, or any person designated by him, in ma.:in a any measurements necessary in locating the tap in the main and curb cock. (f) No plumbers.hall make any attar.L:.ent to any pipe or water fixture in a seres.ce pipe which is not in use between the water mains and the meters, without the party desirin such worst to be done having first rade applic.:.tion to and obtained a written permait from the Cler'e- Administrator for the performance of such worl:, and no plumber shall make any replacement tap or connect any tap or connection theretofore made in any water main without first shutting off the water in such old tap or connection at the corporate cock in the water main. (g) Plater service pipes to any meter shall be Type 111(" copper and shall be 3/4 inch inside I diameter or larger. Section 2. This ordinance shall become effective upon its passage and publication. Ado ted by the 'pillage Council the � 'day of 1968. "'_"_Mayor