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
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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
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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,
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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
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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
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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
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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
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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
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department shall make from ti -..,.e to
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' (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
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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