Please ensure Javascript is enabled for purposes of website accessibility Ordinance No. 209 - Water Utility - Wabasso MN

AN ORDINANCE REGULATING THE WABASSO WATER UTILITY

The City Council of the City of Wabasso ordains:

Section 1. Public Utility.

The City of Wabasso Municipal Water System (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this ordinance.

Section 2. Construction in Accordance with Ordinance.

No person, firm or corporation shall make, construct or install any water service which is connected to the water system except in the manner provided in this Ordinance.

Section 3. Applications.

A. All applications for service installation and for water service shall be made at the Office of the City Clerk.
B. All application for service installations shall be made by the owner of the property to be served, or his duly authorized agent and shall state the size and location of the service connection required, and the applicant shall at the time of making application pay to the city the amount of fees or deposit required for the installation of the service connection as hereinafter provided.
C. The application shall also contain the name of the owner and an exact description of the property, lot block, and addition, name of the street upon which the property fronts, and the signature of the applicant, or his agent, agreeing to conform to the rules and regulations that may be established by the city as conditions for the use of water.
D. A meter with tail piece couplings will be furnished to the contractor or plumber, at the time a connection permit is issued.
Section

4. Connection Charges.

Where a curb box and service lead have not been installed additional charges shall be paid at the time of making application for tapping the water main which charges shall be as follows:
A. If the installation is to be in an unsurfaced street, there shall be a charge of $25.00 for a one inch service connection.
B. If the installation is to be in a surfaced street, the location of the water main shall be ascertained. There shall be a tot al charge of $50.00 for restoration of a typical road-mix bituminous street. All backfill materials shall be mechanically compacted in a twelve inch (12”) layers to the bottom of the previously existing pavement base.
C. For larger connections, the amount shall be fixed by the city council based upon the cost of installing the service.

Section 5. Connection charge.

A connection charge as determined by resolution of the city council shall be paid at the time of making application for water service. This charge shall include the tapping of the water main, the installation of the service line and the installation of the curb box.

Section 6. Water Service Rates.

A. The rate due and payable to the city by each water user for water taken from a water system shall be that rate established by the city council by resolution.
B. In case the meter has found to have stopped, or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously in comparable periods of the year.
C. Where service is for less than a quarterly period, the quarterly charge will be prorated on a monthly basis.
D. Water bills shall be mailed to the customers quarterly and shall specify the water consumed and charge in accordance with the foregoing rates.
E. Where a connection is made to an automatic sprinkler system for standby service only, a charge as set by the city council by resolution shall be made on an annual basis.
F. Exemptions- Residential homes and businesses shall be exempt from metering if the city deems it impossible or improbable for said meter to be installed. Those establishments not being metered shall then pay the appropriate fee as determined by city council resolution for water service.

Section 7. Statements.

Statements for charges for water service shall be mailed to each customer on or before the fifth day of January, April, July and October of each year. Such statements shall be due and payable to the City of Wabasso on or before the 1st day of the second month following the quarterly period covered by the statement. It shall be the duty of the city to endeavor to collect delinquent accounts as promptly as possible, and in all cases where satisfactory arrangements for payment have not been made, instructions shall be given to discontinue service.
All delinquent accounts may be certified to the Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the property served. This assessment Roll shall be delivered to the city council at their September meeting for adoption. All persons who have delinquent accounts proposed for assessment charges shall be notified and given a chance to appear before the council at that meeting. The Clerk shall then certify to the County Auditor the amount due and the County Auditor shall thereupon enter such amount as part of the tax levy on such premises to be collected during the ensuing year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts.

Section 8. Authorized Water Shut Downs.

The city shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting off water for the purpose of making repairs or connections or from any other cause whatever. In the case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting: or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary.
A. No person except an authorized city employee shall turn on or off any water supply without permission from the city.

Section 9. Separate Meters Required.

No more than one housing unit or building shall be supplied from one service connection except by special permission of the city. Whenever two or more parties are supplied from one pipe, connecting with the distribution main each building or part of the building must have a separate shut off valve and a separate meter.

Section 10. Authorization Required.

Only person authorized by this ordinance shall tap any distributing pipe or main of the water system or insert cooperation clocks or ferrules therein.

Section 11. Maintenance of Service Pipe.

It shall be the responsibility of the consumer or owner to maintain the service pipe from the property line into the house or building. In the case of failure on the part of any consumer or owner to repair any leak occurring in his pipe within twenty-four (24) hours after written or verbal notice thereof, the water will be shut off and will not be turned on until the service charge of $5.00 has been paid and the leak repaired. When the waste of water is great, water may be turned off immediately pending repairs.

Setion 12. Restrictions Caused by Water Shortage.

Whenever the Council shall determine that a shortage of water supply threatens the city, it may, by resolution, limit the times and hours during which water may be used from the water system for lawn and gardening sprinkling, irrigation, car washing and other uses specified herein.
Notice of such limitation shall thereupon be mailed to each water consumer. Two days after the mailing of such notice, any water consumer who shall cause or permit water to be used in violations of said notice, shall be charged $5.00 for each day of such violation, which charge shall be added to his next water bill. Continued violation is hereby prohibited and shall be cause for discontinuation of water service.

Section 13. Operation of Fire Hydrants.

No person other than authorized city employees shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit from the city to do so, subject to the following conditions:
A. A permit to use a fire hydrant shall be issued for each individual job or contract for a minimum period opf thirty (30) days, and for such additional thirty (30) day periods as are requested and deemed necessary. The permit shall state the location of the hydrant and shall be for the use of that hydrant and no other.
B. The user shall make a $25.00 advance cash deposit to guarantee payment for water used and to cover breakage and damage to the hydrant or meter, which shall be refunded upon expiration of the permit, less applicable charges for use.
C. The user shall pay a rental charge that shall be set by resolution for each thirty (30) day period or fraction thereof and $1.00 for each 1,000 gallons of water used.

Section 14. Sources of Water Contamination.

The following possible sources of contamination shall not be installed within seventy-five (75) feet pf any public well:
Building Plumbing
Building Drains
Septic Tanks
Storm Sewers
Sanitary Sewers
Cess Pools
Leaching Pits
Drain Fields

Section 15. Water Meters.

Except for extinguishing of fire, no person except authorized city employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied or approved by the city. Only persons authorized by the city shall connect, disconnect, take apart or in any manner change or cause to be changed, or interfere with any such meter or the action thereof.
A. A charge for water meters shall be paid to the city by customers in advance before delivery of the water meter for installation. Said charge shall be determined by resolution of the city council. The charge for the water meter will be refunded only when water service to a particular structure is disconnected.
B. The city shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. However, where any replacement or repair or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness or negligence of the owner or occupant of any premises, any expense incurred by the city to repair said damage shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and the amount charged collected.
C. When a consumer makes a complaint that the bill for any past service has been excessive, the city shall, upon request have that meter re-read.
D. All water meters shall be and remain the property of the city whenever deemed necessary.
E. Authorized city employees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system for reading of meters and inspection. The Clerk shall be authorized to make adjustments in water charges when in the Clerk’s opinion, the amount billed is erroneous due to a meter deficiency or other mistake.

Section 16. Water Fund.

There is also created and the Treasurer shall maintain on the official books and records of the city a separate and special fund to be designated as the Water Fund, which shall be held and administered by the Clerk separate and apart from all other funds.

Section 17. Revenues and Expenses.

All sums received for any water services, connection charges, sale of any water utility assets or any other incidental revenues of the water utility shall be deposited to this account, or any subaccounts of this special account as the City Clerk shall see proper. All deposits shall be maintained in a separate sub-account of this account entitled the Water Fund Deposit account. All expenses incidental to the operation of the water utility shall be paid from this general account or the appropriate sub-account.

Section 18. Deposit of Fund Balance.

All money from time to time on hand in the Water Utility Fund shall be deposited in a bank account or accounts, with a bank duly designated as depository of public funds, and secured by the pledge of investments of the kinds and in the amounts required by law; provided that such fund may be invested under the direction of the council in securities of the kinds authorized by law for the investment of municipal bond sinking funds.

Section 19. With the passage by the city council and its publication, Ordinance No. 4 of 1959 regarding Water Rates, etc. shall be repealed.

Passed and Adopted this 24th day of March, 1977.

John Maurer
Mayor
Attest: Marilyn Davis
City Clerk

________________________________

Amendment to Ordinance No. 209

AN ORDINANCE REGULATING THE WABASSO WATER UTILITY

The City Council of the City of Wabasso does ordain:

That section 13 (B) of the ordinance regulating the Wabasso Water Utility shall be amended to read as follows:

“ The user shall make an advance cash deposit in an amount to be determined by the Wabasso City Council from time to time by resolution to guarantee payment for water used and to cover breakage and damage to the hydrant or meter, which shall be refunded upon expiration of the permit, less applicable charges for use. “

This amendment shall take effect from and after its adoption and publication according to law.

Passed and adopted this 11th day of April, 1983.

George Eykyn
Mayor

Attest: Marilyn Davis
City Clerk

________________________________

Amendments to Ordinance No. 209

The City Council of the City of Wabasso ordains that Ordinance No. 209, Section 7 shall be amended to read as follows:

Section 7. Statements, Collections and Provision for Shut-off for Non-payment.

Statements and Collections. 

Statements for charges for water service for the period shall be mailed to the customer on or before the 5th day of January, April, July and October of each year. Such statements shall be due and payable to the City of Wabasso on or before the 1st day of the second month following the quarterly period covered by such statement.It shall be the duty of the city to endeavor to collect delinquent accounts as promptly as possible and in all cases where satisfactory arrangements for payment have not been made, after complying with the procedural requirements hereinafter described, the Water Maintenance Supervisor shall discontinue service to the delinquent customer by shutting off the water at the stop box. When water service to any premises has been discontinued service shall not be restored except upon payment of all delinquent amounts due plus a fee for disconnection and reconnection of Thirty Dollars ($30.00).

Provision for Shut-off for Non-payment. 

Water shall not be shut –off until notice and opportunity for a hearing have first been given the occupant of the premises involved. The notice shall be personally served and shall state if payment is not made before a date stated in the notice but not less than five (5) days after the date on which the notice is given, the water supply to the premises shall be shut-off.  The notice shall also state the occupant may, before such date, demand a hearing on the matter, in which case the water will not be cut off until after the hearing is held. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by a panel of three (3) impartial residents of the city appointed by the city council. If as a result of the hearing, the said panel finds that the amount claimed to be owing is actually due and unpaid and there is no legal reason why the water supply of the delinquent customer may not be shut-off in accordance with this ordinance, the city may shut-off the water supply.
Collection with Taxes. 

Delinquent accounts shall be certified by the City Clerk who shall prepare an Assessment Roll each year providing for assessment of delinquent amounts against the respective property served. This Assessment Roll shall be delivered to the City council for adoption on or before October 1st of each year. All persons who have delinquent accounts being proposed for assessment charges shall be notified and given a chance to appear before the council at that meeting. In the event the delinquency involves rental property, notice shall be given to the record owner of the property in addition to the tenant or other parties in possession and given a chance to appear before the council at that meeting. Upon adoption, the Clerk shall certify the Assessment Roll to the County Auditor for collection along with taxes. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. 

The City Council of the City of Wabasso ordains that Ordinance No. 209, Section 13 Subsection B shall be amended to read as follows:

B. The user shall make a twenty dollar ($20.00) advance cash deposit to guarantee payment for water used and to cover breakage and damage to the hydrant or meter, which shall be refunded upon expiration of the permit, less applicable use charges.

This amendment shall become effective upon publication according to law.

Passed, approved and adopted by the City Council of the City of Wabasso Minnesota this 13th day of January, 1986.

Douglas Strand
Acting Mayor

Attest: Marilyn Davis
City Clerk

Amendment to Ordinance No. 209

The City Council of the City of Wabasso ordains that Ordinance No. 209, Section 7 entitled “Statements, Collections, and Provision for Shut-off for Non-payment”, Subsection entitled “Statements and Collections” shall be amended as follows:

STATEMENTS AND COLLECTIONS. 

Statements for charges for water service, sewer service, and garbage collection for the period shall be mailed to each customer on or before the 5th day of January, April, July and October of each year and shall be presented on one bill to the customer. Such statements shall be due and payable to the City of Wabasso on or before the 1st day of the second month following the quarterly period covered by such statement. It shall be the duty of the city to endeavor to collect delinquent accounts as promptly as possible, and in all cases where satisfactory arrangements for payment have not been made, after complying with the procedural requirements hereinafter described, the Water Maintenance Supervisor shall discontinue service to the delinquent customer by shutting off the water at the stop box. When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent amounts due plus a fee for disconnection and reconnection of thirty ($30.00).

This amendment shall become effective upon publication according to law. 

Passed, approved and adopted by the City Council of the City of Wabasso, Minnesota this 10th day of July, 1989. 

Doug Strand, Mayor

Attest: Marilyn Davis, City Clerk

Amendment to Ordinance No. 209

The City Council of the City of Wabasso ordains that Ordinance No. 209, Section 7 “Statements, Collections, and Provisions for Shut-off for Non-payment” shall be amended as follows:

Section 7. Statements, Collections, Cold Weather Rule and Provisions for Shut-off for Non-payment.

a) Statements and Collections. All accounts shall be carried in the name of the owner who personally, or by his or her authorized agent, applied for such service. The owner shall be liable for water supplied to the property, whether he or she is occupying the property or not and any charges unpaid shall be a lien upon the property. It will then be the responsibility of the landlord to secure payment of the bill through the tenant. Statement for charges for water service, sewer service, and garbage collection shall be mailed to each customer on or before the 5th day of January, April, July and October of each year and shall be presented on one bill to the customer. It shall be the duty of the city to endeavor to collect delinquent accounts as promptly as possible, and in all cases where satisfactory arrangement for payment have not been made, after complying with the procedural requirements hereinafter described, the Water Maintenance Supervisor shall discontinue service to the delinquent customer by shutting off the water to the stop box. When water services to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent amounts due plus a fee for disconnection and reconnection of thirty dollars ($30.00).
b) Cold Weather Rule For Certain Residential Customers. Water shall not be shut-off to a residential customer if the disconnection affected the primary heat source for the residential unit when the following conditions are met:
i) The disconnection would occur during the period of October 15th and April 15th;
ii) The customer has declared inability to pay on forms provided by the utility;
iii) The household income of the customer is less than 185$ of the federal poverty level as documented by the customer to the utility; and
iv) The customer’s account is current for the billing period immediately prior to October 15th or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
Before disconnecting service to a residential customer during the period between October 15th and April 15th, the city must provide the following information to the customer:
i) A notice of the proposed disconnection;
ii) A statement explaining the customer’s rights and responsibilities;
iii) A list of local energy assistance providers;
iv) Forms on which to declare an inability to pay; and
v) A statement explaining the available time payment plans and other opportunities to secure continued utility service.
If a residential customer must be involuntarily disconnected between October 15th and April 15th for failure to comply with the provisions of this subdivision, the disconnection must not occur on a Friday or on the day before a holiday, and the disconnection must not occur until at least 20 days after the notice herein has been mailed to the customer or fifteen days after the notice has been personally delivered to the customer. If a residential customer does not respond to the disconnection notice, the customer must not be disconnected until the city investigates whether the residential unit is occupied and, if it is found to be occupied the city must immediately inform the customer of the provisions of this subdivision. If the unit is unoccupied, the city must give seven days written notice of the proposed disconnection to the local energy assistance provider before making a disconnection.
c) Provision for Shut-off for Non-payment. Water shall not be shut-off until notice and an opportunity for a hearing have first been given the occupant of the premises involved. The notice shall be personally served and shall state that if payment is not made before a date stated in the notice but not less than five days after the date on which the notice is given, the water supply to the premises will be shut-off. The notice shall also state that the occupant may, before such date, demand a hearing on the matter, in which case the supply will not be cut off until after the hearing is held. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by a panel of three impartial residents the city appointed by the city council. If as a result of the hearing, the said panel finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut-off in accordance with this ordinance, the city may shut-off the supply.
d) Collection with Taxes. Delinquent accounts shall be certified by the City Clerk who shall prepare an Assessment Role each year providing for the assessment of the delinquent amount against the respective property served. This assessment Role shall be delivered to the City Council for adoption on or before October 1st of each year. All persons who have delinquent accounts being proposed for assessment charges shall be notified and given a chance to appear before the council at that meeting. In the event the delinquency involves rental property, notice shall be given to the record owner of the property in addition to the tenant or other parties in possession and given a chance to appear before the council at that meeting. Upon adoption, the clerk shall certify the Assessment Roll to the county Auditor for collection with taxes. Such action may be optional or subsequent to taking legal action to collect delinquent accounts and shall not preclude the city or its agents from recovery of such delinquent accounts and interest under any other remedy.
This amendment shall become effective upon publication according to law.

Passed, approved and adopted by the City Council of the City of Wabasso, Minnesota on this 14th day of February, 1994.

 Jon Van Loy
 Acting Mayor

Attest:
Marilyn Davis
City Clerk

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