ORDINANCE NUMBER 30
Section 1. Permits:
Before any person, firm, association or corporation shall be allowed to
open any ditch on any public street, alley or avenue in said City of ___________
for the purpose of placing therein sewer or water mains or pipes, a permit
therefore shall first be obtained from the City of __________ Utilities
Commission for a fee of $15.00, and any person, firm, association or corporation
so opening any ditch must keep the same guarded by a fence by day plus warning
lights by night, together with additional warning for traffic as required by the
Superintendent of the Waterworks, and any work performed by any such parties for
the said City of __________ must be guaranteed for a period of one year after
Section 2. Specifications:
All material used in the construction of any sewer or water main, or any
part thereof, including mains, hydrants, curb cock and curb boxes shall be as
prescribed by the Utilities Commission of said City of ________ in conformity
with the provisions of any Ordinance of the City of _________ and the rules and
regulations of the State Board of Health and the placing of any of the same in
position shall be as and in the manner directed by such Commission pursuant to
the provisions of the before mentioned Ordinances and the rules and regulations
of the State Board of Health respecting the same, and no ditch opened for the
purpose of any such construction of any sewer or water main shall be closed
before the same has been inspected by the person or persons appointed for that
purpose by said City of ___________ and all filling shall be done as prescribed
by such inspector.
Section 3. Tapping:
Before any tapping to any water main shall be done, a permit therefore
must first be obtained from the Utilities Commission of said City of __________
and upon the payment to the City of _________
of a tapping fee of $250.00 which includes the cost of street repair, a 3/4 inch
meter to be furnished and be installed as directed by the Superintendent of the
Waterworks. Should a larger meter be required, the tapping charge shall be
$50.00, and the consumer shall also pay the actual expense incurred by the City
in completing said tapping. All such tappings shall be done by the
Superintendent of the Waterworks, or his agents, and no taps shall be made
between the water main and the inside of the water meter and no ties, branches
or other taps shall be made between the water main and the inside of the water
meter and it shall be unlawful for any person except the Superintendent of the
Waterworks, or his agents, or the fire department in case of fire, to turn on or
off the water of the City owned system, at a curb or at any other place on City
property. All meters shall remain the property of the Utilities Commission of
the City of ________. It shall be
unlawful to connect a private water source with the City of _________ Water
Section 4. Water Rates:
All taps used by any individual, firm, association or corporation for the
supply of water from said City of __________ shall be provided with a water
meter by the City of _________. Each apartment, dwelling, office or mobile
home not furnished with a meter shall pay the City of __________ a minimum
amount of $4.50 per month for water so used in any month. In addition, each
water user furnished with a water meter shall pay to the City of ___________ the
following monthly rates:
|$2.30 minimum charge; said minimum charge to include the first 750 gallons
of water; and
|$0.07 per 100 gallons for all additional gallons.
Section 5. Non-owners:
No tapping shall be made and no water shall be turned on for any person
not the owner of the property where such water is desired until such person
shall have paid to the City of _______, through the Utilities Commission, the
sum of $25.00 if an individual user and the sum of $50.00 if a business or hotel
user as a guarantee for the payment of the water bill for the time such person
shall be so in possession of any such property, and in the event that such
person or persons shall move away without paying the water bill or bills for
such property, the amount then due shall be deducted from such deposit and the
balance, if any, shall be paid to the person so making such deposit.
Section 6. Meter Reading:
Each water user shall read his own meter monthly as of the 20th of each
month, and on forms provided by the Utilities Commission for such purposes,
shall report such reading to said Commission by the last day of such month.
Should the water user fail to report a reading as herein required, the Utilities
Commission shall bill as if the use was the same as the previous month until
otherwise ascertained. The Utilities Commission shall have its agent or employee
read every meter in the City of _________ not less than twice a year for
verification of user readings.
Section 7. Water Bills:
The Utilities Commission of the City of ________ shall on the 10th day of
the month following the meter reading send to each water user a statement of the
amount due for water used the past month, also including any past due balance,
which amount shall be due and payable to the Utilities Commission on or before
the last day of the month in which the statement is received and if not then
paid, shall be in default. Billings in default shall be treated as a charge
transaction as opposed to a cash transaction and shall be charged a 10%
surcharge thereon. In the event any
water user shall be in default in the payment of any water bill exceeding 60
days, such water service shall be turned off until such water bill is paid with
a fee of $2.50 to cover the cost of turning the water back on again. It shall be
mandatory upon the Utilities Commission in case of a default in the payment of
any water bill exceeding 60 days to cause the water to be turned off to that
service line because of such delinquency.
Section 8. Water Service Required:
Subd. 1. Facilities. When property abuts upon any
public street or alley along which water mains have been constructed, the owner
of any dwelling or commercial establishment on the property shall install water
service therein and connect with the City water main in accordance with the
provisions of this Ordinance within 120 days after the date of mailing or
delivering official notice to do so. The notice shall be given to the owner or
occupant or his authorized agent in writing by the City Clerk on order of the
_________ City Council.
Subd. 2. City action. Whenever any owner or occupant
fails to comply with such written notice, the Council shall by resolution direct
that a waterline connection and meter be installed and connection made with the
water system and the cost of the installation be paid in the first instance out
of the general fund and then assessed against the property benefited.
Subd. 3. Assessment. After the installation and
connection have been complete pursuant to Council resolution, the Clerk shall
serve written notice of the assessment upon the owner or his representative
directing him to pay the assessment to the Treasurer within 10 days after the
service of the notice. If the assessment is not paid within 10 days, the Clerk
shall certify the amount to the County Auditor for collection in the same manner
as other special assessments. The Council may by resolution spread the
assessment over a three year period.
Section 9. Nonperformance:
The City of _______ will not perform the work necessary in the
construction of any ditches for water or sewer mains from the main line of
either thereof on any private property.
Section 10. Penalties:
Any person convicted of the violation of any of the provisions of this
Ordinance shall be guilty of a misdemeanor.
Section 11. Effect:
This Ordinance is in effect from and after the date published.
PASSED BY THE CITY COUNCIL OF _____________, MINNESOTA, THIS 1ST
DAY OF ____________, YEAR ___________.
TO SECTION 8
ORDINANCE NO. 30.2:
The Council of the City of __________ ordains:
Section 1. Section 8, Subd. 1, of Ordinance No. 30 is hereby amended by adding
thereto, at the end of said subdivision, the following paragraphs:
“As to non-abutting property which, in the case of residential use is within
400 feet and in the case of business or commercial use is within 600 feet of any
public street or alley along which water mains have been constructed, the owner
shall, as to any new construction requiring water service, connect
with the city water main in accordance with the provisions of this Ordinance,
before any use or occupancy may be made of such premises.
“Any existing business or commercial use which abandons an existing private
well or water source must substitute it with a connection to the ______ City
water supply, as opposed to any private water supply.”
PASSED This day of ______________, year ________.
ORDINANCE NO. 30.1
An Amendment to Ordinance No. 30.
The Council of the City of _________ ordains:
Section 1. Section 4 of Ordinance No. 30 is hereby amended to read as
“Section 4. Water Rates:
“All taps, except to mobile homes or for fire protection service, used by any
individual, form, association or corporation for the supply of water from said
City of _______ shall be provided with a water meter by the City of __________.
“Each mobile home not furnished with a meter shall pay the City of __________
a minimum amount of $4.50 per month for water so used in any month.
“Each water user furnished with a water meter shall pay to the City of
________ the following monthly rates:
$2.30 minimum charge; said minimum charge to include the first 750 gallons
of water; and $0.07 per 100 gallons for all additional gallons.
“Each water user with a fire protection line to private property shall pay to
the City of ___________ the following monthly rates for such fire protection
$25.00 per month — 6 inch connection;
$37.50 per month — 8 inch connection.
“There shall be no additional charge for water used for fire protection
Section 2. EFFECTIVE DATE. This ordinance shall become effective upon its
passage and publication.
Passed by the City Council of the City of __________ this day of _________.
AN AMENDMENT TO ORDINANCE NO. 30.1 REGARDING WATER RATES.
The City Council of the City of _________ ordains:
1. Section 1 of Ordinance No. 30.1, and thereby Section 4 of Ordinance No.
30 is hereby amended to read as follows:
“Section 4. Water Rates:
Each water user shall pay to the City of __________ such monthly rates as are
established by the _________ Public Utilities Commission. The setting of such
water rates shall, however, be subject to a requirement of thirty days' written
notice by the commission to each water user affected thereby prior to any change
being made and shall also be subject to prior approval after such notice has
been given by the City Council.”
SECTION 2. Effective Date. This ordinance shall become
effective upon its passage and publication.
AN AMENDMENT TO ORDINANCE NO. 30.
The City Council of the City of ___________,
Minnesota, does ordain:
Section 1. Section 8 of Ordinance No. 30 is hereby amended to add thereto
Non-user Water Rates. As to each curb stop (place allowed for connection to
the city water line). any property owner who has not connected to the City water
line shall pay a fee set by the City Council for each such curb stop. However,
this non-user fee shall not be due and payable in those instances where the
property owner served by such curb stop has such property homesteaded and owns also an immediately
adjacent homesteaded property which is hooked up to and served by the City water
system. The fact, however, that such nonuser water rate is being charged by
the City of ________ or is being waived hereunder in no way waives or diminishes
the right of the City to require any property owner to connect to said water
system in accordance with the terms and provisions above”.
Section 2. Effective Date.
This ordinance shall become effective upon its passage and publication.
ORDINANCE NO. 30.6
AN ORDINANCE AMENDING ORDINANCE NO. 30 RELATING TO _____________ WATER
The City Council of the City of _____________, Minnesota, hereby ordains:
SECTION 1. This ordinance is an ordinance amending Ordinance No. 30 as
SECTION 2. For the purpose of providing funds to meet the costs of
operating the City’s wells, water treatment, water storage and water
distribution systems, and the plant and facilities connected therewith, and the
payment of capital charges represented by bonds, certificates of indebtedness or
otherwise, which may be used to finance the costs of additions or expansions to
said facilities, and the payment of reasonable requirements or reserves for
replacement in obsolescence thereof, there is hereby levied and assessed upon
each lot, parcel of land, building or premises having any connection with the
City’s public water system a water connection charge as hereinafter provided.
SECTION 3. The connection charge as hereinabove authorized shall be levied
in addition to the user charges for water service and shall be determined and
administered as follows:
Before connecting to the City’s water system, a City water connection
charge as hereinafter provided for shall be paid. If, after the initial
connection charge is paid, an additional building permit(s) issue(s), or new
water connections are made, the connection charge shall be recalculated and any
additional charges shall be paid. Any change in the City water connection charge
as hereinafter set forth shall be by Council resolution in the manner provided
for with respect to water rates under Ordinance No. 30, as amended. The city
connection charges shall be paid to the City before a building permit or water
connection permit is issued unless other arrangements for payment are made and
approved by the City. The City Council may approve by way of an assessment
agreement charges on new or enlarged multiple residential, commercial or
industrial buildings when the number of equivalent residential connection units
(ERC’s) is ten (10) or more. The rate of interest shall be set by the City
b) The amount of the connection charge
shall be determined by the City by first determining the number of ERC’s
applicable to the particular property. This shall be done in accordance with the
tables set forth in the Reserve Capacity Charge Manual of the Metropolitan Waste
Control Commission, revised 1990 edition, which is incorporated herein by
reference as if fully set forth. Once the appropriate number of ERC’s are
determined in this manner, the connection charge shall be as follows:
Property Zoned R-l or R-3
$100.00 per ERC
Property Zoned R-2 or Multi-Family
$250.00 per ERC
Property Zoned Commercial, Business or Industrial
$750.00 per ERC
The City Clerk and the utilities superintendent shall determine the
number of ERC’s per connection. Appeals from their decisions shall be made to
the Utilities Commission.
Once established, the number of ERC’s shall remain the same on the
property unless an addition to the property is made. Only the involuntary
removal or destruction of a non—conforming structure will be grounds for the
City Council to cancel or reduce the number of ERC’s on the property. This
reduction shall apply to the user charge only. With the permission of the
Council, an ERC can be transferred on the property from a structure being
removed to a structure being constructed.
Any use not represented in the tables of the Manual referred to in
Paragraph (b) above shall be subject to a determination of the appropriate
number of ERC’s by the City Clerk and the utilities superintendent based on
estimated flows, subject to the appeal provision set forth above.
SECTION 4. That in all other respects, Ordinance No. 30 shall
remain in full force and effect as originally drafted.
SECTION 5. This ordinance shall become effective upon its passage and
publication according to law.
Passed by the City Council of the City of ____________, Minnesota, this
___________ day, _______________, year.
AN ORDINANCE AMENDING ORDINANCE NO. 30 RELATING TO ___________ WATERWORKS
The City Council of the City of ______________, Minnesota, hereby ordains:
SECTION 1. That Ordinance No. 30 is hereby amended by labeling the
existing Section 7 thereof as “Subdivision 1 -- Billings”, and by adding to
Section 7 as follows:
“Subdivision 2. Procedure.
Water shall not be shut off under Subdivision 1 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 no less than ten days after the date on
which notice is given, the water supply to the premises will be shut off. The
notice shall clearly inform the customer of the available opportunities to
present to the City objections to the bill, and shall identify the telephone
number, address, and officer or employee who has the authority to review the
facts and files and to correct any errors in the billing. The notice shall also
state that the occupant may before such a 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 the Utilities Commission at least one week after the date
on which the request is made. If as a result of the hearing, the Utilities
Commission 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.
Subdivision 3. Applications for Service Procedure.
Application for a water service installation and for water service shall be made
to the City Clerk on forms prescribed by the Utilities Commission and furnished
by the City. By his signature the applicant shall agree to conform to this
ordinance and to rules and regulations that may be established by the City as
conditions for the use of water.
Subdivision 4. Accounts in Name of Owner.
All accounts shall be carried in the name of the owner who personally, or by his
authorized agent, shall apply for such service. The owner shall be liable for
water supplied to his property, whether he is occupying the property or not, and
any charges unpaid shall be a lien upon the property.
Subdivision 5. Collection with Taxes.
Delinquent accounts shall be certified to the City Clerk, who shall prepare an
assessment roll each year providing for assessment of the delinquent amount
against the respective property served. The assessment roll shall be delivered
to the City Council for adoption on or before October 1 of each year. Upon such
adoption, the Clerk shall certify the assessment roll to the County Auditor for
collection along with taxes as authorized under Minnesota Statutes Section
SECTION II. Subdivision 3 of Section 8 of Ordinance No. 30 is
hereby repealed in its entirety.
SECTION III. EFFECTIVE DATE. This ordinance shall take effect upon
its passage and publication.
Passed by the City Council of ___________, Minnesota, this ______ day of
_______, _______ year.
CITY OF ____________, MINNESOTA