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Ordinance 006CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 6 AN ORDINANCE REGULATING CONNECTION TO THE CITY WATER SUPPLY SYSTEM AND ESTABLISHING RATES AND CHARGES THEREFORE 0 The Chanhassen City Council ordains: Section 1. Use of Municipal Watermains and Connection Thereto. 1.01 Requirement for Connection. 1) Issuance of building permits for new construction where the property is adjacent to a municipal watermain, or in a block through or to which the watermain extends, or is within 150 feet of the water system shall be conditioned upon connection to said municipal water system, unless in the opinion of the City Engineer it is neither feasible nor practical to make such connection. 2) The drilling of new wells shall not be permitted for existing dwellings which can be serviced by the municipal water system. Upon failure of a private water supply, connection to the municipal system shall be required. Section 2. Permits. 2.01 Master Plumber. Any work which in any way affects the City's water lines or connections thereto shall be per- formed only under the direct supervision of a master plumber licensed by the State of Minnesota, who, prior to the doing of any work in connection therewith, shall first obtain a written permit therefore from the City. In the w event that the permitted work includes any direct contact with the City's water system or the alteration of a City street, the plumber shall file with the City a corporate surety bond approved by the City Clerk in the sum of $2,000.00, conditioned that he will perform competently all work with due care and skill, and in accordance with State and City laws, ordinances, rules and regulations. Said bond shall provide that the principal and surety shall indemnify and save harmless the City and the owner of the premises for which the work is to be performed against all damages, costs, expenses, and claims of every nature arising out of violation of State and City laws, ordinances, rules and regulations, lack of skill, or negligence on the part of the principal in connection with the performance of any work hereunder or the furnishing of materials there- fore. Said bond shall remain in force for a period of one year., -except that on such expiration it shall remain in force as to all penalties, claims and demands that may have arisen thereunder prior to such expiration. 2.02 Permits Required. The master plumber shall make application for a permit on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information which the plumbing inspector may reasonably require. A separate and independent building waterline shall be pro- vided for every building except where a building stands at the rear of another on an interior lot and no building waterline can be constructed to the rear building through an adjoining street, alley, courtyard, or driveway. In such case, the building waterline from the front building may be extended to the rear building and the whole con- sidered as the building water system. Other exceptions may be allowed only by special permission granted by the Plumbing Inspector or City Engineer. 2.03 Inspections. Inspections of all interior plumbing and exterior services, including connections to the munici- pal system, are required. The permit holder is respon- sible to arrange for such inspections which are performed between 8:00 a.m. and 4:00 p.m. on weekdays within 24 hours of notification. Any direct connection to or tapping of the actual main line shall be supervised by the City Utility Superintendent. Depending on the availability of the inspector, trenches may have to remain open for some period of time and in some instances overnight. In such cases the permit holder shall be responsible to enclose the opening to insure pedestrian and vehicular safety. Section 3. City Maintenance. 3.01 Water Metering. Except for extinguishment of fires, no person except authorized City personnel shall use water from the water supply system or permit water to be drawn therefrom, unless the same shall be metered by meters fur- nished and installed by the City which meters shall remain the property of the City. A meter charge equal to the cost of the meter and accessories, including administrative costs, shall be paid upon each application for permit to connect to the water supply system. 3.02 Maintenance and Repair of Meters. The City shall at its expense, maintain and repair all meters when rendered • unserviceable through ordinary usage, and shall replace meters when necessary. Provided, however, when replace- ment, repair or adjustment of any meter is made necessary by the act or neglect of the consumer, all cost incurred thereby shall be charged against the consumer, and water service may be discontinued until said cost has been paid. -2- In the event City personnel determine that a water meter or remote have been tampered with to intentionally affect the true meter reading, a fine of $50.00 shall be included on the next quarterly billing. Repeated tampering shall be grounds for shut off of the water service as procedurally detailed in Section 10 of this ordinance. 3.03 Remote Readers. Installation of remote water meter readers shall be required on all structures serviced by the 16 municipal water system. All readers installed after the approval of this ordinance shall be installed on the front side of the structure to allow for year-round accessibility. All shrubbery planted in the vicinity of the reader shall be maintained so that City personnel may read said remote without difficulty. Exceptions concerning the placement shall be allowed only as approved by the Utility Superintendent. 3.04 Access to Premises. The owner or occupant of premises served by the water supply system shall give the Utility Department personnel access to the premises at reasonable times for the purpose of making inspections in connection with the enforcement of this ordinance. 3.05 Service Lines. It shall be the responsibility of the City to maintain the service line from the watermain to, but not including, the curb box but in no case beyond the prop- erty line. In case of failure on the part of any consumer or owner to repair any leak occurring in the service line from the curb box to the structure being served within 24 hours after oral or written notice has been given such individual, the water shall be shut off until the line is repaired. Also, the owner shall be responsible for insuring that the curb box is straight and keyable at all times so that sections of the City system do not have to shut down for private system repairs. Final plumbing inspection shall include verification that the curb box is operational. Section 4. Sprinkling. 4.01 Restricted Hours for Sprinkling. Whenever the City 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 City water supply system for lawn and garden sprinkling, irriga- tion, car washing, or other uses specified therein. Any water customer who shall cause or permit water to be used in violation of the provisions of said resolution shall be charged $50.00 for each day of such violation, which charge shall be added to his next water bill; continued violation shall be cause for discontinuance of water service. Section 5 Water Line Specifications. 5.01 Connection Specifications. Watermains, valves, hydrants, service connections and interior plumbing shall -3- be installed as specified by the current edition of the State Plumbing Code. Section 6 Rates and Charges for Municipal Water Service. 6.01 Establishment of Rate. Quarterly water usage rates shall be set on an annual basis by resolution of the City Council. 6.02 Billing. The Clerk shall prepare and mail to the consumer a statement for water service furnished each consumer premise during the preceding quarter. All statements shall specify the water consumed and the charges therefore. 6.03 Payment and Late Charges. The City Clerk shall com- pute the amount due to the City for water charges and render a quarterly statement thereof. All amounts due as shown on the statement shall be payable at the Municipal Building or on or before the 20th day of the month in which the statement is presented. A penalty of 10% shall be added to all accounts that are not paid in full by said due date. This 10% penalty shall be computed on the unpaid balance not paid by the appropriate due date at the time each quarterly statement is prepared and presented. The City reserves the right to shut off water service if the account is delinquent for an unreasonable length of time as determined by the City Manager. Procedures for such a shutoff are detailed in Section 10 of this ordi- nance. 6.04 Assessment of Delinquent Accounts. In the event any water service charge is not paid within 3 months after the time it is rendered, the City Council may recover said amount in an action brought in any court of competent jurisdiction, or in the alternative, may certify the amount due together with penalties to the County Auditor to be collected with other real estate taxes levied against the premises served. 6.05 Final Bill. When termination of water service is requested by a consumer, the City Clerk shall direct the Water Superintendent to turn off the service to the premises involved. The meter shall be read at that time and a final bill rendered to the consumer. Water service shall not be restored to the premises except upon the payment of all prior service charges. 6.06 Estimated Bill. In the event a meter is found to have stopped, or to be operating in a faulty manner, the amount of water used by the consumer shall be estimated, which estimate shall be based on prior consumption. -4- Section 7. Connection Charges. 7.01 Certification by City Clerk. No permit shall be issued to tap or connect with any watermain of the City either directly or indirectly from any lot or tract of land unless the City Clerk shall have certified: 1) That said lot or tract of land, or portion of said • lot or tract, to be served by such connection to tap has been assessed for the cost of construc- tion of the watermain with which the connection is made, or 2) If no assessment has been levied for said construction cost, that proceedings for levying such assessment have been or will be commenced in due course, or 3) If no assessment has been levied, and no assessment proceedings will be completed in due course, that a sum equal to the portion of cost of constructing said watermain has been paid to the City pursuant to Section 7.02 below. Section 8. Hook -Up Charges. 8.01 In addition to the connection charges setforth herein, a hook-up charge, unless assessed as a part of -5- 7.02 Payment of Connection Fee. Unless covered by Subsections 1 or 2 of 7.01 above, the applicant shall pay a connection fee equal to the proportionate cost of construction of the main. Said cost is to be determined by the City Engineer using the same formula as was used for assessments previously levied against other property for the main and shall include equivalency charges as required to arrive at the present day worth of the water service. This equivalency charge shall be equal to simple interest calculated from the project assessment date to the service connection date at the rate of interest at which the bonds sold to finance the project were issued minus a depre- ciation factor of 3% per year. If no such assessment has been levied, the cost shall be determined by the City Council, and in determining said cost the Council shall take into consideration the front footage, shape and area of the benefitted lot or tract of land. Upon written request of the owner of the benefitted prop- erty showing good cause, the City Council may provide that the connection charge be specially assessed as a lien against the benefitted property payable in semi-annual installments for a term of eight (8) years at an interest rate equal to that at which the project bonds were sold. Unless deferred payment is so authorized, all connection charges shall be payable in full prior to the issuance of a building permit 41 for new construction of said benefitted property. Section 8. Hook -Up Charges. 8.01 In addition to the connection charges setforth herein, a hook-up charge, unless assessed as a part of -5- public improvement project, shall be levied against each lot or tract of land, or portion thereof served by the system, for usage of the wells, pumping stations, water storage facilities, and equipment of the City water system. The amount of this charge shall be set by the City Council and may periodically be revised to reflect construction cost changes evidenced by the Engineering News - Record Construction Cost Index. is The number of unit hook-up charges to be levied against each benefitted lot or tract of land, portion thereof, shall be established using the following criteria: a. Single-family houses, townhouses, condominiums and duplex units shall each comprise one unit; b. Apartments shall each comprise eighty percent (80%) of a unit; c. Mobile homes shall each comprise one hundred percent (100%) of a unit; d. Other buildings and structures shall be assigned one unit for each two hundred seventy four (274) gallons of water usage and sewage flow which it is estimated they will discharge, and commercial and industrial building units shall be assigned a minimum of one unit. The number of unit hook-up charges to be levied against said premises may thereafter be revised by resolution of the City Council to more accurately establish the benefit conferred upon said premises, and the Council in making said redetermination may take into account the actual quan- tity of water consumed on said premises. Upon written request of the owner of the benefitted premises showing good cause, the City Council may provide that the hook-up charge be specially assessed against the benefitted property payable in semi-annual installments for such period and on such terms as the Council may determine. Unless deferred payment is so authorized, all hook-up charges shall be payable in full prior to the issuance of a building permit for new construction on said property. Section 9. Penalties. 9.01 Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a mis- demeanor, and upon conviction thereof shall be fined in an 4k amount not to exceed $500.00 or imprisoned for a period not to exceed 90 days. Each 30 day period a violation is allowed to continue shall constitute a separate offense. mc CJ L Section 10. Service Shut -Off. 10.01. Procedure for Shutoff of Service. Water shall not be shut off for a violation of any provision of this ordi- nance or for non-payment of a water bill until notice of an opportunity for a hearing have first been given the occupant of the premises involved. The notice shall state that if payment is not made before a day stated in the notice but not less than thirty (30) 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 the City Council at their next regular meeting, but not to exceed three weeks after the date on which the request is made. If as a result of the hearing, the City Council 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, the City may shut off the supply. Section 11. Repeal. 11.01 Ordinance No. 6, adopted on August 31, 1967; Ordinance No. 6-A adopted on May 19, 1969; Ordinance No. 6-B adopted on July 12, 1971; Ordinance No. 6-C adopted August 1, 1977; Ordinance No. 6-E adopted on March 7, 1983; and Ordinance No. 6, adopted on May 21, 1984 are hereby repealed. Section 12. Effective Date. This ordinance shall become effective immediately upon its passage and publication. Passed and adopted by the Chanhassen City Council this 11th day of March , 1985. ATTEST: Don Ashworth, City-Clerk/Manager YTh6mas L. Hamilton, Mayor (Publish in the Carver County Herald on March 20 , 1985) (Summary Ordinance) -7- b CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 6 AN ORDINANCE REGULATING CONNECTION TO THE CITY WATER SUPPLY SYSTEM AND ESTABLISHING RATES AND CHARGES THEREFORE On March 4, 1985 the Chanhassen City Council adopted a revised Water System Connection Ordinance. This ordinance represents a codification of many existing ordinances and this summary is being published in lieu of publication of the entire ordinance. A printed copy of the ordinance is avail -able for inspection by any person during regular office hours at the office of the city clerk at the Chanhassen City Hall, 690 Coulter Drive, Chanhassen, Minnesota. The ordinance details the connection and permit requirements relating to the City's water supply system. Fees for service as well as a description of applicable connection and hook-up charges are also outlined. The revised section deals with the formula used for calculation of connection charges. The penalty section of the ordinance provides that violations are a misdemeanor and subject to a $500 penalty or 90 days in jail. The ordinance is in full force commencing on the date of the publication of this summary. Don Ashworth City Manager (Publish in the Carver County Herald on March 20 , 1985). 0 Official Publication CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 6 AN ORDINANCE REGULATING CONNECTION TO THE CITY WATER SUPPLY SYSTEM AND ESTABLISHING RATES AND CHARGES THEREFORE On March 4, 1985 the Chanhassen City Council adopted a revised Water System Connection Or- dinance. This ordinance represents a codification of many existing ordinances and this summary is being published in lieu of publication of the entire or- dinance. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk at the Chanhassen City Hall, 690 Coulter Drive, Chanhassen, Minnesota. The ordinance details the connection and permit requirements relating to the City's water supply system. Fees for service as well as a description of applicable connection and hook-up charges are also outlined. The revised section deals with the formula used for calculation of connection charges. The penalty section of the ordinance provides that violations are a misdemeanor and subject to a $500 penalty or 90 days in jail. The ordinance is in full force commencing on the date of the publication of this summary. Don Ashworth City Manager Pub. Carver County Herald March 20,1985) ( 778 ) Affidavit of Publication Carver County Herald State of Minnesota ) )SS. County of Carver ) STAN T\'.OLFSRUD , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Carver County Herald, and has full knowledge of the facts her,:in stated as follows: (A) The newspaper has coraplied with all of the requirements constituting qualification as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The printed Ordinance ';o . hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published once each week, for _1 _ suc- cessive weeks; that it was first so published on We the 20 day oil! r ,19 8 5 and was thereafter printed and published on every __ _ _ _— to and including the — day of ,198__ a at he following is a printed copy of the lowercase alphabet from A to Z, both inclusive, and is hereby acknowledge a the size and kind of type used in the composition and publication of said notice, to wit: abedefghijklmnopgrstuvwxyz By._— Subscribed and sworn to before me on this_ 20 day of March , 198__5 . Notary Public Title: -- – – - - - PHYLLIS A. KRAMER NOTARY PUBLIC ,)I } , ; � , ' SCOTT5'0 `N' , My Commission 1= V RATE INFORMATION Lowest classified rate paid by commercial users for comparable space. $6.00 per column inch Maximum rate allowed by law for the above matter.... • • • • • • ' ......... $4.49 per column inch er column inch Rate actually chargE:d for the above matter ................... P