HomeMy WebLinkAboutOrdinance No. 129 Municipal Water SystemOrdinance No. 129 Municipal Water System Page 1 of 9
ORDINANCE NO. 129
MUNICIPAL WATER SYSTEMS
The City Council of the City of Gem Lake Ordains:
Section 1. Definitions. The following words and terms, whenever they occur in this Ordinance, are
defined as follows:
1. Assessment. A charge made to affected property owners for improvements that increases or
maintains their property’s value or enhances the health and safety of their neighborhood.
2. Connection. The physical connection between the water piping in a residence or building and
the municipal water system.
3. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the
municipal water system.
4. Extension. An addition to the municipal water system determined to be added by petition,
decree, or for health and safety reasons.
5. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new
connection to the municipal water system.
6. MCES. Metropolitan Council Environmental Services, the primary operator of the regional
sewer system and its successors and assigns.
7. Municipal Water System. The water system of the city of Gem Lake. Also referred to within
this ordinance as “municipal water system.”
8. Water Availability Charge (WAC). A charge levied to each new user of the municipal water
system to help pay for continued maintenance of the system.
9. Unit. A method for calculating the costs for use of the system.
Section 2. Municipal Water. The City’s municipal water system consists of water main, meter vaults,
service piping, and appurtenances located within the public right-of-way and applicable easements.
The municipal water system shall be operated as a public utility from which revenue shall be derived,
subject to the provisions of this chapter.
1. Compliance with Regulations. No person, firm, or corporation shall connect any water service
to the municipal water system or make use of the system except in the manner provided in this
chapter. All connections to or extensions of the systems shall be in accordance with relevant
portions of the Minnesota Building Code, Minnesota Plumbing Code, and City of Gem Lake
Standard Details for utility construction.
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2. Water Fund. The City 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
City separate and apart from all other funds until the purposes for its creation have been
accomplished.
Section 3. Connections with Water Required.
1. Existing Structures. Any buildings presently used or capable of being used for human habitation
or in which a toilet or other plumbing facilities for disposal of human waste is installed and
located on property adjacent to a water main, or in the platted block through which the system
extends, shall be connected to the municipal water system within ten years from the date on
which a connection is available to such building. Where the property owner has failed to
connect to the system within ten years the following procedures shall be followed:
1. The property owner shall be notified that it is the intent of the City to connect the
property to the water system and assess the cost of connection against the property
owner. The notice shall be mailed by registered mail to the property address.
2. The cost of the improvement shall include all costs incurred by the City in order to
connect the property to the main water line and shall include City permit and
connection charges which must be submitted to the Metropolitan Council
Environmental Services, if connected to the municipal wastewater system.
2. New Structures. All buildings hereafter constructed within the City on property adjacent to a
water line or in a platted block through which the municipal water system extends, shall be
provided with a connection to the water system before occupancy of the building shall be
allowed, or a certificate of occupancy issued.
Section 4. Municipal Water System Charges. A portion of the cost of constructing and maintaining the
water system shall be recovered by the imposition of special assessments pursuant to Minnesota
Statutes Chapter 429, trunk water facilities charges, and connection charges.
1. Trunk Water Facility Charges. The trunk water facility charge shall be collected when the
property is platted, subdivided, or otherwise developed. These charges are required to be paid
to the City prior to the City accepting the lateral water mains, pipes, and appurtenances
constructed by the property owner. The charge is calculated as a lump sum amount determined
by multiplying a front foot charge (as established by the City’s Fee Schedule and adopted by
ordinance) times the lineal feet of all streets within or abutting the plat, subdivision or
development and shall be computed by the City Engineer and paid by the property owner to the
City prior to the issuance of any building permit.
2. Connection Charge. A connection charge, as established by the City’s Fee Schedule and adopted
by ordinance, shall be collected when housing units are connected to the municipal water
system. In addition, before a connection permit will be issued, the City shall determine that one
of the following conditions exist:
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1. The lot or tract of land to be served by such connection or tap has been specially
assessed for the cost of constructing the water main and trunk water systems with
which the connection is made; or
2. If no special assessment has been levied for such construction cost, the proceedings for
levying special assessments have been or will be commenced and completed in due
course; or
3. If no special assessment has been levied, and no special assessment proceedings will be
completed in due course, a sum equal to the portion of the cost of constructing the
water main and trunk water system, which would be assessable against said lot or tract,
has been paid to the City; or
4. If none of the above conditions are met, the applicant shall pay an additional connection
fee which shall be equal to the portion of the cost of constructing the water main and
trunk water system which would be assessable against said lot or tract serviced by the
connection. Said assessable cost is to be determined by the City Engineer upon the same
basis as any assessment previously levied against other property for the water main and
trunk water system. If no special assessment has been levied, the assessable cost will be
determined upon the basis of the uniform charge which may have been or which shall
be charged for similar tapping or connection with said main and trunk system,
determined on the basis of the total assessable cost of the water main and trunk water
system, allocated on a frontage basis, plus the cost of service or services.
5. In the event that the City of Gem Lake is serving a property in an adjacent city or
jurisdiction, the connection charge applied by Gem Lake will be in addition to any
connection charge required by the city in which the property is located.
Section 5. Municipal Water Connection Permits. A permit must be obtained to connect to the water
system. The connection permit fee, as established by the City’s Fee Schedule and adopted by ordinance,
shall be submitted at the time of permit application. All permits for service installations shall be made by
the owner of the property, or their duly authorized agent, and shall state the size and location of the
service connection and all other information as required. The applicant shall pay to the City prior to the
issuance of the permit, the total amount of fees or deposit required for the installation of the service
connection as herein provided. City inspections are required for all connections to, and extensions of,
the municipal water system.
Section 6. Statements for Water Use Charges.
1. Charges. The City Clerk shall compute the amount due to the City for water charges and render
a statement thereof quarterly. All amounts due as shown on the statement shall be payable at
the City Hall within 35 days following the date the statement is presented. Where service is for
less than a quarterly period, the quarterly charge shall be pro-rated on a monthly basis. If a
water meter is found to have been 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.
1. Penalties for Delinquent Payments. A penalty of ten (10%) percent shall be added to all
accounts that are not paid in full by said due date. This penalty shall be computed on
the unpaid balance of the last billing not paid by the appropriate date at the time each
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quarterly statement is prepared and presented. The City reserves the right to shut off
water service, given the City provides the property owner with a 30-day notice, if the
account is delinquent for an unreasonable length of time as determined by the City
Council. A water shut off/turn on fee will be incurred for shut off due to delinquent
payment. The property owner may request a hearing to appeal the disconnection or
request a payment plan. Minnesota State Statute provides regulations on when water
shut offs are permitted and prohibited. The City of Gem Lake abides by Minnesota State
Statutes 216B as amended from time to time.
2. Collection of Delinquent Accounts. Each charge levied by and pursuant to this chapter is hereby
made a lien upon the corresponding lot, land, or premises served by a connection to the water
system, and all such charges which are on July Thirty-First (3lst) of each year more than thirty
(30) days past due and having been properly billed to the occupant of the premises served, shall
be certified by the City Clerk to the Auditor of Ramsey County before the tenth (10th) day of
October of each year. An administrative fee of fifty ($50.00) dollars shall be added to the
delinquent amount. The City Clerk in so certifying such charges to the County Auditor shall
specify the amount thereof, the descriptions of the premises served and the name of the owner
thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such
premises in the same manner as other taxes, collected by the County Treasurer and paid to the
City Clerk, along with other taxes.
Section 7. Service Charges Relating to Municipal Water Utility. When actions or activities of water
customers require coordination with or a call out of City utility personnel (e.g., turning water supply
on/off at curb stops), a water service charge shall be assessed to the utility account. When the call out
occurs outside of normal business hours, it will be deemed an emergency call out. The service charges
for regular and emergency call outs will be established by the City’s Fee Schedule and adopted by
ordinance.
Section 8. Discontinuance of Water Service.
1. Conditions. The City reserves the right to discontinue service to any consumer of the municipal
water system whenever:
1. The owner or occupant of the premises served, or any persons working on any pipes or
equipment thereon which are connected with the water system, has violated or
threatens to violate or causes to be violated, the requirements of this chapter.
2. In the judgment of the City or its designee, such action is necessary to protect the purity
of the municipal water supply or the safety of the water system and/or life, health, or
safety of its consumers.
3. Any charge for water, service, meter, or other financial obligation imposed on the
present or former owner or occupant of the premises served is not paid.
4. The owner or occupant of the premises served has made fraudulent statements or
misrepresentations in connection with an application for service.
5. The property is unsecured and/or vacant.
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2. Procedure. Prior to shut off, the property will be posted, and the owner and/or occupant of the
property shall be mailed notice to the last address shown on the application on file with the City
and current billing statements. Said notice shall advise the owner and/or occupant of the reason
for the proposed shut off and that a hearing may be requested in writing within ten (10) days of
the date shown on the notice given to them. It shall further provide that failure to request a
hearing in writing to the City shall be deemed a waiver and that the water will be shut off upon
the expiration of the ten (10) days.
Section 9. Authorized Water Shutdowns. The City shall not be liable for any deficiency or failure in the
supply of water to consumers, whether occasioned by shutting the water off for the purpose of making
repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, water may be
shut off to insure a supply for firefighting. When making repairs to existing infrastructure or construction
of new infrastructure, water may be shut off at any time and kept shut off as long as necessary.
Section 10. Maintenance of Service Pipe. It shall be the responsibility of the consumer or owner to
maintain the service pipe from the City watermain in the street/boulevard, to the meter inside the
house, including the curb box. In the case of failure upon the part of any consumer or owner to repair
any leak occurring in the pipe within twenty-four (24) hours after verbal or written notice by the City
thereof, the water will be shut off. When the waste of water is great, or when damage is likely to result
from the leak, water may be turned off immediately pending repairs.
Section 11. Water Service Lines. In order to eliminate a health or safety hazard from private property,
the City is authorized to install or repair water service lines from a city water main to a private dwelling
or to contract for such work. The cost of installing or repairing water service lines may be specially
assessed against the benefited property, and the city may issue obligations to defray the expense of
such work all pursuant to the provisions of Minnesota Statutes Chapter 429 and its subdivisions.
Section 12. Cross-Connection Control. Cross-connection between the water system and other systems,
private wells, or equipment containing water or other substances of unknown or questionable safety are
prohibited, except when and where, as approved by the city, suitable backflow prevention devices are
installed, tested, and maintained to ensure proper operation on a continuing basis as per the following
requirements:
1. A backflow prevention device is to be owned, tested, and maintained by the customer/owner of
the premises being served.
2. Installation, maintenance, and testing of backflow preventers shall be according to the State of
Minnesota Plumbing Code.
1. It is required that reduced pressure zone backflow preventers be tested annually and
overhauled at intervals not to exceed five years. A licensed plumber qualified in
backflow testing shall perform all internal maintenance to the device. Test results shall
be furnished to the city.
2. A person who is recognized by the Minnesota Department of Labor and Industry as a
backflow preventer tester is considered qualified by the city to test backflow preventers
and certify them to be functional.
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3. Failure to comply with the provisions of this section shall be cause to discontinue water service
as outlined under Section 8.
Section 13. Water Use Restrictions. A sprinkling ban is adopted in order to encourage water
conservation, and to ensure availability of an adequate supply of City water without incurring
unnecessary capital expenditures.
1. Water Use Restriction. Except as hereinafter provided, the watering of lawns, gardens, and
shrubs is prohibited from May 15 through September 15 annually.
1. Exceptions.
1. Properties with odd numbered postal addresses may water on odd numbered
days.
2. Properties with even numbered postal addresses may water on even numbered
days.
3. Private wells may be used on any day.
4. Watering newly sodded or seeded yards is allowed upon receipt of an
exemption permit from the Public Works Department for a period of two (2)
weeks.
5. Attended watering of plants, shrubs, and gardens may be watered by hand on
any day.
2. Enforcement. Violations of the water use restrictions will result in a warning letter for
first violations. Subsequent violations will result in the imposition of administrative fines
and the imposition of administrative fines that will be reflected on the next utility bill or
in the issuance of a citation in accordance with adopted Council ordinance.
3. City Council Resolution. During dry weather periods, the City Council may impose
additional restrictions on the use of City water by the adoption of an appropriate
resolution. Any violation of the water restriction resolution shall be referred to the City
Attorney for prosecution as a misdemeanor.
Section 14. 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 to do so
from the City, subject to the following conditions:
1. Permit. A hydrant meter permit to use a fire hydrant for the purpose of purchasing water from
the city is required. The permit shall state the applicant's name and address, phone number,
location of the work site, and type of work being conducted.
2. Deposit. The applicant shall be required to make a deposit, as determined by the City’s Fee
Schedule as adopted by ordinance, to guarantee payment for water used and to cover breakage
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and/or damage to the hydrant or meter. Charges will be deducted from the deposit, and a billing
or refund will be generated.
3. Charges. The applicant shall pay rental charges for each thirty-day period or fraction thereof,
and water use charges as determined by the City’s Fee Schedule as adopted by ordinance.
Section 15. Water Service Contractors. All water service work shall be performed by certified
contractors licensed by the appropriate State authority. This section shall not apply to homeowners
performing work on their own premises.
Section 16. Water Meters. Except for the 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.
1. Charge. At the time of the initial connection to the water system, a charge for water meters
shall be paid to the City by customers before delivery of the water meter for installation. Said
charge shall be determined by the City’s Fee Schedule as adopted by ordinance.
2. Maintenance. The City shall retain ownership of water meters and shall be responsible for
standard maintenance and repair. Costs associated with replacement, repair, or adjustment of a
meter due to any act, carelessness, or neglect of the owner or occupants of the premises shall
be charged against and collected from the water consumer. Water service may be discontinued,
as outlined under Section 7, until the cause is corrected and the amount charged is collected.
3. Testing. Upon written request, the City will re-read water meters and test the meter for
accuracy, if necessary. In case a test should show an error of over five percent of the water
consumed in favor of the city, a correctly registering meter will be installed and adjustments to
water billing statements will be considered. In case the test shows an accurate measurement of
water or an error in favor of the consumer, the expenses of making such a test, and the
additional costs, if any, will be included on the next quarterly statement. The meter testing
charges will be established by the City’s Fee Schedule as adopted by ordinance.
4. City Access. Authorized City employees shall have access at reasonable hours of the day to all
buildings and premises connected to the municipal water system for the purpose of
maintenance of water meters without charge to the water consumer. In the event the water
consumer denies authorized City employee access, the water consumer will, at their own cost,
provide for meter replacement or maintenance by a licensed plumber, and said licensed
plumber shall be required to provide documentation to City as to validity of the work
performed.
Section 17. Private Wells. The use of private wells may continue after a connection is made to the water
system, provided there is no means of cross-connection between the private well and the municipal
supply at any time. Hose bibs that will enable a cross connection of the two systems are prohibited on
internal and external piping. The threads on the boiler drain of the well volume tank shall be removed or
the boiler drain hose bib replaced with a sink faucet. When both private and municipal water systems
are in use, outside hose bibs shall not be installed on piping connected to the municipal water system.
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Section 18. Tampering with Municipal Water System is Prohibited. No person shall maliciously,
willfully, or negligently damage, destroy, uncover, deface, or tamper with any part of the municipal
water system.
Section 19. Violations and Penalties.
1. The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction
or by any other legal remedy, including the right to prohibit the use of the water system by a
person violating or operating contrary to these provisions.
2. Any person, firm, corporation or voluntary association which violates or refuses to comply with
any of the pro visions of this Ordinance shall be guilty of a misdemeanor, and upon conviction
thereof be subject to a fine of not more than One Hundred Dollars ($100.00) and cost for every
offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is
permitted to exist shall constitute a separate offense.
Section 20. Severability. It is hereby declared to be the intention of the City of Gem Lake that the
provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or
circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions
of this Ordinance or the application of said provisions to any other Person not specifically included in
said determination. To this end, the provisions of this Ordinance and the various applications thereto
are declared to be severable.
Section 21. Repeal of Outdated Ordinance. This Ordinance supersedes, replaces, and repeals all prior
Ordinances relating to the same subjects contained within this Ordinance. Any portion of such prior
Ordinances not incorporated within this Ordinance is expressly repealed.
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