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2004-929 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2004-929 AN ORDINANCE AMENDING CITY CODE SECTIONS 710, WATER SYSTEM AND 715, SEWER AND WATER RATES The City Council of the City of Hopkins does hereby ordain: Section 1. Hopkins City Code Section 710 - Water System - Section 710.17, is hereby amended to read as follows: Subd. 7. Meters. All meters shall be an approved brand that is compatible with the city's meter reading system and must measure by gallon units. A City permit from the Public Works Department is required prior to the replacement of any commercial meter or any meter larger than one inch. All meters must be equipped with a transponder(s) approved by the City. All meters that are two (2) inches or larger shall have a transponder for each register, one for high flow and one for low flow. The approval of meters shall be made by the City Manager or his/her designee. No turbine meters shall be installed, unless it has been approved by the Utility Superintendent or an approved designee. The owner shall pay for the meter & transponder larger than 1" in diameter in advance. The owner shall ensure that the meter and transponder are readily accessible to city staff, with a twelve (12) inch clear radius around the meter and transponder. Subd. 8. Moving Transponder Unit. The transponder unit shall not be moved or removed from the property without proper authorization from the City Manager or his/her designee, If the transponder or wires connecting to the meter have been moved or removed without authorization, the property owner will be charged for the cost of relocation and/or replacement of the unit. Section 2. Hopkins City Code Section 710- Water System - Section 710.29 and 710.30 are hereby amended to read as follows: 710.29. Meter Tampering. Except for extinguishing fires, no person except authorized city employees may use water from the water system of the city or permit water to be drawn therefrom, unless the water is metered by passing through a meter supplied or approved by the city, or unless the water is paid for on a flat rate basis when using a hydrant. No person may connect, disconnect, take apart, or in any manner change, or cause to change, or interfere with a meter or the action thereof unless authorized by the Water Superintendent or his/her designee. Violation of this section shall subject the property owner to a fee of $50.00. Violation may also result in the discontinuance of water service either by shutting off the water at the stop box or by severing the service at the water main if the stop box is inoperable. Should the water service be e discontinued, reestablishment may not be made until: (1 ) (2) All charges for discontinuance of the water service are paid, including the fee for interfering with a meter, if applicable; All charges for reinstitution of water service are paid. New 710.30. Meter Responsibility & Testing. The city will maintain and repair or replace all residential meters up to and including one (1) inch when rendered unserviceable through ordinary wear and tear. When replacement, repair or adjustment of a meter is rendered necessary by the act, neglect or carelessness of the owner or occupant of a premises, the expense caused the city thereby will be charged against and collected from the owner or occupant of the premises by a statement of charge itemizing the repairs. The property may be tagged and appropriately charged, and the water service may be disconnected until the cause is corrected and the charge collected. All residential meters up to and including one (1) inch are the property of the city, and may be replaced or changed by the Water Superintendent when necessary. Repair and maintenance of all meters over one (1) inch shall be the responsibility of the property owner. Maintenance of meters over one (1) inch shall include: certification testing once every ten years or when deemed necessary by the city's utility billing department, necessary meter repairs to correct deficiencies, meter replacement when deemed necessary by the City Public Works Department or Finance Department to ensure water metering accuracy or to maintain compatibility with a city meter reading program and technology and submittal of test results to the city's billing department demonstrating meter is accurate. Failure to allow the city access to the water meter for inspection or repair purposes, or failure to test and repair all meters after 30 days written notice from the city shall be considered an act of negligence and shall be subject to a fine of $100 per month including the 30 day notice period. A person violating this subsection is guilty of a misdemeanor and the superintendent may disconnect the water supply to such meter. Section 3. Hopkins City Code Section 715 - Sewer and Water Rates - Section 715.03 and 715.07, Subd. 1 are hereby amended to read as follows: 715.03. Water rates. Subd. 1. Metered Usage. The water rates per 1,000 gallons of metered water usage shall be established by City Council resolution. The number of gallons of city water furnished from time to time shall be determined by water meter readings, and if any such water is used on premises without a proper water meter or if the meter is out of order, the amount of water used at such interval shall be determined by averaging previous water bills for that location with the same or similar use, or by the average amount of water consumed at other premises during a similar interval with a similar use or business. Meters may be read by officials of the water department every month. 715.07. Sanitary sewer; charges and rates. Subd. 1. Residential. The sanitary sewer rates, for residential customers shall be established by council resolution for each 1,000 gallons of metered water usage; provided that a daily water usage be established based on the consumption in the month ending in January. February, or March. In cases of new construction, additions, or vacated properties, the average water consumption is to be determined by the first 30 day period following its completion or occupancy until the next ensuing month ending in-January. Whenever such average water consumption of any such single family dwellings during the month ending in January, is shown to be unfairly disproportionate because of the customer's methods or lack of operation or any other reason, then and in that event the water superintendent shall establish an average daily water consumption for the use of fair and suitable methods. The determination of the superintendent is final. Properties that have separate water meters for domestic and sprinkling purposes shall not have a daily average of usage set. Section 4. The effective date of this ordinance shall be the date of publication. First Reading: July 20, 2004 Second Reading: September 7, 2004 Date of Publication: September 16, 2004 BY~~~~ Eugene J. Maxwell APPROVED AS TO FORM ~ALlT') orney Signature 5<(// n loot( ( Date'