CR 92-110 1st Reading Water And Sewer Ordinances
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May 14, 1992 0 p ~ Councl Report: 92-110
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FIRST READING OF WATER AND SEWER ORDINANCE CHANGES
Pro-posed Action
Staff recommends the following motions:
o "Move to approve first readinq of Ordinance 92-710. amending section
705 of the Hopkins city Code in regard to the sanitary sewer
system. "
o "Move to approve first reading of Ordinance 92-711. amendinq
Section 710 of the Hopkins city Code in reqard to the water system".
o "Move to approve first reading of Ordinance 92-712 amending section
715 of the Hopkins city Code in reqard to sewer and water rates".
Overview
The sanitary sewer ordinance is in need of changes to more clearly define
roles for installation, section 705.05. More importantly, changes are
needed to address mandates requiring abandonment of septic systems and
connection to public sewers. Staff urges Council to thoroughly read
section 705.07 regarding these issues.
Changes to the water ordinance are necessary in order to address current
standards for materials, and repair procedures. The two major changes
are to Section 710.25, private water supplies, and section 710.29, meter
responsibility. Staff urges Council to thoroughly read these sections
also.
The sewer and water rate ordinance was basically cleaned up to coincide
with current practice including section 715.21, charges for tagging
property. A new section was added to allow staff to charge a flat water
rate for hydrant usage.
Primary Issues to Consider
o What are the major changes in the ordinance?
o What potential issues will Council be faced with in adopting the
ordinances?
o What properties would be affected by mandatory connection?
o What does it cost for a water and sewer service connection?
o What does it cost to have water tested and a water meter tested?
Supportinq Information
o Analysis of Issues
o State Statute and MWCC requirements for sewer connections
o Pat Weigel, 1/28/92 memo
o Ordinances 92-710, 92-711, 92-712
I)
Public Works Director
council Report: 92-110
Page 2
Analvsis of Issues
0 What are the major changes in the ordinance?
- Sewer Ordinance
Section 705.05. Rules - Changes were made to better define how
connections can be made on the public
system and the
responsibility for connections. The remainder
of the changes
in this section deal with materials
and installation
procedures.
section 705.07. Toilets Required - This section has experienced
major revisions including a controversial mandatory connection
requirement. Subd. 2 was added
to address sewer
unavailability. Subd. 5 was added to coincide with state and
MWCC requirements of connecting properties
with existing
private sewage systems to the public
sewers within 24 months
after availability.
- Water Ordinance
Section 710.19. Work: Materials: Standards - Changes were made
to coincide with current material requirements and repair
and
installation techniques.
section 710.25. Private Water Sup~lies - Requires annual water
tests be performed in order to certify that private wells are
safe for domestic proposes. Connections to the public
water
supply is mandatory if test prove
water is not potable, and
public mains are accessible. Council
may wish to consider
requiring mandatory connections to the public water system for
all existing well users.
section 710.27. Frozen services - Prohibits use of welders for
thawing out services.
section 710.29. Meter Responsibilities
- This section
stipulates that the city will maintain
and repair all 5/8"
meters except if owner negligence damages the meter.
In this
case the owner will be billed for the repairs.
Repair and maintenance of meters
over 5/8" is the
responsibility of the property owner. Owner will
be required
to test their meters every ten year and be subject to penalties
if they fail to do so.
section 710.33. Special Connections -
Addresses requirements
for sprinkler systems.
sections 710.37. 710.39. and 710.41
- These three sections
stipulate the city does not guarantee supply or pressure.
Council Report: 92-110
Page 3
- Sewer and Water Rate Ordinance
- Entire ordinance was cleaned up to coincide with current
practices. section 715.21 was changed to clearly define
procedures for tagging property.
o What potential issues will Council be faced with in adopting the
ordinances?
section 705.07 Toilets Required - This change will probably result
in the most controversy. This section will require four properties
to connect to the public sewer by October 1, 1994. state statute
and MWCC waste discharge rules require abandonment of septic
systems, and connection to a public sewer.
section 710.25 Private water supplies - This section will require 19
property owners to submit yearly tests certifying that their well
water is safe for drinking. Failure of the test, or failure to
submit the certification will require these properties to connect to
the public water supply. This section will become controversial
whenever a property will be required to connect to the public
system.
section 710.29 Meter Responsibili tv - This section requires all
meters over 5/8" to be tested for accuracy once every ten years or
when the utility department determines that there is cause for
testing. Controversy will arise when notices are sent out requiring
testing and when the city applies the fine of $100 per month for
failure to do so. staff is intending to begin the testing process
and require all of these meters to be tested by June 1, 1993.
o What properties would be affected by mandatory connection?
WATER CONNECTIONS
101 Holly Road
100 Hawthorne Road
10 Meadowbrook Road
517 Hiawatha
505 Hiawatha
435 Hiawatha
434 Hiawatha
426 Hiawatha
311 - 21st Ave North
15 - 20th Ave North
1711 First st. North * sewer also
425 Madison Ave North * sewer also
320 - 5th Ave North
7 Mill Road
8 Mill Road
9 Mill Road
4 Fletcher Place
7 East st. Albans
218 Tyler Ave North
Council Report: 92-110
Page 4
SEWER CONNECTIONS
511 Hiawatha
1711 First st. North * water also
12 Manitoba Road
425 Madison Ave North * water also
0 What does it cost for a water and sewer service connection?
Water Connection: $1,500-$1,900
Sewer Connection: $2,400-$2,600
0 What does it cost to have water tested and a water meter tested?
Water Test: $25-$40
On-site water meter test: approximately $110 travel and test time
(meter owner would have additional costs if repairs are necessary)
Off-site water meter test: $25 for 1" meter
$35 for 2"
$75 for 3" - 6"
(meter owner would have additional costs if repairs are necessary)
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9835 METROPOLITAN GOVERNMENT 473.5155 ., '.; '11;
"- ':::1
ing sewers or other disposal facilities involving such features, shall be undertaken by
any local government unit unless its governing body shall first find the same to be in
accordance with its comprehensive plan and program as approved by the commission.
At the time each local government unit makes application to the Minnesota pollution
control agency for a permit to alter or improve its disposal system it shall file with the
commission a copy of the application together with design data and a location map
of the project.
History: 1975 c 13 s 81
473.515 SEW AGE COLLECTION AND DISPOSAI..; POWERS. I
I
Subdivision I. Identification of powers. In addition to all other powers conferred ;
i
upon or delegated to the commission hereunder, it shall have the powers specified in
this section.
Subd. 2. Right to discharge treated sewage. The commission shall have the right
to discharge the effluent from any treatment works operated by it into any waters of
the state in accordance with any effluent or water quality standards lawfully adopted I
by the pollution control agency.
:I
n waste.:, Subd. 3. Connections with metropolitan system. The commission may require any
1ge pur. person or local government unit in the metropolitan area to provide for the discharge i
he Min., . of its sewage, directly or indirectly, llltO the metropolitan disposal system, or to con- ~
: .~, neet any disposal system or part thereof wi th the metropolitan disposal system wher-
June:!',
:d tQ'be:- ever reasonable opportunity therefor is provided; may regulate the manner in which
iUbdiVl.""t-- such connections are made; may require any person or local government unit discharg-
.~;~;;~ ing sewage into the metropolitan disposal system to provide preliminary treatment
...,. " therefor; may prohibit the discharge into the metropolitan disposal system of any sub-
an-'"
-, stance which it determines will or may be harmful to the system or any persons operat-
~:n may:~'
d bv the .: ing it; and may require any local government unit to discontinue the acquisition,
. " . ..~.. -.;. betterment, or operation of any facility for its disposal system wherever and so far as
(C1USlan":'~
:apacii{:',. adequate service is or will be provided by the metropolitan disposal system.
.nnesota-,- History: 1975 c 13 s 82
, '
di vision: 473.5155 ENFORCEMENT OF PRETREATMENT STANDARDS AND
1 refund: REQUIREMENTS. i
.-.. . Subdivision 1. Rernerlies available. (a) For purposes of this section, "violation"
suant to
tber pluS ~: . means any discharge or action by a person that violates sections 473.501 to 473.549
the date'~!;\, _ or rules, standards,.variances, limitations, orders, stipulations, agreements, schedules ,
hich the~ of compliance, or permits that are issued or adopted by the commission under sections !
n for the; ... 473.501 to 473.549.
2 subdi... -- (b) Each violation may be enforced by anyone or a combination of the following:
t~d. . ';.~t1.. . criminal prosecution, civil action, or other appropriate action in accordance with sec-
...,.....:...... tions 473.50 I to 473.549.
Subd. 2. Criminal penalties; duties. (a) Any person who commits a violation
under subdivision 1 may be sentenced to imprisonment for not more than 90 days or
Juncil as " to payment of a fine of not more than $1,000, or both.
IY exten:'~ (b) County attorneys, sheriffs and other peace officers, and other officers autho-
ovemen(~ rized to enforce crimina11aws shall take all action necessary to prosecute and punish
ar policy. . violations. .
: govern-" c . Subd. 3. Civil penalties. A violation is subject to a penalty payable to the state,
the same / . 1~ an amount to be determined by the court, of not more than $1,000 per day of viola-
he waste .,.. ~lon. The civil penalty may be recovered by a civil action brought by the commission
.iOn.,
. the:: In the name of the state.
I din. History: /990 C 469 s 2
w sewdS.
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ARTICLE III - SPECIAL PROGRAMS AND REQUIREMENTS
..,.. .. . ..
," 301.00 CONNECTIONS TO THE METROPOLITAN DISPOSAL SYSTEM. ~
.
. An erson or local overnment unit in the metro olitan area ma
,-
4. be reauired to rovide for the di schar e of its waste. di rectl or
s. indirectl . into the MOS. or to connect an disposal s art 'of it -
6. ,with the MOS wherever reasonable oooortunity is provided. The Chief
7. Administrator may reauire discharge flow measuring fo~.cannections to
. ~
8. the MOS using appropriate methods.
Within 24 months after a publiC sewer connected to the MOS become~
available to a orooert served bv a orivate sewaae disposal s stem or
treatment wor~s. a connection shall be made to the public sewer in
accordance with these rules. The private disoosal facilities Sh~
abandoned in a safe and suitable manner. .
14. The Chief Administrator may' exemot industrial users discharging via
15. an NPOES/SDS permit from the reouirements of this oaraaraoh.
16. The followino conditions apolv to new connections to the Metropolitan
.
17. Disposal System.
.
18. A. no connection shall be made without orior issuance of a
19. connection oermit for the connection and. if reauired. the
20. payment of a permit fee. connection charge. or both:
2~. h whenever any person or local aovernment unit desires to connect.
22. an apolication for the connection shall be submitted to the
23. Chief Administrator. All aoolications for connection permits
24. shall be made by an acorocriate reoresentative of the local
25. government unit in which the connection is to be located;
26. ~ an apolication shall include plans. soecifications and
27. connection details showing the location, dimensions, depths,
28. and grades of anv sewer or sewer system to be connected.
29. -29-
30.
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H E H 0 R A
N D U M
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Date: January 28. 1992
Lee Gustafson~ Pub 1 i c
Director
--
To: Works
. -
From: Pat Weigel. Ut i 1 i ty 8 ill i ng
Re: Accuracy testing on private meters
******************-************-*******-******.****************.********.~
I understand that you have been
working on implementing some changes
in
the City Code - Water. Please look
over the Fo 1 low i nq inFormation
and
let me know iF it would be
Feasible to include this in
the revised code.
* Require testing of 1 " and larger
meters by an approved meter
company
every 5 years.
* Require repair or replacement
of faulty meters within a set
period
of time.
Each month I "flag" meters that
have stopped and also those
that have
registered low consumptions. We then
veriFy the readings. decide
if we
should wait until the next b ill i ng
period to see i-f the usage
is sti t 1
dec I in i ng or estimate the usage on the
current b i I I i nq . We have
several
meters that have stopped and are
being estimated. several
meters that have
dec I i n i ng consumptions. and some that
have read the same
since before r
started in 1988.
At a recent seminar given by
Davies Water Equipment. the speaker
stated
that generally 401. of a Citys' revenue
is generated from commercial
accour
The City is losing revenue because we are
not receiving and bi 11 i ng
for
actual usages. This eFFects both
the water and sewer
revenue; the sewer
base may be set at a lower consumption
due to a faulty meter or
an estimar::
usage.
Requiring water meters to be tested
w ill. not only benefit the
City. but
wi 1 I also ensure that the customer
is receiving an accurate b ill i ng .
IF you have any questions or comments. please
feel Free to contact
me.
pstJP
~ Hennel;dn C untv ~ Minnesota
Ordinance no. 92-710
AN ORDINANCE AMENDING SECTION 705
OF THE HOPKINS CITY CODE
IN REGARD TO THE SANITARY SEWER. 'SYSTEM
BE IT ORDAINED by the Council of the city of Hopkins as follows:
Section 1. That section 705 through 705.13 be repealed in its
entirety and replaced by the following:
Section 705 - Sanitary sewer system
705.01. Tap: license required. No person may tap or make any
perforation or opening of any kind in a sanitary sewer pipe, or
make connection to a sanitary sewer main or building sewer in the
city, without first having obtained the licenses and permits and
paid the fees required by this code.
705.03. Sewer connection. Subdivision 1. Permit. No public
sewer ~l'l--any--~~ft-e--of-""""'ay shall be tapped or connection made
thereto from any lot, piece or parcel of land without first
securing a written permit to do so from the building official
upon proper written application therefore and paying the required
fees.
Subd. 2. Ap-plication for permit. Applications shall be
made upon forms to be provided therefor by the city and require
the following information:
(a) exact legal description of premises for which
sewer connection is applied, including plat and parcel
number;
(b) address of premises;
(c) name and address of plumber or other contractor;
(d) name and address of owner of premises;
(e) date of opening and installation of connection;
(f) general description of type and method of
connection to be used or made; and
(g) such other pertinent information as the building
official may require.
Ordinance No. 92-710
paae of 2
Subd. 3. Pee~~ Charaes.
The following ~ee~-~ charges
shall accompany the application:
(a) the ree~ charges
are set by council resolution
-
el'la!,~el!'-*;
(b) if, for the parcel described in such application,
the city has not been
reimbursed or otherwise secured for
said parcel's proportionate beneficial.snare of the special
benefit and total cost of the construction and installation
of the public sewers within the project district or area in
or from which the parcel is
to be served, the applicant
shall pay an additional
sum equal to that proportionate
share of such special benefit and
cost which said parcel
bears to such entire area
or district and which was
specially assessed or charged for said
public improvement,
plus interest on said sum at the rate
of seven percent per
annum from the date or dates of the original construction or
installation of such public improvements to the date of the
issuance of the connection permits.
Subd. 4. Sewer Connections.
Connections with a public
sewer or drain may :be made only
by licensed plumbers or
authorized city employees.
Subd. 5. olr. S1;)ecial fund. Sums
received under subdivision
3 shall be deposited or paid into
a special assessment fund or
account and may be credited to the special assessments which may
have been previously levied for .sewer improvements involving the
premises for which such special
connection fee has
been
collected.
705.05. Rules. Subdivision 1.
Connections. connections with
the main sanitary sewer must be made to the "Y" or "T" branch, or
to the ho~se connection already installed
by the city. In
the
event a "Y" or "T" branch
is not available opposite the
particular lot, permission may be granted to
tap the main sewer
pipe. New connections made must be made within the middle third
of the interior height of the sewer to which connection is made.
A ea~:e ductile iron or e3:ay PVC
inserting "T" or "Y" saddle
of
approved pattern must be inserted in
such tapped hole and
the
joints thoroughly cemented. Under
no circumstances shall the
service pipe extend beyond the outer wall of
the main sanitary
sewer when inserted into the connection.
Subd. 2. compliance. No connections
may be made with the
sewer system without a pend t .
The resident or owner
is
responsible for maintenance and repair of the sanitary sewer line
from the main to the clean out
in the building including
the
sewer wye and stack and all connections
attached to the sewer
main. If any portion of the sewer service which is the owner's
responsibility develops a leak or becomes defective, the city may
repair such defect and assess all repair costs against :ben fited
property. _-Bo1::M.~-&i~~-~zaem--tfl-e-.~-l'lta-i:-l'i'-~e--t-he-~i:-l:d-~
Ordinance No. 92-710
Paqe of 3
~fta3:3:-~-y--w-~-~fte _~-s-i-cftS-~r--~fte-~:tHnb:i:'i.l't]--eede-;--efta~~e.!!
%v,_~~~o~pera~~~~~--~fte-e~e~a~~e"-~~~~~-~he
b~~3:a~n~_~ewe~-~~-~he-~e~~eft~~b~3:~~y-e!-~fte-ewne~-e!-~fte-~~e~e~~y
~e~vea,;"
Subd. 3. Stacks. Connections at chimney stacks must. b
made with two one-eighth bends of the required diam ter,
separated by one length of straight pipe. Und~r no circumstances
will a service be connected to a stack serving another property.
Existing services connected to a combined stack must be
disconnected from the combined stack and connected to anew,
separate stack in the event the existing combined.stack requires
repairs.
Subd. 4.~. Line: qrade. Building sewers must be laid to a
true line and grade from the sewer to the building and must be
inspected before being covered. p~~e-m~~~-~~nvel~ ~~lcan
~and-~e-a-de~~h-e!-fe~~-~nefte~,;"
Subd. 5. Laving. A sewer connection may not be laid in the
same trench with water, gas or other pipe unless install d in
accordance with the state plumbing code. Sewer connections must
be laid far enough from others to. admit for the repair or removal
or relaying of anyone without disturbing the others.
Subd. 6. Materials. The only materials allowed for sew r
service connections from the main to the property line shall be
PVC Schedule 40 pipe, or ductile iron pipe (bell and spigot
pattern), and shall not be less than 4" in diameter. Vitrified
clay pipe may only be used for repair purposes in this area.
Materials used for sewer connections from the property line to
the structure must be in conformance with the state plumbing
Code.
Subd. 7. pipe beddinq. connection pipe must be enveloped
in clean sand or approved material to a thickness of not less
than one foot on all sides of the pipe. If service pipe is
placed on soil not suitable for supporting pipe and maintaining
grade, other support methods, approved by the engineer, must be
used to ensure pipe grade does not change.
Subd. 8. Check systems. Check systems must be installed on
services connected to any main directly servicing or connected to
a sanitary sewer lift station force main or otherwise conn cted
to sanitary sewer main that has experienced problems in the past.
Subd. 9. Sewer depth. Sewers must be placed not less than
seven feet below the surface. Sewers placed less than sev n f t
from the surface must be protected from freezing in a manner
approved by the Public Works Director.
Ordinance No. 92-710
Page of 4
Subd. 10. 4-. street Excavation. We~J.e--i:n--!S.e~ee~. The
street must be opened in a manner which will occasion the least
inconvenience to the public and provide for the passage of water
along the gutters. One half of the street must be in good and
safe condition at all times for the passage of vehicles or an
adequate detour provided. No tunneling will be permitted except
when exigencies require such a permit. No excavating in any
street or public place shall be left open over night, unless
thoroughly barricaded or fenced off in >accordance with the
Minnesota Manual on Uniform Traffic control Devices, and properly
lighted so as to secure public safety. In all cases when it is
necessary to leave open during the night, a trench for pipe a
sufficient number of lighted lanterns shall be placed over such
trench, from twilight until daylight, and the trench shall be
properly fenced.
Subd. 11. Refillinq oceninqs. In refilling openings th
earth must be replaced in the trench, and thoroughly tamped as
directed by the Water superintendent. The Water superint ndent
may require new trench material hauled in and existing material
hauled away if existing material is unacceptable. Disposing of
the unusable material is the responsibility of the contractor.
Subd. 12. Trench backfillinq. After the pipe is laid and
inspected the refilling must proceed at once and it must be
thoroughly tamped or puddled, or both, as so done that ther is
no surplus earth remaining. If there is a deficiency of the
earth to fill the excavation, the plumber doing the work must
supply the deficiency with clean sand or approved material. No
rock larger than four inches across or thick may be placed within
two feet of the pipe. A sidewalk, street, alley or driv way
removed in order to make such connection must be re-paved subject
to the approval of the engineer.
Subd. 13. 5. Protection for pi?es. If openings are made,
and water mains and service pipes exposed, adequate measures must
be taken to protect the pipes from frost. In refilling openings,
all the earth must be replaced in the trench, and if the earth is
frozen, the excavation just be filled with pure bank sand, in
layers of not over six inches, and thoroughly compacted to
prevent after-settlement. Ne-~-%a~e~-k-hefl--~:t"'--:ii'teh~;3-Mi
d~ame~e~-may-~e-~~aeed-~~-a~-exeava~~e~~
Subd. 14. 6. Ins?ection. All work must be done under the
supervision of an inspector appointed by the city, who shall be
permitted at all times to examine, inspect and superintend all
plumbing work, excavating, refilling, materials and fixtures.
Refusal to permit such inspection, or any interference with the
inspector, is grounds for immediate suspension or forfeiture of
the permit.
.
Ordinance No. 92-710
Paqe of 5
Subd. 15. Authority to inspect. The Water superint ndent
or other city inspect rs may at reasonable tim s nter upon the
premises drained by a house drain and connect d with a public
sewer to determine whether the provisions of this code in regard
to house drains have been complied with. If a drain or its
attachments do not conform to the provisions of the code, the
water superintendent will notify the owner of the premises. The
owner must repair or reconstruct as to make the drain conform
within 15 days from the time of receiving th.hotice.
705.07. Toilets required. Subdivision 1. Notice. The owner or
occupant of real property having a dwelling house or business
structure thereon, shall install a toilet in the dwelling or
business structure and make connection thereof with the public
water and sanitary sewer mains in the street or alley adjacent
thereto within 30 days after written notice to that effect by the
city manager is given to the owner or occupant.
Subd. 2. Toilet facili ties : No sewer available. Any
property owner who can demonstrate due to distance or topography,
or pendng land use change, may make a written application to the
city council for a variance from the connection requirement, so
long as no health, safety or welfare hazard exists or would
r sult from the variance. The written application must state
those circumstances which make the connection unfeasible. Wh r
a public sanitary sewer is determined not to be available, the
buildings sewer shall be connected to an individual sewag
disposal system complying with all requirements of the state
Plumbing Code.
Sub~. z.3. City installation. If the owner or occupant of
any property notified in writing to install a toilet and make th
proper sanitary sewer and water connections thereto, fails,
refuses or neglects to make such connections and install such a
toilet within 30 days after written notice pursuant to
subdivision 1 has been given, the council may, by resolution,
direct that a toilet be installed and connections be made with
the sanitary sewer and water mains and that the cost of the
installation be paid in the first instance out of the permanent
improvement revolving fund of the city, and the actual cost
thereof assessed against the property so benefited.
subd. :1.4. Cost assessed. After such installation and
connections are completed, there shall be served a written notice
of such assessment and an order directing the owner or occupant
of the property to pay the assessment within ten days after the
service of notice. Upon proof of the service of such notice and
order and proof that said assessment has not been paid within the
ten days allowed, the clerk shall certify to the county auditor
for collection of other assessments and benefi ts. The
assessments shall be spread over a term of three years and shall
become a lien upon said property until paid.
Ordinance No. 92-710
Paae of 6
,
Bubd. 5. Time to connect. within 24 months after a public
s wer becomes availabl to a property served by a privat sewage.
disposal system or treatment works, the property served by th
private system shall make a connection to the public'sew r in
accordance with city ordinance and state plumbing code
requirements. All private sewage disposal systems or treatment
works in existence as of June 1, 1992, shall have until Oct ber
1, 1994, to connect to the public sewer system. Requirem nts of
section 705.07 shall be enforced for properties failing to
connect to the public sewer within the specified time period.
Subd. 6. Abandonment of Drivate systems. . When a public
sewer becomes available to a property served by a sewage disposal
system and a direct connection is made to the public sewer in
compliance with this Section, any septic tanks, cesspools and
similar individual sewage disposal system shall be abandoned and
filled with suitable material.
705.09. Air conditionina: washina. Subdivision 1. Connection
to storm sewer. An owner or occupant of any real property having
a building thereon, whereon water, other than surface water, is
used for air conditioning, washing of garages or motor vehicles,
or other uses which make it necessary to dispose of such water so
used, but which make sewage disposal treatment of such water
unnecessary, shall, within 30 days after written notice from the
city manager, install the necessary pipes and plumbing fixtures
and appliances and make the necessary connection with the storm
sewer system so that such water shall enter into the storm sewer
system.
Subd. 2. storm sewer: sani tarv sewers: separate. In
making the pipe and other installations and connections required
by subdivision 1, no pipes shall be installed or connections made
in such a manner that any water requiring sanitary sewage
disposal treatment enters into the storm sewer system; no pipes
shall be installed or connections made in any manner so that any
water not requiring sanitary sewage treatment shall enter into
the sanitary sewer system.
Subd. 3 . Availability. This subsection applies to real
property located where there is both a storm sewer main and a
sani tary sewer main located and installed in a street or alley
adjacent thereto, or within a reasonable distance therefrom.
Subd. 4. city installation. When the owner or occupant of
any property notified in writing to comply with subdivision 1
fails, refuses or neglects to comply with the notice within 30
days, the council may, by resolution, direct the installation of
the required pipes, plumbing fixtures and appliances. The cost
of the installation be paid in the first instance out of the
permanent improvement revolving fund of the city, and the actual
cost thereof assessed against the real property. benefitted.
.
Ordinance No. 92-710
Page of 7
Subd. 5. Cost Assessed. After such installation and
connections are completed, there shall be served upon the owner
__ or occupant of said real property a wr i tten notice of such
assessment and an order directing the owner or occupant. of such
property to pay such assessment within ten days after the service
of said written notice to the city. Upon proof of the service of
such notice and order, and proof that the assessment has not been
paid within the ten days allowed, the assessment shall be
certified by the clerk to the county audit.or'" for collection as
other assessments and benefits. The assessments shall be spread
over a period of three years and shall become a lien upon the
property payable in the same manner and along with the general
taxes on the property.
705.11 prohibited drainaqe. It is un1awful to drain or
deposit, or permit to be drained or deposited, into a public
sewer or into any drain or pipe connecting with a public sewer,
any gaSOline, naphtha, benzine, kerosene, turpentine, or any
other spirit , gas or fluid containing any materials of and
explosive or suffocating nature or that may gasify or create
combustible or suffocating gases or vapors. It is unlawful to
place, throw or deposit in a catch basin, sewer or drain,
butcher's offal, garbage, dead animals, ashes, shavings, motor
oil, any hazardous substance, or solid refuse.
705.:%::1::.13. Industrial user strenath charge. Subdivision 1.
Recitals. The Metropolitan Waste Control Commission, a
metropolitan commission organized and existing under the laws of
the State of Minnesota, in order to receive and retain grants in
compliance with the Federal Water Pollution Control Act
Amendments of 1972, and regulations thereunder, has determined to
impose an industrial user sewer strength charge upon'users of the
Metropolitan Disposal System, as defined in Minnesota Statutes,
section 473.121, subdivision 24, to recover operation and
maintenance costs of treatment works attributable to the strength
of the discharge of industrial waste, such sewer strength charge
being in addition to the charge based upon the volume of
discharge. In order for the city to pay such costs based upon
strength of industrial discharge and allocated to it each year by
the commission, it is hereby found, determined and declared to be
necessary to establish sewer strength charges and a formula for
the computation thereof for all industrial users receiving waste
treatment services wi thin or served by the city. Minnesota
Statutes, section 444.075, subdivision 3, empowers the city to
make such sewer charge or charge against the owner, lessee,
occupant or all of them and certify unpaid charges to the county
.
Henneoin Countv. Minnesota
Ordinance no. 92-711.
AN ORDINANCE AMENDING SECTION 710
OF THE HOPKINS CITY CODS
IN REGARD TO THE WATER SYSTEM
BE IT ORDAINED by the council of the City of Hopkins as follows:
Section 1. That section 710.00 through 710.43 be repealed in its
entirety and replaced by the following:
Section 710 - water svstem
710.01. Water superintendent. The city manager shall appoint a
superintendent who shall have control and management of the water
works and system of the city. The superintendent
shall do and
perform all acts necessary for the efficient
and economical
management and protection of the system.
710.03. Superintendent: powers: duties. Subdivision
1.
Records. The superintendent shall keep a complete
set of books
showing distribution of accounts of the
water department, and
shall keep a record of all tanks, reservoirs, mains laid,
castings, valves, gates and hydrants located in the system.
Subd. 2. Collections. The director of finance shall keep a
correct account of all receipts and make out all bills for water
~el"i~::! usage or materials furnished to consumers,
collect the
same and depos it the money so collected with
the treasurer, to
the credit of the wa ter we~Jt::! utility fund
of the city and in
accordance with law and requirements of
the city manager and
council.
Subd. 3. Taps and permits. The superintendent shall ~~~~e
be notified of all permits issued for tapping mains,
and shall
keep a record of all taps and services, their sizes and location.
al"ia The Inspections division shall issue permits and shall be
required to keep inspection records e~h~b~~-~~-~-~
~eee~~~-~ee~::!-~e-~he-e~~y-mal"ia~e~.
Subd. 4. Eaui~ment and tools. The superintendent shall see
that hydrants and valves are in order
and that all leaks are
promptly repaired and is responsible for
all city tools and
material used by the department.
Ordinance No. 92-711
Paqe of 2
Subd. 5. Inspections. The superintendent, or an insp ctor
appointed by the city, shall supervise all taps for services and
examine all service pipes and see that they are properly laid, --
and stop-cocks placed in proper position, and perform such other
duties as may be directed by the manager.
Subd. 6. Inventorv. The superintendent shall keep a full
set of record books, showing in detail the location and
measurements for all water pipes, hydrants; .valves, taps, stop-
boxes, tees, crosses and other measurements or records which may
be necessary in the department.
Subd. 7. Location. The superintendent or inspector shall
report the location, and at least two measurements taken from two
separate permanent points, for each tap and stop-box made in the
water mains and service pipes. ~he-~H~e~~~~e~de~~-may-~e~-~emeve
e~-~e ~_~eea~~eft-~-~-~~~-ftyara~~7-~~--wa~cr-~~~e,
~a~,-"5~~-;--Qt.-~-e~her ~:m61"te'ft't-~e:t"*-w-i:-~-~~~~~
hav~~~-a~-e~ae~-~he~e~e~-~~em-~he-ma~a~e~~
Subd. 8. Inspection of premises. The superintendent shall
inspect the premises entered by service pipes, and examine the
condition of meters and other water fixtures; and shall be
vigilant to detect and warn against all abuses, whether from
waste or other improper use of water.
Subd. 9. Meter records~-~~. The superintendent shall
keep a record of each meter in use and of the amount of water
used by each consumer. The superintendent shall ee~~ee~--we:t;~
~e~~_~-tifia--pey--"5time--i:':i,..~--t-he--h:ct~--cf--~h:e-~-e~
~~~a~ee,_~_~~-ti--~~~-~-~~~--ee~~ee~~eft~-~,-~-e~
de~~"~He"~~,-tifid perform such other duties as may be directed by
the manager.
Subd. 10. Pumps: pumpinq stations. The superintendent
shall have charge of the pumping stations and of the pump
machinery and tools therein.
710.05. Fire department. The chief of the fire department shall
see that all gates and hydrants are restored to their proper
condi tion after use by the f ire department and report to the
superintendent all breaks, defective hydrants and taps.
710.07. Tappinq: turnina off or on. No person, except ~fte
those authorized by the superintendent, shall tap any
distributing pipes, or insert stop-cocks or corporation stops
therein, or turn on or off water from any service pipe or cause
water to be so turned on or off.
710.09. Permits. Subdivision 1. Required. No public water
main shall be tapped or connection made thereto from any lot
without first securing the permits required by this code from the -
building official and the superintendent and paying the required
fees.
.
Ordinance No. 92-711
Paqe of 3
Subd. 2. Application. Application shall be made in writing
to the building official for a permit to tap a public water main
located in a right of way. The application shall be made upon
forms to be provided therefor by the city and shall contain the
following information:
(a) exact legal description of premises for which
water or sewer connection is applied,- - 'including plat and
parcel number;
(b) address of premises;
(c) name and address of plumber or other contractor;
(d) name and address of owner of premises;
(e) date of opening and installation of connection;
(f) general description of type and method of
connection to be used or made; and
(g) such other pertinent information as the building
official may require.
710.11. Taps. No permit to tap any main will be granted unless
application therefore has been made in writing and signed by the
owner or his agent duly authorized by him to do the work. The
application must be made to the city'S Inspection division
~~~e~~~~e~ae~~ on a form furnished by the city, and all
information required by the form shall be provided.
710.13. Fee~1" Charqes. The following :eee~-~ charges shall
accompany each application for each connection of any premises to
the public water mains:
(a) the ~ee~ charges and cost of inspections as set
forth by council resolution; ~~-efta~~e~-*~
(b) if, for the parcel described in such application,
the city has not been reimbursed or otherwise secured for
said parcel'S proportionate beneficial share of the special
benefit and total cost of the construction and installation
of the public sewers within the project district or area in
or from which said parcel is to be served, the applicant
shall pay in addition to all other permit fees, a sum equal
to that proportionate share of such special benefit and cost
which said parcel bears to such entire area or district and
which was specially assessed or charged for said public
improvement, plus interest on said sum at the rate of seven
percent per annum from the date or dates of the original
construction or installation of such public improvements to
the date of the issuance of the connection permits.
Ordinance No. 92-711
Page of 4
710.15. Special fund. Pee~-~ Charges shall be deposited or
paid into a special assessment fund or account and may be
credited to the special assessments which may have been
theretofore levied for water er-~ewe~ improvements involving the --
premises for which the speci~l connection fee has been collected.
710. 17 . Terms and conditions . Subdivision 1. General rule.
Permits shall be sUbject to the following terms and conditions,
and the making of the application for such ~permit, the granting
of the permit by the city, and the tapping of the water main
pursuant to the permit shall constitute a binding acceptance of
such terms and conditions by the owner of the property, and by
all assignees, successors, grantees, heirs or representatives of
such owner.
Subd. 2. Backfill. The applicant shall backfill the
opening in the street and leave the street, curb and sidewalk in
a condition satisfactory to the city;
Subd. 3. Authorized use. No permit shall authorize
anything not stated in the application, and for any
misrepresentation in such application the permit will be revoked.
The owner shall abide by all the laws, rules and regulations
governing or relating to the use of city water, or pertaining to
the water werk~ system of the city that are now in force or may
hereafter be enacted. The permit is to be used for no premises
other than those stated in the application.
Subd. 4. Additional mains. The owner shall make no
objection to the laying of additional water mains in the streets
adjoining said land, and upon any such mains being laid the owner
shall sever the permitted connection and make a new connection
with such mains laid after ~he granting of such permit if
required by the superintendent so to do.
Subd. 5. Waiver. By the permit the owner waives all claims
for damages against the city on account of damages to water pipes
caused by freezing, breaking or from any other cause.
Subd. 6. Water re!'i~~~ Charges. Water re!'i~~ charges
accruing for water used through the permitted connection shall be
a charge against and payable by the owner of the land served, as
well as by the person using the water. The city may cut off the
connection permitted for non-paYment of water charges, and to
keep the same cut off until the provisions of the permit have
been complied with and all back charges and penalties have been
fully paid.
Ordinance No. 92-711
Page of 5
Subd. 7. Meters. The owner shall pay for the meter in
advance, and shall ensure that the meter and outside remote meter
are be_~~_i:~.-e--focr--e:-rr-~i:-~-wftieft--i~-~-be--neee3.i3arY'"--ee
l'ftt!Jte--en--~----'Phe-~--she8.-3..--be accessible to the water
superintendent or persons authorized by him t!~--e:-rr-~:ime~ and
shall be kept free from debris at all times. The meter is a
fixture in the premises described in the permit. The outsid
remote meter shall be installed on all buildings in a location
determined by the water superintendent. . . .
710.19. Work: material: standards. Subdivision 1.
ee~~e~a~~e"__~~~~----~-~~~~~--~~e~--~n~cr~~-~--efte
a~~~~~~~~~e"_~-i~e_~~~-~~-~si~~~~-~-~-~e~m~~-e~
e~ee~~- S~~e~-%~ Placement. Service pipes must be laid in such
a manner as to prevent rupture by settlement and must extend from
the main to the inside of the building or, if not taken into a
building, then to the hydrant or other fixtures which it i~
intended to supply, and a stop-cock must be placed outside in an
extension service box placed between the sidewalk and the curb,
and shut-off stop-cock or other stop-cock, wi th waste" of the
size and strength required, shall be placed close to the inside
of the building, well protected from freezing. Where a pipe
passes through or is laid within two feet of foundation walls the
pipe should be protected from frost by enclosing in wood.
S~be~-~~ Subd. 2. Material P~~e-~~~e requirements. Service
pipes from the main to the inside shut-off shall be as follows:
for t! repairs to existing 3/4 inch services, a 3/4 inch
corporation stop, 3/4 inch copper tubing, ground stop curb stop
with extension service box inCluding a riser operating rod
fastened to the curb box; for a one inch service and all new
residential services, a one inch corporation stop, t!"a 1 inch
copper tubing, ground stop curb box with extension service box
including riser operating rod fastened to the curb stop; for 1
1/2 inch or 2 inch services a tapping saddle will be used, and
the appropriate corporation stop installed into the saddle and
copper tubing to a curb stop box with a riser operating rod
installed. ~at!ii_be_~~ee1-~e~-a-~-~f%-~neh-~e~v~eet-e~~he~-~we-e~
~a~ee_~f4_~neh-~t!~~-~~aeee-a~-ieaS~-~e"-~nehe~-a~a~~-eennee~ea-hy
a_~_wa~e~-~-l'ftay-~-~~ea-~-:-:f%-~-ee~~e~
~~~~n~t_~-;_-a-~i:nq-~reeve-ane-v't1-ive-"'H:~l"'"-eopper---ettl:l-~~-~haii
be-~ copper pipe must conform in all respects to the
standards published by the American Water Works Association,
copies of which will be kept available in the office of the water
superintendent. The service pipes must be a continuous piece
from the main to the curbs top and from the curbstop to the
structure if new construction. No compression fittings may be
installed on services. For service lines over two inches,
stainless steel tapping sleeves and rubber edged gate valves must
be used and ductile ea~~ iron service pipe; all materials to be
of approved size and design. No deviation in size or weights or
pipe is permitted unless a written special permit is obtained for
that purpose.
Ordinance No. 92-711
Paqe of 6
Bubd. 3. Bu~o1y from one oornoration sto~. No mor than
one hous maybe supplied from one corporation stop, which may not
be larger than one inch, unless by special permit. No- more than
one building may be supplied ~rom one pipe, connecting wlth the
distribution main. Each building must have a separate stop box.
Bubd. 4. Manifold Re~airs. When manifolds inoorporating two
or more corporations are in need of repair ~he manifold system
must be abandoned and a new corporation installed in accordano
with the "Haterial Requirements" subdivision. Furthermore, the
abandoned corporation from the manifold must be abandoned in
accordance with "Old stops plugged" subdivision. No deviation
from this subdivision is permitted unless a written special
permit is obtained from the superintendent.
Subd. 5. Old stoos oluqqed. When new buildings are reoted
on the sites- of old ones, and it is desired to increase or chang
the old water servioe, no conneotions with the mains are
permitted until the old corporation stops have been removed and
the main plugged or the old cQrporation stops have been shut off
if not leaking. When a building is demolished or being moved the
existing water service must be shut off at the main and a section
of the water line must be cut off so that a physical break
exists.
Subd.--.+. 6. Responsibility of owner. The operation and
maintenance of the service pipe from the property served to the
main is the responsibility of the owner of the property served
including the corporation stop connection at the main and the
curb stop and curb box in the boulevard, and other val ves and
fixtures inside the building.
Subd.-5. 7. street excavation. The street must be opened in
a manner which will occasion the least inconvenience to the
public, and provide for the passage of water along the gutters.
One half of the street must be in good and safe condition at all
times for the passage of vehicles or an adequate detour provided.
No tunneling is permitted except when the exigencies of the case
require such a permit. No excavation in any street or public
place shall be left open over night except thoroughly barricaded
or fenced off in accordance with the Hinnesota Manual on uniform
Traffic Control Devices, and properly lighted so as to secure
public safety. When a trench for pipe must be left open during
the night, a sufficient number of lighted lanterns shall be
placed over such trench, from twilight until daylight, and the
trench shall be properly fenced.
Subd. 8. Refillinq ooeninqs. :In refilling openings the
earth must be replaced in the trench, and thoroughly tamped as
directed by the Water superintendent. The Water superintendent
may require new trench material hauled in and existing material
hauled away if existing material is unaoceptable. Disposing ot -
the unacc ptable material is the responsibility of the
contractor.
.
Ordinance No. 92-711
Paqe of 7
Subd. 6. 9. piQes: protection.. If openings are made for
any purpose whatsoever, and water mains and service pipes
exposed, measures must be taken to protect them from frost. In
refilling openings, all the earth must be replaced in the trench,
and if the earth is frozen, it must be removed and the excavation
filled with pure bank sand, in layers of not over six inches, and
thoroughly rammea tamped to prevent after-se~~ement.
Subd.-~. 10. Inspections. The superintendent or inspector
may examine, inspect and superintend plumbing work, excavating,
refilling, materials and fixtures. A refusal to permit such
inspection, or any -interference with the inspector in the
performance of his duty, is groundS for a suspension or
forfeiture of the permit.
Subd.-B. 11. Change in schedule: notice reauired. If the
plumber laying the service pipe fails to have the corporation
stop inserted at the time specified in the application, notice
must be left with the superintendent or inspector fixing another
day on which the plumber wishes the corporation stop to be
inserted. The notice must be given at least two days previous to
the excavation for laying of the service pipe, and the
corporation stop must be inserted before 5~ee 4: 00 0' clock p. ID.
local time, except in special cases, and then the work shall be
done only by written order from the superintendent.
710.21. Plumber's return. plumbers shall make full returns of
the ordinary and special uses to which the water is designed to
be applied with a description of the apparatus and arrangements
for using the water. The return shall be made by the plumber who
obtained the permit within five days after the main is tapped and
filed with the superintendent. The plumber'S return shall also
contain a correct measurement of the distance north or south,
east or west, of the particular service pipe from the nearest
corner, the measurement to be made on the face or front of the
houses on the streets. The return shall contain the name of the
street containing the pipe which has been tapped and whether the
service pipe enters on the north, south, east or west side of the
street, and the exact location of the stop-cock, and any other
information required by the superintendent.
710.23. Leaks: failure to repair. In case of failure upon the
part of any consumer or owner to repair any leak occurring upon a
service pipe, within 24 hours after verbal or written notice to
the owner or occupant of the premises, the water will be shut off
and will not be turned on until the ~Hm-~-~~~~lla~ charges
s t forth by council resolution fta~ have been paid, together with
such additional sum as may be necessary to reimburse the city of
all expenses incurred by it because of such break. When the
waste of water is great, or when damage is likely to result from
the leak, the water will be turned off if the repair is not
proceeded with immediately upon the giving of the notice.
Ordinance No. 92-711
Paqe of 8
710.25. private water supplies. Subdivision 1. seoaration.
Water pipes of the city's public water system may not be
connected to a pump, well or tank that is connected to a private
waterworks system. .
Subd. 2. Time for Connection. All properties consuming
water for domestic purpose must either connect to the municipal
water system within two years after such service becomes
available, or annually submit a certified water test made by a
testing laboratory approved by the city Health Officer. This
test must be submitted by May 1st of every year, and show that
the water is potable according to the standards of the Minnesota
Department of Health and that there is no evidence of
recirculated sewage. If, from any cause, the water is not
potable according to the standards, or the owner fails to submit
the certification by June 15 of each given year, the own r shall
make connection with the municipal water system within 30 days
after written notice is given to the owner or occupant by th
city.
Bubd. 3. city installation. If the owner or occupant of
any property notified in writing to install a water service and
make the proper water connections thereto, fails, refuses, or
neglects to make such connections wi thin 30 days after written
notice pursuant to subdivision 2 has been given, the council may,
by resolution, direct that a water service be installed and
connections be made with the water mains and that the cost of the
installation be paid in the first instance out of the permanent
improvement revolving fund of the city, and the actual cost
thereof assessed against the property so benefited.
Bubd. 4. Cost assessed. After such installation and
connections are completed, there shall be served a written notice
of such assessment and an order directing the owner or occupant
of the property to pay the assessment within ten days after the
service of notice. upon proof of the service of such notice and
order and proof that said assessment has not been paid within the
ten days allowed, the clerk shall certify to the county auditor
for collection of other assessments and benefits. The
assessments shall be spread over a term of three years and shall
become a lien upon said property until paid.
710.27. Frozen services. It is unlawful to connect electric
welders to any portion of the water service for the purpose of
thawing out a service. Any other method used for this purpose
must be approved by the Water superintendent.
710. 29.%5. Meter responsibility ~am~e~~~~. B~~e~~-~~~~
by_~he_~~pe~~~~e~de~~-~o-pe~~on-may-eonnee~-o~-d~~eonnee~-o~-~a~e
apa~~/_~~__~_~-~-ehan~e--o~-~-~-~-e~~~~ed--O~
~n~e~fe~e-wi~fl.--'t:~e--e:cl-i~~~-+on-~-a--vra-~~-:me-ee~":" Exc pt
for extinguishing fires, no person except authorized city
mployees may use wat r from the water system of the city or -
permit wat r to be drawn therefrom, unless the water is metered
.h
Ordinance No. 92-711
Paqe of 9
by passing through a meter supplied or approved by th oity, or
unless the water is paid ~or on a
~lat rate basis when us ing a
hydrant. No person may oonneot, disconneot,
tak apart, or in
any manner change, or oause to ohange, or interfere with a meter
or the action thereof unless
authorized by the Water
superintendent. The oity will maintain and repair or replace all
5/S" meters when rendered unserviceable through ordinary wear and
tear. When replaoement, repair or
adjustment of a meter is
rendered neoessary by the aot, negleot
or . c'arelessness of th
owner or occupant of a premises, the
expense oaused the oity
thereby will be charged against and oolleoted
from the owner or
occupant of the premises by a statement of oharge itemizing th
repairs. The property may be tagged and
appropriately charged,
and the water service maybe disconneoted
until the caus
is
corrected and the charge collected.
Repair and maintenanoe of
meters over 5/S" shall be the
responsibility of the property
owner. Maintenanoe of meters
over 5/S" shall
inolude:
oertification testing onoe every
ten years or when
deemed
neoessary by the oity's utility billing
department, necessary
meter repairs to oorrect defioiencies,
and submittal o~ test
r suIts to the city'S billing department
demonstrating met r is
accurate. All 5/S" water meters are
the property o~ the city,
and may be replaced or changed by the Water Superintendent
when
n cessary. Failure to allow the city
access to the water
meter
~or inspection or repair purposes, or ~ailure to test and r pair
meters over 5/S" after 30 days written notice from the city shall
be considered an act of negligence and shall be subject to a ~ine
of $~OO 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.
710.31.~:r,:, Hydrants: tamoerinq.
A fire hydrant may
not be
opened without the proper authority. Any person violating this
section shall be guilty of a misdemeanor and in addition thereto
shall be liable to the city for the value, at regular city rates,
for the amount of water running out of the hydrant during the
period it was open, as such amount of water may be determined by
the superintendent.
710.33. special connections. Where a
connection is mad
to an
automatic sprinkler system, stand pipe for standby service only,
or a fire hydrant on private property, meters
or detector check
valves must be installed on suoh
services as required by
the
oity. Should it be found that water not metered is used through
a fire connection for any purpose other than the extinguishing of
fire upon the premises, the owner and occupant will be notified,
and if such improper conditions are
not corrected within
ten
days, the water will be shut off
until proper adjustments are
made and the owner shall be subject to the penalties as provided
in this ordinance. Regular inspections shall be made of all fir
service connections with all piping,
~ire gates and other
attached appurtenances. Employees
of the Water and Fire
departments shall have access to the premise for such inspection
and shall keep a record of all inspections made.
Ordinance No. 92-711
Paqe of 10
710.35.r9. Water towers: checkinq. It is unlawful for a person
to ascend the ladders or steps connected with the water towers or
tanks of the city, or stand upon the platforms thereof,' unless
authorized to' do so by the superintendent or manager. violation
of this subsection is a misdemeanor.
~:e~__~r~___e~~v_~_~~~~~---~-e~~y--~-~-~~~~~-~ep--e
ae~~e~eftey_~~_~~~-~~-~fte--e~~~%y-~~-~-~~-eeft~eme~~7
whe~he~_'eee6::5~~-~~:i:nq--~-wa~e~-'O'f-f-~-ehe-~?P0.:3C -e~
ma~~ft~_~e~a~~~-e~-eeftftee~~eft~7-e~-~e~-afty-e~he~-ea~~e~
710. 37. Subdivision 1. Riqht to shut o~f water or vary water
pressure. The Publio Works department reserves the right, at any
time when necessary and without notice, to discontinu water
supply or to vary water pressure for the purpose o~ making
repairs or extens.ions or for any other purpose deemed to be in
the best interest of the general public health and welfar. No
olaim shall be made against the oity for any damage that may
r sult from shutting off water or from varying the water
pressure. The Publio Works department shall give notioe prior to
shutting off water ix oonditions are suoh that it is possible to
do so.
710.39 Pressure and SUDDlv not quaranteed. The PU):)lio Works
department does not guarantee the customer any fixed pressure or
a continuous supply. In emergencies water may be shut off
without notice.
710.41 Disclaimer of liability. The Public Works department
shall not be held responsible by reason of the breaking of any
service pipe or apparatus, frozen water services, shut-off,
fixtures within the premise, for failure in the supply of water,
or varianoes in pressure.
710.43.~~. Authoritv: manaaer. The manager, with the approval
of the council, may make rules and regulations supplemental and
in addition to the terms and provisions of this section
regulating and governing the water we~~~ utility system and the
employees of the city working in, or assigned to the water
utility we~~~ department. The manager may limit, regulate or
prohibit the use of city water furnished by the city water-werks
utility to any person and may, with the approval of the council,
issue orders or regulations from time to time prohibiting or
otherwise regulating the use of city-furnished water for
sprinkling, air conditioning or any other use which may in the
opinion of the manager be detrimental to the proper maintenance
and functioning of the city water-we~~~ utility system or to the
health, safety and general welfare of the residents of the city.
."
Henne{)in Countv, Minnesota _.
Ordinance no. 92-712
AN ORDINANCE AMENDING SECTION 715
OF THE HOPKINS CITY CODE
IN REGARD TO SEWER AND WATER RATES
BE IT ORDAINED by the Council of the city of Hopkins as follows:
section 1. That Section 715 through 715.23 be repealed in its
entirety and replaced by the following:
section 715 - Sewer and water rates
715.01. Subdivision 1. Definitions. For the'purpose of this
section the terms def ined in this subsection have the meanings
given them.
Subd. 2. "Residential" means single family dwellings,
duplexes, double bungalows, apartment buildings or complexes, or
condominium.
Subd. 3 . "Commerc ial " means every structure, building,
occupancy, use or endeavor except residential.
s~~a~_~---U6~e~~U-~~r~-~e-~~-~,-~~rr~~-e~
eha~~e,-~-~fta~-~~~~~~be-~~~-~~~ewa~ee-~-eftY
a~~ee~ft~-~efr~I-~~~ft~rr-~-de~e~m~~ea-~~-~~~~-~Y
aaa~ft~-k~~-fte~-~~~-~ewe~-~~-~~-~-~-5%
'1:he~ee~~
_____S~~a~-5~--~Ne~U-whe~-~~~~-~~~~billi~~~~an~
~he~-~~-~aYa~~e-a~~e~-a~~ewa~ee-e~-aftY-a~~ee~~~,-wft~eft-~e~-~fta~~
be_~fte-ame~ft~-de~~vea-by-a~v~a~~~-~he-~e~a~-~~e~~-efta~~e-~e~-~~eh
~e~v~ee-},y-:l:,:"e5,:"
_____S~},d~-6~--UB~~ee~"~u-mea~~-~he-eme~ft~-ae~~ved-},y-~~~~~ae~~~~
~fte-fte~-~~em~~fte-~~e~~-~~~~~~~~
715.03. Water rates. Subdivision ~. Metered usaqe. The ~~e~~
water rates per ~, 000 gallons of metered water usage shall b
established by council resolution. -wa~e~-~~~~~~~~
:l:eee-~a~~e~~-~~ed-p~~~-5%-~he~ee~~ 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 e~~he~ by
averaging previous water bills for that a~-~~eft 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
Ordinance No. 92-712
Page of 2
business. Meters may be read
by officials of the
water
department either every month or every quarter.,-~-~~
~ead~n~~_a~e-me"~h~YI-~he-~~e~~-~a~e~-a~-abeve-~e~-fe~~h-~ha~~-~e
ea~e~~a~ed_a"d-a~~~~ed-a~-~he~~h-~~eh-me~e~~-we~e-~ead-~a~~e~~y~
Bubd. 2. Non-metered
usage. The water superintendent or
his designee may allow water to be withdrawn from a hydrant
for
construction and re~ated purposes. Applications for this use are
available from the water superintendent and' must be filled out
and approved prior to obtaining water. Applicants must pay
for
the water and provide the necessary deposits as
required in the
Fire Hydrant operation Agreement. The water superintend nt will
periodically establish the flat
rate and deposit amount.
Flat
rate amounts are subject to increase
depending on the amount of
water to be withdrawn from a hydrant.
715.05. Sanitary sewer: connections.
Water meters shall
be
deemed, for the purpose of this section,
to be a sanitary sewer
service connection unless such meter is
located in premises not
connected to the sanitary sewer
system. Wherever premises are
connected to the sanitary sewer
system but are served
entirely
from a private water source, such
premises shall be liable for
and subject to the same charges for
sanitary sewer service as
though the premises were served with metered city water, and the
city may require the installation of water meters on any private
well and pump, which meter shall
be subject to and governed
by
the same rules, regulations of this
code as meters for
city
water.
73.5.07. Sanitary sewer: charqes
and rates. Subdivision 1.
Residential. ~fte__~~e~~--~a"~~a~y--~ewe~--~e~v~ee--efta~~e--fe~
~e~~ae"~~a~_~~-~-$~~T5-~-r~-~a~~e"~-~-~-~~ed
~~~~_-54;_-o-f-_-ehe-~ewe~-~-~:i:ded---eha~--i1'r~-a-e--~~eh
me"~h~y__w~ee~-~~~-~-~-~~~-~~m~~y--~e~~ae"~~a~
e~~eeme~I-~~e~-~ewer-~~~~rr~~-e-e~~~-oy-~~~n~
ehe - ame~ft'i!.--e-f- -stl'eh- "'iVft't-er--eo:n:sumed--.:i:n-~ ~~~ l-e -f-al'ld:: ~y -dwe::: :::~r'l~
~n_-t.-he-~r~ea~~e~::t-~-i~-4n--J.~r.ttt~?'Y"I-f'eM~a~y-~-t~-ef
eaeh- year -d-i-v-i~-~--~?'e'e'f 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
maximum billing charge be established based on water usage in the
appropriate quarter ending in, January, February,
or March. For
residential customers on a monthly
billing basis, the annual
February bill will be used to
established the maximum monthly
charge for the ensuing year; provided, further,
that in cases of
new construction or addition to any residential unit, the average
water consumption is to be determined by the first 30 day period
following its completion or occupancy until
the next ensuing
quarter ending in January, February
or March. Whenever such
average water consumption of any
such single family dwellings
during the quarters ending in January, February or March 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 water charge
and corresponding sanitary sewer charge
for the use of fair
and
Ordinance No. 92-712
Paqe of 3
suitable methods. The determination of the superintendent is
final. *Ameftded-erd~-Ne~-ae-6%6,-see~-~t
Subd. 2. Commercial. Sal'\:i:~ary-~ .:I~rV':i:ee--ehar~e~--f-er
eemmere:i:a~-e~~~eme~~-4~-~-~~r~~ ca~-r,&&&~a~zeft~- r
wa~er_~sed-~~~s-S~-e~-~he-sewer-ehar~e~-tAmel'\ded-e~d~-Ne~-aa-6i6,
See~-4t The sanitary sewer rates for commercial customers shall
:be esta:blished :by council resolution for each J.,OOO gallons of
metered water usage. ..'
715.09. Due dates. Water and sanitary serv:i:ee sewer charges are
due and payable on the due date stated on the periodic city
utility :bill. al'\d-~--f~"t:h--i:ft'-~-wa~e~--e:nd--'S-aM~-a~-~
se~v~ee-},-i-i-i-~--a~~ :Er-~a-id-'Ot"1-"M'--bef~~-due-~-ehe
~~es~_~~~_~alr~-d~~ee~l'\~ed--a~~-~-~he-~-~r--Ne
d~see~l'\~s_~~-~-a-i-iewed-~-~-~~~-~~-~r~e?-~~~-da~e~
Each :billing for water and sanitary sewer charges, which is not
paid when due, shall incur a J.O% penalty charge on the current
billed amount.
715.11. Special circumstances. In cases of condominium
ownership and in any other situations where it is deemed
necessary or convenient for the efficient and economical
operation of the water or sewer system, the council may, on
recommendation of the manager, require a customer or premises
owner to provide additional sewer or water connections and/or
water e~-sewe~ meters.
715.13. Deposits. The manager may require any customer (i)
whose credit rating is not established, or (ii) whose service has
been discontinued for non-paYment of any se~v~ee charge, or (iii)
whose account with the city is delinquent for three or more
months, to deposit with the clerk either the sum of (a) $56 $J.OO
or (b) the sum derived by add:4:ft~ taking the customers city
utility bill wa~e~--~~-~~-~~-~~r~ for el'\e summer
quarter, whichever amount is greater. The city may draw from the
deposit amounts de~:4:l'\~el'\~-e~-~h~~ from time to time when
the account becomes delinquent.
715.15. Account quarantees. The manager may require the owner
or landlord of premises served by the water and sewer
departments, to file with the clerk a written contract or
undertaking guaranteeing the paYment of any water and sewer
service account for the premises.
715.17. service disconnections. Failure to pay any account on
or before the due date, or the failure to maintain any deposit as
hereinabove required or the failure to secure and file a written
guarantee as provided in 715.15 is sufficient cause or reason to
disconnect city water service to any such customer or premises.
Ordinance No. 92-712
Paqe of 4
715.19. Unpaid charqes. Unpaid city utili ty wa~er-~ ;3~w~r
bills shall be certified to the county director of property
taxation for collection as other charges pursuant to Minnesota
statutes, section 444.075, sUbdivision 3, and council resolution -
82-3039 as amended from time to time. The owner of the property
shall be liable to the city for all bills accruing through the
use of water and sewer facilities upon his premises whether the
same be personally used by him or his renter or lessee or other
occupant of the premises. ..'
715.21. Charqes for taqqinq procertv. re-ee""ee~~"~~--~~~a~~r
~erv~ee_~~_~~~ee"~ee~e~-!er-"e"-~ay.me"~-e!-wa~er-er-~ewer-~erv~ee
eftar~e~7-k~-~e~v~ee-~-~~-~~-u~~4~-~rr-H"~a~~
wa~er_~_~ewer-~-eftar~e~-~-aave-~-~a~a-~-!H~~
~e~e~fter-~~h-~~~~r-~~-e~-~~~ ~uch-re-ee""ee~~e"~
If city utility bills are delinquent and reminder notic sand
shut off notices have been mailed per collection policy to the
payee address on record, and full paYment of the account still
has not been received, the utility division will dispatch a crew
to place a shut off door tag on the premises and/or terminat
water service. A service charge of $50.00 shall be added to the
account for each door tag placed. If the delinquent bill and all
other fees properly charged to an account are not paid before, or
in the following billing cycle, the delinquent process stated
above is to be repeated with additional service charges added
until the account is made current.
715.23. Inspections. The manager or designee shall have the
right of access at all reasonable hours of the day to enter any
and all parts of any home, dwelling or other premises for the
purpose of e~am~"a~~e" examining e! sewer and water connections,
including meter reading, repairs, disconnections and any other
related purpose.