ORD1985543ORDINANCE #543
AN ORDINANCE TO AMEND CHAPTER 28
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Water Utility)
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Chapter 28 of the Municipal Code of the City
Municipal Code as adopted by Ordinance 11543.
of Muskego, Wisconsin, is hereby amended and made a part of the
SECTION 2: A copy of said ordinance has been on file in
the office of the City Clerk and open to public inspection for
not less than two weeks prior to the date of this ordinance and
said ordinance is hereby incorporated into the Municipal Code
of the City.
0 SECTION 3: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby
repealed.
SECTION 4: This ordinance shall be in full force and
effect from and after its passage and publication.
PASSED AND APPROVED THIS 12 DAY OF flu("usr , 1985.
entine, Mayor
jm
PUBLISHED THIS 21 DAY OF Auc.u57 , 1985.
ORDINANCE 11543
AN ORDINANCE TO AMEND CHAF’TER 28
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Water Utility)
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Chapter 28 of the Municfpal Code of the City
Municipal Code as adopted by Ordinance 11543.
of Muskego, Wisconsfn, fs hereby amended and made a part of the
SECTION 2: A copy of said ordinance has been on ffle in
not less than two weeks prior to the date of this ordinance and
the office of the City CLerk and open to public inspection for
said ordinance is hereby fncorporated into the Munfcipal Code
of the City.
inconsistent wfth or contravenfng this ordinance are hereby
SECTION 3: All ordinances or parts of ordinances
repealed.
SECTION 4: Thfs ordinance shall be fn full force and
effect from and after its passage and publicatfon.
a ~- A Lk. ..
Wayn& G. Salentine, Mayor
ATTEST:
PUBLISHED THKS A\ DAY OF QI ,J& / , 19ab.
-.
STATE OF WISCONSIN )
Milwaukee County )
) ss.
I -. ~ Oflieid-htice CITY OF MUSKEGO
.....
28 OF THE MUNICIPAL CODE OF THE AN ORDINANCE M AMEND CHAPTER
CITYOFMUSKEGO
THE COMMON COUNCIL OF THE CF
(Water Utility)
OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS:
Code of the City of Muskego, Wisconsin, is
SECTION 1XXapter 28 of the Municipal
hereby amended and made a part of the
Municipal Code as adoptd by Ordinance
#543. SECTION 2: A,&py of saidordinance has
beeno~fileintheoficeoftheCityClerlrand
open to public inspection for not less than
two weekd prior to the date of this ordinance
and said.ordinance is hereby incorporated
.into the Municipal Code of the City.
. SECTION 3: All ordinances or parts of
ordinances inconsistent with or contraven-
'kg this ordinance are hereby repealed. SECTION 4:. This ordinance shall be in
hnll forre and effect fmm and ahr its "" ..~" ~
passage and publication.
OF August. 1986.
PASSED AND APPROVED THIS 12 DAY
IsWayne G. Salentin?, Mayor
1 ATTEST i I '*irlotte Stewart, City Clerk
hSHED THIS 21 day of August. loor ! '. ~..
Jerrith #. Van Eimerefi being duly sworn,
doth depose and say that he is an authorized representative of
The ........ Muskeg? S.U.. ..................
a newspaper published at .. M.u.?k?6?. ............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
.... 3 :.I<,. ...
"!!: 7 : 'cl- ......................
..............
....... .....
......................
...... .. .........
....
(Signed) .
U BOOKKEEPER,
Subscribed and sworn to before me this d(&. , , day
of . ...... .19. .. Pi
.. 4: .A%&
oukee County Wisconsin
My Commission expires Feb. 8. . 19 .8%
ORDINANCE #543
(As Amended )
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
AN ORDINANCE TO AMEND CHAPTER 28
FOLLOWS :
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
SECTION 1: Chapter 28 of the Municipal Code of the City of
Muskego is amended to create the following subsections:
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J
Ord.#543
~ Adopted 8/12/86 WATER UTILITY
28.02 CONTROL FACILITIES AND OWNERSHIP (1) CONTROL OF WATER
UTILITY. The City hereby creates and establishes a water utility for the
City. The management, operation and control of such water system is
vested in the Common Council provided the management and operation of
such water system shall be performed by the Public Water Committee
subject to the ultimate control by the Common Council. All records,
minutes, written proceedings and financial records shall be kept and
maintained by the City.
(2) FACILITIES AND OWNERSHIP. The water utility shall consist of
deep wells, storage tanks, distribution facilities, including fire
hydrants, fountains and other facilities required in connection
therewith. The City, acting through the Common Council and Public Water
Committee, shall have the power to lay mains through alleys, streets and
acquire and install required facilities and to do all such work as
necessary or convenient in the management of the water system. The
Mayor, Alderman, or their officers, agents and employees shall have the
of their duties under this subchapter without liability therefor. The
right to enter upon any land to examine or supervise in the performance
Common Council shall have the power to purchase for the City all real and
personal property necessary for construction of the water system or for
any repair, remodeling or additions thereto.
(3) CONDEMNATION OF REAL ESTATE. Whenever any real estate or
easements therein or use thereof shall, in the judgment of the Common
Council, be necessary to the operation of the water system and whenever
an agreement for purchase cannot be made with the owner thereof, the
Common Council shall proceed with all necessary steps to take such real
estate or easement by condemnation in accordance with State Statutes.
(4) TITLE TO REAL ESTATE AND PERSONALITY. All property, real,
personal and mixed, acquired for construction of the water system, all
plans, specifications, diagrams, papers, books and records connected
therewith and all buildings, machinery and fixtures pertaining thereto
shall be City property.
28.03 CONSUMER RULES AND REGULATIONS. The rules, regulations and
water rates of the water system of the City set forth herein shall be
considered a part of the contract with each person who is supplied with
water through the water system. Such person by taking water or
connecting with such system shall be considered as expressing his assent
and be bound thereby. Whenever any such rules and regulations or such
conditions as the Common Council OK Public Water Committee may hereafter
adopt are violated, the water shall be shut off from the building or
water through the same pipe, and shall not be turned on again except by
place of such violation, even though two or more parties are receiving
order of the Public Water Committee after payment of all arrears,
other terms as the Committee may determine. These rules shall conform to
expenses and established charges of shutting off, turning on and such
the established rules and regulations of the State Public Service
0 violation, the appropriate authority may declare any payment made for the
Commission OK State Statutes applicable thereto. In case oE such
water by the party committing such violation to be forfeited. The Common
Council or Public Water Committee has the right to change such rules,
regulations and water rates from time to time as they may deem advisable
and to make special rates and contracts in all property cases, subject to
the authority of the Wisconsin Public Service Commission.
28.04 OPERATING RULES. (1) ESTABLISHMENT OF SERVICE. (a)
Customers to Be Saect to PSC Rules. All persons who may hereafter
application therefor, shall be considered as having agreed to be bound by
receive water from the Water Utility or who may hereafter make
rules and regulations as filed with the Public Service Commission of
Wisconsin.
(b) &plication. Application for water service shall be made in
writing on a form furnished by the Public Water Committee. The
application shall contain a legal description of the property to be
served, including tax key number, name of applicant, use to be made of
service and such other information as the Utility may require.
(c) Conditions for Service. Service shall be furnished only if:
1. Applicant has installed or agrees to install a service pipe from
the water main in the street to the point of use laid not less than six
(6) feet below the surface of an established or proposed grade and
according to the Utility's specifications,
2. Applicant pays required hookup charge, and
3. Premises have adequate piping beyond metering point.
4. Applicant shall pay any water capacity assessment which the City
shall deem reasonable and necessary.
(d) Multi-Unit Metering. The owner of a multi-unit dwelling has
the option of being served by individual metered water service to each
unit. The owner, by selecting this option, shall provide interior
unit and individual disconnection without affecting service to other
plumbing and meter settings to enable individual metered service to each
customer for the purpose of the filed rules and regulations. The Owner
units. Each meter and meter connection shall be a separate water utility
is responsible for and subject to Section 28.03 of this ordinance.
(e) Division of Water Service Prohibited. No division of the
water service of any lot or parcel of land shall be made for extension
and independent meterage of the supply to an adjoining lot or parcel of
land. No division of a water supply service shall be made at the curb
for separate supplies therefrom for two or more separate premises having
or different oarties.
frontage on any street or public service strip whether owned by the same I
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( f ) AeeIlov "" 0 to withhold aooroval of any application wherein full information of the
a1 May Be Withheld. The Committee is hereby empowered -
purpose of such supply is not clearly set forth by the applicant property
owner.
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(2) SERVICE CONTRACT. The minimum service contract period shall be
one year unless otherwise specified by special contract or in the
applicable rate schedule. Where a customer at this request has been
his account is not delinquent and where thereafter he requests the
disconnected prior to expiration of his minimum contract period, where
advance shall be collected. The minimum contract period is renewed with
reconnection of service, a reconnection charge of $15.00 payable in
each reconnection.
There shall be a reconnection charge of $15.00 for consumers
whose services are disconnected because of nonpayment of bills when due,
including disconnection for failure to comply with deposit or guarantee
rules.
A person shall be considered as the same consumer provided the
reconnection is required for the same premises by any member of the same
business.
family, or if a place of business, by any partner or employee of the same
except by an authorized employee of the Utility. When a plumber has
may test his work, but when such testing is completed, he shall leave
water shut off.
(3) TURNING ON WATER. Water cannot be turned on for a consumer
completed his work, he shall leave the water turned off. Such plumber
(4) STOP BOXES. The consumer shall protect the stop box on his
The Utility shall not be liable for failure to locate stop box and shut
property and shall keep the same free from dirt and other obstructions.
off water in case of a leak on the consumer's premises. The consumer
shall allow access to the stop box by, and not interfere with, Utility
personnel at all times.
(5) THAWING FROZEN SERVICES. (a) Frozen services shall be thawed
out by and at the expense of the Utility unless freezing was caused by
contributory fault or negligence by the consumer such as reduction of
grade, improperly installed consumer service pipe, etc.
(b) Following freezing of a service, the Utility shall take such
steps and issue such instructions as may be necessary to allow the water
to flow to prevent refreezing, the consumer shall make provision for
proper disposal of the waste water. The charge for water shall be
adjusted to allow a credit for water permitted to run as a result of
Utility instructions. Credit will not be allowed if ordered to run due
to negligence or fault as stated in (5)(a) above.
(6) INSTALLATION OF METERS. Meters shall be furnished and placed
by the Utility and are not to be disconnected or tampered with by the
consumer. All meters shall be so located that they are protected from
0 obstructions and permit ready access thereto for reading, inspection and
servicing, such location to be designated or approved by the Utility
Superintendent. All piping within the building shall be supplied by the
consumer. Where additional meters are desired by the consumer, he shall
pay for all piping and an additional amount sufficient to cover the cost
of maintenance and depreciation, but not less than 25C per month. The
consumer shall allow access to the meter by the Utility on a regular and
reasonable basis in order to read the meter.
(7) SERVICE PIPING FOR METER SETTINGS. Where a new customer whose
service is to be metered installs the original service piping, where an
existing metered customer changes his service piping for his own
convenience or where and existing flat rate customer requests to be
metered, the customer shall at his expense provide a suitable location
and proper meter connections.
The Water Superintendent shall be consulted as to the type and
size of meter setting. Where it is possible to set meters in the
basement or other suitable place within the building, a short nipple
shall be inserted after the stop and waste cock, then a union, and then
another nipple and coupling of the proper length. The nipple attached to
the union and coupling shall be cut to a standard length provided by the
plans of the Superintendent (he may require a horizontal run of 18" in
such pipe line) which may later be removed for the insertion of the meter
into the supply line.
The cost of such repairs caused by ordinary wear and tear shall be borne
(8) REPAIRS TO METERS. Meters shall be repaired by the Utility.
by the Utility.
Repair of any damage caused by carelessness of the owner of the
premises, his agents or tenants or from the negligence of any of them to
properly secure and protect same, including any damage that may result
presence of hot water or steam in the meter, shall be paid for by the
from allowing a water meter to become frozen or to be injured from
consumer or the owner of the premises should the consumer fail to pay.
(9) CHARGES FOR WATER WASTED DUE TO LEAKS. When the meter
registers losses due to pipe leaks, the Utility shall determine whether
the defect in the piping or equipment was known to the customer or, being
known, he had used his best efforts to correct the conditions. If the
Utility determines that the loss occurred without the consumer's
knowledge, or having known about it he had tried to correct the
condition, the Utility may determine as nearly as possible what is the
amount of loss by comparison with the use of the water during a like
period, and the excess may be billed at the lowest step in the rates.
However, if the consumer knew of the leak and failed to give proper
attention to it, the Utility shall bill for the total consumption shown
by the meter at regular rates.
(10) FAILURE TO READ METERS. Where the Utility is unable to read a
meter after two successive tries, that fact shall be indicated on the
bill, the minimum charge applied and the difference adjusted when the
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computed with the gallons in each block of the rate schedule doubled, and
meter is read again; the bill for the succeeding quarter shall be
credit shall be given on that bill for the amount of the minimum bill
paid the preceding month.
Only in unusual cases or when approval is obtained from the
where the billing period is two months or more.
consumer shall more than two consecutive estimated bills be rendered
If the meter fails to operate, the bill shall be based on
average use during the corresponding quarter of the past year unless
cannot be properly employed, the bill shall be estimated by some
there is some reason why the use was not normal. If the average use
equitable method.
(11) TEMPORARY METERED SUPPLY. An applicant for temporary water
supply on a metered basis shall make a monetary deposit of not less than
$10.00 for each month installed. The charge for setting the valve and
furnishing and setting the meter shall be $35.00, so $25.00 of the $35.00
deposit shall be available to pay for the water used at the scheduled
rates.
the Utility to use a hydrant after such hydrant is equipped with a
Where no other supply is available, permission may be granted by
sprinkling valve. A charge of $25.00 shall be made for setting the valve
or moving it; and a $25.00 deposit shall be required for the hydrant
wheel and reducer. No valve shall be placed, removed or moved except by
an employee of the Utility. If the water is to be used through iron pipe
connections, all such pipe installations shall have a swing joint to
facilitate quick disconnection from the fire hydrant.
All monies deposited as security for payment of charges arising
from the used temporary water supply on a metered basis, or for the
return of a sprinkling valve wheel or reducer, if the water is used on an
unmetered basis, shall be refunded to the depositor on the termination of
and the undamaged return of the wheel and reducer.
the use of water, the payment of all charges levied against the depositor
(12) REPAIRS TO MAINS. The Utility reserves the right to shut off
water in the mains temporarily to make repairs, alterations or additions
to the plant or system. When the circumstances permit sufficient delay,
the Utility shall give notification by newspaper publication OK otherwise
of the discontinuance of the supply. No rebate or damages shall be
allowed to consumers for such temporary suspension of supply.
(13) HANDLING WATER MAINS AND SERVICE PIPES IN TRENCHES. Where
excavating machines are used in digging, all water mains shall be
maintained at the expense of the contractor.
location of all service pipes. Where they are removed, cut or damaged in
the construction, the contractor shall at his own expense cause them to
Contractors shall ascertain for themselves the existence and
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0 be replaced or repaired at once. Such repair shall not cause water
service to any consumer to be shut off more than six hours.
(14) SETTLING MAIN OR SERVICE TRENCHES. Trenches in streets shall
be refilled with approved granular back fill in accordance with State
highway specifications or City specifications where more restrictive.
The Contractor shall be responsible for repair of all settled trenches
for one year from date of completion.
(15) RELIEF VALVES. On all closed systems (i.e., systems having a
check valve, pressure regulator or reducing valve, water filter or
softener) an effective pressure relief valve shall be installed either in
the top tapping or the upper side tapping of the hot water tank, or on
the hot water distributing pipe connection at the tank. A 112" drain
pipe shall be connected to the relief valve for discharge on the floor or
into a sink or open drain through an air gap. No stop valve shall be
placed between the hot water tank and the relief valve or on the drain
pipe.
(16) NO CLAIMS FOR DAMAGES. No person shall enter a claim for
damages against the City, the Public Water Committee as a Utility or any
officer thereof for damage to any pipe, fixture or appurtenances by
reason of interrupted service, variation of pressure or for damage caused
by turning off or turning on, whether wholly or partially, the water
supply, or for the discontinuance of the premises water supply for
shall be allowed against the City on account of the interruption of the
violation of any rule or regulation of the Water Utility. No claims
water supply caused by the breaking of pipes or machinery or by stoppage
any damage caused by the breakage of any pipe or machinery.
for repairs from fire or other emergency. No claims shall be allowed for
(17) PURITY OF SUPPLY NOT TO BE IMPAIRED BY CROSS CONNECTIONS.
Every person owning or occupying a premises receiving City water supply
direct or indirect nature, with a water supply from a foreign source or
shall maintain such water supply free from any connection, either of a
oE any connection with any fixture or appliance, whereby water from a
foreign supply or the waste from any fixture, appliance, waste or soil
pipe may flow, be siphoned or pumped into the piping of the City water
sys tem.
(18) OPERATION OF VALVES AND HYDRANTS. Any person who shall,
without authority of the Committee, operate any valve connected with the
street or supply mains, open any fire hydrant connected with the
distribution system, except to extinguish fire, or who shall damage or
impair the same shall be subject to a forfeiture as provided herein.
Permits for use of hydrants to fill sprinkling carts apply only to
hydrants designated for such use.
(19) INSPECTION OF PREMISES. Any officer or authorized employee of
premises supplied with service, for inspection or enforcement of the
the Utility shall have the right of access during reasonable hours to any
Utility's rules and regulations. The Utility shall make a systematic
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0 inspection of all metered and unmetered water taps at least once every
three years to check waste and unnecessary use of water.
(20) VACATION OF PREMISES. Before premises are to be vacated, the
Utility shall be notified in writing, so it may remove the meter and shut
off the water at the curb valve. The owner of the premises shall be
notify the Utility of vacancy.
liable to prosecution for any damage to Utility property by failing to
(21) TAP PERMITS. After water connections have been made to any
building or upon any premises, no person shall have any tap or connection
with the pipe upon such premises for alterations, extensions or
attachments unless the person requesting such work shall have obtained
and shall exhibit the proper permits therefor from the Utility. Any
owner of a one-family home may perform work on his own premises' water
when he makes his application for the permit. All plumbing work, whether
system without a licensed plumber if such homeowner advises the Utility
performed by a licensed plumber or homeowner, shall be subject to the
State and local regulations regarding plumbing.
connection to the utility, the cost of such changes and related permits
are the responsibility of the property owner.
If any internal plumbing changes are required at the time of
(22) CONSUMERS TO CONSERVE WATER. Consumers shall keep the
hydrants, taps, water closets, urinals, baths or other fixtures allotted
responsible for any damage or injury that may result to others from the
to their use closed except when obtaining water for use and shall be
improper use of such water.
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(23) SURREPTITIOUS USE OF WATER. When the Utility has reasonable
evidence that a consumer is obtaining his water supply, in whole or in
part, by means of devices or methods used to stop or interfere with
property metering of the Utility service being delivered to his
equipment, the Utility reserves the right to estimate and present
immediately a bill for service unmetered as a result of such
interference. Such bill shall be payable subject to a 24-hour
disconnection of service. When the Utility has disconnected the
consumer's service for such reason, the Utility shall reconnect the
consumer's service upon the following conditions:
sufficient to guarantee payment of his bills for utility service.
(a) The consumer shall deposit with the Utility an amount
(b) The consumer shall pay the Utility for any damages to its
with its metering.
equipment on the consumer's premises due to such stoppage or interference
(c) The consumer shall agree to comply with reasonable requirements
to protect the Utility against further losses.
hereby adopted by reference and made a part of these rules.
598.26 and 5943.20, Wis. Stats., relating to water service are
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(24) CONSUMER TO KEEP IN REPAIR. Consumers shall keep their own
service pipes, stop cocks and apparatus in good repair and protected from
frost at their expense and shall prevent any unnecessary waste of water
and overburdening of the system. All expenses related to bringing water
into buildings or private premises and connections with the system shall
be paid by the applicant. No charge shall be made for the services of
the Commission employee to direct where and how the mains shall be tapped
and excavations made in the street €or laying pipe.
(25) CONSUMERS' USE ONLY. No consumer shall supply water to others
nor allow others to take it off his premises or to connect to the system.
(26) CONSUMER TO PERMIT INSPECTION. Each consumer shall permit the
Commission or its authorized agent, at any reasonable hour, to enter
their premises or building to examine pipes, fixtures and the manner in
which water is used and drains operate. Such consumers shall answer all
questions put to them relative to water consumption.
(27) TURNING ON SERVICES. Water shall not be turned on into any
building or private service pipe without a written order of the
authorized agent OK employee of the Utility. Plumbers are hereby
prohibited from turning water into any service pipe, except with
permission of such Commission or its agent. This rule shall not be
construed to prevent any plumber from admitting water to the pipes. When
consumer shall turn it on nor permit it to be turned on without written
the water has been turned off by order of the Utility or its agent, no
permission of such Utility or agent thereof.
(28) EXCAVATIONS. In making excavations in streets or highways to
lay service pipes or make repairs, the planks, paving and earth removed
shall be deposited to cause the least inconvenience to the public and
provide for passage of water along gutters.
any street or highway. At night, warning lights shall be maintained at
such excavations.
No person shall leave any open excavation without barricades in
In back filling the opening after the service pipes are laid,
the earth shall be laid in layers of not more than 9" in depth with each
be as specified by the Utility or its agent and may include but is not
layer thoroughly rammed or puddled to prevent settling. Back fill shall
limited to: spoil material, crushed road gravel or slurry material.
This work, together with replacing sidewalks, ballast and paving, shall
be done to make the street as good as before it was disturbed and to the
Street Superintendent's satisfaction. No excavations shall be made in
Superintendent or his designated agent. All sidewalks and pavements
the right-of-way without first obtaining a permit from the Utility
shall be saw cut to provide a neat edge.
(29) TAPPING MAINS. No person, except those with the Public Water
approved by it, shall tap into mains or distribution pipes or insert stop
Committee's special permission or persons in the Committee's service and
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a. malns shall be those specified in the permit or order from such
cocks or ferrules therein. The kind and size of connection with the
Committee.
joint 12" or another tap. Taps less than three feet apart shall be
staggered from each other a minimum angle of 30".
Mains shall be tapped on the side and not within 24" of any
be as established by the State Public Service Commission and the rates and
regulations so ordered are adopted as the rates and regulations of the
City and incorporated in this subchapter as part hereof. That any further
changes in rates and regulations ordered from time to time by the Public
subchapter as a part hereof.
Service Commission are adopted by the City and incorporated in this
28.05 WATER SERVICE RATES. That water rates and regulations will
(1) CHARGES TO BE LIEN ON REAL ESTATE. All water services, charges
and special assessments shall be a lien on the lot, part of a lot or real
estate on which service is supplied or available for service. All
charges accrued during the preceding year not paid by October 15th of the
following year shall be certified to the City Clerk and placed upon the
real estate tax roll for collection as provided by State Statutes.
(1.5) SPECIAL ASSESSMENTS. There may be levied from time to time
special assessments against certain properties benefitted by public work
or improvements to the water utility.
~ (2) MANDATORY HOOKUP. (a) The owner of each parcel of land
presently occupied and serviced or capable of being serviced by such
water system shall be hooked up to the water system with 30 days after
notification by the Committee. If unoccupied, hookup shall be before
occupancy. Such mandatory hookup shall apply to all buildings located
within the City capable of being served if said property is not served by
a private well which tests "safe" according to standards of the Wisconsin
State Department of Natural Resources and the Waukesha County Health
Department and to all new construction.
The owners of property whose wells test "safe" and whose
before July 1, commencing the first year following the year said property
properties are capable of being served by Municipal Water shall on or
performed by the Waukesha County Health Department of recognized private
is capable of being served, file with the Water Committee test results
testing laboratory, shoving that the water from such well is
bacteriologically safe. Testing such well shall be performed by a person
working for the testing laboratory from a sample obtained from the well
and he shall certify the test results.
Such well tests shall be required each year. If such test is
not performed by July I in any year, or the test results show the water ' to be bacteriologically unsafe, use of such well shall be immediately
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Water System. Such unsafe well shall be permanently sealed within 90
disconnected and the property immediately connected to the Municipal
days of notification to abandon by the Utility. Failure to permanently
seal such well shall subject the owner of the premises where such well is
located to the penalty section of this subchapter.
(b) The owner of each parcel of land required to hookup under
paragraph (a) which is not hooked up to such water system shall be
subject to a forfeiture for such violation. In addition to such
forfeiture, he shall pay the City Treasurer upon billing therefor an
amount equal to 95% of the minimum quarterly charge for water service of
the required size to be collected in the event of nonpayment as a special
assessment on the real estate tax bill.
(3) MAINTENANCE OF SERVICES. All water services within the City
from the street main to the curb stop, including all controls between the
owner, except when damaged as a result of negligence or carelessness of
same, shall be maintained by the Utility without expense to the property
the property owner, tenant OK owner's agent, where they shall be repaired
maintenance by the system to and throughout the premises shall be
at the property owner's expense. All water services from the point of
maintained free of defective conditions, by and at the expense of the
property owner or occupant. If the property owne~ does not repair a leak
between the curb stop and building within 24 hours, the water shall be
shut off until the repair is made.
(4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL WATER
SERVICE. (a) Since it is recognized that the entire private water
supply in the City has the potential for pollutions, the building
distribution system upon connection to the Municipal Water System shall
well shall be restructured to be used only for sprinkling lawns, washing
be completely severed from the private well. Thereafter, such private
cars and other outside uses not involving human consumption. If such
private well does not test "safe" according to standards of the State
Department of Natural Resources and Waukesha County Health Department,
such well shall be permanently sealed and abandoned in accordance with NR
112.21, Wis. Adm. Code.
outside chores not involving human consumption of water shall on or
(b) The owners of those wells testing "safe" and being utilized for
before July I, commencing the first year following the year of severance,
file with the Public Water Committee test results performed by the
Waukesha County Health Department or recognized private testing
safe. Testing such well shall be performed by a person working for the
laboratory, showing that the water from such well is bacteriologically
certify the test results.
testing laboratory from a sample obtained from the well and he shall
(c) Such well tests shall be required each year. If such test is
not performed by July 1, or the test results show the water to be
discontinued. Such unsafe well shall be permanently sealed by October 1
bacteriologically unsafe, use of such well shall be immediately
of the year tested. Failure to permanently seal such well shall subject
-10-
0 section of this subchapter.
the owner of the premises where such well is located to the penalty
(d) Once the private water supply has been severed from the
municipal system, there shall be no reconnection of said private supply
to the municipal system. After severance of the private well, no cross-
connection between the public and private system will be allowed. Those
Owners that desire to keep the private well in service shall install a
back flow preventer approved by the Utility. The back flow preventer
shall be installed in the outlet piping from the water meter and no
outlets shall be permitted between the water meter and the back flow
preventer. All Municipal water entering the building must pass through
other usage. Back flow preventers shall be installed and maintained in
the reduced pressure back flow preventer before being distributed for
compliance with Wisconsin Administrative Code ILHR 82.41.
permanently abandon well will notify the Utility of the date of the
(e) Permanent Abandonment Procedure. Owner intending to
entire process of abandonment. Owner will comply with NR112.21 (1) and
intended abandonment. The Utility will be permitted to fully inspect the
(31, Wisconsin Administrative Code. In the event the Owner of a private
well that has tested unsafe or has failed to obtain well permit refuses
or neglects to permanently abandon said well on or before September I of
each year, the Utility or its agents OK contractors may, without notice,
enter upon Owner's property and permanently seal said well in accordance
with NR112.21 (1) and (3), Wisconsin Administrative Code, and the cost
thereof shall be presented to the City Treasurer who shall place said
Wisconsin Statutes. Any person who shall attempt to abandon said well
amount on the tax roll as a special charge pursuant to 566.60 (161,
without having first notified the Utility shall be subject to the
requirement of furnishing the Utility proof of proper compliance vith NR
unable to furnish satisfactory proof to the Utility that said well was
112.21 (1) and (31, Wisconsin Administrative Code. In the event owner is
properly abandoned under said Administrative Code provision, the Utility
shall have the right to enter upon the property and perform all necessary
tasks to verify that the abandonment of said well was done under the
Administrative Code procedure and specifications. Any and all costs
presented to the City Treasurer who shall place said amount on the tax
incurred by the Utility in permanently sealing said well shall be
roll as a special charge pursuant to §66.60 (16), Wisconsin Statutes.
to be constructed only under the following conditions:
(f) Permit Procedure for New Wells. New wells will be permitted
1. Said new well must be located in an area where municipal water
service is not available and cannot readily be made available.
2. Owner or applicant applies to the City and Utility and receives
a permit for the construction of the new well.
3. The new well is constructed in complete conformity with State
and local regulations and codes. The Owner of the new well, before it b"J will be permitted to be put into human use and consumption, will furnish
-11-
..
e conviction therefor forfeit not less than $25.00 nor more than $250.00
plus costs of prosecution. In default of payment of such forfeiture and
costs, he shall be imprisoned in the County Jail until payment of such
forfeiture and costs of prosecution, but not exceeding 90 days for each
violation. If the violation continues, each day the violation is allowed
to continue shall be considered a separate violation.
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._ CT
be severa "
SE ION
ble. - 2: The several sections of this ordinance are declared If any section or ort ti on thereof shall be declared by
to
ord
ord
and
decision of a court of competent jurisdiction to be invalid, unlawful or
unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portions thereof of the
ordinance which shall remain in full force and effect. Any other
inance whose terms are in conflict with the provisions of this
inance are hereby repealed as to those terms that conflict.
.a
SECTION 3: This ordinance shall be in full force and effect from
after its passage and publication.
PASSED AND APPROVED THIS 12th DAY OF
"""
1986.
*layor
ATTEST :
ORDINANCE # 543 - """ i'
AN ORDINANCE TO AMEND CHAPTER 28 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
/
THE COMMON COUNCIL OF THE CITY OF MUSKEGO i 'WISCONSIN, DO ORDAIN AS
FOLLOWS :
SECTION 1:
Muskego is amen
WATER UTILITY
28.02 CONTROL FACILITIES AND OWNERSHIP. (1) CONTROL,OF WATER
UTILITY. The City hereby creates and establishes a water ut"i1itv for the
City. The management, operation and control of such water>'system is
vested in the Common Council provided the management and "operation of
subject to the ultimate control by the Common Council.,. All records,
such water system shall be performed by the Public Water Committee
minutes, written proceedings and financial records shall be kept and
maintained by the City.
4
/
(2) FACILITIES AND OWNERSHIP. The water utihity shall consist of
deep wells, storage tanks, distribution facilitie's, including fire
hydrants, fountains and other facilities requir,e'd in connection
therewith. The City, acting through the Common Council and Public Water
Committee, shall have the power to lay mains lthrough alleys, streets and
acquire and install required facilities and ,to do all such work as
necessary or convenient in the management o:f the water system. The
Mayor, Alderman, or their officers, agents?and employees shall have the
right to enter upon any land to examine or supervise in the performance
of their duties under this subchapter wiEhout liability therefor. The
Common Council shall have the power to P'urchase for the City all real and
any repair, remodeling or additions thereto.
personal property necessary for construction of the water system or for I
il
0
I
(3) CONDEMNATION OF REAL ESTAT.E. Whenever any real estate or
easements therein or use thereof sh'a11, in the judgment of the Common I
Council, be necessary to the operalion of the water system and whenever
an agreement for purchase cannot be made with the owner thereof, the
Common Council shall proceed with all necessary steps to take such real
estate or easement by condemnati.on in accordance with State Statutes.
(4) TITLE TO REAL ESTATE AND PERSONALITY. All property, real,
personal and mixed, acquired ,for construction of the water system, all
plans, specifications, diagrams, papers, books and records connected
therewith and all buildings,, machinery and fixtures pertaining thereto
shall be City property.
28.03 CONSUMER RULES AND REGULATIONS. The rules, regulations and
water rates of the water system of the City set forth herein shall be
water through the water system. Such person by taking water or
considered a part of the contract with each person who is supplied with
and be bound thereby. 'Whenever any such rules and regulations or such
connecting with such system shall be considered as expressing his assent
conditions as the Common Council or Public Water Committee may hereafter
adopt are violated, the water shall be shut off from the building or
water through the same pipe, and shall not be turned on again except by
place of such violation, even though two or more parties are receiving
order of the Public Water Committee after payment of all arrears,
other terms as th'e Committee may determine. These rules shall conform to
expenses and established charges of shutting off, turning on and such
the established rules and regulations of the State Public Service
violation, the appropriate authority may declare any payment made for the
Commission or State Statutes applicable thereto. In case of such
water by the party committing such violation to be forfeited. The Common
Council OK Public Water Committee has the right to change such rules,
regulations and water rates from time to time as they may'deem advisable
and to make special rates and contracts in all property cases, subject to
the authority of the Wisconsin Public Service Commissiop.
28.04 OPERATING RULES. (1) ESTABLISHMENT OF SERVICE. (a)
Customers to Be Subject to PSC Rules. All persons who may hereafter
receive water from the Water Utility or who may her,eafter make
application therefor, shall be considered as having agreed to be bound by
rules and regulations as filed with the Public Se,<vice Commission of
Wisconsin.
writing on a form furnished by the Public Wate,r Committee. The
application shall contain a legal description of the property to be
served, including tax key number, name of applicant, use to be made of
service and such other information as the Ujility may require.
(b) - Application. """_ Application for water s'ervice shall be made in
(c) Conditions for Service. Service' shall be furnished only if:
1. Applicant has installed or agr5es to install a service pipe from
the water main in the street to the poiht of use laid not less than
feet below the surface of an established or proposed grade and according
to the Utility's specifications, 0 "_"
1
2. Applicant pays required hookup charge, and
3. Premises have adequate piping beyond metering point.
4. Applicant shall pay any 'reserve capacity charges which the City
I
shall deem reasonable and necessary.
(d) Multi-Unit Meteris.,; The owner of a multi-unit dwelling has
the option of being served by, individual metered water service to each
unit. The owner, by selectin'g this option, shall provide interior
unit and individual disconnection without affecting service to other
plumbing and meter settings to enable individual metered service to each
customer for the purpose .of the filed rules and regulations. The Owner
units. Each meter and meter connection shall be a separate water utility
is responsible for and subject to Section 28.03 of this ordinance.
(e) Division of Water Service Prohibited. No division of the
water service of any lot or parcel of land shall be made for extension
and independent meterage of the supply to an adjoining lot or parcel of
land. No division of a water supply service shall be made at the curb
for separate supplies therefrom for two or more separate premises having
frontage on any street or public service strip whether owned by the same
or different oarties.
-2-
(f) Ap~oval May Be Withheld. The Committee is hereby empowered 0 to withhold approval of any application wherein full information of the
purpose of such supply is not clearly set forth by the applicant property
owner.
i
',*'
(2) SERVICE CONTRACT. The minimum service contract period I shall be
one year unless otherwise specified by special contract or i:b the
applicable rate schedule. Where a customer at this requesrthas been
his account is not delinquent and where thereafter he req'uests the
disconnected prior to expiration of his minimum contract period, where
advance shall be collected. The minimum contract peridd is renewed with
reconnection of service, a reconnection charge of $ / payable in
each reconnection. 2
iy
There shall be a reconnection charge of $ / for consumers
whose services are disconnected of bills when due,
including disconnection for OK guarantee
A person shall be considered as the consumer provided the
rules.
reconnection is required for the same any member of the same
family, or if a place of business, by or employee of the same
(3) TURNING ON WATER. a consumer
business.
except by an authorized
completed his work, he
may test his work, but
water shut off.
(4) STOP BOXES.
property and shall
The Utility shall
off water in case of a
shall allow access
personnel at all times.
(5) THAWING FROZEN SERVICES./(a) Frozen services shall be thawed
out by and at the expense of the Utility unless freezing was caused by
contributory fault or negligencejby the consumer such as reduction of
grade, improperly installed cons'umer service pipe, etc.
i
k (b) Following freezing o;f a service, the Utility shall take such
steps and issue such instructions as may be necessary to allow the water
to flow to prevent refreezing', the consumer shall make provision for
proper disposal of the waste'water. The charge for water shall be
adjusted to allow a permitted to run as a result of
Utility instructions. will not be allowed if ordered to run due
to negligence or fault in (5)(a) above.
(6) INSTALLATION Meters shall be furnished and placed
consumer. All they are protected from
by the Utility or tampered with by the
-3-
obstructions and permit ready access thereto for reading, inspection and
servicing, such location to be designated or approved by the Ueility
Superintendent. All piping within the building shall be supplied by the
consumer. Where additional meters are desired by the consumer, he shall
pay for all piping and an additional amount sufficient to cover the cost
of maintenance and depreciation, but not less than c p.er month. The
consumer shall allow access to the meter by the Utility on a regular and
reasonable basis in order to read the meter.
"
I I*
(7) SERVICE PIPING FOR METER SETTINGS. Where ajew customer whose 2-
service is to be metered installs the original servic,& piping, where an
existing metered customer changes his service pipingifor his own
convenience or where and existing flat rate customeK requests to be
metered, the customer shall at his expense provide'a suitable location
and proper meter connections.
?
The Water Superintendent shall be consuited as to the type and
size of meter setting. Where it is possible to set meters in the
basement or other suitable place within the building, a short nipple
shall be inserted after the stop and waste co 'k, then a union, and then
another nipple and coupling oE the proper lendgth. The nipple attached to
c
'i'
the union and coupling shall provided by the
plans of the Superintendent run of 18" in
such pipe line) which may of the meter
into the supply line.
(8) REPAIRS TO
The cost of such repairs caused by wear and tear shall be borne
by the Utility.
premises, his agents
Repair of any damage of the owner of the
properly secure and protect same, including any damage that may result
presence oE hot water or steam in t.he meter, shall be paid for by the
from allowing a water meter to becoqe frozen or to be injured from
consumer or the owner of the premises should the consumer fail to pay.
(9) CHARGES FOR WATER WASTqb DUE TO LEAKS. When the meter
I
I
registers losses due to pipe leaks, the Utility shall determine whether
the defect in the piping or known to the customer or, being
known, he had used his best the conditions. If the
Utility determines that the without the consumer's
knowledge, or having known tried to correct the
condition, the Utility may determine as nearly as possible what is the
amount of loss by comparison/with the use of the water during a like
f
period, and the excess $e billed at the lowest step in the rates.
However, if the ew of the leak and failed to give proper
attention to it, shall bill for the total consumption shown
by the meter at
(10) FAILURE TO READ METERS.
meter after two successive tries, /. that fact shall be indicated
Where the Utility is unable to
on
read a
the
-4-
bill, the minimum charge applied and the difference adjusted when the
meter is read again; the bill for the succeeding quarter shall be
computed with the gallons in each block of the rate schedule doubled, and
credit shall be given on that bill for the amount of the minimum bill
paid the preceding month. I
consumer shall more than two consecutive estimated bills be rendered
Only in unusual cases or when approval is obtain,ed from the
where the billing period is two months or more. I
If the meter fails to operate, the bill shall be based on
average use during the corresponding quarter of the ,',st year unless
there is some reason why the use was not normal. If' the average use
cannot be properly employed, the bill shall be estimated by some
equitable method.
(11) TEMPORARY METERED SUPPLY. An applicamt for temporary water
supply on a metered basis shall make a monetary/deposit of not less than
furnishing and setting the meter shall be $ so $ of the
scheduled rates.
$ for each month installed. The charge/' for setting the valve and
deposit shall be available to pay for the water used at the
/ '.' 1
Where no other supply is available, permission may be granted by
the Utility to use a hydrant after such h$rant is equipped with a
sprinkling valve. A charge of $ shall be made for setting the
valve OK moving it; and a $ depo,Blt shall be required for the
hydrant wheel and reducer. No valve shi'll be placed, removed or moved
except by an employee of the Utility. )If the water is to be used through
iron pipe connections, all such pipe i,hstallations shall have a swing
joint to facilitate quick disconnectii'n from the fire hydrant.
4,
All monies deposited as sec,$rity for payment of charges arising
P
from the used temporary water supply on a metered basis, or for the
return of a sprinkling valve wheel ,'or reducer, if the water is used on an
unmetered basis, shall be refunded to the depositor on the termination of
and the undamaged return of the wheel and reducer.
the use of water, the payment of ,kll charges levied against the depositor
(12) REPAIRS TO MAINS. TI?e Utility reserves the right to shut off
water in the mains temporarily to make repairs, alterations or additions
to the plant or system. Whenkthe circumstances permit sufficient delay,
the Utility shall give notiflgation by newspaper publication or otherwise
of the discontinuance of theisupply. No rebate or damages shall be
allowed to consumers for su,?h temporary suspension of supply.
(13) HANDLING WATER diINS AND SERVICE PIPES IN TRENCHES. Where
excavating machines are in digging, all water mains shall be
maintained at the the contractor.
themselves the existence and
they are removed, cut or damaged in
his own expense cause them to
-5-
0 be replaced OK repaired at once. Such repair shall not cause water
service to any consumer to be shut off more than six hours.
(14) SETTLING MAIN OR SERVICE TRENCHES. Trenches in streets shall
be refilled with approved granular back fill in accordance with State
highway specifications or City specifications where more restrictive.
The Contractor shall be responsible for repair of all settled trenches
for one year from date of completion.
(15) RELIEF VALVES. On all closed systems (i.e., systems having a
check valve, pressure regulator or reducing valve, water filter or
softener) an effective pressure relief valve shall be installed either in
the top tapping or the upper side tapping of the hot water tank, or on
the hot water distributing pipe connection at the tank. A 112'' drain
pipe shall be connected to the relief valve for discharge on the floor or
placed between the hot water tank and the relief valve or on the drain
into a sink or open drain through an air gap. No stop valve shall be
pipe.
(16) NO CLAIMS FOR DAMAGES. No person shall enter a claim for
damages against the City, the Public Water,'Committee as a Utility or any
officer thereof for damage to any pipe, fixture OK appurtenances by
reason of interrupted service, variation!'of pressure or for damage caused
by turning off OK turning on, whether wtfolly or partially, the water
supply, or for the discontinuance of th.e premises water supply for
violation of any rule OK regulation of'the Water Utility. No claims
shall be allowed against the City on iccount of the interruption of the
water supply caused by the breaking ff pipes or machinery or by stoppage
for repairs from fire or other emergjency. No claims shall be allowed for
any damage caused by the breakage of any pipe or machinery.
(17) PURITY OF SUPPLY NOT TO BE IMPAIRED BY CROSS CONNECTIONS. /
Every person owning or occupying a premises receiving City water supply
direct or indirect nature, with a water supply from a foreign source or
shall maintain such water supply free from any connection, either of a
of any connection with any fixtu're or appliance, whereby water from a
foreign supply or the waste from any fixture, appliance, waste or soil
pipe may flow, be siphoned or pumped into the piping of the City water
system.
(18) OPERATrON OF VALVES' AND HYDRANTS. Any person who shall,
without authority of the Committee, operate any valve connected with the
street or supply mains, open any fire hydrant connected with the
distribution system, except to extinguish fire, or who shall damage or
Permits for use of hydrants to fill sprinkling carts apply only to
impair the same shall be s,ubject to a forfeiture as provided herein.
hydrants designated for s,uch use.
(19) INSPECTION 0F;PREMISES. Any officer or authorized employee of
the Utility shall have the right of access during reasonable hours to any
premises supplied with ,service, for inspection or enforcement of the
Utility's rules and regulations. The Utility shall make a systematic 0
-6-
inspection of
three years t o check waste and unnecess
all metered and unmetered
ary use of water.
water taps at least once every
(20) VACATION OF PREMISES. Before premises are to be vacated, the
Utility shall be notified in writing, so it may remove the meter and shut
off the water at the curb valve. The owner of the premises shall be
notify the Utility of vacancy.
liable to prosecution for any damage to Utility property by failing to
(21) TAP PERMITS. After water connections have been made to any
building or upon any premises, no person shall have any ,tap or connection
with the pipe upon such premises for alterations, exteqiions or
attachments unless the person requesting such work shall have obtained
and shall exhibit the proper permits therefor from th.e Utility. Any
owner of a one-family home may perform work on his gwn pr'emises' water
system without a licensed plumber if such homeowne5,'advises the Utility
when he makes his application for the permit. Allfplurnbing work, whether
performed by a licensed plumber or homeowner, shall be subject to the
State and local regulations regarding p1umbing.f
3
(22) CONSUMERS TO CONSERVE WATER. Consum$rs shall keep the
hydrants, taps, water closets, urinals, bathsj'or other fixtures allotted
to their use closed except when obtaining ,,.fer for use and shall be
responsible for any damage or injury that ma'y result to others from the
improper use of such water. i' (23) SURREPTITIOUS USE OF WATER. Whin the Utility has reasonable
evidence that a consumer is obtaining hi,s' water supply, in whole or in
part, by means of devices or methods usdd to stop or interfere with
property metering of the Utility servide being delivered to his
equipment, the Utility reserves the riiiht to estimate and present
immediately a bill for service unmetered as a result of such
interference. Such bill shall be pajable subject to a 24-hour
disconnection of service. When the ,Utility has disconnected the
consumer's service for such reason,'the Utility shall reconnect the
consumer's service upon the fo1lowC'ng conditions:
i
(a) The consumer shall deposit with the Utility an amount
sufficient to guarantee payment of his bills for utility service.
I
(b) The consumer shall pad the Utility for any damages to its
with its metering.
equipment on the consumer's pre'mises due to such stoppage or interference
(c) The consumer shall agree to comply with reasonable requirements
to protect the Utility against further losses.
§98.26 and $943.20, Wis. Stats., relating to water service are
hereby adopted by reference and made a part of these rules.
(24) CONSUMER TO KEEP IN REPAIR. Consumers shall keep their own
service pipes, stop cocks and apparatus in good repair and protected from
frost at their expense and shall prevent any unnecessary waste of water
- J-
and overburdening of the system. All expenses related to bringing water
be paid by the applicant. No charge shall be made for the services of
into buildings or private premises and connections with the system shall
the Commission employee to direct where and how the mains shall be tapped
and excavations made in the street for laying pipe.
(25) CONSUMERS' USE ONLY. No consumer shall supply ,water to others
nor allow others to take it off his premises or to connect to the system.
(26) CONSUMER TO PERMIT INSPECTION. Each c0nsume.r shall permit the
Commission or its authorized agent, at any reasonable) hour, to enter
their premises or building to examine pipes, fixturea and the manner in
which water is used and drains operate. Such consu,mers shall answer all
questions put to them relative to water consurnptio,d.
building or private service pipe without a writden order of the
authorized agent or employee of the Utility. P'lumbers are hereby
prohibited Erom turning water into any service'pipe, except with
permission of such Commission or its agent. ,This rule shall not be
construed to prevent any plumber from admitting water to the pipes. When
consumer shall turn it on nor permit it to;be turned on without written
the water has been turned off by order of the Utility or its agent, no
permission of such Utility or agent thereo>f.
(27) TURNING ON SERVICES. Water shall not pe turned on into any
/ ,
lay service pipes or make repairs, the dlanks, paving and earth removed
(28) EXCAVATIONS. In making excavafions in streets or highways to
shall be deposited to cause the least ihconvenience to the public and
provide for passage of water along gutters. /
No person shall leave any op'en excavation without barricades in
any street or highway. At night, wakning lights shall be maintained at
such excavations.
the earth shall be laid in layers 'of not more than 9" in depth with each
layer thoroughly rammed or puddled to prevent settling. Back fill shall
be as specified by the Utility 07 its agent and may include but is not
limited to: spoil material, cru'shed road gravel or slurry material.
This work, together with replacing sidewalks, ballast and paving, shall
be done to make the street as good as before it was disturbed and to the
Street Superintendent's satisfaction. No excavations shall be made in
the right-of-way without firs't obtaining a permit from the Utility
Superintendent or his designated agent. All sidewalks and pavements
shall be saw cut to provide a neat edge.
In back filling the opening after the service pipes are laid,
/
(29) TAPPING MAINS. 7'0 person, except those with the Public Water
Committee's special permi,ssion or persons in the Committee's service and
approved by it, shall tap into mains or distribution pipes or insert stop
mains shall be those sp'ecified in the permit or order from such
cocks or ferrules therei'n. The kind and size of connection with the
Commit tee.
1.
-a-
joint 12" or another tap. Taps less than three feet apart shall be
staggered from each other a minimum angle of 30". A'
Mains shall be tapped on the side and not within 24" o,f' any
28.05 WATER SERVICE RATES. The following water
regulations prescribed by the State Public
""" """"""B 19" City and incorporated into this subchapter as a part
dated the day of
(1) CHARGES TO BE charges
and special assessments shall be a of a lot or real
estate on which service is supplied
charges accrued during the y October 15th of the
following year shall be certified and placed upon the
real estate tax roll for collection as State Statutes.
(2) MANDATORY HOOKUP. (a) The owner oY each parcel of land
system with 30 days after
to all buildings located
being serviced by such
notification by the hookup shall be before
property is not served by
standards of the Wisconsin
The owners and whose
shall on or
Such well tests sh,ill be required each year. If such test is
not performed by
disconnected and the property immediately connected to the Municipal
to be bacteriologically u~safe, use of such well shall be immediately
Water System. Such unsafe well shall be permanently sealed within 90
days of notification to abandon by the Utility. Failure to permanently
seal such well shall s,ubject the owner of the premises where such well is
located to the penalty' section of this subchapter.
""""I
i'n any year, or the test results show the water
/'
paragraph (a) whic? is not hooked up to such water system shall be
subject to a forfe'ture for such violation. In addition to such
forfeiture, he shall pay the City Treasurer upon billing therefor an
amount equal to f5% of the minimum quarterly charge for water service of
assessment on tde real estate tax bill.
the required size to be collected in the event of nonpayment as a special
(b) The owner of each parcel of land required to hookup under /
f
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0
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e
(3) MAINTENANCE OF SERVICES. All water services within the City
same, shall be maintained by the Utility without expense to the property
from the street main to the curb stop, including all controls between the
owner, except when damaged as a result of negligence or carelessness of
the property owner, tenant or owner's agent, where they shalf be repaired
at the property owner's expense. All water services from ,the point of
maintenance by the system to and throughout the premises shall be
maintained free of defective conditions, by and at the of the
property owner or occupant. If the property owner a leak
between the curb stop and building within 24 hours,
shut off until the repair is made.
/ k
(4) USE OF PRIVATE WELLS UPON CONNECTION TO YtINICIPAL WATER
SERVICE. (a) Since it is recognized that the ensfire private water
supply in the City has the potential for pollutighs, the building
distribution system upon connection to the Muniqipal Water System shall
well shall be restructured to be used only sprinkling lawns, washing
be completely severed from the private such private
cars and other outside uses not If such
private well does not test
Department of Natural
such well shall be
112.21, Wis. Adm. Code.
(b) The
outside chores
severance,
the
before """I commencing the first following the year of
certify the test results. !i
not performed by
bacteriologically unsafe, use df such well shall be immediately
discontinued. Such unsafe wel.'l shall be permanently sealed by
of the year tested. Failure to permanently seal such well shall subject
section of this subchapter.!
the owner of the premises wh!ere such well is located to the penalty
(c) Such well tests shal1,be required each year. If such test is
or the test results show the water to be
/
(dl Once the private water supply has been severed from the
municipal system, there shall be no reconnection of said private supply
to the municipal system After severance of the private well, no cross-
connection between the publlc and private system will be allowed. Those
Owners that desire to k'eep the private well in service shall install a
back flow preventer aphroved by the Utility. The back flow preventer
shall be installed in the outlet piping from the water meter and no
outlets shall be per itted between the water meter and the back flow
preventer. All Municipal ?. water entering the building must pass through
the reduced pressure back flow preventer before being distributed for
other usage.
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r:
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Wisconsin Administrative Code ILHR 82.4
Back flow preventers shall be installed
1.
and maintained in compliance with
(e) Permanent Abandonment Procedure. Owner intending to
permanently abandon well will notify the Utility of the date of the
entire process of abandonment. Owner will comply with NR112.21 (1) and
intended abandonment. The Utility will be permitted to fully inspect the
(3), Wisconsin Administrative Code. In the event the Owner of a private
well that has tested unsafe or has failed to obtain well permit refuses
or neglects to permanently abandon said well on OK beEore September 1 of
each year, the Utility or its agents or contractors ,gay, without notice,
with NR112.21 (1) and (31, Wisconsin Adrninistrativ,y'Code, and the cost
enter upon Owner's property and permanently seal sai'd well in accordance
thereof shall be presented to the City Treasurer who shall place said
Wisconsin Statutes. Any person who shall attemp"t to abandon said well
amount on the tax roll as a special charge pursu<nt to 566.60 (16),
without having first notified the Utility shal$be subject to the
requirement of furnishing the Utility proof of, proper compliance with NR
112.21 (1) and (3), Wisconsin Administrative:kode. In the event owner is
unable to furnish satisfactory proof to the ;Utility that said well was
properly abandoned under said Administrativ:e Code provision, the Utility
shall have the right to enter upon the propperty and perform all necessary
tasks to verify that the abandonment of s ld well was done under the
Administrative Code procedure and specifrcat~ons. Any and all costs
incurred by the Utility in permanently pealing ,7 said well shall be
presented to the City Treasurer who shgil place said amount on the tax
roll as a special charge pursuant to 566.60 (161, Wisconsin Statutes.
?
F
1' .
\- I - /
(f) Permit Procedure for New W 11s. New wells will be permitted
to be constructed only under the fo.lowing conditions: p
1. Said new well must be ted in an area where municipal water
service is not available and readily be made available.
2. Owner or applicant to the City and Utility and receives
a permit for the construction o& the new well. J 3. The new well is constructed in complete conformity with State
and local regulations and codes. The Owner of the new well, before it I
will be permitted to be put human use and consumption, will furnish
to the City and Utility testing
laboratory that said safe.
4. All new
permitted on the
water is
September 30 and Decdmber 31. The property owner is held responsible for
\-j all water bills on the real estate he owns. All water bills and notices
-11-
. ".
0.
0
SECTION 2: The several sections of this ordinance ke declared to
decision of a court of competent jurisdi id, unlawful or
be severable. If any section or portion declared by a
portion thereof directly specified in th
unenforceable, such decision shall apply ific section or
validity of all other provisions, sectio ns thereof of the
d not affect the
ordinance which shall remain in full for
ordinance whose terms are in conflict with the
ordinance are hereby repealed as to those term
visions of this
at conflict.
SECTION 3: This ordinance shall be
and after its passage and publication.
PASSED AND APPROVED THIS DAY
"""
198 . -
ATTEST :
CHARLOTTE L. STEWART, Clerk /
,