[Adopted 8-5-1997 by Ord. No. 97-1461 as
Ch 14. of the 1997 Code]
The Water Utility of the City shall be managed
and operated by a Board of Water Commissioners.
A.
Members and terms. There is hereby established a nonpartisan
Board of Water Commissioners to consist of five members. Commissioners
shall be appointed by the Mayor and confirmed by no less than 2/3
of the entire membership of the Common Council for a term of five
years, commencing October 1 of the year in which they are elected.
Upon creation of such Board, the initial terms of office shall be
one, two, three, four and five years for the respective members, and
thereafter five years for each member so appointed. The Commissioners
shall receive no compensation except expenses unless otherwise provided
by ordinance.
B.
Oath and bond. Within five days after the beginning
of his or her term of office, the person appointed shall file with
the City Clerk his or her oath of office and bond.
[Amended 3-5-2002 by Ord. No. 2002-1708]
C.
Officers. The members of the Board of Water Commissioners
shall elect from their number a President and a Secretary, whose term
of office shall be for a period of one year. At the first meeting
after the first of October of each year, these officers shall be duly
elected by the Commissioners.
D.
Meetings. The Board of Water Commissioners shall meet
at least once each month. Special meetings may be held at any time
on the call of the President or by members of the Board, who shall
so direct the Secretary to call such special meeting. A minimum of
three calendar days' notice, in writing or by telephone, shall be
given each Commissioner at his or her place of residence, unless a
special meeting is held at which all Commissioners are present and
waive notice of the time for such special meeting and consent to the
holding thereof without notice.
E.
Quorum. The majority of the Board shall constitute
a quorum, and such quorum shall be necessary for the transaction of
any business.
F.
Duties. The Board of Water Commissioners shall take entire charge and management of the Water Utility and Water Department of the City, employ a manager and fix his or her intention. The Board of Water Commissioners may employ the services of other City officials in accordance with Subsection L of this section, and may employ and shall be responsible for the compensation of all of its subordinate employees.
G.
Powers. The Board of Water Commissioners shall have
complete charge of construction, extension, improvement, operation
and maintenance of the Water Utility, subject to the powers and jurisdiction
fixed by law and the ordinances of the City and the rules of the Public
Service Commission. It may purchase sites and make, prepare and adopt
plans, designs and specifications for buildings, machinery, apparatus
and the laying of mains and appliances required for the proper functioning
of the Utility. The Board shall have such other powers and duties
as may be granted to it by law or by ordinance of the City.
H.
Limitations of powers. The Board shall be limited
only in the case where a capital investment requires the borrowing
of money which will become a general obligation of the City. For this
limitation, the consent of the City Council shall first be required.
I.
Accounts. Books of account shall be kept in the manner
and form prescribed by the Public Service Commission and shall be
open to public inspection at the place prescribed by the Board of
Water Commissioners. All accounts shall be audited by the Board and
approved by the same.
J.
Receipts. All receipts of the Water Utility shall
be deposited with the City Treasurer, who will be the appointed bonded
cashier for the Board. Such bonding shall be in the amount of not
less than $5,000 and approved by the Board and paid for by the Water
Utility. A separate fund of all such receipts shall be kept and maintained
at financial institutions designated by the Board.
K.
Expenses and disbursements. All departmental expenditures
shall be approved by the Board of Water Commissioners and signed by
the President and Secretary of the Board, and shall be paid by the
City Clerk and Treasurer in the manner provided by § 66.0607,
Wis. Stats., and in the manner following: order check shall be issued
by the City Clerk upon the filing with the City Clerk of certified
and approved bills, vouchers or schedules signed by the President
and Secretary of the Board, giving the name of the claimant or payee
and the amount and nature of each payment.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(1)
Absent
a meeting of the Board of Water Commissioners, approval of the voucher
list by the President, and, in the absence of the President, the Secretary,
is sufficient authorization for the City Treasurer to release payment
of vouchers. Any list of vouchers approved in this manner shall be
provided to the Commissioners at the next regularly scheduled Board
of Water Commissioners meeting.
[Added 10-17-2017 by Ord.
No. 2017-2296]
L.
Utilization of City employees. The Board of Water
Commissioners, when necessary, may utilize the services of the Director
of Public Works, City Engineer, City Attorneys and other officials
and employees of the City. All City officials and employees of the
City performing services for the Water Utility shall present monthly
stats, properly documented, to the Water Utility for approval. The
general fund of the City shall be reimbursed by the Water Utility
for the cost of such services by City officials and employees. The
basis for such service shall be as mutually agreed upon or determined
by the City Council.
M.
Rules; compliance. The Board of Water Commissioners
may make all necessary rules governing its own proceedings and for
the governing of the Water Utility, which rules shall not contravene
any laws of the state or ordinances of the City. Furthermore, all
persons not receiving a water supply from the City Water Utility,
or who may hereafter make application therefor, shall be considered
as having agreed to be bound by the rules and regulations as filed
with the Public Service Commission and the provisions of this section.
N.
Report to City Council. The Board of Water Commissioners
shall submit to the City Council on or before July 1 of each year
and at such other times as may be directed by the Council, an audited
financial report prepared by an independent certified public accountant
for the preceding year and such other information as may be determined
essential to inform the Council of the conditions of the Water Utility.
A.
The assessment for storm and/or sanitary sewer mains installed on public property abutting private property shall be based upon the actual frontage of the property, except as provided in Subsection B. The owner or his or her agent or heirs of such property shall be assessed on a unit cost as determined by the Council for each storm and/or sanitary sewer project for each lineal foot of assessable frontage.
B.
The assessment for storm and/or sanitary sewer mains installed on public property abutting pie-shaped lots in a recorded subdivision or short frontage lots shall be based upon the actual frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The owner of a property having no frontage, but who can connect to the storm and/or sanitary sewer by obtaining an easement, shall also be assessed on the basis of a minimum 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewer shall be on a basis as determined in Subsection A above.
C.
The assessment for storm and/or sanitary sewer mains installed on public property abutting nondivisible single-family or two-family residential lots, whose rear lot line width is less than 75% of the front lot line width, shall be based upon an assessment frontage which equals the average of the front lot line width and the rear lot line width, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewer mains shall be on a basis as determined in Subsection A above.
D.
The assessment for storm and/or sanitary sewer mains installed on public property abutting both sides of nondivisible single-family or two-family residential corner lots shall be based upon the actual short side frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewers shall be as determined in Subsection A above.
E.
The assessment for storm and/or sanitary sewers installed on public property abutting both sides of divisible single-family or two-family residential lots or lots other than single-family or two-family corner lots shall be based upon the actual short side frontage of such lots, plus that portion of the actual long side frontage of such lots in excess of 150 feet. The unit front foot cost of the storm and/or sanitary sewers shall be as determined in Subsection A above.
F.
In addition to the method of assessing a storm and/or
sanitary sewer project on the basis of unit cost per lineal feet of
assessable frontage, the Council may at its discretion assess a storm
and/or sanitary sewer project on the basis of an area assessment or
a combination of an area assessment and a front foot assessment.
A.
When lift stations, force mains and appurtenances
are to be installed to service an area which cannot be served by gravity-type
sanitary sewer mains, the cost of such lift stations, force mains
and appurtenances shall be apportioned between the property benefited
by such installation on a unit basis. For purposes of this section,
a "unit" shall be defined as a single-family unit, apartment or condominium.
If the lands are undeveloped, the engineer shall determine how many
units can be created on the basis of the zoning in existence at the
time such installation is to be installed. He or she shall further
use information acquired from any proposed subdivisions or planned
unit developments that have been submitted for approval for the area
in question to arrive at the total number of units to determine the
unit cost of assessment for such special assessment.
B.
The Council may at its discretion use other methods
of special assessments to assess the costs of any lift station, force
main and appurtenance to the area or other unusual installations to
the property receiving the benefits of such installations. Such method
of special assessments shall be set forth at the public hearing for
the public improvements required by law.
The assessment for sanitary sewer laterals installed
from the main sewer to the private property line shall be based upon
an accepted contract bid price quotation plus 16% for administrative,
engineering and inspection fees. The owner or his or her agent or
heirs of such property shall be assessed a lump sum for each lateral
installed.
A.
All existing buildings and all buildings hereafter erected connecting to the sanitary sewer system of the City, except as set forth under § 207-27B of this Code pertaining to sanitary sewer extensions in the Southwest Sanitary Sewer Service Area served by the Ryan Creek Interceptor public sanitary sewer, shall pay at the time application is made for sewer connection a connection fee as follows:
[Amended 5-21-2013 by Ord. No. 2013-2105]
(1)
For all single-family dwellings, a minimum charge
of $600.
(2)
For multifamily dwellings, an initial charge of $600
for one living unit in a multifamily dwelling and an additional $300
for each additional living unit erected in the same multifamily dwelling.
(3)
All commercial buildings, manufacturing buildings,
industrial buildings, schools, churches or any other structure for
which a request for connection shall be made shall pay a minimum fee
of $600 for such connection. If such structure shall have a water
main connection thereto greater than one inch in diameter, an additional
fee of $180 for each 1/4 inch of diameter greater than one inch shall
be charged. If no water connection is made, the Council shall determine
the connection charge based on anticipated water use.
B.
Applications. All applications for sewer connection
shall be made to the Building Inspector by the owner or his or her
authorized representative. Upon the filing of such application and
the payment of the fee as herein set forth, such applicant shall be
connected with the City sewer main.
C.
Funds. All funds received in payment of such connection
fee shall be segregated by the City Treasurer and shall be used to
defray the costs of installation of sanitary sewer transmission lines
and additions to the sanitary sewer system.
D.
Penalty. Any person failing to obtain such sanitary sewer connection permit and pay the appropriate connection fee as provided above shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19, and/or such unpaid connection shall be placed upon the municipal tax rolls for collection.
A.
Boundary. The immediate service area for the Water
Utility shall be the Franklin Industrial Park.
B.
Operation and control. The operation and control of
the Water Utility shall be under the Director of Public Works, including
billing.
C.
Billing and collection.
(1)
Billing shall be made quarterly and shall become due
and payable 10 days from the date of billing. A penalty of 3% will
be added to each bill if not paid within 10 days from the date of
billing. A written notice will be sent to the customer if the bill
is not paid within the 20 days of original billing, advising the customer
that the bill is delinquent and, if not paid within five days, the
service will be discontinued without further notice. An additional
charge of $5 will be made for restoring the service.
(2)
All bills shall be paid to the City Treasurer, and
such collections shall be deposited into a City account and credited
to a Water Utility cash account. The provision of a status report
with regard to municipal water, sewer and public fire protection charges
against a property shall be accompanied by a fee payment of $5 for
the provision of each such report per property billing to defray the
municipal costs of providing same.
[Amended 12-17-2002 by Ord. No. 2002-1737; 6-5-2018 by Ord. No. 2018-2329]
A.
Turning on. No water from the City water supply shall
be turned on for service into any premises by any person but the Director
of Public Works or some person authorized by him or her to perform
this service.
B.
Application fee. Application to have water turned
on shall be made, in writing, to the City Engineer and shall contain
an agreement by the applicant to abide by and accept all of the provisions
of this chapter as conditions governing the use of the City water
supply by the applicant. A fee of $5 shall be paid for turning on
the water.
[Amended 3-5-2002 by Ord. No. 2002-1708]
C.
Deposit. A deposit of $25 shall be made with each
such application, this sum to be retained by the City to ensure payment
of all bills. When service to the applicant is discontinued permanently,
this deposit, less any amount still due the City for water service,
shall be refunded without interest, provided that where any applicant
for water service is the owner of the premises to be served, no such
deposit shall be required.
D.
Plumbing. No water shall be turned on for service
in premises in which the plumbing does not comply with the ordinances
of the City, provided that water may be turned on for construction
work in unfinished buildings, subject to the provisions of this chapter.
E.
Service connection; fee. No connections with a water
main shall be made without a permit being issued and 24 hours' notice
having been given to the Plumbing Inspector. All such connections
shall be made and all such work done at the expense of the applicant,
who shall also furnish materials necessary for such work; all such
connections shall be made under the supervision of the Plumbing Inspector,
and no connections shall be covered until the work has been inspected
by him or her. Applications for such connections must be made to the
City Engineer, and a fee of $5 shall be paid for each connection.
[Amended 3-5-2002 by Ord. No. 2002-1708]
F.
Resale. No water shall be resold or distributed by
the recipient thereof from the City supply to any premises other than
that for which application has been made and the meter installed,
except in case of an emergency.
G.
Tampering. No person not authorized by the City shall
tamper with, alter or injure any part of the City waterworks or supply
system or any meter.
A.
Installation. All service pipes from the mains to
the premises served shall be installed by, and at the cost of, the
owner of the property to be served or the applicant for the service.
Such installation shall be under the inspection of the Plumbing Inspector.
B.
Pipes. No service shall be installed unless it conforms
to specifications drawn up by the Council and approved thereby, a
copy of which specifications shall be kept on file by the City Engineer
and shall be open to inspection by any person interested.
[Amended 3-5-2002 by Ord. No. 2002-1708]
C.
Repairs. All repairs for service pipes and plumbing
systems of buildings shall be made by and at the expense of the owners
of the premises served. The City may, in case of an emergency, repair
any service pipes, and if this is done, the cost of such repair work
shall be repaid to the City by the owner of the premises served.
D.
Excavations. Excavations for installing service pipes
or repairing the same shall be made in compliance with the ordinance
provisions relating to making excavations in streets.
E.
Shutoff boxes. Shutoff boxes shall be located at the
place determined by the Director of Public Works. Such boxes shall
be located so that they are easily accessible and shall be protected
from frost.
A.
Meters required.
(1)
All premises using the City water supply must be equipped
with an adequate water meter furnished by the consumer and approved
by the Director of Public Works, provided that such water service
may be supplied by the City at a flat rate of charge until such meter
may be installed.
(2)
Before any premises are occupied, a water meter shall
be installed therein as herein required or application made for such
water service at the flat rate of charge until the meter can be installed,
or no water shall be furnished such premises.
(3)
Premises occupied and receiving water shall install
a meter furnished by the City or a meter approved by the City within
one month after receiving notification to install said meter. During
the interim, the Director of Public Works shall estimate the charges
for said water service to such premises, and the consumer will be
billed accordingly. If the meter is not installed within two months
after notification, the water service may be shut off without further
notice.
B.
Installation. Meters shall be installed in a location
that will be easy of access and have outside readout.
C.
Reading meters. The Director of Public Works shall
read or cause to be read every water meter used in the City at such
times as are necessary that the bills may be sent out at the proper
time.
D.
Testing meters. Any municipal water meter shall be
taken out and tested upon complaint of the consumer, upon payment
of a fee of $5. If upon test the meter is not within 3% of being accurate,
it shall be repaired or replaced and the five-dollar fee returned
to the consumers.
E.
Rates. Rates shall be those as prescribed by the Public Service Commission
of Wisconsin, as amended from time to time, for the Franklin Water
Utility.
[Amended 7-17-2018 by Ord. No. 2018-2337]
F.
Construction contractors. During the construction
of any building and before any water is installed as is herein provided,
the contractor so constructing such building may be permitted to use
the City water supply by making application therefor and paying the
flat fee prescribed by the Council.
G.
Lien.
(1)
Charges for water shall be a lien upon the premises
as provided by statute. Whenever a bill for water service remains
unpaid 60 days after it has been rendered, the Clerk may file with
the Register of Deeds for Milwaukee County a statement of lien claim.
This statement shall contain the legal description of the premises
served, the amount of the unpaid bill and a notice that the City claims
a lien for this amount as well as for all charges for water served
subsequent to the period covered by the bill.
(2)
If the consumer of water whose bill is unpaid is not
the owner of the premises and the Clerk has notice of this, notice
shall be mailed to the owner of the premises, if his or her address
is known, to the Clerk whenever such bills remain unpaid for a period
of 60 days after it has been rendered.
H.
Foreclosure of lien.
(1)
Property subject to a lien for unpaid water charges
shall be sold for nonpayment of the same. The proceeds of such sale
shall be applied to pay the charges after deducting costs, as is the
case in the foreclosure of statutory liens. Such foreclosure shall
be by bill in equity in the name of the City.
(2)
The City Attorney is hereby authorized and directed
to institute such proceedings in the name of the City in any court
having jurisdiction over such matters against any property for which
water bills have remained unpaid 60 days after they have been rendered.
A.
Purpose. The wastewater of the City is collected and
treated in whole or in part by the Milwaukee Metropolitan Sewerage
District (the "District"). The purpose of this section is to enable
the City to establish and collect from users within the City those
charges which represent the proportionate contribution by such users
both to the cost of operating and maintaining the system and that
part of the cost of past and future capital improvements in the system
not defrayed by an ad valorem tax on real property. Such charges are
required to enable the District to become and remain eligible for
federal grants for wastewater facility capital improvements.
B.
Incorporation of District rules and regulations.
(1)
The following sections and related appendices of District Rules and Regulations, Chs. 1, 7, 10, 11 and 17, promulgated by the District, as now in effect and as the same may be amended from time to time hereafter are incorporated by reference and shall be of full force and effect as though set forth in their entirety herein:
Chapter or Section Number
|
Title
| |
---|---|---|
Ch. 1
|
Definitions
| |
Ch. 7
|
Approval of Sewer Plan
| |
Ch. 10
|
Basic Date for Sewer Design
| |
Ch. 11
|
Industrial Wastes
| |
Sec. 17.102
|
Definitions
| |
Sec. 17.104(1)
|
Municipal Transfer of Date
| |
Sec. 17.104(2)
|
Estimated Volume of Discharge
| |
Sec. 17.105(1)
|
User Transfer of Data
| |
Sec. 17.105(2)
|
Discharge Factor Certification
| |
Sec. 17.105(3)
|
Waste Strength Certification
| |
Sec. 17.105(4)
|
Certification Procedures
| |
Sec. 17.105(5)
|
Verification
| |
Sec. 17.105(6)
|
Audit Control of User Connections
| |
Sec. 17.105(7)
|
Appeal Provision
| |
Sec. 17.201
|
Purpose of the User Charge System
| |
Sec. 17.202
|
User Charge Billing Basis
| |
Sec. 17.203
|
Wholesale User Charge Billing Basis
| |
Sec. 17.204
|
Unit Costs of Treatment
| |
Sec. 17.301
|
Purpose of the Local Capital Cost Recovery (ICR)
System
| |
Sec. 17.302
|
LCR Billing Basis
| |
Sec. 17.303
|
Wholesale LCR Billing Basis
| |
Sec. 17.304
|
Unit Costs of LCR
| |
Sec. 17.401
|
Purpose of the Industrial Cost Recovery (ICR)
System
| |
Sec. 17.402
|
ICR Billing Basis
| |
Sec. 17.403
|
Wholesale ICR Billing Basis
| |
Sec. 17.404
|
Unit Costs of ICR
| |
Sec. 17.405
|
Retail ICR Billing Basis
| |
Sec. 17.501
|
Industrial Waste Program Cost Recovery System
| |
Sec. 17.502
|
Administrative Program Costs
| |
Sec. 17.503
|
Monitoring Program Costs
|
(2)
For purposes hereof, "residential structure," as defined
in District Rules and Regulations, Ch. 17, shall mean any building
accommodating exclusively one or two residential units.
C.
User charges. There is hereby imposed a charge on
each user in the City who discharges wastewater, directly or indirectly,
into the wastewater system operated by the District. Such charge shall
be in the amount specified below for the various classes of users.
(1)
Residential users. The residential user charge shall
be based on a uniform charge as follows: The uniform charge for each
residential unit shall be calculated by dividing the wholesale residential
user charge (i.e., the charge by the District to the City), excluding
connection charges, by the number of residential units in the City.
Individual residential user charges shall be calculated as the user's
number of residential structures times the connection charge.
(2)
Noncertified commercial users. The retail noncertified
commercial user charge shall be based on a volumetric charge as follows:
The volumetric charge shall be calculated by dividing the wholesale
noncertified commercial user charge (i.e., the charge by the District
to the City), excluding connection charges, by the total volume of
noncertified commercial water consumption. Individual noncertified
commercial user charges shall be calculated by multiplying the user's
volume of water consumption times this volumetric charge plus the
users number of service connections times the connection charge.
(3)
Discharge certified commercial users. Each retail
discharge certified commercial user charge shall be equal to each
wholesale discharge certified commercial user charge submitted to
the City pursuant to District Rules and Regulations, Ch. 17.
(4)
Wastestrength certified commercial users. Each retail
wastestrength certified commercial user charge shall be equal to each
wholesale wastestrength certified commercial user charge submitted
to the City pursuant to District Rules and Regulations, Ch. 17.
(5)
Noncertified industrial users. Each retail noncertified
industrial user charge shall be equal to each wholesale noncertified
industrial user charge submitted to the City pursuant to District
Rules and Regulations, Ch. 17.
(6)
Discharge certified industrial users. Each retail
discharge certified industrial user charge shall be equal to each
wholesale discharge certified industrial user charge submitted to
the City pursuant to District Rules and Regulations, Ch. 17.
(7)
Wastestrength certified industrial users. Each retail
wastestrength certified industrial user charge shall be equal to each
wholesale wastestrength certified industrial user charge submitted
to the City pursuant to District Rules and Regulations, Ch. 17.
D.
Local capital recovery charges. There is hereby imposed
a local capital recovery (LCR) charge on each industrial user in the
City whose function is described by the Standard Industrial Classification
(SIC) Division D ("LCR user"). The LCR charge shall be in the amount
specified below for the various classes of LCR users:
(1)
Noncertified industrial users. Each retail noncertified
industrial LCR charge shall be equal to each wholesale noncertified
industrial LCR charge submitted to the City pursuant to District Rules
and Regulations, Ch. 17.
(2)
Discharge certified industrial users. Each retail
discharge certified industrial LCR charge shall be equal to each wholesale
discharge certified LCR charge submitted to the City pursuant to District
Rules and Regulations, Ch. 17.
(3)
Wastestrength certified industrial users. Each retail
wastestrength certified industrial LCR charge shall be equal to each
wholesale wastestrength certified industrial LCR charge submitted
to the City pursuant to District Rules and Regulations, Ch. 17.
E.
Industrial cost recovery charges. There is hereby
imposed an industrial cost recovery (ICR) charge on each ICR user
(as defined in District Rules and Regulations, Ch. 17) in the City.
The ICR charge shall be in the amount specified below for the various
classes of ICR users.
(1)
Noncertified industrial users. Each retail noncertified
industrial ICR charge shall be equal to each wholesale noncertified
industrial ICR charge submitted to the City pursuant to District Rules
and Regulations, Ch. 17.
(2)
Discharge certified industrial users. Each retail
discharge certified industrial ICR charge shall be equal to each wholesale
discharge certified industrial ICR charge submitted to the City pursuant
to District Rules and Regulations, Ch. 17.
(3)
Wastestrength certified industrial users. Each retail
wastestrength certified industrial ICR charge shall be equal to each
wholesale wastestrength certified industrial ICR charge submitted
to the City pursuant to District Rules and Regulations, Art. VII.
F.
Billing.
(1)
Bills for user. LCR and ICR charges are rendered quarterly
and become due and payable on the first of the month following the
period for which service is rendered. A late payment charge of 1%
per month will be added to bills not paid within 20 days of issuance.
This late payment charge will be applied to the total charges. The
late payment charge is applicable to all customers.
(2)
All bills shall be payable at the office of the City
Treasurer, 9229 W. Loomis Rd., Franklin, Wisconsin, 53132.
(3)
If a user fails to certify data or a user's certification
is materially inaccurate or if there has been a substantial change
in data since the date of the user's last certification, the District
shall notify the user that the verification data determined by the
District pursuant to § 17.105(5) of District Rules and Regulations,
Ch. 17, shall be used to determine the charge due for the current
billing period and all future billing periods until the user submits
a new certified statement.
(4)
Should inspection or verification by the District reveal that any statement certified by a user is materially inaccurate, the District shall redetermine the proper charge due and forward the new computation to the City in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due, and interest charges shall be applied to each deficiency as provided Subsection F(1) above.
(5)
Unpaid user, LCR and ICR charges shall be a lien upon
the property served and shall be enforced as provided in § 66.0821(4)(c),
Wis. Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(6)
Any person who violates, disobeys, omits, neglects
or refuses to comply with any action required pursuant to District
Rules and Regulations, Ch. 17, shall be subject to a forfeiture of
not less than $10 nor more than $200 for each offense, together with
the cost of prosecution. Each day that a violation continues to exist
shall constitute a separate offense. Such forfeitures are in addition
to the user, LCR and ICR charges due the City.
G.
Local sewerage charges.
(1)
In addition to the charges imposed pursuant to Subsections A through F above with respect to the usage of the wastewater system of the District, the City is also empowered, pursuant to § 66.0821(4)(a), Wis. Stats., to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewer system. Such charges are imposed and governed by Subsection H below. This subsection shall not replace and repeal any other subsection except to the extent of direct conflict therewith.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(2)
The local user charge system shall generate adequate
annual revenues to pay costs of annual operation and maintenance,
including replacement associated with financing the collection system,
which the City may, by ordinance, designate to be paid by the local
user charge system. That portion of the total local user charge which
is designated for operation and maintenance, including replacement
of the collection system, shall be established by this subsection.
(3)
That portion of the total user charge collected which is designated for operation and maintenance, including replacement purposes as established in Subsection H(3) below, shall be deposited in a separate nonlapsing fund known as the "Local Operation, Maintenance and Replacement Fund," and will be kept in two primary accounts as follows:
(a)
An account designated for the specific purpose
of defraying operation and maintenance costs, excluding replacement
of the collection system (Operation and Maintenance Account).
(b)
An account designated for the specific purpose
of ensuring replacement needs over the useful life of the collection
system (Replacement Account).
(4)
Fiscal year-end balances in the operation and maintenance
account and the replacement account shall be carried over to the same
accounts in the subsequent fiscal year and shall be used for no other
purposes than those designated for these accounts. Moneys which have
been transferred from other sources to meet temporary shortages in
the Operation, Maintenance and Replacement Fund shall be returned
to their respective accounts upon appropriate adjustment of the local
user charge rates for operation, maintenance and replacement. The
local user charge rate shall be adjusted such that the transferred
moneys will be returned to their respective accounts within the fiscal
year following the fiscal year in which the moneys were borrowed.
H.
Local operation and maintenance charges.
(1)
INDUSTRIAL WASTES
LOCAL OPERATION AND MAINTENANCE COSTS
LOCAL USER CHARGE SYSTEM
REPLACEMENT
SEWAGE
SEWERAGE SERVICE
SEWERAGE SYSTEM
Definitions. For the purpose of this subsection, the
following defined terms shall apply:
Those particular liquid or other wastes resulting from any
process of industry, manufacture, trade or business or the development
of any natural resource.
All costs, direct and indirect, not including debt service
but inclusive of expenditures attributable to administration, replacement
of equipment and collection of wastewaters, necessary to ensure adequate
wastewater collection on a continuing basis which conforms to applicable
regulations and assures optimal long-term facility management.
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection facilities.
The expenditures for obtaining and installing equipment,
accessories or appurtenances which are necessary during the useful
life of the treatment works to maintain the capacity and performance
for which such works were designed and constructed. The term "operation
and maintenance" includes replacement.
The water-carried waste created in and to be conducted away
from residences, industrial, commercial and business premises, public
buildings (as defined in § 101.01, Wis. Stats.) and other
structures and premises.
The use of land benefit from the sewerage system, including
the collection, transportation, pumping, treatment and final disposition
of sewage.
All street lateral, main and intercepting sewers and structures
by which sewage or industrial waste is collected, transported and
treated by the Milwaukee Metropolitan Sewerage District. This shall
not include plumbing inside or in connection with buildings served
or service sewers from a building to the street lateral.
(2)
Industrial wastes; deleterious sewage.
(a)
No industrial wastes shall be discharged, either
directly or indirectly, into the sewerage system without the prior
written approval of the Council; no sewage, including industrial wastes,
shall contain any substance which is deemed deleterious by the City
Engineer to the operation of the sewerage system nor shall any sewage
be discharged into the sewerage system the discharge of which into
the sewers controlled by the Metropolitan Sewerage District is prohibited
by the provisions of Ch. 11 of the Rules of the Milwaukee Metropolitan
Sewerage District.
(b)
If a user of the sewerage system discharges
prohibited sewerage, he or she shall be given written notice to cease
the prohibited discharge. If after the 10 days' notice such user continues
the prohibited discharge, he or she shall be subject, upon conviction,
to a forfeiture of not less than $5, nor more than $50. Each day in
which such violation continues to exist shall be deemed a separate
violation.
(c)
The City Engineer, being guided by the standards
adopted in Ch. 11 of the Rules of the Milwaukee Metropolitan Sewerage
District, may require the owner, operator or tenant of any industrial
plant or other establishment discharging or proposing a discharge
of industrial wastes into the sewerage system to provide at such user's
expense such preliminary treatment or handling facilities as may be
necessary to reduce or to modify the objectionable characteristics
or constituents of such industrial wastes or to control the quantity
and rate of discharge of such industrial wastes; provided, however,
that the Council may direct that industrial wastes be accepted without
pretreatment or other handling by the industrial users of the sewerage
system and may provide in lieu thereof for any additional cost of
the City's acceptance of such untreated sewage.
(d)
No person shall transfer septage from septic
tanks or holding tanks into any manhole, appurtenance or branches
tributary to the City sewer system.
(e)
Grease, oil and sand interceptors shall be provided
by the industrial discharge and shall be located as to be readily
and easily accessible for cleaning and inspection. In the maintaining
of these interceptors, the discharge shall be responsible for the
proper removal and disposal by appropriate means of the captured material
and shall maintain records of the dates and means of disposal which
are subject to review by the City. Any removal and hauling of the
collected materials not performed by the discharger's personnel must
be performed by currently licensed disposal firms.
(3)
Sewerage service charges; rates.
(a)
A sewerage service charge is hereby imposed
upon each lot, parcel of land, building or premises served by the
sewerage system or otherwise discharging sewage, including industrial
wastes, into the sewerage system. Such sewerage service charge shall
be payable as hereinafter provided and shall be on a family unit basis
for residential lots, parcels of land, building or premises and for
industrial, business and commercial lots, parcels of land, building
or premises shall be based on a percentage of the user charge established
by the Milwaukee Metropolitan Sewerage District. This percentage figure
shall be calculated with the local sewer system expenses as a numerator
and the Milwaukee Metropolitan charges as the denominator. Revenue
for sanitary sewer capital improvements is generated and funded entirely
through special assessments against benefitting properties.
(b)
The City shall review rates and give notice
to users as follows:
[1]
The City shall review annually the wastewater
contribution of its users and readjust as necessary its revenue system
to cover actual costs.
[2]
The City shall maintain a proportional distribution
of its operation, maintenance and replacement costs among the various
user classes and shall generate sufficient revenue to pay the total
operation, maintenance and replacement.
[3]
The users shall be notified annually of the
charges attributable to wastewater treatment services and charges
attributable to the collection system.
[4]
The user charges set forth herein preempt any
other agreements inconsistent with the conforming regulations of this
program.
[5]
Any user who believes to have been adversely
affected by an action taken by the City pertaining to cost recovery
procedures may file a written appeal with the City Council within
10 days of receipt of written notice of such action. If the appeal
relates to charges, payment of the charges shall be a condition precedent
to the appeal. The City Council shall review the appeal and render
a written decision to the user within 10 days of receipt of the appeal,
unless a longer period is stipulated to by the parties. The decision
shall be final, subject to further appeal in the manner prescribed
by law. The appeal shall clearly set forth the issue sought to be
reviewed, the interest of the user and the reasons why the action
appealed should be modified. The user may present evidence in support
of the allegations made in the appeal.
(4)
Surcharge for illegal clear water connections. Any
customer of the Franklin sewer system who maintains an illegal clear
water connection thereto shall, after a ninety-day notice to disconnect,
pay a surcharge of 100% of his or her regular sewer service charge,
and such surcharge shall be retroactive to the date of notification.
Such surcharge shall be without prejudice to the right of the City
to compel disconnection and to charge the cost against the property
as a special tax.
(5)
Discharge of clear water into sanitary sewer system
is prohibited.
(a)
The discharge of clear water into the sanitary
sewer system is prohibited and is to be eliminated.
(b)
The inspection officers of the City are hereby
authorized and directed to make such inspections as are necessary
to determine where clear water connections or clear water infiltration
exists. In making such inspections, they are authorized and directed
to obtain special inspection warrants under the provisions of §§ 66.0119
and 66.0119(3), Wis. Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(c)
Abatement. Upon determining that a clear water
connection, or clear water infiltration exists, City inspection officers
are authorized and directed to issue appropriate orders to abate,
correct or eliminate such connection or infiltration within a reasonable
time, not to exceed 90 days. This order shall be sent to the owner
by certified mail, at the address shown on the tax roll. The owner
has the right to appeal such order to the City Council within 10 days
from the date of mailing. The City Council shall hold a public hearing
on such appeal within 10 days from receipt of the appeal. The Council
shall have the authority to affirm, modify or reverse the order appealed
from. The owner shall have the right to appeal the Council's decision
by certiorari. A commenced order shall be final and may be implemented
by mandatory injunction or other appropriate legal means.
(6)
Billing.
(a)
Bills for the local user charge are rendered
quarterly and become due and payable on the first of the month following
the period for which service is rendered. A late payment charge of
1% per month will be added to bills not paid within 20 days of issuance.
This late payment charge will be applied to the total charges. The
late payment charge is applicable to all customers.
(b)
All bills shall be payable at the office of
the City Treasurer, 9229 W. Loomis Rd., Franklin, Wisconsin, 53132.
The provision of a status report with regard to municipal water, sewer
and public fire protection charges against a property shall be accompanied
by a fee payment of $5 for the provision of each such report per property
billing to defray the municipal costs of providing same.
[Amended 12-17-2002 by Ord. No. 2002-1737]
(c)
Where sewerage service is provided for less
than a calendar quarter, the charge for such lesser period shall be
a portion of the quarterly charge computed as follows: 1/3 of the
quarterly charge shall be charged for each calendar month in which
service is provided on or after the 16th day of such month. Sewerage
service shall be deemed to have been provided on and after the date
on which the lateral connection to the sewerage system is finally
inspected and approved by the Plumbing Inspector or other officer
charged with the responsibility of so doing.
(d)
All charges established by or pursuant to this
section shall be a lien upon the property served, pursuant to § 66.0821(4)(c),
Wis. Stats., and shall be collected in the manner therein provided.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(e)
The amounts received from the collection of
the charges authorized by this subsection shall be credited to the
sanitary sewage account, which shall show all receipts and expenditures
of the sewerage system. When appropriated by the Council, the credits
to such account shall be available for the payment of the requirements
for operation, maintenance, repairs and depreciation of the sewerage
system. Any surplus in such account shall be available for the payment
of principal and interest of bonds issued and outstanding or which
may be issued to provide funds for such sewerage system or part thereof
and all or a part of the expenses for additions and improvements and
other necessary disbursements or indebtedness, and the Council may,
by resolution, pledge such surplus or any part thereof for any such
purposes.
A.
Authority. This section is enacted pursuant to § 66.0701,
Wis. Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
B.
Levy of assessments. The cost of installing or constructing
any public work or improvement by the City may be charged under this
section in whole or in part to the property benefited by such work
or improvement, and the City Council may make an assessment against
such benefited property in the manner provided herein.
C.
What may be included as cost.
(1)
The cost of any work improvement to be paid in whole
or in part by special assessment on property may include the direct
and indirect cost thereof, the damages occasioned thereby, the interest
on bonds or notes issued in anticipation of the collection of the
assessments, a reasonable charge for the services of the administrative
staff of the City and the cost of any architectural, engineering and
legal services, and any other items of direct or indirect cost which
may reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the City Council.
(2)
The amount assessed against any property for any work
or improvement which does not represent an exercise of the police
power shall not exceed the value of the benefits accruing to the property
therefrom, and for those representing an exercise of the police power,
the assessment shall be upon a reasonable basis as determined by the
City Council.
D.
Engineer's report. Prior to the exercise of any powers conferred by this section, the City Council shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, the number of installments in which the special assessments may be paid or that the number of installments will be determined at the hearing required under Subsection I below, and direct the City Engineer to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.
E.
F.
A copy of the report when completed shall be filed
with the City Clerk for public inspection.
G.
The cost of any work or improvement to be paid in
whole or in part by special assessment on property may include the
direct and indirect cost thereof, the damages occasioned thereby,
the interest on bonds or notes issued in anticipation of the collection
of the assessments, a reasonable charge for the services of the administrative
staff of the City and the cost of any architectural, engineering and
legal services, and any other item of direct or indirect cost which
way reasonably be attributed to the proposed work or improvement.
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels:in
the manner designated by the City Council.
H.
If any property deemed benefited shall by reason of
any provision of law be exempt from assessment therefor, such assessment
shall be computed and shall be paid by the City.
I.
Notice and hearing. Upon the completion and filing of the report required by Subsection D, the City Clerk shall cause notice to be given, stating the nature of the proposed work or improvement, the general boundary lines of the proposed assessment district, including, in the discretion of the City Council, a small map thereof, and the place and time at which all persons interested, or their agents or attorneys, may appear before the Council and be heard concerning the matters contained in the report. Such notice shall be published as a Class 1 notice under Ch. 985, Wis. Stats., in the City. A copy of such notice shall be mailed, at least 10 days before the hearing or proceeding, to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall be not less than 10 and not more than 40 days after publication.
J.
Resolution levying assessments. After hearing persons
interested in the proposed assessment levy, the City Council may approve,
disapprove or modify the proposed assessments or it may refer the
report to the Engineer with such direction as it deems necessary to
accomplish a fair and equitable assessment. Upon approval of the Engineer's
report, the City Council shall adopt a resolution levying the special
assessment as finally approved. The resolution shall contain the following:
(1)
Confirmation of the Engineer's report.
(2)
A determination that the proposed work or improvement
constitutes an exercise of the police power, if such is the case.
(3)
A determination that the assessments may be paid in
annual installments and the number and due date of such installments
and the interest thereon pursuant to § 66.0715(3), Wis.
Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(4)
A statement that the assessments or a portion of the
assessments so levied are deferred pursuant to § 66.0715(2),
Wis. Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
K.
Deferment of payment of special assessments.
(1)
Upon application to the City Clerk, within 30 days
of the date of the special assessment notice, the due date of any
special assessment levied under this section may be deferred on such
terms and in such manner as prescribed by the City Council in the
final resolution.
(2)
Such deferment may be approved for the following situations:
(a)
Assessments levied for sanitary sewer, water
main, storm sewer, street grading and base construction, bituminous
surfacing, concrete paving, curb and gutter and sidewalk improvements
abutting undeveloped and vacant properties that are 21/2 acres or
more in area or have 330 feet or more of frontage served by the improvement.
(b)
Properties that are 21/2 acres or more in area
and have one residential dwelling so located on the parcel that the
dwelling site is an excessive distance from the street or right-of-way
in which the improvements are installed or the extension of services
to the dwelling is impractical shall, upon determination of the City
Council after an investigation and report by the City Engineer, be
considered undeveloped and vacant for the purpose of this section.
(c)
A deferment of the principal and interest of
a special assessment for the installation of water for up to 300 feet
of the assessable frontage of a single parcel when the property abuts
a transmission line, the property is used for residential purposes,
the property has an existing and adequate water supply and until such
time as the property owner connects to the water system or 10 years
from adoption of the resolution levying the special assessment, whichever
is sooner.
[Amended 12-15-1998 by Ord. No. 98-1526]
(d)
A deferment of the principal and interest of
a special assessment for the installation of streetlights is hereby
authorized only as to lands abutting such improvements which at the
time of the levy of such special assessment are zoned single-family
or two-family residential under Chapter 15, Zoning, as amended from
time to time, and such deferred assessment shall remain deferred until
any date upon which the property is rezoned so as to allow for a multifamily
residential, business or industrial use.
(e)
A deferment of the principal and interest of
a special assessment for the installation of sidewalks is hereby authorized
only as to lands abutting such improvements which at the time of the
levy of such special assessment are zoned single-family or two-family
residential under Zoning Ordinance No. 221 of Franklin, Wisconsin,
as amended from time to time, and such deferred assessment shall remain
deferred until any date upon which the property is rezoned so as to
allow for a multifamily residential, business, institutional or industrial
use.
[Added 3-19-2002 by Ord. No. 2002-1710]
(f)
A deferment of the principal and interest of
a special assessment for sanitary sewer, sanitary sewer laterals,
water main and water laterals, for a single property zoned I-1 Institutional
District under Chapter 253, Zoning and Subdivision and Platting Regulations
(Unified Development Ordinance), as amended from time to time, which
property is divided as a result of a public work of improvement for
street extension purposes related to such sanitary sewer and water
work for which the assessment was made, into two or more parcels through
the property fee acquisition by the City for the extension of the
public street, until such time as the property is sold, a connection
is made to either the sanitary sewer or water main or 10 years from
the date of adoption of the resolution levying the special assessment,
whichever occurs first.
[Added 9-23-2008 by Ord. No. 2008-1956]
(g)
A deferment of the principal and interest of a special assessment
until such time as the subject benefitted property is sold, transferred
or otherwise conveyed to a person or entity other than an owner of
the property on the date of the adoption of the final resolution levying
the special assessment, or thereafter as may be approved by the Common
Council to a later next subsequent owner of the benefitted property
under circumstances where the number of planned lots to be assessed
as of the date of the adoption of the final resolution is subsequently
reduced, or the earlier connection of the property to the subject
public facility (sewer and/or water), or such earlier specified date
or occurrence as may be specified by the Common Council, where the
Common Council determines it appropriate and reasonable under the
circumstances of a relatively unique public project undertaken for
a primary purpose of general benefit to the entire City or a large
portion thereof (approximating at least 25% or more of the City area)
other than the specific provision of the public facility improvement(s)
for the special benefit of the subject property, though which special
benefit is nonetheless resultant thereof, provided that the limited
and determinable area to be specially assessed for the project is
very small (no more than five parcels of record as of the date of
the adoption of the preliminary resolution, or consisting of no more
than such area of land as may be divided into no more than five parcels
in the future under existing zoning and land division ordinances on
the date of adoption of the final resolution; neither of the foregoing
categories being exclusive) in relation to the area of general benefit
to be served.
[Added 6-3-2014 by Ord. No. 2014-2139; amended 11-15-2016 by Ord. No. 2016-2241]
(h)
A deferment of the principal and interest of a special assessment
until such time as the subject benefitted property is connected to
the subject public water facility, or such earlier specified date
or occurrence as may be specified by the Common Council, where the
Common Council determines it appropriate and reasonable under the
circumstances of a public project undertaken to develop and provide
an all-accessible and all-inclusive playground public park of regional
(within, but also beyond, City boundaries) public service value, other
than the specific provision of the public facility improvement(s)
for the special benefit of the subject property, though which special
benefit is nonetheless a resultant thereof, provided that the limited
and determinable area to be specially assessed for the project is
very small (no more than five parcels of record as of the date of
the adoption of the preliminary resolution, or consisting of no more
than such area of land as may be divided into no more than five parcels
in the future under existing zoning and land division ordinances on
the date of adoption of the final resolution; neither of the foregoing
categories being exclusive) in relation to the area of general benefit
to be served.
[Added 8-18-2015 by Ord.
No. 2015-2184]
(i)
A deferment of the principal and interest of a special assessment
until such time as the subject benefitted property is connected to
the subject public water facility or subdivided into two or more parcels,
or such earlier specified date or occurrence as may be specified by
the Common Council, where the Common Council determines it appropriate
and reasonable under the circumstances of a public project undertaken
to develop and provide a water tower serving the City of Franklin,
other than the specific provision of the public facility improvement(s)
for the special benefit of the subject property, though which special
benefit is nonetheless a resultant thereof, provided that the limited
and determinable area to be specially assessed for the project is
very small (no more than 10 parcels of record as of the date of the
adoption of the preliminary resolution) in relation to the area of
general benefit to be served.
[Added 6-27-2023 by Ord. No. 2023-2541]
(3)
The City Clerk shall keep a record of all deferred
assessments. The annual tax bill for each property subject to a deferred
special assessment shall indicate this by inserting the word "Deferred"
under the special assessment column and listing the type of improvement
by the assessment code on the bill.
(4)
Prior to the issuance of any building or plumbing
permit, the Building Inspector or the Plumbing Inspector shall refer
the application for a permit to the City Clerk and the City Engineer
to determine if a deferred assessment is outstanding against the parcel
involved.
(5)
If assessments are deferred under this subsection,
the first installment of that portion deferred shall be due and payable
upon and interest at the rate prescribed in the final resolution shall
start to accrue from:
(a)
The date of the granting of a building permit
to build upon any portion of the premises against which a special
assessment is outstanding.
(b)
The date of the granting of a permit for connection
of any portion of such premises to the City's sanitary sewer, storm
sewer or water mains.
(c)
The date of the approval by the City Council
of a final plat or certified survey map of any portion of the premises
against which a special assessment is outstanding.
(d)
The date that the premises against which a special
assessment is outstanding is put to any use other than an agricultural
one. The first installment, if not paid on the due date, shall be
entered on the property tax bill for the year in which a permit was
granted or plat or certified survey map was approved. The remaining
annual installments shall be entered on the annual property tax bill
and be due and payable each year thereafter with the property taxes,
unless otherwise provided in the resolution.
(e)
Notwithstanding Subsection K(5)(a) through (d), upon the conveyance by gift from the owner of property subject to a deferred special assessment of only a portion of the premises to a not-for-profit entity for development of the portion thereof for public purposes and recreational or educational facilities available to the public, only that portion of the deferred assessment allocable to the portion of the premises conveyed for public purposes, upon the method of assessment used to levy the total assessment against the entire parcel as compared to the total deferred assessment, shall become due and payable, and the remaining balance of the deferred assessment shall remain unaffected by those occurrences set forth in Subsection K(5)(a) through (d) arising from such conveyance.
(6)
If the property against which the special assessments
are levied is subdivided, the City Council may, prior to approval
of the final plat or certified survey map, determine that portion
of the assessment for which the subdivided parcel or parcels is liable
and adopt a resolution amending the Engineer's report as confirmed
to reflect such determination.
L.
Publication of resolution. The resolution levying
the special assessments pursuant hereto shall be published by the
City Clerk as a Class 1 notice under Ch. 985, Wis. Stats., in the
assessment district, and a copy of such resolution shall be mailed
to every interested person whose post office address is known or can
be ascertained with reasonable diligence.
M.
Appeal. Any person against whose land a special assessment is levied under this section may appeal therefrom in the manner prescribed in § 66.0703(12), Wis. Stats. within 40 days of the date of mailing the resolution pursuant to Subsection J.
[Amended 3-5-2002 by Ord. No. 2002-1708]
N.
Special charges. Special charges for current services
rendered may be imposed by the City Council pursuant to § 66.0627,
Wis. Stats.
[Amended 3-5-2002 by Ord. No. 2002-1708]
O.
Waivers. The City Council may, without any notice
or hearing hereunder, levy and assess the whole or any part of the
cost of any municipal work or improvement as a special assessment
upon the property benefited thereby whenever notice and hearing thereon
is, in writing, waived by all the owners of property affected by such
special assessment.
P.
Other authority retained. It is not intended by the
enactment of this section to deprive the City Council of any power
conferred by §§ 66.53 through 66.698, Wis. Stats.,[1] but any limitations contained therein and any procedures
prescribed therein for the levy of special assessments or special
charges shall not apply to the exercise of the special assessment
authority contained in this section.
[1]
Editor's Note: Chapter 66, Wis. Stats., was
renumbered in part and repealed in part by 1999 Act 150. See the Conversion
Table for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.
Q.
Service fee on public improvements or work subject
to special assessment.
(1)
Fee imposed. There is hereby imposed upon every public
improvement and work subject to special assessment a fee of 1% of
the cost of the amount which is assessed for the project to pay for
administrative, miscellaneous engineering, clerical and legal services.
(2)
Included within borrowing. The 1% service fee shall
be included within the amount borrowed to pay for the project, if
borrowing is used.
(3)
General fund. The amount collected for the one-percent
service fee shall be paid into the general fund upon receipt.
R.
Maximum assessment rates for sanitary sewer main and
water main and contingent deferred maximum assessments.
(1)
Upon any special assessment made upon a front foot
basis: no assessment for the installation of sanitary sewer main shall
exceed $110 per front foot for any single-family or two-family or
agriculture zoned property or $135 per front foot for any business,
industrial, institutional or multifamily zoned property; no assessment
for the installation of water main shall exceed $90 per front foot
for any single-family or two-family or agriculture zoned property
or $110 per front foot for any business, industrial, institutional
or multifamily zoned property. The aforesaid maximum assessment rates
shall be adjusted annually, commencing January 1, 2017, by an amount
equal to the change in the Engineering News-Record (ENR) Construction
Cost Index (CCI) 20-City National Average.
[Amended 6-7-2016 by Ord.
No. 2016-2219]
(2)
Should the cost of any sanitary sewer main or water main project produce an assessment rate for the standard service main installation which exceeds the applicable aforesaid maximum rate, the cost of such installation in excess of the applicable aforesaid maximum rate shall be paid from the sanitary sewer connection fee fund account established under § 207-9 or the water connection fee fund account established under § 207-22 of this chapter, respectively.
(3)
Further, notwithstanding anything to the contrary set forth in Subsection K of this section or § 207-20 or 207-6 of this chapter, should any property be zoned single-family or two-family or agricultural upon the date of adoption of any final resolution imposing and levying special assessments for which the sanitary sewer main and/or water main assessment rate would exceed the applicable maximum assessment rate set forth above, but for the enactment of this subsection: should such property then be denoted upon the Comprehensive Master Plan to be zoned for business, industrial, institutional or multifamily use; or upon the review and recommendation of the City Planning Manager and the determination thereupon by the Common Council that there exists a reasonable likelihood that a single-family or two-family property or agricultural property may be the subject of a rezoning to a business, industrial, institutional or multifamily zoning district, considering the property location, the development of the surrounding area, the availability of or access to arterial or collector streets or necessary public utilities and the actions, if any, of a property owner toward obtaining a rezoning to such use; then the Common Council shall impose and levy a contingent deferred assessment against such property in the amount of the difference between the single-family and two-family property and agricultural property maximum assessment rate and the actual or maximum assessment rate for business, industrial, institutional or multifamily properties within such assessment district, whichever is lower.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(4)
Such contingent deferred assessment shall exist for
a period of 10 years from the date of passage of the final resolution
levying such assessments and shall be due upon any such rezoning passed
and adopted by the Common Council within such 10 years, without interest.
Should such contingent deferred assessment become due, it shall be
payable in a lump sum on or before the next succeeding November 1,
and should such assessment remain unpaid after such date, the Clerk
shall place the assessment on the next succeeding tax roll.
[Amended 11-3-2014 by Ord. No. 2014-2150]
All sewer and water bills which are delinquent
as of November 16 at the time the annual property tax bills are being
prepared shall be included on such tax bill along with a service charge
equal to 10% of the unpaid bill or bills.
A.
To prevent contamination of groundwater and to protect
public health, safety and welfare by assuring that unused, unsafe
or noncomplying wells, wells which may serve as conduits for contamination
or wells which may be illegally cross-connected to the municipal water
system are properly abandoned.
B.
Applicability. This section applies to all wells located
on premises served by the City Water Utility, the Oak Creek Water
Utility or the City of Milwaukee Municipal Water System.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in the section, the following
terms shall have the meanings indicated:
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
or regularly serves at least 25 year-round residents owned or operated
by a City, village, county, town, town sanitary district, utility
district or public institution or a privately owned water utility
serving any of the above.
[Amended 12-15-1998 by Ord. No. 98-1526]
A well or pump installation which does not comply with the
provisions of Ch. NR 112, Wis. Adm. Code, in effect at the time the
well was constructed, a contamination source was installed, the pump
was installed or work was done on either the well or pump installation.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
Well or pump installation which produces water which is bacteriologically
contaminated or contaminated with substances in exceedance of the
standards of Chs. NR 109 or 140, Wis. Adm. Code or for which a health
advisory has been issued by the Department of Natural Resources.
A well or pump installation which is not in use or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Ch. NR 112, Wis. Adm. Code.
D.
Abandonment required. All wells located on premises
served by the municipal water system shall be abandoned in accordance
with the terms of this section and Ch. NR 112, Wis. Adm. Code, by
July 1, 1990, or no later than one year from the date of connection
to the municipal water system, whichever occurs last, unless a well
operation permit has been obtained by the well owner from the City.
E.
Well operation permit. The City may grant a permit
to a private well owner to operate a well for a period not to exceed
five years, provided that the conditions of this section are met.
An owner may request renewal of a well operation permit by submitting
information verifying that the conditions of this section are met.
The City or its agent may conduct inspections or have water quality
tests conducted at the applicant's expense to obtain or verify information
necessary for consideration of a permit application or renewal. Permit
applications and renewals shall be made on forms provided by the City
Inspection Department. The following conditions must be met for issuance
or renewal of a well operation permit:
[Amended 3-5-2002 by Ord. No. 2002-1708]
(1)
The well and pump installation meet or are upgraded
to meet the requirements of Ch. NR 112, Wis. Adm. Code.
(2)
The well construction and pump installation have a
history of producing bacteriologically safe water as evidenced by
one safe water sample. No exception to this condition may be made
for unsafe wells, unless the Department of Natural Resources approves,
in writing, the continued use of the well.
(3)
There are no cross connections between the well and
pump installation and the municipal water system.
(4)
The proposed use of the well and pump installation
can be justified as being necessary in addition to water provided
by the municipal water system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this
section or rule shall be abandoned according to the procedures and
methods of Ch. NR 112, Wis. Adm. Code. All debris, pump, piping, unsealed
liners and any other obstructions which may interfere with sealing
operations shall be removed prior to abandonment.
(2)
The owner of the well or the owner's agent shall notify
the City Inspection Department at least 48 hours prior to commencement
of any well abandonment activities. The abandonment of the well shall
be observed by the City Plumbing Inspector.
[Amended 3-5-2002 by Ord. No. 2002-1708]
(3)
An abandonment report form supplied by the Department
of Natural Resources shall be submitted by the well owner to the City
Inspection Department and the Department of Natural Resources within
10 days of the completion of the well abandonment.
[Amended 3-5-2002 by Ord. No. 2002-1708]
G.
Penalties. Any well owner violating any provision of this section shall, upon conviction, be punished as provided in Chapter 1, General Provisions, § 1-19. Each day of violation is a separate offense. If any person fails to comply with this section for more than 10 days after receiving written notice of the violation, the City may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
[Amended 12-15-1998 by Ord. No. 98-1526]
A.
CROSS CONNECTION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the City
of Franklin Water System, and the other, water from a private source,
water of unknown or questionable safety or steam, gases or chemicals,
whereby there might be a flow from one system to the other, the direction
of flow depending on the pressure differential between the two systems.
B.
That no person, firm or corporation shall establish
or permit to be established or maintain or permit to be maintained
any cross connection. No interconnection shall be established whereby
potable water from a private, auxiliary or emergency water supply
other than the regular public water supply of the City of Franklin
Water Utility may enter the supply or distribution system of said
municipality, unless such private, auxiliary or emergency water supply
and the method of connection and use of such supply shall have been
approved by the City of Franklin Water Utility and by the Wisconsin
Department of Natural Resources in accordance with Section NR 811.09,
Wisconsin Administrative Code.
C.
It shall be the duty of the Franklin Water Utility
to cause inspections to be made of all properties served by the public
water system where cross connection with the public water system is
deemed possible. The frequency of inspections and reinspections based
on potential health hazards involved shall be established and enforced
by the Franklin Water Utility.
D.
Upon presentation of credentials, a representative
of the Franklin Water Utility may request entry at any reasonable
time to examine any property served by a connection to the public
water system of the City of Franklin for cross connections. If entry
is refused, such representative may obtain a special inspection warrant
under § 66.0119, Wis. Stats. Upon request by a representative
of the Franklin Water Utility, the owner, lessee or occupant of any
property so served shall furnish to the inspection agency any pertinent
information regarding the piping system or systems on such property
if such information is know to such owner, lessee or occupant.
[Amended 3-5-2002 by Ord. No. 2002-1708]
E.
The Franklin Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger or contamination of the public water system. Water may be discontinued only after reasonable notice and opportunity for a hearing pursuant to the provisions of Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this section.
F.
If it is determined by the Franklin Water Utility
that a cross connection or any emergency endangers public health,
safety or welfare and requires immediate action, and a written finding
to that effect is filed by the Superintendent to the Utilities Manager
and delivered to the customers' premises by a representative of the
Franklin Water Utility, service may be immediately discontinued. The
customers shall have an opportunity for a hearing under Ch. 68, Wis.
Stats., within 10 days of such emergency discontinuance.
G.
Any person, firm or corporation violating any provision
of this section shall be subject to a forfeiture of not less than
$25 nor more than $500; each day of violation shall constitute a separate
violation.
H.
State laws adopted by reference. The Wisconsin Administrative
Plumbing Code, Chapter H62, and the Plumbing Chapter, Ch. 145 of the
Wisconsin State Statutes, are hereby accepted by reference and incorporated
into this article to the extent and with limitations provided by this
section.
A.
Fire protection service districts.
(1)
Southwood East Fire Protection Service Districts.
(a)
Boundary. Established and defined in the agreement
with the City of Oak Creek and any amendments thereto on file in the
office of the City Clerk.
(b)
Purpose. To define the district which shall
be subject to fire protection service charges, to tax all of the property
located in such district and to create a fund for the payment of fire
protection service charges assessed to such district.
(c)
Determination of assessment. The Director of
Public Works shall make an annual estimate of the service charges
for fire protection service to such district to be included in the
annual tax roll.
(d)
Special fund. All moneys collected or fire service
protection by the Treasurer shall be deposited in a special account
set aside for that purpose.
(e)
Withdrawals from special fund. The City Council
shall approve claims for fire service charges, and payments shall
be made by the City Clerk from the special fund.
(2)
Rawson Avenue Area Fire Protection Service District;
boundary. The limits of the Rawson Avenue Area Fire Protection Service
District are as defined in the agreement with the City of Oak Creek,
which is on file in the office of the City Clerk. The initial service
area shall be limited to the proposed Tumble Creek and Tiftor Heights
Subdivisions. The district may be enlarged to include the total Rawson
Avenue Service Area by action of the City Council after statutory
public hearing from time to time.
A.
The assessment for water mains installed on public property abutting private property shall be based upon the actual frontage of such property, except as provided in Subsections B and G. The owner, his or her agent or heirs of such property shall be assessed on a unit cost as determined by the City Council for each water main project for each lineal foot of assessable frontage.
[Amended 12-15-1998 by Ord. No. 98-1526]
B.
The assessment for water mains installed on public property abutting pie-shaped lots in a recorded subdivision or short frontage lots shall be based upon the actual frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The owner of a property having no frontage, but who can connect to the water main by obtaining an easement, shall also be assessed on the basis of a minimum 100 feet of frontage. The unit front foot cost of the water main shall be on a basis as determined in Subsection A above.
C.
The assessment for water mains installed on public property abutting nondivisible single-family or two-family residential lots, whose rear lot line width is less than 75% of the front lot line width, shall be based upon an assessment frontage which equals the average of the front lot line width and the rear lot line width, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the water main shall be on a basis as determined in Subsection A above.
D.
The assessment for water mains installed on public property abutting both sides of nondivisible single-family or two-family residential corner lots shall be based upon the actual short side frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the water main shall be as determined in Subsection A above.
E.
The assessment for water mains installed on public property abutting both sides of divisible single-family or two-family residential lots or lots other than single-family or two-family corner lots shall be based upon the actual short side frontage of such lots, plus that portion of the actual long side frontage of such lots in excess of 150 feet. The unit front foot cost of the water main shall be as determined in Subsection A above.
F.
A deferment of the principal and interest of a special
assessment for the installation of water for up to 300 feet of the
assessable frontage of a single parcel when the property abuts a transmission
line, the property is used for residential purposes, the property
has an existing and adequate water supply and until such time as the
property owner connects to the water system or 10 years from adoption
of the resolution levying the special assessment, whichever is sooner.
[Amended 12-15-1998 by Ord. No. 98-1526]
G.
The Council may use other reasonable methods of special
assessments to assess the costs of water main installation. Such other
method shall be set forth in the Engineer's report prior to the adoption
of any resolution levying assessments.
[Amended 12-15-1998 by Ord. No. 98-1526]
The assessment for water main laterals installed
from the main to the private property line shall be based upon accepted
contract bid price quotation plus 16% for administrative, engineering
and inspection fees. The owner, his or her agent or heirs of such
property shall be assessed a lump sum for each lateral installed.
A.
Fee. All existing buildings connecting to the City
water system shall pay at the time application is made for water connection
a fee as follows:
[Amended 5-7-2002 by Ord. No. 2002-1712]
(1)
For all residential dwellings, $1,269 per dwelling
unit.
[Amended 2-3-2004 by Ord. No. 2004-1779]
(2)
For commercial, manufacturing and industrial and institutional
buildings, the fee shall be determined as follows:
(a)
The property owner shall submit, on forms provided
by the City, information reasonably necessary to estimate the average
daily water usage from the nonresidential building, as may be applicable
to the building. and including but not limited to the Standard Industrial
Classification (SIC) Code designation for the use; a description of
the business and products produced or services offered as afforded
by the building; a description of the nature and use of and number
of square feet of each distinct area of the building; the number of
employees by area at full occupancy: the anticipated hours of operation
at full capacity; the estimated water usage as computed by the property
owner; fixture counts; known or estimated gallons of process water
used; and such other information required by the City to reasonably
ascertain the expected water usage of the building or buildings.
[Amended 2-3-2004 by Ord. No. 2004-1779]
(b)
The estimated average daily water usage shall
be determined by the City from the information supplied by the property
owner. Such determination may be made upon any reasonable method calculated
to accurately ascertain such water usage, including but not limited
to gallons per employee hour, gallons per square foot of building
space, known or estimated gallons of process water used, and fixture
counts. The City shall calculate the number of residential equivalent
connections (RECs) for the property by dividing the estimated average
water usage per day by 169 gallons and shall calculate and impose
an interim connection fee of $1,269 per REC.
[Amended 2-3-2004 by Ord. No. 2004-1779]
(c)
Since the connection fee determined under Subsections A(2)(a) and (b) above is based upon estimated intended usage, the City may, anytime within five years of the establishment of a nonresidential account, recalculate the connection fee based upon the highest actual quarterly water usage by a nonresidential account.
[Amended 2-3-2004 by Ord. No. 2004-1779]
(d)
In calculating the number of RECs for a nonresidential
property, the City shall determine the applicable number of RECs by
using one REC or the actual number of RECs determined for the development,
whichever is higher. Any fraction of one REC shall be rounded up to
the next one-half of one REC.
(3)
The connection fee imposed under this section shall
be increased annually at a rate of 5%, with the adjustment effective
January 1 of each year. The City Director of Administration or designee
shall calculate the adjusted fee and maintain a copy of the calculation
and the adjusted connection fee in the office of the City Clerk.
B.
Centralized water system. The water connection fee
shall not be required for existing buildings and future buildings
hereafter erected in a subdivision where provisions have been made
and accepted by the City Council for a centralized water system.
C.
Applications. All applications for water connection
shall be made to the Building Inspector by the owner or his or her
authorized representative. Upon the filing of such application and
the payment of the fee as herein set forth, such applicant shall be
connected with the City water main.
D.
Funds. All funds received in payment of such connection
fee shall be segregated by the City Treasurer and shall be used to
defray the costs of installation of water transmission lines and additions
to the water supply system.
E.
Penalty. Any person failing to obtain such water connection permit and pay the appropriate connection fee as provided in this section shall be subject to a penalty as provided in Chapter 1, General Provision, § 1-19, and/or such unpaid connection fee shall be placed upon the municipal tax rolls for collection.
A.
Application. Whenever a landowner desires to or is
required by City ordinance to provide water service to land within
the City, such landowner may request the City construct the water
transmission and supply facilities in the following manner:
(1)
Written application may be made to the City Engineer
for a determination of the size and location of facilities which would
be required to serve the area in question and such other areas as
could reasonably be served by the water facilities.
(2)
Within 30 days of the filing of the application, the
Engineer shall advise the landowner of any existing plans of the City
for the construction of such facilities. If in the opinion of the
City Engineer there is no reasonable probability that such facilities
will be built within five years of the request, he or she shall so
inform the applicant, in writing, within 120 days of receipt of the
application.
B.
Review of request for advance water extension. If
the landowner desires the City undertake the extension of the water
facilities in advance of the City's extending such facilities, he
or she may make a request to the City Engineer. The Board of Water
Commissioners shall review the request and make a recommendation to
the City Council for final action. The City Council may, subject to
the approval of the Public Service Commission, determine whether to
construct the facilities as a public project. The following factors
shall be considered in making this determination:
(1)
The need to use City or Utility funds, if any, on
this project, as compared with other public projects presently authorized
or in the planning stage.
(2)
The availability of City staff to prepare plans and
supervise the construction of such facilities at the present time
in light of the existing and future workload.
(3)
The probable effect of such construction upon the
ability of the Water Utility to support the new area with the necessary
services within the established rate structure.
C.
Financing cost of construction. The cost of any water
facilities shall be financed on the following basis unless otherwise
agreed to by the City Council subject to the approval of the Public
Service Commission for reasons which are in its opinion unique to
the particular project. After review and recommendation by the Board
of Water Commissioners, the City Council shall determine whether or
not the requested facility would serve an immediate public need of
the City in general and whether funds are available for the requested
extension.
(1)
If the City Council determines there is an immediate public need and funds are available or the proposed project otherwise benefits the City, the City may proceed with the project as a City public works project installed through the process of special assessments as set forth in § 207-15. The City shall pay the oversize cost and any deferments through the water connection fee account.
(2)
If the City Council determines that there is no immediate
public need or funds are not available, the requesting landowner or
developer shall pay the City the cost of the facilities to be constructed.
The landowner or developer shall be reimbursed without interest as
follows:
[Amended 4-3-2017 by Ord.
No. 2017-2264]
(a)
The oversize portion of the facilities (over
an eight-inch diameter as calculated by the City Engineer) shall be
reimbursed to the requesting landowner in five annual equal payments,
beginning February 15, after the facilities are placed into operation.
Reimbursement shall not include interest. In the event the total project
oversize portion reimbursement amount upon project completion is $30,000
or less and City funds are available in the Development or Utility
Development Funds, as certified by the Director of Finance and Treasurer,
such reimbursement shall be paid within a reasonable amount of time
from project completion. Reimbursement shall not include interest.
(b)
The nonoversize portion of the facilities shall
be reimbursed to the requesting landowner as the amount is recovered
by the City from abutting property owners as they connect and receive
service. The prorated frontage cost of the nonoversize portion shall
be collected from the abutting property owners and returned to the
landowner for a period of not more than 10 years from the date the
facilities are placed into service. No reimbursement shall be made
after the ten-year period. Reimbursement shall not include interest.
[Amended 10-17-2017 by Ord. No. 2017-2298]
(c)
As an alternate to Subsection C(1)(b) above, the City Council may special assess abutting property owners for the nonoversize cost. If such determination is made, the requesting landowner shall be required to pay the City the funds deferred for the special assessment as provided in § 207-20D, providing deferments to residential users for water assessments. Reimbursement of the funds deferred shall be made to the landowner when collected. Reimbursement shall not include interest.
D.
Items included in cost of construction. The cost of
any facilities shall include the cost of all engineering, inspection,
legal, fiscal and other work related to the project plus a fee of
1% to defray the administrative and clerical expense of the City.
E.
Bond or cash deposit. No facility project shall be awarded unless the requesting landowner deposits with the City Clerk a bond or cash equal to 110% of the bid of the successful bidder plus such amount as shall be required in the opinion of the City Engineer to cover the cost specified in Subsection D above.
F.
Other authority retained. Nothing in this section
shall deprive the City of the powers conferred by §§ 66.53
through 66.698, Wis. Stats.[1]
[1]
Editor's Note: Chapter 66, Wis. Stats., was
renumbered in part and repealed in part by 1999 Act 150. See the Conversion
Table for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.
A.
The City Council delegates to the Director of Public
Works with the approval of the Board of Water Commissioners the authority
to promulgate and thereafter amend regulations on the outdoor use
of water from the Water Utility as may be necessary to conserve the
capacity and pressure of water supply sources for the protection of
the public health, safety and welfare.
B.
These regulations may apply to the sprinkling of lawns,
gardens, shrubs and trees; car washing and filling of swimming pools;
installation of new lawns by sodding or seeding; and may designate
the days, hours or both when such may be allowed or prohibit such
uses completely in periods of emergency.
C.
The regulations may make exceptions for newly established
lawns in specific areas for the period of irrigation of crops necessary
to prevent loss, for commercial car washes that recycle water and
for golf courses with an adequate supply of water from their own ponds.
D.
Such regulations or changes shall become effective
upon their publication as a Class 1 notice in the City newspaper.
A.
No person shall operate a valve or hydrant that is
a part of the City Water Utility System without authorization of the
Utility Manager.
B.
Permits for the operation and use of hydrants that
are a part of the Utility System shall apply only to such hydrants
as are designated for the specific use.
[Added 5-21-2013 by Ord. No. 2013-2105[1]]
A.
Application. Whenever a landowner or developer desires to extend
sanitary sewer service to land within the Southwest Sanitary Sewer
Service Area, such landowner or developer may request the construction
of sanitary sewer extension facilities in the following manner:
(1)
Written application may be made to the City Engineer for a determination
of the size and location of facilities which would be required to
serve the area in question and such other areas as could reasonably
be served by the sanitary sewer facilities.
(2)
Within 30 days of the filing of the application, the Engineer shall
advise the landowner or developer of any existing plans of the City
for the construction of such facilities.
B.
Review of request for advance sanitary sewer extension. If the landowner
or developer desires the City undertake the extension of the sanitary
sewer facilities in advance of the City's extending such facilities,
the landowner or developer may make a request to the City Engineer.
The City Engineer shall review the request and make a recommendation
to the Common Council. The Common Council may determine whether to
allow the construction of the facilities by the landowner or developer
or to construct the facilities as a public project. The following
factors shall be considered in making this determination:
(1)
Whether there is an immediate public need for the sanitary sewer
extension project.
(2)
Whether the project will primarily provide for the development of
vacant lands.
(3)
The availability of and need to use City funding on the project,
as compared with other projects presently authorized or in the planning
stage.
(4)
The availability of City staff to prepare plans and supervise the
construction of such.
C.
Financing cost of construction. The cost of any sanitary sewer facilities
shall be financed on the following basis unless otherwise determined
by the Common Council for reasons which are in its opinion unique
to the particular project. The Common Council shall determine whether
or not the requested facility would serve an immediate public need
of the City in general and whether funds are available for the requested
extension.
(1)
If the City Council determines there is an immediate public need and funds are available or the proposed project otherwise benefits the City, the City may proceed with the project as a City public works project installed through the process of special assessments as set forth in § 207-15 of this Code. The City shall pay the oversize cost and any deferments through the Southwest Sanitary Sewer Service Area sanitary sewer connection fee and impact fee accounts.
(2)
If the Common Council determines that there is no immediate public
need or funds are not available, the requesting landowner or developer
shall pay for the cost of the facilities to be constructed. The landowner
or developer shall be reimbursed without interest as follows:
(a)
The oversize portion of the facilities (an eight-inch-or-more
diameter as calculated by the City Engineer based upon estimated flow
based upon land use) shall be reimbursed to the requesting landowner
or developer in five annual equal payments, beginning February 15,
after the facilities are placed into operation. Reimbursement shall
not include interest. The actual oversize costs shall be calculated
using only the difference in materials costs. In the event the total
project oversize portion reimbursement amount upon project completion
is $30,000 or less and City funds are available in the Development
or Utility Development Funds, as certified by the Director of Finance
and Treasurer, such reimbursement shall be paid within a reasonable
amount of time from project completion. Reimbursement shall not include
interest.
[Amended 4-3-2017 by Ord.
No. 2017-2264]
(b)
The nonoversize portion of the facilities shall be reimbursed
to the requesting landowner or developer as the amount is recovered
by the City from abutting property owners as they connect and receive
service. The prorated frontage cost of the nonoversize portion shall
be collected from the abutting property owners and returned to the
landowner or developer for a period of not more than 10 years from
the date the facilities are placed into service. No reimbursement
shall be made after the ten-year period. Reimbursement shall not include
interest.
[Amended 10-17-2017 by Ord. No. 2017-2298]
D.
Items included in cost of construction. The cost of any facilities
shall include the cost of all engineering, inspection, legal, fiscal
and other work related to the project.
E.
Bond or cash deposit. No facility project shall be awarded unless the requesting landowner or developer deposits with the City Clerk a bond or cash equal to 110% of the bid of the successful bidder plus such amount as shall be required in the opinion of the City Engineer to cover the cost specified in Subsection D above.
F.
Other authority retained. Nothing in this section shall deprive the
City of the powers conferred by §§ 66.53 through 66.698,
Wis. Stats.[2]
[2]
Editor's Note: Chapter 66, Wis. Stats., was renumbered in
part and repealed in part by 1999 Act 150. See the Conversion Table
for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.
[Added 5-21-2013 by Ord. No. 2013-2105]
A.
Connection policy. If public sanitary sewer service is extended by the City upon a determination by the Common Council of immediate public need for such service, the provisions of § 207-1A of this Code requiring connection shall apply. If public sanitary sewer service is extended by a property owner or developer upon a determination by the Common Council of no immediate public need for such service, a property supporting an existing structure usable for human habitation within the extension area shall not be required to connect to the service, provided the property is then served by a private on-site wastewater treatment system that conforms with the state plumbing code and all other applicable state and City statutes, codes, ordinances and regulations (to be determined for compliance by the City Building Inspection Department upon review of proof prepared by a person or entity licensed, certified and/or registered in Wisconsin to perform on-site wastewater treatment system testing, of a system inspection which occurred not more than one year prior to the date of public sanitary sewer becoming available, which shall be submitted by the property owner), until such property is redeveloped whereby 50% or more of the building structure(s) served by the system upon the property is/are replaced or remodeled or are expanded by 50% of the floor space area or more. The Common Council shall consider the existence of any failing private on-site wastewater treatment systems upon properties to be served by any extension when deciding upon any determination of immediate public need. Prior to any determination of immediate public need, the Common Council shall survey all of the owners of property in the area to be served by the proposed extension, by written survey delivered by regular United States Mail. The Common Council shall consider the survey results in its determination. One survey shall be provided to and available for return per property. Survey results providing for a majority of properties whose owners are in favor of the sewer extension shall carry great weight in the determination.
B.
Connection fees. All existing (upon the effective date of this section
on May 31, 2013) buildings in the Southwest Sanitary Sewer Service
Area connecting to the sanitary sewer system of the City, shall pay
at the time application is made for sewer connection a connection
fee as follows:
(1)
For all single-family dwellings, a minimum charge of $2,928.
(2)
For multifamily buildings, an initial charge of $2,928 for the first
unit in a multifamily building and an additional $1,464 for each additional
living unit erected in the same multifamily building.
(3)
All commercial buildings, manufacturing buildings, industrial buildings, schools, churches or any other structure [not including structures providing multifamily dwelling units, to which Subsection B(2) above shall apply] for which a request for connection shall be made shall pay a minimum fee of $2,928 for such connection.
(a)
If such structure shall have a water main connection thereto
greater than three-fourths-inch diameter, then the fee shall be determined
as follows:
Meter Size
(inches)
|
Equivalent Meter Factor
|
Fee per Meter
| |
---|---|---|---|
5/8
|
1.00
|
$2,928
| |
3/4
|
1.00
|
$2,928
| |
1
|
2.50
|
$7,320
| |
1.25
|
3.75
|
$10,980
| |
1.5
|
5.00
|
$14,640
| |
2
|
8.00
|
$23,424
| |
2.5
|
12.50
|
$36,600
| |
3
|
15.00
|
$43,920
| |
4
|
25.00
|
$73,200
| |
6
|
50.00
|
$146,400
| |
8
|
80.00
|
$234,240
| |
10
|
120.00
|
$351,360
| |
12
|
160.00
|
$468,480
|
(b)
If no water connection is made, the Council shall determine
the connection charge based on anticipated water use.
C.
Private on-site wastewater treatment system installed on or after
10 years before May 5, 2013, in the Southwest Sanitary Sewer Service
Area. If a property owner installed on the property a private on-site
wastewater treatment system that currently conforms with the state
plumbing code and all other applicable state and City statutes, codes,
ordinances and regulations (to be determined by the City Building
Inspection Department upon review of then-current proof prepared by
a person or entity licensed in Wisconsin to perform on-site wastewater
treatment system testing, which shall be submitted by the property
owner), on or after 10 years before May 5, 2013, and if the property
owner provides the City Engineer with information about the type,
installation, cost, age and functional performance of the private
on-site wastewater treatment system required by the City Engineer
to ascertain the compliance of the system to the provisions of this
subsection to a reasonable certainty, the City, when the City issues
any assessment or connection fees for the extension of public sanitary
sewer applicable to the property, shall credit the property owner
an amount equal to 10% of the cost of the private on-site wastewater
treatment system, less any grants or aids received by the property
owner for construction of the private on-site wastewater treatment
system, multiplied by the number of years of remaining life of the
private on-site wastewater treatment system. The number of years of
remaining life of the private on-site wastewater treatment system
is equal to 10 minus the number of years that the private on-site
wastewater treatment system has been in operation. Such credit amount
shall not exceed the total of the principal amount of sewer assessment
and connection fees applicable to the property.