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HomeMy WebLinkAboutChapter 28 - Water City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 1 Municipal Code CHAPTER 28 WATER ARTICLE I. WATER UTILITY 28-1 Creation 28-2 Management of Water Utility 28-3 Public Construction and Services / Methods of Payment / Special Charges / Special Assessments 28-3.5 Rates and Charges 28-4 Application of Income. 28-5 Tapping and connection to water mains. 28-5.1 Interference with Utility Officers/Agents. ARTICLE II. WATER USE. 28-7 Water use limitations ARTICLE III. PRIVATE SIDE LEAD SERVICE LINE REPLACEMENT FINANCING 28-10 Private Side Lead Service Line Replacement Financing. ARTICLE IV. PENALTIES. 28-20 Penalties. City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 2 Municipal Code ARTICLE I. WATER UTILITY SECTION 28-1 CREATION There is hereby established a Water Utility in the City of Oshkosh. The operation of the Water Utility shall be under the supervision of the Director of Public Works. SECTION 28-2 MANAGEMENT OF WATER UTILITY. (A) Policy Matters. All matters of policy concerning the operation, maintenance, functioning, expansion and general control of the Water Utility shall be determined by the Common Council. (B) Administrative Matters. All matters of an administration or executive nature concerning the operation, maintenance and functioning of the Water Utility shall be within the jurisdiction of the Department of Public Works, subject to the control and management of the City Manager. SECTION 28-3 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS. The city, acting through the Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a water system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, water mains, laterals, and such other facilities as will support the water system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 28-3.5 RATES AND CHARGES The Common Council may establish classifications and rates by resolution in accordance with the Rules of the Wisconsin Public Service Commission. In the event the owner and non-owner users of a particular City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 3 Municipal Code property are not the same, the liability for the charges attributable to that property shall be joint and several. The charges established will be billed to the utility customer on a monthly basis and shall not be payable in installments. A late payment charge as established by further resolution of the Common Council will be added to bills not paid within 20 days of issuance. Bills shall be mailed to the recipient designated by the owner of the property to which the bill relates, provided that such mailing shall not relieve the owner of any property from liability for the charges in the event payment is not made and the owner shall be given notice of any delinquencies as provided in Sec. 66.0809 Wis. Stats. Charges which are in arrears shall be taxed and collected under the provisions of Sec. 66.0809, Wis. Stats. SECTION 28-4 APPLICATION OF INCOME. The income of the utility shall be first used to meet operating expenses, expenses of maintenance, depreciation, interest, and sinking fund requirements, additions and improvements, and other necessary disbursements or indebtedness. Income in excess of these requirements may be used to purchase and hold interest bearing bonds issued for the acquisitions of the utility, or bonds issued by the United States, or any municipal corporation of this State, as determined from time to time by the Common Council. SECTION 28-5 TAPPING AND CONNECTION TO WATER MAINS. (A) Water Main to be Tapped by City only. No person except an employee of the Water Utility, shall tap or cause to be tapped any water main or connection thereto between the meter and the main, or interfere with any part or fitting from and including the water main to the meter. Services from the water main to the outside water shut-off box may be laid, however, by duly licensed plumbers upon permit by the Water Utility and under the supervision of the superintendent of Outside Construction. (B) Connection with Sprinkler System Prohibited. No connection, whether metered or not, shall be permitted from any sprinkler system. All services shall run directly from the main to the meter. (C) Valves to be Operated by City Employees Only. No person, except employees of the water Utility, shall open or close any valve or stop box in the public streets. SECTION 28-5.1 INTERFERENCE WITH UTILITY OFFICERS/AGENTS The provisions of Section 196.171, Wisconsin Statutes, pertaining to interference with Utility officers and City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 4 Municipal Code agents, exclusive of penalties, is adopted by reference and is incorporated fully in this Code. It is the intent of this Section to include all future amendments, modifications, revisions and renumberings unless otherwise expressly provided in such references. Any act required to be performed or prohibited by the statute incorporated herein is required or prohibited by this Section. Any person convicted of violating this Section shall be subject to penalties contained in Article II of this Chapter. ARTICLE II. WATER USE SECTION 28-7 WATER USE LIMITATIONS Whenever in the opinion of the City Manager, the necessity to limit water usage exists due to weather conditions, water usage, electrical power outages or other cause, the City Manager is hereby empowered, authorized and directed, for such time as the necessity for water use limitations exists, to issue orders and regulation restricting the use of water. Such restrictions may include any or all of the following. No person, owner or occupant of any lot or premises served by the Oshkosh waterworks shall: (A) water or sprinkle or allow the same of a lawn, garden or premises with water from the Oshkosh waterworks on odd numbered dates on lots or premises having odd numbered house and building numbers. (B) water or sprinkle or allow the same of a lawn, garden or premises with water from the Oshkosh waterworks on even numbered dates on lots or premises having even numbered house and building numbers. (C) water or sprinkle or allow the same of a lawn, garden or premises with water from the Oshkosh waterworks when a water emergency has been declared. (D) wash any vehicle with water from the Oshkosh waterworks, except in a car wash business. (E) fill swimming pools with water from the Oshkosh waterworks. (F) utilize with water from the Oshkosh waterworks for any other non-essential water usage. No such order or declaration made by the City Manager pursuant to the authority granted in this ordinance shall be effective until the proper City officials shall have caused announcement thereof to be made by at least one (1) radio station whose normal operating range covers the City. Upon such announcement, it shall be unlawful for any person, owner, or occupant to use water from the Oshkosh waterworks in violation of the order or declaration. Such emergency or limitation shall continue for such period as specified in the declaration or order. City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 5 Municipal Code ARTICLE III. PRIVATE SIDE LEAD SERVICE LINE REPLACEMENT FINANCING SECTION 28-10 PRIVATE SIDE LEAD SERVICE LINE REPLACEMENT FINANCING (A) PURPOSE. The Common Council finds that the replacement of public and private lead service lines protects public health and promotes the general welfare of City residents. The purpose of this section is to facilitate loans to property owners to replace private lead service lines by treating principal and interest repayments, fees and other charges for these loans as special charges eligible for inclusion on the tax bill for these properties. (B) DEFINITIONS. (1) "Annual installment" means the portion of the private LSL replacement loan amount that is due for a particular year under the private LSL replacement loan agreement. (2) “Borrower” means a property owner who enters into a private LSL replacement loan agreement with the City to fund the replacement of a private lead service line on the borrower’s property. (3) "Loan agreement" means a written agreement among a borrower and the City as provided in subsection 4. (4) "Loan amount" means the amount of principal, interest, administrative fees, and other loan charges under the loan agreement to be paid by the borrower under the private LSL replacement loan. (5) "LSL” / “Lead Service Line” means (i) all or a portion of a water service line constructed of lead, and/or (ii) all or a portion of a water service line constructed of galvanized material that is or was downstream of lead. The term includes both private-side water service lines and public-side water service lines. (6) "Private LSL replacement loan" means a loan made by the City to a borrower under this section for the replacement of a private lead service line on a subject property. (7) “Private LSL” means a customer-side water service line, as defined in Wis. Stat. s. 196.372(1)(a), constructed of lead or constructed of galvanized material that is or was downstream of lead. (8) "Subject Property" means any property on which a private lead service line replacement has been made and financed through an outstanding private LSL replacement loan. (C) LOAN APPLICATION AND APPROVAL. A prospective borrower applying for a private LSL replacement loan must comply with the loan application process established by the City within the Lead Service Line Replacement Policy. The City will review and determine whether to approve the loan City of Oshkosh Municipal Code 03/26/24 City of Oshkosh Chapter 28 – Page 6 Municipal Code application. (D) LOAN AGREEMENT. The City and the borrower must execute a loan agreement which at a minimum: (1) Sets forth the total loan amount for private-side water service line replacement, the annual interest rate on the loan, the loan term, the amount of each annual installment, and any applicable City fee. (2) Informs the borrower that the loan amount shall be considered a special charge, and each year's annual installment shall be levied onto the property tax bill of the Subject Property as a special charge and be a lien against the Subject Property pursuant to s. 66.0627, Wis. Stats., as amended. (E) PRIVATE LSL REPLACEMENT LOAN AS SPECIAL CHARGE. A private LSL replacement loan shall be considered a special charge and lien on the Subject Property. Each year's annual installment shall be levied onto the property tax bill of the Subject Property as a special charge pursuant to s. 66.0627, Wis. Stats., as amended. (F) COLLECTION OF SPECIAL CHARGES. The City shall follow its customary practice in collecting special charges placed on the tax rolls, including assessing penalties and charging interest, and initiating foreclosure proceedings where appropriate. (G) SEGREGATED FUND. Special charges collected for private LSL replacement loan repayments shall be placed in a segregated fund and disbursed in accordance with the requirements of the City’s funding sources. (H) RECORD KEEPING. The City shall keep an accounting of private LSL replacement loans and payments received by the City and provide borrowers with that information upon request. (I) ADMINISTRATION FEE. The City may establish a reasonable fee to charge a borrower for administering a private LSL replacement loan and include this fee in the loan agreement. ARTICLE IV. PENALTIES SECTION 28-20. PENALTIES. Any person violating any of the provisions of Chapter shall be subject to a penalty of not less than Seventy- five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), together with the cost of prosecution, and in default in payment thereof, subject to such further penalty or action as authorized by law.