|
|
Article 1 - Collections Section
4.1.01
Electricity and Water Meters
Section
4.1.02
Utility Statements
Section
4.1.03
Hearings on Delinquent Accounts Payments not received by the Finance Office on or before the 10th day of each month shall be considered delinquent and subject to disconnect. And evaluation of delinquent accounts shall be done by the Finance Office and disconnect notices prepared. The customer shall be notified by the 20th day of each month with a termination notice that if the delinquent account is not paid in full by the last Monday of each month, the electrical service shall be disconnected. Bills that remain unpaid twenty-five (25) days after the original billing date shall be subject to the following late fees or interest charges: $5.00
- $200.00...............................Late Charges of $10.00/month When the electric service has been disconnected, it shall not be reconnected until all back utility charges, a delinquent account fee of ten dollars ($10.00) and a reconnection fee of twenty-five dollars ($25.00) shall have been paid. The revenue generated shall be fore general fund purposes. Payment arrangements shall be allowed for accounts that have had their electric utility disconnected without the approval of the City Administrator and Finance Officer. Appeals on disputed charges shall be addressed to the Finance Officer, by written notice, between the hours of eight a.m. to five p.m., Monday through Friday. The customer shall be given and opportunity to appeal the decision of the Finance Officer if the appeal is denied at this level. All appeals on disputed charges shall be brought before the City Council at its next regularly scheduled meeting and service shall be continued until the appeal is heard. An advance deposit shall be required of all electric consumers that provide a favorable credit reference from a previous utility supplier and is received at the Finance Office within two (2) weeks of connection of service and no consumer shall be connected until the advances have been paid. Failure to produce a favorable utility credit reference shall result in immediate disconnection of service unless consumer deposits an additional amount as set by the Council with the Finance Office. The additional amount will be carried as a credit to consumers account for one year, to be returned to the consumer, providing utility payments have been received in the Finance Office by the 10th of each month for that year, or until final settlement is made. Any person residing within or without the City who desires water from the City shall submit a deposit that shall be carried as a credit against the applicant’s account until final settlement is made.
Section 4.1.04 Payment of Utility Page All utility payments shall be made at the Finance Office in the Winner Municipal Building.
Section
4.1.05
Reinstatement A hook-up fee
of twenty-five (25) dollars for electrical service reinstated and a hookup fee
of twenty-five (25) dollars for water service reinstated shall be collected,
prior to reinstatement.
Section
4.1.06
Payment of Utility Bill All utility
payments shall be made at the Finance Office in the Winner Municipal Building.
Section
4.1.0
Churches Outside City Limits Any church or
parsonage that is located outside of the City limits and is connected to the
City Utility Service, shall pay the same rate for utilities as those rates paid
by residents of the City for residential utility service. Any church or
parsonage outside of the City limits that has an outlaw tap to City Utility
Services can qualify for utility rates at the residential rates of the City if
said church or parsonage is owned by a church and qualifies under the Internal
Revenue Service regulations as a non-profit entity. Any church or
church-owned parsonage located outside the City limits which request City
Utility Rates to be billed at the same rate as residents of the City shall agree
by paying the City residential rates, to sign any petitions for inclusion into
the City limits which may be circulated by any person owning land who wants said
land included within said City.
Section
4.1.08
Obtaining a Permit to Dig After any
street, avenue or alley in the City shall be paved, it shall be unlawful for any
person to tear up, dig up, or open said pavement for the purpose of laying gas,
water or sewer pipes, drains or tunnels or for the purpose of erecting gas or
electric lights or lines or telephone lines upon or under said pavement, or for
any purpose whatever, without first obtaining a permit to do so from the City
Finance Officer of said City and such permit shall be granted only upon a
written application and deposition with the City Auditor, the sum of twenty-five
(25) dollars for each square yard, or fraction thereof, of pavement to be cut
and opened up, and then such proposed excavation shall be made under the
supervision of the City Superintendent, and any excavation so made shall be
refilled and the pavement rebuilt and replaced in as good condition as it then
was; the same to be done under the supervision of the City Superintendent and
the expense there of certified to the City Finance Officer by the City
Superintendent and the amount thereof deducted by the City Finance Officer from
the deposit made as aforesaid, and the remainder of said deposit, if any, shall
be returned by the City Finance Officer to the person making the same.
Article 2 – Electricity Division 1 – General
Regulations Section
4.2.01
Establishment of Authority An Article
providing for the approval by the governing body of the City of a franchise
authorizing the Winner Light and Power Company, Inc., it's successors or
assigns, to occupy any of the streets or alleys of public places of the City for
the purpose of operating a public utility for the production, transmission,
distribution, and sale of electric light, heat, and power within the limits of
the City and providing for the submission of such proposition to the electors of
said City by an election thereon. All protection of electric motor(s) against low voltage or voltage loss on one or more phases of three-phase electric motor(s) is at the option of the customer. The City of Winner will not be held responsible.
Section
4.2.02
Approval The Council
approves of a proposed franchise granting to the Winner Light and Power Company,
Inc. the right to use the streets, alleys, and public places of the City in the
manner and for the purpose set forth in said franchise.
Section
4.2.03
Franchise A.
Terms
- The right and privilege is hereby granted to the Winner Light and Power
Company, Inc., it's successors and assigns, to occupy any of the streets,
alleys, or public places of the City for the purpose of operating a public
utility for the production, transmission, distribution and sale of electric
light, heat and power within said City for a period of ten (10) years from and
after the 28th day of February, 1942, provided, however, that the right herein
granted shall not be exclusive.
B.
Erection,
Maintenance, and Operation - The said Winner Light and
Power Company, Inc., its successors and assigns, shall erect, maintain and
operate for the said period of ten years, a complete, adequate and sufficient
electric light and power plant within the limits of the City and shall erect,
operate and maintain a complete, adequate and sufficient electric distribution
system within the limits of said City, which shall be in all respects fully
adequate to supply the demand of the City and inhabitants thereof with
electricity for light, heat, and power purposes.
C.
Erection,
Location Of Poles, Wire And Conduits - In
erecting poles, stringing wires and placing conduits the Winner Light and Power
Company, Inc., its successors and assigns shall conform to all reasonable
regulations prescribed by the Council to prevent the injury to streets, alleys,
sidewalks, and public places and to persons and property.
The conducting wires and poles on which the same are erected, must be of
such material and construction as the governing body of said City shall approve
and must be placed and located under the supervision of said governing body or
such officer of the City as may be designated by said governing body, and shall
be subject at all times to change of location, by and at the expense of the said
Winner Light and Power Company, Inc., its successors and assigns, whenever the
Council shall so direct. No poles,
conduits, or wires shall be set on the Main Street of said City; and where it is
necessary to cross Main Street with electric wires or poles the poles for said
wires shall in all cases be set at least six (6) feet from said Main Street and
such poles shall be of sufficient height to carry such wire at an elevation
sufficient not to interfere with the normal use of said Main Street and in no
event shall such poles be less than thirty-five (35) feet in height.
D.
Financial
Statement - The Winner Light and Power Company,
Inc., its successors and assigns, shall when requested by the Council of said
City, at its own cost and expense, file with the Finance Officer of the City, a
full and complete financial statement of the affairs of said Company in the City
which statement shall be audited and certified by a Certified Public Accountant
and which statement shall disclose any and all facts pertaining to the Financial
constitution of said company.
E.
Save
City Harmless - The Winner Light and Power Company,
Inc., its successors and assigns, shall be liable for all damages due to it's
negligence in erecting, operating, or maintaining it's electric system within
said City and shall at all times save the City harmless from any and all
liability arising out of negligence of the Company.
Section
4.2.04
Membership Agreement The City
enters into a certain agreement for membership in the Missouri Basin Municipal
Power Agency.
Section
4.2.05
Executor of Agreement The Mayor is
hereby authorized and directed to execute such agreement for, on behalf of, and
in the same of the City and the City Finance Officer is authorized to affix the
seal thereto and attest to such agreement.
Section
4.2.06
Adoption of Electrical Code The City
hereby adopts as its electrical code the National Electrical Code and that the
installation of any electrical wiring in the City shall be done pursuant to the
National Electrical Code.
Article 2 – Electricity Division 2 – Requirements for
Connection Section
4.2.07
Electrical Deposits Providing a
favorable credit reference from a previous utility supplier is received at the
Finance Office within two (2) weeks of connection of service, an advance deposit
of sixty (60) dollars shall be required of all electric consumers and no
consumer shall be connected until the advances have been paid. Failure to
produce a favorable utility credit reference will result in immediate
disconnection of service unless consumer deposits an additional one hundred
(200) dollars with the Finance Office to be carried as a credit to consumers
account for one year, to be returned to the consumer, providing utility payments
have been received in the Finance Office by the 10th of each month
for that year, or until final settlement is made.
Section
4.2.08
Temporary Service Where from
good and sufficient cause, it is necessary to have electricity on any
installation before final inspection certificate is issued, the City may issue a
temporary permit, providing that all parts to which current is applied are in a
safe and satisfactory condition. Said
temporary permit shall be in effect for a period not to exceed thirty (30) days.
Section
4.2.09
Connecting or Disconnecting It shall be
unlawful for any electric light, heat or poser company to make any electrical
connections to any building until a certificate stating that, "all
electrical wiring has been approved," has been issued by the City
Superintendent or his representative.
Section
4.2.10
Fire Zone Installations All
electrical wiring hereafter installed in or on any building located within the
fire zone of the City shall be in approved conduit in conformity with the
National Electrical Code.
Section
4.2.11
Service Entrances All service
entrances hereinafter installed in or on any building, (except those located in
said fire zone) shall be installed in either approved steel conduit or approved
entrance PVC pipe with the outer end equipped with an approved service head or
fitting and extending, without outlet or junction box, into the service cabinet
of approved steel construction, with underwriters label or approval attached
thereto. Said service cabinet shall
be located inside the walls of the building, (unless said cabinet is constructed
of approved weather proof material and design and permission has been granted
for use of same) in the nearest accessible place to the point of where the wires
enter the building, but in no case may it be located over fifteen (15) feet from
the point of entrance or an exit to the building.
Service or entrance cabinet shall be so arranged that the handle of the
main disconnect thereof shall not be over six and one-half (6 ˝) feet above a
permanent floor. Conduit or cable shall be secured and permanently bonded and
grounded.
Section
4.2.12
Inspectors Duties The
inspector, or authorized representative, is hereby authorized, empowered, and
directed to have general supervision over all electrical wiring now in existence
or to be placed in service in the future. The
inspector is directed to inspect and determine the condition of wiring located
in or on any building within the City. The
inspector shall have the power to enter at reasonable times upon any private or
public property for the purpose of inspecting and investigating conditions
relating to enforcement of this Article or the regulations set forth there under.
It shall be the duty of the occupants or persons in charge thereof, or
the owners of any property to give the inspector or his representative free
access to such premises at reasonable times for the purpose of inspection.
Whenever any electrical wiring or other electrical apparatus becomes
unsafe or in a defective insecure condition the said inspector or his
representative shall notify the owner or occupant to repair or remove the
defective wiring or apparatus within twenty-four (24) hours, or within such time
as the inspector may deem necessary, if correction is not made within the
allotted time then the inspector or department shall cause all services to be
discontinued until such time that inspection shows that correction has been
made.
Section 4.2.13 Tie In Fee Tie In Fee......
$300.00 Fee to
include primary line. All
Additional secondary material and labor is the responsibility of User.
Article 2 – Electricity Division 3 – Rates Section
4.2.14
Establishment of Rates Electrical
rates shall be established by the City Council at any regular meeting upon
presentation of an ordinance setting forth the rates. The following
schedule of electrical rates or charges for electricity is hereby established: A. RESIDENTIAL RATES: Customer Charge – per month…..…………………………………….$10.50 Charge per kWh………………………………..……………………….0850 B. Multiple Dwellings: Customer Charge – per month, per living unit………………………$10.50 Charge per kWh…………………………………………………… .0850 C. Small Commercial Rates: Available to non-residential customers with single-phase or three-phase service requirements with monthly demands of less than 25 kW in ten or more months out of the previous twelve months. Customer Charge – per month……………………………………….. $15.00 Charge per kWh……………………………………..……………… .0900 D. Large Commercial Rates: Available to non-residential customers with single or three-phase service requirements with monthly demands exceeding 25 kW in three or more months out of the previous twelve months. Once moved to this class, a customer will remain on this rate for a minimum of 12 months. Customer Charge – per month……………………………..……….. $25.00 Energy Charge per kWh……………………………………………. .0530 Demand Charge per demand kW……………………..………………$9.10 D. Security Light – per light per month charge……………………….…………...$.6.00
Bills become
delinquent on the 10th day of the month and if not paid, electrical service
shall be disconnected after notice. A
reconnect charge of twenty-five (25) dollars must be paid in addition to the
delinquent amount of the utility bill before electrical service can be restored.
This policy shall be applicable to all residential and commercial
customers and for all domestic and commercial uses including small motors not
more than 3 h.p. individual capacity, single phase.
Article 3 – Water Division 1 – General
Regulations Section
4.3.01
Establishment of Authority An Article
concerning the system of waterworks of the City and establishing the water
rates, rules, regulations, and penalties for the government of water consumers,
contractors, licensed plumbers, and others.
Section
4.3.02
Violation of Contract If any part
of contract is violated, the water will be shut off and payments will be
forfeited.
Section
4.3.03
Certain Uses Subject to Regulation The use and
withdrawal of water by any person for the following purposes is hereby subject
to regulation by resolution of the Council: A.
Watering
Lawns - The sprinkling, watering or
irrigating of shrubbery, trees, grass, ground covers, plants, vines, gardens,
vegetables, flowers, or any other vegetation.
B.
Washing
Mobile Equipment - The washing of automobiles,
trucks, trailers, trailer-houses, railroad cars, or any other type of mobile
equipment.
C.
Cleaning
Outdoor Surfaces - The washing of sidewalks,
driveways, filling station aprons, porches, and other outdoor surfaces.
Section
4.3.04
City Water Mains as a Heating and Cooling Source A.
Only buildings owned by governmental units are eligible to use the
City’s water main as a heating and cooling source; B.
No connections of any governmental building to the City’s water main
for heating or cooling purposes without the governmental unit owning the
building and first obtaining permission from the Council.
In seeking permission, the governmental unit owning the building shall
file with the City Finance Officer, all plans for connecting to the water mains
for heating and cooling and said plans shall be specifically approved by the
Council.
C.
Any government entity owning a building that obtains approval from the
Council to connect to the City water mains for heating and cooling purposes
shall pay to the City a fee of four (4) cents per square foot per year, of the
area heated by the system using the City’s water mains as a heating and
cooling source. The usage payments
shall be divided into twelve (12) equal payments and shall be payable monthly.
Delinquent payments shall be collected in the same manner as other
delinquent utility payments and shall be subject to the same rate of interest.
D.
The one (1) commercial business presently using the City’s water mains
for a heating and cooling source shall pay to the City a fee of eight (8) cents
per square foot per year of the area heated by the system using the City’s
water mains as a heating and cooling source.
The usage payments shall be divided into twelve (12) equal payments and
shall be payable monthly. Delinquent
payments shall be collected in the same manner as other delinquent utility
payments and shall be subject to the same rate of interest.
E.
Any government entity owning a building that obtains approval for the use
of the City’s water mains as a heating and cooling source shall execute a hold
harmless agreement that shall be binding upon the owner and any successors,
heirs, administrators, or assignees. The
hold harmless agreement shall state that the owner of the governmental building
shall be solely responsible and totally liable for any contamination or damage
to the City’s water sources and mains arising from the sue of the heating and
cooling system. Further, there is
presently one (1) commercial business using the City’s water mains as a
heating and cooling source and said business is grand fathered in and the hold
harmless agreement herein applies to said business. F.
The governmental entity owning a building who obtains approval for the
sue of the City’s water mains as a heating and cooling system shall insure the
quality of the water returning to the City’s main by doing the following:
1.
Install taps on the influent and effluent lines of the heating and
cooling system. The purpose of the
taps shall be for the taking of water samples before the water has been
discharged into the City’s mains; 2.
The expense and costs involved in placing, installing, and maintaining
the taps described shall be born by the governmental entity owning the building
using the City’s water main for heating or cooling purposes; 3.
Any government entity owning a building that uses the City’s water main
for heating or cooling purposes agrees to install the above-mentioned taps and
hereby consents to City inspectors obtaining water samples, both influent and
effluent, from each building site for testing as follows:
a.
Total
Coliform Monthly b.
Lead
Three times per year (June, July, August) c.
Copper
Three times per year (June, July, August) d.
Volatile
Organic Chemicals (VOC) Annual
The
City shall take a sample of the water from the influent and effluent taps as set
above and send the same to an appropriate laboratory for analysis to determine
if there are any contaminates in the water caused by circulation through the
heating and cooling system. Additionally,
the laboratory costs for analyzing the water samples for contaminates as
described above, shall be born by the governmental entity owning the building
that is using the City’s water main for heating and cooling.
4.
The City shall take any other samples of the water from the influent and
effluent taps as they deem necessary to insure the quality of the drinking
water. The cost of these tests
shall be at the expense of the City.
G.
If any contamination or damage to the City’s water sources of mains
arises from the use of the heating or cooling systems, the City may disconnect
the City’s water mains from the cooling and heating system and prohibit
further use by the governmental building of the water mains for heating and
cooling. H.
The provisions of this Section shall apply to all users of the City’s
water main for heating and cooling, including those users connected to the
City’s water main for heating and cooling purposes prior to the adoption of
this Ordinance.
I.
Any government entity that obtains
permission from the City to use the water main for heating or cooling purposes
agrees to hold the City harmless from any injuries, damages, or interruptions of
business that might occur if it is necessary for the City to shut off the water
service to the governmental building for purposes of maintenance or repair upon
water lines.
J.
Any government entity that uses the City’s water main for heating and
cooling purposes and does not comply with the above regulations for testing
shall be in violation and as such, shall be guilty of a Class II Misdemeanor
each day such violation is committed, or permitted to continue, and shall
constitute a separate offense and shall be punishable as such, pursuant to
Section 14.01.
Section
4.3.05
Exception to Maintain Sanitation The City
Superintendent shall have the authority to permit a reasonable use of water in
any case necessary to maintain adequate health and sanitation standards.
Section
4.3.06
City Superintendent Provides Information The City
Superintendent shall have available and furnish all records necessary to
determine the uses of water restricted by this Section.
Section
4.3.07
Discontinuance of Service The City
Superintendent shall have the authority to enforce the provisions of this
Article by the discontinuance of water service in the event of violation hereof.
Section
4.3.08
Watering Schedule A.
Hours
for Watering - 6:00 P.M. to 10:00 P.M. 5:00 A.M. to
10:00 A.M.
B.
Days
for Watering - Houses with uneven house numbers
would water on uneven numbered calendar days.
Houses with even house numbers would water on even numbered calendar
days.
C.
The areas of town and surrounding areas on the West side of Main Street,
without house numbers, Wagon Wheel Trailer Court, and East Haven Trailer Court
will water on even calendar days.
D.
The areas of town and surrounding areas on the East side of Main Street,
without house numbers, West Haven Trailer Court, Nagel Trailer Court to water on
uneven calendar days. The Mayor
will issue the order for water restrictions when warranted.
Section
4.3.09
Read-O-Matic Feature Any new
installation of a standard water meter shall be required to have the Read-O-Matic
feature or outside dial. Any
existing water meters that are not easily accessible to the meter reader will
also require conversion to a standard water meter with the Read-O-Matic outside
dial. These standard
"ROM" meter/dials shall be installed at the discretion of the City. The customer
receiving such service shall pay a one (1) time minimum charge plus tax.
Any customer receiving such service shall pay any additional plumbing fee
as required to make a standard "ROM" installation.
Article 3 – Water Division 2 – Requirements for
Connection Section
4.3.10
Water Deposit Any person
residing within or without the City who desires water from the Municipal System
shall deposit the following amounts and such amount shall be carried as a credit
against the applicant's account until final settlement is made: A.
Residential $40.00 B.
Commercial or agricultural use $30.00
Section
4.3.11
Water Meters A.
The installation of all water meters to any residential or commercial
entity shall be purchased and installed at the expense of the residential or
commercial user. B.
All water meters servicing any residential or commercial users shall be
deemed owned by the user. If any
repair, maintenance, or replacement is required on any such water meter in town,
then the users shall be responsible for all of the expenses involved in such
replacement, maintenance, or repair of the water meter.
C.
The City shall have the right to inspect all water meters servicing any
residential or commercial users. If
the water meter is not properly measuring the amount of water that goes through
the meter, then the City will notify the residential or commercial owner of the
meter to repair the same. In the
event that the user of the meter does not repair the meter, the City shall have
the right of ingress and egress upon the property to repair or, if needed,
replace the water meter. The City
will then bill the costs of repairs and/or replacement of the meter to the owner
of the meter and such costs will be on the monthly utility bill. If the meter repair or replacement is not made, the City may
enforce the collection of the repair or maintenance in the same fashion as the
City may collect on a water bill. If
the water meter, at any commercial business or residence, is not function
because of any negligence on behalf of the City, then the City shall be
responsible for the repair and/or maintenance of such water meter.
D.
In the event that a water meter must be replaced or repaired as set out
above, the commercial or residential entities must purchase any replacement
water meter through the City, at City’s cost.
The purpose is for the City to insure that quality water meters are
installed.
E.
All water meters installed by residential or commercial users after this
Ordinance is in full force and effect, shall have shut off valves on both sides
of the meter and also shall have dual check valves installed in front of the
meter. If any water meters need to
be replaced or repaired, the costs shall be born by the water user.
However, if any repair or replacement is required because of negligence
of the City, the City shall be responsible for the cost of repair or
replacement, including the labor therein. F.
All water meters, couplings, and seals purchased by residential or
commercial users must be purchased through the City and all meters will be sold
at the City’s cost. The purpose
is to insure that all water meters will be standardized within the City and will
be quality meters.
Section
4.3.12
Meter Rates The City shall purchase meters and charge to each water consumer using any such meter the rates it costs the City to purchase them. Title to said
meters to be retained by the City.
Section
4.3.13
Installation of Meters A.
Outside meters shall be placed in a container not less than thirty (30)
inches in diameter and at a depth of the service pipe leading into said
container, said enclosure to be constructed under the supervision of the City
Superintendent of tile or brick or concrete walls with double lids spaced twenty
(20) inches apart, the top lid to be an approved iron lid such as a Clark meter
box cover to be placed flush with the ground; said enclosure to be constructed
and furnished in place ready for meter by consumer at his own expense.
B.
All meters installed in basements shall be so placed so as to be readily
accessible and properly protected from climatic conditions.
C.
All meters shall be installed under the supervision of the City
Superintendent.
D.
Any repairs needed for the meter which is due because of carelessness or
neglect of the water user will be charged to the consumer and must be paid upon
receipt of the bill from the City Finance Officer.
Section
4.3.14
Unauthorized Disturbance of Water Meters No person
unless authorized by the City shall connect, disconnect, remove, repair, or
otherwise disturb any water meters of the City.
Section
4.3.15
Access to Water Meter If for any
reason access cannot be gained to a water meter for reading or repairing
purposes and if the obstruction to the reading of such water meter is not
removed within five (5) days after notice to the owner of such obstruction, the
water shall be turned off by the City Superintendent and not be turned on again
until such obstruction is removed and upon the payment of two (2) dollars to the
City Finance Officer of the City and a receipt issued therefore.
When the water has been shut off because of delinquency or other
infringements it cannot be turned on again until a certificate is issued by the
auditor authorizing the City Superintendent that the same may be turned on.
Section
4.3.16
Rules and Regulations All rules,
regulations, and ordinances of the City governing water usage shall be
considered a part of the contract with every person who is supplied with water
through the water system of the City and every such person by taking water shall
be considered to express his or their assent to be bound thereby and whenever
any of them are violated or such others as the Council may hereafter adopt, the
water shall be cut off from the building or place of violation.
Section
4.3.17
Laying of Pipes All service
pipes must be laid as much under the surface of the ground as the depth of main
in the street. In all cases the
pipe is to be protected so as to prevent rupture from freezing. The plumber making or installing the water service, must
within ten (10) days, complete the tapping record in the office of the City
Finance Officer furnishing location of service box in feet from lot line.
Section
4.3.18
Hydrants and Drinking Fountains No public
drinking fountains shall be placed within the limits of any street or alley
unless the overflow is connected with the sewer.
Section
4.3.19
Water Free for Fire Purposes If
proprietors of lumber yards, factories, halls, stores, elevators, warehouses,
hotels, or public buildings, or regular consumers of water from the waterworks,
wish to lay large pipes with hydrants and hose couplings to be used only in case
of fire, they will be permitted to connect with the street mains at their own
expense upon the application and will be allowed to use water for fire purposes
only, free of charge. Such
connections must be made under the supervision of the City Superintendent.
Section
4.3.20
Covering of Pipes No water
pipes laid under the ground shall be covered and trenches filled by any person
until after the water has been turned in such pipes and said pipes have been
tested by the City Superintendent and found to be water tight.
Section
4.3.21
Inspection Period The City
Superintendent may require twenty-four (24) hours notice to inspect a tap in the
main.
Section
4.3.22
Placement of Pipes No person,
consumer, owner, or occupant of premises shall be permitted to construct or lay
water pipes across another lot or lots or fraction thereof to other premises for
serving or supplying water for domestic or commercial use.
All water service pipes shall enter on the street at the front of the
building nearest the sidewalk. Not
more than one house shall be piped or connected with water mains or line from
the same tap. Any person, consumer, owner, or occupant of premises who are
getting water from the City water distribution system is not permitted to
dispose or barter any water registered through his water meter without first
making application to the Council setting forth what the possible amount
consumed will be and obtaining a special rate from the Council for that purpose.
Section
4.3.23
Property
Not to be Tampered With No person
shall willfully or carelessly break, injure, mar, deface, interfere with or
disturb any building, machinery, apparatus, fixtures, attachments, or
appurtenances of the waterworks of said City, or any public or private hydrant
or stop cock, meter, water supply or service pipe, or any part thereof; nor
shall any person deposit anything in any stop cock box or commit any act tending
to obstruct or impair the intended use of any of the above mentioned property.
Section
4.3.24
Opening of Public Hydrants All the
hydrants erected in said City for the purpose of extinguishing fires are hereby
declared to be public hydrants and no person (other than the members of the fire
department and then only for the uses and purposes of said department, or
persons specially authorized by the Council, and then only in the exercise of
the authority delegated by the Council) shall open any of said hydrants or
attempt to draw water from the same, or at any time uncover or remove any
protection from any of the hydrants of said City, or in any manner interfere
with any of the hydrants.
Section
4.3.25
Delegation of Authority No person
authorized to open hydrants shall delegate his authority to another, or let out
or suffer any person to take away the wrenches furnished him, or suffer the same
to be taken from any house of said City except for the purposes strictly
connected with the fire department, or as they accompany hose trucks on
occasions of fires.
Section
4.3.26
Excavation when Ground is Frozen No persons
shall make any excavation in any street or highway, within 6 feet of any laid
water pipe while the ground is frozen, or dig up or uncover so as to expose the
frost any water pipe, except by permission of the City Superintendent.
Section
4.3.27
Protection of Boilers All house
boilers shall be constructed with one safety valve near the top of the inlet
pipe and be sufficiently strong to bear the pressure and ram of the water mains.
All persons taking water shall install and maintain at their own expense
their service pipe, stop cocks, and apparatus and protect from frost at their
own risk and expense and shall prevent all unnecessary waste of water; and is
expressly stipulated by the Council that no claim shall be made against the City
or its officers by reason of the breaking of any service pipe or service cock,
or if from any cause the supply of water should fail or from damage arising from
the shut off of the water to make repairs to the mains making extension or
connections, or for any other purpose that may be deemed necessary, and the
right is hereby reserved to cut off the supply of water at any time, any permit
granted or regulations to the contrary not-withstanding.
Section
4.3.28
Water Cocks Every service
pipe must be provided with an I. V. Minneapolis Pattern, like Mueller No.
G-15150 or its equal stop cock for each consumer placed outside the lot line
easily accessible and so situated so that the water can be conveniently shut
off. All stop cocks in the line of
the service pipe or branches under the ground must be stops with circular water
ways of the same diameter of the waterways as the pipe in which each are placed,
have "T" handles and be in every respect as required by the Council or
the City Superintendent.
Section
4.3.29
Placement of Stop Boxes Unless
otherwise permitted stop cocks shall be placed in the service line or the outer
edge of the property line and protected by a box or pipe reaching from the tap
to the surface of the ground of suitable size to admit a stop key for turning on
and off the stop; also with a heavy metal cover having the letter "W"
marked thereon, visible and even with the pavement.
Section
4.3.30
Stop Key No person,
other than the City's Representative, shall be permitted to use a stop key for
the purpose of turning on or off the stop cock of any water service without the
consent of the City Superintendent.
Section
4.3.31
Excavation of Streets In making
excavations in the streets or highways for the laying of service pipes or making
repairs, the paving or earth must be deposited in a manner that will occasion
the least inconvenience to the public, and provide for the passage of water
along gutters.
Section
4.3.32
Barricades and Night Warning Lights No person
shall leave any excavation made in the Street or highway for the laying of
service pipe or any other cause, open at any time without barricades and during
the night warning lights must be maintained at such excavations.
Section
4.3.33
Refilling Procedure After the
service pipes are laid, in refilling the opening, the earth must be laid in
layers of not more than 9" in depth, and each layer thoroughly washed in,
rammed, or paddled to prevent settlement later, and this work, together with the
replacing of sidewalk, ballast, and paving, must be done so as to make the
street at least as good as it was before it was disturbed and to the
satisfaction of the Water Superintendent.
Section
4.3.34
Meter Failure If for any
cause a meter fails to register the amount of water used for any month, the
amount of water so used shall be estimated by the City Superintendent; said
estimates to be based on the average amount of water registered during a like
period, under like conditions, considering usage and number of persons living in
the premises.
Section
4.3.35
Tapping Mains No person,
except an employee of the City waterworks, person under contract with the City,
or plumbers duly licensed by resolution of the Council, as hereinafter provided,
shall do any work on any pipes or connections made with the mains, or insert
stop cocks or ferrules therein, or in any way or under any circumstances
interfere with the water supply of the City.
The Council at all times reserves exclusive control of all service pipes
from the main to the lot line. In
case the City deems it expedient to allow such work as is mentioned in this
Section to be done by contract, then in that event, it shall only be done, after
due notice has been published in the official newspaper of the City for one
week; said notice to contain the date when sealed bids will be received by the
Council, the nature and character of the work and all such bids must be
accompanied with a certified check in the amount fixed by the Council in notice
to be published as evidence of good faith and all contracts shall then be let to
the lowest bidder. The Council
shall at all time reserve the right to reject any and all bids.
All persons receiving a contract for such work shall before entering into
said contract execute and deposit with the City Finance Officer a bond with two
or more sufficient sureties or surety bond to be approved by the Council in the
penal sum deemed necessary by the Council, conditioned that he will construct
said work and furnish the material according to the plans and specifications and
that he will save harmless and indemnify the City of and from all accidents and
damages caused by any negligence in prosecuting and protecting his work, and
that he will restore all earth, pavement and other material in and over any
opening he may have made in laying any of the service pipes and for any other
purpose, to as good a state and condition as it was before such opening was
made, and keep and maintain the same in good order and to the satisfaction of
the City Superintendent or Council for a period of one month thereafter.
Section
4.3.36
Inspection by City Superintendent Every person
taking water supplied through the water system of the City shall permit the City
Superintendent at all hours of the day between 7:00 o'clock a.m. and 6:00
o'clock p.m. to enter their premises or building to examine the pipes and
fixtures and the manner in which the water is used; and they must at all times
frankly and without concealment answer all questions put to them relative to its
consumption.
Section
4.3.37
Water Shut Off When water
has been shut off from the premises the consumer shall not turn it on or permit
it to be done without the consent of the City Superintendent.
Section
4.3.38
Water Turn On The water
shall not be turned on in any house or private service pipe except upon the
order of the City Superintendent nor until the applicant shall have paid the
required deposits; and plumbers and others are strictly prohibited from turning
water into any service pipe except upon the written order of the City
Superintendent.
Section
4.3.39
Distance Between Water and Sewer Lines Water lines
and sewer lines are prohibited from being placed in the same ditch.
They must be at least ten (10) feet apart.
Section
4.3.40
Distance Between Meter and Hydrant Box The meter box
should be at least ten (10) feet from the hydrant box.
Section
4.3.41
Service Repairs No water user
shall be permitted to repair any iron service when such service breaks or in any
way causes a leak, it shall be replaced with copper pipe, at the expense of the
water user or property owner and shall be installed under the supervision of the
City Superintendent. The Council
shall at all times have the power to change or adopt any rules or regulations by
presenting the same in form of an ordinance at any regular or adjourned meeting
and such action shall become effective upon the passage and publication of such
resolution.
Section
4.3.42
Installation of Water Service The purpose
of this Article is to protect and enhance the City streets and private
properties where there is a buried water service.
Section
4.3.43
Materials At least the
grad of "k" type copper or better.
An AWWA approved plastic at least one hundred sixty (160) pounds test.
Section
4.3.44
Size All service
lines will be at a minimum of one (1) inch with the exception of mobile homes
that can have a minimum of a three-quarter (ľ) inch service line.
Also all service lines and connections will be made of a lead free
material. City to provide a
three-quarter (ľ) inch by one (1) inch water meter as standard size.
Property owners requiring larger meters to bear total cost of such meter.
The brands to be installed must be only those manufactured by Hershey,
Trident, Neptune, or Rockwell, with City's preference to be Rockwell.
The City keeps a stock of repair parts only for those named above.
Section
4.3.45
Responsibilities The property
owner will be responsible for the cost of installation and materials of service
line from the corporation connection to the building for which it is intended.
Section
4.3.46
Materials Used The property
owner will be required to install a curb stop and box one to three feet in back
of curb and gutter line. The
property owner will be required to use a "k" soft copper from the
point at the corporation to the curb stop.
If they so choose to use an AWWA 160 lbs. test plastic line from the curb
stop to the structure, they may do so.
Section
4.3.47
Country Taps The Council
shall have the right to approve or reject any application for water tap outside
of the City limits. It will be
necessary for the Council to at all times take into consideration any hazard or
responsibility to the patrons in the City before such application is approved.
If application is approved it will be necessary for applicant to pay all
expense of making said tap including transportation of City Superintendent at
the rate of $24.50 per mile or fraction thereof.
The tap must be made under the supervision and direction of the City
Superintendent. That at any
time the Council finds it is necessary to shut off the water that they have the
right to do so without any recourse from the customer.
Section
4.3.48
Violation of Any Provisions If any owner
of any property fronting or abutting on any street or avenue as aforesaid shall
fail, refuse, or neglect to lay, construct, or replace any and all water service
pipes, and connections as required by the provisions of this Article, or shall
in any manner violate any of the provisions hereof, then it shall be the duty of
the City Superintendent, and he is hereby required, to cut off the City Water
Supply at such premises without additional notice, and each and every person
whose water supply is thus cut off shall not be permitted to turn on said water
and lay the pipe and connections as required without the permission of the City
Superintendent and upon complying with the provisions of this Article.
Article 3 – Water Division 3 – Rates Section
4.3.49
Water Rates The following
schedule of rates and charges for water and service is hereby established: A.
Residential dwellings, churches, schools, and hospital water rates: First 2,000 gallons or less
$7.00 Next 3,000 gallons.............$5.50 per thousand gallons Excess of 5,000 gallons.......$1.25 per thousand gallons B.
Commercial Water Rates: First 2,000 gallons or less
$9.00 Next 3,000 gallons or more
$5.50 per Next 10,000 gallons or more
$1.25 per Excess of 15,000 gallons $1.00 per C.
A bulk water delivery system, located at the North Shop, is available for
use by the general public, and fees, method of payment, and access to the system
are as follows: Minimum 2,500 gallons $30.00 per month Each 1,000 gallons over 2,500 gallons
$5.00 per month Minimum
fee for up to 2,500 gallons, per month per patron, payable in advance by the 1st
of each month, to be deposited with the Finance Officer prior to receiving the
system. Excess gallons over the
2,500 gallons minimum will be determined and billed to the appropriate customer. Those
patrons, who have deposited the required minimum thirty (30) dollars will
be placed on a list, maintained at the office of the North Shop and only those
patrons who have made a payment will be permitted to obtain a key which will
allow access to the facility. The
system will be accessible from 8:00 AM through 5:00 PM, Monday through Friday,
on regular working days.
D.
Surplus rates - Consumers located without the municipal limits, but
within one (1) mile thereof, shall be charged rates equivalent to those adopted
by the Tripp County Water User District, Effective May 1, 1989.
*New rate schedule will be adopted when necessary to conform to Tripp County Water User
rates. E.
Consumers located without the municipal limits but within one (1) mile
thereof shall pay a tapping fee of: Up to Two Inch Line $550.00 Other Tapping
Negotiable This Section
shall not apply to Consumers who have executed easements for the transmission
line of the City.
Section 4.3.50 Non-Profit Organizations
Non-profit recreational organizations, which are users of Winner Municipal Water and located outside of City limits, beginning on January 1, 2007 shall pay a monthly rate of fifteen (15) cents per M gallons, or fraction thereof, for the first one thousand (1,000) gallons and all over one thousand (1,000) gallons. On January 1, 2008 the rate shall be increased by five (5) cents and shall be increased by five (5) cents each succeeding year on January 1 until the year of 2011 whereby the rate shall remain fixed unless revised by the Winner City Council. The following rates for Non-Profit Organizations outside of the City Limits shall become effective on January 1, 2007 and sall be increased by five (5) cents each succeeding year up and to January 1, 2011. The following schedule of rates and charges is hereby established: January 1, 2007 ....................15 cents per thousand gallons January 1, 2008 ....................20 cents per thousand gallons January 1, 2009 ....................25 cents per thousand gallons January 1, 2010 ....................30 cents per thousand gallons January 1, 2011 .....................35 cents per thousand gallons
These rates shall apply to all non-profit recreational organizations whose total acreage devoted to recreational purposes shall exceed forty (40) acres. All sales of water to non-profit recreational organizations shall be made only after the user shall sign an agreement, which shall in effect state that user understands that the City reserves the right without any reason to immediately discontinue for any length of time furnishing water without any notice of any kind to said consumer.
Article 4 – Sewer Division 1 – General
Regulations Section
4.4.01
Unlawful Deposits It shall be
unlawful for any person to place, deposit or permit to be deposited in any
unsanitary manner on public or private property within the City or in any area
under the jurisdiction of said City, any human or animal excrement, garbage, or
other objectionable waste.
Section
4.4.02
Unlawful Construction or Maintenance Except as
hereinafter provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility intended or used for the
disposal of wastewater.
Section
4.4.03
Installation of Toilet Facilities The owner(s)
of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes situated within the City and abutting on any
street, alley, or right-of-way in which there is now located or may in the
future be located a public sanitary or combined sewer of the City is hereby
required at the owner(s) expense to install suitable toilet facilities therein,
and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Article, within ten (10) days after date
of official notice to do so, provided that said public sewer is within fifty
(50) feet of the property line.
Section 4.4.04 Private Water Disposal A. Where a public sanitary or combined sewer is not available under the provisions of Section 4.4.05, the building sewer shall be connected to a private waster water disposal system complying with the provisions of this Section.
B. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit singed by the superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of one hundred (100) dollars shall be paid to the City at the time the application is filled.
C. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintended shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the superintendent.
D. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Public Health of the Sate of South Dakota. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than three thousand two hundred (3,200) square feet (square meter). NO septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 4.4.06 (D), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this Ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
F. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all time no expense to the City.
G. No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
Section
4.4.05
Unauthorized Disturbance No
unauthorized person shall uncover, make any connections with or opening into,
use, alter or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the superintendent.
Section
4.4.06
Two Classes of Building Sewer Permits There shall
be two (2) classes of building sewer permits: A.
Residential and commercial service; and B.
Service to establishments producing industrial wastes. In either
case, the owner(s) or his agent shall make application on a special form
furnished by the City. The permit
application shall be supplemented by any plans, specifications or other
information considered pertinent in the judgment of the superintendent. A permit and inspection fee on one hundred (100) dollars for
a residential or commercial building sewer permit and two hundred (200) dollars
for an industrial building sewer permit shall be paid to the City at the time
the application is filed.
Section
4.4.07
Costs and Expenses All costs and
expense incidental to the installation and connection of the building sewer
shall be borne by the owner(s). The
owner(s) shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
Section
4.4.08
Separate and Independent Building Sewer A separate
and independent building sewer shall be provided for every building; except
where one building stands at the rear of another on an interior lot and no
private sewer is available or can be constructed to the rear building through an
adjoining alley, court, yard or driveway, the building sewer from the front
building may be extended to the rear building and the whole considered as one
building sewer, but the City does not and will not assume any obligation or
responsibility for damage caused by or resulting from any such single connection
before mentioned.
Section
4.4.09
Old Building Sewers Old building
sewers may be used in connection with new buildings only when they are found, on
examination and test by the superintendent, to meet all requirements of this
Article.
Section
4.4.10
Building and Plumbing Code Requirements The size,
slope, alignment, materials of construction of all sanitary sewers including
building sewers, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to the
requirements of the building and plumbing code or other applicable rules and
regulations of the City. In the
absence of suitable code provisions or in amplification thereof, the materials
and procedures set forth in appropriate specifications of the A.S.T.M. and
W.P.C.F. Manual of Practice No. 9 shall apply.
Section
4.4.11
Elevation Whenever
possible, the building sewer shall be brought to the building at an elevation
below the basement floor. In all
buildings in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall be lifted by
an approved means and discharged to the building sewer.
Section
4.4.12
Approval for Connection No person
shall make connection of roof downspouts, foundation drains, areaway drains, or
other sources of surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a public sanitary
sewer unless such connection is approved by the superintendent for purpose of
disposal of polluted surface drainage.
Section
4.4.13
Connection of Building Sewer into Public Sewer The
connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or other applicable rules and
regulations of the City or the procedures set forth in appropriate
specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.
All such connections shall be made gastight and watertight and verified
by proper testing. Any deviation
from the prescribed procedures and materials must be approved by the
superintendent before installation.
Section
4.4.14
Inspection and Connection The applicant
for the building sewer permit shall notify the superintendent when the building
sewer is ready for inspection and connection to the public sewer.
The connection and testing shall be made under the supervision of the
superintendent or his representative.
Section
4.4.15
Excavations All
excavations for building sewer installation shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner satisfactory
to the City.
Section
4.4.16
Discharge of Unpolluted Waters No person
shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage, or
cooling water to any sewer, except storm water runoff from limited areas, which storm water
may be polluted at times, may be discharged to the sanitary sewer by
permission of the superintendent.
Section
4.4.17
Storm water Storm water,
other than that exempted under Section 4.4.17, and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated as combined
sewers or storm sewers, to a natural outlet approved by the superintendent and
other regulatory agencies. Unpolluted
industrial cooling water or process waters may be discharged, on approval of the
superintendent, to a storm sewer, combined sewer, or natural outlet.
Section
4.4.18
Prohibited Discharge No person
shall discharge or cause to be discharged any of the following described water
or wastes to any public sewers: A.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas. B.
Any waters containing toxic or poisonous solids, liquids or gases in
sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, constitute a hazard to
humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the wastewater treatment plant.
C.
Any waters or wastes having a pH lower than (5.5) or having any other
corrosive property capable of causing damage or hazard to structures, equipment
and personnel of the wastewater works.
D.
Solid or viscous substances in quantities or of such size capable of
causing obstruction the flow in sewers, or other interference with the proper
operation of the wastewater facilities such as, but not limited to ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails and paper dishes, cups, milk containers, etc. either whole
or ground by garbage grinders.
Section
4.4.19
Limited Discharges The following
described substances, materials, waters or waste shall be limited in discharges
to municipal systems or concentrations or quantities which will not harm either
the sewers, wastewater treatment process or equipment, will not have an adverse
effect on the receiving stream, or will not otherwise endanger lives, limb,
public property or constitute a nuisance. The
superintendent may set limitations lower than the limitations established in the
regulations below if in his opinion such more sever limitations are necessary to
meet the above objectives. In
forming his opinion as to the acceptability, the superintendent will give
consideration to such factors as the quantity of subject waste in relation to
flows and velocities in the sewers, materials of construction of the sewers, the
wastewater treatment process employed, capacity of the wastewater treatment
plant, degree of treat ability of the waste in the wastewater treatment plant,
and other pertinent factors. The
limitations or restrictions on material or characteristics of waste or
wastewaters discharged to the sanitary sewer which shall not be violated without
approval of the superintendent are as follows: A.
Wastewater having a temperature higher than 150 degree Fahrenheit (65
Degree Celsius); B.
Wastewater containing more than 25 milligrams per liter of petroleum oil,
non-biodegradable cutting oils, or product of mineral oil origin;
C.
Wastewater from industrial plants containing floatable oils, fat, or
grease;
D.
Any garbage that has not been properly shredded.
Garbage grinders may be connected to sanitary sewers from home, hotels,
institutions, restaurants, hospitals, catering establishments, or similar places
where garbage originates from the preparation of food in kitchens for the
purpose of consumption on the premises or when served by caterers;
E.
Any waters of wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances to such degree that any such material received
in the composite wastewater at the wastewater treatment works exceeds the limits
established by the superintendent for such materials;
F.
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the superintendent;
G.
Any radioactive wastes or isotopes of such half-life or concentration as
may exceed limits established by the superintendent in compliance with
applicable state or federal regulations;
H.
Quantities of flow, concentrations, or both which constitute a
"slug" as defined herein;
I.
Waters or wastes containing substances
which are not amenable to treatment or reduction by the wastewater treatment
processes employed, or are amenable to treatment only to such degree that the
wastewater treatment effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters; and
J.
Any water or wastes which, by interaction with other water or wastes in
the public sewer system, release obnoxious gases, form suspended solids which
interfere with the collection system or create a condition deleterious to
structures and treatment processes.
Section
4.4.20
Proposed Discharge Into Public Sewers If any waters
or wastes are discharged, or are proposed to be discharged to the public sewers,
which waters contain the substances or possess the characteristics enumerated in
Section 4.4-14, and which in the judgment of the superintendent may have a
deleterious effect upon the wastewater facilities, processes, equipment, or
receiving waters, or which otherwise create a hazard to life or constitute a
public nuisance, the superintendent may: A.
Reject the wastes; B.
Require pretreatment to an acceptable condition for discharge to the
public sewers;
C.
Require control over the quantities and rates of discharge; and/or
D.
Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer charges under the provisions of
Section 4.4-26. When
considering the above alternatives, the superintendent shall give consideration
to the economic impact of each alternative on the discharger.
If the superintendent permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall be subject
to the review and approval of the superintendent.
Section
4.4.21
Grease, Oil, and Sand Interceptors Grease, oil
and sand interceptors shall be provided when in the opinion of the
superintendent, they are necessary for the proper handling of liquid wastes
containing floatable grease in excessive amounts as specified in Section 4.4.19
or any flammable wastes, sand or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of
a type and capacity approved by the superintendent and shall be located as to be
readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall
be responsible for the proper removal and disposal by appropriate means of the
captivated material and shall maintain records of the dates and means of
disposal which are subject to review by the superintendent.
Any removal and hauling of the collected material not performed by
owner(s) personnel must be performed by currently licensed waste disposal firms.
Section
4.4.22
Pretreatment/Flow-Equalizing Facilities Where
pretreatment or flow-equalizing facilities are provided or required for any
waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner(s) at his expense.
Section
4.4.23
Building Sewer Carrying Industrial Wastes When required
by the superintendent, the owner(s) of any property serviced by a building sewer
carrying industrial wastes shall install a suitable structure together with such
necessary meters and other appurtenances in the building sewer to facilitate
observation, sampling, and measurement of the wastes.
Such structures, when required, shall be accessibly and safely located,
and shall be constructed in accordance with plans approved by the
superintendent. The structure shall
be installed by the owner at his expense and shall be maintained by him so as to
be safe and accessible at all times.
Section
4.4.24
Compliance The
superintendent may require a user of sewer services to provide information
needed to determine compliance with this Article.
These requirements may include: A.
Wastewaters discharge peak rate and volume over a specified time period; B.
Chemical analyses of wastewaters;
C.
Information on raw material, processes and products affecting wastewater
volume and quality;
D.
Quantity and disposition of specific liquid, sludge, oil, solvent, or
other materials important to sewer use control;
E.
A plot plan of sewers of the user's property showing sewer and
pretreatment facility location;
F.
Details of wastewater pretreatment facilities; and
G.
Details of systems to prevent and control the losses of materials through
spills to the municipal sewer.
Section
4.4.25
Characteristics of Water and Wastes All
measurements, tests, and analyses of the characteristics of waters and wastes to
which reference is made in this Article shall be determined in accordance with
the latest edition of "Standard Methods for the Examination of Water and
Wastewater" published by the American Public Health Association.
Sampling methods, location, times, duration and frequencies are to be
determined on an individual basis subject to approval by the superintendent.
Section
4.4.26
Special Agreement or Arrangement No statement
contained in this Article shall be construed as preventing any special agreement
or arrangement between the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the City for
treatment.
Section
4.4.27
Entering Properties The
superintendent and other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all properties for
the purposes of inspection, observation, measurement, sampling, and testing
pertinent to discharge to the community system in accordance with the provisions
of this Article.
Section
4.4.28
Obtaining Information The
superintendent or other duly authorized employees are authorized to obtain
information concerning industrial processes that have a direct bearing on the
kind and source of discharge to the wastewater collection system.
The industry may withhold information considered confidential.
The industry must establish that the revelation to the public of the
information in question might result in an advantage to competitors.
Section
4.4.29
Safety Rules While
performing the necessary work on private properties referred to in Section
4.4.28, the superintendent or duly authorized employees of the City shall
observe all safety rules applicable to the premises established by the company
and the company shall be held harmless for injury or death to the City employees
and the City shall indemnify the company against loss or damage to its property
by City employees and against liability claims and demands for personal injury
or property damage asserted against the company growing out of the gauging and
sampling operation except as such may be caused by negligence or failure of the
company to maintain safe conditions as required in Section 4.424.
Section
4.4.30
Entering Private Properties The
superintendent and other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all private
properties through which the City holds a duly negotiated easement for the
purposes of, but not limited, to inspection, observation, measurement, sampling,
repair and maintenance of any portion of the wastewater facilities lying within
said easement. All entry and
subsequent work, if any, on said easement, shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private property
involved.
Section
4.4.31
Damage Done to Facilities No person
shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part
of the wastewater facilities. Any
person violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
Section
4.4.32
Settling of Disputes A Hearing
Board shall be appointed as needed for arbitration of differences between the
superintendent and sewer users on matters concerning interpretation and
execution of the provisions of this Article by the superintendent.
The cost of the arbitration will be divided equally between the
municipality and the sewer user.
Section
4.4.33
Members of Hearing Board Members of
the Board shall include: A.
A registered professional engineer; B.
A practicing sanitary engineer; C.
A representative of industry or manufacturing enterprise; D.
A lawyer; and E.
One member shall be selected at large for his interest in accomplishing
the objectives of this Article.
Article 4 – Sewer Division 2 – Requirements to
Connect Section
4.4.34
Guidelines to Laying Sewer Lines It shall be
unlawful for any person to tap or lay a lateral sewer lines to connect with the
main trunk sewer line upon the public streets or alleys of the City without the
same being done under the direct supervision of the City Superintendent of the
City and all such work shall be done strictly in accordance with specifications
as to work, material and manner of connection as required by the City, City
Superintendent of such City, and all tapping shall be done by a licensed
plumber.
Section
4.4.35
Tapping of Lateral or Trunk Sewer In shall be
unlawful for any person to break into or tap any lateral or trunk sewer in the
City at any other place than where it has been placed for the connecting of
the service sewers, except upon written permission of the City Superintendent of
said City, and no opening or connection shall be made in any lateral or trunk
sewer of said City at any point by any person without having first made an
application therefore to the Winner City Finance Officer and said application
shall have grated by the Council.
Section
4.4.36
Inspection of Service Sewer No sewer or
lateral sewer trench shall be filled or sewer pipe covered until the service
sewer has been inspected by the Winner City Superintendent and all persons
making service sewer connections shall give at least five hours notice to the
City Superintendent of the time when such service sewer will be ready for
inspection, and it shall be the duty of the City Superintendent, within a
reasonable time after such notice, to inspect such service sewer and if in his
judgment such service sewer is properly connected and laid with the proper grade
and with proper material and in good workmanship manner he shall give permission
for the filling of the trench or ditch and if he finds such service sewer
defective or improperly laid or connected, he shall order the same taken out and
relayed in accordance with his directions, and when such service sewer is
completed and approved by the Winner City Superintendent he shall give
permission to the owner or person in charge of such property by said service
sewer, to turn water therein and use the same, but no such service sewer shall
be used until such permission is first obtained from the Winner City
Superintendent.
Section
4.4.37
Cost of Construction It shall be
unlawful for any person to connect with or tap any main sewer trunk line of the
City until all of the cost of construction of the sewer line adjacent to said
property and the sewer cost per front footage has been paid to the Winner
Finance Officer and the amount of said front footage charge that shall be paid
is the cost per front footage as determined by the Winner City Engineer.
Section
4.4.38
Separate Connection of Main Sewer Drain The main
sewer drain of every house or building shall be separately and independently
connected to the sewer where the sewer is in front or along the side or rear of
said building, and where it is necessary to construct a private sewer to connect
with the sewer in an adjacent street, such sewer plans may be used as shall be
approved by the Winner City Engineer or the Winner City Superintendent.
When it is desired to connect two or more buildings with one branch or
lateral sewer, the person desiring to do so shall first file a plan of such
sewer with the Winner Finance Officer and the Winner City Superintendent shall
inspect the same and make his recommendations thereon and submit the same to the
Council for approval or rejection. Also
an easement shall be taken out and filed by the applicant with the City Finance
Officer and recorded in the office of the Register of Deeds of Tripp County,
South Dakota, when crossing private property.
Section
4.4.39
Angle of Tapping Main Sewer Line In tapping
the main sewer line all sewer laterals connecting therewith shall be laid at an
angle of forty-five (45) degrees and in such manner that such sewer pipe can be
rotted.
Section
4.4.40
Back Water Check Valve That
a back water check valve of four (4) inches or larger shall be installed in all
new sewer lines constructed or replaced sewer lines in all residential and
commercial construction.
Section
4.4.41
Violation of Provisions Any person
found to be violating any provision of this Article, except Section 4.4.33,
shall be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
Section
4.4.42
Penalty Any person
who shall continue any violation beyond the time limit provided for in Section
4.4.41, shall be guilty of a Class II Misdemeanor and fined pursuant to Section
14.01. Each day in which any such
violation shall continue shall be deemed a separate offense.
Section
4.4.43
Liable for Expense Any person
violating any of the provisions of this Article shall become liable to the City
for any expense, loss, or damage occasioned the City by reason of such
violation.
Article 4 – Sewer Division 3 – Rates Section
4.4.44
Establishment of Rates The sanitary sewer rates shall be established by the Council at any regular meeting upon proper presentation of an ordinance setting forth the rate. The sanitary sewer rate shall become effective after passage and publication of said ordinance.
Section
4.4.45
Sewer Use Fees Between 3,001- 4,000 Gallons/water used/month ..$7.51 - $10.50/month Between 4,001- 5,000 Gallons/water used/month ..$10.51-$17.00/month Between 4,001- 20,000 Gallons/water used/month ..$17.01-$21.00/month Between20,001-45,000 Gallons/water used/month ..$21.01-$25.00/month Between45,001-95,000 Gallons/water used/month ..$25.01-$32.00/month Between 95,001-145,000 gallons/water used/month or more..$32.01-$40.00/month
Section
4.4.46
Sewer Taps Sanitary Sewer Taps: Users located without the municipal limits but within one (1) mile thereof. Tapping
Fee = $200.00 Fee to include access to existing main. All additional
material and labor is the responsibility of the user. Extension of the main line
is at the discretion of the city and subject to negotiation with the user.
Section 4.4.47 Request for Irrigation Exemption by Residential Customers For irrigation purposes of lawns and gardens, residential customers the receive a utility bill for use of the sanitary sewer may apply to the Deputy Finance Officer in charge of utility billing for a reduction in their summer sanitary sewer rate. The reduction in rates will be given for water used by the resident in the months of June, July and August and such rate will be based on the residential customers average water used for the months of January, February and March. The residential customer's billing statement for August, September and October will reflect this reduced rate. Residential customers must apply for this reduction to the Deputy Finance Officer by the 15th of June to receive the full three month reduction.
Article 5 – Sanitation Division 1 – General
Regulations Section
4.5.01
Establishment of Authority The City has
previously advertised for bid for a private waste management firm to dispose of
garbage accumulated in the City and following the advertisement for bids, the
successful bidder was Heartland Waste Management. As the successful bidder, the City hereby authorizes
Heartland Waste Management to be the exclusive garbage collector within the City
limits of the City.
Section
4.5.02
Responsibility The City has
contracted for garbage service with Heartland Waste Management.
The City will bill for all of the garbage services.
Heartland Waste Management will bill the City directly for services
provided.
Section
4.5.03
Billing All
residential and business waste service fees shall be billed by the City, along
with the City utility bill at the end of each month for the proceeding month’s
waste services.
Section
4.5.04
Containers The
containers to be used for storing refuse and garbage but not including ashes,
shall be no larger than thirty (30) gallons and
shall be of heavy gauge galvanized metal, or high impact plastic, with tight
fitting covers of the same metal or plastic and the capacity of said containers
for ease in handling. The
containers shall be so fastened so that dogs or other animals can not upset or
tip over said containers, said containers shall be placed on racks eighteen (18)
inches above the ground level and located at or near the alley. The covers of the containers used for refuse and garbage but
excluding ashes shall be fastened to the rack or stake so that it can not be
easily removed from the area in which the container is kept.
Section
4.5.05
Preparation of Garbage and Refuse for Collection A.
All garbage shall be bagged before placing same in garbage containers;
B.
Yard waste, grass clippings must be separated from household garbage and
placed in degradable, bio-degradable bags or cardboard containers;
C.
Ashes must be placed in containers having a capacity not to exceed ten
gallons but need not have covers; and
D.
Cardboard boxes and like material shall be flattened and tied in bundles
and placed in rat proof containers until picked up, providing that business
buildings shall keep waste papers, cardboard boxes, and all like materials
separate from the garbage.
Section 4.5.06 Covered Loads to the Landfill All
vehicles hauling debris to the landfill shall be adequately covered or secured
to prevent any scattering of debris upon any public roadway, street or
private property. An adequate cover shall constitute a tarp or other similar
material (tie-down) to secure the load.
Section
4.5.07
Method of Collection Heartland
Waste Management shall designate the days on which collections shall be made in
the residential and commercial sections. On
these days, the owner or occupant shall place all containers at the site
designated by Heartland Waste Management.
Section
4.5.08
Storage of Food and Feed All food and
feed kept within said City for feeding poultry, cattle, swine, horses or other
animals shall be kept and stored in rat free and rat proof containers,
compartments or rooms, unless kept in a rat proof building.
Section
4.5.09
Accumulation of Garbage and Refuse A.
It shall be unlawful for any person to place, leave, dump, or permit the
accumulation of any garbage, rubbish or trash in any building or upon any
premises in said City so that same shall provide food or harborage for rats or a
breeding place for flies and other vermin.
B.
It shall be unlawful for any person to permit to accumulate upon any
premises, whether improved or vacant, or upon any open lots, street, or alley in
said City, any lumber, boxes, barrels, bricks, stones or any other materials or
permit the same to remain thereon for any longer time that a temporary period
reasonably required for the building or repairing of property, unless same shall
be placed on open racks that are elevated not less than eighteen (18) inches
above ground, and evenly piled or stacked.
Section
4.5.10
Inspection by Health Officer The Public
Works Director shall from time to time make inspection of all alleys, buildings,
and premises, and if a violation of the provisions of this Article is found, he
shall notify in writing the owner, tenant or agent of such premises of such
violation, and said owner, tenant, or agent shall with three (3) days correct
the violation.
Section
4.5.11
Method of Disposal A.
All garbage and refuse (except tree branches and trees) shall be disposed
of by the sanitary-fill method. The
site for such fill shall have the approval of the Utility Supervisor and the
State Department of Health and shall not create a fire hazard, a breeding place
for rodents, flies or other vermin and shall in no way endanger the safety and
welfare of any person and shall be kept and maintained in such manner as to
cause no nuisance or inconvenience to adjoining property owners and tenants;
B.
No dumping of garbage or refuse shall be at any other place than that as
designated by the Council;
C.
It shall be unlawful to burn garbage or other refuse; and
D.
No leaves, tree branches, or other rubbish shall be burned upon any
sidewalk or pavement within said City.
Article 5 – Sanitation Division 2 – Rates Section
4.5.12
Rates for Service Rates for the
collection and hauling of garbage and refuse except trees and bulky articles
from residences, public buildings and other premises shall be fixed by
Resolution of the Council and may be changed from time to time to meet the
expenses thereof and payment shall be made monthly at the office of the City
Finance Officer and the monthly rates for the various classes shall be assessed
against the occupant and if the premises are not occupied against the owner
thereof, and the amount shall be billed with and collected with the collection
of the electric light service of said City.
Section
4.5.13
Mandatory Payment of Monthly Fees The business
and commercial rates shall be a mandatory fee on each business in the City,
South Dakota. The fee shall be
applied to each business entity whether the business is in the same building or
structure as other businesses. The
fee shall be applied to each separate business and the business shall be
required to pay the fee even if the business’ garbage is deposited in the
garbage cans of another business or whether the business disposes of their
garbage in some other manner. Residential
garbage fees shall be paid for each separate dwelling unit in the City.
For example, if a home owner lives in a home and has the basement rented
out for dwelling purposes, each of the separate dwelling units in the home shall
be assessed the residential fee for garbage pickup and it shall be mandatory
that the fee be paid for each dwelling unit.
Section
4.5.14
Collection Rates The
sanitation collection rates for garbage and rubbish collected within the
corporate limits of the City are as follows: Section 1: The residential sanitation collection rates for the residents of the City of Winner South Dakota for the collection of garbage by Heartland Waste Management shall be $17.00 per month. The $17.00 per month garbage collection fee shall be for three (3) thirty (30) gallon cans of garbage per pickup, then each additional thirty (30) gallon container or portion thereof shall be billed at an extra rate of $4.00 per month. Each apartment, duplex, house or other structure which receives an electric bill from the City of Winner shall be billed for garbage collection as set out above. Section 2: Residential garbage collection for the residents of the City of Winner shall be once per week. Section 3: There shall be two (2) garbage collection rates for commercial businesses. Commercial business shall be broken down into small business collection services and large business collection services. Small business collection services shall be provided to all small businesses which maintain a physical address within the City limits and are serviced by City utility services. The small business collection Services monthly rate shall be $20.00 per month and shall be based upon weekly (1 day per week) of three (3) thirty (30) gallon containers or less of non-hazardous, municipal, solid waste without the use of a dumpster. Small businesses which generate more than three (3) thirty (30) gallon containers of non-hazardous, municipal, solid, waste shall be charged an additional monthly service of $6.00 per thirty (30) gallon container or portion thereof which is collected on a weekly basis. The City shall review small business accounts with the City’s contracted waste hauler on a quarterly basis to determine if any small business rates warrant any rate changes. Section 4: All other commercial or business establishments located within the City limits of Winner, South Dakota, which utilize City utility services, excluding the small business as defined in Section 3 above, shall be charged in accordance with the size of the dumpster which said business utilizes, the number of dumpsters utilized and the number of pickups per week. The large business commercial rates shall be established as follows based upon the use of dumpsters: A). Two (2) cubic yard dumpsters shall be billed at $50.00 per month for one (1) per week pickup. Each additional pickup day added or necessary per week shall increase the monthly service rate by $40.00 per month. B). Collection of three (3) cubic yard dumpsters shall be billed at $77.50 per month for one (1) day per week pickup. Each additional pickup per week, if necessary, shall increase the monthly service rate by $60.00 per month. C). The monthly collection rate for a four (4) cubic yard dumpster shall be billed at $105.00 per month for one (1) day per week pickup. Each additional weekly pickup that may be required shall increase the monthly service billing by $80.00 per month. D). A six (6) cubic yard dumpster shall be billed at $155.00 per month for one (1) day per week collection. Each additional per week pickup shall increase the monthly service rate by $120.00 per month. Section 5: The charges reflected in Section 4 above include rentals of the dumpster and if any business that uses dumpsters owns the same, then such business would not be charged for rental of the dumpster and the fees would be based upon $5.00 per cubic yard for the dumpsters. Section 6: All residential and business waste service fees shall be billed by the City, along with the City utility bill at the end of each month for the proceeding month’s waste services. Section 7: Any hauler of debris to City Landfill wherein the debris comes from a person or entity not being served on a monthly basis by garbage collection and not making payment under any of the above family or business schedules, then the Landfill usage rates shall be as follows: Pickup load ………………………………………$15.00 Truck load ………………………………………..$25.00 Trailer load………………………………………..$15.00 Large Animals (per carcass)……………………...$15.00 Small Animals (per carcass)……………………...$10.00 Car Body …………………………………………$35.00 Any hauler of debris to the City Landfill shall identify, upon request by the Landfill operator, the name of the business, entity or person from where the debris originated and the hauler shall also give his name, address, business or other information requested by the City Landfill operator. This information shall be given prior to the dumping of the debris in the City Landfill. Section 8: The cost for depositing tires in the landfill has been previously established by a City Ordinance and said cost shall remain the same as set out in said Ordinance. Section 9: The City of Winner, South Dakota has previously advertised for bid for a private waste management firm to dispose of garbage accumulated in the City of Winner and following the advertisement for bids, the successful bidder was Heartland Waste Management and as the successful bidder, the City of Winner hereby authorizes Heartland Waste Management to be the exclusive garbage collector for collection of garbage within the City limits of the City of Winner, South Dakota. Section 10: Ordinance No. 724 is hereby repealed and all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Section
4.5.15
Tire Dumping The City will
charge the following rates for the dumping of tires the City Dump: Car tire, Pickup, Van Tires - 4 ply
(less or over)... $2.00 Truck tires...
$5.00 Tractor tires.
$10.00 Large tires.
$20.00
Article 6 – Cemetery Section
4.6.01
Headstones and Footstones All cemetery
lots in the City may have either upright or flat headstones with footstones at
ground level, centered over the foot of the grave space. All headstones, whether upright or flat, shall face east. In placing
any headstones or footstones in the Winner City Cemetery, the same shall be done
so as not to change the contour of the land. All cemetery lots in the City may have either upright or flat headstones with footstones at ground level, centered over the foot of the grave space. The maximum length of the headstone and/or base or footstone shall be no more than 48 inches per grave space. All headstones, whether upright or flat, shall face east. In placing any headstone or footstones in the Winner Cemetery, the same shall be done so as not to change the contour of the land.
Section
4.6.02
Maintenance Policy The Winner
Cemetery Maintenance Employees will fill, sod and/or seed, water, mow, and
provide for the general maintenance of each and every grave site within the area
known as the Winner City Cemetery. Individuals
may care for the site of an immediate family member's grave only.
This is limited to mowing and may not interfere with the maintenance crew
and the performance of their duties. No
one is allowed within the cemetery from 9 p.m. to 8 a.m. daily. Permanent
grave markers, memorials, headstones, and/or footstones may be placed on each
grave site by qualified monument companies, provided placement is accomplished
as directed in compliance with existing City Ordinances and under the
supervision of cemetery personnel. Maintenance
of those markers, etc., shall be the responsibility of surviving family members.
If maintenance is required, as determined by City authorities, the City
shall have the right to hire monument companies or use City personnel to restore
such markers, etc, to an upright or ground level position, whichever is
necessary as determined by the original placement of the marker.
In the event that the monument, marker, headstone, or footstone is
damaged or destroyed, in the process of repositioning, the City and its
employees shall not be held liable. Every
reasonable effort shall be taken to provide proper and careful restoration of
the marker, etc., to its original position. Vases which
are significantly damaged or destroyed by City crews will be replaced by the
City at the City's expense. Replacement
of vases damaged or destroyed by natural wear or elements shall be the
responsibility of family members. Flowers,
temporary memorials, or decorations may be placed on the grave site for one week
prior to Memorial Day and may remain on the grave site for one week following
Memorial Day. The City will not
assume responsibility for, or salvage of, any decorative items so placed. There shall
be no planting of trees, shrubs, or other permanent plantings within the City
Cemetery by any firm or corporation, except by the written permission of the
Council. Flowers,
plants or decorations may be placed at any time, provided they are placed in
vases or receptacles, which are an intregal part of the headstone, memorial,
marker, or footstone and do not inhibit the general maintenance of the cemetery.
Section
4.6.03
Rates
Section I: The price of all single burial spaces in the Winner City Cemetery, Winner, South Dakota shall be computed at $300.00 per burial space. Section II: The fee for a standard single burial grave opening shall be $400.00 Monday through Friday and $500.00 on Saturday and Sunday and Legal holidays. The fee for a grave opening deeper then the standard opening for a single burial shall be an additional $200.00 and shall be allowed only in areas of the Cemetery where soil conditions are conducive. Prior approval must be obtained from the City of Winner. Requests for exhuming any remains from the Winner Cemetery shall be as follows: 1. Casket with a vault-----------$1,500.00 2. Casket without a vault-------$2,000.00 In the event the casket is placed in another area of the Winner Cemetery, an additional burial fee of $300.00 will be assessed, and fees shall be payable in advance of process, which shall be done only during regular working hours of cemetery employees. A charge of $75.00 will be assessed for the burial of cremation remains. Section III: The monies derived from the sale of spaces and grave openings shall Be used solely for the purpose of maintaining the gravesites in the City Cemetery. Section IV: All Ordinances or parts of Ordinances in conflict are hereby repealed. Section V: This Ordinance shall be in full force from and after its passage, Approval, and publication.
Section
4.6.04
Casket Enclosure All adult
caskets buried in the Winner Municipal Cemetery must be enclosed in a vault or
liner made of concrete, steel, or equally hard material excluding fiberglass.
Article 7 – Airport Section
4.7.01
Establishment of Authority An Article
defining terms used herein and regulating the private and commercial operation
of aircraft from the Winner Municipal Airport providing for: A.
The lease of hangars and hangar sites; B.
Permits for commercial and private aeronautical activities and fees;
C.
The regulation and restriction of the height of structures and objects of
natural growth, and otherwise regulating the use of property, in the vicinity of
the Winner Municipal Airport by creating airport approach, turning and
transition zones and establishing the boundaries thereof;
D.
Changes in the restrictions and boundaries of such zones;
E.
The building regulations of structures located on the Winner Municipal
Airport;
F.
The control of said regulations by the board of adjustment; and
G.
Enforcement and imposing penalties.
Section
4.7.02
Naming In fond
memory of the work and industry that the late Bob Wiley contributed to the
improvement and betterment of the Winner Municipal Airport and the high
standards which he maintained at all times in connection with the operation of
the same, the name of the Winner Municipal Airport be and the same is hereby
changed to be as follows, "BOB WILEY FIELD".
Section
4.7.03
Zones All of the
land within the boundaries of the Winner Municipal Airport and within the number
of miles of the landing area of the Airport determined as necessary by the Board
of Adjustment in accordance with the requirements and recommendations of the
Federal Aviation Administration shall be divided by the Board of Adjustment into
Airport Approach Zones, Airport Turning Zones, and Airport Transition Zones.
The boundaries of which will be shown on the Winner Airport Approach Plan
as the same is amended from time to time by the Board of Adjustment in
conjunction with the Federal Aviation Administration.
Section
4.7.04
Height Limits No structure
or tree shall be erected, altered, allowed to grow, or maintained in any airport
approach zone, airport turning zone, or airport transition zone to a height in
excess of the height limit herein established for such zone. The height
limits established shall be done by the Board of Adjustment and shall not exceed
those limits which are set by the Federal Aviation Administration unless a
variance is permitted by the said Federal Aviation Administration and such limit
regulations established by the Board of Adjustment shall be made available to
the public in the permanent records of the said Board of Adjustment.
Section
4.7.05
Use Restrictions No use may be
made of land within any airport approach zone, airport turning zone, or airport
transition zone in such a manner as to: A.
Create electrical interference with radio communication between the
airport and aircraft; B.
Make it difficult for flyers to distinguish between airport lights and
other; C.
Result in glare in the eyes of flyers using the airport
D.
Impair visibility in the vicinity of the airport; or
E.
Endanger the landing, taking-off, or maneuvering of aircraft. No use shall
be made of any building, or area set aside for airport use at the Winner
Municipal Airport which is not directly associated with aeronautical activity.
Section
4.7.06
Nonconforming Uses The
regulations herein prescribed in this Article shall not be construed to require
the removal, lowering, or other change or alteration of any structure or tree
not conforming to the regulations as of the effective date hereof, or otherwise
interfere with the continuance of any non-conforming use. Nothing
herein contained shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which was begun
prior to the effective date of this Ordinance, and is diligently prosecuted and
completed within two years thereof.
Section
4.7.07
Variances Any person
desiring to erect any structure or increase the height of any structure, or
permit the growth of any tree, or use his property, not in accordance with the
regulations prescribed in this Article, may apply for a variance therefrom.
Such variance shall be allowed where a literal application or enforcement
of the regulations would result in practical difficulty or unnecessary hardship
and the relief granted would not be in accordance with the spirit of this
Article.
Section
4.7.08
Permits No material
change shall be made in the use of land, and no structure or tree shall be
erected, altered, planted, or otherwise established, in any airport approach
zone, airport turning zone or airport transition zone, unless a permit therefore
shall have been applied for and granted. Each
application shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined whether the resulting
use, structure, or tree would conform to the regulations herein prescribed.
If such determination is in the affirmative, the permit applied for shall
be granted. Before any
existing use, structure, or tree may be replaced, substantially altered, or
repaired, rebuilt, allowed to grow higher, or replanted, within any airport
approach zone, airport turning zone, or airport transition zone, a permit must
be secured authorizing such replacement, change, or repair.
No such permit shall be granted that would allow the establishment or
creation of an airport hazard or permit a non-conforming use, structure, or tree
to be made or become higher, or become a greater hazard to air navigation, than
it was on the effective date of this Ordinance or than it is when the
application for a permit is made. Except
as indicated, all applications for a permit for replacement, change, or repair
of existing use, structure, or tree shall be granted.
Section
4.7.09
Owner Responsibilities Any permit of
variance granted under Sections 4.7.07 and 4.7.08 may, if such action is deemed
advisable to effectuate the purposes of this Article and reasonable in the
circumstances, be so conditioned as to require the owner of the structure or
tree in question to permit the owner at its own expense, to install, operate,
and maintain thereon, such markers and lights as may be necessary to indicate to
flyers the presence of an airport hazard.
Section
4.7.10
Zoning Board of Adjustments Control All of the
regulations and controls as set forth in this Article and permits issued
hereunder shall be under the control of the Zoning Board of Adjustment of the
City and all permits granted and appeals therefrom and any and all related
procedures set forth in the Zoning Ordinance (Appendix C) of the City as the
same has been and is amended from time to time.
Section
4.7.11
Aircraft Control Zone No aircraft
shall be permitted to operate over the corporate limits of the City nor upon or
from the Winner Municipal Airport, nor within any control zone thereof unless
the operation thereof is done within strict compliance of all Federal rules and
regulations.
Section
4.7.12
Aircraft Noise Restrictions Unnecessary
noise by operator of aircraft within or over the corporate limits of the City
and over or on the Winner Municipal Airport is hereby prohibited.
Section
4.7.13
Airport Parking No vehicle or
truck of any kind or type shall be allowed upon any area of the airport except
in designated parking or unloading areas.
Section
4.7.14
User Permit No person
shall hereafter operate or conduct any commercial aeronautical activity upon or
from the Winner Municipal Airport for any commercial purpose or any purpose
whatsoever for hire by such person without first obtaining a permit for such
operation or activity from the City. No
permit for any commercial aeronautical activity will be issued until the person
seeking such permit shall have submitted to said City an application stating the
applicant's name, business name, address, complete description of the commercial
activity and of the equipment to be used in connection therewith, and, if the
applicant be a non-resident of the City, the person he has designated to accept
notice, services of process and summons on his behalf, which designation shall
continue during the time any permit is in force.
All permits and leases issued by the City shall be done so as to comply
with minimum Federal and State rules and regulations so far as the same shall
apply.
Section
4.7.15
Receipt of Fees The City
shall upon receipt of the fees in such sums as the Council shall from time to
time by resolution determine, issue to the applicant a permit to conduct
commercial aeronautical activity or activities.
Said permit shall clearly state the aeronautical activities in which the
holder may engage and the length of time covered by the permit.
Section
4.7.16
Cancellation of Permit Any permit
may be cancelled by Resolution of the Board of Adjustment for the violation of
this Article, any pertinent ordinance, State Aeronautics Commission, or Federal
Aviation Administration rules and regulations by the holder of said permit, his
agents, employees, or servants upon fifteen (15) days written notice given to
the permit holder and hearing held thereon by the Board of Adjustment of the
City.
Section
4.7.17
Supervision and Control The Winner
Municipal Airport shall be under the supervision and control of the Council
through the Board of Adjustment who is hereby charged with the duty of
maintaining, operating, and controlling said Airport, under the terms and
provisions of Resolutions or ordinances adopted by the Council. The Board of Adjustment is hereby authorized to promulgate
such rules and regulations as it may deem necessary or advisable for the proper
management, control and operation of said Airport. Prior to the adoption of such rules and regulations by the
Board of Adjustment, they shall be first submitted to the Airport Advisory
Committee for their consideration and said Board may thereafter adopt the same
in whole or in part with or without said Airport Advisory Board approval.
Said rules and regulations as are adopted in accordance herewith shall be
in full force and effect upon the filing of copies of the same with the Winner
City Finance Officer and shall be subject to the violation penalties as
hereinafter provided in Section 4.7.26 of this Ordinance.
Section
4.7.18
Storage of Gasoline or other Inflammable Materials The storage
of any gasoline or highly inflammable material in any hangar located on the
Winner Municipal Airport is expressly prohibited.
All paints, dopes, vanishes and solvents shall be stored and kept in
accordance with appropriate fire and safety rules and regulations.
No gasoline may be sold or disposed except through a state approved
stationary gasoline pump except that trucks may be used to deliver gasoline to
buried gasoline tanks and refuel aircraft within those areas as designated by
the Board of Adjustment including but not limited to tie-down areas, aircraft
parking areas and hangar areas.
Section
4.7.19
Right to Enter The
City, through its designated officials reserves the right to enter and inspect
any hangar or building located on the Municipal Airport at the City’s
discretion and any and all leases shall have in their provisions an agreement
permitting such entry and inspection.
Section
4.7.20
Building Construction No
construction, building, alteration, and the like in any manner or form or any
structure upon the Winner Municipal Airport shall be done or performed unless a
building permit shall have been obtained from the Inspector.
The regulations and controls concerning any building alteration and
construction shall be adopted by the Board of Adjustment.
Copies of regulations shall be kept on file and available upon request to
any person interested in the Office of the Auditor of the City and shall contain
the minimum requirements necessary that shall be not less than the requirement
that the construction be made from fireproof material upon the outer surface,
namely, metal, brick, and concrete and shall be of generally uniform design,
architecture, and color, and any variation in the design, architecture, or color
of buildings thereafter must be first approved by Inspector, in accordance with
said regulations. The places where
construction shall be allowed shall be as designated by the Board of Adjustment.
A permit must be likewise obtained for the location of any facility such
as, but not necessarily limited to, gasoline pumps, advertising signs, and
similar facilities from Inspector in the same manner and forms and building
permits.
Section
4.7.21
Rentals from City Hangar Any rentals
received from the use of the City Hangar and Tie Downs shall be payable to the
City Finance Officer.
Section
4.7.22
City Obligations A.
Airport
Premise Liability Insurance - The City shall procure
Airport Premise Liability Insurance for an amount acceptable to the City.
B. Gas - The Manager may sell gas at his own risk and the City will furnish tanks and pumps therefore.
C.
Lighting
- The City will furnish and pay for all exterior lighting at the Airport.
D.
Snow
Removal - The City will, upon notification of
the Manager and under his direction, remove snow from runways, parking and taxi
ways and roads to and from the county road access. In the event of emergency, the City will provide such now
removal as is necessary.
E.
Fencing
And Runway Markers - The City will furnish and
install all fencing and runway markers.
F.
Radio
- The City will furnish all Radio equipment and maintenance for the same used
for airport advisory service.
Section
4.7.23
Nonperformance and Breach In the event
the Manager should fail to observe any of the provisions of this said Agreement
then written notice of such failure shall be given to Manager and if not fully
corrected within sixty (60) days after the receipt of said notice then City may
terminate this said Agreement by written notice which shall become effective
immediately upon the receipt of. A.
The failure of the Manager to perform, keep, and observe the terms and
covenants and conditions of this said Agreement.
In the event of said failure to so perform after notice of the same is
given as hereinbefore provided City shall have the right to at once enter upon
and assume full possession of the said space which has been herein delegated to
and occupied by the Manager under this said Agreement and to remove therefrom
any and all goods and chattels not belonging to City and without being liable
for prosecution therefore or to any claim for damages incurred by virtue of such
removal and said City shall thereafter be entitled to select a suitable Manager
and this said Agreement shall thereafter be null and void. B.
Manager will not purchase nor contract for any debts in the name of the
City without first obtaining specific approval thereof on proper requisition.
C.
Manager agrees to operate the said Airport for the use and benefit of the
public and to furnish good, prompt and efficient services adequate to meet all
of the reasonable demands for services at the said Airport and to furnish said
service on a fair, equal and non-discriminatory basis to all users thereof and
to charge fair, reasonable and non-discriminatory prices for each unit of said
sale or services providing, however, that Manager may make such reasonable and
non-discriminatory discounts, rebates or other similar types of price reductions
to volume purchasers.
D.
The Manager nor any of his agents and employees will not discriminate
against any person or class of persons by reason of race, color, creed or
national origin in providing any service or in the use of any of the Municipal
Airport facilities provided for the public in any manner. Manager further agrees to comply with such enforcement
procedures as the United States through its proper agencies may demand that City
take in order to comply with the Sponsors Assurances.
E.
The Manager has no right or privilege granted to him, his agents or
employees which would operate to prevent any person operating aircraft on the
Airport from performing any service on its own aircraft with its own aircraft
with its own regular employees including but not limited to maintenance and
repair that it may choose to perform.
F.
Nothing herein contained may in any manner or form be construed to grant
or authorize the granting of an exclusive right in the Manager by the City.
Section
4.7.24
City's Rights The City
reserves the sole right to develop and improve the landing area of the Airport
or any facilities thereon in any manner it sees fit regardless of the desires or
views of the Manager and without interference or hindrance. City reserves the rights to maintain and keep the repair of
the landing area of the said Airport and all publicly owned facilities on the
same together with the right to direct and control the activities of Manager in
this regard. City reserves their
right to lease the landing area or any part thereof to the United States
Government for any military or naval use during time of war or national
emergency and any provisions of said Agreement to the contrary shall be
suspended during that period of time. City reserves
the right to take any action it considers necessary to protect the aerial
approaches of the said Airport against obstruction together with the right to
prevent Manager from erecting or permitting to be erected on any area leased by
Manager any building, structure or the like or adjacent to the Airport which in
the opinion of the City would limit usefulness of the said Airport or constitute
a hazard to aircraft.
Section
4.7.25
Payment of Utilities It is
expressly agreed that the Manager shall furnish and pay for all utilities except
the following: A.
City shall be responsible for heating, sewer, and water in rest rooms
located in the administrative office attached to the hangar.
B.
City shall furnish outside pay phone station on the premises.
C.
City shall be responsible for all exterior lighting, water and sewer.
Section
4.7.26
Penalty Anyone who
violates this Article shall be guilty of a Class II Misdemeanor and fined
pursuant to Section 14.01. Further,
any building or structure maintained, erected, constructed, moved, or converted
or any building, structure, or land that is used in violation of this Article or
any facility located without a permit is hereby declared to be a nuisance and
shall be abated as such. Each day
that a violation is permitted to exist shall constitute a separate and distinct
offense.
|
|
|
