[R.O. 2011 § 700.390; Ord. No. 12-123 § 1, 7-25-2012; Ord. No. 19-074, 3-19-2019]
At the election of November 6, 2012,
the voters of the City of St. Charles authorized a fee not to exceed
twelve dollars ($12.00) per year on residential property for each
water service line providing water service within the City of St.
Charles to residential property having four (4) or fewer dwelling
units for the purpose of paying for the costs of necessary water service
line repairs or replacements.
[R.O. 2011 § 700.400; Ord. No. 13-172 § 1, 9-3-2013]
For the purposes of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The City of St. Charles Public Works Department.
The City of St. Charles Public Works Director or his/her
designee.
Real estate within the City, identified by a single locator number and which the St. Charles County Assessor's office classifies as: Class 1: Single-Family Residence (R), Class 13: Duplex (R), Class 14: Condo Residential (R), Class 19: Single Unit Apartment (R), Class 31: Residential Triplex (R), Class 41: 4 Units (R). "Residential property" shall also mean a bed-and-breakfast as defined in Section 400.050 of this Code, provided that said bed-and-breakfast is carried on entirely within the dwelling unit by a member of the family residing in the dwelling unit.
That portion of a residential property's water piping that
runs between the foundation of the residential property and a water
meter, or first shutoff valve, not including filters, pumps or other
equipment. It also does not include a water line located under any
part of any building or within exterior walls.
The patching or replacement of a defective water line, including
associated digging and the replacement of dirt and seeding of affected
areas. "Water line repair" shall not include replacement of landscaping
or ornamental structures, but shall include replacement of structural
facilities required for safe occupancy of a residence or safe use
of a property, such as sidewalks, driveways and pavement.
[R.O. 2011 § 700.410; Ord. No. 13-172 § 1, 9-3-2013; Ord.
No. 22-167, 12-20-2022]
There is hereby imposed upon all eligible residential property within the City served by City water service an annual fee in the amount stated in Section 150.030 for the purposes of water line repair.
[R.O. 2011 § 700.420; Ord. No. 18-156, 7-17-2018]
There is hereby established a special revenue fund, to be designated as the "Water Line Repair Fund," in which shall be deposited all monies collected by the St. Charles County Collector of Revenue pursuant to the fee authorized by Section 700.410. All monies received thereby shall be deposited in this fund upon receipt, together with all interest generated on deposited funds, and shall stand appropriated upon receipt for payment of costs reasonably associated with and necessary to administer and carry out the defective water line repairs provided for by the Water Line Repair Program. The Finance Director shall administer and disburse funds from this fund upon authorization of the Public Works Director. A program participant may recover one hundred percent (100%), not to exceed three thousand dollars ($3,000.00), of the authorized costs incurred for water line repair.
[R.O. 2011 § 700.430; Ord. No. 13-172 § 1, 9-3-2013]
A.
Persons who wish to participate in the Water Line Repair Program shall complete an application on forms to be created and provided by the Public Works Department. In order to be eligible for participation in the program, an applicant shall, in addition to any other requirements imposed by the rules and regulations adopted pursuant to Section 700.470:
1.
Provide satisfactory proof of ownership
or consent to repair by the owner(s) of all premises on, over and
under which water service repairs are to be effected;
2.
Provide copies of paid St. Charles
County real and personal property tax bills and make payment of all
past due City bills;
3.
Provide written certification that
neither the applicant(s), the owner(s) nor anyone on their behalf
will make any claim against or seek any relief from the City arising
out of or in connection with any work done or any action taken in
connection with the Water Line Repair Program. The applicant shall
further certify the applicant's acknowledgment that the City is not
responsible for the acts of the contractor making the water line repairs
and that the applicant shall indemnify the City and hold it harmless
from any and all claims arising out of the applicant's participation
in, and work performed and actions taken in connection with, the Water
Line Repair Program;
4.
Certify that applicant has the authority
to and does consent to the performance of the water line repair work
on and about the property described in the application, that the applicant
will not interfere with the work to be performed by the contractor
selected by applicant and that applicant shall reimburse the City
for all expenses incurred by the City on applicant's behalf in the
event that applicant withdraws permission to proceed or otherwise
interferes with performance of work authorized under this program;
and
5.
Certify that applicant understands
and acknowledges that water line repair includes only the patching
or replacement of a defective water line, including associated digging
and the replacement of dirt and seeding of affected areas, and does
not include replacement of landscaping or ornamental structures but
only replacement of structural facilities required for safe occupancy
of a residence or safe use of property.
[R.O. 2011 § 700.440; Ord. No. 13-172 § 1, 9-3-2013]
Upon determination by the Director
that an applicant is eligible to participate in the Water Line Repair
Program, the applicant shall contact a sufficient number of City-licensed
contractors so that a minimum of three (3) competitive bids will be
obtained for each repair project.
[R.O. 2011 § 700.450; Ord. No. 13-172 § 1, 9-3-2013]
The applicant shall submit at least
three (3) bids to the Director. The amount which the City shall reimburse
to the applicant shall be a portion of the bid amount submitted by
the lowest responsible bidder. In determining "lowest responsible
bidder," in addition to price, the Director shall consider: the ability,
capacity or skill of the bidder to perform the contract or provide
the service required; whether the bidder can perform the contract
or provide the service promptly or within the time specified without
delay or interference; the character, integrity, reputation, judgment,
experience and efficiency of the bidder; the quality of performance
of previous contracts or services; the previous and existing compliance
by the bidder with laws and ordinances relating to the contract or
service; the sufficiency of the financial resources and ability of
the bidder to perform the contract or provide the services; the quality,
availability of the supplies or contractual services to the particular
use required; the ability of the bidder to provide future maintenance
and service for the use of the subject to the contract; and the number
and scope of conditions attached to the bid.
[R.O. 2011 § 700.460; Ord. No. 13-172 § 1, 9-3-2013]
Administration of the Water Line Repair Program shall be contingent upon the availability of funding collected or anticipated to be collected pursuant to the annual water line repair fee imposed by Section 700.410. In addition to the requirements for Water Line Repair Program participation set forth in Section 700.430, an applicant must provide satisfactory proof that the applicant has paid the annual water line repair fee or that the applicant will pay the annual water line repair fee if not yet annually billed for the calendar year in which the applicant desires to participate in the Water Line Repair Program.
[R.O. 2011 § 700.470; Ord. No. 13-172 § 1, 9-3-2013]
The Director, with the approval of
the Mayor, shall promulgate rules and regulations to carry out the
purposes and intent of the Water Line Repair Program to protect the
public safety, health and welfare and to administer the program in
an effective, efficient and timely manner.
[1]
Editor's Note: Ord. No. 18-156, enacted 7-17-2018,
set out rules and regulations governing this program. Said rules are
held on file in the City offices.
