The provisions of this chapter shall be effective in the incorporated
areas of the City of Mendota.
The following words shall have the meanings given them by this
section:
APPLICANT
An owner of residential property or such owner's designee,
or an entity engaged in a service line capital improvement;
RESIDENTIAL PROPERTY
Real estate identified by a single locator number which is
assessed as residential by the City of Mendota. The property may contain
multiple dwelling units but must be occupied by the owner of the real
estate. Under no circumstances shall commercial or industrial buildings
containing a residence be considered for the program.
SERVICE LINE
That portion of residential property's water service line
piping and related valves and connectors which extends beyond the
water mains owned and operated by the municipality distributing the
public water supply to and including the shutoff valve, but shall
not include any portion of the line from the shutoff valve to, inside
or under any structure on the residential property, and shall not
include the water meter or any facilities owned by the municipality
distributing the water service;
SERVICE LINE REPAIR EMERGENCY
The repair of a defective service line necessary to relieve
immediate danger to the health, safety, or welfare of the public.
The determination of whether or not an emergency exists is at the
discretion of the Superintendent.
SERVICE LINE REPAIR/RELOCATION
The repair, patching, relocation or replacement of a water
line due to failure of the line or for a service line capital improvement,
including repair and replacement of the corporation cock, stop cock
and stop boxes, and including associated digging and the replacement
of dirt and seeding of affected areas. Service line repair shall not
include any work that includes the line between the shutoff valve
to the residence or any plumbing located on the inside of or under
any structure; shall not include repair or replacement of service
lines damaged as a result of freezing, earthquakes or other acts of
God; shall not include the elective replacement of lead service lines
with alternative material; shall not include the location of service
lines and/or shutoff valves exclusive of repairs; and shall not include
replacement of landscaping or ornamental structures; but may include
replacement of structural facilities required for safe occupancy of
a structure or safe use of property.
SUPERINTENDENT
The City of Mendota Superintendent of Water Department or
designee;
There is hereby established a special revenue fund, to be designated
as the service line repair fund, in which shall be deposited all monies
collected by the City of Mendota. The account shall be funded by the
implementation of the water service line repair fee in the amount
of $1 per month for all households receiving a monthly water, sewer
and/or garbage bill. 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 and necessary to administer and carry
out the service line repair program. The City Clerk's office shall
administer and disburse funds from this fund upon authorization of
the Superintendent of the Water Department.
Applicants who own residential property who wish to participate
in the service line repair program shall complete an application on
forms to be created and provided by the Department. In order to be
eligible for participation in this program, applicant shall:
A. Provide satisfactory proof that the proposed water line service repair
is for residential property within the City of Mendota;
B. Provide satisfactory proof of ownership or permission by the owner
of all premises on, over, and under which service line repairs are
to be effected;
C. Provide satisfactory proof of currently paid water service bill and
service line repair fee;
D. Provide written certification that neither the applicant(s), [the]
other owner(s), nor anyone on their behalf will make any claim against
or seek any relief from the City of Mendota arising out of or in connection
with any work completed or any action taken in connection with the
service line repair program. The applicant shall further certify the
applicant's acknowledgement that the City of Mendota is not responsible
for the acts of the contractor making the repair, replacement or road
relocation and that the applicant shall indemnify the City of Mendota
and hold the City of Mendota harmless from any and all claims arising
out of the applicant's participation in, and work performed and actions
taken in connection with, the service line repair program;
E. Provide a written report from the water service provider that the
service line is defective and repair is necessary. Such report should
specify the nature and location of the defect, in such detail that
the Superintendent may adequately determine both the nature of the
defect and the bidding requirements for the service line repair. The
Superintendent may in his discretion accept such report from a properly
licensed master plumber in lieu of a report from the water service
provider.
F. Certify that the applicant has the authority to and does consent
to the performance of service 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 the Superintendent,
and that the applicant shall reimburse the City for all expenses incurred
by the City on the applicant's behalf in the event that the applicant
withdraws permission to proceed or otherwise interferes with performance
of work authorized under this program;
G. Certify that the applicant understands and acknowledges that service
line repair includes only the patching or replacement of a defective
service line, including associated digging and the replacement of
dirt and seeding of affected areas, and does not include replacing
of landscaping or ornamental structures and may not include replacement
of structural facilities;
H. Certify that the applicant understands and acknowledges that the
service line repair program excludes any and all repair work between
the shutoff valve and residence, or on the inside of the building
structure and may exclude repairs under structures. If repair work
is required between the shutoff valve and structure, or under any
structure or on the inside of the residence as part of an eligible
service line repair program repair, those costs shall be the responsibility
of the homeowner;
I. Certify that the applicant understands and acknowledges that the
service line repair program does not include payment for the elective
replacement of lead lines, and does not include payment for service
line repairs necessary due to freezing of water lines, earthquakes
or other acts of God;
J. Agree to repair at the applicant's expense those portions of the
property designated by the Superintendent within 15 days of the service
line repair or at other such time as may be established by the Superintendent;
K. Certify to what extent, if any, the applicant is insured for all
or part of the cost of City-approved repairs.
The Superintendent in his discretion is authorized to execute
on behalf of the City of Mendota contracts necessary to administer
and carry out the service line repairs, including contracts with licensed
service line repair contractors, and other professional contractors
as may be necessary. All contracts awarded pursuant to the service
line repair program are subject to approval by the Accounting Officer
and approval as to legal form by the City Counselor. All such contracts
shall provide that:
A. The contractor shall have and maintain in appropriate amounts as
required by the Superintendent;
(1)
General liability insurance naming the City of Mendota as an
additional insured; and
(2)
Workers' compensation insurance as required by law;
B. The contractor shall pay the equivalent of the prevailing wage;
C. Applicants on whose property work is to be performed are acknowledged
to be third-party beneficiaries under the contract;
D. The contractor shall be responsible for securing all permits;
E. The contractor shall be paid only upon satisfactory completion of
the work and approval by all relevant agencies, including, as appropriate,
the water service provider and the Department;
F. The contractor, in performing the contract, shall not discriminate
against any employee or employment applicant based on race, creed,
color or national origin.
In the event that a service line repair emergency exists at
a time outside of normal business hours, a person who wishes to participate
in the service line repair program may contact any properly licensed
master plumber and arrange for the performance of such work as may
be necessary to relieve the immediate emergency. The Superintendent
shall authorize reasonable compensation to such master plumber for
emergency repairs, if the master plumber certifies that a service
line repair emergency existed and the repairs were necessary, to the
satisfaction of the Superintendent.
The Superintendent is authorized to enter into contracts with
public utility companies and municipalities that provide water service
for service line repairs and may negotiate fees in accordance with
the public service commission-established rates and prevailing costs.
Administration of the service line repair program shall be contingent upon the availability of funding collected or anticipated to be collected or as may be made available pursuant to the fee of $1 per month imposed upon service lines by §
318-38.3.
The Superintendent shall promulgate rules and regulations to
carry out the purposes and intent of the service line repair program
to protect the public safety, health and welfare, and to administer
the program in an effective, efficient and timely manner. All rules
and regulations shall be filed with the Administrative Superintendent
after being first approved by order of the City Council.
In the event that local or municipal permit, restoration, inspection
or other requirements exceed those of the City of Mendota and result
in additional costs for a service line repair, the homeowner or municipality
will be responsible for paying such additional costs.