[Ord. No. 7-2004, § 13.32(1), 7-26-2004]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person other than the Village causing work to be done that requires installation of, construction of or changes to the local water facilities.
- LOCAL WATER FACILITIES
- Water mains that are designed to provide for local water distribution and all related appurtenances and equipment, including, without limitation, fire hydrants, valves, pump stations and water services in the Village service area which facilities are owned, operated and maintained by the Racine Utility.
- RACINE UTILITY
- The water utility owned by and a department of the City of Racine.
- RACINE WATER SYSTEM
- The water system facilities owned and operated by the Racine Utility.
- VILLAGE SERVICE AREA
- The geographical area within which the city and the Racine Utility provide retail water service to the territory of the Village and to individual retail customers within such territory, pursuant to the agreement between the Village, city and Racine Utility, entitled Intergovernmental Retail Water Service Agreement Between the City of Racine and the Village of Mt. Pleasant, dated May 24, 2004.
[Ord. No. 7-2004, § 13.32(2), 7-26-2004]
No person shall make a new service connection to the Racine Water System or expand a building or change the use of a building or real property in the Village without first filing with the Village an application for the necessary permits and approvals and submitting the information required to determine the applicability and amount of the connection charge that the Village is required by agreement to pay to the City of Racine. Such information shall be submitted to the Village on forms provided by the Village and shall include, without limitation, the number of bedrooms for each multifamily residential unit and, for all nonresidential uses, the SIC codes for all uses and the maximum potential employee hours for a peak day of operations.
No person shall make a service connection to the Racine Water System without first receiving from the Village a written permit or written approval therefor.
No person shall be authorized by the Village to make a service connection to the Racine Water System for any person or property outside of the Village service area, except as otherwise provided for by agreement between the Village and the city.
No person shall make a service connection to the Racine Water System for any person or for any property outside the Village service area, except as otherwise provided by agreement between the Village and the city.
No single water user shall use water from the Racine Water System to the extent that the user's average daily water use exceeds 9,000 gallons per day per acre of the user's contiguous land that is served by the Racine Water System without first having made and duly satisfied any special arrangements or complied with any special requirements specified by the Racine Utility after review of the situation by the Racine Utility.
No person shall construct or install in the Village a water main that is less than 12 inches in diameter that is intended to serve multifamily residential, commercial, industrial, institutional or other nonresidential or nonrural land uses; or a water main that is less than eight inches in diameter that is intended to serve single-family or duplex residential or rural land uses that are not multifamily residential, commercial, industrial or institutional in nature, or a new water main that is less than eight inches in diameter that will be part of the local water facilities.
No person shall commence construction or installation of local water facilities without first having received from the Racine Utility written approval of the size and location of all local water facilities, and written approval of all plans and specifications for such facilities. The Racine Utility shall complete its review of plans and specifications for local water facilities within 45 days after receiving them.
All local water facilities shall be constructed and installed in accordance with plans and specifications prepared and sealed by a state registered professional engineer and shall satisfy all applicable standards of the city and/or Racine Utility for water mains and other water facilities to be constructed or installed in the city, and in compliance with all of the rules and regulations imposed by the city and/or Racine Utility with respect to installation and construction standards of water mains and related equipment and appurtenances.
No person retained by the Village or by a developer shall perform work on local water facilities without having made, in advance, arrangements with the Racine Utility for construction review of the construction or installation of all local water facilities. The Village or the developer, whichever is having the work performed, shall, within 30 days after receipt of an invoice from the Racine Utility, reimburse the Racine Utility for the cost of construction review of the construction or installation of the local water facilities, for which purpose the Racine Utility may retain construction review personnel.
No person that has not been pre-approved to construct and install water facilities in the city shall construct or install local water facilities in the Village. The Village or the developer shall submit to the Racine Utility the names and addresses of all contractors and subcontractors that will be used in connection with a local water facilities project, including a description of their respective roles in such project, and shall not commence construction or installation on any such project until the Racine Utility approves the project in writing.
The Village or the developer, whichever is having the work performed, shall be responsible for paying all costs and fees incurred in connection with the provision of local water facilities, including, without limitation, site or easement acquisition, project review, construction review, engineering, construction, legal services and permitting.
The Village or the developer, whichever is having the work performed, shall obtain all authorizations, permits or approvals required for the construction or installation of any local water facilities and all easements or other interests in real property required to construct, install, maintain, repair and replace any such facilities, and shall be responsible for paying all related costs. All such easements, authorizations, permits and approvals shall be subject to review and approval as to form and content by the Racine Utility in conjunction with the Racine Utility's review of plans and specifications for any local water facilities project.
After completion and testing of each local water facilities project, and review and approval by the Racine Utility (including preparation and approval of as-built plans for the project), the Village or the developer, whichever is having the work performed, shall give, grant, dedicate and transfer ownership of the local water facilities to the Racine Utility and shall assign to the Racine Utility any related authorizations, permits and approvals, all free of cost to the Racine Utility or the city and free and clear of any liens or encumbrances that are not accepted in writing by the Racine Utility, and shall assign to the city any related easements or other interests in real property that are required to operate, maintain, repair or replace such facilities, all free of cost to the city and the Racine Utility and free and clear of any encumbrances that are not accepted in writing by the Racine Utility. Upon written notice from the Racine Utility to the Village of its acceptance of such local water facilities, the Racine Utility shall own and be responsible for the repair and maintenance of such local water facilities, except when repair or maintenance is required because of acts of the Village, the developer or its or their employees, agents or contractors, or their subcontractors.
All local water facilities dedicated and transferred to the Racine Utility shall be warranted by the Village and the Village's contractor or by the developer and the developer's contractor, whichever is having the work performed and whichever performed the work, to be free of defects or insufficiencies in design, construction or materials for a period of one year from and after the Racine Utility's acceptance in writing of the dedication and transfer of such facilities. The developer shall provide to the Racine Utility a letter of credit or other form of security satisfactory to the Racine Utility, in an amount of 10% of the total project cost, the form of which is approved by the Racine Utility, to secure such warranty.
No connection to local water facilities shall be permitted by the Village until after the dedication and transfer of the local water facilities to the Racine Utility has been accepted in writing by the Racine Utility, with a copy provided to the Village, such facilities have become part of the Racine Water System, and a water meter has been installed by the Racine Utility for each such connection.
No work on any local water facilities project shall commence until there has been full compliance with all of the requirements of this article.
The requirements of this article shall be provided for in a written agreement binding upon the Village and the Village's contractor, or upon the Village, developer and the developer's contractor, whichever is having the work performed as between the Village and the developer, which agreement shall be enforceable by the city or the Racine Utility and which shall be approved by the Racine Utility prior to commencement of construction or installation.
Upon conviction, any person found to be in violation of this section shall forfeit an amount of not less than $50 nor more than $500. Each day that a violation continues shall be considered a separate offense.
[Ord. No. 7-2004, § 13.32(3), 7-26-2004]
No person shall disconnect or remove any water meter from the place where such meter is connected to the Racine Water System without first obtaining written consent from the Racine Utility.
[Ord. No. 7-2004, § 13.32(4), 7-26-2004]
No retail water service to an industrial building first being served on or after April 1, 2002, or to any such building that is remodeled or rehabilitated so as to require changes to the water service on or after April 1, 2002, shall be initiated or maintained without installation, operation and maintenance of authorized automatic meter reading (AMR) equipment and a telephone line for the purpose of monitoring all water metering equipment for the building.
The Racine Utility shall not install a water meter for an industrial building covered by this section until the owner or other responsible party (owner) complies with this section. If the owner fails to maintain the monitoring system and/or telephone line associated therewith, the utility may take appropriate action to terminate the water service.
[Ord. No. 7-2004, § 13.32(5), 7-26-2004]
The Racine mayor and, in his absence, the president of the city waterworks commission, is authorized, empowered and directed to declare the existence of an emergency relating to the Racine Water System's available water supply and to impose restrictions on the use of water during the emergency, following consultation with the Village President.
[Ord. No. 7-2004, § 13.32(6), 7-26-2004]
Whenever the Racine mayor or, in his absence, the president of the city waterworks commission or designee has declared the existence of an emergency and imposed reasonable restrictions on the use of water and reasonable notice of such emergency and restrictions has been to the general public, such restrictions shall be in full force and effect in the Village. The violation or failure to observe any restriction so imposed shall constitute a violation of this article.
[Ord. No. 7-2004, § 13.32(7), 7-26-2004]
Upon conviction, any person violating any restriction on the use of water imposed pursuant to this article shall be subject to a forfeiture of not less than $50 nor more than $500. Each day of violation constitutes a separate offense.
[Ord. No. 7-2004, § 13.32(8), 7-26-2004]
Delinquent charges. All general service-urban, general service-suburban, and private fire protection service customers shall pay invoices of the Racine Utility for such services within 15 days from the date of such invoices; all such customers who fail to pay such invoices within such fifteen-day period shall pay a penalty as authorized in the latest state Public Service Commission (PSC) rate case. The Racine Utility is authorized to shut off water service upon three days' written notice to the water customer for failure to pay the water invoice within 20 days from the date of the invoicing; the Racine Utility is further authorized to charge a service fee as authorized in the latest PSC rate case for turning on water; all as authorized by the orders of the PSC.
Notice of delinquency. The Racine Utility will give notice not later than October 15 of each year to the owner or occupant of each lot or parcel of real estate in the Village to which the Racine Utility has furnished retail water service prior to October 1 of that year for which payment is owing and in arrears at the time of giving the notice. The notice shall state the amount in arrears, including any penalty assessed pursuant to the rules of the Racine Utility; and that unless the amount is paid by November 1 a penalty of 10% of such amount will be added; and that unless the amount in arrears and any added penalty are paid by November 15, the amount in arrears and any added penalty will be levied as a tax against the lot or parcel of real estate to which retail water service was furnished and for which payment is delinquent.
Certificate of delinquency. On November 16, or as soon thereafter as is practicable, the Racine Utility shall certify and file with the Village Clerk-Treasurer a list of all lots or parcels of real estate (giving the legal description of each) for which notice of arrears and any added penalty was given and with respect to which an amount in arrears and/or any added penalty remain unpaid, stating the amount of arrears and added penalty. The Village Clerk-Treasurer shall insert the total delinquent amount including any added penalty as a tax against the lot or parcel of real estate. The Village shall thereafter take reasonable actions to collect the delinquent amounts, including penalties. Upon collection of any delinquent amounts, including penalties, the Village shall promptly pay such amounts to the Racine Utility. The Village hereby adopts as a part of this section, Wis. Stats. § 66.0809(3), as though the Racine Utility were a utility operated by the Village, for the purpose of carrying out the provisions of this section, and the utility is hereby authorized to give the notice of delinquency.
[Ord. No. 7-2004, § 13.32(9), 7-26-2004]
The Village authorizes City of Racine agents, contractors and employees to enter upon private property for the purpose of installing water meters, reading and maintaining water meters, inspecting water meters, inspecting water connections and any other purposes that are associated with the city's discharge of its responsibilities in providing water service to the Village, to the fullest extent authorized by law. The Village shall fully cooperate, to the extent legally possible, with the city and/or Racine Utility in obtaining any necessary special inspection warrants under Wis. Stats. § 66.0119.
[Ord. No. 7-2004, §§ 13.32(10),(11), 7-26-2004]
Tampering. No person shall tamper with, damage or destroy a fire hydrant within the Village or use a fire hydrant within the Village except governmental officials or employees in the course of their official duties.
Release of water. No person, except governmental officials or governmental employees in the course of their official duties or other persons with prior written authorization from the Village or from the Racine Utility, shall intentionally release water from or take water from fire hydrants in the Village.
[Amended 3-24-2014 by Ord. No. 07-2014]
The City of Racine and the Village of Mt. Pleasant have entered into an Intergovernmental Retail Water Service Agreement whereby the Village of Mt. Pleasant is serviced with water from the Racine Water Utility. This agreement allows the Racine Water Utility to recalculate connection charges for commercial and/or industrial users based upon the highest actual recorded water usage during any twelve-month period between the first and the third anniversary date of any connection.
If any recalculated charge exceeds the original connection charge paid by the Village of Mt. Pleasant to the Racine Water Utility, the Racine Water Utility will provide to the Village of Mt. Pleasant written notice of the difference and charge the Village of Mt. Pleasant for the difference.
In the event the Racine Water Utility charges the Village of Mt. Pleasant for any recalculated connection charges, such costs constitute an additional connection charge; and commercial and/or industrial users shall reimburse the Village upon demand by the Village for said charge.