[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.
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.
The water utility owned by and a department of the City of
Racine.
The water system facilities owned and operated by the Racine
Utility.
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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
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.
(m)
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.
(n)
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.
(o)
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.
(p)
No work on any local water facilities project shall commence until
there has been full compliance with all of the requirements of this
article.
(q)
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.
(r)
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]
(a)
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.
(b)
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]
(a)
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.
(b)
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.
(c)
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]
(a)
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.
(b)
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.
