City of Franklin, WI Article II Municipal Utilities

[Adopted 8-5-1997 by Ord. No. 97-1461 as Ch 14. of the 1997 Code]

§ 207-5 Board of Water Commissioners.

The Water Utility of the City shall be managed and operated by a Board of Water Commissioners.

A. Members and terms. There is hereby established a nonpartisan Board of Water Commissioners to consist of five members. Commissioners shall be appointed by the Mayor and confirmed by no less than 2/3 of the entire membership of the Common Council for a term of five years, commencing October 1 of the year in which they are elected. Upon creation of such Board, the initial terms of office shall be one, two, three, four and five years for the respective members, and thereafter five years for each member so appointed. The Commissioners shall receive no compensation except expenses unless otherwise provided by ordinance.

B. Oath and bond. Within five days after the beginning of his or her term of office, the person appointed shall file with the City Clerk his or her oath of office and bond.

[Amended 3-5-2002 by Ord. No. 2002-1708]

C. Officers. The members of the Board of Water Commissioners shall elect from their number a President and a Secretary, whose term of office shall be for a period of one year. At the first meeting after the first of October of each year, these officers shall be duly elected by the Commissioners.

D. Meetings. The Board of Water Commissioners shall meet at least once each month. Special meetings may be held at any time on the call of the President or by members of the Board, who shall so direct the Secretary to call such special meeting. A minimum of three calendar days' notice, in writing or by telephone, shall be given each Commissioner at his or her place of residence, unless a special meeting is held at which all Commissioners are present and waive notice of the time for such special meeting and consent to the holding thereof without notice.

E. Quorum. The majority of the Board shall constitute a quorum, and such quorum shall be necessary for the transaction of any business.

F. Duties. The Board of Water Commissioners shall take entire charge and management of the Water Utility and Water Department of the City, employ a manager and fix his or her intention. The Board of Water Commissioners may employ the services of other City officials in accordance with Subsection L of this section, and may employ and shall be responsible for the compensation of all of its subordinate employees.

G. Powers. The Board of Water Commissioners shall have complete charge of construction, extension, improvement, operation and maintenance of the Water Utility, subject to the powers and jurisdiction fixed by law and the ordinances of the City and the rules of the Public Service Commission. It may purchase sites and make, prepare and adopt plans, designs and specifications for buildings, machinery, apparatus and the laying of mains and appliances required for the proper functioning of the Utility. The Board shall have such other powers and duties as may be granted to it by law or by ordinance of the City.

H. Limitations of powers. The Board shall be limited only in the case where a capital investment requires the borrowing of money which will become a general obligation of the City. For this limitation, the consent of the City Council shall first be required.

I. Accounts. Books of account shall be kept in the manner and form prescribed by the Public Service Commission and shall be open to public inspection at the place prescribed by the Board of Water Commissioners. All accounts shall be audited by the Board and approved by the same.

J. Receipts. All receipts of the Water Utility shall be deposited with the City Treasurer, who will be the appointed bonded cashier for the Board. Such bonding shall be in the amount of not less than $5,000 and approved by the Board and paid for by the Water Utility. A separate fund of all such receipts shall be kept and maintained at financial institutions designated by the Board.

K. Expenses and disbursements. All departmental expenditures shall be approved by the Board of Water Commissioners and signed by the President and Secretary of the Board, and shall be paid by the City Clerk and Treasurer in the manner provided by § 66.0607, Wis. Stats., and in the manner following: order check shall be issued by the City Clerk upon the filing with the City Clerk of certified and approved bills, vouchers or schedules signed by the President and Secretary of the Board, giving the name of the claimant or payee and the amount and nature of each payment.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(1) Absent a meeting of the Board of Water Commissioners, approval of the voucher list by the President, and, in the absence of the President, the Secretary, is sufficient authorization for the City Treasurer to release payment of vouchers. Any list of vouchers approved in this manner shall be provided to the Commissioners at the next regularly scheduled Board of Water Commissioners meeting.

[Added 10-17-2017 by Ord. No. 2017-2296]

L. Utilization of City employees. The Board of Water Commissioners, when necessary, may utilize the services of the Director of Public Works, City Engineer, City Attorneys and other officials and employees of the City. All City officials and employees of the City performing services for the Water Utility shall present monthly stats, properly documented, to the Water Utility for approval. The general fund of the City shall be reimbursed by the Water Utility for the cost of such services by City officials and employees. The basis for such service shall be as mutually agreed upon or determined by the City Council.

M. Rules; compliance. The Board of Water Commissioners may make all necessary rules governing its own proceedings and for the governing of the Water Utility, which rules shall not contravene any laws of the state or ordinances of the City. Furthermore, all persons not receiving a water supply from the City Water Utility, or who may hereafter make application therefor, shall be considered as having agreed to be bound by the rules and regulations as filed with the Public Service Commission and the provisions of this section.

N. Report to City Council. The Board of Water Commissioners shall submit to the City Council on or before July 1 of each year and at such other times as may be directed by the Council, an audited financial report prepared by an independent certified public accountant for the preceding year and such other information as may be determined essential to inform the Council of the conditions of the Water Utility.

§ 207-6 Assessments for storm and/or sanitary sewer main.

A. The assessment for storm and/or sanitary sewer mains installed on public property abutting private property shall be based upon the actual frontage of the property, except as provided in Subsection B. The owner or his or her agent or heirs of such property shall be assessed on a unit cost as determined by the Council for each storm and/or sanitary sewer project for each lineal foot of assessable frontage.

B. The assessment for storm and/or sanitary sewer mains installed on public property abutting pie-shaped lots in a recorded subdivision or short frontage lots shall be based upon the actual frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The owner of a property having no frontage, but who can connect to the storm and/or sanitary sewer by obtaining an easement, shall also be assessed on the basis of a minimum 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewer shall be on a basis as determined in Subsection A above.

C. The assessment for storm and/or sanitary sewer mains installed on public property abutting nondivisible single-family or two-family residential lots, whose rear lot line width is less than 75% of the front lot line width, shall be based upon an assessment frontage which equals the average of the front lot line width and the rear lot line width, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewer mains shall be on a basis as determined in Subsection A above.

D. The assessment for storm and/or sanitary sewer mains installed on public property abutting both sides of nondivisible single-family or two-family residential corner lots shall be based upon the actual short side frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the storm and/or sanitary sewers shall be as determined in Subsection A above.

E. The assessment for storm and/or sanitary sewers installed on public property abutting both sides of divisible single-family or two-family residential lots or lots other than single-family or two-family corner lots shall be based upon the actual short side frontage of such lots, plus that portion of the actual long side frontage of such lots in excess of 150 feet. The unit front foot cost of the storm and/or sanitary sewers shall be as determined in Subsection A above.

F. In addition to the method of assessing a storm and/or sanitary sewer project on the basis of unit cost per lineal feet of assessable frontage, the Council may at its discretion assess a storm and/or sanitary sewer project on the basis of an area assessment or a combination of an area assessment and a front foot assessment.

§ 207-7 Special assessments for lift stations, force mains and appurtenances.

A. When lift stations, force mains and appurtenances are to be installed to service an area which cannot be served by gravity-type sanitary sewer mains, the cost of such lift stations, force mains and appurtenances shall be apportioned between the property benefited by such installation on a unit basis. For purposes of this section, a "unit" shall be defined as a single-family unit, apartment or condominium. If the lands are undeveloped, the engineer shall determine how many units can be created on the basis of the zoning in existence at the time such installation is to be installed. He or she shall further use information acquired from any proposed subdivisions or planned unit developments that have been submitted for approval for the area in question to arrive at the total number of units to determine the unit cost of assessment for such special assessment.

B. The Council may at its discretion use other methods of special assessments to assess the costs of any lift station, force main and appurtenance to the area or other unusual installations to the property receiving the benefits of such installations. Such method of special assessments shall be set forth at the public hearing for the public improvements required by law.

§ 207-8 Assessment for sanitary sewer lateral.

The assessment for sanitary sewer laterals installed from the main sewer to the private property line shall be based upon an accepted contract bid price quotation plus 16% for administrative, engineering and inspection fees. The owner or his or her agent or heirs of such property shall be assessed a lump sum for each lateral installed.

§ 207-9 Connection fee.

A. All existing buildings and all buildings hereafter erected connecting to the sanitary sewer system of the City, except as set forth under § 207-27B of this Code pertaining to sanitary sewer extensions in the Southwest Sanitary Sewer Service Area served by the Ryan Creek Interceptor public sanitary sewer, shall pay at the time application is made for sewer connection a connection fee as follows:

[Amended 5-21-2013 by Ord. No. 2013-2105]

(1) For all single-family dwellings, a minimum charge of $600.

(2) For multifamily dwellings, an initial charge of $600 for one living unit in a multifamily dwelling and an additional $300 for each additional living unit erected in the same multifamily dwelling.

(3) All commercial buildings, manufacturing buildings, industrial buildings, schools, churches or any other structure for which a request for connection shall be made shall pay a minimum fee of $600 for such connection. If such structure shall have a water main connection thereto greater than one inch in diameter, an additional fee of $180 for each 1/4 inch of diameter greater than one inch shall be charged. If no water connection is made, the Council shall determine the connection charge based on anticipated water use.

B. Applications. All applications for sewer connection shall be made to the Building Inspector by the owner or his or her authorized representative. Upon the filing of such application and the payment of the fee as herein set forth, such applicant shall be connected with the City sewer main.

C. Funds. All funds received in payment of such connection fee shall be segregated by the City Treasurer and shall be used to defray the costs of installation of sanitary sewer transmission lines and additions to the sanitary sewer system.

D. Penalty. Any person failing to obtain such sanitary sewer connection permit and pay the appropriate connection fee as provided above shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19, and/or such unpaid connection shall be placed upon the municipal tax rolls for collection.

§ 207-10 Water utility.

A. Boundary. The immediate service area for the Water Utility shall be the Franklin Industrial Park.

B. Operation and control. The operation and control of the Water Utility shall be under the Director of Public Works, including billing.

C. Billing and collection.

(1) Billing shall be made quarterly and shall become due and payable 10 days from the date of billing. A penalty of 3% will be added to each bill if not paid within 10 days from the date of billing. A written notice will be sent to the customer if the bill is not paid within the 20 days of original billing, advising the customer that the bill is delinquent and, if not paid within five days, the service will be discontinued without further notice. An additional charge of $5 will be made for restoring the service.

(2) All bills shall be paid to the City Treasurer, and such collections shall be deposited into a City account and credited to a Water Utility cash account. The provision of a status report with regard to municipal water, sewer and public fire protection charges against a property shall be accompanied by a fee payment of $5 for the provision of each such report per property billing to defray the municipal costs of providing same.

[Amended 12-17-2002 by Ord. No. 2002-1737; 6-5-2018 by Ord. No. 2018-2329]

§ 207-11 Water system; general provisions.

A. Turning on. No water from the City water supply shall be turned on for service into any premises by any person but the Director of Public Works or some person authorized by him or her to perform this service.

B. Application fee. Application to have water turned on shall be made, in writing, to the City Engineer and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter as conditions governing the use of the City water supply by the applicant. A fee of $5 shall be paid for turning on the water.

[Amended 3-5-2002 by Ord. No. 2002-1708]

C. Deposit. A deposit of $25 shall be made with each such application, this sum to be retained by the City to ensure payment of all bills. When service to the applicant is discontinued permanently, this deposit, less any amount still due the City for water service, shall be refunded without interest, provided that where any applicant for water service is the owner of the premises to be served, no such deposit shall be required.

D. Plumbing. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the City, provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this chapter.

E. Service connection; fee. No connections with a water main shall be made without a permit being issued and 24 hours' notice having been given to the Plumbing Inspector. All such connections shall be made and all such work done at the expense of the applicant, who shall also furnish materials necessary for such work; all such connections shall be made under the supervision of the Plumbing Inspector, and no connections shall be covered until the work has been inspected by him or her. Applications for such connections must be made to the City Engineer, and a fee of $5 shall be paid for each connection.

[Amended 3-5-2002 by Ord. No. 2002-1708]

F. Resale. No water shall be resold or distributed by the recipient thereof from the City supply to any premises other than that for which application has been made and the meter installed, except in case of an emergency.

G. Tampering. No person not authorized by the City shall tamper with, alter or injure any part of the City waterworks or supply system or any meter.

§ 207-12 Service pipes.

A. Installation. All service pipes from the mains to the premises served shall be installed by, and at the cost of, the owner of the property to be served or the applicant for the service. Such installation shall be under the inspection of the Plumbing Inspector.

B. Pipes. No service shall be installed unless it conforms to specifications drawn up by the Council and approved thereby, a copy of which specifications shall be kept on file by the City Engineer and shall be open to inspection by any person interested.

[Amended 3-5-2002 by Ord. No. 2002-1708]

C. Repairs. All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The City may, in case of an emergency, repair any service pipes, and if this is done, the cost of such repair work shall be repaid to the City by the owner of the premises served.

D. Excavations. Excavations for installing service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets.

E. Shutoff boxes. Shutoff boxes shall be located at the place determined by the Director of Public Works. Such boxes shall be located so that they are easily accessible and shall be protected from frost.

F. Ownership of water service pipes with a diameter of six inches and larger. All water service pipes with a nominal diameter of six inches and larger approved for construction on or after April 1, 2024, shall be dedicated to the Water Utility in a nonexclusive easement. The Water Utility shall have responsibility for doing the services work for all routine and emergency maintenance or replacement of water pipes, fittings, valves, hydrants and other water appurtenances only, which services work shall be performed by the City and/or the City's and/or the Water Utility's contractor(s), all of the costs for which shall be charged by the Water Utility and shall be the responsibility of and charged to the underlying owner(s) of the lands containing the easement. Costs shall be computed with actual City employee wages with benefits, materials used, rental equipment, and contractor invoices, if applicable. Payment for services are due within 30 days of invoice to the grantor and unpaid invoices are subject interest and penalties and past-due balances are also subject to adding to the annual tax bill for the subject parcels.

[Added 4-3-2024 by Ord. No. 2024-2609]

§ 207-13 Meters; rates.

A. Meters required.

(1) All premises using the City water supply must be equipped with an adequate water meter furnished by the consumer and approved by the Director of Public Works, provided that such water service may be supplied by the City at a flat rate of charge until such meter may be installed.

(2) Before any premises are occupied, a water meter shall be installed therein as herein required or application made for such water service at the flat rate of charge until the meter can be installed, or no water shall be furnished such premises.

(3) Premises occupied and receiving water shall install a meter furnished by the City or a meter approved by the City within one month after receiving notification to install said meter. During the interim, the Director of Public Works shall estimate the charges for said water service to such premises, and the consumer will be billed accordingly. If the meter is not installed within two months after notification, the water service may be shut off without further notice.

B. Installation. Meters shall be installed in a location that will be easy of access and have outside readout.

C. Reading meters. The Director of Public Works shall read or cause to be read every water meter used in the City at such times as are necessary that the bills may be sent out at the proper time.

D. Testing meters. Any municipal water meter shall be taken out and tested upon complaint of the consumer, upon payment of a fee of $5. If upon test the meter is not within 3% of being accurate, it shall be repaired or replaced and the five-dollar fee returned to the consumers.

E. Rates. Rates shall be those as prescribed by the Public Service Commission of Wisconsin, as amended from time to time, for the Franklin Water Utility.

[Amended 7-17-2018 by Ord. No. 2018-2337]

F. Construction contractors. During the construction of any building and before any water is installed as is herein provided, the contractor so constructing such building may be permitted to use the City water supply by making application therefor and paying the flat fee prescribed by the Council.

G. Lien.

(1) Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid 60 days after it has been rendered, the Clerk may file with the Register of Deeds for Milwaukee County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the City claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill.

(2) If the consumer of water whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, notice shall be mailed to the owner of the premises, if his or her address is known, to the Clerk whenever such bills remain unpaid for a period of 60 days after it has been rendered.

(3) The failure of the Clerk to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid water bills as mentioned in Subsection H.

H. Foreclosure of lien.

(1) Property subject to a lien for unpaid water charges shall be sold for nonpayment of the same. The proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the City.

(2) The City Attorney is hereby authorized and directed to institute such proceedings in the name of the City in any court having jurisdiction over such matters against any property for which water bills have remained unpaid 60 days after they have been rendered.

§ 207-14 Sewer use and service charges.

A. Purpose. The wastewater of the City is collected and treated in whole or in part by the Milwaukee Metropolitan Sewerage District (the "District"). The purpose of this section is to enable the City to establish and collect from users within the City those charges which represent the proportionate contribution by such users both to the cost of operating and maintaining the system and that part of the cost of past and future capital improvements in the system not defrayed by an ad valorem tax on real property. Such charges are required to enable the District to become and remain eligible for federal grants for wastewater facility capital improvements.

B. Incorporation of District rules and regulations.

(1) The following sections and related appendices of District Rules and Regulations, Chs. 1, 7, 10, 11 and 17, promulgated by the District, as now in effect and as the same may be amended from time to time hereafter are incorporated by reference and shall be of full force and effect as though set forth in their entirety herein:

	Chapter or Section Number	Title
	Ch. 1	Definitions
	Ch. 7	Approval of Sewer Plan
	Ch. 10	Basic Date for Sewer Design
	Ch. 11	Industrial Wastes
	Sec. 17.102	Definitions
	Sec. 17.104(1)	Municipal Transfer of Date
	Sec. 17.104(2)	Estimated Volume of Discharge
	Sec. 17.105(1)	User Transfer of Data
	Sec. 17.105(2)	Discharge Factor Certification
	Sec. 17.105(3)	Waste Strength Certification
	Sec. 17.105(4)	Certification Procedures
	Sec. 17.105(5)	Verification
	Sec. 17.105(6)	Audit Control of User Connections
	Sec. 17.105(7)	Appeal Provision
	Sec. 17.201	Purpose of the User Charge System
	Sec. 17.202	User Charge Billing Basis
	Sec. 17.203	Wholesale User Charge Billing Basis
	Sec. 17.204	Unit Costs of Treatment
	Sec. 17.301	Purpose of the Local Capital Cost Recovery (ICR) System
	Sec. 17.302	LCR Billing Basis
	Sec. 17.303	Wholesale LCR Billing Basis
	Sec. 17.304	Unit Costs of LCR
	Sec. 17.401	Purpose of the Industrial Cost Recovery (ICR) System
	Sec. 17.402	ICR Billing Basis
	Sec. 17.403	Wholesale ICR Billing Basis
	Sec. 17.404	Unit Costs of ICR
	Sec. 17.405	Retail ICR Billing Basis
	Sec. 17.501	Industrial Waste Program Cost Recovery System
	Sec. 17.502	Administrative Program Costs
	Sec. 17.503	Monitoring Program Costs

(2) For purposes hereof, "residential structure," as defined in District Rules and Regulations, Ch. 17, shall mean any building accommodating exclusively one or two residential units.

C. User charges. There is hereby imposed a charge on each user in the City who discharges wastewater, directly or indirectly, into the wastewater system operated by the District. Such charge shall be in the amount specified below for the various classes of users.

(1) Residential users. The residential user charge shall be based on a uniform charge as follows: The uniform charge for each residential unit shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the District to the City), excluding connection charges, by the number of residential units in the City. Individual residential user charges shall be calculated as the user's number of residential structures times the connection charge.

(2) Noncertified commercial users. The retail noncertified commercial user charge shall be based on a volumetric charge as follows: The volumetric charge shall be calculated by dividing the wholesale noncertified commercial user charge (i.e., the charge by the District to the City), excluding connection charges, by the total volume of noncertified commercial water consumption. Individual noncertified commercial user charges shall be calculated by multiplying the user's volume of water consumption times this volumetric charge plus the users number of service connections times the connection charge.

(3) Discharge certified commercial users. Each retail discharge certified commercial user charge shall be equal to each wholesale discharge certified commercial user charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(4) Wastestrength certified commercial users. Each retail wastestrength certified commercial user charge shall be equal to each wholesale wastestrength certified commercial user charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(5) Noncertified industrial users. Each retail noncertified industrial user charge shall be equal to each wholesale noncertified industrial user charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(6) Discharge certified industrial users. Each retail discharge certified industrial user charge shall be equal to each wholesale discharge certified industrial user charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(7) Wastestrength certified industrial users. Each retail wastestrength certified industrial user charge shall be equal to each wholesale wastestrength certified industrial user charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

D. Local capital recovery charges. There is hereby imposed a local capital recovery (LCR) charge on each industrial user in the City whose function is described by the Standard Industrial Classification (SIC) Division D ("LCR user"). The LCR charge shall be in the amount specified below for the various classes of LCR users:

(1) Noncertified industrial users. Each retail noncertified industrial LCR charge shall be equal to each wholesale noncertified industrial LCR charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(2) Discharge certified industrial users. Each retail discharge certified industrial LCR charge shall be equal to each wholesale discharge certified LCR charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(3) Wastestrength certified industrial users. Each retail wastestrength certified industrial LCR charge shall be equal to each wholesale wastestrength certified industrial LCR charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

E. Industrial cost recovery charges. There is hereby imposed an industrial cost recovery (ICR) charge on each ICR user (as defined in District Rules and Regulations, Ch. 17) in the City. The ICR charge shall be in the amount specified below for the various classes of ICR users.

(1) Noncertified industrial users. Each retail noncertified industrial ICR charge shall be equal to each wholesale noncertified industrial ICR charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(2) Discharge certified industrial users. Each retail discharge certified industrial ICR charge shall be equal to each wholesale discharge certified industrial ICR charge submitted to the City pursuant to District Rules and Regulations, Ch. 17.

(3) Wastestrength certified industrial users. Each retail wastestrength certified industrial ICR charge shall be equal to each wholesale wastestrength certified industrial ICR charge submitted to the City pursuant to District Rules and Regulations, Art. VII.

F. Billing.

(1) Bills for user. LCR and ICR charges are rendered quarterly and become due and payable on the first of the month following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total charges. The late payment charge is applicable to all customers.

(2) All bills shall be payable at the office of the City Treasurer, 9229 W. Loomis Rd., Franklin, Wisconsin, 53132.

(3) If a user fails to certify data or a user's certification is materially inaccurate or if there has been a substantial change in data since the date of the user's last certification, the District shall notify the user that the verification data determined by the District pursuant to § 17.105(5) of District Rules and Regulations, Ch. 17, shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new certified statement.

(4) Should inspection or verification by the District reveal that any statement certified by a user is materially inaccurate, the District shall redetermine the proper charge due and forward the new computation to the City in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due, and interest charges shall be applied to each deficiency as provided Subsection F(1) above.

(5) Unpaid user, LCR and ICR charges shall be a lien upon the property served and shall be enforced as provided in § 66.0821(4)(c), Wis. Stats.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(6) Any person who violates, disobeys, omits, neglects or refuses to comply with any action required pursuant to District Rules and Regulations, Ch. 17, shall be subject to a forfeiture of not less than $10 nor more than $200 for each offense, together with the cost of prosecution. Each day that a violation continues to exist shall constitute a separate offense. Such forfeitures are in addition to the user, LCR and ICR charges due the City.

G. Local sewerage charges.

(1) In addition to the charges imposed pursuant to Subsections A through F above with respect to the usage of the wastewater system of the District, the City is also empowered, pursuant to § 66.0821(4)(a), Wis. Stats., to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewer system. Such charges are imposed and governed by Subsection H below. This subsection shall not replace and repeal any other subsection except to the extent of direct conflict therewith.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(2) The local user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement associated with financing the collection system, which the City may, by ordinance, designate to be paid by the local user charge system. That portion of the total local user charge which is designated for operation and maintenance, including replacement of the collection system, shall be established by this subsection.

(3) That portion of the total user charge collected which is designated for operation and maintenance, including replacement purposes as established in Subsection H(3) below, shall be deposited in a separate nonlapsing fund known as the "Local Operation, Maintenance and Replacement Fund," and will be kept in two primary accounts as follows:

(a) An account designated for the specific purpose of defraying operation and maintenance costs, excluding replacement of the collection system (Operation and Maintenance Account).

(b) An account designated for the specific purpose of ensuring replacement needs over the useful life of the collection system (Replacement Account).

(4) Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the local user charge rates for operation, maintenance and replacement. The local user charge rate shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

H. Local operation and maintenance charges.

(1) Definitions. For the purpose of this subsection, the following defined terms shall apply:

INDUSTRIAL WASTES

Those particular liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.

LOCAL OPERATION AND MAINTENANCE COSTS

All costs, direct and indirect, not including debt service but inclusive of expenditures attributable to administration, replacement of equipment and collection of wastewaters, necessary to ensure adequate wastewater collection on a continuing basis which conforms to applicable regulations and assures optimal long-term facility management.

LOCAL USER CHARGE SYSTEM

The system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection facilities.

REPLACEMENT

The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

SEWAGE

The water-carried waste created in and to be conducted away from residences, industrial, commercial and business premises, public buildings (as defined in § 101.01, Wis. Stats.) and other structures and premises.

SEWERAGE SERVICE

The use of land benefit from the sewerage system, including the collection, transportation, pumping, treatment and final disposition of sewage.

SEWERAGE SYSTEM

All street lateral, main and intercepting sewers and structures by which sewage or industrial waste is collected, transported and treated by the Milwaukee Metropolitan Sewerage District. This shall not include plumbing inside or in connection with buildings served or service sewers from a building to the street lateral.

(2) Industrial wastes; deleterious sewage.

(a) No industrial wastes shall be discharged, either directly or indirectly, into the sewerage system without the prior written approval of the Council; no sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the City Engineer to the operation of the sewerage system nor shall any sewage be discharged into the sewerage system the discharge of which into the sewers controlled by the Metropolitan Sewerage District is prohibited by the provisions of Ch. 11 of the Rules of the Milwaukee Metropolitan Sewerage District.

(b) If a user of the sewerage system discharges prohibited sewerage, he or she shall be given written notice to cease the prohibited discharge. If after the 10 days' notice such user continues the prohibited discharge, he or she shall be subject, upon conviction, to a forfeiture of not less than $5, nor more than $50. Each day in which such violation continues to exist shall be deemed a separate violation.

(c) The City Engineer, being guided by the standards adopted in Ch. 11 of the Rules of the Milwaukee Metropolitan Sewerage District, may require the owner, operator or tenant of any industrial plant or other establishment discharging or proposing a discharge of industrial wastes into the sewerage system to provide at such user's expense such preliminary treatment or handling facilities as may be necessary to reduce or to modify the objectionable characteristics or constituents of such industrial wastes or to control the quantity and rate of discharge of such industrial wastes; provided, however, that the Council may direct that industrial wastes be accepted without pretreatment or other handling by the industrial users of the sewerage system and may provide in lieu thereof for any additional cost of the City's acceptance of such untreated sewage.

(d) No person shall transfer septage from septic tanks or holding tanks into any manhole, appurtenance or branches tributary to the City sewer system.

(e) Grease, oil and sand interceptors shall be provided by the industrial discharge and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the discharge shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the City. Any removal and hauling of the collected materials not performed by the discharger's personnel must be performed by currently licensed disposal firms.

(3) Sewerage service charges; rates.

(a) A sewerage service charge is hereby imposed upon each lot, parcel of land, building or premises served by the sewerage system or otherwise discharging sewage, including industrial wastes, into the sewerage system. Such sewerage service charge shall be payable as hereinafter provided and shall be on a family unit basis for residential lots, parcels of land, building or premises and for industrial, business and commercial lots, parcels of land, building or premises shall be based on a percentage of the user charge established by the Milwaukee Metropolitan Sewerage District. This percentage figure shall be calculated with the local sewer system expenses as a numerator and the Milwaukee Metropolitan charges as the denominator. Revenue for sanitary sewer capital improvements is generated and funded entirely through special assessments against benefitting properties.

(b) The City shall review rates and give notice to users as follows:

[1] The City shall review annually the wastewater contribution of its users and readjust as necessary its revenue system to cover actual costs.

[2] The City shall maintain a proportional distribution of its operation, maintenance and replacement costs among the various user classes and shall generate sufficient revenue to pay the total operation, maintenance and replacement.

[3] The users shall be notified annually of the charges attributable to wastewater treatment services and charges attributable to the collection system.

[4] The user charges set forth herein preempt any other agreements inconsistent with the conforming regulations of this program.

[5] Any user who believes to have been adversely affected by an action taken by the City pertaining to cost recovery procedures may file a written appeal with the City Council within 10 days of receipt of written notice of such action. If the appeal relates to charges, payment of the charges shall be a condition precedent to the appeal. The City Council shall review the appeal and render a written decision to the user within 10 days of receipt of the appeal, unless a longer period is stipulated to by the parties. The decision shall be final, subject to further appeal in the manner prescribed by law. The appeal shall clearly set forth the issue sought to be reviewed, the interest of the user and the reasons why the action appealed should be modified. The user may present evidence in support of the allegations made in the appeal.

(4) Surcharge for illegal clear water connections. Any customer of the Franklin sewer system who maintains an illegal clear water connection thereto shall, after a ninety-day notice to disconnect, pay a surcharge of 100% of his or her regular sewer service charge, and such surcharge shall be retroactive to the date of notification. Such surcharge shall be without prejudice to the right of the City to compel disconnection and to charge the cost against the property as a special tax.

(5) Discharge of clear water into sanitary sewer system is prohibited.

(a) The discharge of clear water into the sanitary sewer system is prohibited and is to be eliminated.

(b) The inspection officers of the City are hereby authorized and directed to make such inspections as are necessary to determine where clear water connections or clear water infiltration exists. In making such inspections, they are authorized and directed to obtain special inspection warrants under the provisions of §§ 66.0119 and 66.0119(3), Wis. Stats.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(c) Abatement. Upon determining that a clear water connection, or clear water infiltration exists, City inspection officers are authorized and directed to issue appropriate orders to abate, correct or eliminate such connection or infiltration within a reasonable time, not to exceed 90 days. This order shall be sent to the owner by certified mail, at the address shown on the tax roll. The owner has the right to appeal such order to the City Council within 10 days from the date of mailing. The City Council shall hold a public hearing on such appeal within 10 days from receipt of the appeal. The Council shall have the authority to affirm, modify or reverse the order appealed from. The owner shall have the right to appeal the Council's decision by certiorari. A commenced order shall be final and may be implemented by mandatory injunction or other appropriate legal means.

(6) Billing.

(a) Bills for the local user charge are rendered quarterly and become due and payable on the first of the month following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total charges. The late payment charge is applicable to all customers.

(b) All bills shall be payable at the office of the City Treasurer, 9229 W. Loomis Rd., Franklin, Wisconsin, 53132. The provision of a status report with regard to municipal water, sewer and public fire protection charges against a property shall be accompanied by a fee payment of $5 for the provision of each such report per property billing to defray the municipal costs of providing same.

[Amended 12-17-2002 by Ord. No. 2002-1737]

(c) Where sewerage service is provided for less than a calendar quarter, the charge for such lesser period shall be a portion of the quarterly charge computed as follows: 1/3 of the quarterly charge shall be charged for each calendar month in which service is provided on or after the 16th day of such month. Sewerage service shall be deemed to have been provided on and after the date on which the lateral connection to the sewerage system is finally inspected and approved by the Plumbing Inspector or other officer charged with the responsibility of so doing.

(d) All charges established by or pursuant to this section shall be a lien upon the property served, pursuant to § 66.0821(4)(c), Wis. Stats., and shall be collected in the manner therein provided.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(e) The amounts received from the collection of the charges authorized by this subsection shall be credited to the sanitary sewage account, which shall show all receipts and expenditures of the sewerage system. When appropriated by the Council, the credits to such account shall be available for the payment of the requirements for operation, maintenance, repairs and depreciation of the sewerage system. Any surplus in such account shall be available for the payment of principal and interest of bonds issued and outstanding or which may be issued to provide funds for such sewerage system or part thereof and all or a part of the expenses for additions and improvements and other necessary disbursements or indebtedness, and the Council may, by resolution, pledge such surplus or any part thereof for any such purposes.

§ 207-15 Special assessments.

[Amended 12-15-1998 by Ord. No. 98-1526; 3-5-2002 by Ord. No. 2002-1708; 3-19-2002 by Ord. No. 2002-1710; 9-23-2008 by Ord. No. 2008-1956; 6-3-2014 by Ord. No. 2014-2139; 8-18-2015 by Ord. No. 2015-2184; 6-7-2016 by Ord. No. 2016-2219; 11-15-2016 by Ord. No. 2016-2241; 6-27-2023 by Ord. No. 2023-2541; 4-3-2024 by Ord. No. 2024-2605; 4-2-2025 by Ord. No. 2025-2666]

A. Authority. This section is enacted pursuant to § 66.0701, Wis. Stats.

B. Levy of assessments. The cost of installing or constructing any public work or improvement by the City may be charged under this section in whole or in part to the property benefited by such work or improvement, and the City Council may make an assessment against such benefited property in the manner provided herein.

C. What may be included as cost.

(1) The cost of any work improvement to be paid in whole or in part by special assessment on property may include the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the services of the administrative staff of the City and the cost of any architectural, engineering and legal services, and any other items of direct or indirect cost which may reasonably be attributed to the proposed work or improvement. The amount to be assessed against all property for any such proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the City Council.

(2) The amount assessed against any property for any work or improvement which does not represent an exercise of the police power shall not exceed the value of the benefits accruing to the property therefrom, and for those representing an exercise of the police power, the assessment shall be upon a reasonable basis as determined by the City Council.

D. Engineer's report. Prior to the exercise of any powers conferred by this section, the City Council shall declare by preliminary resolution its intention to exercise such powers for a stated municipal purpose. Such resolution shall describe generally the contemplated purpose, the limits of the proposed assessment district, the number of installments in which the special assessments may be paid or that the number of installments will be determined at the hearing required under Subsection I below, and direct the City Engineer to make a report thereon. Such resolution may limit the proportion of the cost to be assessed.

E. Contents of Engineer's report. The report required by Subsection D above shall consist of:

(1) Preliminary or final plans and specifications.

(2) An estimate of the entire cost of the proposed work or improvement.

(3) An estimate, as to each parcel of property affected, of:

(a) The assessment of benefits to be levied.

(b) The damages to be awarded for property taken or damaged.

(c) The net amount of such benefits over damages or the net amount of such damages over benefits.

(4) A statement that the property against which the assessments are proposed is benefited, where the work or improvement constitutes an exercise of the police power. In such case the estimates required under Subsection E(3) shall be replaced by a schedule of the proposed assessments.

F. A copy of the report when completed shall be filed with the City Clerk for public inspection.

G. The cost of any work or improvement to be paid in whole or in part by special assessment on property may include the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments, a reasonable charge for the services of the administrative staff of the City and the cost of any architectural, engineering and legal services, and any other item of direct or indirect cost which way reasonably be attributed to the proposed work or improvement. The amount to be assessed against all property for any such proposed work or improvement shall be apportioned among the individual parcels:in the manner designated by the City Council.

H. If any property deemed benefited shall by reason of any provision of law be exempt from assessment therefor, such assessment shall be computed and shall be paid by the City.

I. Notice and hearing. Upon the completion and filing of the report required by Subsection D, the City Clerk shall cause notice to be given, stating the nature of the proposed work or improvement, the general boundary lines of the proposed assessment district, including, in the discretion of the City Council, a small map thereof, and the place and time at which all persons interested, or their agents or attorneys, may appear before the Council and be heard concerning the matters contained in the report. Such notice shall be published as a Class 1 notice under Ch. 985, Wis. Stats., in the City. A copy of such notice shall be mailed, at least 10 days before the hearing or proceeding, to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall be not less than 10 and not more than 40 days after publication.

J. Resolution levying assessments. After hearing persons interested in the proposed assessment levy, the City Council may approve, disapprove or modify the proposed assessments or it may refer the report to the Engineer with such direction as it deems necessary to accomplish a fair and equitable assessment. Upon approval of the Engineer's report, the City Council shall adopt a resolution levying the special assessment as finally approved. The resolution shall contain the following:

(1) Confirmation of the Engineer's report.

(2) A determination that the proposed work or improvement constitutes an exercise of the police power, if such is the case.

(3) A determination that the assessments may be paid in annual installments and the number and due date of such installments and the interest thereon pursuant to § 66.0715(3), Wis. Stats.

(4) A statement that the assessments or a portion of the assessments so levied are deferred pursuant to § 66.0715(2), Wis. Stats.

K. Deferment of payment of special assessments.

(1) Upon application to the City Clerk, within 30 days of the date of the special assessment notice, the due date of any special assessment levied under this section may be deferred on such terms and in such manner as prescribed by the City Council in the final resolution.

(2) Such deferment may be approved for the following situations:

(a) Assessments levied for sanitary sewer, water main, storm sewer, street grading and base construction, bituminous surfacing, concrete paving, curb and gutter and sidewalk improvements abutting undeveloped and vacant properties that are 21/2 acres or more in area or have 330 feet or more of frontage served by the improvement.

(b) Properties that are 21/2 acres or more in area and have one residential dwelling so located on the parcel that the dwelling site is an excessive distance from the street or right-of-way in which the improvements are installed or the extension of services to the dwelling is impractical shall, upon determination of the City Council after an investigation and report by the City Engineer, be considered undeveloped and vacant for the purpose of this section.

(c) A deferment of the principal and interest of a special assessment for the installation of water for up to 300 feet of the assessable frontage of a single parcel when the property abuts a transmission line, the property is used for residential purposes, the property has an existing and adequate water supply and until such time as the property owner connects to the water system or 10 years from adoption of the resolution levying the special assessment, whichever is sooner.

(d) A deferment of the principal and interest of a special assessment for the installation of streetlights is hereby authorized only as to lands abutting such improvements which at the time of the levy of such special assessment are zoned single-family or two-family residential under Chapter 15, Zoning, as amended from time to time, and such deferred assessment shall remain deferred until any date upon which the property is rezoned so as to allow for a multifamily residential, business or industrial use.

(e) A deferment of the principal and interest of a special assessment for the installation of sidewalks is hereby authorized only as to lands abutting such improvements which at the time of the levy of such special assessment are zoned single-family or two-family residential under Zoning Ordinance No. 221 of Franklin, Wisconsin, as amended from time to time, and such deferred assessment shall remain deferred until any date upon which the property is rezoned so as to allow for a multifamily residential, business, institutional or industrial use.

(f) A deferment of the principal and interest of a special assessment for sanitary sewer, sanitary sewer laterals, water main and water laterals, for a single property zoned I-1 Institutional District under Chapter 253, Zoning and Subdivision and Platting Regulations (Unified Development Ordinance), as amended from time to time, which property is divided as a result of a public work of improvement for street extension purposes related to such sanitary sewer and water work for which the assessment was made, into two or more parcels through the property fee acquisition by the City for the extension of the public street, until such time as the property is sold, a connection is made to either the sanitary sewer or water main or 10 years from the date of adoption of the resolution levying the special assessment, whichever occurs first.

(g) A deferment of the principal and interest of a special assessment until such time as the subject benefitted property is sold, transferred or otherwise conveyed to a person or entity other than an owner of the property on the date of the adoption of the final resolution levying the special assessment, or thereafter as may be approved by the Common Council to a later next subsequent owner of the benefitted property under circumstances where the number of planned lots to be assessed as of the date of the adoption of the final resolution is subsequently reduced, or the earlier connection of the property to the subject public facility (sewer and/or water), or such earlier specified date or occurrence as may be specified by the Common Council, where the Common Council determines it appropriate and reasonable under the circumstances of a relatively unique public project undertaken for a primary purpose of general benefit to the entire City or a large portion thereof (approximating at least 25% or more of the City area) other than the specific provision of the public facility improvement(s) for the special benefit of the subject property, though which special benefit is nonetheless resultant thereof, provided that the limited and determinable area to be specially assessed for the project is very small (no more than five parcels of record as of the date of the adoption of the preliminary resolution, or consisting of no more than such area of land as may be divided into no more than five parcels in the future under existing zoning and land division ordinances on the date of adoption of the final resolution; neither of the foregoing categories being exclusive) in relation to the area of general benefit to be served.

(h) A deferment of the principal and interest of a special assessment until such time as the subject benefitted property is connected to the subject public water facility, or such earlier specified date or occurrence as may be specified by the Common Council, where the Common Council determines it appropriate and reasonable under the circumstances of a public project undertaken to develop and provide an all-accessible and all-inclusive playground public park of regional (within, but also beyond, City boundaries) public service value, other than the specific provision of the public facility improvement(s) for the special benefit of the subject property, though which special benefit is nonetheless a resultant thereof, provided that the limited and determinable area to be specially assessed for the project is very small (no more than five parcels of record as of the date of the adoption of the preliminary resolution, or consisting of no more than such area of land as may be divided into no more than five parcels in the future under existing zoning and land division ordinances on the date of adoption of the final resolution; neither of the foregoing categories being exclusive) in relation to the area of general benefit to be served.

(i) A deferment of the principal and interest of a special assessment until such time as the subject benefitted property is connected to the subject public water facility or subdivided into two or more parcels, or such earlier specified date or occurrence as may be specified by the Common Council, where the Common Council determines it appropriate and reasonable under the circumstances of a public project undertaken to develop and provide a water tower serving the City of Franklin, other than the specific provision of the public facility improvement(s) for the special benefit of the subject property, though which special benefit is nonetheless a resultant thereof, and where the subject project is being substantially funded by federal and/or state grant(s) funds and not by City funding of the costs, excepting for the remainder amount after the other substantial funding.

(j) Notwithstanding other deferment provisions set forth in this Chapter 207, a deferment of the principal and interest of a special assessment shall be permitted until such time as the subject benefitted property is connected to the subject public water facility, is subdivided into two or more parcels, or such earlier date or event as may be specified by the Common Council, when the Council determines such deferment to be appropriate and reasonable under the following circumstances:

[1] The public water main project is undertaken to serve the City and must be timed in coordination with ongoing state construction within a state trunk highway; and

[2] Proceeding forthwith avoids the need for future intrusion into the newly completed highway and associated reconstruction costs; and

[3] The benefitting properties number 15 or fewer at the time of assessment, of which at least 10 are developed and have existing, adequate water supply.

(3) The City Clerk shall keep a record of all deferred assessments. The annual tax bill for each property subject to a deferred special assessment shall indicate this by inserting the word "Deferred" under the special assessment column and listing the type of improvement by the assessment code on the bill.

(4) Prior to the issuance of any building or plumbing permit, the Building Inspector or the Plumbing Inspector shall refer the application for a permit to the City Clerk and the City Engineer to determine if a deferred assessment is outstanding against the parcel involved.

(5) If assessments are deferred under this subsection, the first installment of that portion deferred shall be due and payable upon and interest at the rate prescribed in the final resolution shall start to accrue from:

(a) The date of the granting of a building permit to build upon any portion of the premises against which a special assessment is outstanding.

(b) The date of the granting of a permit for connection of any portion of such premises to the City's sanitary sewer, storm sewer or water mains.

(c) The date of the approval by the City Council of a final plat or certified survey map of any portion of the premises against which a special assessment is outstanding.

(d) The date that the premises against which a special assessment is outstanding is put to any use other than an agricultural one. The first installment, if not paid on the due date, shall be entered on the property tax bill for the year in which a permit was granted or plat or certified survey map was approved. The remaining annual installments shall be entered on the annual property tax bill and be due and payable each year thereafter with the property taxes, unless otherwise provided in the resolution.

(e) Notwithstanding Subsection K(5)(a) through (d), upon the conveyance by gift from the owner of property subject to a deferred special assessment of only a portion of the premises to a not-for-profit entity for development of the portion thereof for public purposes and recreational or educational facilities available to the public, only that portion of the deferred assessment allocable to the portion of the premises conveyed for public purposes, upon the method of assessment used to levy the total assessment against the entire parcel as compared to the total deferred assessment, shall become due and payable, and the remaining balance of the deferred assessment shall remain unaffected by those occurrences set forth in Subsection K(5)(a) through (d) arising from such conveyance.

(6) If the property against which the special assessments are levied is subdivided, the City Council may, prior to approval of the final plat or certified survey map, determine that portion of the assessment for which the subdivided parcel or parcels is liable and adopt a resolution amending the Engineer's report as confirmed to reflect such determination.

L. Publication of resolution. The resolution levying the special assessments pursuant hereto shall be published by the City Clerk as a Class 1 notice under Ch. 985, Wis. Stats., in the assessment district, and a copy of such resolution shall be mailed to every interested person whose post office address is known or can be ascertained with reasonable diligence.

M. Appeal. Any person against whose land a special assessment is levied under this section may appeal therefrom in the manner prescribed in § 66.0703(12), Wis. Stats. within 40 days of the date of mailing the resolution pursuant to Subsection J.

N. Special charges. Special charges for current services rendered may be imposed by the City Council pursuant to § 66.0627, Wis. Stats.

O. Waivers. The City Council may, without any notice or hearing hereunder, levy and assess the whole or any part of the cost of any municipal work or improvement as a special assessment upon the property benefited thereby whenever notice and hearing thereon is, in writing, waived by all the owners of property affected by such special assessment.

P. Other authority retained. It is not intended by the enactment of this section to deprive the City Council of any power conferred by §§ 66.53 through 66.698, Wis. Stats.,[1] but any limitations contained therein and any procedures prescribed therein for the levy of special assessments or special charges shall not apply to the exercise of the special assessment authority contained in this section.

[1] Editor's Note: Chapter 66, Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150. See the Conversion Table for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.

Q. Service fee on public improvements or work subject to special assessment.

(1) Fee imposed. There is hereby imposed upon every public improvement and work subject to special assessment a fee of 1% of the cost of the amount which is assessed for the project to pay for administrative, miscellaneous engineering, clerical and legal services.

(2) Included within borrowing. The 1% service fee shall be included within the amount borrowed to pay for the project, if borrowing is used.

(3) General fund. The amount collected for the one-percent service fee shall be paid into the general fund upon receipt.

R. Maximum assessment rates for sanitary sewer main and water main and contingent deferred maximum assessments.

(1) Upon any special assessment made upon a front foot basis: no assessment for the installation of sanitary sewer main shall exceed $110 per front foot for any single-family or two-family or agriculture zoned property or $135 per front foot for any business, industrial, institutional or multifamily zoned property; no assessment for the installation of water main shall exceed $90 per front foot for any single-family or two-family or agriculture zoned property or $110 per front foot for any business, industrial, institutional or multifamily zoned property. The aforesaid maximum assessment rates shall be adjusted annually, commencing January 1, 2017, by an amount equal to the change in the Engineering News-Record (ENR) Construction Cost Index (CCI) 20-City National Average.

(2) Should the cost of any sanitary sewer main or water main project produce an assessment rate for the standard service main installation which exceeds the applicable aforesaid maximum rate, the cost of such installation in excess of the applicable aforesaid maximum rate shall be paid from the sanitary sewer connection fee fund account established under § 207-9 or the water connection fee fund account established under § 207-22 of this chapter, respectively.

(3) Further, notwithstanding anything to the contrary set forth in Subsection K of this section or § 207-20 or 207-6 of this chapter, should any property be zoned single-family or two-family or agricultural upon the date of adoption of any final resolution imposing and levying special assessments for which the sanitary sewer main and/or water main assessment rate would exceed the applicable maximum assessment rate set forth above, but for the enactment of this subsection: should such property then be denoted upon the Comprehensive Master Plan to be zoned for business, industrial, institutional or multifamily use; or upon the review and recommendation of the City Planning Manager and the determination thereupon by the Common Council that there exists a reasonable likelihood that a single-family or two-family property or agricultural property may be the subject of a rezoning to a business, industrial, institutional or multifamily zoning district, considering the property location, the development of the surrounding area, the availability of or access to arterial or collector streets or necessary public utilities and the actions, if any, of a property owner toward obtaining a rezoning to such use; then the Common Council shall impose and levy a contingent deferred assessment against such property in the amount of the difference between the single-family and two-family property and agricultural property maximum assessment rate and the actual or maximum assessment rate for business, industrial, institutional or multifamily properties within such assessment district, whichever is lower.

(4) Such contingent deferred assessment shall exist for a period of 10 years from the date of passage of the final resolution levying such assessments and shall be due upon any such rezoning passed and adopted by the Common Council within such 10 years, without interest. Should such contingent deferred assessment become due, it shall be payable in a lump sum on or before the next succeeding November 1, and should such assessment remain unpaid after such date, the Clerk shall place the assessment on the next succeeding tax roll.

§ 207-16 Delinquent sewer and water bills.

[Amended 11-3-2014 by Ord. No. 2014-2150]

All sewer and water bills which are delinquent as of November 16 at the time the annual property tax bills are being prepared shall be included on such tax bill along with a service charge equal to 10% of the unpaid bill or bills.

§ 207-17 Private well abandonment and operating permit.

A. To prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells, wells which may serve as conduits for contamination or wells which may be illegally cross-connected to the municipal water system are properly abandoned.

B. Applicability. This section applies to all wells located on premises served by the City Water Utility, the Oak Creek Water Utility or the City of Milwaukee Municipal Water System.

C. Definitions. As used in the section, the following terms shall have the meanings indicated:

MUNICIPAL WATER SYSTEM

A system for the provision to the public of piped water for human consumption when such system has at least 15 service connections or regularly serves at least 25 year-round residents owned or operated by a City, village, county, town, town sanitary district, utility district or public institution or a privately owned water utility serving any of the above.

[Amended 12-15-1998 by Ord. No. 98-1526]

NONCOMPLYING

A well or pump installation which does not comply with the provisions of Ch. NR 112, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.

PUMP INSTALLATION

The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps.

UNSAFE

Well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Chs. NR 109 or 140, Wis. Adm. Code or for which a health advisory has been issued by the Department of Natural Resources.

UNUSED

A well or pump installation which is not in use or does not have a functional pumping system.

WELL

An excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for consumption or other use.

WELL ABANDONMENT

The filling and sealing of a well according to the provisions of Ch. NR 112, Wis. Adm. Code.

D. Abandonment required. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 112, Wis. Adm. Code, by July 1, 1990, or no later than one year from the date of connection to the municipal water system, whichever occurs last, unless a well operation permit has been obtained by the well owner from the City.

E. Well operation permit. The City may grant a permit to a private well owner to operate a well for a period not to exceed five years, provided that the conditions of this section are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this section are met. The City or its agent may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the City Inspection Department. The following conditions must be met for issuance or renewal of a well operation permit:

[Amended 3-5-2002 by Ord. No. 2002-1708]

(1) The well and pump installation meet or are upgraded to meet the requirements of Ch. NR 112, Wis. Adm. Code.

(2) The well construction and pump installation have a history of producing bacteriologically safe water as evidenced by one safe water sample. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves, in writing, the continued use of the well.

(3) There are no cross connections between the well and pump installation and the municipal water system.

(4) The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by the municipal water system.

F. Abandonment procedures.

(1) All wells abandoned under the jurisdiction of this section or rule shall be abandoned according to the procedures and methods of Ch. NR 112, Wis. Adm. Code. All debris, pump, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.

(2) The owner of the well or the owner's agent shall notify the City Inspection Department at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by the City Plumbing Inspector.

[Amended 3-5-2002 by Ord. No. 2002-1708]

(3) An abandonment report form supplied by the Department of Natural Resources shall be submitted by the well owner to the City Inspection Department and the Department of Natural Resources within 10 days of the completion of the well abandonment.

[Amended 3-5-2002 by Ord. No. 2002-1708]

G. Penalties. Any well owner violating any provision of this section shall, upon conviction, be punished as provided in Chapter 1, General Provisions, § 1-19. Each day of violation is a separate offense. If any person fails to comply with this section for more than 10 days after receiving written notice of the violation, the City may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.

[Amended 12-15-1998 by Ord. No. 98-1526]

§ 207-18 Cross connection and backflow prevention.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CROSS CONNECTION

Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Franklin Water System, and the other, water from a private source, water of unknown or questionable safety or steam, gases or chemicals, whereby there might be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.

B. That no person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City of Franklin Water Utility may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the City of Franklin Water Utility and by the Wisconsin Department of Natural Resources in accordance with Section NR 811.09, Wisconsin Administrative Code.

C. It shall be the duty of the Franklin Water Utility to cause inspections to be made of all properties served by the public water system where cross connection with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be established and enforced by the Franklin Water Utility.

D. Upon presentation of credentials, a representative of the Franklin Water Utility may request entry at any reasonable time to examine any property served by a connection to the public water system of the City of Franklin for cross connections. If entry is refused, such representative may obtain a special inspection warrant under § 66.0119, Wis. Stats. Upon request by a representative of the Franklin Water Utility, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property if such information is know to such owner, lessee or occupant.

[Amended 3-5-2002 by Ord. No. 2002-1708]

E. The Franklin Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger or contamination of the public water system. Water may be discontinued only after reasonable notice and opportunity for a hearing pursuant to the provisions of Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this section.

F. If it is determined by the Franklin Water Utility that a cross connection or any emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed by the Superintendent to the Utilities Manager and delivered to the customers' premises by a representative of the Franklin Water Utility, service may be immediately discontinued. The customers shall have an opportunity for a hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.

G. Any person, firm or corporation violating any provision of this section shall be subject to a forfeiture of not less than $25 nor more than $500; each day of violation shall constitute a separate violation.

H. State laws adopted by reference. The Wisconsin Administrative Plumbing Code, Chapter H62, and the Plumbing Chapter, Ch. 145 of the Wisconsin State Statutes, are hereby accepted by reference and incorporated into this article to the extent and with limitations provided by this section.

I. This section does not supersede the State Plumbing Code or Chapter 190, Plumbing Standards, of this Code, but is supplementary to them.

§ 207-19 Utility districts.

A. Fire protection service districts.

(1) Southwood East Fire Protection Service Districts.

(a) Boundary. Established and defined in the agreement with the City of Oak Creek and any amendments thereto on file in the office of the City Clerk.

(b) Purpose. To define the district which shall be subject to fire protection service charges, to tax all of the property located in such district and to create a fund for the payment of fire protection service charges assessed to such district.

(c) Determination of assessment. The Director of Public Works shall make an annual estimate of the service charges for fire protection service to such district to be included in the annual tax roll.

(d) Special fund. All moneys collected or fire service protection by the Treasurer shall be deposited in a special account set aside for that purpose.

(e) Withdrawals from special fund. The City Council shall approve claims for fire service charges, and payments shall be made by the City Clerk from the special fund.

(2) Rawson Avenue Area Fire Protection Service District; boundary. The limits of the Rawson Avenue Area Fire Protection Service District are as defined in the agreement with the City of Oak Creek, which is on file in the office of the City Clerk. The initial service area shall be limited to the proposed Tumble Creek and Tiftor Heights Subdivisions. The district may be enlarged to include the total Rawson Avenue Service Area by action of the City Council after statutory public hearing from time to time.

§ 207-20 Assessments for water main.

A. The assessment for water mains installed on public property abutting private property shall be based upon the actual frontage of such property, except as provided in Subsections B and G. The owner, his or her agent or heirs of such property shall be assessed on a unit cost as determined by the City Council for each water main project for each lineal foot of assessable frontage.

[Amended 12-15-1998 by Ord. No. 98-1526]

B. The assessment for water mains installed on public property abutting pie-shaped lots in a recorded subdivision or short frontage lots shall be based upon the actual frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The owner of a property having no frontage, but who can connect to the water main by obtaining an easement, shall also be assessed on the basis of a minimum 100 feet of frontage. The unit front foot cost of the water main shall be on a basis as determined in Subsection A above.

C. The assessment for water mains installed on public property abutting nondivisible single-family or two-family residential lots, whose rear lot line width is less than 75% of the front lot line width, shall be based upon an assessment frontage which equals the average of the front lot line width and the rear lot line width, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the water main shall be on a basis as determined in Subsection A above.

D. The assessment for water mains installed on public property abutting both sides of nondivisible single-family or two-family residential corner lots shall be based upon the actual short side frontage of such lots, except that no assessment shall be on a basis of less than 100 feet of frontage. The unit front foot cost of the water main shall be as determined in Subsection A above.

E. The assessment for water mains installed on public property abutting both sides of divisible single-family or two-family residential lots or lots other than single-family or two-family corner lots shall be based upon the actual short side frontage of such lots, plus that portion of the actual long side frontage of such lots in excess of 150 feet. The unit front foot cost of the water main shall be as determined in Subsection A above.

F. A deferment of the principal and interest of a special assessment for the installation of water for up to 300 feet of the assessable frontage of a single parcel when the property abuts a transmission line, the property is used for residential purposes, the property has an existing and adequate water supply and until such time as the property owner connects to the water system or 10 years from adoption of the resolution levying the special assessment, whichever is sooner.

[Amended 12-15-1998 by Ord. No. 98-1526]

G. The Council may use other reasonable methods of special assessments to assess the costs of water main installation. Such other method shall be set forth in the Engineer's report prior to the adoption of any resolution levying assessments.

[Amended 12-15-1998 by Ord. No. 98-1526]

§ 207-21 Assessment for water main lateral.

The assessment for water main laterals installed from the main to the private property line shall be based upon accepted contract bid price quotation plus 16% for administrative, engineering and inspection fees. The owner, his or her agent or heirs of such property shall be assessed a lump sum for each lateral installed.

§ 207-22 Water connection fee.

A. Fee. All existing buildings connecting to the City water system shall pay at the time application is made for water connection a fee as follows:

[Amended 5-7-2002 by Ord. No. 2002-1712]

(1) For all residential dwellings, $1,269 per dwelling unit.

[Amended 2-3-2004 by Ord. No. 2004-1779]

(2) For commercial, manufacturing and industrial and institutional buildings, the fee shall be determined as follows:

(a) The property owner shall submit, on forms provided by the City, information reasonably necessary to estimate the average daily water usage from the nonresidential building, as may be applicable to the building. and including but not limited to the Standard Industrial Classification (SIC) Code designation for the use; a description of the business and products produced or services offered as afforded by the building; a description of the nature and use of and number of square feet of each distinct area of the building; the number of employees by area at full occupancy: the anticipated hours of operation at full capacity; the estimated water usage as computed by the property owner; fixture counts; known or estimated gallons of process water used; and such other information required by the City to reasonably ascertain the expected water usage of the building or buildings.

[Amended 2-3-2004 by Ord. No. 2004-1779]

(b) The estimated average daily water usage shall be determined by the City from the information supplied by the property owner. Such determination may be made upon any reasonable method calculated to accurately ascertain such water usage, including but not limited to gallons per employee hour, gallons per square foot of building space, known or estimated gallons of process water used, and fixture counts. The City shall calculate the number of residential equivalent connections (RECs) for the property by dividing the estimated average water usage per day by 169 gallons and shall calculate and impose an interim connection fee of $1,269 per REC.

[Amended 2-3-2004 by Ord. No. 2004-1779]

(c) Since the connection fee determined under Subsections A(2)(a) and (b) above is based upon estimated intended usage, the City may, anytime within five years of the establishment of a nonresidential account, recalculate the connection fee based upon the highest actual quarterly water usage by a nonresidential account.

[Amended 2-3-2004 by Ord. No. 2004-1779]

(d) In calculating the number of RECs for a nonresidential property, the City shall determine the applicable number of RECs by using one REC or the actual number of RECs determined for the development, whichever is higher. Any fraction of one REC shall be rounded up to the next one-half of one REC.

(3) The connection fee imposed under this section shall be increased annually at a rate of 5%, with the adjustment effective January 1 of each year. The City Director of Administration or designee shall calculate the adjusted fee and maintain a copy of the calculation and the adjusted connection fee in the office of the City Clerk.

B. Centralized water system. The water connection fee shall not be required for existing buildings and future buildings hereafter erected in a subdivision where provisions have been made and accepted by the City Council for a centralized water system.

C. Applications. All applications for water connection shall be made to the Building Inspector by the owner or his or her authorized representative. Upon the filing of such application and the payment of the fee as herein set forth, such applicant shall be connected with the City water main.

D. Funds. All funds received in payment of such connection fee shall be segregated by the City Treasurer and shall be used to defray the costs of installation of water transmission lines and additions to the water supply system.

E. Penalty. Any person failing to obtain such water connection permit and pay the appropriate connection fee as provided in this section shall be subject to a penalty as provided in Chapter 1, General Provision, § 1-19, and/or such unpaid connection fee shall be placed upon the municipal tax rolls for collection.

§ 207-23 Water extension.

A. Application. Whenever a landowner desires to or is required by City ordinance to provide water service to land within the City, such landowner may request the City construct the water transmission and supply facilities in the following manner:

(1) Written application may be made to the City Engineer for a determination of the size and location of facilities which would be required to serve the area in question and such other areas as could reasonably be served by the water facilities.

(2) Within 30 days of the filing of the application, the Engineer shall advise the landowner of any existing plans of the City for the construction of such facilities. If in the opinion of the City Engineer there is no reasonable probability that such facilities will be built within five years of the request, he or she shall so inform the applicant, in writing, within 120 days of receipt of the application.

B. Review of request for advance water extension. If the landowner desires the City undertake the extension of the water facilities in advance of the City's extending such facilities, he or she may make a request to the City Engineer. The Board of Water Commissioners shall review the request and make a recommendation to the City Council for final action. The City Council may, subject to the approval of the Public Service Commission, determine whether to construct the facilities as a public project. The following factors shall be considered in making this determination:

(1) The need to use City or Utility funds, if any, on this project, as compared with other public projects presently authorized or in the planning stage.

(2) The availability of City staff to prepare plans and supervise the construction of such facilities at the present time in light of the existing and future workload.

(3) The probable effect of such construction upon the ability of the Water Utility to support the new area with the necessary services within the established rate structure.

C. Financing cost of construction. The cost of any water facilities shall be financed on the following basis unless otherwise agreed to by the City Council subject to the approval of the Public Service Commission for reasons which are in its opinion unique to the particular project. After review and recommendation by the Board of Water Commissioners, the City Council shall determine whether or not the requested facility would serve an immediate public need of the City in general and whether funds are available for the requested extension.

(1) If the City Council determines there is an immediate public need and funds are available or the proposed project otherwise benefits the City, the City may proceed with the project as a City public works project installed through the process of special assessments as set forth in § 207-15. The City shall pay the oversize cost and any deferments through the water connection fee account.

(2) If the City Council determines that there is no immediate public need or funds are not available, the requesting landowner or developer shall pay the City the cost of the facilities to be constructed. The landowner or developer shall be reimbursed without interest as follows:

[Amended 4-3-2017 by Ord. No. 2017-2264]

(a) The oversize portion of the facilities (over an eight-inch diameter as calculated by the City Engineer) shall be reimbursed to the requesting landowner in five annual equal payments, beginning February 15, after the facilities are placed into operation. Reimbursement shall not include interest. In the event the total project oversize portion reimbursement amount upon project completion is $30,000 or less and City funds are available in the Development or Utility Development Funds, as certified by the Director of Finance and Treasurer, such reimbursement shall be paid within a reasonable amount of time from project completion. Reimbursement shall not include interest.

(b) The nonoversize portion of the facilities shall be reimbursed to the requesting landowner as the amount is recovered by the City from abutting property owners as they connect and receive service. The prorated frontage cost of the nonoversize portion shall be collected from the abutting property owners and returned to the landowner for a period of not more than 10 years from the date the facilities are placed into service. No reimbursement shall be made after the ten-year period. Reimbursement shall not include interest.

[Amended 10-17-2017 by Ord. No. 2017-2298]

(c) As an alternate to Subsection C(1)(b) above, the City Council may special assess abutting property owners for the nonoversize cost. If such determination is made, the requesting landowner shall be required to pay the City the funds deferred for the special assessment as provided in § 207-20D, providing deferments to residential users for water assessments. Reimbursement of the funds deferred shall be made to the landowner when collected. Reimbursement shall not include interest.

D. Items included in cost of construction. The cost of any facilities shall include the cost of all engineering, inspection, legal, fiscal and other work related to the project plus a fee of 1% to defray the administrative and clerical expense of the City.

E. Bond or cash deposit. No facility project shall be awarded unless the requesting landowner deposits with the City Clerk a bond or cash equal to 110% of the bid of the successful bidder plus such amount as shall be required in the opinion of the City Engineer to cover the cost specified in Subsection D above.

F. Other authority retained. Nothing in this section shall deprive the City of the powers conferred by §§ 66.53 through 66.698, Wis. Stats.[1]

[1] Editor's Note: Chapter 66, Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150. See the Conversion Table for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.

§ 207-24 Outdoor water use.

A. The City Council delegates to the Director of Public Works with the approval of the Board of Water Commissioners the authority to promulgate and thereafter amend regulations on the outdoor use of water from the Water Utility as may be necessary to conserve the capacity and pressure of water supply sources for the protection of the public health, safety and welfare.

B. These regulations may apply to the sprinkling of lawns, gardens, shrubs and trees; car washing and filling of swimming pools; installation of new lawns by sodding or seeding; and may designate the days, hours or both when such may be allowed or prohibit such uses completely in periods of emergency.

C. The regulations may make exceptions for newly established lawns in specific areas for the period of irrigation of crops necessary to prevent loss, for commercial car washes that recycle water and for golf courses with an adequate supply of water from their own ponds.

D. Such regulations or changes shall become effective upon their publication as a Class 1 notice in the City newspaper.

§ 207-25 Regulating the operation of valves and hydrants.

A. No person shall operate a valve or hydrant that is a part of the City Water Utility System without authorization of the Utility Manager.

B. Permits for the operation and use of hydrants that are a part of the Utility System shall apply only to such hydrants as are designated for the specific use.

C. Any person who, without authorization from the Utility Manager, operates a valve or hydrant that is part of the Utility system shall be punishable as provided in Chapter 1, General Provisions, § 1-19.

[Amended 12-15-1998 by Ord. No. 98-1526]

§ 207-26 Southwest Sanitary Sewer Service Area served by the Ryan Creek Interceptor public sanitary sewer service extension.

[Added 5-21-2013 by Ord. No. 2013-2105[1]]

A. Application. Whenever a landowner or developer desires to extend sanitary sewer service to land within the Southwest Sanitary Sewer Service Area, such landowner or developer may request the construction of sanitary sewer extension facilities in the following manner:

(1) Written application may be made to the City Engineer for a determination of the size and location of facilities which would be required to serve the area in question and such other areas as could reasonably be served by the sanitary sewer facilities.

(2) Within 30 days of the filing of the application, the Engineer shall advise the landowner or developer of any existing plans of the City for the construction of such facilities.

B. Review of request for advance sanitary sewer extension. If the landowner or developer desires the City undertake the extension of the sanitary sewer facilities in advance of the City's extending such facilities, the landowner or developer may make a request to the City Engineer. The City Engineer shall review the request and make a recommendation to the Common Council. The Common Council may determine whether to allow the construction of the facilities by the landowner or developer or to construct the facilities as a public project. The following factors shall be considered in making this determination:

(1) Whether there is an immediate public need for the sanitary sewer extension project.

(2) Whether the project will primarily provide for the development of vacant lands.

(3) The availability of and need to use City funding on the project, as compared with other projects presently authorized or in the planning stage.

(4) The availability of City staff to prepare plans and supervise the construction of such.

C. Financing cost of construction. The cost of any sanitary sewer facilities shall be financed on the following basis unless otherwise determined by the Common Council for reasons which are in its opinion unique to the particular project. The Common Council shall determine whether or not the requested facility would serve an immediate public need of the City in general and whether funds are available for the requested extension.

(1) If the City Council determines there is an immediate public need and funds are available or the proposed project otherwise benefits the City, the City may proceed with the project as a City public works project installed through the process of special assessments as set forth in § 207-15 of this Code. The City shall pay the oversize cost and any deferments through the Southwest Sanitary Sewer Service Area sanitary sewer connection fee and impact fee accounts.

(2) If the Common Council determines that there is no immediate public need or funds are not available, the requesting landowner or developer shall pay for the cost of the facilities to be constructed. The landowner or developer shall be reimbursed without interest as follows:

(a) The oversize portion of the facilities (an eight-inch-or-more diameter as calculated by the City Engineer based upon estimated flow based upon land use) shall be reimbursed to the requesting landowner or developer in five annual equal payments, beginning February 15, after the facilities are placed into operation. Reimbursement shall not include interest. The actual oversize costs shall be calculated using only the difference in materials costs. In the event the total project oversize portion reimbursement amount upon project completion is $30,000 or less and City funds are available in the Development or Utility Development Funds, as certified by the Director of Finance and Treasurer, such reimbursement shall be paid within a reasonable amount of time from project completion. Reimbursement shall not include interest.

[Amended 4-3-2017 by Ord. No. 2017-2264]

(b) The nonoversize portion of the facilities shall be reimbursed to the requesting landowner or developer as the amount is recovered by the City from abutting property owners as they connect and receive service. The prorated frontage cost of the nonoversize portion shall be collected from the abutting property owners and returned to the landowner or developer for a period of not more than 10 years from the date the facilities are placed into service. No reimbursement shall be made after the ten-year period. Reimbursement shall not include interest.

[Amended 10-17-2017 by Ord. No. 2017-2298]

D. Items included in cost of construction. The cost of any facilities shall include the cost of all engineering, inspection, legal, fiscal and other work related to the project.

E. Bond or cash deposit. No facility project shall be awarded unless the requesting landowner or developer deposits with the City Clerk a bond or cash equal to 110% of the bid of the successful bidder plus such amount as shall be required in the opinion of the City Engineer to cover the cost specified in Subsection D above.

F. Other authority retained. Nothing in this section shall deprive the City of the powers conferred by §§ 66.53 through 66.698, Wis. Stats.[2]

[2] Editor's Note: Chapter 66, Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150. See the Conversion Table for Ch. 66 as set forth in Wisconsin Statutes 1999-2000.

[1] Editor's Note: This ordinance also redesignated former § 207-26 (located in Art. III) as § 207-29.

§ 207-27 Southwest Sanitary Sewer Service Area sanitary sewer service extension connection policy and fees.

[Added 5-21-2013 by Ord. No. 2013-2105]

A. Connection policy. If public sanitary sewer service is extended by the City upon a determination by the Common Council of immediate public need for such service, the provisions of § 207-1A of this Code requiring connection shall apply. If public sanitary sewer service is extended by a property owner or developer upon a determination by the Common Council of no immediate public need for such service, a property supporting an existing structure usable for human habitation within the extension area shall not be required to connect to the service, provided the property is then served by a private on-site wastewater treatment system that conforms with the state plumbing code and all other applicable state and City statutes, codes, ordinances and regulations (to be determined for compliance by the City Building Inspection Department upon review of proof prepared by a person or entity licensed, certified and/or registered in Wisconsin to perform on-site wastewater treatment system testing, of a system inspection which occurred not more than one year prior to the date of public sanitary sewer becoming available, which shall be submitted by the property owner), until such property is redeveloped whereby 50% or more of the building structure(s) served by the system upon the property is/are replaced or remodeled or are expanded by 50% of the floor space area or more. The Common Council shall consider the existence of any failing private on-site wastewater treatment systems upon properties to be served by any extension when deciding upon any determination of immediate public need. Prior to any determination of immediate public need, the Common Council shall survey all of the owners of property in the area to be served by the proposed extension, by written survey delivered by regular United States Mail. The Common Council shall consider the survey results in its determination. One survey shall be provided to and available for return per property. Survey results providing for a majority of properties whose owners are in favor of the sewer extension shall carry great weight in the determination.

B. Connection fees. All existing (upon the effective date of this section on May 31, 2013) buildings in the Southwest Sanitary Sewer Service Area connecting to the sanitary sewer system of the City, shall pay at the time application is made for sewer connection a connection fee as follows:

(1) For all single-family dwellings, a minimum charge of $2,928.

(2) For multifamily buildings, an initial charge of $2,928 for the first unit in a multifamily building and an additional $1,464 for each additional living unit erected in the same multifamily building.

(3) All commercial buildings, manufacturing buildings, industrial buildings, schools, churches or any other structure [not including structures providing multifamily dwelling units, to which Subsection B(2) above shall apply] for which a request for connection shall be made shall pay a minimum fee of $2,928 for such connection.

(a) If such structure shall have a water main connection thereto greater than three-fourths-inch diameter, then the fee shall be determined as follows:

	Meter Size (inches)	Equivalent Meter Factor	Fee per Meter
	5/8	1.00	$2,928
	3/4	1.00	$2,928
	1	2.50	$7,320
	1.25	3.75	$10,980
	1.5	5.00	$14,640
	2	8.00	$23,424
	2.5	12.50	$36,600
	3	15.00	$43,920
	4	25.00	$73,200
	6	50.00	$146,400
	8	80.00	$234,240
	10	120.00	$351,360
	12	160.00	$468,480

(b) If no water connection is made, the Council shall determine the connection charge based on anticipated water use.

C. Private on-site wastewater treatment system installed on or after 10 years before May 5, 2013, in the Southwest Sanitary Sewer Service Area. If a property owner installed on the property a private on-site wastewater treatment system that currently conforms with the state plumbing code and all other applicable state and City statutes, codes, ordinances and regulations (to be determined by the City Building Inspection Department upon review of then-current proof prepared by a person or entity licensed in Wisconsin to perform on-site wastewater treatment system testing, which shall be submitted by the property owner), on or after 10 years before May 5, 2013, and if the property owner provides the City Engineer with information about the type, installation, cost, age and functional performance of the private on-site wastewater treatment system required by the City Engineer to ascertain the compliance of the system to the provisions of this subsection to a reasonable certainty, the City, when the City issues any assessment or connection fees for the extension of public sanitary sewer applicable to the property, shall credit the property owner an amount equal to 10% of the cost of the private on-site wastewater treatment system, less any grants or aids received by the property owner for construction of the private on-site wastewater treatment system, multiplied by the number of years of remaining life of the private on-site wastewater treatment system. The number of years of remaining life of the private on-site wastewater treatment system is equal to 10 minus the number of years that the private on-site wastewater treatment system has been in operation. Such credit amount shall not exceed the total of the principal amount of sewer assessment and connection fees applicable to the property.

§ 207-28 (Reserved)