HomeMy WebLinkAboutChapter 11: Public Utilities City of Edina Public Utilities 1100.03
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
1100.01 Sanitary Sewer and water Utility Established. The City sanitary sewer and water
system shall be operated as a public utility pursuant to M.S. 444.075 from which revenues
will be derived subject to the provisions of this Section and State Law. The sanitary sewer
and water utility shall be part of the Public Works Department and under the direction of
the Engineer.
1100.02 Purpose for Charges. The rates and charges established by this Section are for
the purpose of paying (i) the share allocated to the City by the Metropolitan Waste Control
Commission established by M.S. 473.503 for the operation and maintenance costs of the
metropolitan disposal system and as defined in M.S. 473.121, Subd. 24, and (ii) the
operation, construction, reconstruction, maintenance, repair, enlargement, improvement,
use and administrative expenses of the City sanitary sewer and water system.
1100.03 Sewer and Water Charges.
Subd. 1 Classifications. The Council may classify sanitary sewer services and
water services according to:
A. Land use and density.
B. Areas with water or sanitary sewer services supplied by other cities.
C. City Park Department and Street Department usage.
All classifications shall be as set forth in Section 185 of this Code.
Subd. 2 Rates. The rates for each classification including flat annual charges and
minimum charges shall be as set forth in Section 185 of this Code.
Subd. 3 Industrial User Extra Strength Charges. To pay the costs allocated to the
City each year by the Metropolitan Waste Control Commission that are based upon
the strength of discharge of industrial users receiving waste treatment services
within or served by the City, there is hereby approved, adopted and established, in
addition to the other charges established by this Subsection, a sewer charge upon
each person receiving waste treatment services within or served by the City based
upon strength of industrial waste discharged into the sewer system of the City. The
industrial user extra strength charges sent to the City by the Metropolitan Waste
Control Commission shall be collected from the user which generated the industrial
waste as provided in Subd. 5 of Subsection 1100.04.
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City of Edina Public Utilities 1100.04
Subd. 4 Other Charges. In addition to the charges permitted by this Subsection,
the City may make charges for the following:
A. Shutting off or resuming service at the curb stop if done at the customer's
request, if done to terminate service pursuant to Subd. 3 of Subsection
1100.05 or if done to undertake repairs pursuant to Subd. 2 of Subsection
1100.06. The charge will be in the amount set forth in Section 185 of this
Code.
B. Repairs undertaken by the City pursuant to Subd. 2 of Subsection
1100.06. The charge shall be equal to the cost of the repairs including the
cost of supervision and administration.
C. Replacement or repair of City issued or approved metering devices if
required due to damage or negligence.
1100.04 Meters; Meter Reading; Billing; Payment.
Subd. 1 Meter Required.
A. All permanent service connections to the City water system shall be
metered by a metering device and read-o-matic issued by the City. The
metering device and read-o-matic shall be installed by the owner of the
property in accordance with Section 440 of this Code.
B. The owner of (i) a residential building with more than four dwelling
units or (ii) any residential building which is served by City sanitary sewer
but is not served by City water, shall install and maintain in good working
condition, a meter on the building's water supply for the purpose of
estimating the building's discharge to the sanitary sewer system. The meter
shall be issued by the City, or in the alternative, the owner may install a
sewage metering device approved by the Engineer.
C. The fee for the issuance of a meter shall be as set forth in Section 185 of
this Code.
D. The City may remove any meter at any time for testing, calibration, or
replacement.
Subd. 2 Meter Reading. The City shall cause each meter required by Subd. 1 of
this Subsection to be read once every three months. If the meter cannot be read
when scheduled, the City may estimate the meter reading based upon the actual
water consumption during the corresponding time period in the then immediately
preceding year, or of the then immediately preceding time period for meters
installed less than one year.
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City of Edina Public Utilities 1100.05
Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be:
A. For all uses except single dwelling unit and double dwelling unit
buildings as defined by Section 850 of this Code, the quantity used for
computing the sewer charge shall be equal to either (i) the metered quantity
of water used during each billing period or (ii) the metered discharge to the
sanitary sewer system during each billing period if the building is equipped
with a sewage metering device.
B. For single dwelling unit and double dwelling unit buildings, as
determined by Section 850 of this Code, the metered usage of water as
computed following the meter reading taken in February, March, or April of
each year shall be used to determine the sewer charge for each subsequent
billing period for that year.
C. Buildings which are not connected to the City water system, and which
are not required by Subd. 1 of this Subsection to have a sewage metering
device shall be charged the minimum sewer charge provided by Section 185
of this Code.
D. Metered water services used exclusively for irrigation purposes shall not
be required to pay a sewer charge.
Subd. 4 Basis for Water Charge. The basis for the water charge shall be the
metered usage of water pursuant to Subd. 2 of this Subsection.
Subd. 5 Billing. Following the recording of a meter reading the City shall render
a bill to the owner, lessee, or occupant of the property so metered. The amount of
the bill shall be based upon (i) the metered usage of water or sewer services times
the rates established by Section 185 of this Code, (ii) industrial user extra strength
charges sent to the City by the Metropolitan Waste Control Commission for
collection, (iii) any other charges permitted by this Section.
Subd. 6 Payment, Loss of Discount, Interest. All bills shall be payable at the City
Hall within 21 days of the date rendered. Bills not so paid lose any discount
offered, and the full amount of the bill shall be payable after the said 21 days. Bills
not paid within 30 days of the date rendered shall be charged interest at a rate
equal to the lesser of (i) the highest rate allowed by law, or (ii) two percentage
points in excess of the rate charged by the City on special assessments.
1100.05 Delinquent Accounts, Collection, Termination of Service.
Subd. 1 Notice. If payment is not received within 60 days of the date the bill for
water or sewer services was rendered, the City shall issue a notice to the person
whose name appears on the City's records as being responsible for the account. A
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City of Edina Public Utilities 1100.05
copy of the notice shall also be sent to the owner or manager of the property if
different than the account holder. The name and address of the owner shall be
determined from records maintained by the Assessor or other appropriate records
in the City. The notice shall state that:
A. The City intends to terminate water service (if the property is served by
City water);
B. The reason for the proposed termination of service;
C. The City may certify the delinquent charges to the County for collection
in accordance with Subd. 4 of this Subsection;
D. The City may seek collection of the delinquent charges by any other
remedies; and
E. The time period provided prior to termination of the water service and
prior to certification with the County or before other collection remedies are
begun, for (i) paying the delinquent bill, (ii) requesting an opportunity to
discuss the delinquent bill with a City employee designated by the Manager
and identified in the notice, (iii) requesting a hearing pursuant to Subd. 2 of
this Subsection. The time period provided in the notice shall be not less than
ten days after the date of the notice.
Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this
Subsection provides for the termination of the water service, the person who is
responsible for the delinquent account may file a written appeal with the Clerk. The
appeal must be filed within ten days of the date of said notice. All appeals under
this Subdivision shall be heard by the Council. The hearing shall be held not later
than 30 days after receipt of the appeal. A notice of the date, time, place and
purpose of the hearing by the Council shall be mailed not less than ten days prior
to the hearing to the person who filed the appeal. No action shall be taken by the
City to terminate the service, certify to the County for collection, or exercise other
remedies until the appeal is decided by the Council. After hearing the oral and
written views of the person filing the appeal, other interested persons and City staff,
the Council shall make its decision at the same meeting or at a specified future
meeting.
Subd. 3 Termination of Water Service. The City may proceed to terminate the
water service if:
A. Payment is not received within the time period provided in the notice and
no appeal is received within ten days of the date of the notice; or
B. An appeal is received within ten days of the date of the notice, and the
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City of Edina Public Utilities 1100.06
Council orders termination of the water service following a hearing held
pursuant to Subd. 2 of this Subsection; or
C. No appeal is received but a request to discuss the delinquent bill is
received and a resolution of the delinquent bill is not reached after
discussions between the person responsible for the bill and the designated
City employee identified in the notice.
Subd. 4 Certification of Delinquent Accounts. If payment is not received within
the time period provided in the notice, or if a resolution of the delinquent bill is not
reached, the City may certify the delinquent balance to the County Auditor with
taxes against the property served, for collection as other taxes are collected. Such
certification shall not preclude the City or its agent from recovery of the delinquent
bill using any other available remedy.
Subd. 5 Termination of Service for Two or More Properties. The City may
terminate water service in accordance with this Subsection even if such termination
will affect property in addition to that owned or occupied by the person responsible
for the account. A copy of the notice required by Subd. 1 of this Subsection shall
be sent to the owner of such property that would be affected by the termination of
a water service and said owner shall have the same right to appeal to the Council
and to discuss the bill with the identified City employee as does the person
responsible for the account.
1100.06 Water Main or Service Line Defects.
Subd. 1 Water Main Defects. When defects in the City owned water system
causes substantial water loss, any water service may be temporarily discontinued
until repairs are made.
Subd. 2 Service Line Defects. If a service line is defective between the curb stop
and the meter, the property owner shall make necessary repairs within five days
after notification by the City. If repairs are not undertaken within five days, the
City may discontinue service and make the necessary repairs.
History.Ord 1101 codified 1970,amended by 1101 Al 12-23-71, 1101 A210-4-73, 1101 A3 5-9-
74, 1101-A4 1-14-76, 1101-A5 8-11-76, 1101-A6 11-3-76, 1101-A7 6-28-76� 1101-A8 7-16-80,
1101-A9 8-13-90, 1101 A10 3-12-86, 1101 All 11-12-86
Reference: M.S. 444.075, 412.321, 473.121, 473.501 et seq.
Cross Reference. Sections 185, 440, 850
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City of Edina Public Utilities 1105.02
Section 1105 - Sewer and Water Connection Charges
1105.01 Sewer Availability Charge. The Metropolitan Waste Control Commission has
determined to reserve unused capacity in the metropolitan disposal system (as defined in
M.S. 473.121, Subd. 4) for local government units in which new connections will be made
to that system, and to allocate the debt service costs of the unused capacity among the
local government units. For the City to pay such costs allocated to it, the City needs to
establish sewer service availability charges ("SAC") for all connections made directly or
indirectly to the metropolitan disposal system.
Subd. 1 Amount of SAC. The SAC for each building shall be determined by
multiplying the SAC rate as set forth in Section 185 of this Code by the number of
SAC units (rounded up) for the building. The number of SAC units shall be
computed as follows:
A. Each dwelling unit located within a single dwelling unit building, double
dwelling unit building, residential townhouse, apartment or condominium
shall comprise one SAC unit, or a lesser amount as determined by the
Metropolitan Waste Control Commission.
B. Each building or structure used for purposes other than uses described in
paragraph A. of this Subdivision shall comprise the greater of:
1. One SAC unit, or
2. One SAC unit for each 274 gallons of daily flow which the
Building Official estimates will be discharged from the building or
structure to the sewer system. For purposes hereof, a partial SAC unit
will be calculated on a pro rata basis based upon the estimated
discharge in excess of 274 gallons.
C. The Building Official may request that the Metropolitan Waste Control
Commission assist in the determination of the number of SAC units for a
particular building or structure.
Subd. 2 Payment of SAC. The payment of the SAC shall be made prior to the
issuance of a building permit for a new building or structure and prior to the
issuance of a permit for the connection of any existing building or structure to the
City sewer system.
Subd. 3 Reports. The Building Official shall make reports to the Metropolitan
Waste Control Commission upon request regarding the collection of SAC.
1105.02 City Sewer and Water Connection Charges. Except as provided by Subd. 4 of this
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City of Edina Public Utilities 1105.02
Subsection, a connection charge shall be made for each connection made or required to the
made to the City water system or City sewer system. In determining the amount of the
charge, the Council may consider all costs of the construction, reconstruction,
establishment, operation, maintenance, repair, depreciation, and replacement of the City
water system or sewer system, and of improvements, enlargements, and extensions
necessary to serve the City adequately, including the principal and interest to become due
on obligations issued or to be issued therefor.
Subd. 1 Amount of Connection Charge. The connection charge for connection to
the City water system and the connection charge for connection to the City sewer
system shall be set forth in Section 185 of this Code.
Subd. 2 Connections Waived. A connection charge shall also be made for
connections required to be made to the City water system or sewer system even if
the connection itself is waived by the City pursuant to Section 445.05 of this Code.
Subd. 3 Payment.
A. The payment of the connection charge shall be made prior to the issuance
of a building permit for a new building or structure and prior to the issuance
of a permit for the connection of an existing building or structure to the City
water or sewer system.
B. The owner of the property to be connected to the City water or sewer
system may request the Council to make the connection charges required by
this Subsection to be payable in installments. The Council may by resolution
provide that the connection charges be spread over a term of up to six years.
The amount unpaid from time to time shall bear interest at the rate charged
by the City on special assessments at the time the connection charges were
payable. The amount of the connection charges so spread shall be certified
to the County Auditor for collection with interest in the same manner as
other special assessments and shall become alien upon the property until
paid.
Subd. 4 Exceptions. Connection charges for connections to the City water or
sewer systems pursuant to this Subsection shall not be required for the following:
A. Connections to City water or sewer system made pursuant to a fully
approved and executed Developer's Agreement required by Subsection 810.12
of this Code.
B. Connections to water mains or sanitary sewer mains owned by
jurisdictions other than the City.
C. Connections to the City water system by properties against which a
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City of Edina Public Utilities 1105.02
special assessment for a lateral water main was levied based upon the use
now proposed for connection.
D. Connections to the City sewer system by properties against which a
special assessment for a lateral sanitary sewer main was levied based upon
the use now proposed for connection.
History. Ord 1102 adopted 12-21-72; amended by 1102 AI 8-30-89
Reference. M.S. 473.501 et seq.; 473.519; 444.075
Cross Reference. Section 185; Subsections 445.05, 810.12
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City of Edina Public Utilities 1110.04
Section 1110 - Storm Water Drainage Utility; Charges
1110.01 Storm Water Drainage Utility Established. The municipal storm sewer system
shall be operated as a public utility pursuant to M.S. 444.075 from which revenues will be
derived subject to the provisions of this Section and State Law. The storm water drainage
utility will be part of the Public Works Department and under the administration of the
Engineer.
1110.02 Definitions. Unless the context clearly indicates otherwise, the following words
or phrases have the meanings given in this Subdivision.
A. Lot. The basic development unit for purposes of Section 850 of this Code. A
lot may consist of one parcel or two or more adjoining parcels under single
ownership or control and used for a principal use permitted by this Code.
B. Residential Equivalent Factor, (REF). One REF is defined as the ratio of the
average volume of runoff generated by one acre of a land use to the average volume
of runoff generated by one acre of typical single family residential land, during a
standard one year rainfall event, all as determined by the Engineer.
1110.03 Storm Water Drainage Charges.
Subd. 1 Lots other than Single Dwelling Unit and Double Dwelling Unit Lots.
Storm water drainage charges for a lot except those used for single dwelling unit
and double dwelling unit purposes shall be determined by multiplying the REF for
the lot as set out in Subd. 1 of Subsection 1110.04 by the lot's area as measured in
acres and then multiplying the resulting product by the REF rate established by
Section 185 of this Code.
Subd. 2 Single Dwelling Unit and Double Dwelling Unit Lots. The storm water
drainage charges for lots occupied by single dwelling unit and double dwelling unit
buildings shall be as set forth in Section 185 of this Code. The fee pursuant to this
Subd. 2 shall be .37 times the REF rate established by Subd. 1 of this Subsection.
1110.04 REF
Subd. 1 REF Established. The REF for each land use is as follows:
Single and Double Family 1.00
Residential uses except single 3.00
dwelling unit and double dwelling
unit buildings
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City of Edina Public Utilities 1110.06
Commercial/Institutional 5.00
Schools in the R-1 District 1.25
pursuant to Section 850
of this Code
Churches 3.00
Parks .25
Golf Courses .25
Cemeteries .25
Industrial 5.00
Subd. 2 Adjustments to REF. The Council may adopt policies recommended by
the Engineer for adjustment of the REF for lots based upon hydrologic data to be
supplied by property owners, which data demonstrates a hydrologic response
substantially different from the standards used by City to establish the REF.
Adjustments to a REF shall not retroactively reduce storm water drainage charges.
1110.05 Billing and Payment. Storm water drainage charges shall be computed and billed
every three months and included as a charge on bills issued by the City for water or sewer
services pursuant to Section 1100 of this Code. If the lot subject to the storm water
drainage charge is not served by City water or sewer, a separate bill shall issued every
three months for the storm sewer drainage charge. All provisions for the billing, payment,
notice, and collection of delinquent accounts pursuant to Subsections 1100.04 and 1100.05
shall apply to charges made pursuant to this Section.
1110.06 Exemptions. The following land uses are exempt from storm water drainage fees.
A. Public rights-of-way.
B. Vacant, unimproved land.
History. Ord 1105 adopted 9-28-88
Reference. M.S. 444.075
Cross Reference. Sections 185, 1100; Subsections 1100.04, 1100.05
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City of Edina Public Utilities 1115.03
Section 1115 - Water Emergencies and Irrigation Bans
1115.01 Water Emergency. Whenever necessary to meet a water shortage, the Manager
may declare a water emergency and promulgate reasonable rules and regulations for the
use of water.
1115.02 Irrigation Ban. During the period from May 1 to September 1 of each year, City
water may be used for irrigation subject to the following:
Subd. 1 Even Numbered Addresses. All properties with an address ending with
an even digit may use city water for irrigation purposes on even-numbered dates
only.
Subd. 2 Odd Numbered Addresses. All properties with an address ending with
an odd digit may use city water for irrigation purposes on odd-numbered dates only.
Subd. 3 Private Wells Exempt. The requirements of Subd. 1 and Subd. 2 of this
Subsection shall not apply to irrigation with privately owned wells.
1115.03 Penalty. Any violation of this Section shall be a petty misdemeanor.
History: Ord 1111 codified 1970;amended by 1111-Al 9-13-73, 1111-A2 5-9-74, 1111-A3 7-28-
76, 1111-A4 11-3-76, 1111-A5 3-9-77, 1111-A6 6-11-80, 1111-A7 7-16-80, 1111-A8 8-12-81,
1111-A9 3-12-86, 1111 A1011-12-86
References. M.S. 444.075
Cross Reference. Sections 185, 850
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