AN ORDINANCE ESTABLISHING THE WATER UTILITY OF THE PELL LAKE SANITARY DISTRICT NO. 1 OF BLOOMFIELD TOWNSHIP, WALWORTH COUNTY AND ESTABLISHING WATER RATES, RULES AND REGULATIONS CONCERNING THE GOVERNMENT THEREOF AND ALSO CONCERNING GOVERNMENT OF WATER TAKERS, LICENSED PLUMBERS AND OTHERS, AND PENALTIES.

1. The management, operation, and control of the water system for the Pell Lake Sanitary District No. 1, is vested in the Board of Commissioners of said District: all records, minutes and all written proceedings thereof shall be kept by the Pell Lake Sanitary District No. 1 of Bloomfield Township, Walworth County, Wisconsin: and the Treasurer of the District shall keep all the financial records.
2. The Pell Lake Sanitary District No. 1 shall have the power to construct water lines for public use, and shall have the power to lay water pipes in and through the alleys, streets, and public grounds of the Pell Lake Sanitary District No. 1; and generally, to all such work as may be found necessary or convenient in the management of the water system. The Pell Lake Sanitary District No. 1 shall have power by themselves, their officers, agents, and servants to enter upon any land for the purpose of making examination or supervise in the performance of their duties under this ordinance, without liability therefore; and the Pell Lake Sanitary District No. 1 shall have the power to purchase and acquire for the District all real and personal property which may be necessary for construction of the water system, or for any repair, remodeling, or additions thereof.
3. Condemnation of Real Estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgement of the Pell Lake Sanitary District No. 1be necessary to the water system; and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the Pell Lake Sanitary District No. 1 shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the Wisconsin Statutes, and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if Federal Funds are used.
4. Title to Real Estate and Personalty. All property, real, personal and mixed, acquired for the construction of the water system, and all plans, specifications, diagrams, papers, books and records connected therewith said water system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of the said District.

User Rules and Regulations. The rules, regulations and water rates hereinafter set forth shall be considered a part of the contract with every person, company, or corporation who is connected with the water system and every such person, company, or corporation by connection with the water system shall be considered as expressing his or their assent to be bound thereby. Whenever any of said rules and regulations, or such others as the said Pell Lake Sanitary District No. 1 may hereafter adopt are violated, the service shall be shut off from the building or placed of such violation (even though two or more parties are receiving service through the same connection) and shall not be re-established except by order of the Pell Lake Sanitary District No. 1, and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Pell Lake Sanitary District No. 1 may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation the said District furthermore, may declare any payment made for the service by the party or parties committing such violation, to be forfeited, and the same shall thereupon be forfeited. The right is reserved to the Pell Lake Sanitary District No. 1 to change the said rules, regulations, and water rates from time to time as they may deem advisable; and to make special rates and contracts in all proper cases, all subject to the authority of the Wisconsin Public Service Commission.

The following rules and regulations for the government of licensed plumbers, water takes and other, are hereby adopted and established:

1. PLUMBERS

No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the water system without first receiving a license from the State of Wisconsin.

2. USERS

A. Lateral Charges

B. Tap Permits

C. User to Keep in Repair. All users shall keep their own service pipes in good

4. User to Permit Inspection. Every user shall permit the Pell Lake Sanitary District No. 1 or their duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures and the manner in which the water is used, and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.
5. Utility Responsibility. It is expressly stipulated that no claim shall be made against said District or its officers or duly authorized representatives by reason of the breaking, clogging, stoppage, or freezing of any service pipe; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the service at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the water service within any area of the Pell Lake Sanitary District No. 1, the District shall, if practicable, give notice to each and every consumer within said District, of the time when such service will be so shut off.
6. Meters. It shall be the duty of the owner of any premises to provide a location for a water meter, and to maintain such locations and passageway thereto, clean and sanitary and free from any obstruction or any conditions of a hazardous nature. No connection for water meters shall be installed in any location not easily accessible, or which is or may be, unclean, unsanitary, or in any manner unsafe to utility employees in the discharge of their duties.

1. Excavations

1. In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
2. No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations.
3. In refilling the opening, after the service pipes are laid, the earth must be laid in layers of not more than nine inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the Pell Lake Sanitary District No. 1. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.

1. Tapping the Mains

1. No persons, except those having special permission from the Pell Lake Sanitary District No. 1, or persons in their service and approved by them will be permitted, under any circumstances to tap the water mains or distribution pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said District.
2. Pipes should be tapped on the top half of the pipe, and not within six inches (15cm) of the joint, or within 24 inches (60 cm) of another connection.

1. Installation of House Laterals

1. All water lines on private property, whether underground or within a structure, will be installed in accordance with State of Wisconsin Administration Code, Chapter H-62, "Design, Construction, Installation, Supervision and Inspection of Plumbing"; specifically Section H-62.13, "Water Distribution Systems".
2. The building’s water line shall be inspected upon completion of placement of the pipe and before backfilling and, tested before or after backfilling.

1. Water Service Rates

3.07 Mandatory Hook-up

1. The owner of each parcel of land adjacent to a water main on which there exists a building useable for human habitation or in a block through which such system is extended, shall connect to such system within 9 months from date of official notification. Upon failure to do so the Pell Lake Sanitary District No. 1 may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, all pursuant to Section 144.06 Wisconsin Statutes provided, however, that the owner may within thirty (30) days after the completion of the work file a written option with the Pell Lake Sanitary District No. 1 Secretary stating that he cannot pay such amount in one sum and ask that they be levied in not to exceed five (5) equal installments and that the amount shall be so collected with interest at the rate of 7% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to Section 144.06 Wisconsin Statutes.
2. In lieu of the above, the Pell Lake Sanitary District No. 1 at their option may impose a penalty for the period the violation continues, after ten (10) days written notice to any owner failing to make a connection to the water system in an amount of $100 to $1000 per month for each residential unit equivalent for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to Section 144.06 Wisconsin Statutes.
3. This ordinance ordains that the failure to connect to the water system is contrary to the minimum health standards of said District and fails to assure preservation of public health, comfort, and safety of said District.

3.08 Maintenance of Services

3.09 Payment of Bills

1. Failure to Receive Bill No Penalty Exemption. Every responsible care will be exercised in the proper delivery of water bills. Failure to receive a water bill, however, shall not relieve any person of the responsibility for payment of water rates within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.
2. Billing. The property owner is held responsible for all water bills on premises that he owns. All water bills and notices of any nature, relative to the water service, will be addressed to the owner and delivered to the premises referred to on such bill or notice.
3. Penalties. A late payment charge of 1 ½% per month will be added to bills not paid within 20 days of issuance and will be applied to the total unpaid balance including unpaid late payment charges.

3.10 Penalty for Improper Use

1. It shall be unlawful for any person to willfully pollute or otherwise injure any water supplied by the water system.
2. Cross-connections are not permitted between the water utility system and any other source of water as set forth in Wisconsin Administrative Code NR 111.25 and H-62.14 and the Pell Lake Sanitary District No. 1 Ordinance 97-2.
3. All private wells which are unused, unsafe or do not comply with appropriate Wisconsin Administrative Code and the Pell Lake Sanitary District No. 1 Ordinance 97-1 must be abandoned in compliance with Section NR 112.21 of the Code.

11. Damage Recovery

3.12 Penalties

1. Any person who shall violate any of the provisions of this ordinance or rules or regulations of the Pell Lake Sanitary District No. 1 of Bloomfield Township, Walworth County; or who shall connect a service pipe without first having obtained a permit therefore; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall upon conviction thereof forfeit not less than $100 nor more than $1000 and the costs of prosecution. This, however, shall not bar the Pell Lake Sanitary District No. 1 from enforcing the connection duties set out in Section 3.07 for mandatory hookup.

1. Charges are a Lien on Property

All water services, charges and special assessments shall be a lien on a lot, part of a lot, or land on which water services were supplied. All sums which have accrued during the preceding year, and which are unpaid by the first day of October of any year, shall be certified to the Bloomfield Township Clerk to be placed on the tax roll for collection as provided by Section 66.069 (1) of Wisconsin Statutes.

2. Adoption of Other Rules

There is hereby adopted all the rules and regulations of the State Plumbing and State Building Codes and the building rules of the Department of Industry, Labor and Human Relations; and the Department of Natural Resources of the State of Wisconsin, insofar as the same are applicable to the Pell Lake Sanitary District No. 1 of Bloomfield Township, Walworth County, Wisconsin.

3. Severability

If any section, subsection, sentence, clause or phrase of the ordinance is, for any reason, held to be invalid, such decisions shall not affect the validity of the remaining portions of the ordinance. The Pell Lake Sanitary District No. 1 hereby declares that it would have passed this ordinance and section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

Adopted at an open meeting of the Pell Lake Sanitary District No. 1 of Bloomfield Township, Walworth County, Wisconsin, this 9^th day of July, 1998.

Bill Markut, President

ATTESTED:

Eileen Stefanski, Secretary/Treasurer