1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 5: Public Utilities

 

Chapter 1: Municipal Utilities

 

Sec. 5-1-1 Operation of Utilities

(a) CITY MANAGER. The Water and Light Plant and the Sewage Disposal Plant, and the Communications Plant shall be operated by the City Manager in lieu of a commission created pursuant to sec. 66.068, Wis. Stats.

(b) RATES, RULES AND REGULATIONS.

(c) OPERATING RULES. All persons now receiving a water, electric, or communications services from the Utility or who may hereafter make application therefor, shall be considered as having agreed to be bound by all applicable orders, rules and regulations as issued by or filed with the Public Service Commission of Wisconsin.

(d) VALIDITY. Should any section, clause or provision of this ordinance be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

(e) CONFLICTING PROVISION REPEALED. All ordinances in conflict with any provision of the ordinance are hereby repealed.

Sec. 5-1-2 Utility Service Beyond the City Limits

(a) WATER SERVICE. Pursuant to Section 66.069(2)(c), Wisc. Stats., the City shall furnish no water service beyond the corporate limits.

(b) Pursuant to Section 66.069(2)(c), Wisc. Stats., the limits within which electrical service shall be provided by the City in unincorporated areas adjacent to such City shall be such areas as requested by the Wisconsin Public Service Corporation and agreed to by the City Manager.

Sec. 5-1-3 Special Assessments for Sewer and Water Mains and Laterals

  Water and sewer main and lateral extensions may be made upon petition of fifty (50%) percent of the abutting property owners or when ordered by the Council. Special assessments to pay the cost thereof shall be levied pursuant to Sect. 66.60, Wisc. Stats.

Sec. 5-1-4 Sewer Service Charges for Premises Against Which Special Assessments Have Not Been Levied

(a) SEWER SERVICE CHARGE. There is hereby established a sewer service charge which shall be levied against all premises now or hereafter serviced by sanitary sewers if such premises were not subjected to a special assessment for such sanitary sewers when the same were installed.

(b) AMOUNT. Such sewer service charge shall be the original special assessment cost of the improvements, plus any indirect costs thereof, including, but not limited to, the City's carrying costs for financing the cost of the improvement. Such annual carrying charge shall be in an amount calculated to increase or decrease according with the Consumer Price Index (CPI).

(c) PAYMENT. Such sewer service charge may be paid in cash, or in equal annual installments upon the same terms provided for payment of special assessments made against other properties in the same year in which laterals are installed to such premises. The first installment payment shall be paid before such premises are connected to the sanitary sewers adjacent to such premises, and subsequent payments shall be due and payable at the same time and manner as real estate taxes and other special assessments are paid.

(d) APPLICATION FOR SERVICE. The owner of any premises against which a sewer service charge is levied pursuant to this section shall make application for municipal sewer service to the City Clerk-Treasurer. Such application shall specify the service desired and shall contain the legal description of the premises to be serviced. The City Clerk-Treasurer shall compute the amount of such service charges and certify the same. Such certification shall be subject to review and final determination by the Council upon application by the property owner. The City Treasurer shall keep an accurate record of the determination and payment of all such service charges and of the premises against which they are levied.

(e) INSTALLMENT PAYMENTS. If the owner of any premises subject to sewer service charges shall request the privilege of paying the same in installments, such owner and spouse, if any, shall execute an agreement for the payment of the same which shall contain the legal description of the premises subject to such service charges, and the same shall be recorded by the City Clerk-Treasurer in the office of the Register of Deeds of Manitowoc County and shall be a lien upon such premises until paid. In default of payment of any installment due pursuant to such agreement, the City shall have the right to disconnect such premises from the municipal sewer systems.

(f) CONNECTION WITHOUT PAYMENT PROHIBITED. No person shall connect any premises against which a sewer service charge is made pursuant to this Section to the municipal sewer systems before such charge is paid or provided for pursuant to this Section.

(g) APPLICATION. This Section shall not apply to charges or assessments for un-remunerated made to property being annexed to the City, which shall be governed by Section 2-7-15 of this Code.

Sec. 5-1-5 Compulsory Sewer and Water Connections

(a) The owners of any buildings used for human habitation and located adjacent to water and sewer main or in a block through which a water or sewer main extends are required to connect the plumbing facilities of such buildings to such water and sewer mains. If any person fails to comply with this Section for more than ten (10) days after notice in writing, he shall be guilty of an offense, and the City may cause such connections to be made and the expense thereof shall be assessed as a special tax against the property pursuant to Section 281.45, Wisc. Stats.

(b) The City Council may extend the time for connection hereunder or grant other temporary relief of where strict enforcement would work an unnecessary hardship without corresponding public or private benefit.

Sec. 5-1-6 Engineer to Keep Sewer Records and Maps

  The City Engineer shall keep a record of all sewer connections and make maps showing the location of same, and position of all house drains, connections, junctions and other data necessary for efficient service.

Sec. 5-1-7 Water Service Charges for Premises Against Which Special Assessments Have Not Been Levied

  Water service charges shall be as established by the Public Service Commission.

Sec. 5-1-8 Water Service Replacement

(a) INTENT AND PURPOSE. The City Council finds that it is in the public interest to establish a comprehensive program for the removal and replacement of pipe water services in use within both the city’s water system and in private systems and, to that end, declares the purposes of this section to be as follows:

(b) Water System Reconstruction

(c) AUTHORITY TO DISCONTINUE SERVICE. As an alternative to any other methods provided for obtaining compliance with the requirements of this Code regarding replacement of illegal private water laterals, the utility may, no sooner than 30 days after the giving of written notice, discontinue water service to such peoperty served by illegal private water lateral after reasonable notice and an opportunity for hearing before the city utility commission under Wis, Stats. Ch. 68.

Chapter 2: Sewer System User Charge System and Industrial Cost Recovery System

 

Sec. 5-2-1 Definitions

(a) APPROVING AUTHORITY shall mean the City Council or its duly-authorized agent or representative shall have jurisdiction over the use and operation of the Wastewater Treatment Plant, the municipal sanitary sewer system discharging into the Wastewater Treatment Plant, and the municipal separate storm sewer system.

(b) BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 degrees Celsius, expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in "Standard Methods."

(c) BUILDING DRAIN shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

(d) BUILDING SEWER shall mean the extension from the building drain to the public sewer or other place of disposal (also called the house connection). The Building Sewer begins immediately outside of the foundation wall of any building or structure being served, and ends at its connection to the public sewer.

(e) CATEGORY A shall be those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 160 mg/l, suspended solids no greater than 200 mg/l, and phosphorus no greater than 7 mg/l.

(f) CATEGORY B shall be those sanitary sewer users who discharge wastewater with concentrations in excess of 160 mg/l of BOD, 200 mg/l suspended solids, and 7 mg/l of phosphorus. Users whose wastewater exceeds the concentration for any one of these parameters shall be Category B.

(g) CHLORINE REQUIREMENT shall mean the amount of chlorine, in mg/l, which must be added to sewage to produce a residual chlorine as specified in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.

(h) COMBINED SEWERAGE shall mean a combination of both wastewater and storm or surface water.

(i) COMBINED SEWER shall mean a sewer intended to receive both wastewater and storm or surface water.

(j) COMPATIBLE POLLUTANTS shall mean BOD, suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus addition pollutants identified in the Municipality's WPDES permit for its wastewater treatment facility; provided that such facility is design to treat such additional pollutants and, in fact, does remove such pollutants to a substantial degree.

(k) DEPRECIATION shall mean an annual operating cost reflecting capital consumption and obsolescence (reduction or future service potential) of the treatment works.

(l) EASEMENT shall mean an acquired legal right for the specified use of land owned by others.

(m) FECAL COLIFORM shall mean any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewerage and/or storm water is an indicator of pollution.

(n) FLOATABLE OIL is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall by considered free of float able oil if it is properly pre-treated and the wastewater does not interfere with the collection system

(o) GROUND GARBAGE shall mean the residue from the preparation, cooking, dispensing, handling, storage, and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half (½) inch in any dimension.

(p) INCOMPATIBLE POLLUTANTS shall mean wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities.

(q) INDUSTRIAL COST RECOVERY shall mean recovery from industrial users of a treatment works of the great amount allocable to treatment of wastes from such users pursuant to 204(b) of PL 92-500 and the Federal Register, Vol. 39, No.29, dated Monday, February 11, 1974, Part 35.928(1) and (2).

(r) INFILTRATION shall mean the water entering a sewer system, including building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.

(s) INFILTRATION/INFLOW shall mean the total quantity of water from both infiltration and inflow without distinguishing the source.

(t) INFLOW shall mean the water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished form, infiltration.

(u) INDUSTRIAL WASTES shall mean any solid, liquid, or gaseous substance discharged or escaping from any industrial, manufacturing, or commercial establishment. Such term includes any wastewater which is not sanitary sewage.

(v) MUNICIPALITY shall mean the City of Two Rivers.

(w) NATURAL OUTLET shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

(x) NITROGEN shall mean Kjeldahl nitrogen which is the sum of organic nitrogen and ammonia nitrogen.

(y) NORMAL DOMESTIC STRENGTH WASTEWATER shall mean wastewater with concentrations of BOD no greater than 160 mg/l, suspended solids no greater than 200 mg/l, and phosphorus no greater than 7 mg/l.

(z) OPERATION AND MAINTENANCE COSTS shall include all costs associated with the operation and maintenance of the wastewater treatment facilities, including administration and replacement costs, all as determined from time to time by the Municipality.

(aa) PERSON shall mean any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

(bb) pH shall mean the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10(-7).

(cc) PARTS PER MILLION shall mean a weight-to-weight ratio, the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water

(dd) PRETREATMENT shall mean the treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.

(ee) PHOSPHORUS shall mean total phosphorus and is expressed in mg/l of P (phosphorus).

(ff) PRIVATE SEWER shall mean a sanitary sewer lateral, storm sewer lateral, or other private sewer that connects a building or parcel to the public sewer, including all portions of a lateral or other private sewer located within a public street right-of-way or public sewer easement.

(gg) PUBLIC SEWER shall mean any publicly-owned sewer, storm drain, sanitary sewer, or combined sewer and shall consist of the following increments:

(hh) REPLACEMENT COSTS shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.

(ii) SANITARY SEWAGE shall mean a combination of liquid and water carried wastes discharged from residences, commercial buildings, industrial plants and institutions, including polluted cooling water.

(jj) SANITARY SEWER shall mean a sewer that carries sewage or wastewater.

(kk) SEWAGE is the spent water of a person or community. The preferred term is "wastewater".

(ll) SEWER shall mean a pipe or conduit that carries wastewater or drainage water.

(mm)   SEWER SERVICE CHARGE is a charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs, and other expenses or obligations of said facilities.

(nn) "SHALL" is mandatory; "MAY" is permissible.

(oo) SLUG shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation, and/or adversely affects the collection system and/or performance of the wastewater treatment facility.

(pp) STANDARD METHODS shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

(qq) STORM SEWER OR DRAIN shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

(rr) SUSPENDED SOLIDS shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", and referred to as nonfilterable residue.

(ss) TOTAL SOLIDS shall mean the sum of suspended and dissolved solids.

(tt) TOXIC AMOUNT shall mean concentrations of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects, such as cancer, genetic mutations and physiological manifestations as specified and defined by standards issued by the United States Environmental Protection Agency and/or the Wisconsin Department of Natural Resources and/or other governmental agencies.

(uu) UNPOLLUTED WATER is water quality equal to or better than the effluent of the wastewater treatment facilities or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities.

(vv) WASTEWATER shall mean the spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.

(ww)   WASTEWATER COLLECTION FACILITIES (or wastewater collection system) shall mean the structures and equipment required to collect and carry wastewater.

(xx) WASTEWATER TREATMENT FACILITY shall mean an arrangement of devices and structures for treating wastewater and sludge. Also referred to as wastewater treatment plant.

(yy) WATER WORKS shall mean all facilities for water supply, filtration plant, storage reservoirs, water lines and services and booster stations for obtaining, treating and distributing potable water.

(zz) WATERCOURSE shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

(aaa)   WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT is a document issued by the State of Wisconsin which establishes performance standards, effluent limitations and monitoring requirements for the municipal stormwater system or municipal wastewater treatment facility.

Sec. 5-2-2 Use of Public Sewers

(a) SANITARY SEWERS. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.

(b) STORM SEWERS. Storm water and all other unpolluted water shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Approving Authority and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, on approval of the Approving Authority and other regulatory agencies, to a storm sewer, combined sewer, or natural outlet.

(c) PROHIBITED ACTIONS. No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the authority any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and WPDES permit.

(d) PROHIBITIONS AND LIMITATIONS. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(e) WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT. No person shall cause or permit a discharge into the sanitary sewers or storm sewers that would cause a violation of the Municipality's WPDES permits and any modifications thereof.

(f) SPECIAL ARRANGEMENTS. No statement contained in this chapter shall be construed as prohibiting any special agreement between the Approving Authority and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the Approving Authority without recompense by the person; and further provided that all rates and provisions set forth in this chapter are recognized and adhered to.

(g) NEW CONNECTIONS. New connections to the Approving Authority's public sewer system will be allowed only if there is available capacity in all of the downstream public sewers, stormwater facilities, and wastewater treatment facilities.

Sec. 5-2-3 Control of Industrial Wastes Directed to Public Sewers

(a) SUBMISSION OF BASIC DATA. The Approving Authority may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the Approving Authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the Approving Authority may require that this report be prepared prior to making the connection to the public sewers.

(b) INDUSTRIAL DISCHARGES. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in Sec. 5-2-2, and which in the judgement of the Approving Authority have a deleterious effect upon the wastewater treatment facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the Approving Authority may

(c) CONTROL MANHOLES. Each person discharging industrial wastes into a public sewer shall, at the discretion of the Approving Authority, construct and maintain one or more control manholes or access points to facilitate observation, measurement, and sampling of wastes, including sanitary sewage.

  Control manholes or access facilities shall be located and built in a manner acceptable to the Approving Authority. If measuring and/or sampling devices are to be permanently installed, they shall be of a type acceptable to the Approving Authority.

  Control manholes, access facilities, and related equipment shall be installed by the person discharging the waste, at his expense, and shall be maintained by him so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Approving Authority prior to the beginning of construction.

(d) MEASUREMENT OF FLOW. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water Department or Utility except as noted in Section 5-2-3(e), Metering of Waste.

(e) METERING OF WASTE. Devices for measuring the volume of waste discharged may be required by the Approving Authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the Approving Authority.

(f) WASTE SAMPLING. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the Approving Authority.

  Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished wither manually or by the use of mechanical equipment acceptable to the Approving Authority.

  Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the Approving Authority. Access to sampling locations shall be granted to the Approving Authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

(g) PRETREATMENT. Persons discharging industrial wastes into any public sewer may be required to pre-treat such wastes, if the Approving Authority determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants.

  In that event such person shall provide, at his expense, such pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the sanitary sewers.

(h) GREASE, OIL, AND SAND INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquid wastes containing float able grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Approving Authority, and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) 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 Approving Authority. Disposal of the collected materials performed by owner's(s') personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) rules and regulations.

(i) ANALYSES. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Method" and with the Federal Regulations of 40 CFR 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants," as amended from time to time. Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis subject to approval by the Approving Authority.

  Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the Approving Authority. The Approving Authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges.

(j) SUBMISSION OF INFORMATION. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease and/or sand interceptor facilities shall be submitted for review and approval of the approving Authority prior to the start of their construction if the effluent from such facilities is to be discharge into the public sewers. No construction of such facilities shall commence until said approval has been granted.

Sec. 5-2-4 Basis for Sewer Service Charges

(a) SEWER USERS SERVED BY WATER UTILITY WATER METERS. There is hereby levied and assessed upon each lot, parcel of land, building, or premises having a connection with the wastewater collection system and being served with water solely by the Water Utility, a sewer service charge based, in part, on the quantity of water used, as measured by the Water Utility water meter used upon the premises.

(b) SEWER USERS SERVED BY PRIVATE WELLS. If any person discharging wastewater into the public sanitary sewers procures any part or all of his water from sources other than the Water Utility, all or part of which is discharged into the sanitary sewers, the person shall have water meters installed by the Water Utility at the person's expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the Water Utility and installed under its supervision, all costs being at the expense of the person requiring the meter.

  The Water Utility will charge for each meter a rental charge set by the Water Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.

(c) DEDUCT METERS. If a user feels that a significant amount of metered water does not reach the sanitary sewer, a customer may avail himself of one of the following options:

Sec. 5-2-5 Amount of Sewer Service Charges

(a) SEWER SERVICE CHARGE UNIT COSTS. This unit cost for the sewer service charge are as follows:

(b) CATEGORY A SEWER SERVICE CHARGE. The sewer service charge for Category A sewer users is as follows:

(c) CATEGORY B SEWER SERVICE CHARGE. The sewer service charge for Category B sewer users is as follows:

  The Category B sewer service charge shall be computed in accordance with the formula presented below:

(d) REASSIGNMENT OF SEWER USERS. The Approving Authority will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs or other related information indicate a change of categories is necessary.

(e) OPERATION, MAINTENANCE, REPLACEMENT FUND ACCOUNTS, AND DEBT SERVICE. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in Sec. 5-2-1. All sewer service charge revenues collected for other operation and maintenance expenses and debt services shall also be deposited in a separate and distinct fund.

  All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance, of the wastewater treatment facilities.

(f) DISPOSAL OF SEPTIC TANK SLUDGE AND HOLDING TANK SEWAGE. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained from the Approving Authority. Written application for this permit shall be made to the Approving Authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee of $50.00 per calendar year. The time and place of disposal will be designated by the Approving Authority. The Approving Authority may impose such conditions as it deems necessary on any permit granted.

  Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than One Hundred Thousand Dollars ($100,000) to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.

  All materials disposed of into the treatment system shall be of domestic origin or compatible pollutants only, and the person(s) agrees that the will comply with the provisions of any and all applicable ordinances of the Municipality and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, or other deleterious substances into the public sewers, nor allow any earth, sand, or other solid material to pass into any part of the wastewater treatment facilities.

  Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged as follows:

  The person(s) disposing wastes agrees to indemnify and hold harmless the Municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.

(g) CHARGE FOR TOXIC POLLUTANTS. Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the Municipality's wastewater treatment facility shall pay for such increased costs, as may be determined by the Approving Authority.

Sec. 5-2-6 Billing Practice

(a) CALCULATION OF SEWER SERVICE CHARGES. Sewer service charges shall be computed according to the rates and formula presented in this chapter.

(b) SEWER SERVICE CHARGE BILLING PERIOD. Sewer service charges shall be billed by the Approving Authority to the sewer users on a monthly basis.

(c) PAYMENT OF SEWER SERVICE CHARGES. Those persons billed by the Approving Authority for the sewer service charges shall pay such charges within twenty (20) days after the billing date at the City Hall.

(d) LATE PAYMENT. A charge of not more than one and one-half percent (1.5%) per month will be added to bills not paid within twenty (20) days from date of issuance. This late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges. This charge is applicable to all customers.

(e) PENALTIES. Such sewer service charges levied by the Municipality against the sewer users in accordance with this chapter shall be a debt due to the Municipality and shall be a lien upon the property. If this debt is not paid within thirty (30) days after it shall be due, it may be deemed delinquent and may be placed, together with such penalties as provided by statute, on the next year's tax roll and be collected as other taxes are collected.

  Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

Sec. 5-2-7 Right of Entry, Safety and Identification

(a) RIGHT OF ENTRY. The Approving Authority or other duly authorized agent of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, televising or testing, all in accordance with the provisions in this chapter.

(b) SAFETY. While performing the necessary work on private premises, the Approving Authority or duly authorized agent of the City shall observe all safety rules applicable to the premises, established by the owner or the occupant.

(c) IDENTIFICATION. RIGHT TO ENTER EASEMENTS. The Approving Authority or duly authorized agent of the City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of such easement.

Sec. 5-2-8 Sewer Construction and Connections

(a) WORK AUTHORIZED. No unauthorized person shall uncover, make any connections, with or opening into, use, alter, or disturb sewer or its appurtenances thereof without first obtaining a written permit from the Approving Authority.

(b) COST OF SEWER CONNECTION. All costs and expenses incident to the installation and connection of a lateral or other private sewer to the public sewer shall be borne by the property owner, except to the extent a City policy may provide an exception to a portion of the costs. The original installation of a public sewer, lateral, or other private sewer is paid for by special assessment if work is completed by contractors hired by the City. Reconstruction of a public sewer main is paid for by the City. Repairs and reconstruction of a lateral or other private sewer are paid for by the property owner. Installation of a new lateral or other private sewer to an existing public sewer is paid for by the property owner.

(c) USE OF OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Approving Authority, to meet all requirements for this chapter.

(d) MATERIALS AND METHODS OF CONSTRUCTION. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the City’s building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM, WPCF Manual of Practice No. 9, and Standard Specifications for Sewer and Water Construction in Wisconsin (current edition) shall apply.

(e) BUILDING SEWER GRADE - - SANITARY. Whenever possible, the building sewer for sanitary service shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(f) BACKWATER VALVES - - SANITARY. Backwater valves are required for all sanitary sewer laterals that being installed or replaced. Retrofit of a backwater valve is only required for a building subject to backflow or backwater. The location of the backwater valve must be approved by the Approving Authority and shall be accessible to the property owner for maintaining, repairing, and replacing. Exemptions to this requirement and may be granted by the City upon written request of the property owner.

(g) LATERALS AND PRIVATE SEWERS - - SANITARY.

(h) LATERALS AND PRIVATE SEWERS - - STORM

(i) STORMWATER AND GROUNDWATER DRAINS

  No person shall allow or make connection of roof down spouts, exterior foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.

  All existing downspouts, building sump pump discharges, or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within thirty (30) days of the date of an official written notice from the Approving Authority.

(j) SUMP PUMP DISCHARGE REGULATED.

(k) MINI-STORM SEWERS/STORM SEWER LATERALS

(l) CONFORMANCE TO PLUMBING CODES. The connection of the building sewer into the sanitary sewer or storm sewer shall conform to the requirements of the building and plumbing code, or other applicable riles and regulations of the Municipality or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such sanitary sewer connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Approving Authority before installation.

(m) INSPECTION CONNECTION. The person making a connection to a public sewer shall notify the Approving Authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the Approving Authority.

(n) BARRICADES; RESTORATION. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Approving Authority.

Sec. 5-2-9 Violations and Penalties

(a) PUBLIC NUISANCE. The violation of any provision of Sec. 5-2-1 through Sec. 5-2-4, inclusive, or Sec. 5-2-5(g), or Sec. 5-2-7 or Sec. 5-2-8, hereof, shall constitute a public nuisance as that term is defined in the Municipal Code.

(b) ABATEMENT OF NUISANCE -- NO IMMEDIATE DANGER. If it is determined that public nuisance has been created, or is being maintained, by violation of this chapter (as set forth herein above), but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, with the period of time stated in said notice, abate the nuisance and permanently cease all violations.

(c) ABATEMENT OF NUISANCE -- IMMEDIATE DANGER. If it determined that a public nuisance caused by the violation of this chapter exists, and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the City Manager, City Engineer, and/or the Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant, or person causing, permitting or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

(d) ACCIDENTAL DISCHARGE. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facility and/or receiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the Approving Authority.

(e) PENALTY FOR VIOLATION Any person who violates any provisions of this chapter shall be subject to a penalty as provided in Municipal Code which chapter is, by this reference, made a part hereof as if fully set forth herein.

(f) LIABILITY TO MUNICIPALITY FOR LOSSES. Any person violating any provisions of this chapter shall, in addition to any penalty or fine which may be assessed against him, become liable to the Municipality for any expense, loss, or damage occasioned by reason of such violation which the Municipality may suffer as a result thereof.

Sec. 5-2-10 Appeals

(a) PROCEDURES. Any user, permit application, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the Approving Authority interpreting or implements the provisions of this chapter or in any permit issued herein, may file with the Approving Authority a written request for reconsideration within ten (10) days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The approving Authority shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder in writing within fifteen (15) days of receipt of request. If the ruling on the request for reconsideration made by the Approving Authority is unsatisfactory, the person requesting reconsideration may, within ten (10) days after notification of the action, file a written appeal with the City Council and the City of Two Rivers.

  A fee of $50.00 shall accompany any appeal to the City Council for their ruling. This fee may be refunded if the appeal is sustained in favor of the appellant.

  The written appeal shall be heard by the City Council within thirty (30) days from the date of filing. The City Council shall make a final ruling on the appeal within ten (10) days from the date of the hearing.

Sec. 5-2-11 Validity

(a) SUPERSEDING PREVIOUS ORDINANCES. This Ordinance governing sewer use, industrial wastewater discharges, sewer service charges, and sewer connections and construction shall supersede all previous ordinances of the Municipality.

(b) INVALIDATION CLAUSE. Invalidity of any section, clause, sentence, or provision in the chapter shall not affect the validity of any other section, clause, sentence, or provision of this chapter which can be given effect without such invalid part or parts.

(c) AMENDMENT. The Municipality, through its duly authorized officers, reserves the right to amend this chapter in part or in whole whenever it may deem necessary.

Sec. 5-2-12 Audit, Notification, and Records

(a) BIENNIAL AUDIT. The Municipality shall review, at least every two years, the wastewater contribution to its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the Municipality shall revise the sewer service charge system, if necessary, to accomplish the following:

(b) ANNUAL NOTIFICATION. The Municipality shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses, and debt service costs of the wastewater treatment facilities. The notification shall occur in conjunction with a regular bill.

(c) RECORDS. The Municipality shall maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs, and other information which is necessary to document compliance with 40 CFR 35, Subpart E of the Clean Water Act.

Chapter 3: Cable Communications

 

Sec. 5-3-1 General Provisions

(a) SUBSTANTIVE LEGAL BASE. This chapter is adopted pursuant to authority granted by Section 3, Article II of the Constitution of the State of Wisconsin and any applicable State or federal laws or administrative codes.

(b) SOLICITATION OF PROPOSALS FOR FRANCHISE. Any solicitation of proposals for granting a franchise hereunder by the City shall refer to and incorporate this chapter by reference.

(c) FRANCHISE NON-EXCLUSIVE. Any franchise granted hereunder shall not be exclusive and the City reserves the right to grant a similar franchise to any person at any time.

Sec. 5-3-2 Definitions

  For the purpose of this chapter the following terms, phrases, and words and their derivations shall apply:

(a) BASIC SERVICE means all Subscriber services provided by the Grantee in one (1) or more service tiers, which includes the delivery of local broadcast stations and public, educational and government access channels. Basic Service does not include optional program and satellite service tiers, a la carte services, per channel, per program, or auxiliary services for which a separate charge is made. However, Grantee may include other satellite signals on the Basic Service tier.

(b) CABLE SERVICE means: (A) the transmission to subscribers of (1) video programming, or (2) other programming services; and (B) subscriber interaction, if any, that is required for the selection or use of such video programming or other programming services.

(c) CABLE SYSTEM or SYSTEM pr CABLE TELEVISION SYSTEM means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community.

(d) CITY means the City of Two Rivers, Wisconsin or the area within the territorial limits of the City.

(e) COMPLETED means when sufficient distribution facilities have been placed in use to offer full network service to 100 percent of the inhabitants in the initial area.

(f) COMMENCE OPERATION means when sufficient distribution facilities have been placed in use to offer full network service to at least 25 percent of the inhabitants of the City.

(g) CONTROL or CONTROLLING INTEREST shall mean actual working control or ownership of a System in whatever manner exercised. A rebuttal presumption of the existence of Control or a Controlling Interest shall arise from the ownership, directly or indirectly, by any person or legal entity (except underwriters during the period in which they are offering securities to the public) of twenty-five percent (25%) or more of a Cable System or the Franchise under which the System is operated. A change in the Control or controlling Interest of a legal entity which has Control or a Controlling Interest in a Grantee shall constitute a change in the Control or Controlling Interest of the System under the same criteria. Control or Controlling Interest as used herein may be held simultaneously by more than one person or legal entity.

(h) CONVERTER means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits a Subscriber to view more than twelve (12) channels delivered by the System at designated converter dial locations.

(i) COUNCIL means the City Council and any legally appointed or elected successor or agency.

(j) DATA GRADE means coded transmissions primarily digital in nature.

(k) DWELLING UNIT means any building or part of a building that is used as a home or residence.

(l) FCC means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

(m) FRANCHISE means an initial authorization, or renewal thereof, issued by the City, as the franchising authority, to a Grantee to construct or operate a Cable System.

(n) FRANCHISE AGREEMENT means a contractual agreement entered into between the City and any Grantee hereunder that is enforceable by the City and by the Grantee, and which sets forth the rights and obligations between the City and the Grantee in connection with the Franchise.

(o) GRANTEE means a person or legal entity to whom or to which a Franchise under this Ordinance is granted by the City, along with the lawful successors or assigns of such person or entity.

(p) GROSS REVENUES means all revenue collected by the Grantee, arising from or attributable to the provision of cable service by the Grantee within the City including, but limited to: periodic fees charged Subscribers for any basic, optional, premium, per-channel or per-program service; franchise fees; installation and reconnection fees; leased channel fees; converter rentals and/or sales; program guide revenues; late or administrative fees; upgrade, downgrade or other change-in-service fees; cable modem service; tower space rentals local advertising revenues; revenues from home shopping; revenues from sale, exchange, use or cable cast of any programming developed on the System for community or institutional use; provided, however, that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any Subscriber or User by the state, local or other governmental unit and collected by the Grantee on behalf of the governmental unit.

(q) INITIAL SERVICE AREA means all areas within the City limits as they exist now or in the future.

(r) INSTALLATION means the connection of the System from feeder cable to a Subscriber’s terminal.

(s) LOCAL ADVERTISING REVENUES means local and regional advertising revenues derived from the sale of locally and regionally inserted advertising, except such advertising sold by or through Grantee’s national representative firm.

(t) MAY. May is permissive.

(u) MONITORING means observing a communications signal, or the absence of a signal, where the observer is neither the Subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever; provided monitoring shall not include system-wide, non-individually addressed sweeps of the System for purposes of verifying System integrity, controlling return path transmissions, or verification of billing for premium or other services.

(v) NORMAL BUSINESS HOURS as applied to the Grantee shall mean those hours during which similar businesses in the City are open to serve customers. In all cases, Normal Business Hours must include some evening hours at least one night per week, and/or some weekend hours.

(w) NORMAL OPERATING CONDITIONS shall mean those serve conditions that are within the control of the Grantee. Those conditions that are not within the control of the Grantee include, but not limited to: natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.

(x) PERSON means any natural person or any association, firm, partnership, joint stock company, limited liability company, joint venture, corporation, or other legally recognized entity, private or public, whether for-profit or not-for-profit.

(y) SHALL. Shall is mandatory.

(z) SERVICE INTERRUPTION. The loss of either picture or sound or both for a single or multiple Subscriber(s).

(aa) STREET. The surface of and all right-of-ways and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the City for the purpose of public travel and shall include other easements or right-of-ways as shall be now held or hereafter held by the City which shall, within their proper use and meaning entitle the Grantee to the use thereof for the purposes of installing poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a Cable Television System.

(bb) SUBSCRIBER. Any person(s), firm, Grantee, corporation or other legal entity, or association lawfully receiving any service provided by a Grantee pursuant to this Ordinance.

(cc) USER. A party utilizing a Cable Television System channel for purposes of production or transmission of material to Subscribers, as contrasted with receipt thereof in a Subscriber capacity.

Sec. 5-3-3 Grant of Nonexclusive Authority

(a) RIGHTS AND PRIVILEGES GRANTED. Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, across, above, over and under streets (as defined in Section 5-3-2) which have been or may hereunder be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a Cable System in the City, provided that such right and privilege shall not include the right to contact or otherwise use any poles, conduits or property of the Two Rivers Water & Light Department without first obtaining pole or conduit use agreement as provided in Section 5-3-4(h).

(b) LENGTH OF FRANCHISE. The franchise and rights therein granted by the City shall take effect in accordance with the provision of Section 5-3-8 and continue in full force and effect for a term of up to fifteen (15) years as specified by a Franchise Agreement.

(c) ACCEPTANCE OF FRANCHISE. Within forty-five (45) days after the date of final City approval of the Franchise the Grantee shall file with the City its unconditional acceptance of the Franchise and promise to comply with and abide by all its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed. Such acceptance and promise shall be in writing duly executed. Such Franchise shall be non-exclusive and revocable. Acceptance shall be effective upon execution of a franchise Agreement by City and Grantee.

(d) FRANCHISE RENEWAL. Current federal procedures and standards pursuant to 47 U.S.C. §546, shall govern the renewal of any Franchise awarded under this Ordinance.

(e) FORFEITURE AND TERMINATION. In addition to all other rights and powers retained by the City under this Ordinance or otherwise, the City reserves the right to forfeit and terminate the Franchise Agreement and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and conditions following the required 30-day period to cure. A substantial breach by the Grantee shall include, but shall not be limited to the following:

  The foregoing shall not constitute a substantial breach if the violation occurs but is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.

  The City may make a written demand that the Grantee comply with any such provision, rule, order or determination under or pursuant to the Franchise. If the violation by the Grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may place the issue of termination of the Franchise Agreement before the City Council. The City shall cause to be served upon the Grantee, at least twenty (20) days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and the issue(s) which the Council is to consider.

  The City Council shall hear and consider the issue(s) and shall hear any person interested therein and shall determine in its discretion whether or not any violation by the Grantee has occurred.

  If the City Council determines that the violation by the Grantee was the fault of the Grantee and within its control, the Council may, by resolution declare that the Franchise of the Grantee shall be forfeited and terminated unless there is compliance within such period as the Council may fix, such period to not be less than thirty (30) days; provided, however, that no opportunity for compliance need be granted for fraud or material misrepresentation.

 The issue of forfeiture and termination shall automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council may then terminate the Franchise Agreement forthwith upon finding that the Grantee has failed to achieve compliance or it may further extend the period, at its discretion.

(f) FORECLOSURE Upon the foreclosure or other judicial sale of all or a substantial part of the System, or upon the termination of any lease covering all or a substantial part of the System, the Grantee shall notify the City of such fact, and such notification shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of the Ordinance governing the consent of the City to such change in control of the Grantee shall apply.

(g) REMOVAL OF GRANTEE'S PROPERTY. If the Grantee's franchise is terminated or expires, the Grantee shall within 90 days of date of termination or expiration remove all property owned by him and placed on a public right-of-way unless permitted by the City to abandon the property in place or to transfer it to a purchaser previously approved by the City. In the event of any such removal, the Grantee shall restore the public right-of-way to a condition satisfactory to the City. Upon abandonment, which shall only be done as the City directs, the Grantee shall transfer ownership of all such abandoned property to the City and submit to the City an instrument in writing, subject to the approval of the City Attorney, effecting such transfer.

Sec. 5-3-4 Limitations of Franchise

(a) PREFERENTIAL OR DISCRIMINATORY PRACTICES. Except when necessary for conducting limited-term marketing specials, the Grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any undue preference or advantage to any subscriber or non-subscriber nor subject any person to prejudice or disadvantage. The Grantee shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex.

(b) SALE OR TRANSFER OF FRANCHISE.

(c) LIABILITY. The Grantee shall have no recourse against the City for any loss, cost, expense or damage arising out of any provisions or requirements of this chapter or its regulation.

(d) PUBLIC PROTECTION. The Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the regulatory authority by the City and shall comply with any ordinances which the City has adopted or shall adopt applying to the public generally and to other Grantees.

(e) RESPONSIBILITY OF GRANTEE. Time shall be of the essence of any franchise granted hereunder. The Grantee shall not be relieved of his obligations to comply with any provision of this chapter by the failure of the City to enforce prompt compliance.

(f) OTHER FINANCIAL INTERESTS. The Grantee or any of his affiliated, subsidiary or parent organizations or shareholders, officers or directors shall not, within the corporate limits of the City or within ten miles in any direction, engage in the sale, renting, leasing or repairing of televisions.

(g) POLE AND CONDUIT USE. Any franchise granted hereunder shall not relieve the Grantee of any obligation involved in obtaining pole or conduit-use agreements from the Two Rivers Water & Light Department or other utility companies or others maintaining poles or conduits in the streets of the City, whenever the Grantee finds it necessary to make use of such poles or conduits.

(h) TREE TRIMMING. Any franchise granted hereunder shall give the Grantee the authority to trim trees upon and overhanging the streets so as to prevent damage to the Cable System and interruption of service. Such tree trimming as may be required shall be done under the supervision and direction of the City and at the sole expense of the Grantee.

(i) CONSTRUCTION APPROVAL. The Grantee shall submit to the City Manager a written request for review and approval of each new phase of construction intended to be built within the franchise area in previously unserved areas or substantial rebuilds in currently served areas. Such requests shall be submitted along with a map of the area to be served which shall be clear and legibly drawn to a scale of no more than 500 feet per inch and shall contain the names of all streets, north point arrow, map scale, proposed time frame for construction and such symbols as are necessary to clearly show the location and type of all proposed construction, equipment and appurtenances.

(j) INSTALLATIONS NEAR STREETS. Any poles, cable, electronic equipment or other appurtenances of the Grantee to be installed in, under, over, along, across, or upon a street shall be located so as to cause minimum interference with the public use of the streets and to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets. All such installations shall be subject to the prior approval of the City (excluding service drops to individual customers).

(k) STREET RESTORATION. If the Grantee disturbs any street, he shall, at his own expense and in a manner approved by the City, replace and restore such street in as good a condition as before the work causing such disturbance was done.

(l) CONSTRUCTION REQUIREMENTS. The Grantee shall construct, maintain and operate his network so as to cause minimum inconvenience to the general public. The Grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service shall be 12 inches. All excavations shall be properly guarded and protected and shall be replaced and the surface restored promptly after completion of the work. The Grantee shall at all times comply with all street opening and excavation ordinance requirements of the City.

(m) TEMPORARILY ALTERING FIXTURES. The Grantee shall, upon reasonable notice from any person holding a building moving permit issued by the City, temporarily alter his facilities to permit the moving of such building. The actual cost of such altering shall be borne by the person requesting the altering and the Grantee shall have the right to request payment in advance. For the provision of this chapter, "Reasonable Notice" shall be construed to mean at least 72 hours prior to the move.

Sec. 5-3-5 Additional City Rights in Franchise

(a) MODIFYING REGULATIONS. The City may from time to time, add to, modify or delete provisions of this chapter as it deems necessary in the exercise of its regulatory powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least 30 days prior to such hearing.

(b) GRANTEE'S RESPONSIBILITY TO CITY. The City may, upon reasonable notice, require the Grantee at his expense to protect, support, temporarily disconnect, relocate or remove from the City's streets any property of the Grantee by reason of traffic conditions, public safety, street construction or vacation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communication lines, track or other types of structures or improvements by governmental agencies or any other structures or public improvement. Reasonable notice for this provision shall be construed to mean at least 30 days except in the case of emergencies where no specific notice period shall be required.

(c) FAILURE TO COMPLETE WORK. If the Grantee fails to complete any work required by (b) above, or any other work required by City law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done and the Grantee shall reimburse the City the cost thereof within 30 days after receipt of an itemized list of such cost.

(d) EMERGENCY USE OF FACILITIES. The City may, in the event of an emergency or disaster, require the Grantee to make available his facilities to the City, at no cost, for emergency use during such emergency or disaster period.

(e) CITY'S RIGHT TO GRANTEE'S RECORDS. The City shall, to the extent permitted by law, during the life of any franchise granted hereunder, have access at all reasonable hours to the Grantee's plans, contracts and engineering, accounting, financial, statistical, customer and service records relating to the property and the operations of the Grantee and to all other records required to be kept hereunder.

(f) SUPERVISION OF CONSTRUCTION AND INSTALLATIONS. The City may, during the life of any franchise granted hereunder, inspect and supervise all construction or installation work performed subject to the provisions of this chapter to insure compliance with the terms of this chapter.

(g) CITY'S RIGHT OF EMINENT DOMAIN. Nothing in this chapter shall in any way or to any extent be construed to waive, modify or abridge the City's right of eminent domain in respect to the Grantee.

(h) TRANSFER OF DUTIES, RIGHTS AND POWER. Any right or power in or duty impressed upon any officer, employee, department or board of the City shall be subject to transfer by the Council or by law to any other officer, employee, department or board of the City. The City reserves all rights not specifically granted herein.

Sec. 5-3-6 Initial Service Area

  The Grantee of any franchise hereunder shall provide service to all areas within the City limits, such as limits exist now or in the future.

  Whenever a single residential unit is withing 150 feet of existing cable plant, the Grantee must provide cable installation within its usual time frame upon subscriber request. The grantee shall extend cable service to that area within 180 days of a request from any resident of the unserved area. The Grantee may charge no more than its normal installation rates for service extension required under this section.

Sec. 5-3-7 Time For Performance

(a) FILING APPLICATION. Within 30 days of the effective date of a franchise grant hereunder, the Grantee shall file with the appropriate authorities and utilities all papers and applications necessary to comply with the terms of this chapter and shall thereafter diligently pursue all such applications.

(b) APPROVAL OF POLICY. The Grantee shall file with the City Clerk-Treasurer his extension policy for potential subscribers dwelling more than 300 feet from the nearest point of the existing network but within the City limits. Such policy shall be approved by the City and the Grantee shall not make or refuse to make any extensions except as permitted by this approved policy.

(c) COMMENCING OPERATION. Within 12 months of the effective date of a franchise granted hereunder, the Grantee shall commence operation.

(d) COMPLETION OF CONSTRUCTION. Within 24 months of the effective date of a franchise granted hereunder, the Grantee shall have completed construction of the initial service area.

(e) FAILURE TO COMPLY. Failure to do any of the foregoing provisions of this section within the time specified shall be grounds for the termination of the franchise.

(f) TIME EXTENSIONS. The City may in its discretion extend the time for Grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which Grantee demonstrates to the satisfaction of the City Council that the Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond his control:

Sec. 5-3-8 Liability and Indemnification

(a) CITY TO BE HELD HARMLESS.

(b) FINANCIAL RESPONSIBILITY. The Grantee shall pay and by his acceptance of any franchise granted hereunder agrees that he shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned above. These expenses shall include all out-of-pocket expenses, such as consultants or attorney fees and shall also include the reasonable value of any services rendered by the City Manager or his staff or any other employees of the City.

(c) INSURANCE. The Grantee shall maintain and by his acceptance of any franchise granted hereunder agrees that he shall maintain throughout the term of the franchise, a general comprehensive liability insurance policy naming as a co-insured, the City, its officers, boards, commissions, agents and employees, in a company approved by the City Attorney and in a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss damage for personal injury, death or property damage, occasioned by the operation of Grantee under any franchise granted hereunder in the amount of:

(d) ENDORSEMENT. The insurance policies mentioned in (c) above shall contain the following endorsement:

(e) BOND. The Grantee shall maintain and by his acceptance of any franchise granted hereunder agrees that he shall maintain throughout the term of the franchise a faithful performance bond running to the City, with at least two good and sufficient sureties approved by the City Manager, in the penal sum to be set forth in the Franchise Agreement between City and Grantee, conditioned that the Grantee shall well and truly observe, fulfill and perform each term and condition of this chapter and any franchise granted hereunder and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the City as liquidated damages. The bond shall contain the following endorsement:

(f) All bonds, policies of insurance or certified copies thereof and written evidence of payments or required premiums shall be filed and maintained with the City Clerk-Treasurer during the term of any franchise granted hereunder.

(g) Neither the provisions of this chapter nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City hereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued hereunder, or for damages, either to the full amount of the bond or otherwise.

Sec. 5-3-9 Grantee Rules

(a) AUTHORITY. The Grantee of any franchise awarded hereunder shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of his business as shall be reasonably necessary to enable the Grantee to exercise his rights and perform his obligations under this chapter and any franchise granted hereunder.

(b) CONFLICTS. All such rules, regulations, terms and conditions promulgated under (a) shall not be in conflict with the provisions hereof or the laws of the State, the rules and regulations of the Federal Communications Commission or any other agencies having jurisdiction, or any rules and regulations promulgated by the City in the exercise of their regulatory authority granted hereunder.

(c) COPY TO BE KEPT ON FILE. One copy of all such rules, regulations, terms and conditions promulgated under (a) together with any amendments, additional, or deletions thereto, shall be kept currently on file with the City Clerk and another copy thereof shall be maintained for public inspection during normal business hours at the Grantee's office in the City. No such rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained.

Sec. 5-3-10 Rate Regulation

(a) Rates charged by a Grantee for service hereunder shall be fair and reasonable. Before any service is sold to any customer, the Grantee shall file with the City Clerk its schedule of rates for installation, monthly service charges and any other charges related to the operation of the cable system, together with a statement of the rights and obligations of the subscribers.

(b) Subsequent additions or amendments to rates and service charges shall likewise be filed with the City Clerk at least 30 days before the same become effective.

(c) The City reserves the option to regulate rates for cable service, should such power be allowed under federal and State law.

Sec. 5-3-11 Subscriber Agreement

(a) SAVE CITY HARMLESS. The Grantee herein shall indemnify and save harmless the City, its officers and agents and employees from any and all claims for interruption of service.

(b) SERVICE INTERRUPTIONS. The Grantee agrees that if service is interrupted due to the inability to use a street, Grantee shall make every reasonable effort to provide service over alternate routes.

Sec. 5-3-12 Service Standards

(a) COMPLIANCE WITH THIS CHAPTER. The Grantee shall maintain and operate its Cable System in accordance with the rules and regulations as are incorporated herein or may be promulgated by the City, or may be required by the State or Federal government.

(b) CHANNEL CAPABILITY. The Grantee shall provide a network having a minimum initial capacity of 85 video channels. In addition the network shall also have the capability for transmitting data grade intelligence in both forward and reverse directions. Whenever a reverse or feedback circuit is routed through a subscriber's premises, it shall be connected so as to permit subscriber deactivation except as necessary to verify the system's integrity or to collect information for billing of requested services. As total bi-directional capacity is of a great deal of interest to the City, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein in their application for a franchise which application shall be incorporated herein by reference.

(c) SUBSCRIBER PRIVACY.

(d) GOVERNMENT ACCESS.

(e) INTERCONNECTIONS. The Grantee shall provide for interconnection of government access channels in operation in the City of Manitowoc at such times as may be requested by the City Manager, unless Grantee cannot do so for reasons beyond its control.

(f) EDUCATIONAL ACCESS. The Grantee shall as part of the basic service, in addition to (d) above, provide at no charge up to two channels and associated modulator and return path equipment for educational use when requested by the public school system. As education channels availability is of a great deal of interest to the City, applicants for a franchise hereunder may indicate a greater number of dedicated channels for this purpose than the minimums set forth herein in their application for a franchise hereunder which application shall be incorporated herein by reference.

(g) TIME, WEATHER PROGRAMMING. The Grantee shall provide at least one channel carrying time and weather programming.

(h) NOTICE OF INTERRUPTIONS. The Grantee, whenever it is necessary to interrupt service over the Cable System for the purpose of network maintenance, alteration, or repair, shall do so at such time as shall cause the least amount of inconvenience to his subscribers and unless such interruption is unforeseen and immediately necessary, he shall give reasonable notice thereof to the affected subscribers.

(i) OFFICE AND PRODUCTION FACILITIES. The Grantee shall maintain a toll free listed telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time. A Grantee shall be required to maintain a local office in the City. The Grantee's office must be able to accept payments, exchange or accept return of convertors, schedule and conduct service or technician calls, and answer subscriber inquiries at least 30 hours per week. These hours may be not be reduced except upon approval of the City Council.

(j) "SAME DAY" SERVICE. The Grantee shall provide "same day service" response seven days a week for all complaints and requests for repairs or adjustments received prior to 1:00 P.M. each day. In no event shall the response time for calls received subsequent to 1:00 P.M. exceed 24 hours.

(k) DISABLING RECEPTION. As an additional service, the Grantee shall make available, when requested by the subscriber, a subscriber lockable means of disabling reception of basic and other additional services to which the subscriber may have access.

(l) EMERGENCY ALERT SYSTEM. In accordance with FCC regulations, the Grantee shall provide an all channel audio and video override capabilities controlled by designated City officials for emergency broadcasts.

(m) PROGRAM OR SERVICE CHANGES. The Grantee is required to give 30 days notice to the City and the subscribers of discontinuance of current billed services or future billed additions.

Sec. 5-3-13 Network Technical Standards

(a) TECHNICAL PERFORMANCE. The cable system shall be operated to comply with or exceed all guidelines and standards set by the FCC for signal quality and leakage. The City reserves the right to test the system and independently measure the signal quality. The system shall comply at all times with the National Electrical Code of the National Fire Protection Association.

Sec. 5-3-14 Construction Standards

(a) All new construction practices shall be in accordance with current standard utility practices as detailed in the current Edison Electrical Institute Publication governing joint-use agreement and all federal, State and local codes where applicable.

(b) All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable portions of the current edition of the National Electric Code.

(c) Antenna-supporting structures (towers) shall be designed for loading zone B as outlined in Electronics Industry Association's R.S.-222 Specifications.

(d) Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency and the State Aeronautics Board governing the erection and operation of supporting structures or TV towers, and all other applicable local, State, or federal codes and regulations.

(e) Nothing in this chapter or any franchise granted hereunder shall authorize the Grantee to construct, erect or operate and maintain in the City new poles and underground conduits where existing poles and conduits are servicing the area. The Grantee does have the right, however, to construct, erect, operate and maintain poles and underground conduits where none exists at the time the Grantee seeks to install his network. The Grantee shall obtain permission from the City before constructing or erecting any new poles or underground conduits.

(f) Nothing in this chapter or any franchise granted hereunder shall relieve the Grantee of the obligation of placing network facilities underground in areas presently served or to be served in the future by underground electric facilities. The Grantee shall abide by the requirements of the City in regard to the installation or relocation of such service facilities.

(g) All construction and installation of all of Grantee's network facilities shall be subject to the prior approval of the City and to inspection and supervision of such construction and installation as set forth in Section 5-3-5(f).

Sec. 5-3-15 Subscribers Antennas

(a) The Grantee shall not at any time require the removal or offer to remove any existing or potential subscriber's antenna.

(b) As an additional service, the Grantee shall install, when requested by the subscriber, a switching device so as to permit a subscriber to continue to utilize his own television antenna as he chooses.

Sec. 5-3-16 Subscriber Refunds

  If any subscriber of the Grantee of less than one year terminates service because of Grantee's failure to render service to subscriber of a type and quality provided for herein or if service to a subscriber of less than one year is terminated without good cause, or if the Grantee ceases to operate the Cable System authorized herein for any reason except termination or expiration of a franchise granted hereunder, the Grantee shall refund to such subscriber of less than one year an amount equal to the installation and connection charge paid by him in accordance with the schedule of charge contained in the Grantee's application for a franchise hereunder, which schedule is incorporated herein by reference. In no event shall the Grantee be required to refund the monthly charge for services already provided except as he may express a willingness to do so.

Sec. 5-3-17 Complaint Procedures and Consumer Service Standards

  Nothing in this ordinance shall be construed to prevent or prohibit:

  The Grantee shall maintain at its local office the necessary facilities, equipment and personnel to comply with the following consumer standards under normal conditions of operation:

(a) SERVICE STANDARDS. The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled service interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. A written log or an equivalent stored in computer memory and capable of access and reproduction, shall be maintained for all service interruptions and requests for cable service as required by this ordinance.

(b) TELEPHONE LINES. Local toll-free or collect call telephone line capacity shall be made available by Grantee to customers 24 hours per day, seven days a week, including holidays. The Grantee shall use best efforts under normal operating conditions during normal business hours to ensure that a minimum average of ninety percent of all callers (measured on a quarterly basis) for service will not be required to wait more than thirty seconds before being connected to a trained customer service representative, and shall receive a busy signal less than three percent of the time (measured on a quarterly basis). If the call needs to be transferred, the transfer time shall not exceed thirty seconds. Inquiries received after normal business hours may be answered by a service or an automated response system, and such calls must be responded to by a trained company representative on the next business day.

(c) INSTALLATION STANDARD. Grantee shall install service to any subscriber located up to 150 feet from the existing distribution system within seven days after receipt of a request. This standard shall be met no less than ninety-five percent of the time (measured on a quarterly basis).

(d) INSTALLATION, OUTAGES AND SERVICE CALL SCHEDULING. Grantee shall schedule, either at a specific time, or, at maximum, within a specified four hour time period, all appointments with subscribers for installation or service. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If a Grantee representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be re-scheduled, as necessary, at a time which is convenient for the customer. These standards shall be met no less than ninety-five percent of the time (measured on a quarterly basis).

(e) REPAIR STANDARDS. The Grantee shall maintain a repair force of technicians who, under normal operating conditions, are capable of responding to subscriber requests for service within the following time frames:

(f) NOTIFICATION OF SERVICE INTERRUPTION TO CITY MANAGER. The grantee shall promptly notify the City Manager, by oral communication, of any complete interruption in the operation of the system.

(g) Normal operating conditions shall mean those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

(h) SUBSCRIBER CREDIT FOR OUTAGES. Upon Service Interruption of a Subscriber’s Cable Service, the following shall apply:

Sec. 5-3-18 Filing and Communications with Regulatory Agencies

  The Grantee shall simultaneously file and maintain with the City Clerk, upon request, copies of all petitions, applications and communications transmitted by the Grantee to, or received by the Grantee from all federal and state regulatory commissions or agencies having competent jurisdiction to regulate the operations of any Cable System authorized hereunder.

Sec. 5-3-19 Reports

(a) The reporting entity shall be defined as follows with respect to the submission of reports required in Section 5-3-20 (1):

(b) The reporting entity shall be defined as follows with respect to the submission of reports required in Section 5-3-20 (b) through 5-3-20 (f)(8):

(c) Upon request, the Grantee shall file annually with the City Clerk not later than three months after the end of his fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year, a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year.

(d) Upon request, the Grantee shall file annually with the City Clerk not later than three months after the end of his fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year, a list of all trouble complaints and network downtime received or experienced during the fiscal year. All such submitted data shall also include complaint response time and service restorable period. For the purposes of this provision a certified copy of a complaint logbook reflecting all such incidents shall suffice.

(e) Upon request, the Grantee shall file annually, with the City Clerk not later than three months after the end of Grantee's fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year a statement certifying compliance to all applicable technical standards established by any regulatory agencies having jurisdiction.

(f) Upon request, the Grantee shall file annually with the City Clerk not later than three months after the end of his fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year the following supplemental information:

Sec. 5-3-20 Applications for a Franchise

(a) Applications for a franchise hereunder shall be filed with the City Clerk in accordance with the filing instructions promulgated by the City and shall contain the following information and provisions:

Sec. 5-3-21 Fees

(a) Applicants for a franchise hereunder shall pay a non-refundable filing fee to the City as provided for in Title 1 of this Code, which sum shall be due and payable concurrently with the filing of the completed application.

(b) Grantees of an initial franchise or its renewal hereunder shall, unless prohibited by rule of the FCC or other regulatory agency having jurisdiction, pay to the City reasonable costs incidental to the process including but not limited to those such as consultant fees, legal fees, public involvement expenditures, publication costs, et cetera, which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise. If such payment should be prohibited by rule of the FCC or other regulatory agency having jurisdiction, Grantees of a franchise hereunder shall provide an initial payment to the City in an amount equal to the direct costs of granting the franchise, which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise.

(c) FRANCHISE FEE.

Sec. 5-3-22 Bid Bond

(a) Each applicant for a franchise hereunder shall submit a bid bond in a form acceptable to the City Attorney or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City in an amount of $20,000.

(b) Should the applicant fail or refuse to accept a franchise hereunder or fail or refuse to furnish the performance bond as set forth in Section 5-3-9 within 30 days after notification of the award of a franchise by the City, the applicant shall be considered to have abandoned the proposal and the City shall enforce the bid bond in accordance with its terms or retain the proceeds of the certified check.

(c) Bid bonds or certified checks received in lieu thereof from applicants whose proposals are not accepted by the City shall be returned to the applicant as soon as the proposal is rejected.

Sec. 5-3-23 Acceptance and Effective Date of Franchise

(a) Any franchise awarded or renewed and the rights, privileges and authority granted thereby shall take effect and be in force upon the signing of the Franchise Agreement by both the City and the Grantee. Execution of a Franchise Agreement shall serve as an unconditional acceptance of this Ordinance. Within 30 days, the Grantee shall provide the City with:

(b) Should the Grantee fail to comply with (a) above, he shall acquire no rights, privileges or authority under this chapter whatever, and the amount of the bid bond or certified check in lieu thereof, submitted with his application, shall be forfeited in full to the City as liquidated damages.

Sec. 5-3-24 Regulatory Jurisdiction

(a) In absence of federal or State preemption, the City shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as they may deem necessary for the conduct of the business contemplated thereunder

(b) DAMAGES. For the violation of any of the following provisions of this Ordinance, damages shall be chargeable to either bond posted pursuant to Section 5-3-9 as follows, and the City may determine the amount of the forfeiture for other violations that are not specified in a sum not to exceed five hundred dollars ($500.00) for each violation, with each day constituting a separate violation:

(c) PROCEDURES. Whenever the City believes that the Grantee has violated one (1) or more terms, conditions or provisions of the Franchise, and wishes to impose penalties, a written notice shall be given to eh Grantee informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the Grantee an opportunity to remedy the violation. The Grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the City may impose penalties unless the violation is of such a nature so as to require more than thirty (30) days and the Grantee proceeds diligently within the thirty (30) days to correct the violation. In any case where the violation is not cured within thirty (30) days of notice from the City, or such other time as the Grantee and the City may mutually agree to, the City may proceed to impose liquidated damages.

  The Grantee may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the Grantee to the City shall specify with particularity the matters disputed by the Grantee and shall stay the running of the thirty (30) day cure period pending Council decision as required below. The Council shall hear the Grantee’s dispute. Grantee must be given at least five (5) days notice of the hearing. A the hearing, the Grantee shall be entitled to the right to present evidence and the right to be represented by counsel. After the hearing, the City shall provide Grantee a copy of its action, along with supporting documents. In the event the City upholds the finding of a violation, the Grantee shall have fifteen (15) days subsequent, or such other time period as the Grantee and the City mutually agree, to correct the violation. The rights reserved to the City under this section are in addition to all other rights of the City whether reserved by this Ordinance or authorized by law or equity, and no action, proceeding or exercise of a right with respect to penalties shall affect any other right the City may have.

Sec. 5-3-25 Unauthorized Connections or Modifications

(a) No person shall, without the expressed consent of the Grantee, make any connection, extension or division whether physically, acoustically, inductively, electronically or otherwise with or to any segment of a franchised Cable System for any purpose whatsoever.

(b) No person shall willfully interfere, tamper, remove, obstruct or damage any part, segment or content of a franchised Cable System for any purpose. This section shall in no way impair or infringe upon rights presently enjoyed by utilities in the City; namely the Two Rivers Water & Light Department, the Wisconsin Public Service Corporation, and the General Telephone Company.

(c) Any person who shall violate any provisions of this Chapter or any order, rule or regulation made or adopted hereunder shall be subject to the general provisions penalty of this Code. Each violation and each day the violation continues or occurs shall constitute a separate offense.

Sec. 5-3-26 City's Right of Intervention

  The City shall have the right to intervene and the Grantee specifically agrees by his acceptance of a franchise hereunder not to oppose such intervention by the City in any suit or proceeding to which the Grantee is a party.

Sec. 5-3-27 Further Agreements and Waivers

(a) The Grantee by his acceptance of any franchise awarded hereunder does agree that he shall not at any future time set up as against the City the claim that any provision of this chapter and any franchise granted hereunder is unreasonable, arbitrary, invalid or void.

(b) The Grantee by his acceptance of any franchise awarded hereunder does agree that such franchise is in lieu of any other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the Grantee in or pertaining to the installation and operation of a Cable System or similar system in the incorporated limits of the City and the acceptance of such franchise shall also constitute an abandonment by Grantee of any and all such rights, privileges, powers, immunities or authorities within the City, to the effect that, as between Grantee and City and all construction, operation and maintenance by the Grantee of any network in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.

Sec. 5-3-28 Miscellaneous Provisions

(a) All applicants for a franchise hereunder, upon being designated a Grantee, shall file with the City Clerk within 30 days of such designation written notice of both the location and addressee for mail and official notifications.

(b) All reports, filings, notifications and official mail from any Grantee hereunder to the City shall be forwarded to the attention of the City Clerk, City Hall, Two Rivers, Wisconsin, 54241.

(c) Anything contained herein to the contrary notwithstanding, the grantee of any franchise awarded hereunder shall not be required to take any action hereunder which shall be in violation of any statutes, ordinances, rules or regulations promulgated by either a federal or State regulatory body having competent jurisdiction and the Grantee shall not be considered as having violated a provision of this chapter provided, however, that he notifies the City of such conflict.

(d) The Grantee of any franchise awarded hereunder shall at all times in the conduct of his business employ ordinary care and install and maintain in use commonly accepted methods and devices for preventing failure and accidents which are likely to cause damage, injuries or nuisances to the public in general.

(e) The Grantee of any franchise awarded hereunder shall provide free of charge one connection and full basic and expanded basic monthly service for such public and non profit private schools, elementary and secondary, City buildings as the City may hereafter designate. The City reserves the right at its expense to extend service to as many areas within such schools, buildings as it deems desirable without payment of any fee to Grantee.

(f) Anything contained herein to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the Grantee any right of property in or on City-owned property.

(g) Anything contained herein to the contrary notwithstanding, all provisions of this chapter and any franchise granted hereunder shall be binding upon the Grantee, his successors, lessees or assignees.

(h) All programs of broadcasting stations carried by the Grantee shall be carried in their entirety as received by Grantee, with announcements and advertisements unaltered or substituted for and without additions except as permitted or required by the Federal Communications Commission and/or other agencies having jurisdiction of the provisions of Section 5-3-5(d).

(i) By its acceptance of the franchise, the Grantee specifically grants and agrees that its application is hereby incorporated by reference and made a part of this chapter. If there is a conflict between proposed services listed in such application and the provisions of this chapter, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. Failure to provide services as promised in the Grantee's application as incorporated herein shall be deemed a breach of this chapter to which the provisions of Section 5-3-3 shall apply.

(j) If the Grantee violates any provision of this chapter, he shall be subject to a penalty as provided in Section 5-3-25. This remedy shall be in addition to any other remedy.

Chapter 4: Public Service Commission Rate Orders

 

Sec. 5-4-1 Rate Orders Adopted

  Currently applicable Public Service Commission rate orders governing City of Two Rivers water and electric utilities are hereby incorporated by reference.

Chapter 5: Well Abandonment

 

Sec. 5-5-1 Purpose

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

Sec. 5-5-2 Applicability

(a) This ordinance applies to all wells located on premises served by the Two Rivers municipal water system.

Sec. 5-5-3 Definitions

(a) (a) For the purposes of this chapter, certain words and terms are defined as follows:

Sec. 5-5-4 Abandonment Required

(a) All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this ordinance and Wisc. Admin. Code, ch. NR 112, by November 1, 1992, 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 Water Utility.

Sec. 5-5-5 Well Operation Permit

(a) The Two Rivers Water Utility may grant a permit to a private well owner to operate a well for a period not to exceed five years, providing 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 Water Utility Department, 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 Clerk or other designated individuals.

  The following conditions must be met for issuance or renewal of a well operation permit:

Sec. 5-5-6 Abandonment Procedures

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

(b) The owner of the well, or the owner's agent, shall notify the City Clerk or Water Utility personnel at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be inspected by Water Department personnel

(c) An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the City Clerk or Water Utility personnel, and the Department of Natural Resources within ten days of the completion of the well abandonment.

Sec. 5-5-7 Enforcement

(a) Citations may be issued by the Plumbing Inspector, Building Inspector, the Water Utility Director or the City Manager or his designee.

Sec. 5-5-8 Penalty

(a) Any person who shall violate any provisions of this Chapter or any order, rule or regulation made or adopted hereunder shall be subject to the general provisions penalty of this code.

Chapter 6: Solid Waste Utility Fund Ordinance

 

Sec. 5-6-1 Fund Created

(a) The Solid Waste Utility Fund is created to account for the operations of the City refuse and recycling programs. This fund shall be segregated from all other funds and shall be designated as a proprietary fund in the City chart of accounts.

(b) The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in s. 159.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code.

Sec. 5-6-2 Statutory Authority

  This ordinance is adopted as authorized under Wis. Stats. 159.09(3)(b).

Sec. 5-6-3 Abrogation and Greater Authority

  It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing rules, regulations, ordinances, or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall apply.

Sec. 5-6-4 Interpretation

  In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wis. Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of adoption of this ordinance, or in effect on the date of the most recent text amendment of this ordinance.

Sec. 5-6-5 Severability

  Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

Sec. 5-6-6 Applicability

  The requirements of this ordinance apply to all persons within the City of Two Rivers City Limits.

Sec. 5-6-7 Administration

  The provisions of this ordinance shall be administered by the City of Two Rivers Director of Public Works or his/her representative.

Sec. 5-6-8 Effective Date

  The provisions of this ordinance shall take effect on January 1, 1995.

Sec. 5-6-9 Definitions

  For the purposes of this ordinance:

(a) "Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

(b) "City recycling containers" means the 18-gallon blue plastic containers stamped with the City name and issued by the City to its residents for the purpose of holding recyclable items.

(c) "Commercial refuse/recycling hauler" means any person, firm or corporation which engages in the business of collecting, hauling or removing any refuse and/or recyclables within the City of Two Rivers.

(d) "Compostable material" means grass clippings, leaves, yard and garden debris and brush, including woody vegetative material no greater than six (6) inches in diameter generated from any yard or garden.

(e) "Compost pile" means a structure or container system that allows for the controlled decomposition of organic matter by microorganisms (mainly bacteria and fungi) into a humus-like product. The final mixture created by use of a compost pile is used to enrich soils, increase the ability of the soil to absorb air and water , suppress weed growth, decrease erosion and reduce the need to apply chemical fertilizers and peat moss.

(f) "Container board" means corrugated paper board used in the manufacture of shipping containers and related products.

(g) "HDPE" means high density polyethylene plastic containers marked by the SPI code No. 2.

(h) "LDPE" means low density polyethylene plastic containers marked by the SPI code No. 4.

(i) "Magazines" means magazines and other materials printed on similar paper.

(j) "Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, residential or commercial furnace, boiler, dehumidifier, or water heater.

(k) "Mixed or other plastic resin types" means plastic containers marked by the SPI code No. 7.

(l) "Multiple family dwelling" means a property containing 5 or more residential units, including those which are occupied seasonally.

(m) "Newspaper" means a newspaper and other materials printed on newsprint.

(n) "Non-residential facilities and properties" means commercial, retail, industrial, institutional, and governmental facilities and properties. This term does not include multiple family dwellings.

(o) "Office paper" means high grade, staple free, printing and writing papers from offices in non-residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.

(p) "Person" includes any individual, corporation, partnership, association, local government unit, as defined in s. 66.299(1)(a), Wis. Stats., state agency or authority, or federal agency.

(q) "PETE" means polyethylene terephthalate plastic containers marked by the SPI code No. 1.

(r) "Post-consumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high volume industrial waste, as defined in s. 144.44(7)(a)1., Wis. Stats.

(s) "PP" means polypropylene plastic containers marked by SPI code No. 5.

(t) "PS" means polystyrene plastic containers marked by the SPI code No. 6.

(u) "PVC" means polyvinyl chloride plastic containers marked by the SPI code No. 3.

(v) "Recyclable materials" includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers; waste tires; and bi-metal containers.

(w) "Recyclables" includes, but is not limited to, aluminum cans, steel cans, bi-metal containers, plastic containers, newspaper, magazines, container board, and glass containers. The City may from time to time designate other household refuse items as recyclable based upon market conditions and available recycling technology.

(x) "Refuse" means the more or less solid waste resulting from the activities of the inhabitants of the City exclusive of sewage flowing in pipes, sewers, or upon the ground. The two materials making up refuse are defined as follows:

(y) "Refuse sticker" means a preprinted sticker which evidences advance payment for the collection and disposal of refuse.

(z) "Solid waste" has the meaning specified in s. 144.01(15), Wis. Stats.

(aa) "Solid waste facility" has the meaning specified in s. 144.43(5), Wis. Stats.

(bb) "Solid waste treatment" means any method, technique, or process which is designed to change the physical, chemical, or biological character or composition of solid waste. "Treatment" includes incineration.

(cc) "Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage, or defect.

(dd) "Yard waste" means leaves, grass clippings, and yard and garden debris.

(ee) "Brush and branches" means clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots, or shrubs with intact root balls.

Sec. 5-6-10 Right of the City to Award Exclusive Contract

  The City Council reserves the right to establish a comprehensive program, to be operated by the City and the City's exclusive contract waste hauler, to provide for residential collection of refuse and recyclables, and to provide for the separation of certain designated recyclable materials from normal household refuse and placement of such materials in specially designated containers.

Sec. 5-6-11 Separation of Recyclable Materials

(a) Occupants of single family and 2 to 4 unit residences, multiple family dwellings, and non-residential facilities and properties shall separate the following materials from postconsumer waste and refuse:

Sec. 5-6-12 Separation Requirements Exempted

  The separation requirements of s. 5-6-11 do not apply to the following:

(a) Occupants of single family and two to four unit residents, multiple family dwellings, and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in s. 5-6-11 from solid waste in as pure a form as is technically possible.

(b) Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(c) A recyclable material specified in s. 5-6-11 for which a variance or exemption has been granted by the Department of Natural resources under ss. 159.07(7)(d) or 159.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code.

Sec. 5-6-13 Care of Separated Recyclable Materials

  To the greatest extent practicable, the recyclable materials separated in accordance with s.5-6-11 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

Sec. 5-6-14 Management of Lead Acid Batteries, Major Appliances, Waste Oil, Waste Tires, and Yard Waste

(a) Occupants of single and two or four unit residences, multiple family dwellings, and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, yard wastes and brush as follows:

Sec. 5-6-15 Preparation and Collection of Recyclable Materials

(a) Except as otherwise directed by the Department of Public Works, occupants of single family and two to four unit residences shall do the following for the preparation and collection of separated materials specified in s. 5-6-11(a)(6) through (15):

(b) The Contractor shall refuse to furnish collection service to any person not complying with, or refusing to comply with, this ordinance for the collection of refuse and the separation of recyclables and report the violation to the Director of Public Works.

(c) Time of Collection. All recyclable materials shall be placed near the curb of the property in an accessible location for the recycling collector not earlier than 6:00 PM of the day before the regular collection day and no later than 6:00 AM on the day of collection. Collection routes shall be established by the City's contract with the garbage collector and as approved by the Director of Public Works.

(d) Recyclables Generated Outside of the City. No person shall transport any recyclable material generated outside the City limits into the City for collection through the City's recycling collection program.

Sec. 5-6-16 Responsibilities of Owners or Designated Agents of Multiple-family Dwellings

(a) Owners or designated agents of multiple family dwellings shall do all of the following for recycling the materials specified in s. 5-6-11(a)(6) through (15):

(b) The requirements specified in (a) do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 5-6-11(a)(6) through (15) from solid waste in as pure as form as is technically feasible.

Sec. 5-6-17 Responsibilities of Owners or Designated Agents of Non-residential Facilities and Properties

(a) Owners or designated agents of non-residential facilities and properties shall do all of the following for recycling the materials specified in s. 5-6-11(a)(6) through (15):

(b) The requirements specified in (a) do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 5-6-11(a)(6) through (15) from solid waste in as pure a form as is technically feasible.

Sec. 5-6-18 Responsibilities of Persons Using a Recycling Program Other than That Which the City Provides

  Any person using a recycling program other than that of the City of Two Rivers, and whose facility or property is within the City Limits is required to submit the annual tonnage of materials recycled and also of materials disposed of as solid waste. This report is to have supporting documentation, and shall be submitted on or by January 31st for the previous year to the Director of Public Works.

Sec. 5-6-19 Prohibitions on Disposal of Recyclable Materials

  No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in s. 5-6-11(a)(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

Sec. 5-6-20 Burning of Refuse or Recyclable Materials

  The burning of refuse and recyclable materials is hereby prohibited.

Sec. 5-6-21 Composting and Compost Piles

  Compost materials may be placed in a compost pile provided that such materials are placed in such a way as not to allow them to be wind blown. The depositing of garbage, pet waste, meat scraps, or other materials that may attract animals or vermin to the compost pile or which may provide an obnoxious odor shall be prohibited. A compost pile shall not be located less than twenty-five (25) feet from any neighboring dwelling unit, less than ten (10) feet from the dwelling on whose property the compost pile is located, less than two and one-half (2½) feet from any rear or side lot line, or within any required front yard, as defined in the Comprehensive Zoning Ordinance of the City of Two Rivers. In no event shall a compost pile be located in any side or rear yard drainage or utility easement. A compost pile shall not exceed four (4) feet in height, fifteen (15) feet in side length or one hundred (100) square feet in total ground or base area.

Sec. 5-6-22 Littering Prohibited

  No person shall throw any glass, excavating or building materials, rubbish, refuse, junk, yard waste, recyclable materials, liquid or solid waste, tires, car batteries, appliances, filth or other litter upon the streets, alleys, highways, public parks or other property of the City of upon any private property not owned by him/her or upon the surface of and/or under any body of water within the City.

Sec. 5-6-23 Refuse Collection and Disposal

(a) Storage of Refuse. All persons who generate refuse shall store such refuse in non-rusting, watertight, rodent proof containers made of galvanized iron or other substantial, suitable material. These containers shall be furnished and maintained in good and clean condition by the occupants of all buildings for refuse materials defined above. As far as possible, these containers shall be placed out of public view, and shall in no case be kept or stored in a Front Yard or Corner Side Yard as defined in Section 10-1-7 of the Zoning Code, except:

  It shall be permissible within the times specified under Section 5-6-23(c), Time of Collection. It shall be permissible within the times allowed under Section 5-6-23(c) to place closed plastic refuse bags at least 1.5 mils thick at the street for pick up. These containers, either can or bag, shall conform to the following descriptions

(b) Weight Limits. Plastic bags, receptacles, or other items left for disposal shall weight no more than fifty (50) pounds each. No receptacle shall be so loaded that it cannot conveniently be lifted and dumped by one person.

(c) Time of Collection. All receptacles for refuse and rubbish and all bundles of rubbish shall be placed near the curb of the property in an accessible location for the garbage collector not earlier than 6:00 PM of the day before the regular collection day and no later than 6:00 AM on the day of collection. Collection routes shall be established by the City's contract with the garbage collector and as approved by the Director of Public Works.

(d) Removal of Refuse. No person shall be allow accumulations of refuse on his/her property. All refuse accumulations that will fill a thirty-two (32) gallon plastic bag or metal/plastic container shall be disposed of within one week at a licensed landfill or picked up for disposal by a licensed refuse/recycling hauler.

(e) Materials to Be Disposed Of.

(f) Materials Others Pay Cost Of. Demolition wastes may be accepted at the landfill site, provided that the City shall not be responsible for the cost of such disposal. Such costs shall be paid by those persons, companies or corporations delivering the demolition wastes to the landfill site.

(g) Mechanized Collection. The Director of Public Works may authorize the use of equipment which exceeds the above limitations in order to facilitate mechanical collection.

(h) Interference with Refuse Containers. No person other than the owner, occupant, tenant, authorized City officials, or their agents, shall deposit any article or thing in any refuse container, nor remove, displace, injure, deface, destroy, uncover or disturb such refuse containers or the contents. In the case of refuse containers owned, leased or rented by the City of Two Rivers, no person shall be permitted to deposit any article or thing in any such refuse container except refuse generated on the property in which the container is located or refuse otherwise authorized by the City of Two Rivers to be placed in such container.

Sec. 5-6-24 Commercial Refuse/Recycling Haulers

(a) License Required. No person shall be permitted to operate as a commercial refuse/recycling hauler without first having obtained a license therefore from the City Clerk. The City Clerk shall not issue the license until the application has been approved by the Director of Public Works and the City Manager and granted by the City Council. Each applicant shall also be required to furnish a letter of credit in the amount of $5,000 from an acceptable responsible institution. Each applicant shall also be required to furnish a Certificate of Liability Insurance with limits of at $25,000/$100,000/$300,000 on each licensed vehicle used in the City. A license fee as specified in the Schedule of Fees in Title 1 of this Code shall be charged for each vehicle used in the business of refuse and/or recycling hauling in the City. Each license shall expire annually on the 1st day of July following its issuance.

(b) Noncommercial Haulers. Notwithstanding (a), no person, firm or corporation which hauls refuse or recyclables generated solely by such person, firm or corporation shall be required to obtain a license hereunder. No such person, firm or corporation shall however, dispose of any such refuse at a licensed landfill and charge the cost for such disposal to the City of Two Rivers. Noncommercial haulers are responsible to report amounts of refuse and/or recyclables disposed of if the amounts are over 10 tons per year.

(c) Vehicle Requirements. All vehicles used by commercial refuse haulers to collect or haul refuse shall be covered over the part of the vehicle which contains the refuse and/or recyclables and shall be so constructed that no garbage and/or recyclables can spill, leak or break. Such vehicles shall be kept clean and as free from offensive odors as possible. While any refuse and/or recyclables are contained in any such vehicle, the vehicle shall not be kept on any street, alley or public place, or upon any private premises in the City longer than is reasonable necessary to collect the refuse and/or recyclables and transport it for disposal. No vehicles may be kept overnight with any refuse and/or recyclables stored in the vehicle, unless the vehicle is removed by 8:00 AM the following morning. No vehicles may be parked at any time in any area not zoned to permit the location of a refuse and/or recycling hauling or processing business, whether loaded or unloaded, except while making collections.

(d) Collection and Disposal. Each commercial refuse/recycling hauler shall make arrangements with his customers to collect refuse/recyclables on a specific day and shall collect all refuse/recyclables on the day scheduled for collection. All refuse collected shall be disposed of at a licensed landfill. All recycling materials shall be disposed of at the Manitowoc County recycling facility or through arrangements made with Manitowoc County for processing of recyclable material for market.

(e) Reporting Requirements. All refuse/recycling haulers shall make quarterly reports to the Director of Public Works. These reports shall be due within thirty (30) days after March 31st, June 30th, September 30th and December 31st. These reports shall include, but not limited to, customers served inside the City, refuse tonnage collected inside the City and recycling tonnage collected in the City. The recycling tonnage collected shall be submitted for each item listed under Section 5-6-11 or otherwise required by the Department of Natural Resources. The means and methods to be used for compiling the report shall be submitted with the annual license application or whenever the means and methods are revised or changed through the licensing period. All means and methods shall be approved by the Director of Public Works.

(f) Dumpsters. Commercial haulers are responsible for the use of and maintenance of refuse dumpsters. Dumpsters shall be secured at all times when not in use. Dumpsters shall be placed as far as possible from public view. Should the City Manager, the Director pf Public works, or the Police Chief determine that a dumpster located on private property constitutes a nuisance or hazard, it shall be removed or relocated as directed by that official. The City Manager, Director of Public Works, or Police Chief may order the removal of any dumpster from the public right-of-way at their discretion.

  Dumpster Permits. No person or commercial hauler shall place a dumpster on streets or other public rights-of-way without first obtaining a permit to do so from the Director of Public Works (“Director”) or his/her authorized representative. Any person seeking to place dumpsters on streets or public rights-of-way shall submit a written application for permit in a form approved by the Director. No dumpster may be placed in a public street or right-of-way unless barricades approved by the Director are placed on both ends of the dumpster, or reflective tape approved by the Director is placed on all sides of the dumpster in accordance with drawings and specifications prepared by the Director. If barricades are used, flashing lights must be placed on the barricades when they remain in the place at any time from 4:00PM to 8:00AM. If reflective tape is used, such tape shall be at least 6 inches in width. If barricades are rented from the City, the City may impose a rental fee of at least $5.00 a day for their use, which fee shall be payable on submission of the application for permission. Dumpsters must be secured to prevent the spread of debris from the dumpsters. Each applicant shall be required to agree in writing to indemnify and hold the City harmless from any and all claims, actions, liabilities, demands or obligations of any nature whatsoever arising from the placement of the dumpster in a street or other public right-of-way, including actual attorneys fees and expenses incurred by the City in defending itself therefrom, and agree to comply with all applicable law, ordinances regulations and any special conditions as are imposed by the Director of Public Works or his/her designee. The City Manager, Police Chief or the Director of Public Works may order any dumpster removed at their discretion, at the cost of the person who applied for permission to place the dumpster. No household refuse shall be allowed to be disposed of in any residential dumpster, and the dumpster shall be emptied at least every two weeks unless otherwise stated in the permit.

Sec. 5-6-25 Theft or Damage of Recycling Container or Refuse Stickers; Removal of Items from Recycling Containers

(a) It shall be unlawful for any person, other than the City's contractor(s), to remove any items in or adjacent to City recycling containers, including but not limited to, newspapers, aluminum cans, plastic jugs, and glass bottles or containers.

(b) The theft of any City recycling container or refuse sticker shall be unlawful, any person, other than the Owner, commits theft when he knowingly:

(c) No person shall damage, by any means, a City recycling container without the consent of the City.

Sec. 5-6-26 Disposal of Recyclable Materials

(a) As far as possible, the containers in which recyclable materials are to be kept for purposes of disposal under this Chapter shall be placed out of public view, and shall in no case be kept or stored in a Front Yard or Corner Side Yard as defined in Section 10-1-7 of the Zoning Code, except:

Sec. 5-6-27 Enforcement

(a) Any authorized officer, employee, or representative of the City of Two Rivers may inspect recyclable materials separated for recycling; postconsumer waste intended for disposal, collection sites and facilities; collection vehicles; collection areas of multiple-family dwellings and non-residential facilities and properties; solid waste disposal facilities and solid waste treatment facilities; and any records relating to recycling or solid waste disposal activities for the purpose of ascertaining compliance with the provision of this ordinance. No person may refuse access to any authorized officer, employee, or authorized representative of the City of Two Rivers who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

(b) Any person who violates any provision of this ordinance or any order, rule or regulation made or adopted hereunder or if any person shall obstruct or hinder any authorized officer, employee or representative of the City of Two Rivers in the performance of his/her duty may be issued a citation by the City of Two Rivers Police Department, Fire Department, Inspections Department or the Director of Public Works, or his/her representative to collect forfeitures. In addition to any other remedies available to the City, such person shall be subject to the general provision penalties of Section 1-1-7 of this Code. Each violation and each day the violation continues or occurs shall constitute a separate offense. Nothing in this section shall preclude the City from maintaining any appropriate action to prevent or to remove a violation of any provision of this Section. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

Chapter 7: Stormwater Utility

 

Sec. 5-7-1 Operation of Utilities

The City of Two Rivers finds that the management of stormwater and other surface water discharge within and beyond Lake Michigan, West Twin River, East Twin River, and Molash Creek (the “City’s Waterways”) is a matter that affects the health, safety and welfare of the City, its citizens and business, and others in the surrounding area. Failure to effectively manage stormwater affects the sanitary sewer utility operations of the City by, among other things, increasing likelihood of infiltration and inflow in the sanitary sewer. In addition, surface water runoff may create erosion of lands, threaten businesses and residences with water damage, and create sedimentation and other environmental damage in the City’s Waterways. Those elements of the system that provide for collection, conveyance, flood control, pollutant control, and volume reduction of stormwater and regulation of groundwater are of benefit and provide services to all properties within the City of Two Rivers, including property not presently served by the stormwater elements of the system. The cost of operating and maintaining the stormwater management system and financing necessary repairs, replacements, improvements and extensions thereof should, to the extent practicable, be allocated to the benefits enjoyed and services received therefrom.

There is hereby established a City of Two Rivers Stormwater Utility. The operation of the Stormwater Utility shall be under the supervision of the City Council. The City of Two Rivers Director of Public Works shall be in charge of the Stormwater Utility.

Sec. 5-7-2 AUTHORITY

The City, through the Stormwater Utility, may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such real estate and facilities as are deemed by the City to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, without limitation by enumeration, surface and underground drainage facilities, sewers, water courses, retaining walls and ponds, flood control facilities, best management practices, and such other facilities as will support a stormwater management system.

Sec. 5-7-3 DEFINITIONS

For the purpose of this ordinance, the following definitions shall apply: Words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense; the word “shall” is mandatory and not discretionary; the word “may” is permissive. Terms not specifically defined herein shall have the meaning defined in NR 216.002, Wisconsin Administrative Code, and as the same may be amended from time to time, if defined therein; or if not therein defined, shall be construed to have the meaning given by common and ordinary use, as defined in the latest edition of Webster’s Dictionary.

(a) DIRECTOR. The term “Director” means the City of Two Rivers Director of Public Works, or his/her designee.

(b) DEVELOPED PROPERTY. The term “developed property” means the real property that has been altered from its natural state by the addition of any improvements that may include a building, structure, impervious surface, and change in grade or landscaping.

(c) EQUIVALENT RUNOFF UNIT (ERU) The term “ERU” means the statistical average horizontal impervious area of “single family residential properties” within the City of Two Rivers on the date of adoption of this ordinance. The horizontal impervious area includes, but is not limited to all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks.

(d) IMPERVIOUS AREA OR IMPERVIOUS SURFACE. The term “impervious area or impervious surface” means areas that have been paved, covered or compacted to inhibit the natural infiltration of water into the soil or cause water to run off the area in greater quantities or at an increased rate of flow from the present under natural conditions as undeveloped property. Such areas may include, but are not limited to , roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, gravel, athletic courts and compacted surfaces. Excluded from this definition are undisturbed land, lawn and fields.

(e) DUPLEX UNIT. The term “duplex unit” means any residential space identified for habitation by members of the same household attached to only one other residential space or as classified by the City Building and Zoning Codes.

(f) DWELLING UNIT. The term “dwelling unit” means any residential space identified for habitation by members of the same household or as classified by the City Building and Zoning Codes. A dwelling unit includes, but is not limited to, single family homes, manufactured homes, duplexes, multi-family apartments, residential condominiums and townhouse living units.

(g) RESIDENTIAL PROPERTY. The term “residential property” means any lot or parcel developed exclusively for residential purposes including, but not limited to, single-family homes, manufactured homes, duplexes, multi-family apartments, residential condominiums and townhouse living units.

(h) NON-RESIDENTIAL PROPERTY. The term “non-residential property” means any developed lot or parcel not exclusively residential as defined herein, but not limited to, transient rentals (such as hotels and motels), mobile home park, commercial, industrial, institutional, governmental property and parking lots.

(i) RUNOFF. The term “runoff” means the surface water, including rain and snow melt, which is inhibited by impervious surfaces from naturally infiltrating into soil.

(j) STORMWATER FACILITIES. The term “stormwater facilities” means all constructed facilities or natural features used for collecting, conveying, storing, reducing and treating stormwater to, through and from drainage areas to the point of final outlet. Stormwater facilities collectively constitute a stormwater system.

(k) UNDEVELOPED PROPERTY. The term “undeveloped property” means that which has not been altered from its natural state by the addition of any improvements, such as a building, structure, impervious surface, change of grade or landscaping. For new construction, a property shall be considered developed pursuant to this ordinance at the time of water meter installation or upon review of the actual impervious area by January 1st.

Sec. 5-7-4 RATE CHARGES

(a) By this ordinance, the City Council is establishing the rate charge upon each lot and parcel within the City of Two Rivers for services and facilities provided by the Stormwater Utility. The actual charges to be imposed, the establishment of formulas for calculations of the charges, the establishment of specific customer classifications and any future changes in those rates, formulas, rate charges and customer classifications, may be made by resolution. All rates established pursuant to this ordinance will be fair and reasonable in accordance with the decision and judgement of the City Council. The current rates will be on file with the City Clerk.

(b) Rate charges shall be used to share the costs of the Stormwater Utility. These rate charges may include:

(c) The City Council may make such other and customer classifications as will be likely to provide reasonable and fair distribution of the costs of the Stormwater Utility. In so doing, the City Council may provide credits against certain of the charges set forth above for facilities installed and maintained by the property owner for the purpose of lessening the stormwater flow or pollutant load from that given property.

(d) The City’s Department of Finance is hereby appointed as the collection agency for the City of Two Rivers Stormwater Utility. Bills shall be prepared by the City or its agent and sent to the owner of each premise served. The City shall allocate the actual cost of billing and colleting.

(e) The bills for Stormwater Utility charges shall be mailed to the owner of each developed property; provided, however that the owner of any property containing one more rental units (whether residential or non-residential in nature) may in writing direct that the City direct such bills to the designated utility bill recipients for such property. Provided, however such direction shall not relieve the owner of the property from liability for rental property in the event payment is not made as required in this article. The owner of any property served which is occupied by tenants shall have the right to examine collection records of the City for the purpose of determining whether such rates and charges have been paid for such tenants, provided that such examination shall be made at the office at which the records are kept and during the hours that such office is open for business.

(f) Stormwater Utility charges shall not be payable in installments. If Stormwater Utility charges remain unpaid after a period of twenty (20) days from the date of utility bill, such bill shall become a delinquent special charge and shall become a lien as provided in ss. 66.0809 and 66.0821. Said charges shall automatically be extended upon the current or next tax as a delinquent tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charges. Unpaid charges shall be assessed the same as the water utility bills.

(g) All delinquent charges shall be subject to a ten (10) percent penalty in addition to all other charges and prior penalties or interest when the delinquent charge is extended upon the tax roll.

Sec. 5-7-5 CUSTOMER CLASSIFICATION

(a) For purposes of imposing the stormwater charges, all lots and parcels within the City are classified in the following five (5) customer classes:

(b) The Director of Public Works shall prepare a list of lots and parcels within the City of Two Rivers, and assign a classification of residential, non-residential or undeveloped to each lot or parcel.

(c) The average square footage of impervious area of the ERU is established to be equivalent to 3,015 square feet.

(d) The charges imposed for single-family residential properties shall be the rate for one (1) ERU.

(e) The charges imposed for duplex residential properties shall be the rate for five-tenths (0.5) of one (1) ERU per each individual dwelling unit existing on the property (ERU rate multiplied by the number of dwelling units).

(f) The charges imposed for multi-family apartment, condominium and townhouse residential properties shall be the same as non-residential properties.

(g) The charges imposed for non-residential properties shall be the rate for one (1) ERU, multiplied by the numerical factor obtained by dividing the total impervious area of non-residential property by the square footage of one (1) ERU. The numerical factor shall be rounded down to the nearest one-tenth (0.1) i.e.:

ERU rate multiplied by impervious area (square feet)
divided by 3,015 square feet

(h) No charge shall be imposed for undeveloped properties.

(i) The Director of Public Works shall be responsible for determining the impervious area, based upon the best available information, including, but not limited to, data supplied by the Building Inspector, aerial photography, the property owner, tenant or developer. The Director of Public Works may require additional information, as necessary, to make the determination. The billing amount shall be updated by the Director of Public Works on any additions to the impervious area. Upon property owner’s written notification and request, the Director of Public Works shall review the impervious area for possible reductions.

(j) The minimum charge for any developed parcel shall be equal to one (1.0) ERU.

Sec. 5-7-6 NEW CONSTRUCTION

The owner shall also be liable for stormwater charges, under this ordinance, for the improvement from the date of water meter installation or upon review of the actual impervious area by January of the year immediately following the installation.

Sec. 5-7-7 METHOD OF APPEAL

(a) (e) The Stormwater Utility charge may be appealed, as follows:

(b) A property owner not satisfied with the decision by the Director of Public Works can appeal to the City Council for its review and action.

(c) Following review by the Director of Public Works, the City Council will determine whether the stormwater charge is fair and reasonable, or whether a refund is due to the customer. The City Council may act with or without a hearing, and will inform the customer in writing of its decision.

(d) If the City Council determines that a refund is due to the customer, the refund will be applied as a credit on the customer’s next stormwater billing, if the refund will not exceed the customer’s next stormwater billing, or will be refunded at the discretion of the Director of Finance without interest.

Sec. 5-7-8 SPECIAL CHARGES AUTHORITY

In addition to any other method for collection of the charges established pursuant to this ordinance for Stormwater Utility costs, the City Council finds that these charges may be levied on property as a special charge pursuant to s. 66.0627, Wis. Stats. The charges established hereunder reasonably relect the benefits conferred on property and may be assessed as special charges. The mailing of the bill for such charges to the owner will serve as notice to the owner that failure to pay the charges when due may result in them being charged pursuant to the authority of s.66.0627, Wis. Stats. In addition, the City may provide notice each October of any unpaid charges to the Stormwater Utility, which charges, if not paid by November 15, may be placed on the tax roll under s.66.0627, Wis. Stats.

Sec. 5-7-9 BUDGET EXCESS REVENUES

The Stormwater Utility finances shall be accounted for in a separated Stormwater Management Fund by the City. The Utility shall prepare an annual budget, which is to include all operation and maintenance costs, administrative costs, depreciation costs, debt service and other costs related to the operation of the Stormwater Utility. The budget is subject to approval by the City Council. The costs shall be spread over the rate classifications as determined by the City Council. Any excess of revenues over expenditures in a year will be retained by the Stormwater Management Fund for subsequent years’ needs.

Sec. 5-7-10 SEVERABILITY

If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgement.

Sec. 5-7-11 EFFECTIVE DATE

This ordinance shall be in force and effect beginning August 1, 2014

The above and foregoing ordinance was duly adopted by the City Council of the City of Two Rivers on the 21st of April, 2014.