Public Utilities

Section 700 - Franchises

700.01 - Various franchises unaffected

The following franchise ordinances of the city, as they existed on January 1, 1996, are made a part of this code as if fully set forth herein:

1. Ordinance no. 78, granting a franchise to Northern States power Company.
2. Ordinance no. 106, granting a franchise to Leonard Communications, Inc.
3. Ordinance no. 1991-2, granting a franchise to Minnegasco, Inc.

The ordinances listed above, being franchises to various public utilities and other service providers, were unaffected by the adoption of this code and are on file, as originally adopted, in the office of the city clerk-treasurer. Nothing in this section is to be construed as modifying, amending or abridging any term or condition of the franchise described in this section.

Section 705 - Private Drains

705.01 - Prohibit storm water disposal into the sanitary sewer system

Subdivision 1

No person shall discharge or cause to be discharged any storm water, groundwater, roof runoff, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system.

Subd. 2

No roof runoff, sump pump, swimming pool discharge, or surface water drainage shall be connected to the sanitary sewer system and no building shall hereafter be constructed nor shall any existing buildings be hereafter altered in such a manner that the roof drainage or any other source of discharge or drainage other than sanitary sewer shall connect with the sanitary sewer system inside or outside the building.

Subd. 3

Any person, firm or corporation having a roof, sump pump, swimming pool discharge, cistern overflow pipe or surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to July 1, 2009. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner as described in the next section.

Subd. 4

All sump pumps shall have a discharge pipe installed to the outside wall of the building with one (1) inch inside minimum diameter. The pipe attachment must be a permanent fitting such as PVC pipe with glued fittings. The discharge shall extend at least five (5) feet outside of the foundation wall and must be directed toward the front yard or rear yard area of the property.

Subd. 5

Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow the City employee(s) to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this Section shall make the necessary changes to comply with this Section and such changes shall be verified by City employee(s).

Subd. 6

A surcharge of ($75.00) Dollars per month is hereby imposed and shall be added to every sewer billing mailed on and after July 1, 2009, to property owners who are not in compliance with this Section. The surcharge shall be added every month, until the property is in compliance. The imposition of such surcharge shall in no way limit the right of the City to seek an injunction in District Court ordering the property owner to disconnect the non-conforming connection to the sanitary sewer system or from pursuing any other legal remedies available.

Subd. 7

Upon verified compliance with this Section the City of Freeport reserves the right to inspect such property at least yearly to verify compliance herewith.

Section 710 - Wastewater Service Charges

710.01 - Purpose

For the purpose of providing funds

1. to meet the costs of operating and maintaining the city wastewater facilities;
2. for additional improvements such as expansion and extension of wastewater facilities; and
3. for the payment of principal and interest which may be due on general obligation bonds sold for the purpose of providing finances for construction of wastewater treatment facilities, there is imposed upon each lot, parcel of land, building or premises having any connection with the public wastewater system of the city, or otherwise discharging wastewater, industrial wastes, water or other liquids directly or indirectly into public wastewater system of the city, the wastewater service set forth in this section.

710.03 - Rates and charges

The contributors to the wastewater collected by the city must pay the rates and charges set by appendix I.

710.05 - Charges billed with water statement

The clerk-treasurer must compute the amount due to the city for wastewater service charges and render a statement thereof monthly at the same time and on the same bill with the city water statement to the owner or occupant of any premises served by the wastewater system. The statement is due and payable within ten days after statement is issued. Failure to pay within the ten days results in a penalty fixed by appendix I being added to the charges.

710.07 - Creation of wastewater service fund

Money received from the wastewater service charge or surcharge must be deposited in a separate fund to be known as the "wastewater service fund." The money so received must be recorded and paid only for purposes set forth in subsection 710.01.

710.09 - Right to shut off water

In case of failure of prompt payment of the rates and charges herein provided, the city may shut off the water after ten days' written notice to the owner or occupant, or both, and opportunity to be heard before the council.

710.11 - Lien against property

Charges levied by and pursuant to this section are made a lien upon the corresponding lot, land, or premises served by a connection to the wastewater systems as provided in Minnesota Statutes, section 444.075. Charges that are on September 30^th, of each year more than 30 days past due and that have been properly billed to the owner, occupant, or lessee of the premises served, will be certified by the clerk-treasurer to the county auditor between the first and the 10^th day of October of each year. The clerk-treasurer in so certifying charges to the county auditor must specify the amount thereof. The amount so certified will be extended by the auditor on the tax rolls against such premises in the manner as other taxes, and collected by the county treasurer, along with other taxes.

710.13 - Charges recoverable in civil suit

Charges levied pursuant to this section that have been properly billed to the account of any premises served but not paid may be recovered in a civil action by the city in any court of competent jurisdiction.

Section 715 - Water Service Charges

The consumers of water furnished by the city must pay the rates and charges set by appendix I.

715.01 - Charges

The clerk-treasurer must compute the amount due the city for water provided to the consumer and render a statement thereof monthly to the owner or occupant of the premises served by the water system. The statement is due and payable within ten days after the statement is issued. Failure to pay within the ten days results in a penalty fixed by appendix I being added to the charges.

715.05 - Right to shut off water

In case of failure of prompt payment of the rates and charges herein provided, the city may shut off the water after written notice to the owner or occupant, or both, and hearing and opportunity to be heard.

715.07 - Lien against property

Each charge levied by and pursuant to this section is a lien upon the corresponding lot, land, or premises served by a connection to the sewer system of the city provided in Minnesota Statutes, section 444.075. Charges on September 30^th of each year more than 30 days past due that have been properly billed to the owner, occupant, or lessee of the premises served, will be certified by the clerk-treasurer to the county auditor between the first and 10^th days of October of each year. The clerk-treasurer in so certifying the charges to county auditor must specify the amount thereof, the description of the premises served and the name of the owner thereof. The amount so certified will be extended by the auditor on the tax rolls against such premises in the manner as other taxes, and collected by the county treasurer, and paid to the clerk-treasurer, along with other taxes.

715.09 - Charges recoverable in civil suit

Charges levied by this section that have been properly billed to the account of any premises served, but not paid, may be recovered in a civil action by the city in any court of competent jurisdiction.

715.11 - Meters

All connections to the water system must be metered. The city will supply meters for connection up to ¾ inches. Meter costs over ¾ inches must be paid for by the user. Services requiring meters of 1.5 inches or greater must have a compound meter installed.