New Underwood, South Dakota

......a good place to be!
 

Article 3 - Utilities

      

REVISED WATER ORDINANCE NUMBER 06-03
 
 
 
ARTICLE III- UTILITIES
 
A. UTILITY ORDINANCE # 1 - WATER

 

 

 

AN ORDINANCE TO CONSTRUCT, ESTABLISH, EQUIP, MAINTAIN AND OPERATE A SYSTEM OF WATERWORKS FOR SUPPLYING WATER FOR MUNICIPAL, NON MUNICIPAL, INDUSTRIAL AND DOMESTIC USE.

 

 

 

This ordinance repeals all previous Water Ordinances

 

 

 

 

 

BE IT ORDAINED: By the City of New Underwood, Pennington County, South Dakota, that Ordinance Number 06-03 read as follows: 

SECTION 1. (a) The City of New Underwood does hereby establish and shall construct, equip, maintain and operate a system of waterworks for supplying water for municipal, industrial, and domestic use in accordance with and as authorized by Chapter 208, Session Laws of South Dakota 1945 as amended by Chapters 193 and 194, Sessions Laws of South Dakota 1949.

 

                        (b) Forthwith upon the completion of the municipal waterworks system heretofore ordered to be established and constructed said system shall be operated as a public utility of the municipality, and the rates, charges, rentals, regulations, and provisions of this ordinance shall be and remain applicable thereto until duly amended. The municipality reserves the right and power to amend this ordinance as the need or propriety thereof arises, and the rates and charges herein specified may be increased or decreased, provided that as so amended, the gross receipts of said system shall be sufficient each year to pay all costs of operation and maintenance, depreciation, principal of and interest on obligations payable out of the revenues of said system and to establish such reserves as may be required. The monthly rates may be changed by resolution of the governing body. (Refer to resolution #09-01; Within City: Minimum rate - $18.00 1st 3,000 gallons and $4.50 per 1,000 gallons thereafter; Outside City limits: Minimum rate - $36.00 1st 3,000 gallons and $5.50 per 1000 gallons thereafter. Radium Removal fee of $1.50 per 1,000 gallons (Resolution 10-03).

 

                        (c) Water bills become delinquent after the 11th of each month. 

SECTION 2. The cost of original installation of all plumbing between the main and any service devices maintained by the consumer and all extensions made to such plumbing as well as all repairs, shall be borne entirely by the customer, although such plumbing and services as well as the meters shall at all reasonable times be subject to inspection by duly authorized representatives of the municipality. In event any repairs found to be necessary by such representative shall not be made promptly the municipality shall be authorized to discontinue service. 

 

SECTION 3. Every customer shall provide a suitable place where a meter can be installed and the municipality shall install and maintain the same. All customers are responsible for meters freezing and will pay for a new meter. Rural customers will install a meter pit, at their expense as close to the property line as possible.

 

SECTION 4. All receipts from the operation of the water system shall be deposited in a separate bank account and shall be credited to a water fund. There shall be maintained within said fund the following sub-accounts:

 

                        (a) An Operation and Maintenance Account to which shall be credited all receipts from the current operations of the system and out of which shall be paid necessary costs of current operation and maintenance. A sufficient balance shall be kept in said account for working capital to cover the cost of one month's current operations. The remainder in such account shall be transferred to the other sub-account as hereinafter provided.

 

                        (b) A Depreciation Account to which shall be credited 2% of the total water sales monthly, to increase to 10% of the total water sales monthly on January 1, 2007 and which shall be used solely to pay for capital improvements necessary to offset current depreciation or to retire bonds issued for capital expenditures. This percentage amount may be changed by the Common Council by resolution as the need arises.

 

                        (c) A Revenue Bond Account to be used solely for the payment of principal of interest on revenue bonds authorized hereunder. From the net revenues there shall be credited to such account each month one-twelfth of the amount required to meet principal and interest payments due during the ensuing twelve months, which amount shall be a first charge upon the said net revenues. There shall be credited to said account from the proceeds from the sale of bonds issued hereunder a sufficient amount to pay interest on such bonds during the construction period.  

 

SECTION 5. It shall be unlawful for any person to use water from any premises without the consent of the owner, or to use water from the municipal water system except to be drawn through a meter installed by the municipality. No person except an authorized representative of the Director of Public Works shall turn on or off or tamper with any water service connection. 

 

SECTION 6. Every person applying for water service from municipal system, and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations, and rates contained in the resolution or ordinances of the municipality and to any modification thereof, and to all new rules, regulations, or rates duly adopted. 

 

SECTION 7.   Any customer, prior to receiving any municipal utility service, shall deposit with the Finance Officer a utility deposit. The amount of the deposit will be $150.00. The dollar amount of this deposit shall be determined by the Common Council by resolution 

 

SECTION 8. The municipality reserves the right to discontinue service to any or all customers of the water system, without notice, when necessary for repairs or for payment of bills or for disregard of rules and regulations affecting the service. When service has been discontinued for nonpayment of bills or for disregard of regulations, it shall not be resumed except upon payment of the bills, amount to be determined by the Mayor, together with penalty fee of $20.00 per month thereon, and full compliance with the regulations, and the payment to the City of a fee of $10.00 for re-establishing service. If after regular business hours the charge will be $25.00 unless waived by a City Employee.

 

If account is two months past due, a late notice will be sent on the 15th. If account is not brought current by the 25th of the month the water will be shut off on the last day of the month, unless it is the week-end, then it will be shut off the following Monday. 

 

SECTION 9. There shall be a meter in every service line attached to the water mains.   A double banded saddle, corporation, curb stop on property line, and a dual check valve on the house side of the meter will be installed on the service line, at the sole expense of the customer. If a curb stop is inaccessible, the City will notify the property owner to correct the problem within 7 days, at the property owners expense. If not repaired within this time frame the City will repair and bill the property owner at the current City rate. All service pipes connected with the water system from the water mains to the water meters shall be approved by the Director of Public Works at the customer’s expense. All single family units with a service line to the City mains will have a meter and pay monthly charges. Any abandoned buildings and all other buildings on private property such as car garages, storage buildings, etc. on private property with a service line connection to City mains will have a meter and pay monthly charges if asked to be turned on. All apartments, duplexes, Mobile Home Courts, campsites, etc., i.e. those being of more than one family unit, will have at least one service line and meter and will pay a minimum charge set by Resolution of the City Council to be consistent with other users within the Municipality. 

 

SECTION 10. Any property owner in the City of New Underwood who is renting property or allowing said property to be used without financial gains will hereafter, and henceforth, be responsible for utility deposit and for any utility fees which have not been paid by the person(s) residing on said property. i.e. Water, Sewer, Garbage

 

(a) It shall be the responsibility of the owner of rental property on the City of New Underwood water system to inform the Finance Officer when the property becomes vacated, to make arrangements for the water to be either left on or turned off. If notice is not given and the City determines that the house/property is vacant, the City will discontinue service and not be held responsible for any damage to the water heater or other property resulting from this action. If the owner wishes the water to be left on between renters, or when they are gone for extended periods of time, a meter deposit in the name of the owner must be on account with the City and can be classified as on vacation with no minimum water and sewer rate for that time being due. The renter shall be made aware that they must come to City Hall to establish an account. 

 

SECTION 11. If the Mayor or Council decrees an emergency then it is hereby declared to be unlawful for any person in this municipality, or any person owning or occupying premises connected to the municipal water system, to use or allow to be used during a fire, any water from said system except for the purpose of extinguishing said fire, and, upon sounding of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed and that no water is used, except for avoiding extreme health or safety emergency, during said fire. 

 

SECTION 12.  Unless otherwise provided by ordinance amendatory hereof of supplemental hereto, the rates, charges, and rentals for service and benefits furnished by the water system shall be as follows: 

                        (a) Owners or occupants of premises connected with the water system shall pay for water at a rate to be determined by the Common Council by Resolution and that rate shall not be adjusted more than once within any calendar year. (Reference- Resolution #98-05) 

                        (b) Any senior citizen who is 59 1/2 years of age or older may apply to the Finance Officer for a special minimum rate charge which is made available to Senior Citizens, providing the utility deposit is in that person's name and that person is, in fact, residing at the residence, for which the special minimum rate is being requested, and further providing that the Common Council has approved a specific minimum rate for Senior Citizens by resolution. (Reference- Resolution #84-14, 00-04 0-1000 gallons $6.00; 1,001-2000 gallons $12.00; 2,001 gallons & over the standard rate schedule will apply.) 

                        (c) The Common Council reserves the right to make water available to non-municipal users as may be requested and approved, (Ref.- Res. #74-7, 81-11) The City of New Underwood reserves the right to refuse water service to any property outside the City limits. 

                        (d) The Mayor shall have the power to discontinue water service to non-municipal users whenever necessary if, in their opinion, water availability is too low to meet municipal needs. (Ref.- Resolution#74-7) (*Note: Refer to Boydston & Bills addendums to 1988 contracts.) 

                        (e) The Mayor will have the power to invoke all necessary water restrictions within or without the corporate limits if they feel that the potential for an emergency exists. These restrictions may remain in force until the next meeting of the Common Council. (Ref. - Resolution #74-7) 

                        (f) Water Service can be put on vacation status upon written request and approved by the Mayor/finance staff. 

SECTION 13. (a) All new or additional hook-ups to the municipal water system shall first be approved by the Common Council prior to ANY excavation.

 

                        (b) All new or additional hook-ups to the municipal water system shall be approved and inspected by the Director of Public Works at the time such hook-ups are made.

 

                        (c) A minimum of $250.00 within the City Limits and $750.00 out of the City Limits will be paid to the Finance Officer for a new or additional availability fee to the municipal water system prior to approval by the Common Council. However, the person requesting the service must reimburse the City for any cost over and above this specified amount prior to service being turned on. Such application shall give an exact description or location of the premises to be served. 

                         (d) An impact fee for customers outside the City limits of $1,000.00 will be due and payable prior to service being turned on. 

SECTION 14. PENALTY CLAUSE. Any person failing or refusing to follow the rules and regulations relating to this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $100.00. 

SECTION 15. Each of the sections, subsections, and provisions of this ordinance and each application thereof to any person or circumstances is hereby found, determined and declared to be independent and severable, and in the event any thereof be found or held to be invalid, such finding or holding shall not affect the validity of any other section, subsection, provision, or application of said ordinance. 

Section 16. NON MUNICIPAL USERS (outside city limits) 

Non Municipal users will comply with all of this ordinance including the more restrictive conditions set forth as follows (when there is a conflict in the wording the more restrictive requirement will apply): 

  1. All costs associated with joining the City of New Underwood water system will be borne entirely by the customers. The original installation of mains or extending mains will be borne entirely by the customers, unless the customer requesting municipal water service is another taxing entity, and then the City Council may, on an individual basis, cost share the project with the other taxing entity, and all mains will become property of the City of New Underwood. Mains will be a minimum of six inches, the exact size will be determined by the City Council. Mains will be placed in dedicated right of way whenever possible. (Refer to section 2 on service lines). The New Underwood City Council will have total control over the exact location of water mains.
  2. The rural impact fee and availability fee are per household and per pasture tap, one fee does not give permission to take the water to other areas without applying and paying appropriate fees.
  3. In case of water shortages, the non municipal users could have water service discontinued (refer to section 12).
  4. Pay the minimum rate per home plus the rate per thousand over the minimum at the rural rate, as set by resolution (refer to section 1).
  5. Water cannot be resold to others.
  6. If the property is contiguous to the City limits at the time service is requested it must be annexed prior to approval of water service. If the property is not contiguous to the city limits at the time service is requested, the owners of all property served shall, pursuant to SDCL 9-4-4.1, enter into an irrevocable agreement and covenant running with the property. The covenant agreement is that the property owner will agree to the voluntary annexation of the property at such time as the property becomes contiguous to the City limits. This ordinance does not imply that below standard streets, water & sewer lines will be accepted on the system and improvements paid by the City.
  7. It is understood that each request for water service will have its own unique circumstances and will be handled on an individual basis with the Council staying within the above mentioned guidelines. 

 

Exhibit A. Availability Form 

 

Exhibit B. Shut off Form 

 

(seal) 

                                                                                           Benita R. White, Mayor 

 

Meri Jo Anderson, Finance Officer                                                  

  

 

First Reading: May 3, 2006

 

Second Reading: May 17, 2006

 

Publish Date: May 25, 2006

 

Effective Date: June 14, 2006                                                                                        

  

 

                                                                                                                           Exhibit A

 

AVAILABILITY

 

MUNICIPAL UTILITIES

 

I, _________________________________, hereby request and direct the City of New Underwood’s permission to hook up to the Municipal _______________________________ at the following location______________________________________________ on ________________(date). 

 

               Residential Tap 

 

               Pasture Tap 

 

I state that I will abide by all ordinances, resolutions, and regulations dealing with the water or sewer systems, whichever is applicable.

 

I also state that prior to extending water or sewer to another location off this service line I will apply to the City Council, in advance, for permission to make any alterations and pay the appropriate fees. 

 

Signature of Owner _____________________________________ 

 

Signature of City Official _________________________________ 

 

Date____________________ 

 

NOTE: The availability fee is $250.00 (inside City limits) $750.00 (outside City Limits) for water and $250.00 for sewer within City Limits. (A detailed drawing showing the exact location of connection/connections on the property, i.e. service lines, is attached. If alterations are made without prior Council approval you can be fined up to one hundred dollars a day. The Director of Public Works can inspect any changes.)

 

 

 

                                                                                 Exhibit B

 

                                                                

 

SHUT OFF/VACATION

 

MUNICIPAL UTILITIES 

 

 

I, _________________________________, hereby request and direct the City of New Underwood to discontinue Municipal water service to (name)_______________________________ at the following location (address)____________________________ on ________________(date). 

 

I, ________________________________, hereby request and direct the City of New Underwood to put our City services on vacation at the following location (address) __________________ on (date)____________________. I further state I will hold the City harmless for any water damage done by requesting the water not be shut off, but just put on vacation. 

 

I state that I will abide by all ordinances, resolutions, and regulations dealing with the water system. 

 

 

 

Signature of Owner________________________________________________ 

 

 

Signature of City Official_______________________________________________ 

 

Date____________________

                                                       

 

 



REVISED SEWER ORDINANCE NUMBER 06-04
 
ARTICLE III - UTILITIES
B. UTILITY ORDINANCE # 2 - SEWER

 

ORDINANCE PRESCRIBING RATES, CHARGE, RENTALS AND REGULATIONS FOR OPERATION OF THE MUNICIPAL SEWER SYSTEM

 

This ordinance repeals all previous Sewer Ordinances

 

BE IT ORDAINED: By the City of New Underwood, Pennington County, South Dakota, as follows:

 

SECTION 1. Forthwith upon the completion of the Municipal Sewer System heretofore ordered to be established and constructed said sewer system shall be operated as a public utility of the municipality, and the rates, charges, rentals, regulations and provisions of this ordinance shall be and remain applicable thereto until duly amended. The Municipality reserves the right and power to amend this ordinance as the need or propriety thereof arises, and the rates, penalties and charges may be increased by Resolution, but not more than once in any calendar year. (Refer to Resolution #09-12 Sewer rate: Residential - $14.60 a month; Commercial - $1.50 per 1,000 gallons, minimum charge is $14.60). The gross receipts of said system shall be sufficient each year to pay all costs of operation and maintenance, depreciation, principal of and interest on obligations payable out of the revenues of said sewer system and to establish such reserves as may be required. 

SECTION 2. Any person desiring sewer service from the sewer system of the municipality for premises not theretofore connected with the system shall apply for connection on a form provided by the municipality (Exhibit A attached). Such application shall give an exact description or location of the premises to be served, and a minimum of $250.00 availability fee shall be filed with the Finance Officer, and then the application shall be considered by the Common Council. However, the person requesting the service must reimburse the City for any cost over and above this specified amount prior to any service being turned on. Such availability application, payment of availability fee, and City Council approval shall entitle the applicant to connection with the sewer system. A saddle will be installed to meet the Director of Public Works' specifications. Such hook up charge shall be applicable only to premises fronting or abutting streets or alleys wherein Municipal sewer mains are laid. In the event that application is received for service to other premises, the charge shall be determined by the governing body at the time such application is granted, but in no event shall be less than the actual cost thereof to the municipality. 

SECTION 3. Each premise shall have a separate and distinct service connection. 

SECTION 4. The cost of original installation of all plumbing between the main and any service devices maintained by the consumer and all extensions approved by the Common Council made to such plumbing, as well as all repairs, shall be borne entirely by the customer. 

SECTION 5. Every person applying for sewer service from the Municipal system, and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations and rates contained in the resolutions or ordinances of the Municipality and to any modification thereof and to all new rules regulations, or rates duly adopted. 

SECTION 6. Specific requirements:

(a) Rain water leaders, roof leaders, surface drains, shop or garage floor drains, or ground water drains shall not be connected to the Municipal Sewer System.

(b) Independent System: each house sewer and drainage system shall be independent of any other building, without approval of the Common Council.

(c) Material: All house sewers shall be constructed of 3034 P.V.C. minimum required. All bells glued and materials used must meet the Director of Public Works specifications.

(d) Size of house sewer: no building or house sewer for a commercial building or a multiple dwelling shall be less than State Code requires.

(e) Grades for house sewers: Unless otherwise authorized, all house sewers shall have a grade of not less than one-eighth (1/8) inch per foot. A grade of one-fourth (1/4) inch per foot shall be used whenever practical.

(f) Use of old house sewers: Old house sewers or portion thereof may be approved for use by the Common Council. Whereas, no old cesspool or septic tank shall be connected to any portion of a house sewer that is also connected to the public sewer. 

SECTION 7. Unless otherwise provided, the rates, charge, and rentals for service and benefits furnished by the Municipal Sewer System shall be determined by a duly approved Resolution of record. ((Refer to Resolution #09-12 Sewer rate: Residential - $14.60 a month; Commercial - $1.50 per 1,000 gallons, minimum charge is $14.60). 

SECTION 8. Any property owner in the City of New Underwood who is renting property or allowing said property to be used without financial gains will hereafter, and henceforth, be responsible for utility deposit and for any utility fees which have not been paid by the person(s) residing on said property. i.e. Water, Sewer, Garbage

(a) It shall be the responsibility of the owner of rental property on the City of New Underwood water system to inform the Finance Officer when the property becomes vacated, to make arrangements for the water to be either left on or turned off. If notice is not given and the City determines that the house/property is vacant, the City will discontinue service and not be held responsible for any damage to the water heater or other property resulting from this action. If the owner wishes the water to be left on between renters, or when they are gone for extended periods of time, a meter deposit in the name of the owner must be on account with the City and can be classified as on vacation with no minimum water and sewer rate for that time being due. The renter shall be made aware that they must come to City Hall to establish an account. 

SECTION 9. PENALTY CLAUSE. Any person failing or refusing to follow the rules and regulations relating to this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $100.00. 

SECTION 10. STANDARD DISCLAIMER. Each of the sections, subsections, and provisions of the ordinance and each application thereof to any person or circumstances is hereby found, determined and declared to be independent and severable, and in the event any thereof be found or held to be invalid, such findings or holdings shall not affect the validity of any other section, subsection, provision, or application of said ordinance. 

SECTION 11. No privately owned property outside the City of New Underwood may be connected to the City Sewer System. 

SECTION 12. The City of New Underwood reserves the right to refuse sewer service to any property outside the City limits.

 

Exhibit A. Availability Form

 

(seal)

                                                                                          Benita R. White, Mayor 

Meri Jo Anderson, Finance Officer

                                                          

 

First Reading: May 3, 2006

Second Reading: May 17, 2006

Publish Date: May 25, 2006

Effective Date: June 14, 2006 

 

                                                                                                                       Exhibit A

AVAILABILITY

MUNICIPAL UTILITIES

I, _________________________________, hereby request and direct the City of New Underwood’s permission to hook up to the Municipal _______________________________ at the following location______________________________________________ on ________________(date).

 

   ______   Residential Tap 

   ______  Pasture Tap

 

I state that I will abide by all ordinances, resolutions, and regulations dealing with the water or sewer systems, whichever is applicable.

I also state that prior to extending water or sewer to another location off this service line I will apply to the City Council, in advance, for permission to make any alterations and pay the appropriate fees.

 

Signature of Owner _____________________________________

 

Signature of City Official _________________________________

 

Date____________________

 

NOTE: The availability fee is $250.00 (inside City limits) $750.00 (outside City Limits) for water and $250.00 for sewer within City Limits. (A detailed drawing showing the exact location of connection/connections on the property, i.e. service lines, is attached. If alterations are made without prior Council approval you can be fined up to one hundred dollars a day. The Director of Public Works can inspect any changes.) 

 

 

 

 

Note: underlines are new additions and strikethroughs are the deletions from Ordinance Number 13-03.

REVISED GARBAGE ORDINANCE NUMBER 16-02
 
ARTICLE III - UTILITIES
UTILITY ORDINANCE #3 - GARBAGE

 

 

            AN ORDINANCE OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA TO DEFINE AND REGULATE THE COLLECTION AND DISPOSITION OF GARBAGE, RUBBISH, AND REFUSE, AND CHARGES THEREFORE. 

BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA THAT ORDINANCE NUMBER 16-02 READ AS FOLLOWS: 

ARTICLE I. IN GENERAL. 

Section 1: Definitions

(a) The word "household garbage" as used in this ordinance, shall mean kitchen refuse (animal & vegetable matter), cans, bottles, paper, ashes (no hot ashes shall be placed in any garbage container), cardboard no bigger than 2ft by 2ft pieces boxes, and other waste materials ordinarily originating on family domestic or commercial premises, and items which can be, and are, placed in regulation garbage containers  as provided for in this ordinance.  The word "household garbage" shall not include flammable materials as described in Section 5.

(b) A "family domestic unit" for the purpose of this ordinance shall be deemed to be and mean any single independent family unit, irrespective of the number of persons constituting such family.  Each independent family unit living in multiple dwelling residences, apartment houses, or any types or residences, including mobile homes, shall each be deemed a family domestic unit for the purposes of this ordinance.

A family domestic unit will also include home occupations (reference Article IV - Planning and Zoning - Section V) and will apply to any single family residence which operates a business from that structure.

(c) A "commercial customer" for the purpose of this ordinance shall be deemed to be and mean:  anyone who does not fall under the definition of family domestic unit.  Each commercial venture is separate and distinct for the purpose of this Ordinance whether they sit on the same property legal description or not. Commercial Ventures contained within one building and serviced by one water meter are considered one commercial customer. If more than one dumpster is required for a commercial customer, this determination is to be made by the Director of Public Works, based on the amount of garbage, by volume, they produce. If a commercial customer does not generate the volume of garbage necessary to warrant a dumpster they must petition the City Council for the special commercial garbage rate.

(d) A “rural customer” for the purpose of this ordinance shall be deemed to be and mean anyone who does not live within the City of New Underwood City limits.

(e) When a question arises on which classification you are, the determination will be made by the Common Council by simple motion. (Exemptions may be considered for Churches and non-profit organizations.) 

Section 2: Littering

(a) Any person who willfully causes or allows any litter to be deposited on public property shall be cited for littering.

(b) It is unlawful to place your residential or commercial garbage or rubbish in someone else's business dumpster (State Law No. 34A-7) will be enforced. 

Section 3: Garbage truck pickup 

Regular household garbage, paper of all kinds: newspaper, magazines, and office paper. , and paint cans that have been allowed to dry out. 

Section 4: Disposition of heavy accumulations at the New Underwood Landfill 

Unauthorized use of the landfill or trespassing are not allowed. As a result of illegal dumping any fine imposed on the City by the EPA will be passed onto the perpetrator.

The dump is open the first and third Saturdays of the month from 8:00 a.m. to 12:00 noon, at the discretion of the Director of Public Works concerning road or weather conditions.

The charge is $20.00 per pickup and $50.00 per truck or trailer load including State sales tax, determined by City Office personnel. (All garbage customers paying City Garbage fees are exempt from this charge.) 

All materials must be separated as follows:

(a) Mulch:  grass clippings or leaves that have been removed from carrying container.

(b) Burn pit:  trees, clean lumber, clean wooden building material

(c) Freon containing units:  refrigerators, air conditioners, and freezers.  There is a $15.00 disposal fee for City Residents, $20.00 disposal fee for Rural Residents for these items to be accepted at the dump. (This option is available only to residents of the Community.)

(d) Wire: barbed, woven, and electrical

(e) Metal: white goods, car bodies, water heaters, etc.

(f) Concrete, bricks, cinderblocks, rocks

(g) Waste tires.  There is a disposal fee of $5.00 for tires under 16 inch diameter, $10.00 for tires 16 inches and greater and $15.00 for tractor tires, no tires over 18/438 will be accepted.  This fee is in addition to other dumping charges.  (Example:  $20.00 per pick up load plus an additional charge of $5.00 per tire.) All prices include applicable Sales Tax.  (Price changes and hours of dump may be changed by Resolution.)

Section 5: Special attention material   (Responsibility of Customers) 

(a) Motor oil may be taken to Public Works Shop.

(b) Asphalt Shingles and tires  - must go to Rapid City Landfill.

(c) Vehicle batteries may be turned in at Public Works Shop.

(d) Chemicals, insecticides must be used for the purpose intended and disposed of according to the label.  Advice on hazardous materials is available by phoning (605) 394-4180.

(e) Highly flammable or explosive materials shall be disposed of as directed by the Director or Public Works at the expense of the owner of possessor thereof.

(f) Paint cans may be taken to Public Works Shop, do not put at the NU city landfill.

(g) All household garbage must go in the garbage truck it is not allowed at the NU city landfill, note collections below.

 

ARTICLE II: COLLECTION REGULATIONS

Section 1: Frequency of collection

(a) The collection of family domestic & commercial garbage shall be made at least once per week, provided that the garbage material is properly stored for collection in containers complying with the provisions of this Article. Containers will be put out by 6 A.M. on the collection day. 

Section 2: Garbage containers required.

(a) All family domestic units or commercial establishments where kitchen garbage accumulates will be provided one or more plastic garbage cans, with  hinged lids, capacity is to be 65 to 95 gallons (if necessary holes must be drilled into the containers to allow liquid to seep out). No barrels or lead-lined cans will be allowed.

(b) Garbage cans shall be kept closed except during the deposit of garbage. 

 

Section 3: Maintenance and replacement of garbage containers.

(a) Every garbage can or container required by this Article shall be the responsibility of the user and maintained by the owner or user in as sanitary condition as possible and shall be thoroughly cleansed as needed by washing, scalding, or otherwise.

 

Section 4: Location of garbage containers.

 

For Family Domestic Units: On the days of the garbage collection, the garbage shall be put within four (4) feet of the edge of the City Street and not impede traffic. The container is to be four (4) feet from trees, cars, mailboxes, and any other objects and if more than one (1) container they have to be at least four (4) feet apart. Special consideration will be given to handicapped and elderly individuals. If requested, plastic dumpsters that service more than one customer shall be placed at a location determined by the Director of Public Works.

No garbage collection vehicle will use private driveway or property in collection garbage under the provisions of this Article. (Exceptions:  Street on the east of Sunny Haven between Pine & Oak, and Pine Street south of Pearson’s Mobile Home Park.)

For Rural Customers: City personnel will designate where their garbage will be placed. 

Section 5: Billing and Collecting Procedures

(a) Such charge for collection and disposal of garbage shall be payable by and chargeable to, either the owner or occupants of the property.  Such charges shall be noted on the monthly water or sewer billing and shall be immediately due and payable upon such billing date and shall be payable with and in addition to such water or sewer bill; and, in the event of non-payment of said garbage collection and disposal charge, water service may be discontinued by the City at such premises.

(b) When a family domestic unit or a commercial customer is unoccupied and not generating garbage, the garbage fee may be waived, upon notice to City Hall.  The family domestic unit or a commercial customer must be empty for at least thirty (30) days.

(c) Whenever the collection of garbage, trash, and refuse from any premises in the City shall exceed the normal amount as compared to similar circumstances for such premises so that the fee prescribed for such collection is not fair and reasonable as applied to that particular premises, the Common Council may establish a special rate therefore.

(d) The City requires monthly garbage fees from every family domestic unit and commercial customer within the City limits of New Underwood.

(e) The City of New Underwood provides its own collection service.

(f) Garbage fees are as follows and may be changed by Resolution:  (13-02) $20.00 per month for Family Domestic Unit;   $44.00 per month for Commercial Customer or $44.00 per dumpster whichever is greater;  $24.00 per month for Special Commercial Rate; $27.00 per month for Rural Customers with a $60.00 per month for dumpsters; $10.00 per extra dump of dumpsters.  (These prices include State Sales Tax).

Reference Resolution Number 13-02: The following rates will be effective on September 1, 2013, which are due and payable October 1, 2013: 

ARTICLE III: PENALTY CLAUSE 

Any person failing or refusing to follow the rules and regulations relating to this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined $100.00.

 

(Seal)

                                                                                                                       Jack W. Trullinger, Mayor

 

Meri Jo Anderson, Finance Officer

 

First Reading: July 6, 2016

Second Reading: July 20, 2016

Publish date: July 28, 2016

Effective Date: August 17, 2016

 

 

 

 

REVISED CATV FRANCHISE ORDINANCE NUMBER 04-03

Replaces Old Ordinance Dated March 30, 1983

 

ARTICLE IV - UTILITIES

UTILITY ORDINANCE #4 - CATV FRANCHISE

ORDINANCE NUMBER 04-03

AN ORDINANCE OF THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA TO DEFINE AND REGULATE THE CABLE TELEVISION FRANCHISE AGREEMENT THEREFORE,

BE IT ORDAINED BY THE CITY OF NEW UNDERWOOD, SOUTH DAKOTA THAT ORDINANCE NUMBER 04-03 READ AS FOLLOWS:

(SEE ATTACHED SHEETS 1-10)

 

 

(Seal)

Benita R. White, Mayor

Meri Jo Anderson, Finance Officer

First Reading: May 19, 2004

Second Reading: June 2, 2004

Publish date: June 9, 2004

Effective Date: June 29, 2004

 

CHAPTER

CATV FRANCHISE

Section 1 Grant of Franchise

Section 2 Term

Section 3 Forfeiture

Section 4 Ordinance Revocation

Section 5 Compliance With Law

Section 6 Conflict With Laws

Section 7 Preferential or Discriminatory Practices

Section 8 Removal on Subscriber’s Request

Section 9 Operation and Maintenance

Section 10 Program Presentation

Section 11 Sale or Lease of Franchise

Section 12 Grantee Without Recourse

Section 13 Grantee’s Rates and Regulations

Section 14 Grant or Right of Way

Section 15 Right to Excavate

Section 16 General Provisions

 

Section 1 Grant of Franchise

An Ordinance granting to Golden West Cablevision, Inc., of the City of Wall, County of Pennington, State of South Dakota, hereinafter referred to as Grantee, a franchise to install, provide, and operate a Community Antenna Television System as defined by SDCL 9-35-16 within the corporate limits of the City of New Underwood, South Dakota, and providing the regulation thereof.

Be it Ordained by the City of New Underwood, County of Pennington, State of South Dakota:

The City of New Underwood, in the County of Pennington, State of South Dakota, herein referred to as Grantor, hereby grants to grantee a franchise of scope and description as follows:

Grantee has the right and authority to conduct a Community Antenna Television System within the corporate limits of the Grantor. Grantee may build, construct, equip, own, maintain, and operate along, under, or over present and future streets, alleys and other public places within the corporate limits of Grantor such wires, lines, poles, cables, appurtenances, fixtures, and other apparatus as are reasonably necessary for operating the system.

Grantee also has the right and authority to lease, rent, or in any other manner, obtain the use of, and use within the corporate limits of Grantor, wires, lines, poles, cross-arms, cables, appurtenances, fixtures, and other apparatus of any and all holders of public permits, public licenses, or franchises granted by the Grantor or any other public entity. Any such use shall be subject to the terms and conditions of the franchise granted by this Ordinance and also subject to all existing and further Ordinances, resolutions, and regulations of Grantor.

Grantee also has the right to buy, purchase, lease, erect, equip, maintain, own, and operate plants, machinery, equipment, and buildings that are necessary to maintain and operate the community antenna system and the right to buy, hold, own, and lease, any real estate necessary to conduct such business.

The terms and conditions of the franchise shall also be applicable to any facilities installed or operated by Grantee before the effective date of the franchise. In the event Grantor grants a franchise for CATV to another person or entity with terms and conditions that are more favorable than those contained within this franchise, the new terms and conditions shall be applicable to Grantee’s franchise.

“Community Antenna Television System (CATV)”, as used herein, means antennas, coaxial cables, amplifiers, drop lines, other conductors, and other equipment of facilities not limited to the foregoing, including any of the same, and any of the services performed by the use of the same furnished by any public utility or other person or entity, whether pursuant to tariffs or any other arrangement, necessary for or incidental to the receiving of television signals or the transmission thereof to customers at the selection of the Grantee for a consideration, or as a public service.

Subsection 1. Quality of Service. So far as it is within the control of Grantee, the Community Antenna Television System (CATV) shall be operated and maintained so that all customers shall receive signals of good technical quality and the full range of available services. Any complains as to the quality of the signals or services shall be promptly and satisfactorily investigated by Grantee, and adjustments required to correct situations disclosed by such investigations shall be made forthwith.

Any inability to make such corrections within five working days after receipt of complaint shall be reported in writing by the Grantee to the Grantor, who shall make, and Grantee shall comply with, any orders pertinent to such corrections.

Subsection 2. Quality of Installations and Facilities. All installations shall be of a permanent and durable nature and installed in accordance with good engineering practices and comply with all existing and future Ordinances, resolutions, regulations, and orders of Grantor so as to not interfere in any manner with the right of the public or individual property owners. The system shall not interfere with the travel and use of public places or facilities by the public, and during the construction, repair, or removal thereof, shall not obstruct or impede traffic. Any transmission facilities of the community antenna system or utilized in connection with a system anywhere within the corporate limits of Grantor, either on public or private property, shall consist of coaxial cables of low radiation characteristics, satisfactory to and approved by Rural Utilities Services (RUS).

The Community Antenna Television System and any facilities utilized in connection therewith, either on public or private property, shall be installed and operated in such a manner as not to cause interference with the operation of any public safety radio stations or systems or other radio stations or systems operated by Grantor. Should any such interference develop, Grantor may require that any and all operations of Grantee under the franchise be immediately suspended and not be resumed until the cause of interference has been corrected to the satisfaction of Grantor. Following reasonable notice to Grantee, Representatives of the Grantor shall have the right to enter any and all premises and make any suitable test in enforcement of this provision.

Subsection 3. Emergency Use of Facilities. Any and all Community Antenna Television Systems facilities shall, in areas serviced, be made available without charge as a public service for use by the Communications Division of the Civil Defense and Disaster Corps of Grantor or any other public agency performing civil defense or disaster services.

Subsection 4. FCC Regulations. Grantee may only deliver to any customer the signal of a television station that is permitted or authorized to be delivered by any Community Antenna Television System operating in the City of New Underwood, State of South Dakota, under the rules and regulations of the Federal Communications Commission or any successor thereof, as established by such commission from time to time.

Any modification of the provisions of the federal franchise standards resulting from amendment of the standards by the Federal Communications Commission must be incorporated into this franchise within one year of adoption of the modification, or at the time of franchise renewal, whichever occurs first.

Subsection 5. Limitation of Franchise Authorization. The franchise granted by the Ordinance confers authorization on Grantee to conduct operations and erect, maintain, use, and receive services from facilities designed and intended to receive and distribute only those television signals telecast from properly authorized television stations operating pursuant to permission obtained from the Federal Communications Commission, or any successor thereof, and also to receive and deliver FM and multiplex radio signals from those FM and multiplex radio stations that are located in the general area; provided however, that Grantee may originate and/or provide to its customers informational and other program material on one or more channels of its system.

This franchise does and shall permit the Grantee to transmit to any customer any program or programs for which a separate charge is made to such customer for receipt thereof; provided that one or more separate channels be set for such programming; and provided that no customer shall be required to accept such special programming to receive service under this franchise.

Section 2 Term

The franchise herein granted shall be for a term of twenty (20) years, renewable thereafter for terms of up to twenty (20) years on such terms and conditions as may be mutually acceptable to Grantor and Grantee; unless the same shall sooner expire by reason of other provisions hereof.

The term of this franchise shall commence on the first day of the first month next following the date of adoption, and Grantee hereunder accepts and agrees to comply with the terms and conditions of this franchise.

Section 3 Forfeiture

In addition to all other rights and powers reserved or pertaining to the Grantor; and Grantor reserves as an additional and as a separate and distinct remedy the right to revoke this franchise and all rights and privileges of the Grantee hereunder in any of the following events or for any of the following reasons:

(a) Grantee fails to comply after (30) days prior written notice with any of the provisions of the Ordinance granting this franchise, or has, by act or omission, violated any term or condition thereof; or

(b) Any provision of such Ordinance shall be finally adjudged by a court of law invalid or unenforceable and the City Board further finds that such provision constitutes at that time a consideration material to the continuance of the franchise granted herein: or

(c) The Grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged a bankrupt; or

(d) All or part of Grantee’s facilities should be sold under any instrument to secure a debt and are not redeemed by Grantee; or

(e) Grantee attempts to or does practice any fraud or deceit in its conduct or relations with the Grantor under this franchise; or

(f) City condemns all of the property of Grantee within the City by lawful exercise of eminent domain.

Section 4 Ordinance Revocation

No revocation provided for in Section 3 except for reason of condemnation as provided in (f) thereof, shall be effective unless or until the City Board shall have adopted an Ordinance setting forth the cause and reason for the revocation and the effective date thereof, which Ordinance shall not be adopted without thirty (30) days prior notice thereof to Grantee and an opportunity to Grantee to be heard on the proposed adoption of such proposed Ordinance. If the revocation as proposed in such Ordinance depends on a finding of fact, such finding of fact as made by the City Board after the hearing provided for, if requested by the Grantee, shall be conclusive.

Section 5 Compliance With Law

Grantee shall, at all times, during the term of this franchise, be subject to all lawful exercises of the police power of the City and to such reasonable regulations as the City shall prescribe for the general conduct of persons providing CATV service within the City.

Section 6 Conflict With Laws

Whenever any law of the State of South Dakota or the federal government or regulation of any agency of either shall be in conflict with and supersede any provision of this franchise, then for so long as such federal or state law or regulation shall be in force and effect, such franchise provisions shall stand suspended and be of no force and effect and Grantee herein shall not be required to comply with such franchise provisions.

Grantee shall notify the City of the existence and effective date of any such federal or state law or regulation as soon as it shall come to the knowledge of Grantee.

Section 7 Preferential or Discriminatory Practices

Grantee shall not, as to rates, charges, service, service facilities, rules, regulations or any other respect, make or grant any undue preference or advantage to any person, or subject any person to any undue prejudice or disadvantages, provided however, connection charges may be waived or modified during promotional campaigns of Grantee.

 

Section 8 Removal on Subscriber’s Request

On termination of service to any subscriber the Grantee shall promptly disconnect service to said subscriber at the pedestal.

Section 9 Operation and Maintenance

Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Interruptions for systems maintenance in so far as possible shall be preceded by notice and shall occur during periods of minimum use of the system.

In order to limit failure and malfunctions of the CATV system to a minimum and that the same might be promptly corrected and at all times after notice of malfunction or failure, Grantee shall consistently maintain an office which shall be open during normal business hours of every day, Monday through Friday, inclusive, which shall have a listed telephone number.

Failures and malfunctions of the system shall be corrected by the Grantee within seventy-two (72) hours after notice of such failure or malfunctions except or unless such failure or malfunction shall be over a substantial portion of Grantee’s system and shall have been caused by storm, fire, lighting, explosion, civil commotion or other similar catastrophe.

Section 10 Program Presentation

All programs of broadcasting stations carried by Grantee shall be distributed or transmitted to the subscriber in their entirety without delay from the time originally broadcast, and without additional announcements, advertisements or other deletions, additions, or changes to the programs, except nothing shall prohibit such changes or delays as may be required by law.

All programs of all broadcasting stations carried by Grantee shall be transmitted or distributed by Grantee without significant variation between the quality of the picture or sound transmitted or distributed by Grantee to the subscribers between the programs of one broadcasting station and another, so far as the same may be within the control of the Grantee.

Whenever any broadcasting system carried by Grantee shall transmit or broadcast any television or part thereof in color, it shall be the duty of Grantee to distribute or transmit said program in color to its subscribers.

Section 11 Sale or Lease of Franchise

This franchise shall be deemed a privilege to be held in personal trust by Grantee. It may not be sold, transferred, leased assigned or disposed of in whole or in part either by forced or voluntary sale, merger, consolidation, or otherwise without the prior consent of the City Board, expressed by resolution, and then only under such conditions as may therein be prescribed.

Grantee shall not have such property rights in this franchise that the same may be affected, transferred or disposed of voluntarily or involuntarily without the consent of the City Board.

Any transfer or assignment or other distribution of any of the rights under this franchise shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Finance Officer at least thirty (30) days after such transfer or assignment shall have been executed or effected and shall reflect therein the consent of the City Board thereto.

Grantee, however, shall have the right at any time, to mortgage the whole of its system or any part thereof provided that any such mortgage shall be on the express condition that the rights of the mortgage holder shall be secondary to the rights of City under the terms of this franchise.

Section 12 Grantee Without Recourse

Grantee shall have no recourse whatsoever against the City for any loss, cost, or expense or damage arising out of any of the provisions or requirements of this franchise or because of the enforcement thereof by City, nor for the failure of City to have the authority to grant all or any part of this franchise.

Grantee expressly acknowledges the power and authority of the City to grant this franchise.

Grantee acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement whether verbal or written, by or on behalf of City or by any other third person concerning any term or condition of this franchise not expressed herein.

Grantee further acknowledges that it has read the terms and conditions of this franchise and is willing to abide by said terms and conditions.

Section 13 Grantee’s Rates And Regulations

The rates and charges of Grantee for its services to any subscriber shall be fair and reasonable and no higher than necessary to meet all costs of service, assuming efficient and economical management, including a fair return on the fair value of the properties devoted to such service, and such rates and charges shall not be unreasonable discriminatory.

Section 14 Grant Or Right of Way

Grantee is granted a right of way for the erection and maintenance of utility poles and the suspension of lines or cables; or the burial and maintenance of underground cables or ducts with all the appurtenances thereto over and under the highways, streets, alleys, and public grounds of the grantor under such reasonable regulations as may be provided by ordinance. In the event the Grantee deems it necessary to vacate highways, streets or alleys, Grantee may request Dedicated Easements for the vacated areas, which requests Grantor shall consider on a case by case basis. A “Dedicated Easement” must be recorded and must dedicate specific, ascertainable corridors of land for use by one or more utilities. Property owner entirely relinquishes his or her right of exclusion.

Section 15 Right to Excavate

For the purpose of carrying into effect the privileges granted hereunder, Grantee is authorized to make all necessary excavations in the streets, alleys, sidewalks, public and private grounds within the corporate limits of Grantor, but such excavations shall be carried out with reasonable dispatch and with as little interference and inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, sidewalks, public and private grounds to their original condition of safety and utility after excavation. In case of obstruction caused by Grantee shall remain longer than five (5) days after notice to remove it, or in case of neglect by Grantee to safeguard any dangerous places, Grantor may remove such obstruction or safe guard such dangerous places at the expense of Grantee.

Section 16 General Provisions

Subsection 1. Failure of City to Enforce Franchise. Grantee shall not be excused from complying with any of the terms or conditions of this franchise by any failure of City on one or more occasions to insist on or to seek compliance with any such terms or conditions.

Subsection 2. Time of the Essence. Whenever this franchise shall set forth any time for any action to be performed by or on behalf of Grantee, said time shall be deemed of the essence and any failure of Grantee to perform within the time allotted shall always be sufficient grounds for the City to revoke this franchise.

Subsection 3. Contest of Validity. Grantee acknowledges that the City has the power and authority to set the terms and conditions of this franchise and that said terms and conditions are valid.

(formerly Ordinance # D-4 1983)

 

Dated this __29th__Day of ____June 2004____

Passed First Reading ____May 19, 2004____

Passed Second Reading ____June 2, 2004____

Approved ____June 2, 2004____

Published ____June 9, 2004____

City of New Underwood

Attest Meri Jo Anderson                                                                          Benita R. White

City Finance Officer                                                                                Mayor

_

 

 

 

 

ORDINANCE NUMBER 16-07
ARTICLE III   SECTION C. UTILITY ORDINANCE #5
CITY OF NEW UNDERWOOD

 

AN ORDINANCE TO AMEND ORDINANCE NUMBER 85-11 DEALING WITH STREET LIGHTS OF THE CITY OF NEW UNDERWOOD

BE IT ORDAINED by the Common Council of the City of New Underwood, Pennington County, South Dakota that the following specified sections of Article III Section C are hereby amended as follows: (*Note: underlines are additions, strikethroughs are deletions)

 

  1. 250 watt street lights shall be placed on “A” Ave; Adams Ave.; and Box Elder Street 14/16 from “D” Ave to Janklow Ave and on 161st Street from 1416 to 22790 161st Street (Boondocks); at approximately 300 feet intervals except within the downtown area (“A” Ave.) between Elm Street and Linn street they shall be placed approximately 160 feet intervals. For the purpose of this Ordinance “A” Ave. shall be considered to end at the CW&N railroad track.

     5.    City Council will have 90 days from date this Ordinance becomes law to make all             necessary adjustments in the Municipal Lighting system by simple motion rather than by       amendment to this Ordinance.

 

 

                                                                                    Jack W. Trullinger, Mayor

(seal)

Meri Jo Anderson, Finance Officer

 

First Reading: September 21, 2016

Second Reading: October 3, 2016

Publish date: October 13, 2016

Effective Date: November 3, 2016