Minutes May 17, 2006

MINUTES OF THE

NEW UNDERWOOD CITY COUNCIL

A regular meeting of the New Underwood City Council was held on May 17, 2006 at 6:00 p.m. Present were: Mayor Benita White, Councilmembers: Jackie Dahlquist, Michael Green, Tyler Richter, and John Torrey. Also present: The Fin. Officer Meri Jo Anderson, Asst. Fin. Officer Teresa Gossard, Dir. Public Works Greg Hall, Asst. Dir. of Public Works Jack Trullinger, Officers Pryzmus and Hughes, Suzanne Jensen, Al Ackerman, RJ Madsen, and Dar Sether. Arriving later: Ron Racicky and Robert Row.

AGENDA

Moved by Dahlquist second by Green to approve the agenda. Aye: Dahlquist, Green, and Richter. Nay: none. Motion carried.

MINUTES

Motion by Torrey second Green to approve the May 3, 2006 minutes with the following correction: Councilman Torrey did not vote on the building permits. Aye: Dahlquist, Green, and Richter. Nay: none. Motion carried.

SWIMMING POOL

The Swimming pool will open May 27^th. There are three sessions of swim lessons starting June 5, 2006.

WATER DEPT.

DENR has contacted City Hall wondering what our plan is for lowering the radiological. The Mayor suggested we have a public meeting with USGS and DENR in attendance to answer any questions the public has. The most economical solution is to blend the old and new well water 50/50, and put up with the hard water and iron problem from the old well. The City Engineer is contacting Weston about pulling the pump in the new well.

LAW ENFORCEMENT

Officer Pryzmus thanked Economic Development Corporation for removing the house at the corner of “C” Ave. and Pine, since it was a safety hazard. He reported he has been working on juvenile issues and the speed trailer will be here next week.

CITY HALL

The Mayor reported that the purchase agreement, on the property we have a verbal agreement on, has been prepared by the attorney, but is not signed yet. The Seller assured the City Staff they will sign this agreement as soon as they have everything in order.

WATER AND SEWER ORDINANCES

Water Ordinance Number 06-03 and Sewer Ordinance Number 06-04 received their second readings.

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 #98-5; Within City: Minimum rate - $13.00 1^st 3,000 gallons and $3.50 per 1,000 gallons thereafter; Outside City limits: Minimum rate - $26.00 1^st 3,000 gallons and $4.00 per 1000 gallons thereafter.

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 dollar amount of this deposit shall be determined by the Common Council by resolution. (Reference- Resolution #83-10 meter deposit is $50.00)

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, together with penalty thereon, 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.

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. 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. 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 $4.35; 1,001-2000 gallons $8.70; 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)

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.

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 #89-5 Sewer rate: Residential - $6.50 a month; Commercial - $1.00 per 1,000 gallons, minimum charge is $6.50). 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 #89-5 Sewer rate: Residential - $6.50 a month; Commercial - $1.00 per 1,000 gallons, minimum charge is $6.50).

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

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

______ 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.

Signature of Owner _____________________________________

Signature of City Official _________________________________

Date____________________

After discussion it was moved by Green second by Richter to accept the second readings of Ordinance Numbers 06-03 and 06-04. Roll call vote. Aye: Dahlquist, Green, Richter, and Torrey. Nay: none. Motion carried.

FIRE SIREN

Ron Racicky, Fire Chief, spoke about the new fire siren. He stated that the reason they use the alarm is because the pagers are not 100% reliable. The siren will only sound for vehicle accidents, fires, and tornado warnings. There will be a tornado warning test May 23 & 24 at noon and 6:00 p.m. on both these days. The siren will also be set off on the second Saturday of each month for the fire meeting.

SPIKING PERMITS

SP#06-07; R.J. Madsen; July 1, 2006

06-08; Dar Sether; June 24, 2006

06-09; Suzanne Jensen; July 8, 2006

Moved by Green second Richter to approve these spiking permits. Aye: all. Motion carried.

COMMUNITY CENTER

Youth to Youth requested a reduction in the Community Center rent. Motion by Tyler second by Green to give them a reduced rate of $35.00 (the rental would have been $85.00). Aye: all. Motion carried.

BUILDING PERMITS

BP#06-10; Robert Row; 502 E. Pine; garage

06-11; Jeremy Gaudino; 205 S. Janklow; fence

06-12; Jim & Alana Szymonski; 101 S. Monroe; deck

06-13; Rikka & Scott Buchtel; 213 S. Janklow; Fence

06-14; Garrett Clapp & Debbie Bench; 503 Bailey; gazebo

Motion by Torrey second by Richter to approve these building permits. Aye: all. Motion carried. (06-12 was approved pending signature and payment.)

OTHER ITEMS DISCUSSED THROUGHOUT MEETING

The Financer Officer presented the Governmental Funds Sheets.
The fence ordinance will be looked at in June.
Bed Liner on the pick up will be sprayed on.
Mr. G. Hall helped with the installation of the new fire siren on Friday and helped Economic Development on Saturday in tearing down the house on “C” Ave & Pine.
A thank you card from Sether’s was presented.
First Responders meeting.

Being no further business the meeting was adjourned by the Mayor at 6:50 p.m.

(Seal) Meri Jo Anderson, Finance Officer

New Underwood, South Dakota

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Minutes May 17, 2006