Chapter 15 - Combined Public Utility System

CHAPTER FIFTEEN

COMBINED PUBLIC UTILITY SYSTEM

ARTICLE 1 - Utility Established

15.0101 Water and Sewer Utility Created

The waterworks and sewerage facilities now owned by this city or hereafter acquired, are hereby declared to constitute a public utility of the city, to be held, operated, maintained, improved, extended and administered as a single undertaking to be known as the "Combined Public Utility System".

15.0103 Service Charges - Use of

Said utility shall at times be so operated and maintained, and rates and charges for its services, facilities, products and by-products shall be as to make the utility self-supporting and self-perpetuating.

The foregoing shall not, however, be deemed or construed to preclude the City from defraying any part or all of the expense of any improvement, enlargement or extension of the water and sewer utility by the levy of special assessments or taxes or the issuance of general obligation bonds, whenever and to the extent that such action is authorized in the manner provided by law and is deemed fair and equitable by the governing body.

This ordinance is to establish a more equitable charge for the use of the city sewer, based on the amount of water used and the suspended solids (SS) and biochemical demand (BOD) daily loadings.

All who use the city sewer shall pay a monthly charge based on the amount of water used according to Appendix A below.

An additional amount will be charged to all nonresidential users discharging wastes into the city sewer with BOD and SS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users' above normal strength wastes. The surcharge rate structure for such above normal strength waste dischargers is according to Appendix B below.

Appendix A

Rate Schedule for Sewer Charges

(Amended)

Appendix B

Surcharge Rate Structure for Above Normal Strength Wastes

The City of Lakota, or its engineer, will determine the average total suspended solids (SS) and 5-day biochemical oxygen demand (BOD) daily loadings for the average residential user, or in lieu of such a determination, will consider the average residential strength wastes to be 200 mg/1 BOD and 250 mg/1 SS. The city will assess a surcharge rate for all nonresidential users discharging wastes with BOD and SS strengths greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such users' above normal strength wastes. Such users will pay an additional service charge of 1 cent per 1,000 gallons for each 25 mg/1 over 200 mg/1 of BOD and 1 cent per 1,000 gallons for each 25 mg/1 over 250 mg/1 SS.

15.0104 Policy on Improvements and Extensions

The cost of capital improvements, repairs, enlargements and extensions shall be paid in a manner as determined by the governing body of the city.

15.01042

Such portion of the cost of any improvement, extension or addition to the utility as is not paid by special assessments and taxes levied and actually collected in respect thereof shall be paid form the net revenues of the utility.

15.01043

Where due to any error or omission or to any special circumstances a special assessment in not levied against any property benefited by an improvement at the time of the construction thereof in accordance with the program described in this section, the city reserves the right to levy a supplemental special assessment upon such property or to impost and collect a special charge for the connection of such property or to impost and collect a special charge for the connection of such property with the utility system in such amount as shall be required to pay its just share of the assessable cost of such improvement.

15.0105 Utility Fund - Separate Accounts

All moneys received by the city in respect of the services, facilities, products and by-products furnished and made available by said utility, except collections of special assessments and taxes appropriated to improvement district funds and moneys borrowed for capital improvements, and all money, receipts and returns received from any investments of such earnings, shall be paid into the treasure of the City and kept in a special fund which shall be permanently maintained on the books of the city, separate and distinct from other funds. Management of accounts and moneys of the combined public utility shall be prescribed in the NDCC as amended, unless specifically provided for within this ordinance or direction of the governing body.

15.0106

Nothing herein shall be deemed to affect the obligation of the City, under the laws of the State of North Dakota, to levy ad valorem taxes upon all taxable property within its corporate limits for the purpose of paying a deficiency, in any, in the fund of any improvement district, at any time of the maturity of the last warrant drawn thereon, or at such earlier time as may be hereafter directed by such laws; provided that it shall be the policy of the city that the amounts of any deficiency tax levies so made shall be restored to the general funds of the city out of any surplus net revenues thereafter received, over and above the requirements of the several accounts of the Water and Sewer Utility Fund as stated in Section 15.0105 hereof.

15.0107

The city will at all time maintain books of account adequate to show all receipts and disbursement of the City respecting the utility, and application of such receipts to the purposes of the several accounts, which books of account shall be open to inspection by the holder of any obligation payable from any Revenue Bond Account or Improvement Warrant Account at any reasonable time, and that it will furnish a certified transcript therefrom of any information which any such bond or warrant holder may request, upon payment of a reasonable fee therefor.

The annual financial statement of the city required by the provisions of the North Dakota Century Code will include a statement as to the financial condition and the receipts and disbursements of the Water and Sewer Utility Fund and of its several accounts during each fiscal year, and will furnish a copy of such statement to the original purchaser of each issue of bonds or warrants upon request.

It will at all times keep the properties of said utility insured in reasonable amounts against loss or damage by fire, tornado and other risks for which similar properties are customarily insured by prudent owners, and will carry adequate public liability insurance, insuring against any claim of personal injury of property damage which is or may become a charge against the revenues of the utility, and will cause all persons handling funds of the utility to be bonded in suitable amounts for the protection of the City and the holders of obligations of the utility, and the expense of all such insurance and bonds to be accounted for as an operating cost of the utility, and the city will use the proceeds of any such insurance and bonds to restore the loss or damage compensated thereby.

ARTICLE 2 - Water Service

15.0202 Water Superintendent

A superintendent of streets and utilities shall be appointed by the governing board. If he in also a city employee in some other capacity, only his services respecting the water system shall be an operating charge of the system. It shall be the duty of the superintendent of streets and utilities to exercise control and management of the operation of the waterworks system. He shall have power and authority to employ, subject to the approval of the governing body, all such engineers, filter, plant operators, meter readers, laborers and other employees, as may be necessary to the operation of the waterworks system. All such employees shall be subject to his orders and directions, and he shall be responsible for their acts. He shall have power and authority to purchase such materials, supplies, and repairs for the waterworks system, with the approval of the governing board of the city, as shall be reasonably necessary for the operations of such system. He shall keep such books and records of matters pertaining to the operations on the system, as are necessary to show the operation and condition thereof. He shall at times be subject to the supervisions and direction of the governing board. He shall perform such other duties and have such other powers and authority as are hereinafter provided for.

15.0203 Water Service - Application For

Any party desiring water service from said utility for premises not theretofore connected with the system shall apply for a connection on a form provided by the municipality. Such application shall state an exact description of the premises to be served, and the uses, both general and special, to which the water is to be put, and the estimated amount of water to be used for a quarter-annual period. Such application shall be filed with the city auditor, and the applicant shall thereupon pay to the city auditor a connection charge. Such payment or written agreement shall be returned to the applicant if the application is refused. Said connection charge shall be in full payment of the cost of installing the service pipe or pipes from the municipality's main opposite the premises to the owner's property line (unless the cost thereof has been assessed against the property) and for water curb cocks, installation of water meters, and supervision of the customer's connection with the system.

15.0204 Water Service - Construction of - Maintenance of by Owner

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 consumer, 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. Any repairs found to be necessary by such representatives shall be made promptly, or the municipality will discontinue service.

Each service shall be maintained by the owner. Services heretofore acquired by the issuance of special assessment warrants and assessed against the property, or which may be acquired in the future in like manner, shall likewise be maintained by the owner. Services means the service line running from the point of corporation with city main to owner's premises.

15.0205 Water Service - To Property not Previously Assessed

No permit shall be issued for the making of any connection between any water or sewer lines and any property which has not previously been benefited by existing water and/or sewer lines, or whenever the owners of such property have not been assessed for such water and sewer facilities, unless and until such person shall have paid or made a written agreement with the city to pay in monthly installments within a maximum of a stipulated number of years an amount of money as may be therefore determined by the governing body. Such amount shall be based upon the area served and benefit resulting to the property involved. Within thirty days from the date of receipt of such application, the governing body shall determine the amount of money required to be paid before such connection shall be made and shall advise the applicant property owner of such determination. All such moneys paid and received pursuant to the provisions of this section shall be expanded in accordance with the purpose of such fund.

15.0206 Water Service - To Property with Delinquent Assessments

No permit shall be issued for the making of any connection between any water main of the city and any property on which any special water main assessment taxes are delinquent.

15.020601

No service shall be reconnected to any property on which there is a delinquent account for any utility under the Combined Public Utility System until t of said system, and the insertion of the corporation cock in said main shall be done under the supervision of the water superintendent.

15.0208 Water Service - Meter Required

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 when drawn through a meter installed by the municipality. No person except an authorized representative of the water superintendent shall turn on or off or tamper with any curb cock.

15.0209 Water Service - Branch Service - When

Unless special permission is granted by the water superintendent or contracted services each premise shall have a separate and distinct water service connection, and where permission is granted for branch service systems each branch system must have its own separate meter and separate curb cock.

15.0210 Water Service - Meter Required - Location, Seals

Meters shall be firmly and substantially set in a workmanlike manner in a convenient and readily accessible location for reading and inspection. No tap or withdrawal of water by the consumer for any purpose shall be permitted ahead of the city meter, or between the meter and the main line. The consumer shall not, after original installation of a meter, make any alterations or additions which will interfere with the repair, maintenance, reading, or operation of the meter.

Meters shall at all times be sealed and such seals shall not be broken. Meters shall be removed only by authorized employees of the waterworks department.

15.0212 Water Service - Services - Installation of

In installing water service, all taps shall be driven, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in an iron box to which the service is to be connected, by the municipality's employees only. All service pipes connected with the water system shall be laid 8 feet below the established grades or as low as the street mains. All sewer services pipes shall be of a material approved by the water superintendent.

15.0213 Curb Cocks

There shall be a curb cock in every service line attached to the water mains, the same to be placed as near as possible to the curb in on a street, or within one foot of the alley line if the main is located in the alley. Curb cocks shall be supplied with strong and suitable "T" handles and shall be enclosed in a substantial iron case covered with a tight fitting iron lid with the letter "W" cast upon it. There shall be one or more stops and waste cocks attached to every supply pipe at some point between the curb cock and the meter so that the water can be shut off and the meter and the house plumbing entirely drained. There shall be another such stop and waste cock in the pipe on the house side of the meter.

15.0214 Check Valves

Check valves are hereby required on all water connections to steam boilers or any other connection deemed by the water superintendent to require one. Safety and release valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of fifty pounds per square inch.

15.0215 Regulations Governing Service

The following rules and regulations shall be considered a part of the contract with every person who takes water supplied by the city through the city waterworks system and every such person who takes water shall be considered as having expressed his agreement to be bound thereby.

1. Shutting off water: Who Authorized

No person except an authorized employee of the water department shall shut off or turn off the water at the curb cock to any premises without first obtaining permission from the water department.

2. City Reserves Right to Shut Off Water, Notice.

In the case of making repairs or constructing new work, the city reserves the right to shut off water at once and keep the same shut off as long as may be necessary to accomplish such purposes. The city shall in such case make such effort as is practicable to give previous notice to consumers.

3. Non-liability of City for Deficient Supply or Quality of Water

It is expressly provided that the City shall in no event be or become liable to any consumer of water for a deficiency in the supply of water or the quality thereof, whether by shutting off the same to make repairs or to construct new work or for any other cause whatsoever.

4. Shutting Off Water: Charge for

The water department shall make a charge as set by city council for shutting off or turning on services.

5. Entrance and Access to Premises by Waterworks Employees.

Authorized employees of the water department shall have free access to any premises supplied with water, at proper times, to inspect and ascertain the condition of the meters and fixtures, or for reading meters, and no owner or occupant shall refuse such employees such access. The water department shall have the right to enter any premises and remove the meter for the purpose of examination and test after first notifying the owner or occupant, and to shut off the water to premises where free access is prevented.

6. Fire Hydrants, Who May Open

No person except the city employees and firemen in the performance of their

official duties shall open or cause to be opened any fire hydrant without the written permission of the water superintendent.

15.0217 Rates and Charges - Liability For

Owners of premises where water is supplied shall notify the water department in case any tenant moves from said premises, prior to such moving. In case said tenant moves from said premises to other premises in the city, and is there supplies with water, he shall be liable for the water used at his former residence up to the time of moving, and the water department shall take such measures to enforce the collection of such water bill, as are provided for in the case of non-payment of other water bills. In case said tenant moves away from said city or moves to some place within said city where he is not directly supplied by said water department with water and refuses or neglects to pay said bills within fifteen (15) days after notice thereof, then and in that event the owner of the property for which said bill was rendered shall be liable for said bill, and the water department shall take such measures to enforce connection of such water bill, as are provided for in the case of non-payment of other water bills.

The owner or owners of all real property in the city furnished water service or service line repairs shall be responsible for the payment of any and all such charges, regardless of who the occupant or tenant may be. On request of the owner or owners the Water Superintendent will bill the occupant for such charges, but if such charges are not paid when due by the occupant or tenant, the owner or owners shall be responsible for such charges and they shall be assessed to the property served. It shall be the duty of the city auditor to certify to the county auditor such unpaid water or service charges that are unpaid in the same manner and at the same time as other assessments are certified, and they shall be assessed and collected in the same manner.

ARTICLE 3 Policies for the Payment of Delinquent Utility Bills and for the Establishment of Delinquency Penalties, Disconnection and Reconnection Fees

WHEREAS, The City Council of the City of Lakota, North Dakota, declares it to be in the public interest to establish a policy regarding the payment of delinquent utility bills and for the establishment of delinquency penalties, disconnection and reconnection fees.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakota, North Dakota, that he City of Lakota hereby enacts the following policy with regard to the payment of municipal utilities.

Any consumer of municipal utilities whose bill(s) shall remain unpaid after the 30^th day of each month, shall then have a penalty added to said bill (an amount equal to 1.75 percent of the total utility bill).
The City of Lakota shall send notice to on the 1^st day of the following month to the consumer of said utilities and to the owner/landlord, where applicable, of the property to which utility services are provided, that a delinquency has occurred.
Any consumer of municipal utilities whose bill(s) remains unpaid at 10:00 a.m. on the 10^th day of the following month shall have all municipal services provided under said billing(s) discontinued or disconnected.
Any consumer of municipal utilities whose service has been disconnected or discontinued under the provisions of the preceding paragraph, shall not have the service reconnected or recommenced until all amounts due, for services rendered prior to and including the date of disconnect, plus applicable penalties, and the reconnection charge of $50 have been paid in full.
If the utility consumer is a tenant, the property owner/landlord will be sent a copy of the tenant’s notice of Delinquency, at the time said Notice is sent to the consumer, with notification of the date services will be disconnected. If the tenant fails to make the specified payment as of the disconnect date, said owner/landlord will be responsible for payment of the utilities by that date.

ARTICLE 6

15.0601 Electric Utility Created

There is hereby created the Lakota Electric Utility. Said utility is authorized to erect, reconstruct, install, operate and maintain through, over and across any and all of the streets of the City of Lakota, Nelson County, North Dakota a system of poles, posts, conduits guys and wire and all other necessary and useful appliances for the production, use and transmission of electricity for lighting, heating, power and other purposes.

15.0602

The poles, wires and other equipment used or placed by said utility upon and within said streets shall be so installed, constructed and maintained as not to unnecessarily interfere with the public use of said streets and the improvements thereon, and shall be designed and constructed as well provide reasonable for the safety of lives and property of the inhabitants of said city, and shall at all times be subject to reasonable regulations by the governing body of said city.

15.0603

The Lakota Electric Utility, shall be so operated and maintained and rates and charges for its services, facilities, products and by-products shall be as such as to make the utility self-supporting and self-perpetuating.

The foregoing shall not, however, be deemed or construed to preclude the city from defraying any part or all of the expense of any improvement, enlargement or extension of the electric utility by the levy of special assessments or taxes or the issuance of general obligation bonds, whenever and to the extent that such action is authorized in the manner provided by law and is deemed fair and equitable by the governing body.

15.0604

The cost of capital improvements, extensions and connections shall be paid as follows:

1. The cost of any modifications of the existing system shall be assessed against the residential and/or commercial properties in sums proportionate to and not exceeding the total benefits determined to be derived therefrom by the respective properties.

2. If the benefits of any improvement or modification is deemed to accrue to the city at large a portion not exceeding 20 percent of the cost thereof as determined by the governing body, with the concurrence of the Board of Budget Review, may be paid by the levy of ad valorem taxes upon all property within the city over the same period as the levies of assessment for such improvements.

3. The cost of any improvement or modification not paid by special assessment and taxes shall be paid from the net revenues of the utility.

4. Whenever a special assessment is not levied against any property benefited by any improvement at the time of construction the city reserves the right to levy a supplemental assessment upon such property or to improve and collect a special charge that will pay the just share of the assessable cost of said improvements.

15.0605 Utility Funds - Separate Accounts

All moneys received by the city in respect of the services, facilities, products and by-products furnished and made available by said utility, except collections of special assessments and taxes appropriated to improvement district funds and moneys borrowed for capital improvements, and all money, receipts and returns received from any investments of such earnings, shall be paid into the treasury of the city and kept in a special fund which shall be permanently maintained on the books of the city, separate and distinct from other funds, and designated as the Electric Fund.

15.0606

Nothing herein shall be deemed to affect the obligation of the City, under the laws of the State of North Dakota, to levy ad valorem taxes upon all taxable property within tits corporate limits for the purpose of paying a deficiency, if any, in the fund of any improvement district, at any time of the maturity of the last warrant drawn thereon, or at such earlier time as may be hereafter directed by such laws; provided that it shall be the policy of the city that the amounts of any deficiency tax levies so made shall be restored to the general funds of the city out of any surplus net revenues thereafter received, over and above the requirements of the several accounts of the Electric Fund as stated in 15.0605 hereof.

15.0607

The city will at all times maintain books of account adequate to show all receipts and disbursements of the City respecting the utility, and application of such receipts to the purposes of the several accounts, which books of account shall be open to inspection by the holder of any obligation payable from any Revenue Bond Account or Improvement Warrant Account at any reasonable time, and that it will furnish a certified transcript therefrom of any information which any such bond or warrant holder may request, upon payment of a reasonable fee therefor.

The annual financial statement of the city required by the provisions of Section 40-16-05 of the North Dakota Century Code will include a statement as to the financial condition and the receipts and disbursements of the Electric Fund and of its several accounts during each fiscal year, and will furnish a copy of such statement to the original purchaser of each issue of bonds or warrants upon request.

15.0609 Demand Response Regulation

An ordinace to amment the code of the City of Lakota by revising Chapter 15 to make provision with respect to the aggregation of Demand Response on behalf of retail customers in the City of Lakota Municipal Utilities.

Be it ordained by the City of Lakota and it is hereby ordained by author of the same as follows:

Section 1. Legislative Findings. Whereas, the Federal Energy Regulatory Commission has issued NO. 719,125 FERC 61,071,73 Fed. Reg. 64,099 (Octoober 28, 2008).

Whereas pursuant to Order No. 719,18 C.F.R. 35.28(g)(1)(iii) provides: "Each Commission-approved independent system operator and regional transmission organization must permit a qualified aggregator of retail customers to bid demand response on behalf of retail customers directly in to the Commission-approved independent system operator's or regional transmission organization's organized markets, unless laws and regulations of the relevant electric retail regulatory authority expressly do not permit a retail cutomer to paticipate."

Whereas pursuant to Order No. 719,18 C.F.R. 35.28(g)(1)(i)(A) provides: "Every Commission-approved independent system operator or regional transmission organization that operates organized markets based on competitive bidding fr energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its funcional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) must accept bids from demand response resources in these markets for that product basis comparable to any other resources, if the demand response resourse meets the necessary technical requirements under the tariff, and submits a bid under the Commission-approved independent system operator's or regional transmission organization's bidding rules at or below the market-clearing price, unless not permitted by the laws or regulations of the relevant electric retain regulatory authority."

Whereas, pursuant to the North Dakota Century Code the Lakota City Council is authorized to enact laws governing the provision of electric power retail customers within the boundaries of Lakota Municipal Utility System.

Wheras, the Lakota City Council of the Lakota Municipal Utility System has determined that it would be harmful to the demand response in the Lakota Municipal Utility System, and the collective interest of the Lakota Municipal Utility System serving entity with an obligation to serve at retail, and the Lakota Municipal Utility's retail customers to permit any entity other than the Lakota Municipal Utility System itself or its authorized designee to aggregate demand response on behalf of its retail customers.

Whereas the Lakota City Council of the Lakota Municipal Utilities, as the electric retail regulatory authority for the Lakota Municipal Utility System, has determined it to be desirable that the aggregation of demand response on behalf of retail customers served by the Lakota Municipal Utilities System to be bud directly into the electric and ancillary services markets administered by Western Area Power Administration (or any successor organized independent operator or regional transmission organization to which the Lakota Municipal Utilities System or Missouri River Energy Services (MRES) AND/OR Western Minnesota Municipal Power Agency (WMMPA) be performed by the Lakota Municipal Utility System of its authorized designee, the following amendments to the Code of the Lakota Municipal Utility System are hereby adopted.

Section 2. Chapter 15, Article 6, Electric Service is herby revised to add under the heading "Aggregation of Retail Cutomer Demand Response" a new subsection 15.608 to provide as follows:

A. The Lakota Municipal Utilities or its authorized designee is the sole entity permitted to bid demand response on behalf of retail cutomers served by the Lakota Municipal Utilities into any Commission-approved independent system operator's or regional transmission organization's organized electric markets.

B. Retail customers served by the Lakota Municipal Utilities wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organized electric markets may do so be participating in the program established be the Lakota Municipal Utilities or its authorized designee. Retail cutomers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Lakota Municipal Utilities.

Section 3 Chapter 15, Article 6, Electric Service, is hereby revised to add under the heading "Ancillary Services Provided by Demand Response Resources" a new subsection 15.609 to provide as follows:

A. The Lakota Municipal Utilities or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by Lakota Municipal Utilities directly into any Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organizaion's tariff).

B. Retail customers seved by the Lakota Municipal Utilities wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reative power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff) may do so be participating in the program established by the Lakota Municipal Utilities or its authorized designee. Retail cutomers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Lakota Municipal Utilities.

15.07 ARTICLE 7-Utility Policies

These Utility Policies are an addition to the Lakota City Ordinance Chapter Fifteen and may be amended by action of the City Superintendent and the City Auditor with the approval of the City Council.

1. All property owning customers of the City of Lakota Municipal Utilites shall pay a connection fee of at least $100.00 prior to or at the time the connections to furnish services are made. In the case of existing service connections being utilized by new customers, such connection fee shall be payable prior to or at the time such service is first furnished.

2. All occupants of residential property, excluding properties owned or operated by the Good Samaritan society of Lakota, ND, of the City of Lakota Municipal Utilities shall pay a connection fee of at least $250.00 prior to or at the time the connections to furnish services are made. The amount of the connection fee may be increased if requested by the landlord, for a prior customer who had proven to be a bad credit risk, or for a business
3. No utilities will be turned on in a rental properties until the former tenant's bill is paid in full either by the tenant or the landlord.

4. The connection fee will be returned after a period of 3 years provided there is no outstanding balance or history of past delinquencies on the account. Should the customer move from the city so is no longer utilizing city utility services, the connection fee may be refunded upon payment in full of the final billing. The connection fee may be credited to the final billing if so requested by the customer.

5. Any customer whose utility services have been discontinued for non-payment shall pay a $100 reconnect charge plus the total amount due to date on the account prior to reinstatement of such service and such charges shall be in addition to any meter deposit required.

6. It shall be unlawful for any customer, customer's agent or cutomer's accomplice to remove any seals, break any seals, tamper with any seals on water or electrical meters, or tamper with any of the meters connected to the Lakota City Municipal Utilites, and that upon conviction of this section, shall be punished by a fine of $100.00, as provided for in Chapter 7, Article 2 of the Lakota City Ordinances.

7. The customer is required to purchase a water meter from the Lakota Municipal Utilities. The price depends upon the size of the meter and it is sold to the customer at market price. The customer retains ownership of the meter. There is a $50.00 disconnect fee charged to a customer should the water service be interrupted. The connecting and/or disconnecting of water meters is to be done by the city crew members only.

8. If a current cutomer should by an additional property, wheather it is residential or business property, another meter deposit is required in the amount specified in paragraph 1.

9. Repairs to water and sewer service lines are the property owner's responsibility. The City owns the main water and sewer service lines and the curb stop.

10. Utility bills are mailed out the last working day of each month. These bills are due upon receipt and are considered delinquent after the last day of each month. Any consumer of Municipal Utilities whose bill(s) remains unpaid after the last day of each month shall then have a penalty assessed of an amount equal to 1.75 per cent of the total utility bill.

11. The City of Lakota shall send a Notice of Delinquency to the consumer of said utilities and to the owner/landlord, where applicable, of the property to which utility services are provided, by the 5th day of the month following the delinquency. Any consumer of utilities whose bill remains unpaid at 10:00 a.m. on the 10th day of the month shall have all municipal services provided under said billing discontinued or disconnected unless payment arrangements have been made.

12. If the utility consumer is a tenant, the property owner/landlord will be sent a copy of the tenant's Notice of Delenquency, at the time said Notice is sent to the consumer, with notification of the date services will be disconnected. If the tenant fails to make specified payment as of the disconnect date, said owner/landlord will be responsible for payment of the utilities by that date.

ARTICLE 7 - Utility Policies

15.0713 Utility Policies

NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Lakota, North Dakota, that the City of Lakota hereby enacts the following policies with regard to the payment of municipal utilities.

All water, sewage, garbage, electric and all other work and services provided for by ordinance and being necessary for the general welfare, public health, fire protection or public safety, shall constitute liens upon the respective lots, tracts and premises receiving such service; and all such charges which have been properly billed to the owner of the premises served and which are more than thirty (30) days past due on September 30 of each year shall be certified by the City Auditor to the County Auditor as other municipal taxes are assessed, and the City Auditor in so certifying such charges, shall specify the amount thereof, the description of the premises served and the name of the owner thereof; and the amount so certified shall be extended by the County Auditor on the tax-rolls against such premises and collected by the County Treasurer and paid to the City Auditor in the same manner as other County and Municipal taxes are assessed, certified, collected and returned. If the City has obtained and docketed a judgment or judgments for payment of the services described in this paragraph, the total amount of such judgment or judgments shall be reduced by municipal tax payments received under this paragraph for such services. The total amount of each such reduction shall be filed promptly upon receipt by the City Auditor with the Nelson County Clerk of Districe Court as partial or full satisfactions of judgment.

15.071 Penalty Clause:

It shall be unlawfil for any customer, customer's agent or customer's accomplice to remove any seals, break any seals, tamper with any seals on water or electric meters, or tamper with any of the meters connected to the Lakota City Municipal Utilites, and that upon conviction of this section, shall be punished by a fine of $100.00, as provided for in Chapter 7, Article 2 of the Lakota City Ordinances.