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File #: 232037    Version: 0
Type: Ordinance Status: Passed
File created: 4/16/2024 In control: COMMON COUNCIL
On agenda: Final action: 5/21/2024
Effective date: 6/8/2024    
Title: An ordinance relating to lead service line replacements.
Sponsors: ALD. ZAMARRIPA, ALD. WESTMORELAND
Indexes: LEAD ABATEMENT, WATER WORKS
Attachments: 1. File 232037 Original Version signed by LRB.pdf, 2. OCA Approval 232037, 3. Notice published 6/7/2024

Number

232037

Version

ORIGINAL

Reference

 

Sponsor

ALD. ZAMARRIPA AND WESTMORELAND

Title

An ordinance relating to lead service line replacements.
Sections

225-22.5-8-b-1                     am

225-22.5-9-a                                          am

Analysis

Common council file number 231032, passed December 12, 2023, and effective January 4, 2024, provides that the city will pay the full cost of replacing the privately-owned portion of a lead service line if a leak or failure has been discovered on either the privately-owned or utility-owned portion of the service line, the utility-owned portion of the line is replaced on a planned or emergency basis, or the property is a child care facility.  This ordinance provides that this recently-enacted provision shall apply to any planned project on which lead service line replacement work began on or after January 4, 2024, even if the property owner was notified of the project before January 4, 2024, provided the property owner elected city replacement and the service line replacement was completed prior to substantial completion of the planned project.

 

This ordinance also provides that another provision of file number 231032, which allows payment of a special assessment for lead service line replacement over 15 years, shall also apply to any planned project on which lead service line replacement work began on or after January 4, 2024, even if the property owner was notified of the project before January 4, 2024, provided the property owner elected city replacement and the service line replacement was completed prior to substantial completion of the planned project.

 

Body

 

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 225-22.5-8-b-1 of the code is amended to read:

 

225-22.5.  Lead Service Line Replacement.

 

8.  FINANCING OF REPLACEMENT BY CITY CONTRACTOR.

 

b-1. If the total amount of the principal of the invoice remaining unpaid equals or exceeds $125, it shall be spread equally over the first available and next succeeding 14 tax rolls. >>This provision shall apply to any planned project on which lead service line replacement work began on or after January 4, 2024, even if the property owner was notified of the project before January 4, 2024, provided the property owner elected city replacement and the service line replacement was completed prior to substantial completion of the planned project.<<  For each of the first 100 properties where the lead service line is replaced by a city contractor under sub. 3.5, the property owner shall pay no interest for the last 8 years of payments.

 

Part 2.  Section 225-22.5-9-a of the code is amended to read:

 

9.  CITY SUBSIDY.

 

a.  Payment Method.  Subject to availability of public funds and the eligibility criteria in par. b, the city shall pay the full cost of replacing the privately-owned portion of the lead service line if a leak or failure has been discovered on either the privately-owned or utility-owned portion of the service line, the utility-owned portion of the line is replaced on a planned or emergency basis, or the property is a child care facility. >>This provision shall apply to any planned project on which lead service line replacement work began on or after January 4, 2024, even if the property owner was notified of the project before January 4, 2024, provided the property owner elected city replacement and the service line replacement was completed prior to substantial completion of the planned project.<<

 

LRB

APPROVED AS TO FORM

 

 

___________________________                                                

Legislative Reference Bureau

Date: ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

 

Drafter

LRB179746-1

Jeff Osterman

04/23/2024