CHAPTER 50
COMBINED WATERWORKS
AND SEWERAGE SYSTEM
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50.01 Establishment of system 50.02 Failure to comply with regulations Connection to and Use of System 50.15 Permit required; determination of cost 50.16 Responsibility for furnishing materials in order to make connection 50.17 Placement of cut-off 50.18 Type of pipe to be used 50.19 Service pipe; record 50.20 Chart of mains, pipes, and the like to be kept 50.21 Seals on water meters and connections 50.22 Maintenance of connections after installation 50.23 Use of city water for sprinkling or fountain purposes prohibited when deemed necessary 50.24 Fire plugs or hydrants 50.25 Extension of service outside city limits 50.26 Water rationing |
50.35 Water meter required; special permits; new construction 50.36 Types of meters; cost; placement 50.37 Entry upon premises; failure of owner to comply 50.38 Failure to provide meter 50.50 Rates for city water service 50.51 Deposits 50.52 Water rents; record; collection 50.53 Fees for subdivision development and systems improvement 50.54 Billings; delinquency; liens 50.55 Failure to pay charges; proceedings 50.56 Supplemental charges 50.98 Civil action against occupant 50.99 Penalty
Cross-reference: Department of Public Works, see §§ 32.195 and 32.196 |
§ 50.01 ESTABLISHMENT OF SYSTEM
The existing waterworks system in its entirety, together with all additions, improvements, and extensions thereto that may hereafter be made, and the existing sewerage system in its entirety, together with all additions, improvements, and extensions thereto that may hereafter be made, including the sewage treatment plant and a system of intercepting sewers, of the city, are declared to be a combined system, and such combined waterworks system and sewerage system shall be maintained and operated as a single utility, and that a charge or rate be established for the use of such combined system, which shall be reasonable and commensurate with the service performed by such combined system and shall be sufficient to maintain, operate, provide an adequate depreciation fund, and pay the principal and interest on any bonds which may be issued which by their terms are made payable from the revenues of such combined system.
§ 50.02 FAILURE TO COMPLY WITH REGULATIONS.
No
person, firm, or corporation shall in any manner violate, disobey, omit,
neglect, or refuse to comply with any provision of this chapter; nor shall any
person, from, or corporation omit, neglect, or refuse to comply with the orders
or regulations concerning the use of water; nor shall any person, firm, or
corporation resist any officer of the city in discharging the duties imposed
upon such officer by any of the provisions of this chapter.
Penalty, see § 50.99
CONNECTION TO AND USE OF SYSTEM
§ 50.18 PERMIT REQUIRED; DETERMINATION OF COST.
Before any party shall connect with or have a connection made to any part of the city water system, the party shall first secure a permit from the City Administrator or his designee. The cost of this permit shall be as determined by the City Council from time to time.
The amount of pipe used in determining the cost of the connection shall be figured from the center of the street to the cut-off.
(Am. Ord. 1643, passed 9-17-90) Penalty, see § 50.99
§ 50.16 RESPONSIBILITY FOR FURNISHING MATERIALS IN ORDER TO MAKE
CONNECTION.
Except
in a subdivision, the Superintendent of Water and Sewer Maintenance shall make
all connections and furnish all the material for the connection from the main
to the cut-off. However, if the connections are in a subdivision, the
subdivider shall make all of the connections and furnish all of the materials
for the connection from the main to the cut-off.
(Am. Ord. 1182, passed 4-5-76)
§ 50.17 PLACEMENT OF CUT-OFF.
The cut-off shall be placed as near the
outside of the sidewalk as it is practical.
Penalty, see § 50.99
§ 50.18 TYPE OF PIPE TO BE USED.
The pipe used in making the connection from the main to the cut-off
shall be three-quarter (3/4) inch internal diameter and shall be either copper
pipe, government standard type K, or polyethylene plastic tubing pipe.
(Am. Ord. 1643, passed 9-17-90)
Penalty, see § 50.99
§ 50.19 SERVICE PIPE; RECORD.
Every person desiring to connect a service pipe to the city water system shall pay the cost of connections to each distinct tenement or place of business or to any premises regardless of how the connection or connections are made or regardless as to whether the connections are made to a city water main or to another service pipe.
Each service pipe to a distinct tenement, place of business, or to any premises shall have an individual cut-off so that the service may be cut off at any time without interruption of any other service.
All service pipes shall be laid to such a depth so they will be covered with not less than three (3) feet six (6) inches of earth at all times.
In the business district the service pipe shall be extended under the sidewalk and into the buildings intended to be serviced.
Service pipes laid in the same ditch with a sewer or drain shall be of the same type or weight as specified for the connection from the main to the cut-off or, in case it is necessary or it is desired to lay a service pipe in a ditch with a sewer or drain the water meter shall be installed at the cut-off in a suitable meter pit. This pit shall be constructed of concrete, masonry or vitrified tile and shall be of such size as to permit the meter to be removed or repaired. The pit shall be fitted with a removable cast iron cover so as to permit the meter to be read. The meter shall be mounted on a Ford meter yoke or other suitable device to properly hold and protect the meter.
The City Clerk shall keep or cause to be kept in a book prepared for that purpose a record of all water service pipes forming a part of the waterworks system of the city, which record shall show the exact location of said service pipes.
Penalty, see § 50.99
§ 50.20 CHART OF MAINS, PIPES, AND THE LIKE TO BE KEPT.
The Superintendent of Water and Sewer Maintenance shall cause to be prepared a full and complete map of charts showing the location of all mains and distributing pipes belonging to the system of waterworks, together with the location of all valves, fire hydrants, and fire plugs connected therewith, and shall keep the same corrected to date, whenever so required by the City Council, which shall be kept in the office of the City Clerk at all times.
§ 50.21 SEALS ON WATER METERS AND CONNECTIONS.
All meters and connections shall be sealed in at least three places so placed that the meters cannot be disconnected without breaking the seals. Said seals shall not be tampered with or removed except by direction of the City Collector or Superintendent of Water and Sewer Maintenance.
§ 50.22 MAINTENANCE OF CONNECTIONS AFTER INSTALLATION.
In
all cases where the connections from the main to the cut-off are made
from either copper or lead pipe of the quality and type hereinafter specified,
the city shall maintain and keep in repair such connections after installation.
The property owner shall furnish and keep in repair, at his own expense, all of
the pipe from the cut-off to the meter and any and all collections not
made from copper or lead pipe of the quality and type hereinafter specified.
Penalty, see § 50.99
§ 50.23 USE OF CITY WATER FOR SPRINKLING OR FOUNTAIN PURPOSES
PROHIBITED WHEN DEEMED NECESSARY.
The
City Council in either regular or special session at any time when in their
judgment the public interest requires it, prohibit the use of city water for
street and lawn sprinkling purposes or for fountains for such time as they may
deem proper. No person shall use city water during the time for which such use
shall have been prohibited.
Penalty, see § 50.99
§ 50.24 FIRE PLUGS OR HYDRANTS.
No
person shall deposit any earth or other material in any fire plug or hydrant,
or in any box or appendage thereto or turn any private or public stopcock, or
commit any act tending to obstruct the use thereof or injure in any manner any
building, machinery, pipes, apparatus, or fixtures of the city waterworks
system. When fire hydrants or plugs are placed on public or private grounds by
companies or individuals the use of the same, except in case of fire, is
prohibited.
Penalty, see § 50.99
§ 50.25 EXTENSION OF SERVICE OUTSIDE CITY LIMITS.
Neither water nor sewer service shall be extended to users located outside the city limits except when a majority of the corporate authorities vote to allow such an extension and the following conditions have been met:
All of the property owners of record of the real property within the area to receive service file with the City Clerk a petition for water or sewer service. The petition must be signed by all of said owners and must contain an accurate legal description of the property to be serviced.
Prior to the extension of water or sewer service, all of the property owners must also sign an agreement, that shall bind all present and future owners of the real estate, in which they must agree to annex to the city when requested to do so by the city.
In the event the property owner receiving service, or their successor in title, fails to file a valid and irrevocable petition for annexation to the city, without condition, within 45 days of receiving a written request from the city to do so, the city may terminate all water or sewer service to their property without further notice.
The rates for service outside the city shall include a surcharge as established by the city pursuant to § 52.105, as amended from time to time.
In the event water or sewer service is terminated pursuant to division (c) of this section, no rebate, in whole or in part, shall be paid to the owner for any fees, hook-up charges, or the like previously paid to the city.
Nothing contained herein shall be construed to create any obligation on the part of the city to provide water or sewer service to any property outside the city limits nor shall it be construed to create any right in any third party to receive water or sewer service outside the city limits even if they agree to the conditions stated herein.
(Am. Ord. 1460, passed 7-15-85)
§50.26 WATER RATIONING.
- STAGE 1 VOLUNTARY WATER CONSERVATION. Voluntary water conservation shall be in effect whenever the City Administrator declares that the water supply or the capacity of the waterworks system to deliver water is approaching levels at which water rationing will be required to preserve the ability of the City to deliver a necessary amount of water to each water user.
Procedure for Stage I shall be as follows:
- The City Administrator will make public announcements in the news media that Stage 1 voluntary water conservation is in effect. The announcements will include a description of the provisions in effect.
- Persons will be urged to conserve water in every way possible, in their homes and in their businesses.
- People will be urged to avoid sprinkling their lawns and avoid watering gardens, shrubs or trees with a hose, unless the lawn, garden, shrubs or plants need the water to avoid damage, and at any rate not oftener than every second day for not more than fours hours a day.
- STAGE 2 WATER RATIONING. Stage 2 water rationing will be in effect whenever total water availability requires, in the discretion of the City Administrator, that mandatory rationing be in effect. The following requirements will be in effect:
- The City Administrator will make public announcements through the news media concerning Stage 2 water rationing, whenever Stage 2 water rationing is in effect. The announcement will include a description of the restrictions.
- No person shall use water to sprinkle a lawn or use water through a hose to water any garden, tree or shrub, except between the hours of 8:00 p.m. and midnight or between the hours of 6:00 a.m. and 10:00 a.m. of any day on which sprinkling is permitted. Sprinkling shall be permitted on even numbered calendar days at locations with even numbered addresses and on odd numbered calendar days at locations with odd numbered addresses. These restrictions shall apply to all residences and to all businesses and institutions having lawns, gardens, trees or shrubs, and shall be followed at all parks and public buildings owned by the City. These restrictions shall not apply to any person, firm, or corporation engaged in the business of growing or selling plants of any kind.
- No water shall be used from a hose to wash motor vehicles, except at places of business where motor vehicles are washed on every business day either with attendants, with automatic equipment or by self service. Any person may wash a motor vehicle with water from a bucket.
- No swimming pools shall be filled. Swimming pools that were filled before Stage 2 water conservation went into effect may have water added to make up losses through evaporation or splashing. Water lost through draining or through leaks in the pool may not be made up during Stage 2 water rationing.
- STAGE 3 WATER RATIONING. Stage 3 water rationing will be in effect whenever the total water consumption on the preceding day was determined by the City Administrator to warrant more stringent rationing. The following requirements will be in effect.
- The City Administrator will make public announcements that Stage 3 water rationing is in effect. The announcement will include a description of the restrictions.
- No person shall use any water to sprinkle any lawn or use water through a hose to water any garden, tree or shrub, except between the hours of 8:00 p.m. and midnight or between the hours of 6:00 and 10:00 a.m. of any day on which sprinkling is permitted. Sprinkling will be permitted on Mondays at all locations having even numbered addresses and on Thursdays at all locations having odd numbered addresses. These restrictions shall apply to all residences and to all businesses and institutions having lawns, gardens, trees or shrubs, and shall be followed at all parks and public buildings owned by the City and the Washington Park District. These restrictions shall not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind.
- No water shall be used from a hose to wash motor vehicles, except at places of business where motor vehicles are washed on every business day either with attendants, with automatic equipment or by self service. Any person may wash a motor vehicle with water from a bucket.
- No swimming pools will be filled and no water shall be added to any swimming pool.
- STAGE 4 WATER RATIONING. So that no water customer inside or outside the city limits will be without water, the City Administrator shall impose Stage 4 water rationing when, in his opinion, such restrictions are required under the terms of this paragraph, provided that the City Council will consider the action of the City Administrator at each council meeting at which the matter may be considered, and the City Council may continue Stage 4 in effect, continue it in effect with changes, or discontinue Stage 4 water rationing. The following restrictions will be in effect:
- The City Administrator will make public announcements that Stage 4 water rationing is in effect. The announcement will include a description of the restrictions in effect.
- No water will be used for sprinkling lawns, and no water will be used from a hose to water any garden, trees or shrubs. These restrictions will not apply to any person, firm or corporation engaged in the business of growing or selling plants of any kind.
- No water shall be used from a hose to wash motor vehicles, except at places of business where motor vehicles are washed on every business day either with attendants, with automatic equipment or by self service. Any person may wash a motor vehicle with water from a bucket.
- No swimming pools will be filled and no water shall be added to any swimming pool.
- It is the policy of the City to keep Stage 4 in effect for no longer than absolutely necessary. The City Council shall take steps to lift Stage 4 restrictions as soon as lifting the restrictions will not result in any water user inside or outside the City limits being unable to obtain water.
The City Attorney may file court action to collect any penalties provided for by this ordinance, if the penalties are not promptly paid by the customer. The amount of the penalty shall be added to the customer's water bill until paid.
(Am. Ord. 1460, passed 7-15-85; Am. Ord. 2400, passed 8-19-02)
§ 50.35 WATER METER REQUIRED; SPECIAL PERMITS; NEW CONSTRUCTION.
No person, firm, or corporation shall use any city water that is not measured by a meter, unless such use is pursuant to and in accordance with a written special permit issued by the City Clerk previous to the time of using city water.
The special permit hereinabove provided shall, in the case of new construction, require the owner of the premises for which City water shall be provided to pay such sums as shall from time to time be deemed reasonable and necessary, by resolution of the City Council, for water use prior to connection to the City water system.
(Ord. 1775, passed 2-15-93; Am. Ord. 1813, passed 10-4-93; Am. Ord. 2206, passed 10-18-99) Penalty, see § 50.99
§ 50.36 TYPES OF METERS; COST; PLACEMENT.
All water meters shall be of the kind designated by the City Council, the cost of which shall be borne by the user. The city will furnish consumers with meters at cost. They shall be placed in accessible places.
No person, firm, or corporation shall install or cause to be installed any water meter in connection with new construction which does not have an outdoor meter reading.
Such outdoor meter reading shall be afforded by an outside read register on the front corner of the residence or principal building. In the case of a residence, it shall be on the side opposite the side upon which the garage is located and shall be a minimum of four (4) feet above grade level and twelve (12) inches from the corner of the house. An electrician shall rough wire from the meter location to the location of the outside register at the expense of the property owner.
(Am. Ord. 845, passed 9-7-65; Am.
Ord. 879, passed 4-4-67)
Cross-reference: Seals on water meters, see § 50.21
§ 50.37 ENTRY UPON PREMISES; FAILURE OF OWNER TO COMPLY.
The City Administrator, or his authorized agent, shall have free access at all reasonable hours to all parts of any premises to which city water is supplied for the purpose of making necessary examination, and, in case any water meter is found out of repair, may require the same at once to be repaired or a new one provided, and in the event no water meter is found, may require the immediate installation of same. Upon failure of the owner to repair such meter or supply a new one, or upon refusal to permit the above examination, the water shall be shut off to such premises and shall not be turned on again until such meter is repaired or a new one provided, or in case of refusal to allow an examination, until satisfactory arrangements have been made concerning future examinations; and not, in any case, except upon the payment of twenty dollars ($20.00) for the turning off and on of such water.
(Am. Ord. 1182, passed 4-5-76; Am. Ord. 1266, passed 4-16-79; Am. Ord. 1775, passed 2-15-93)
§ 50.38 FAILURE TO PROVIDE METER.
In
all cases where the owner of any premises or building supplied with city water
shall fail to provide a water meter, the City Administrator, or his authorized
agent, may shut off such water, or may provide a water meter and charge such
sum for the water used as shall be fixed by general rule applicable to such
cases, and the ownership of such meter shall remain in the city.
(Ord. 1775, passed 2-15-93)
§ 50.50 RATES FOR CITY WATER SERVICE.
- From and after January 1, 2004, the flat rate for water service provided to residents of the City of Washington shall be $2.88 per 1,000 gallons of water used, as shown by the water meter readings. Said rate shall apply to all water used beginning January 1, 2004.
- Notwithstanding Subsection (1.) above, from and after January 1, 2004, the flat rate for water service provided to residents of the City of Washington determined to be qualified under the Illinois Circuit Breaker Program as administered by the Illinois Department of Revenue shall be two dollars and thirty-seven ($2.37) per one thousand (1,000) gallons of water used, as shown by the water meter readings. The application of and eligibility for this rate shall be n accordance with paragraph (I) of §50.50. Said rate shall apply to all water used beginning January 1, 2004.
- The rates for water service described in subsections (1) and (2) above shall automatically increase on January 1, 2005, and annually each January 1 thereafter, by two and one-half percent (2.5%) or the rate of inflation, whichever is greater, and rounded to the nearest whole cent. The rate of inflation shall be calculated annually on November 1 using the most recent twelve (12) month period as measured by the Consumer Price Index (CPI).
- A Qualified Senior Citizen is defined as a resident of the city who has attained the age of sixty-tow (62) years, is retired and receiving social security or a retirement pension, and who receives water services from the City of Washington and makes it available to no one else except a spouse and/or a dependent as defined herein. A dependent, for the purpose of this ordinance, is defined as a person who has no income whatsoever.
- In order to qualify for the senior citizens' rate and charge as hereinabove set forth, the applicant must sign, under oath, a statement conforming to the requirements of this paragraph (D).
- In case any applicant shall make an affidavit stating facts that would qualify him or her for the discounted rate or charge which proves to be false, the same shall constitute a violation of this ordinance and such violation shall be punishable by a fine not to exceed $100 for each offense. Each day any violation of this ordinance shall continue shall constitute a separate offense
- A Qualified Disabled Citizen is a person who is totally and permanently disabled. Such a person is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. The impairment must result from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings, and not only by the citizen's statement of symptoms.
- In order to qualify for the discount provided for herein, the applicant must be a resident of the city, and must not qualify for and receive the Senior Citizen discount. In addition, the applicant must provide and submit to the city a statement from a licensed practitioner of medicine, psychiatry, or psychology attesting to and certifying the applicant's qualifications under division (A) above.
- The applicant must be the head of the household receiving the water service, must reside at said household, and may not make the water service available to anyone else except a spouse and/or a dependent as hereinafter defined. A DEPENDENT for the purposes of this section is defined as a person who has no income whatsoever.
- Upon receipt of an application for totally and permanently disabled user status, the City Administrator, or his designee, shall promptly review the application within ten days of it submission by the applicant. The City Administrator, or his designee, shall determine, based upon the information contained within the applications, the statement from a licensed physician, and any other information available to the City Administrator, whether or not the applicant qualifies under the criteria herein established for totally and permanently disabled user status. Within twenty one (21) days of the submission of the application, the City Administrator, or his designee, shall notify the applicant of his decision. Failure to the City Administrator, or his designee, to so notify an applicant shall be deemed to be a denial of the total and permanently disabled user status.
- Any person aggrieved by any notice and decision of the City Administrator, or his designee, under this section may obtain a hearing upon the filing of a written request for same with the City Clerk. The request for a hearing must be filed with the City Clerk within ten days after receipt of the notice of the City Administrator's determination. The written request for hearing shall contain, at a minimum, the following information: the date of the original application; the name and address of the person requesting the hearing; the address of the property at which the applicant resides; and a brief statement of the reasons for requesting a hearing. The hearing shall be held before the City Council, and shall be placed on the agenda for the next regularly scheduled Council meeting after the request for hearing has been filed. The applicant may present additional facts or arguments as he may desire to the City Council. The City Administrator may present additional facts or arguments as he may desire to the City Council. The City Council may affirm, modify, or reverse any decision of the City Administrator by a vote of the majority of said Council in attendance.
- In case the applicant shall make an application stating facts which prove to be false, it shall constitute a violation of this section.
- Eligibility for the Circuit Breaker Program rate shall be established during the month of January each year based upon documentation provided by the Illinois Department of Revenue which identifies those residents that have qualified under the Illinois Circuit Breaker Program during the immediately preceding calendar year. Eligibility must be re-established each and every year to qualify for the Circuit breaker Program rate.
- In order to qualify for the Circuit Breaker Program rate, the individual qualified under the Illinois Circuit Breaker Program must:
- be a resident of the City of Washington;
- reside within the residence receiving the water service;
- be named as the individual responsible for the payment of the water bill; and
- permit the water service to be used by no one else except a spouse and/or dependent.
- Users who qualify for the Circuit Breaker Program shall not be eligible to receive the additional discounts available to Qualified Senior Citizens and Qualified Disabled Citizens described herein.
(Am. Ord. 2496, passed 12-15-03; Am. Ord. 2521, passed 4-19-04; Am. Ord. 2859, passed 10-19-09)
§ 50.51 DEPOSITS.
At the time of paying the permit fee or when otherwise making application for water and/or sewer service, the user shall pay to the city a deposit, which shall be retained by the city as a guarantee that the premises shall not be vacated leaving any unpaid charges for water, sewer, or combined water and sewer service. In the event that the premises are so vacated, the city shall have the right to apply said deposit toward any such unpaid charges, and if any charges remain unpaid, shall have all the rights given to the city under the provisions of this chapter. The amount of the deposit fee shall be $100.00 for all deposits made and received on or after January 1, 2010.
Deposits are not transferrable between users. (Am. Ord. 857, passed 4-5-65; Am. Ord. 879, passed 4-4-67; Am. Ord. 1425, passed 8-20-84; Am. Ord. 2859, passed 10-19-09)
Upon vacation of a premises, a user may transfer his deposit from his original premises to his new premises, provided the new premises is served by City of Washington water and/or sewer services. In such event, any and all bills and charges incurred at the user's original premises shall be transferred to the user's account at his new premises if such bills and charges remain unpaid after the due date.
(Am. Ord. 923, passed 4-1-68; Am. Ord. 1425, passed 8-20-84; Am. Ord. 2859, passed 10-19-09)
§ 50.52 WATER RENTS; RECORD; COLLECTION.
The City Controller shall keep a complete record of all takers and users of city water, sewer, or combined water and sewer service, causing a separate account to be made of each specific piece of property and/or premises where such services are used, showing the rate that each is paying for the services, the date when the services began, the amount used during each billing period, and such other data in connection therewith and such other records as shall be necessary to preserve a complete record of all receipts from the sale of city water, sewer, or combined water and sewer service.
It shall be the City Controller's duty to collect all water, sewer, or combined water and sewer service rents due to the city, and said water, sewer, or combined water and sewer service rents shall be payable at his office. He shall keep a complete record of all such payments.
(Ord. 1775, passed 2-15-93; Am. Ord. 2859, passed 10-19-09)
§ 50.53 SUBDIVISION DEVELOPMENT FEES AND UTILITY CONNECTION FEES.
- The subdivision development fee for a residential development shall be one thousand one hundred twenty-five dollars ($1,125.00) pre individual dwelling unit, of which five hundred sixty-two and fifty cents ($562.50) shall be charged for water distribution improvements and five hundred sixty-two and fifty cents ($562.50) for sanitary sewer collection improvements. The term 'residential development' shall include those lots within a subdivision that are zoned for residential purposes and those lots zoned C-2 and C-3 that receive special use permits for "senior independent housing," "supportive living facilities," "assisted living facilities." The term 'individual dwelling unit' shall include each house, each apartment unit, each condominium unit, and each unit of a duplex, triplex, or quadruplex.
- Said fee shall be based on an estimate by the developer of the maximum number of units that may be constructed in the subdivision; said estimate to be approved by the City Engineer or the City Plat Officer.
- If a the time of a building permit is applied for and if the sum paid as a subdivision development fee for that lot was too great or too small based on the actual number of units to be constructed on the lot, then the owner of the lot shall provide the unpaid amount before the building permit is issued or the City shall refund the developer the amount of overpayment.
- The subdivision development fee for a non-residential development shall be three thousand Three hundred sixty dollars ($3,360.00) per acre, or portion of an acre, of which one thousand six hundred eighty dollars ($1,680.00) shall be charged for water distribution improvements and one thousand six hundred eighty dollars ($1,680.00) for sanitary sewer collection improvements. The term 'non-residential development' shall include those lots within a subdivision that are zoned for non-residential purposes. The above fee shall be based on the total land area of such buildable lots in the subdivision.
- The subdivision development fee shall only be assessed for those municipal utility services to be sued within the subdivision. If only one municipal utility will be used, the above fee shall be reduced accordingly. If neither municipal utility will be used in the subdivision subject to Final Plat, the developer shall not be assessed the above fee.
- The subdivision development fee shall be calculated and charged according to those rates in effect at the time of Final Plat approval by the City Council. However, any unit or lot that is subject to a binding, written contract for the sale of real estate and executed on or before December 15, 2003, may be eligible for a reimbursement equal to the difference between the current fee and the prior fee in effect on the date of that written contract. In such instance, the City shall make reimbursement to the developer subject to the following:
- A copy of the signed contract is provided to the Plat Officer no later than February 1, 2004; and
- The real estate transaction between the seller and purchaser named on the written contract is closed and documentation of closure is provided to the Plat Officer no later than June 1, 2004.
- The subdivision development fee shall automatically increase on January 1, 2005, and annually on January 1 thereafter, by three and one-half percent (3.5%) or the rate of inflation, whichever is greater, and rounded to the nearest five dollar ($5.00) increment. The rate of inflation shall be calculated annually on November 1 using the most recent twelve-(12) month period as measured by the Consumer Price Index (CPI).
- Findings and Purpose.
- It is declared to be the policy of the City that the provision of various public facilities required to serve new development is subject to the control of the City in accordance with the comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.
- New residential developments cause and impose increased and excessive demands upon public facilities and services that are specifically and uniquely attributable to those new developments.
- Planning projections indicate that new residential development will continue and will place ever-increasing demands to provide the necessary public facilities to provide waste water treatment to the new development.
- Development potential and property values are influenced and affected by City policy as expressed in the Comprehensive Plan and as implemented by the City.
- To the extent that new residential developments place demands on public facilities that are specifically and uniquely attributable to such developments, those demands should be satisfied by requiring that the new residential developments creating the demands pay the cost of meeting the demands.
- The City Council, after careful consideration, hereby finds and declares that imposition of Sewer Connection Fees upon new residential developments to finance specified public facilities, the demand for which is created by such developments within the City, is in the best interests of the general welfare of the City and its residents, is equitable, and does not impose an unfair burden on such developments.
- The City Council deems it necessary and desirable to adopt this ordinance as herein set forth.
- The estimated capital cost for Phase I of the wastewater capital improvements is $5.6 million as identified within the Wastewater Facilities Planning report prepared by Strand Associates, Inc.
- The Wastewater Facilities expansion will provide capacity for existing load and provide net new plant BOD capacity of 594/lbs/day. This additional capacity will increase the number of additional connections that can be accommodated by the system.
- The current facility exceeds current IEPA organic loading standards but does perform within the IEPA permit issued for the facility. Facility expansion will entail improvements to meet current organic loading which is above the existing IEPA organic loading standards.
- Improvements to the existing plant would not be required but for the need to provide additional capacity for new housing units.
- Facility improvements will provide capacity to serve an additional 727 housing units, however the City anticipates that it will only be able to collect increased sewer connection fees from 500 housing units.
- The Strand report estimates that the capacity required to serve 500 housing units is 213/lbs/day. This represents 35.80% of the net new plant capacity of 594/lbs/day.
- The City anticipates financing facility improvements with an IEPA loan over a twenty year period at 2.5% interest costs.
- The City anticipates that an average of 100 housing units annually will be connected to the City waste water treatment facility.
- The City has identified a connection fee of $4,105 per housing unit.
- The City Attorney has caused to be prepared an independent sewer connection fee analysis. This analysis supports a connection fee of up to $4,317 per housing unit.
- Estimated Sewer Connection Fee revenues, at $4,317 per housing unit, represent 30.1% of total waste water facility debt service costs compared to 35.8% of new growth facility capacity.
- The City Attorney recommends that the City monitor the actual connection fee revenues collected and adjust user rates as needed to assure sufficient revenues to cover debt service costs.
- Sewer Connection Fee revenue will be segregated in a separate fund for payment of debt service and other costs related to the expansion of waste water treatment capacity required by and for new development.
- Utility Connection Fee - Residential Use. The utility connection fee for a residential use shall be as provided below. The term 'residential us' shall include any lot or structure that contains residential dwelling units. The term 'individual dwelling unit' shall include each house, each apartment unit, each condominium unit, and each unit of a duplex, triplex, or quadruplex, and any dwelling unit contained in an assisted or supportive living facility or senior independent housing facility.
- The water connection fee shall be Four Hundred Fifteen Dollars ($415.00) per individual dwelling unit.
- The sewer connection fee shall be as follows:
- beginning on the effective date of this ordinance and continuing until December 31, 2006, the sewer connection fee shall be Four Thousand One Hundred Five Dollars ($4,105) per individual dwelling unit.
- beginning on January 1, 2007 and continuing thereafter until December 31, 2007, the sewer connection fee shall be Four Thousand Two Hundred Ten Dollars ($4,210) per individual dwelling unit.
- beginning on January 1, 2008 and continuing thereafter, the sewer connection fee shall be Four Thousand Three Hundred Seventeen Dollars ($4,317) per individual dwelling unit.
- Utility Connection Fee - Non-Residential Use. The utility connection fee for a non-residential use shall be charged per meter to be installed.
- The water connection fee shall be charged per water meter and determined by size of water meter as listed below:
Water Meter Size Water Connection Fee
5/8-inch meter $ 415.00
3/4-inch meter $ 620.00
1-inch meter $1,035.00
1 ½-inch meter $2,070.00
2-inch meter $3,310.00
Larger sizes Prorated by continuous flow capacity of meter
- The sewer connection fee shall be charged per water meter and determined by size of water meter as listed below. Said fee shall not be charged when none of the metered water will be discharged to the City sanitary sewer system.
- beginning on the effective date of this ordinance and continuing until December 31, 2006, the sewer connection fee shall be:
Water Meter Size
Sewer Connection Fee
5/8-inch
meter
$ 4,105.00
3/4-inch
meter
$ 6,157.50
1-inch
meter
$10,262.50
1 ½-inch
meter
$20,525.00
2-inch
meter
$32,840.00
Larger
sizes
Prorated by continuous flow capacity of meter
- beginning on January 1, 2007 and continuing thereafter until December 31, 2007, the sewer connection fee shall be:
Water Meter Size
Sewer Connection Fee
5/8-inch
meter
$ 4,210.00
3/4-inch
meter
$ 6,315.50
1-inch
meter
$10,525.00
1 ½-inch
meter
$21,050.00
2-inch
meter
$33,680.00
Larger
sizes
Prorated by continuous flow capacity of meter
- beginning on January 1, 2008 and continuing thereafter, the sewer connection fee shall be:
Water Meter Size Sewer Connection Fee
5/8-inch meter $ 4,317.00
3/4-inch meter $ 6,477.50
1-inch meter $10,795.00
1 ½-inch meter $21,590.00
2-inch meter $34,544.00
Larger sizes Prorated by continuous flow capacity of meter
The utility connection fee shall not be charged for the following:
Fire suppression systems; or
Reconstruction or redevelopment of a site with an existing service connection where the number and size of water meters remain unchanged.
The utility connection fee shall be reduced by fifty (50) percent for any of the following local taxing districts: Tazewell County, Washington Township, District 50 Schools, District 51 Schools, District 52 Schools, Washington Community High School District 308, Illinois Central College District 514, Northern Tazewell Fire Protection District, Washington Park District, and Washington District Library. In no event shall the reduced fee be less than the minimum fee charged for an individual dwelling unit.
The utility connection fee shall be calculated and charged according to those rates in effect at the time of receipt by the City of a building permit application, complete with all plans and documentation as required by the City. (Am. Ord. 1256, passed 1-15-79; Ord. 2241, passed 7-17-00; Am. Ord. 2495, passed 12-15-03; Am. Ord. 2523, passed 4-19-04; Am. Ord. 2642, passed 9-26-05; Am. Ord. 2720, passed 3-5-07)
§ 50.54 BILLINGS; DELINQUENCY; LIENS.
The word service shall mean water service, sewer service, or combined water and sewer service.
Bills:
The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant, and user of the services are jointly and severally liable therefor to the city. In the event of tenant-occupied premises, the owner's liability shall be limited to only those specific instances where the city is unable to turn off water service furnished to the tenant-occupied premises, by means of a city-approved valve, without affecting water service to other premises.
Billing periods for water, sewer, or combined water and sewer service shall be established by the City Council by resolution and/or ordinance from time to time. Bills for water, sewer, or combined water and sewer service shall be sent out by the City Controller on or about the first day of the month succeeding the period for which the service is billed. All water, sewer, or combined water and sewer bills are due and payable 30 days after being sent out. Bills not paid within said 30 days are delinquent.
The maximum interest allowable by law, as amended from time to time, may be charged from the date of delinquency to the date of payment; provided, however, a minimum charge, as determined from time to time by the resolution of the City Council, may be charged for each month that a bill remains unpaid.
Liens. Charges for water, sewer, or combined water and sewer services shall be a lien upon the premises as soon as the bill becomes delinquent, and the City Clerk may file with the County Recorder of Deeds a statement of claim for a lien. The statement shall contain a legal description of the premises served, the amount of the unpaid bill and the notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill. If the user whose bill is unpaid is not the owner of the premises and the City Clerk has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Clerk, whenever such bill becomes delinquent. Failure of the City Clerk to record such lien or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the following section.
Foreclosure of lien. Property subject to a lien for unpaid charges may be sold for nonpayment of the same and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the city. The City Attorney is hereby authorized (when directed by the City Council) to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill has remained unpaid for sixty (60) days after it has been rendered.
(Ord. 1362, passed 6-7-82; Am. Ord. 1775, passed 2-15-93; Am.Ord. 2859, passed 10-19-09)
§ 50.55 FAILURE TO PAY CHARGES; PROCEEDINGS.
If any person, firm, or corporation shall neglect to pay his or their charges for water, sewer, or combined water and sewer service when due or shall fail to pay the deposit required by §50.51(C), the City Administrator may, in addition to the other penalties and remedies herein provided, elect to terminate water and sewer service to the property by complying with the following procedure:
If the charges or deposit remain unpaid for a period of more than 30 days after the bill therefore was first rendered, written Notice of the Delinquency shall be sent by regular mail to the user of the service or services at the property's address. Such notice shall advise the user that the bill is delinquent and payment must be made within ten (10) days or the City will commence procedures to turn off or terminate the water service to the user's property. The Notice of the Delinquency shall inform the user that he, she, or they are delinquent in paying said charge or deposit and that water service, sewer service, or combined water and sewer service will be turned off or terminated unless the delinquency is paid in full within ten (10) days of the receipt of this Notice of Delinquency. The user shall have the right to a hearing in front of the City Administrator or his or her designee concerning the delinquency, if such hearing is requested within ten (10) days of receipt of the Notice of Delinquency. If a request for hearing is received within the ten- (10) day period, a hearing will be scheduled in front of the City Administrator or his or her designee within forty-eight (48) hours (excepting weekends and holidays) of receipt of the request for a hearing.
If no hearing is requested within the ten- (10) day period, the City Administrator may cause the water and sewer service to be turned off.
If a hearing is requested and held, notice of the City Administrator's decision must be sent to the user and the owner, if the owner's address is known, informing them of the decision, and if the decision is against the user, informing them that his water and sewer service shall be terminated ten (10) days after the date of the notice unless the charge or deposit is paid in full prior to that time. Appeals of the decision of the City Administrator may be made directly to the Mayor and City Council if requested in writing within ten (10) days of the date of mailing notice of the decision.
Once turned off, water services shall not be restored until all delinquencies, damages, charges and restoration fees for turning the water off and on are paid in full or satisfactory arrangements have been made for the payment thereof. Said restoration fee shall be $50.00 provided restoration occurs between the hours of 8:00 a.m. and 3:00 p.m. on Monday through Friday, excluding city designated holidays, or $100.00 if restoration occurs at any other times (after hours). The after hour's restoration fee shall automatically increase on May 1, 2011, and annually on May 1st thereafter, by three and one-half percent (3.5%) or the rate of inflation, whichever is greater, and rounded to the nearest five dollar ($5.00) increment. The rate of inflation shall be calculated annually on November 1 using the most recent twelve- (12) month period as measured by the Consumer Price Index (CPI).
In the event any personal or business check is returned to the city unpaid due to insufficient funds, a fee of $25.00 shall be assessed to the responsible individual or party.
(Am. Ord. 1362, passed 6-7-82; Am. Ord. 1425, passed 8-20-84; Am. Ord. 2134, passed 7-6-98, Am. Ord. 2255, passed 11-6-00; Am. Ord. 2855, passed 10-19-09)
§ 50.56 SUPPLEMENTAL CHARGES.
The
City Administrator is hereby authorized to allow for the metered sale of potable
water from a hydrant located behind City Hall, 115 W. Jefferson Street, and to
establish accounts with customers desiring to make such water purchases. The
charges for such sales shall be based on the current water rate being charged by
the City plus a per diem administrative fee of twenty five dollars ($25.00).
(Ord.
2253, passed 10-16-00)
§ 50.98 CIVIL ACTION AGAINST OCCUPANT.
The City Council may from time to time direct the City Attorney to sue
the occupant or user of the real estate in a civil action to recover the money
due for services rendered, plus a reasonable attorney's fee, to be fixed by the
court. Whenever a judgment is obtained in such a civil action, the foregoing
provisions in this section with respect to filing sworn statements of such
delinquencies in the office of Recorder of Deeds and creating a lien against
the real estate shall not be effective thereafter as to the charges sued upon
and no lien shall exist thereafter against the real estate for the delinquency.
Judgment in such a civil action operates as a release and waiver of the lien
for the amount of the judgment.
(Ord. 1362, passed 6-7-82)
§ 50.99 PENALTY
Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense.