11-12-540 Exemptions from charges.

   (a)   The comptroller shall exempt from the payment of water rates the property enumerated in this subsection (a) if the account for such property is controlled by meter, as follows. If the account for such property is not controlled by meter, no exemption shall apply.

      (1)   Any property of the State of Illinois that is used as an armory by the state or federalized national guard shall be exempt from payment of 100% of the water service charge.

      (2)   All property owned or leased or occupied by the City of Chicago shall be exempt from payment of 100% of the water service charge, unless said City, either as lessee or lessor, shall enter into an agreement for the payment of rates by the other party.

      (3)   All property owned or leased or occupied by the Chicago Public Schools shall be exempt from payment of 100% of the water service charge, unless said entity, either as lessee or lessor, shall enter into an agreement for the payment of rates by the other party.

      (4)   All property owned or leased or occupied by the City Colleges of Chicago shall be exempt from payment of 100% of the water service charge, unless said entity, either as lessee or lessor, shall enter into an agreement for the payment of rates by the other party.

      (5)   Hospitals located within the corporate limits of the City that are operated by the Cook County government shall be exempt from payment of 100% of the water service charge.

      (6)   Except as otherwise provided in paragraph (5) of this subsection (a), not-for-profit disproportionate share hospitals located within the corporate limits of the City shall be exempt from payment of 60% of the water service charge in 2012, 40% of the water service charge in 2013, and at least 25% of the water service charge in 2014 and thereafter, if such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter I of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120. Provided, however, that in 2014 and thereafter, if such disproportionate share hospital has net assets or fund balances of:

         (i)   Less than One Million Dollars ($1,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such disproportionate share hospital shall be exempt from payment of 100% of the water service charge:

         (ii)   One Million Dollars ($1,000,000.00) or more but less than Ten Million Dollars ($10,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such disproportionate share hospital shall be exempt from payment of 60% of the water service charge.

      (7)   Public museums shall be exempt from payment of 20% of the water service charge, if such public museum is eligible to receive funds for capital development under subdivision (7) of § 1-25 of the Department of Natural Resources Act, as amended, codified at 20 ILCS 801/1-1 et seq.

      (8)   Not-for-profit organizations as defined in subparagraph (8)(v) of this subsection (a), other than any entity identified in paragraphs (1) through (7) of this subsection (a), that adopt a water conservation plan and perform within the corporate limits of the city charitable work benefiting the public shall be exempt in 2013 and thereafter from payment of the water service charge for water supplied to premises owned and used and occupied exclusively by such not-for-profit organization, as follows:

         (i)   If the not-for-profit organization has net assets or fund balances of less than One Million Dollars ($1,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for-profit organization shall be exempt from payment of 100% of the water service charge;

         (ii)   If the not-for-profit organization has net assets or fund balances of One Million Dollars ($1,000,000.00) or more but less than Ten Million Dollars ($10,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for-profit organization shall be exempt from payment of 60% of the water service charge;

         (iii)   If the not-for-profit organization has net assets or fund balances of Ten Million Dollars ($10,000,000.00) or more but less than Two Hundred Fifty Million Dollars ($250,000,000.00) at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for- profit organization shall be exempt from payment of 25% of such water service charge;

         (iv)   If the not-for-profit organization has net assets or fund balances of Two Hundred Fifty Million Dollars ($250,000,000.00) or more at the end of the tax year or calendar year immediately preceding the calendar year in which the exemption from payment of the water service charge is being claimed, such not-for- profit organization shall be not be* entitled to any exemption from payment of the water service charge and shall be required to pay 100% of the water service charge.

* Editor's – As set forth in Coun. J. 5-8-13, p. 52764, § 1. Intended text is “shall not be.” Future legislation will correct the provision if needed.

         (v)   As used in this paragraph (8), the term “not-for-profit organization” means an Illinois corporation organized and existing under the General Not For Profit Corporation Act of 1986 in good standing with the State and having been granted status as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986.

   (b)   (1)   The supply to all premises enumerated in this section on which water may be taken from the waterworks system of the City of Chicago shall be controlled by meter, and the cost of meter, its installation, connections and vaults thereof, and the erection, construction and maintenance thereof shall be paid for and be borne by the institution or owner thereof. Nothing contained in this paragraph shall be held to exempt property of the United States, of the State of Illinois, or of any of its political subdivisions except as hereinbefore mentioned.

      (2)   If, at the determination of the City, a vault is required to be built on the public right of way prior to the installation of a water meter at a location owned by a not-for-profit organization as defined in subparagraph (8)(v) of subsection (a) of this section, and such not-for- profit organization demonstrates to the satisfaction of the comptroller that the organization will suffer undue financial hardship if the organization is required to pay the costs associated with installing the vault and water meter, including any additional costs that may be incurred by the City in connection with the excavation of the associated structure, the comptroller may enter into a written installment plan agreement with such not- for-profit organization allowing the organization to pay such costs over an extended period of time in substantially equal installments. Failure to comply with the terms of the installment plan agreement may result, if applicable, in loss of the not-for-profit organization's exemption under paragraph (8) of subsection (a) of this section from payment of the water service charge.

      Each installment plan shall be in a form prescribed by the comptroller, and shall state the organization's total indebtedness to the City for such costs, the amount of the initial installment, the amount of each subsequent installment, the date by which each installment is due, the penalty for delinquency under the installment plan, and such other provisions as the comptroller may require. Provided, however, that the comptroller may deny any application where it is determined that the applicant has committed fraud or has failed to make a good faith effort to comply with this section. Any recommendation, action or decision of the comptroller regarding the existence of financial hardship or the financial hardship process shall be within the sole discretion of the comptroller. Nothing in this subsection (b)(2) shall be construed to prohibit a not-for-profit organization from voluntarily making an initial minimum payment or monthly installment payment in an amount greater than provided in the installment plan agreement.

      As used in this subsection (b)(2), the term “comptroller” means the comptroller of the City of Chicago or the comptroller's designee.

   (c)   The comptroller may fix such reasonable amounts of water as the comptroller, following consultation with the commissioner of water management, may deem to be sufficient for the requirements of said premises, and the exemption from payment of water rates shall be limited to said reasonable amounts so fixed. All use of water in excess of said reasonable amounts shall be paid for at the rates for metered water hereinafter fixed in Section 11-12-310.

   (d)   Accounts against the property of any entity exempted under the provisions of items (1), (2), (3), (4), (5), (6), (7) or (8) of subsection (a) of this section shall be kept in the usual manner. Upon receipt of the initial application for such exemption, such account, which shall be metered, shall be inspected by authorized personnel from the department of water management, who shall certify to the comptroller whether the entity so inspected is eligible for the exemption under this section being claimed by such entity.

(Prior code § 185-47; Amend Coun. J. 12-4-02, p. 99026, § 1.12; Amend Coun. J. 12-14-05, p. 66648, § 1; Amend Coun, J, 11-16-11, p. 13798, Art. VIII, § 3; Amend Coun. J. 11-8-12, p. 38872, § 206; Amend Coun. J. 5-8-13, p. 52764, § 1)

ARTICLE VI. USE OF SPACE IN WATER PIPE TUNNELS (11-12-550 et seq.)

11-12-550 Permit required.

   No person shall use any space in any water pipe tunnel owned by the city for the purpose of installing, maintaining, or using any pipe, conduit, cable or other construction without first obtaining a permit so to do from the commissioner, and no such permit shall be issued without first being approved by the commissioner of streets and sanitation. Such permit shall not be transferred or assigned nor shall any right or privilege thereunder be transferred or assigned without the written consent of the commissioner of streets and sanitation and the commissioner.

(Prior code § 185-48; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

11-12-560 Application.

   Application for any such permit shall be in writing, stating specifically the space desired and the size of the pipe, conduit, cable or other construction which it is desired to install, together with the purpose for which said pipe, conduit, cable or other construction is to be used. It shall be discretionary with the commissioner of streets and sanitation or commissioner as to whether such permit shall be issued, and nothing herein contained shall be construed as making it obligatory upon either of said officers to issue such permit when, in the judgment of either of said commissioners, such permit should be refused for causes that he deems sufficient.

(Prior code § 185-49; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

11-12-570 Plans submitted.

   The location and installation of any such pipe, conduit, cable or other construction shall be in accordance with plans which shall first be submitted to the commissioner and commissioner of streets and sanitation for approval, and the work of installing any such pipe, conduit, cable or other construction shall be under the supervision of and to the satisfaction of the commissioner. The grantee in said permit shall at any time, upon written notice from the commissioner or commissioner of streets and sanitation so to do, make such changes or alterations in the construction and location of said pipe, conduit, cable or other construction as may be necessary in the judgment of either of said officials.

(Prior code § 185-50; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

11-12-580 Bond.

   Before any such permit shall be issued, the applicant therefor shall file with the commissioner a bond in the penal sum of $10,000.00, with sureties to be approved by the said commissioner, conditioned upon the faithful observance and performance of each and every condition and provision of this chapter dealing with the use of space in water pipe tunnels and of said permit, and conditioned further to indemnify, keep and save harmless the city against all liabilities, judgments, costs, damages and expenses which may in any way come against the said city in consequence of the issuance of said permit, or which may accrue against, be charged to, or recovered from said city from, or by reason, or on account of the issuance of such permit including any damages which may result to said water pipe tunnel or any of the city property installed therein. The liability of the grantee in said permit shall in no way be limited to the amount of the bond herein provided for, but shall extend to the entire amount of such liability, cost, damage, or expense of said city. Said bond and the liability of the sureties thereon shall be kept in force throughout the life of said permit, and if at any time during the life of said permit such bond shall not be in full force, then the privileges therein granted shall thereupon cease.

(Prior code § 185-51; Amend Coun. J. 12-4-02, p. 99026, § 1.12)

11-12-590 Permit fees.

   As compensation for the privileges granted in such permit, the grantee shall pay to the city an annual compensation per lineal foot for the privilege granted, in accordance with the rates hereinafter set out; provided, however, that in no instance shall said annual compensation be less than $10.00.

   The length of the pipe, conduit, cable or other construction shall be measured along said tunnel from center to center of shafts.

 

Diameter or Longest Side of  Rectangle Measured Outside	Annual Rate Per Lineal Foot
Up to 6 inches inclusive	$0.20
Up to 12 inches inclusive	$0.60
Up to 18 inches inclusive	$1.40
Up to 24 inches inclusive	$2.40

 

   Fractional sizes not included in the above table shall be assessed at the rate for the next larger size.

   The first annual payment of said compensation shall be made in advance as of the date of the issuance of said permit, and subsequent payments shall be made annually thereafter.

(Prior code § 185-52)