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(a) Definitions. For the purpose of this section, the following definitions shall apply:
(1) "Comptroller", "LIHEAP" and "Participant" have the same meaning ascribed to these terms in Section 11-12-545(c).
(2) "Qualifying transferee" means a natural person, who:
(A) meets the eligibility criteria to participate in the LIHEAP with the exception of any United States citizenship requirement; provided, however, that said person does not need to participate in the LIHEAP;
(B) agrees in writing, on a form prescribed by the Comptroller, to assume responsibility for all outstanding utility debt on the subject property; and
(C) has signed an agreement to enroll in the Utility Billing Relief Program described in Section 11-12-545 for all utility debt.
(3) "Subject property" means the real property owned and occupied by the Participant that is being transferred to, or inherited by, a qualifying transferee for which a full payment certificate is sought pursuant to this Section.
(4) "Utility debt" means all water, sewer, and refuse charges, as well as all penalties, taxes, and fees that accrued to the utility account of the subject property.
(b) If a Participant transfers the subject property to a qualifying transferee, or a qualifying transferee receives the entirety of the subject property through a court-ordered settlement or other court order in a domestic relations action, or a qualifying transferee inherits the entirety of the subject property by intestate succession or as a testamentary devisee, whether such transfer is subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code, a full payment certificate shall be issued without immediate payment of the outstanding utility debt.
(Added Coun. J. 11-7-22, p. 55595, Art. VII, § 1)
(a) The Comptroller shall exempt the following properties and entities from the payment of water service charges, as specified in this section, if: (i) the property receiving the water is located within the corporate limits of the City; (ii) the property receiving the water is used exclusively by the entity; and (iii) the water account for the property receiving the water is controlled by meter. 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) The City of Chicago shall be exempt from payment of 100% of the water service charge, unless the City, either as lessee or lessor, shall enter into an agreement for the payment of the water service charge by the other party.
(3) 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 the water service charge by the other party.
(4) 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 the water service charge by the other party.
(5) Hospitals operated by the Cook County government shall be exempt from payment of 100% of the water service charge.
(6) Not-for-profit disproportionate share hospitals, except as otherwise provided in paragraph (5) of this subsection (a), 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, 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, codified at 805 ILCS 105, 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) Responsibilities for installation costs and authority to enter payment agreements.
(1) The supply to all premises enumerated in this section on which water may be taken from the waterworks system of the City 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 water service charge payment exemption under paragraph (8) of subsection (a) of this section.
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.
(c) The Comptroller may fix such reasonable amounts of water as the Comptroller, following consultation with the Commissioner, may deem to be sufficient for the requirements of said premises, and the exemption from payment of water service charges 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 fixed in Section 11-12-310.
(d) Accounts against the property of any entity exempted under the provisions 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, 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; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 4)
(a) Title. This section shall be known and cited as the Utility Billing Relief Program.
(b) Purpose. The Utility Billing Relief Program is intended to address City water and sewer bills for the most vulnerable, low-income homeowners, especially those with past due debt.
(c) Definitions. For purposes of this section, the following definitions shall apply:
"Anniversary Date" means the date one year from a Participant’s enrollment in the UBR.
"Comptroller" means the Comptroller of the City of Chicago, or the Comptroller’s designee.
“Homeowner” means the Owner and occupant of a single family, two-unit, or three-unit residence located in the City of Chicago.
"LIHEAP" means the Low Income Home Energy Assistance Program, codified at 42 U.S.C. § 8621-8630.
"Participant" means a participant in the UBR.
"Reduced Rate" means a 50% reduction in the ordinary charges for water service imposed in Chapter 11-12, sewer service imposed in Chapter 3-12, and a corresponding reduction in the Chicago Water and Sewer Tax imposed in Chapter 3-80. Reduced Rate does not include the charge for refuse collection imposed in Article II of Chapter 7-28.
"UBR" means the Utility Billing Relief Program created by this section.
(d) Program.
(1) Eligibility. A Homeowner who is eligible to participate in the UBR and applies to the Comptroller may become a Participant. In order to become a Participant, a Homeowner must own and occupy the single-family, two-unit, or three-unit residence in the City of Chicago for which participation in the UBR is sought, and must meet the eligibility criteria to participate in the LIHEAP with the exception of any United States citizenship requirement; provided, however, that a Homeowner does not need to participate in the LIHEAP in order to be eligible for the UBR. A Homeowner who receives an exemption under Section 3-12-050 shall not be eligible to simultaneously participate in the UBR. A Participant who does not successfully complete the UBR two times shall no longer be eligible to participate in the UBR.
(2) Billing and payment. Upon acceptance and enrollment in the UBR, the City shall bill, and the Participant shall pay, the Reduced Rate for a period of one year in order to successfully complete the UBR. A Participant shall not be required to make any payment toward a past due balance while enrolled in the UBR. During participation in the UBR, a Participant is exempt from the assessment of additional penalties and interest on any past due charges incurred before becoming a Participant, or charges incurred while a Participant; and referral for debt collection.
(3) Successful completion. A Participant who has made payment for all Reduced Rate bills issued by the City during the UBR by the Anniversary Date shall have any past due balance incurred before enrollment in the UBR forgiven. A successful Participant who continues to meet enrollment eligibility requirements may re-enroll in the UBR.
(4) Unsuccessful completion. A Participant who has not made payment for all Reduced Rate bills issued by the City during the UBR by the Anniversary Date shall have any past due balance, including penalties and interest, incurred before enrollment in the UBR reinstated to the Participant’s account, in addition to any past due balance incurred during the UBR, and the Participant shall be required to make full payment of such past due balance. Such past due balance shall not have incurred any additional penalties or interest during participation in the UBR. The Participant may be eligible to participate in a payment plan to resolve the outstanding debt. If all criteria are met, an unsuccessful Participant may be eligible to re-enroll in the UBR, provided that the Participant has not been unsuccessful in completing the UBR on two occasions.
(e) Rules. The Comptroller is authorized to adopt such rules as the Comptroller may deem necessary for the proper implementation, administration, and enforcement of this section.
(f) In furtherance of administering this section, the Comptroller shall have the authority to enter into an agreement with the Community and Economic Development Association of Cook County ("CEDA"), or any successor agency that administers the LIHEAP in Cook County, to administer outreach and enrollment activity for the UBR. Such agreement may contain terms and conditions that the Comptroller deems appropriate, and the Comptroller shall have the authority to perform any and all acts as shall be necessary or advisable in connection with such agreement and any renewals thereto, including the expenditure of duly appropriated funds.
(Added Coun. J. 11-26-19, p. 11514, Art. V, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. III, § 1; Amend Coun. J. 7-20-22, p. 50569, § 4; Amend Coun. J. 11-15-23, p. 6700, Art. VI, § 1)
Editor’s note – Pursuant to Coun. J. 11-26-19, p. 11514, Art. XV, this section shall take effect on April 1, 2020. Coun. J. 11-26-19, p. 11514, Art. V, § 3, added this section as § 11-12-550. Because that section already existed, this section has been added as § 11-12-545 at the discretion of the editor.
ARTICLE VI. USE OF SPACE IN WATER PIPE TUNNELS (11-12-550 et seq.)
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