CHAPTER 7
COMBINED WATERWORKS AND SEWERAGE
COMBINED WATERWORKS AND SEWERAGE
SECTION:
7-7-1: Systems Combined
7-7-2: Water And Sewer Rates
7-7-3: Payment Times; Liability
7-7-4: Delinquencies
7-7-5: Service Disconnected
7-7-6: Collector To Render Bills
7-7-7: Money Kept Separate
7-7-8: Waterworks And Sewerage Fund
7-7-9: System Of Accounts
7-7-10: Copy Of Chapter; County Recorder
7-7-11: Right To Shut Off
7-7-12: Water Meters
7-7-13: No Free Service
7-7-14: Meter Out Of Repair
7-7-15: Village Not Liable For Damages
7-7-16: Access To Premises
7-7-17: Right To Change Rates
7-7-18: Authorization Of Use Of Village Streets, Alleys And Property
The existing waterworks system in its entirety, including all improvements and extensions thereto that may hereafter be made, and the entire sewerage system to be constructed for the village, be and the same are hereby declared to be a combined system and said waterworks and sewerage system shall be maintained and operated as a combined waterworks and sewerage system, and a charge or rate shall be established for the use of such combined system which shall be reasonable for the use and service of such waterworks and sewerage system and sufficient to maintain, operate and provide for an adequate depreciation fund and pay the principal of and interest on any revenue bonds which may be issued, which by their terms are to be payable solely from the revenues of such combined system. Any person who shall simultaneously make application for a permit to connect to the sewer system of the village 1 and application for a permit to connect to the water system of the village 2 , shall pay only one hundred dollars ($100.00) as and for a connection fee for both water and sewer services, but nothing contained herein shall be construed so as to relieve the applicant from the obligation to pay all other costs, charges, etc., otherwise provided for in this code. The one hundred dollars ($100.00) as and for a connection fee for both water and sewer services shall be paid to the village clerk. (Ord. 159, 7-6-1955; amd. Ord. 342, 3-25-1980; Ord. 353, 5-18-1982)
Notes
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(A) Combined Water and Sewer Service Charge Bimonthly: For each residential, commercial, industrial and municipal user of the combined waterworks and sewerage system there shall be a bimonthly charge or rate based upon the amount of water consumed, as shown by the water meters, as follows:
1. A bimonthly service charge in the sum of fifty-five dollars ($55.00), and
2. A bimonthly user charge in the sum of $0.011 cents for each gallon used or any fraction thereof rounded to the nearest one cent ($0.01). (For example, the charge for one thousand and two (1,002) gallons used would be the sum of sixty-one dollars and two cents ($61.02): fifty-five dollars ($55,00) for the service charge, pins eleven dollars and two cents ($11.02) ($0.011 x 1002) for the 1002 gallons used)
(B) Sewer Service Only Charge Bimonthly: For each residential, commercial, industrial and municipal user of the sewer service only of the combined waterworks and sewerage system the.re shall be a bimonthly charge or rate as follows:
A bimonthly flat rate of sixty-six dollars ($66.00).
The payment of the bimonthly flat rate charge of sixty-six dollars ($66.00) for sewer service only users shall cover all reasonable usage, but not any other usage which the president and board of trustee determines to be unreasonable. In cases where the character of sewage from any industrial user, commercial building, residence or other premises shall be such as to impose a burden upon the sewage treatment plant and system in addition to the burden imposed by the average sewage entering into the sewerage system, or in cases where a private water supply is used and returned to the sewerage system, then the president and board of trustees reserve the right to enter into separate contracts with such industrial user, commercial building, residence or other premises for special rates and charges where the particular circumstances under the regular rate for service inadequate or unjust.
(C) Bulk Water Sales: Each load of bulk water sold shall be charged twenty-five dollars ($25.00) sewer charge in addition to the charge for the water.
(D) Multiple Connections: A "multiple-unit user" is defined as any additional number of residential or commercial units located on the same premises and being served through a single water meter where there are no separate water meters for each unit, such as apartment buildings, trailer courts, or commercial and residential units located within the same building. In all such cases, the total amount of water used as shown by the water meter for any two (2) or more units shall be divided by the number of units in said building and the rates above provided shall be applied as if each unit had a separate meter and were using an equal amount of water.
(Ord. 433, 2-11-1992; amd. Ord. 565, 8-12-2003; Ord. 636, 9-8-2009; Ord. 642, 1-12-2010; Ord. 748, 3-10-2020, eff. 5-1-2020; Ord. 790, 9-12-2023)
Notes
| 1 | 2. See section 6-6-4 of this code. |
For the purpose of the operation of the combined waterworks and sewerage system, the fiscal year shall be divided into six (6) bimonthly periods each containing two (2) calendar months and said bimonthly periods shall begin on May 1, July 1, September 1, November 1, January 1 and March 1 in each year. 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 on such premises and the service is furnished to the premises by the village only upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefor to the village. All bills for service shall be rendered bimonthly as of the first day of the month succeeding the period for which the service is billed, and shall be payable not later than the close of business on the twentieth day of the same month. If payment is made after said twenty (20) day period, then a penalty of ten percent (10%) of the amount of the bill shall be added thereto. (Ord. 371, 5-22-1984, eff. 9-1-1984)
(A) Penalty Bill (Yellow): If payment of the full amount of the bill is not made by the due date of the bill which shall be hereinafter referred to as the "white bill", then the billing addressee will be notified of the ten percent (10%) penalty by the mailing of a yellow postcard which will allow an additional ten (10) days for the bill plus the penalty to be paid. If the billing addressee is a tenant, the owner will be sent a notice informing the owner the tenant is overdue on the utility services billing and the consequences if the bill is not paid. If in the opinion of the village president or his or her designee, the balance owed is not of a sufficiently large amount to justify the administrative costs required to collect said balance, the balance can be retained on the account and will become payable on rendition of the next bill. Such determination to retain balances on account will be made following guidelines put forth by the village president in a standing order. Said standing order may be amended from time to time as is determined by the village president to be prudent. If upon expiration of the five (5) day grace period the bill remains unpaid, the owner may provide notice to the village, upon such form as provided by the village, to suspend service.
(B) Termination Warning (Red): If payment of the full amount of the bill plus penalty is not made by the due date of the yellow postcard bill, then a red tag will be attached to the front door of the service address warning that the water service will be shut off if the full amount of the bill including penalties and the red tag fee, in an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk, is not paid in full by twelve o'clock (12:00) noon the next working day. The village may proceed with termination of water service at one minute past twelve o'clock (12:01) P.M. the next working day following the termination warning unless the person so notified shall request a hearing in writing and shall deliver the written request to the village president or deliver the written request in person to the village office to an employee of the village prior to twelve o'clock (12:00) noon the next working day following the day that the termination warning is attached to the front door of the service address. The hearing shall be held by the village president or a person so designated.
Unless the hearing officer determines that the proposed termination is not justified, or unless other arrangements for payment of the bill are approved by the village president or his or her designee, the village may proceed with termination of the water service on the date stated in the termination notice. (Ord. 548, 4-9-2002)
(A) Termination: In the event the charges for utility services, penalties and fees are not paid as demanded by the red termination warning, such service shall be immediately terminated and shall not be reinstated until all past due bills, including the penalties and red tag fee, are paid in full or other arrangements for the payment of the obligation are approved by the village president or person so designated. If the premises is occupied by a tenant, the owner shall be informed in writing that the water has been shut off and that the past due bill, penalties, fees and the current bill must be paid in ten (10) days.
(B) Shutoff Of One Or More Services: All shutoff provisions in this chapter shall apply equally to anyone using water only service, anyone using sewer only service, or anyone using water and sewer service. The village has the option to shut off either water or sewer service or both in its sole discretion in the event that utility services may be terminated or shut off pursuant to the terms of this chapter. If the village elects at its option to discontinue sewer service, the village may cap the sewer service to the customer's property and the property owner and user shall be responsible for all expenses incurred by the village in capping the sewer line.
(C) Additional Penalty: In addition to the penalty and cost provided in section 7-6-1 of this title, there shall be a separate penalty whereby whenever any rule or regulation is violated, the sewerage service shall be shut off from the building or place of such violation, and shall not be turned on again except by order of the village president and on payment of the penalty according to the schedule set forth in this section plus all costs whatsoever incurred by the village in connection with reinstating such sewerage service, and upon such other terms as the village president may determine, and a satisfactory understanding with the party or parties that no future cause of complaint shall arise, and in case of such violation, the village president shall have the right to declare any payment made for sewerage by the person guilty of such violation forfeited and the same shall thereupon be forfeited. The schedule for the penalty referred to in this section shall be as follows:
Number Of Disconnections | Penalty Amount |
First shutoff for failure to pay applicable rates charged for water or sewer service | In an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk |
Second shutoff for failure to pay applicable rates charged for water or sewer service | In an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk |
Third shutoff for failure to pay applicable rates charged for water or sewer service | In an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk |
Fourth shutoff for failure to pay applicable rates charged for water or sewer service | In an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk |
All subsequent shutoffs for failure to pay applicable rates charged for water or sewer service | In an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk |
The number of disconnections set forth in the above schedule shall only include disconnections that occur after the effective date hereof. No disconnections occurring prior to the effective date hereof shall be considered in determining the penalty based upon the above schedule. All determinations by the board of trustees as to the number of disconnections that have occurred for a consumer shall be final. "Consumers" shall mean an individual that has applied for the water or sewer service and shall include their lawful spouse at the time of the application whether or not the application is jointly made by the husband and wife.
(D) Reconnection Of Service: In the event that water or sewer services are terminated for nonpayment of rates or charges for water or sewer services, there shall be a reconnection fee imposed in an amount as set forth in the schedule of fees maintained on file and available for public inspection at the office of the village clerk for reconnecting such service, plus all costs incurred in filing and recording of any lien upon the real estate.
(E) Delinquent Bill: In the event the charges for service are not paid as required by this chapter, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service was supplied, and the village clerk is hereby authorized to file sworn statements showing such delinquencies in the office of the Whiteside County recorder of deeds, and the filing of such statements in the pertinent office shall be deemed notice for the payment of such charges for such service. The village clerk may, in lieu of filing a lien upon the property, refer the delinquent bill to the village attorney for the purpose of filing a suit in the appropriate court for the collection of said delinquent bill.
(F) Payment Date: All payments made on any obligations required by or pursuant to the terms of this title shall be deemed paid on the date the payment is received by the village, except that all payments received after four o'clock (4:00) P.M., Central time, on a business day, shall be considered paid on the following business day. A business day is a day in which the village offices are open for business to the general public. (Ord. 548, 4-9-2002)
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