ORDINANCE NO. 2024 - 29

AN ORDINANCE TO AMEND ARTICLE B ENTITLED “USER SERVICE RATES AND CHARGES” OF CHAPTER 2 ENTITLED “WATER USE AND SERVICE” OF

TITLE 9 ENTITLED “WATER AND SEWER” OF THE VILLAGE CODE OF THE VILLAGE OF GLENDALE HEIGHTS, ILLINOIS

WHEREAS, the Village of Glendale Heights deems it necessary and desirable to amend Article B entitled “User Service Rates and Charges” of Chapter 2 entitled “Water Use and Service” of Title 9 entitled “Water and Sewer” of the Village Code of the Village of Glendale Heights.

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Glendale Heights, DuPage County, Illinois, as follows:

   Section 1:   That Article B entitled “User Service Rates and Charges” of Chapter 2 entitled “Water Use and Service” of Title 9 entitled “Water and Sewer” of the Village Code of the Village of Glendale Heights, Illinois, is amended in its entirety as follows:

“ARTICLE B. USER SERVICE RATES AND CHARGES

SECTION:

9-2B-1: Rendition of Bills; Collection of Payments

9-2B-2: Basis of Rates and Charges

9-2B-3: Rates Established

9-2B-4: Effective Date of Rates; Annual Increase

9-2B-5: Liability For Payment of Rates and Charges

9-2B-6: Payment Requirements

9-2B-7: Delinquent Payments; Discontinuance and Reinstatement of Service

9-2B-8: Collection By Outside Agencies; Fee

9-2B-9: Lien Provisions

9-2B-10: Disposition of Revenues

9-2B-11: Records and Accounts; Audit

9-2B-12: Notice of Rates and Charges

9-2B-1: RENDITION OF BILLS; COLLECTION OF PAYMENTS:

A.   It is hereby made the duty of the Finance Director to render bills for water service and for all rates and charges in connection therewith and to collect all monies due thereon. Bills shall cover a service period of thirty (30) continuous days which, for convenience, shall be referred to in this chapter as “monthly service period” or “monthly period”, and the rates and charges for such service shall similarly, for convenience purposes, be referred to in this chapter as “monthly charge”.

B.   All bills for water service shall be rendered within fifteen (15) days following the completion of the period for which the service is billed. (Ord. 2019-26, 4-18-2019)

9-2B-2: BASIS OF RATES AND CHARGES:

A.   Charges and rates established for the use of the waterworks system shall be reasonable and commensurate with the service performed by the system, and shall be sufficient to maintain, operate and pay the principal and interest on any bonds which may be issued which, by their terms, are made payable for the revenues of the system. (1978 Code § 9-5-2)

B.   Charges based on meter reading: Unless otherwise specifically provided herein all fees and charges for water and/or sewer services shall be based upon the flow registered by a water meter, and no reduction shall be made or rebate allowed, on account of leakage into or from any pipe, tank or other apparatus.

9-2B-3: RATES ESTABLISHED:

A.   Within Village Limits: There shall be and there are hereby established water user service charges for the use of and for the service supplied by the waterworks facilities of the Village which shall consist of: water purchases from DuPage Water Commission, local water delivery and any surcharges, if applicable. The following rates or charges are hereby established for the use of and for the service supplied by the waterworks system of the Village, based upon the amount of water consumed as shown by the water meters (except where a flat rate is otherwise indicated):

1.   Monthly Charges: The monthly charge for each user of the waterworks system shall be as follows:

a.   Water: The Village cost to purchase water from the DuPage Water Commission is passed on to the consumer without profit and is set at the exact rate charged to the Village by the DuPage Water Commission; and

b.   Local Water Delivery: Those costs incurred by the Village to operate/maintain a local water delivery/storage infrastructure and to provide water billing services to Village customers is set as follows:

 

Effective Date:	May 1, 2024	May 1, 2025	May 1, 2026	May 1, 2027
Local Water Delivery, per one-thousand (1,000) gallons of water usage	$3.78	$4.05	$4.33	$4.63

2.   Increases: All increases in the charges for users of the waterworks system shall be clearly defined on the bill rendered by the Village when such increases become effective.

3.   Multiple Users:

a.   A “multiple user” is defined as any additional number of family units located on the same premises and being served through a single water meter, such as apartment buildings.

b.   In all cases of multiple users, there shall be an additional debt service charge for each additional unit connected to the system for the type of service as set out above, i.e., residential, commercial, institutional or industrial.

4.   Flat Rate Fire Service: A flat rate service charge, based upon the size of the fire protection main, shall be made monthly as detailed in subsection 9-2A-4B of this chapter.

B.   Outside Village Limits: Each user of the waterworks system of the Village located outside the corporate limits shall be billed one-hundred fifty five percent (155%) the water rate and local water delivery charge established in subsection A1 of this section added to its rate as a surcharge.

C.   Water Used During Construction Operations: The charge for water used during all construction operations shall be the water rate and local water delivery charge established in subsection A1 of this section.

D.   Senior Discount: Senior citizens meeting program eligibility may make application for a discount to the Finance Department. Upon approval, a ten (10%) discount of the total water bill shall be applied to the account and will be in effect for thirty-six (36) calendar months, at which time the senior may re-apply for the discount.

1.   Eligibility requirements: To be eligible for the Senior Discount, one needs to meet all of the following requirements for the property for which the senior is applying:

a.   The senior is at least age 65,

b.   The property is the primary residence of the senior,

c.   The property is not used to generate income, and

d.   The senior is head of household of the property.

2.   Documentation: Acceptable documentation of age includes an unexpired driver’s license, state or federal ID, birth certificate or US passport. Acceptable documentation for proof of head of household includes a property tax bill showing the senior exemption or lease agreement with the senior listed as lessee.

9-2B-4: EFFECTIVE DATE OF RATES; ANNUAL INCREASE:

The rates herein established shall be effective as indicated in section 9-2B-3 of this article. After May 1, 2028, the amount charged for local water delivery to all users of the waterworks system shall increase annually at a seven percent (7%) compounded rate. (Ord. 2019-39, 6-20-2019)

9-2B-5: LIABILITY FOR PAYMENT OF RATES AND CHARGES:

The owner of the premises, the occupant thereof and the user of the water 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, the occupant thereof and the user of the service are jointly and severally liable therefor to the Village. (1978 Code § 9-5-5)

9-2B-6: PAYMENT REQUIREMENTS:

A.   Payment Required: Charges for water service shall be delivered to the property owner or other responsible person/entity on file with the Village of Glendale Heights by U.S. mail or other agreed upon electronic method.

B.   Late Payment Penalties:

1.   A monthly charge for water service which are not paid by the close of business on the twentieth day after the date of the bill, as rendered, will have a penalty of ten percent (10%) of the amount of the bill added thereto.

2.   The penalty may be waived once every twelve (12) months.

C.   Method Of Payment For Final Water Bill: When the Finance Director issues a final water bill to close a customer's account, the customer must pay said final water bill with cash, certified check, cashier's check, Illinois attorney's check, a title company check, or credit card. (Ord. 2012-66, 11-1-2012; amd. Ord. 2019-26, 4-18-2019; Ord. 2021-52, 7-8-2021)

9-2B-7: DELINQUENT PAYMENTS; DISCONTINUANCE AND REINSTATEMENT OF SERVICE:

A.   Notices Of Delinquency And Discontinuance Of Service: After a monthly charge becomes delinquent for more than fifty-five (55) days, the Finance Director or his/her designee shall cause a written notice of discontinuance of water service to be delivered to the property. The owner or occupant will have ten days to pay the delinquency, penalties and administrative fees in full or request an administrative hearing.

B.   Discontinuance Of Service:

1.   If no request for a hearing is made as herein provided, water service may thereafter be discontinued. No service shall be discontinued on a holiday or the weekend. If a hearing is requested, water service shall be continued pending the outcome of the hearing. The hearing shall be convened within seven (7) business days of the date the request for hearing is received by the Finance Director.

2.   Nothing in this section shall be construed to prevent discontinuance of water service for reasons of safety, health, or cooperation with other civil authorities.

C.   Hearings: The Finance Director shall hear all matters relating to disputes or complaints regarding water billing. The Finance Director shall consider the complainant's allegations and shall explain the user's account and the contention of the Village in connection therewith. The Finance Director shall be authorized to act on behalf of the Village in resolving the complaint and shall have authority to order that water service be discontinued. The Finance Director shall be available during all business hours for hearing complaints. In the event he or she is not available during business hours, the Finance Director may designate another person to conduct the hearing.

D.   Reinstatement Of Service:

1.   Once water service is disconnected, it shall not be reinstated until all arrearages, together with any late payment penalties, have been paid or unless otherwise approved by the Finance Director. Personal checks will not be accepted to restore service once disconnected due to non-payment. In addition, a seventy-five dollar ($75.00) fee shall be paid prior to the resumption of water service to cover the cost of shutting off and turning on the water. If water service is reinstated during nonbusiness hours or on a weekend, an additional one hundred seventy-five dollars ($175.00) shall be paid.

2.   If the Village is requested to voluntarily shut off or turn on water service by either a resident or the resident's contractor during nonbusiness hours or on a weekend, a fee of one hundred seventy five dollars ($175.00) shall be paid to the Village prior to the shutoff or turn on of the water service. There shall not be a fee for voluntarily shutting off or turning on the water if the shutoff or resumption of water service can be accomplished during normal Village working hours. (Ord. 2019-26, 4-18-2019)

9-2B-8: COLLECTION BY OUTSIDE AGENCIES; FEE:

A.   Collection Agency: In addition to any other method of collection as herein provided or as provided by laws, the Village may turn delinquent users over to collection agencies. Any residential or nonresidential user being turned over to such an agency for collection shall first be sent a notice of the Village's intent to do so.

B.   Turnover Fee: The Village may impose a collection agent turnover fee on any customer so turned over to such an agency. If so, the notice must state to the customer the amount of such fee, which will include the cost of the turnover plus processing expenses. (Ord. 2012-66, 11-1-2012)

9-2B-9: LIEN PROVISIONS:

Whenever a balance for water and sewer service totaling five hundred dollars ($500.00) or more remains unpaid for ninety (90) calendar days after it has been issued, the Village Clerk may file, with the County Recorder of Deeds, a statement of lien claim.

9-2B-10: DISPOSITION OF REVENUES:

A.   All revenues and monies derived from the operation of the waterworks system shall be held by the Finance Director separate and apart from his private funds and separate and apart from all other funds of the Village, and all of such sum, without any deductions whatever, shall be delivered to the Finance Director not more than five (5) days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the Village President and Board of Trustees.

B.   The Finance Director shall receive all revenues from the waterworks system and all other funds and monies incident to the operation of such system as the same may be delivered to him and deposit the same in a separate fund designated as the Environmental Fund of the Village, and the Finance Director shall administer such fund in every respect in the manner provided by the provisions of division 139 of article 11 of the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto. (Ord. 2007-19, 2-15-2007)

9-2B-11: RECORDS AND ACCOUNTS; AUDIT:

The Finance Director shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the waterworks system, and at regular annual intervals, he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the waterworks system. In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the waterworks facilities. In this regard, the financial information to be shown in the audit report shall include the following:

A.   Flow data showing total gallons produced from the waterworks for the current fiscal year.

B.   Billing data to show total number of gallons billed.

C.   Debt service for the next succeeding fiscal year.

(Ord. 2005-69, 12-1-2005)

9-2B-12: NOTICE OF RATES AND CHARGES:

A copy of this article, properly certified by the Finance Director, shall be filed in the Office of the County Recorder of Deeds and shall be deemed notice to all owners of real estate of the charges of the waterworks system of the Village on their properties. (Ord. 2005-69, 12-1-2005)”

Section 2:    That this Ordinance shall be in full force and effect on May 1, 2024, and after its passage, approval, and publication in pamphlet form as provided by law.

AYES: Trustees Schmidt, Siddiqi, Light, Maritato and Pojack

NAYS: None

ABSENT: Trustee Schroeder

                     __________________________________

                     Chodri Ma Khokhar, Village President

PASSED:      This 18th day of April, 2024.

APPROVED:      This 18th day of April, 2024.

PUBLISHED:      This 18th day of April, 2024.

ATTEST:

____________________________________

Marie A. Schmidt, Village Clerk