There shall be and are hereby fixed and established rates and charges for use and service of the waterworks of the City, subject to other provisions of this section, as follows:
A. Basic User Rate, Rates Without Meters, Per Month: The rate for all consumers located within the corporate limits and connected to City waterworks without a meter shall be twenty three dollars seventy cents ($23.70) per month. The rate for all residential consumers age sixty five (65) or older, who have provided sufficient proof of age to the Utility Clerk and are located within the corporate limits and connected to City waterworks without a meter, shall be twenty one dollars fifteen cents ($21.15) per month. In the event a new connection is made or a party's water is shut off for a period of time, the rate shall be prorated in half month periods. Each half month period shall be at a rate of one-half (1/2) of the applicable monthly amount listed above, and a consumer shall be required to pay for each half month period in which said consumer has water service in operation. A person vacating a property for an extended period in which no water is used, shall be entitled not to pay for that period only if they notify the Utility Clerk and the water is turned off by a City employee for said period. A fee to reconnect shall be charged to turn the water back on. Said amount is set forth in this section. Billings shall be sent to nonmetered consumers for water, sewer and garbage fees on a monthly basis.
The charges for water services set forth in this subsection shall be effective as of January 1, 2023, for unmetered users. All payments due January 20, 2023, and thereafter shall be based on the rates set forth above. The payments shall then be monthly beginning January 1, 2023. All new applications shall be prorated as set forth previously in this subsection to the nearest one-half (1/2) month.
The City reserves the right to attach a water meter to any service pipe whenever the City shall deem it expedient.
B. Rates With Meters, Per Month: The rate to be charged to all consumers using a meter to measure water consumption shall be as follows:
1. One thousand (1,000) gallons or less shall be sixteen dollars ($16.00) per month or part thereof.
2. The next five thousand (5,000) gallons of use shall be two dollars ninety cents ($2.90) per one thousand (1,000) gallons or part thereof.
3. The next fourteen thousand (14,000) gallons of use shall be one dollar seventy five cents ($1.75) per one thousand (1,000) gallons or part thereof.
4. All additional usage shall be one dollar twenty five cents ($1.25) per one thousand (1,000) gallons or part thereof.
The charges for water services set forth in this article shall be effective as of January 1, 2023, for metered users. All payments due January 20, 2023, and thereafter shall be based on the rates set forth above. Monthly payments shall be due on the twenty first of each month. All new applications shall be prorated as set forth previously in this article to the nearest one-half (1/2) month or two (2) week period. The City reserves the right to attach a water meter to any service pipe whenever the City shall deem it expedient. (Ord. 964, 7-16-2019; amd. Ord. 977, 9-15-2020; Ord. 991, 8-16-2022)
C. Billing Procedure:
1. Bills: Charges for water/sewer use shall be billed monthly for both metered and unmetered users. These bills may be paid in a monthly manner or they may be paid annually. The dates on which the bills are due shall be set forth in subsequent paragraphs of this section.
The owner of the premises and the occupant thereof and the user of water/sewer service shall be jointly and severally liable to pay for the services on said premises, and the service is furnished to the premises by the City only upon the condition that the owner of the premises, occupant and users of the service are jointly and severally liable therefor to the City.
2. Due Date And Late Fee:
a. Due Date: The due date for payments shall be the twentieth (20th) of the month. When the due date falls on Saturday, Sunday or a legal holiday, such due date will be automatically extended to include the first full business day following. When paid in person at City Hall, a payment is considered timely if made for the full amount printed on the bill by twelve o'clock (12:00) noon on the twenty first (21st) of the month. When a customer mails any payment in the full amount of a bill, and such payment is received at the utility's office not more than two (2) full business days after the due date printed on the bill, the customer shall be deemed to have made timely payment. If the postmark of the payment, in which case, the payment shall be considered past due if the payment is postmarked after the due date printed on the bill.
b. Late Fee: An initial bill will be sent which shall indicate that a late fee of fifteen dollars ($15.00) shall be charged if the bill is not paid by twelve o'clock (12:00) noon on the twentieth (20th) of the month. No additional notices of the late fee shall be required, but the late fee will automatically attach after the twentieth of each month.
3. Delinquent Bills: In the event charges for water/sewer service are not paid within thirty (30) days after the due date of the bill for such service, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquency charges shall constitute liens upon the real estate for which such services are supplied, and the Utility Clerk is hereby authorized and directed to file sworn statements showing such delinquents in the Office of the Recorder of Deeds of Carroll County, Illinois, and the filing of such statements shall be deemed notice of the lien for the payment of such charges of such services.
A procedure is hereby established for discontinuance of water/sewer service for failure to pay water/sewer charges in a timely manner. In addition, a procedure is established for reconnection of water/sewer service after late payment of water/sewer charges. Said procedures shall be as follows:
a. On the thirty first (31st) day after water/sewer charges become due and payable, the bill shall be deemed delinquent.
b. A written notice of delinquency and a notice of intention to disconnect water service shall be mailed or be delivered to the property by the Lanark Police Department. If possible this shall be personally served on people occupying the property. If no one is home or they are unable to personally serve the persons occupying the property, the copy shall be posted prominently near the front door of the property by the Police Department. In addition, if a landlord does not live at the residence, service will be made on the landlord by first class mail, if the City has on file the landlord's name and address. It shall be the responsibility of the landlord to keep the City aware of this information.
c. Five (5) days after delivery, or eight (8) days after mailing, of said notice the Utility Clerk shall inform the Public Works Manager to disconnect water service to the property the following business day.
d. Residential customers have the opportunity to make arrangements to retire the debt by periodic payments, referred to as a deferred payment agreement, unless this customer has failed to make payment under such a plan during the past twelve (12) months. The terms and conditions of a reasonable deferred payment agreement shall be determined jointly by the Utility Clerk and one member of the Water/Sewer Committee after consideration of the following factors, based upon information available from current records or provided by the customer:
(1) Size of the past due account;
(2) Customer's ability to pay;
(3) Customer's payment history;
(4) Reason for the outstanding indebtedness; and
(5) Any other relevant factors relating to the circumstances of the customer or applicant's service.
e. Upon payment of all outstanding services, plus a reconnection charge, delinquent accounts which have been disconnected shall be reconnected. In the event the reconnection is made during normal business hours of between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. Monday through Friday, and the account is within the corporate limits of the City, the reconnection charge in addition to the amount of the delinquent account shall be fifty dollars ($50.00). If said reconnection is made at other than normal business hours, including, but not limited to, during a holiday or weekend, and the account is within the corporate limits of the City, the reconnection charge shall be one hundred dollars ($100.00). In the event the reconnection is made during normal business hours of between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. Monday through Friday, and the account is outside the corporate limits of the City, the reconnection charge in addition to the amount of the delinquent account shall be one hundred dollars ($100.00). Should said reconnection be made at other than normal business hours, including, but not limited to, during a holiday or weekend, and the account is outside the corporate limits of the City, the reconnection charge shall be one hundred fifty dollars ($150.00).
f. Whenever a water/sewer service is discontinued whether the reason for the discontinuance is for nonpayment of outstanding fees due the city or at the request of the customer there shall be a discontinuance charge. In the event the discontinuance is made during normal business hours between eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. Monday through Friday, and the account is within the corporate limits of the city, the discontinuance charge shall be fifty dollars ($50.00). If said discontinuance is made other than normal business hours including but not limited to during a holiday or weekend and the account is within the corporate limits of the city the discontinuance charge shall be one hundred dollars ($100.00). In the event that the discontinuance is made during normal business hours between eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. Monday through Friday, and the account is outside the corporate limits of the city, the discontinuance charge shall be one hundred dollars ($100.00). Should said discontinuance be made at other than normal business hours including but not limited to during a holiday or weekend, and the account is outside the corporate limits of the City, the discontinuance charge shall be one hundred fifty dollars ($150.00).
4. Fees Outside Corporate Boundaries: In the event wastewater/sewer service is being provided by the City to a residence or other connection located outside the corporate boundaries of the City, the fees charged for said service shall be double the amount charged for residents for a similar service. In the event the property located outside the corporate boundaries is metered, the rate shall be double what the residence's meter rate shall be. In the event the rates are changed at any time in the future, the nonresident rate shall be reviewed and possibly increased. (Ord. 992, 11-15-2022)
D. Administrators Of Waterworks Revenues: It is hereby made the duty of the Utility Clerk to collect all charges in connection therewith and all revenues and monies derived from the operation of the waterworks system shall be held by said Utility Clerk separate and apart from all other funds of the City, and all of said sums, without any deductions whatsoever, shall be delivered to the City Treasurer immediately upon the receipt of the same.
The City Treasurer shall receive all such revenues from the waterworks system, and all other funds and monies incident to the operation of said system as the same may be delivered to him, and deposit the same in a separate fund designated as the "Waterworks Fund of the City of Lanark" and said Treasurer shall administer said fund in every respect in the manner provided by the provisions of 65 Illinois Compiled Statutes 5/11-139-1 et seq., and all laws amendatory thereof and supplementary thereto.
Said City Treasurer 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 the disbursements of the system.
E. Fees Outside Corporate Boundaries: In the event water or sewer services are supplied by the City Waterworks or Sewer Department to a residence or other water connection outside the boundaries of the City, the fees charged for both water and sewer shall be double the fees that would be charged for the same connection inside the community. If the water or sewer fees are a set dollar rate, they shall be double that rate. In the event they are a metered rate, they shall be double the amount the meter reading would normally indicate. In addition, if the residence is occupied by senior citizens, no senior citizens' discount shall apply, and the bill shall be figured at double the regular rate without the application of said discount.
F. User Charge System Review: The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the City in their annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or OM&R costs.
1. Access To Records: The Illinois Environmental Protection Agency, or its authorized representative, shall have access to any books, documents, papers and records of the City which are applicable to the City system of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of the loan agreement and rules for said loan agreement or any loan issued by the State to the City.
2. Appeals: The method for computation of rates and service charges established for user charges in this Code shall be made available to a user within thirty (30) days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the City Council within forty five (45) days after notification of a formal written appeal outlining the discrepancies. (Ord. 924, 5-17-2016; amd. Ord. 998, 12-12-2023)