ORDINANCE NO. 2024-18

AN ORDINANCE AMENDING TITLE 7 CHAPTER 4 SECTION 7-4-1 OF THE CODE OF ORDINANCES OF THE CITY OF PLANO RATES AND CHARGES FOR USE OF COMBINED WATERWORKS AND SEWERAGE SYSTEM

   WHEREAS, on the 13th day of February, 1978, the City Council of the City of Plano, Kendall County, Illinois, adopted Ordinance No. 1978-1, entitled: “An Ordinance Establishing Rates and Charges for the Use and Service of the Combined Waterworks and Sewerage Systems of the City of Plano, Kendall County, Illinois”;

   WHEREAS, said Ordinance has, from time to time, been amended to adjust the rates or charges for the use of and service supplied by the combined waterworks and sewerage system of the City of Plano, County of Kendall and State of Illinois, to defray all of the expenses incident thereto;

   WHEREAS, the City Council did adopt, on the 10th day of January, 2011, Ordinance No. 2011-1, entitled: “AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE USE AND SERVICE OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEMS OF THE CITY OF PLANO, KENDALL COUNTY, ILLINOIS”;

   WHEREAS, pursuant to the provisions of Section 4 of Ordinance No. 2011-1, a water and sewer rate increase was scheduled to take effect commencing on March 1, 2014;

   WHEREAS, on March 24, 2014, the City Council did adopt Ordinance No. 2014-9, entitled: “AN ORDINANCE AMENDING CITY OF PLANO ORDINANCE NO. 2011-1 ENTITLED “AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE USE AND SERVICE OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEMS OF THE CITY OF PLANO, KENDALL COUNTY, ILLINOIS SUSPENDING RATE INCREASES SCHEDULED TO TAKE EFFECT MARCH 1, 2014, AND THEREAFTER”;

   WHEREAS, pursuant to the provisions of Ordinance No. 2014-9, the City Council indicated that the water and sewer rate increases that were scheduled to take effect on March 1, 2014, were suspended and deferred pending further study and action by the City Council, and the rates and charges for use and service of the combined waterworks and sewerage systems for the City of Plano in effect as of February 28, 2014 would remain in effect until further action by the City Council;

   WHEREAS, the City Council, after studying and deliberation, has determined that at the present time it is in the best interests of the City of Plano to adjust the rates for waterworks services and the rates for sewerage service to ensure that revenues derived from the rates and charges defray the costs and expenses incident to the operations of the waterworks and sewerage systems of the City of Plano; and

   WHEREAS, the City Council did adopt, on the 27th day of March, 2023, Ordinance No. 2023-5, entitled: “AN ORDINANCE AMENDING CITY OF PLANO ORDINANCE NO. 2014-9 ENTITLED “AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE USE AND SERVICE OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEMS OF THE CITY OF PLANO, KENDALL COUNTY, ILLINOIS SUSPENDING RATE INCREASES SCHEDULED TO TAKE EFFECT MARCH 1, 2014 AND THEREAFTER” AND AMENDING TITLE 7 CHAPTER 4 SECTION 7-4-1 OF THE CODE OF ORDINANCES OF THE CITY OF PLANO “RATES AND CHARGES ESTABLISHED: STANDARD WATER AND SEWER BI-MONTHLY RATES/CHARGES”;

   WHEREAS, the City Council, after studying and deliberation, has determined that at the present time it is in the best interests of the City of Plano to adjust the rates for waterworks services and the rates for sewerage service to ensure that revenues derived from the rates and charges defray the costs and expenses incident to the operations of the waterworks and sewerage systems of the City of Plano; and

   WHEREAS, the City of Plano (hereinafter referred to as the “City”) is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois;

   WHEREAS, the City has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the City Code of the City of Plano, as amended; and

   WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents including the adoption and imposition of certain taxes.

   NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Plano, Kendall, Illinois in open meeting assembled as follows:

Section One – Recitals

   The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings.

Section Two – Recitals

   Pursuant to Title 7 Chapter 5 Section 1 of the City Code for Water Improvements and Extension, “the public purpose of this chapter is that the water well and pump systems and the water distribution systems throughout the city, in their operation and expansion, conduce to the better preservation of the public health, comfort and convenience of the community if certain required improvements be made to the existing plants and mainline systems.”    

Section Three – Recitals

   Title 7 Chapter 5 Section 2 of the City Code for Water Improvements and Extension, Accomplishing Purpose, states as follows, “The above can best be accomplished by the establishment of an improvement fund which should be acquired in a fair and equitable way from landowners within the corporate limits of the city, taking into consideration the fact that the existing improvement facilities were constructed at the expense of certain landowners within the city. Connection fees to the city systems should be charged in proportion to the benefits received. It is the determination of the city council to provide for depreciation and obsolescence of the main line facilities and all other facilities and appurtenances of the city water system by the establishment of this fund and the contributions thereto in a fair and equitable manner proportionate to the benefits gained.”

Section Four - Amendment

   Title 7 Chapter 4 Section 1, Rates and Charges Established, is hereby modified to include the following:

7-4-1 RATES AND CHARGES ESTABLISHED

    A.   Waterworks And Sewerage System Rates And Charges: There shall be and there are hereby established rates or charges for the use of and service supplied by the combined waterworks and sewerage system of the city based upon the amount of water consumed, as shown by the water meters, as follows:

The following standard rates or charges shall apply commencing May 1, 2024, and billed on the bi-monthly bill issued effective May 1, 2024, or thereafter:

STANDARD WATER AND SEWER RATES/CHARGES:
(May 1, 2024, through April 30, 2025)

 

WATER SERVICE:	For the first 2,000 gallons of water, bi-monthly: Minimum charge of $ 19.35
	For all gallons of water in excess of 2,000 gallons, bi-monthly: $ 5.13 per 1,000 gallons, or part thereof, bi-monthly.
SEWER SERVICE: (The rates or charges for sewer service are based upon the number of gallons of water used.)	For the first 2,000 gallons of water, bi-monthly: Minimum charge of $ 29.02.
	For all gallons of water in excess of 2,000 gallons, bi-monthly: $ 6.08 per 1,000 gallons, or part thereof, bi-monthly.

 

The following Senior Citizens' (62 years and older) rates or charges shall apply commencing May 1, 2024, and billed on the bi-monthly bill issued effective May 1, 2024:

SENIOR CITIZENS' (AGE 62 AND OVER)
WATER AND SEWER RATES/CHARGES:
(May 1, 2024, through April 30, 2025)

 

WATER SERVICE:	For the first 4,000 gallons of water, bi-monthly: Minimum charge of $ 16.83.
	For all gallons of water in excess of 4,000 gallons, bi-monthly: $ 4.46 per 1,000 gallons, or part thereof, bi-monthly.
SEWER SERVICE: (The rates or charges for sewer service are based upon the number of gallons of water used.)	For the first 4,000 gallons of water, bi-monthly: Minimum charge of $ 27.64
	For all gallons of water in excess of 4,000 gallons, bi-monthly: $ 5.79 per 1,000 gallons, or part thereof, bi-monthly.

 

    B.   Rates commencing May 1, 2025. In the event the City Council has not taken action to amend or revise by ordinance the water and sewer rates set above, the rates or charges set forth in Section A shall apply commencing May 1, 2025 and thereafter.

    C.   Qualifications For Senior Citizens' Rates And Charges: To qualify for the senior citizens' (age 62 and over) rates and charges, the user must present to the city evidence of the following:

1.   Age (62 years of age or older);

2.   Proof of residence in the city of Plano, Illinois;

3.   Proof of occupancy of the residence in the city of Plano, Illinois.

Proof of age shall be in the form of a birth certificate, a valid Illinois driver's license or a current Illinois issued picture identification.

Proof of residency and occupancy for the senior citizen shall be a) in the form of a current bill from another utility company showing the name and the Plano address or a current statement from a credit card company, bank or similar business, showing the name and Plano address, and b) a valid Illinois driver’s license or current Illinois issued picture identification showing the Plano address.

The reduced senior citizens' rate shall apply only to residential users and shall not apply to any commercial or industrial users.

    D.   Outside Corporate Limits: Users of the combined waterworks and sewerage system of the city whose premises are located outside of the corporate limits of the city shall have fifty percent (50%) added to their bills.

    E.   Amendment Of Rates By Ordinance: Said rates or charges may hereafter be amended, from time to time, by ordinance duly adopted by the city council amending the same.

    F.   Charge For Construction Use Of Water: For construction water usage for all new construction there shall be a charge of one hundred dollars ($100.00) per month from the time of excavation until such time that the meter is installed and actual water usage can be determined. This fee shall be billed to the building permit applicant or property owner. No certificate of final occupancy shall be issued until the aforementioned charges are paid in full. (Ord. 1996-6, 3-18-1996; amd. Ord. 2002-51, 12-9-2002; Ord. 2007-12, 3-12-2007; Ord. 2011-1, 1-10-2011; Ord. 2014-9, 3-24-2014; Ord. 2014-12, 4-14-2014; Ord. 2023-5, 3-27-2023)

Section Five – Codification

   The title, chapter(s) and section(s) adopted by this ordinance shall be numbered and placed in an appropriate title, chapter(s), and sections(s) sections when and during the codification of the Plano Municipal Code.

Section Six – Conflict Clause

   That all ordinances, parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict.

Section Seven – Passage Clause

   That this ordinance shall take full force and effect from and after its passage, approval and publication as provided by law.

Section Eight – Constitutionality Clause

   Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the City of Plano Municipal Code.

Section Nine – Publication

   This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code.

Section Ten – Recording

   This ordinance shall be entered into the minutes and upon the journals of the City Council of the City of Plano.

DECIDED pursuant to a Roll Call Vote as follows:

	YES	NO	ABSENT	PRESENT
Barbara Nadeau, Ward 1
Mark Swoboda, Ward 1
Jamal Williams, Ward 2
John Fawver, Ward 2
Stephen DeBolt, Ward 3
Katherine Wickens, Ward 3
Thomas Johns, Ward 4
Scott Mulliner, Ward 4
Michael Rennels, Mayor
TOTAL

 

   PASSED AND APPROVED by the City of Plano City Council on the 22nd day of April, 2024:

      ___________________________________

      Michael Rennels

      Mayor

ATTEST :

___________________________________

Carin Martin

Deputy City Clerk

STATE OF ILLINOIS   )

   )   SS

COUNTY OF KENDALL   )

CLERK’S CERTIFICATION

   I, Carin Martin, do hereby certify that I am the duly qualified Deputy City Clerk in and for the City of Plano, Kendall County, Illinois; that I am the keeper of the files, records, and seal of said City, and that the following is a true and correct copy of Ordinance No. 2024-____

AN ORDINANCE AMENDING

TITLE 7 CHAPTER 4 SECTION 7-4-1 OF THE CODE OF

ORDINANCES OF THE CITY OF PLANO

RATES AND CHARGES FOR USE OF COMBINED

WATERWORKS AND SEWERAGE SYSTEM

adopted and approved by the Mayor and City Council at an official meeting held on April 22nd, 2024 and that the vote on the motion for adoption was as follows:

	YES	NO	ABSENT	PRESENT
Barbara Nadeau, Ward 1
Mark Swoboda, Ward 1
Jamal Williams, Ward 2
John Fawver, Ward 2
Stephen DeBolt, Ward 3
Katherine Wickens, Ward 3
Thomas Johns, Ward 4
Scott Mulliner, Ward 4
Michael Rennels (if necessary)
TOTAL

   I do further certify that the deliberations of the Council on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was called and held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and with the provisions of the City Code of the City of Plano, as amended, and that the Council has complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Council.

   I further state that this Certification is issued under my hand and the seal of the City of Plano as required in the Illinois Compiled Statues 65 ILCS 5/1-2-4.

   IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Corporate Seal of said City of Plano, Kendall County, Illinois on the date set forth herein.

____________________________________   (SEAL)

Carin Martin, Deputy City Clerk

THE CITY OF PLANO

KENDALL COUNTY, ILLINOIS