A. Rates Established; Definitions:
1. Definitions: For purposes of this Section, the following definitions apply:
CITY'S CORPORATE LIMITS: The City's corporate limits as now existing or as may be hereafter established through annexation or disconnecting procedures.
INDUSTRIAL USER: Any entity whose monthly use of City water averages (over each preceding consecutive 6 month period) at least five hundred thousand (500,000) cubic feet of water, or at least four million (4,000,000) gallons of water, and such entity regularly and continually employs at least fifty (50) full time employees in Christian County, Illinois, during each monthly billing period for water usage.
MUNICIPAL USER: Any other city or village or public water district who is purchasing water under a written contract with the City. As of February 1, 2019, such "municipal users" only include the Village of Kincaid, Illinois and the Langleyville Public Water District, in Christian County, Illinois.
NONINDUSTRIAL USER: Any person, firm, partnership, association, corporation, or entity that does not meet the definition of an "industrial user" and excluding the "Park District".
PARK DISTRICT: Manners Park, Don Bragg Field, Jaynes Park, and Lakeshore Golf Course owned by the Taylorville Pleasure Driveway and Park District.
PREMISES: The "industrial user's" or "nonindustrial user's" site where the City water is delivered and distributed to for consumption or use or where the City water is used by the "industrial user" or by the "nonindustrial user".
2. Rates:
a. Water Rates For Each Nonindustrial User And Billing Period:
(1) For each "nonindustrial user" whose "premises" are located inside the City's corporate limits, the billing period shall be monthly commencing March 1, 2019 for the City's east side customers and commencing April 1, 2019 for the City's west side customers. The water rates for each "nonindustrial user" during each applicable billing period shall be as follows until such water rates are changed by the City Council:
Commencing May 1, 2018 through February 28, 2019 or through March 31, 2019, as the case may be, the bi-monthly water rates shall be:
The first 400 cubic feet or less | $30.00 minimum charge |
Over 400 cubic feet to 2,000 cubic feet | $6.30 per 100 cubic feet or part thereof |
Over 2,000 cubic feet | $5.24 per 100 cubic feet or part thereof |
Commencing March 1, 2019 for City's east side customers billable monthly, and commencing April 1, 2019 for the west side customers the water rates billable monthly shall be as follows:
The first 1,500 gallons or less | $15.00 minimum charge |
Next 6,000 gallons over 1,500 gallons | $8.50 per 1,000 gallons or part thereof |
Over 7,500 gallons | $7.00 per 1,000 gallons or part thereof |
(2) For any "nonindustrial user" whose use of water prior to March 1, 2019 or April 1, 2019, as the case may be, is or was metered or measured in gallons, then the foregoing rates for cubic feet shall be translated into gallons and billed accordingly.
(3) Where multiple services exist at a particular premises, amounts to be charged for water used in these circumstances shall be computed as if separate services existed, based upon application of the minimum water rates set forth in this Section.
b. Water Rates For A Nonindustrial User Outside The City's Corporate Limits: For City water service to "premises" located outside the City's corporate limits, the applicable water rates for water furnished to each "nonindustrial user" (as set forth in subsection A2a of this Section) shall be one hundred percent (100%) higher than the rates for water furnished to a "nonindustrial user" inside the City's corporate limits.
c. Water Rates For Each Industrial User And Billing Period:
(1) Each "industrial user" whose "premises" are located inside the City's corporate limits shall be billed monthly and the applicable water rates shall be as follows:
Commencing May 1, 2014, until such water rates are changed by City Council:
Flat rate | $1.91 per 100 cubic feet or part thereof |
Commencing with the March 2019 monthly billing period, the water rates shall be:
Flat rate | $2.55 per 1,000 gallons or part thereof |
(2) Each "industrial user" whose "premises" are located outside the City's corporate limits shall be billed monthly, and the applicable water rates shall be as follows:
Commencing May 1, 2017, the water rates shall be:
Flat rate | $2.32 per 100 cubic feet or part thereof |
Commencing with the March 2019 monthly billing period, the water rates shall be:
Flat rate | $3.10 per 1,000 gallons or part thereof |
(3) For any "industrial user" whose use of water is now or hereafter metered or measured in gallons, then the foregoing rates for cubic feet shall be translated into gallons and billed accordingly.
(4) The foregoing water rates shall only apply to an "industrial user" for so long as such "industrial user" obtains and purchases its total water needs from the City and does not develop, repair, refurbish, or use private water wells or purchase or obtain water from other sources. If the "industrial user" fails to obtain and purchase its total water needs from the City or uses water from private wells or from any other source, then the "nonindustrial user" rates set forth in subsections A2a and A2b of this Section, as the case may be, shall apply.
d. Water Rates For Each Municipal User And Billing Period: The applicable water rates and billing period for each "municipal user" shall be as established, from time to time, in accordance with the written contract or intergovernmental agreement then in effect between the City and such "municipal user".
e. Water Rates And Billing Period For The Park District: The billing period shall be monthly commencing May 1, 2018 and the water rate shall be the applicable nonindustrial rates for the swimming pool, Chautauqua Building, dining hall, restrooms, faucets, maintenance building, and the house located in Manners Park, the Don Bragg Field, and Jaynes Park.
f. Sale Of Bulk Water 1 : Sale of bulk City water to tankers at the City's water treatment plant or from fire hydrants shall be for the sum of one dollar twenty five cents ($1.25) per one hundred (100) gallons or part thereof.
g. Estimated Charges: Whenever any meter, by reason of its being out of repair or service or if the seal is broken or for any other cause, fails to properly and accurately register or measure the water passing through the meter, the Water Office Manager or the Water Superintendent and/or his designee shall estimate the amount of water consumed during the time the meter failed to operate, and the consumer shall be charged and pay such estimated amount.
h. Special Water Rates And Incentives: The City Council reserves the right, from time to time, to make and provide for special water rates to users for water supplied to "premises" not covered by the water rates set forth in this Section or to provide free water service, from time to time, to any user(s) which, in each case and in the judgment of the City Council, by affirmative majority vote of the Corporate Authorities then in office, such user(s) should be charged special water rates or provided free water service, from time to time, to enhance, induce, or encourage economic or business preservation, employment, development, or growth within the City.
i. No Charge For Water Service To City Owned Property: There shall be no charge for water service to any City owned property and which water is used by the City.
j. Services, Benefits And Advantages: The City of Taylorville, in order to promote and foster a stronger economic climate in its community, is authorized to grant those Municipal services, benefits and advantages set forth below to qualified industrial and other business enterprises located in Taylorville. Each newly established enterprise must employ not less than fifteen (15) persons. The word "persons", as used herein, is intended to refer to, mean and be limited to those persons who are employed full time working not less than thirty seven (37) hours per week. Presently existing enterprises must, within a twelve (12) month period immediately preceding authorization of such grant, employ not less than fifteen (15) additional persons. The City of Taylorville is authorized to grant such qualified enterprises those Municipal services, benefits and advantages set forth as follows:
(1) Free water not to exceed seventy five thousand (75,000) gallons per month for a period of two (2) years.
(2) Free fire protection for a period of two (2) years.
(3) Real Estate Tax abatement for a period of two (2) years.
(4) Free building permits for a period of two (2) years.
k. Reservation Of Rights: The City reserves the right, from time to time, to increase or decrease the aforesaid water rates and/or to amend, modify, substitute, delete, or revise, in whole or in part, any one or more or all of the provisions set forth in this subsection A. Nothing contained in this subsection A shall be construed as creating any contract or agreement or understanding with any "industrial user", "nonindustrial user", "municipal user", the "Park District", or any other water customer(s) of the City.
l. Clearwater Organic Farms: In order to enhance, induce, and encourage economic and business preservation, employment, development and growth within the City and pursuant to subsection A2h of this Section Clearwater Organic Farms (a current City water customer located outside the City's corporate limits) is granted, effective October 15, 2018 free water not to exceed seventy five thousand (75,000) gallons per month for a period of two (2) years, subject to and provided Clearwater Organic Farms employs and maintains at least fifteen (15) full time employees who each work not less than thirty seven (37) hours per week during all times during such two (2) year period; and failing that contingency at any time such free water shall thereby immediately cease.
B. Bills For Service; Delinquencies:
1. Payment Of Bills: All water bills are due and payable on or before the fifteenth day of the month following the month in which they are billed. A penalty in the amount of ten percent (10%) of the amount due and unpaid shall be added thereto with respect to water bills not timely paid. Water bills and penalties shall be paid at the Water Collection Office. Notwithstanding anything herein to the contrary, the applicable penalty or chargeable interest for delinquent water and/or sewer bills to the State of Illinois or any political subdivision or agency thereof shall be at the maximum penalty and/or interest rate as may be provided and allowable by law at the time of each such delinquent water and/or sewer bill.
2. Delinquent Bills; Hearing; Discontinuance Of Service: All water bills are due as prescribed in subsection B1 of this section. On or after the twenty second day of the same month following each due date, a notice shall be given to all delinquent customers of disconnection of service on the seventh day after date of this notice. This final notice prior to disconnection shall state the amount due and the date the bill must be paid prior to disconnection of service. The notice will also state that before service is restored, the total amount due must be paid, including interest, plus a security deposit may be required, plus a processing fee for reconnection will be charged.
The final notice of termination prior to disconnection shall be accomplished by actual personal service upon the owner and/or occupant of the premises concerned or, to the extent such notice shall be reasonably impossible or otherwise impractical, by such other means as then appear appropriate, including posting of the notice on the front or back door of the premises.
3. Uniform Shutoff Time: As of eight o'clock (8:00) A.M. on the day of disconnection of services, the Water Collection Department shall charge the processing fee, even if service has not yet been disconnected by Water Department personnel.
4. Restoration Of Service: Before water service is restored to such premises, the customer shall pay all delinquent water bills. In addition, thirty five dollars ($35.00) shall be paid by residents and seventy dollars ($70.00) shall be paid by nonresidents as fees for restoration of service.
5. Collection Costs And Fees For Final Bills: If a final bill is not fully paid within sixty (60) calendar days or more after its stated due date, then the Water Collection Office Manager or his/her designee shall have the right, in addition to and not in lieu of any other legal remedies, and without any further notice to the water customer(s) of the subject premises to: a) turn the final bill over to a debt collection agency for collection and in such event each such debtor shall be obligated and shall pay immediately upon demand all debt collection agency fees and costs incurred by the City in addition to the amount of the final bill; and/or b) turn the matter over to the City Attorney for collection of such bill and in such event such debtor shall be obligated and shall pay the City immediately upon demand all attorney fees, costs, and expenses incurred by the City relating to the collection and/or prosecution of any litigation regarding such final bill. Each such water customer shall be jointly and severally liable to pay for the water service on such premises, and the water service is furnished to the premises by the City only upon the condition that each such customer is jointly and severally liable therefor to the City. For purposes of this section, "water customer" shall mean and include each person and/or entity in whose name the water service is in and/or who has signed any City document to provide for water service for the subject premises according to the City's records at the time of the rendering of such final bill. (Ord. 3503, 1-18-2011; amd. Ord. 3728, 9-9-2015; Ord. 3743, 3-21-2016; Ord. 3875, 11-5-2018; Ord. 3887, 3-4-2019; Ord. 4034, 5-3-2021)
Notes
| 1 | 1. See also Section 8-4-5 of this Chapter. |