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Ordinance 1974-69 ,-, AN ORDINANCE PERTAINING TO THE WATER WORKS OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE , ILLINOIS AND REPEALING ALL ORDINANCES IN REGARD TO THE WATER WORKS HERETOFORE PASSED AND APPROVED BE IT ORDAINED, by the City Council of the United City of the Village of Yorkville , Illinois : SECTION I . GENERAL SUPERVISION. The Water Department of the United City of the Village of Yorkville , Illinois , hereinafter referred to as the "City" shall be under the active supervision of the Superintendent of Water Works , who shall be under the direct supervision of the Water Works committee of the City Council . Said Superintendent shall make a written report to the City Council of all his acts and doings when- ever requested by said Council , and such reports shall be placed on file with the City Clerk and shall show the kind and amount of ma- terials used, the cost thereof and all expenses attending the work. He shall also keep a correct map of all watermains now or herein- after laid in said Village , with their dimensions , locations and connections , hydrants and cutoffs ; and shall keep a just , true and correct books of account , and such books , records , maps , and other accounts shall be delivered to his successor or to the City Council at any time , upon request . SECTION II . REVENUES , INCOME AND EXPENDITURES. All revenue derived from the sale of water as herein- after provided, shall be kept separate and apart by the Treasurer of the CITY from the other revenue of said CITY. Said money shall be known as the "Water Fund" and shall be used exclusively for water works purposes ; that is , for the maintenance , exten- sion , improvement and operation of said water works , the retire- ment of water works bonds , and certificates , and under no circum- stances shall this revenue be diverted to any other purpose . All money due the Water Department from all purposes and sources , including the collection of water rents or rates , shall be paid to the City Treasurer or City Collector. If the same shall be paid to the City Collector , he shall in turn forward the same to the City Treasurer . s Page 2 SECTION III . WATER SUPERINTENDENT AND EMPLOYEES. The Superintendent of Water Works shall receive his wages from the Water Works Fund, for his services in the active supervision of said Water Works . Such sum to be fixed by Reso- lution, and set forth in the annual Appropriation Ordinance . The Mayor and members of the City Council shall have the autho- rity to hire all other employees necessary for the proper opera- tion and management of the Water Works . The wages of all such employees shall be fixed by Resolution, and all wages and other expenses of the Water Department shall be paid out of the Water Fund, through vouchers authorized and drawn in the like manner, as all other vouchers , except however that such amounts shall be paid only out of the Water Fund. SECTION IV. AUDIT . The City Council shall cause a proper audit to be made at least once each year of the Water Department . The report of such audit shall be open for inspection at all proper times to any tax payer, water user , or any holder of bonds issued by the Water Department . SECTION V. WATER WORKS FUNDS . The Treasurer of the City shall be custodian of the funds derived from income received from the Water Works system, and shall give proper bond for the faithful discharge of his duties . The Treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund moneys and another account in which shall be placed the depreciation funds and all other funds necessary to provide for refunding outstanding cer- tificates or bonds payable out of water revenue . SECTION VI . WATER SERVICE CHARGES AND FEES. a) Meters shall be read quarterly and bills for water furnished shall be mailed on or about the first day of July, October , Jan- uary and April of each year , and all bills and charges for water rents and other ser- vices are payable at the office of the City Treasurer or Collector. b) The following water rent charges or rates are hereby established and shall be col- lected for all water consumption and water services rendered by the City for which each service shall be by meter registra- tion. Six Dollars and Twenty-five cents ($6 . 25) for the first five hundred (500) cubic z Page 3 feet , or fraction thereof, per Quarter. Seventy-five cents ($0 . 75) per one hun- dred (100) cubic feet over five hundred (500) cubic feet , to and including two thousand (2000) cubic feet . Seventy cents ($ . 70) per one hundred (100) cubic feet over two thousand (2000) cubic feet, to and including four thousand (4000) cubic feet. Sixty-five cents (0 . 65) per one hundred (100) cubic feet above four thousand (4000) cubic feet. c) For all water consumption and water services rendered beyond the City limits by the City for which each service shall be by meter registration ; charges shall be double the normal rates . d) After the effective date of this Ordi- nance , each residential housing units will be charged as outlined in this Section, regardless of the number of housing units that are served through a single meter. e) The above rates are for a Quarter of a year or fraction thereof. f) The flat rate for water services supplied on a temporary basis without meters shall be as follows : Unmetered service generally, per day. $15 . 00 Outdoor shows , including carnivals , circuses and wild west shows , per day 52 . 50 Filling outdoor swimming pools . . . . . 37 . 50 g) All charges for water shall be due and pay- able on rendition in mailing of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing and for the purpose of enforcing the lien provided by Article 75 , Paragraph 4 of Chapter 24 , Illinois Revised Statutes , the 40th day following the first day of the respective Quarter is hereby fixed as a delinquency date . h) Ten (10) days after a bill shall become delinquent , the water may be shut off from the premises , and shall not be turned on until all back rentals and charges are paid, together with a Five Dollar ($5 . 00) fee for turning on the water, when service is located within the City limits ; said fee shall be Ten Dollars ($10 . 00) plus all back rentals and charges when service is located beyond the City limits . i) In the event a water user becomes more than ten (10) days delinquent oll two or more separate occasions , the user may be required to furnish an additional deposit to the City in an amount equal to one estimated bill or not less than Twenty Five Dollars ($25 . 00) and Twenty Five Dollars ($25 . 00) in the case of all other property, and the City may refuse to turn said water on again until the aforesaid deposit has been received. Page 4 SECTION VII . WATER SERVICE CUSTOMER DEFINED , AND SERVICE DEPOSIT RULES. Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the State of Illinois . Only such owner shall be recognized as the consumer, except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served, to guarantee payment for water service , but in no case shall such deposit be less than Twenty-five Dollars ($25 . 00) . The deposit shall accompany the applica- tion for service . Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises . Such payments shall be accepted from tenants if tendored by them, but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due , or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service . SECTION VIII . CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMER. No person, either owner or tenant , who in changing their residence from one location to any other location served by the Water Department , shall be given water service until any and all delinquent water rentals which are charged against them at former place of residence shall have been paid in full , and no water at new location shall be turned on, and if so , the same shall be turned off until settlement of such delinquent water rental at former location is made . A charge of Five Dol- lars ($5 . 00) for turning on water and renewing service shall be made , in addition to the payment of the delinquent water rental or charges . . Page 5 SECTION IX. PUBLIC WATER SUPPLY FOR SUBDIVISIONS. No subdivisions of land J in the corporate limits shall be approved by the City Council unless the lots therein are provided with adequate water connecting with the City water system, if at all practical . Water connections and City water main extensions , if in order to connect to the City Water sys- tem, shall be at the subdividers expense but under the direct supervision and control of the City Council or their authorized agents . The subdividers shall pay, prior to the time said extension is undertaken, the cost of said extension. Upon com- pletion, any extension shall be dedicated to the City and become property of said City who shall then assume full responsibility for maintenance and repairs of the same . SECTION X. RESPONSIBILITY OF CITY FOR SERVICE CONTINUATION. The City shall not be held responsible by reason of the breaking of any service pipe or apparatus , or for failure in the supply of water. The City, when necessary, without notice , may shut the water off in its mains for the purpose of making repairs or extension or for other purposes . No claims shall be made against the City by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing , laying or relaying mains , hydrants , or other connections . SECTION XI . TEMPORARY SERVICE TO CONTRACTORS . If during construction of a service installation on a three-quarter (3/4) inch or one (1) inch tap , it is tempo- rarily impossible to install a meter as required, the Superin- tendent or City Council may , upon receipt of application, issue a temporary bulk water permit , and turn into the service and allow use of unmetered water for normal construction purposes . Such permit shall not exceed sixty (60) days after the date of issuance of the permit for construction of said service instal- lation. The charges for temporary bulk water permit shall be Ten Dollars ($10 . 00) for each thirty (30) days or less that a meter is not installed after issuance of a plumbing permit , and Page 6 not to exceed a total of sixty (60) days . Said charges shall be paid in advance of each period requested, and before water is turned on by the department . SECTION XII . ELECTRICAL GROUNDING TO WATER SYSTEM. No part of any water service , including the portion owned or used by any user of water, shall be used as a ground for a radio , telephone , and other electrical system or appliance . SECTION XIII . UNNECESSARY WASTE OF WATER. Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in acutal use . If unnec- essary waste of water takes place , the City Council reserves the right to cut off the supply and the City further reserves the right to prohibit the use of water for yard sprinklers , elevators and large consumers of water, when in the judgment of said Coun- cil , it shall be necessary to do so. SECTION XIV. PRIVATE FIRE PROTECTION SYSTEMS . Private sprinkler and fire protection water systems may be connected with the City water mains , subject to the following provisions and regulations , and provided the applicant is a consumer taking water supply for other uses from the City, at regular rates for such uses . a) Whenever sprinkler or fire protection services are desired, application shall be made for the privilege of installing such service , which application shall include complete specifications and plans of the installation contemplated. If said application is approved by the City Council , the applicant shall enter into an agreement with the City for connec- tion to City mains , subject to the pro- visions of this chapter. b) City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the Superintendent . All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross connections between private water supplies and services connected to City mains shall be permitted. c) The following rates and charges shall apply to all sprinkler and fire protec- tion services connected with the water mains of the City. 6 Page 7 Sprinkler system service : For each connection serving 500 sprinkler heads or less . . . . . . . . $12 . 50 semi-annual For each additional sprinkler head on any connection, over 500 Meads 0 . 015 each semi-annual Fire protection service : For each fire hydrant located on private property . . . . . . . . . . . 5 . 00 semi-annual For each wet hose connection on private property . . . . . . . . . . . 1 . 00 semi-annual Sprinkler and fire protection service , rates and charges shall not be subject to any discount . Such rates and charges shall be considered as payment only for such water as may be necessary to use in making the usual and ordinary tests of such systems under the underwriters rules , or for actual fires . Sprinkler and fire protection service shall not be required to be metered unless it shall be found that water is used from same for purposes other than for the usual tests or for fire fighting, in which case the City is empowered to require the installation of a meter . d) Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Superintendent at any time for count and con- formity to the City regulations . SECTION XV. WATER SYSTEM IMPROVEMENTS BY DEVELOPERS. Where improvements and extensions to the water distri- bution system are required in order to serve the needs of a de- velopment, the developer shall bear all costs in the water main installation. (See subdivision ordinance) . Prior to proceeding with construction, the developer shall prepare and submit plans and specifications to all federal , state , county, township and other government agencies as required by law. Permits or approvals shall be received from all appro- priate agencies . The contractor shall also submit plans and specifications to the Superintendent and shall obtain written approval from the City Council before proceeding with construc- tion. The following requirements shall be met : 7 Page 8 1 . Plans and specifications submitted shall bear the seal of a current registered professional engineer. 2 . Watermains shall be not less than 6" in diameter. 3 . Fire hydrants shall be set at each intersection and at intervals not to exceed 400 ' (whichever results in closer spacing) . 4 . Watermains of 6" and 6" size may be ductile or cast iron. All Watermains 10" or over shall be ductile iron pipe , suitable for pressures of at least 150 psi operating pressure . S . Watermains shall be buried such that finished grade will provide not less than 5-1/2 ' of cover and not greater than 811/2 ' of cover over the main. 6 . All watermain extensions shall be designed, installed and tested in accordance with the "Standard Specifi- cations for Water and Sewer Main Construction in Illinois". 7 . The contractor shall pay all expenses incurred by the City to provide field inspections and approval of watermains , before , during and after construction. At the sole option of the City, the following pro- cedures shall be followed: a) Complete field inspection by the Superintendent or his agent , with free advice and consulting on the project by the design engineer; b) Complete field inspection by the design engineer for the developer with periodic field checking by the Superintendent or his agent ; c) Complete field inspection by the design engineer for the developer . If the City selects this option, there shall be submitted to the City a sworn statement carrying the design engineer ' s signature and seal ; stating that the water sys- tem was installed in strict accordance with the plans and specifications as approved, except as shown in the "as built" drawings . 8 . Mylar or cloth reproducible drawings shall be sub- mitted to the City after construction showing the system "as built" . SECTION XVI . INSTALLATION OF OVERSIZE MAINS BY DEVELOPERS. When, in any subdivision, now within the City or with- in one and one-half (1-1/2) miles of the City limits , which normally would require a 6" or 8" size watermain, but which for the purpose of complying with the plan of development of the City' s water system to provide an adequate water supply, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and Superintendent have determined that watermains of a larger diameter than 8" and the size thereof, shall be installed then the City Engineer or the Superintendent shall inform the Page 9 subdividers , builders and developers of the subdivision by a written notice of that fact and require them to install such oversized watermains and at the same time , in said notice , inform them of the size to be installed. Upon being so notified as provided for in this section, no subdivider , builder or developer shall install any watermain in such subdivision of any size other than that specified to him by the aforesaid notice . At such time as the installation of said oversized watermain pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this section, and all such installations shall have been inspected and approved by the City as provided for by the Or- dinance of the City, then the City will pay any such subdivider, builder or developer who has installed oversized watermain pipe , as above provided, the difference of the cost at current prices , as of the time of said installation, between the 8" main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. SECTION XVII . APPLICATION FOR WATER SERVICE CONNECTION. All applications for water service connections and for water service shall be made in writing on forms to be furnished by the City. No approval for water service connec- tion shall be granted unless and until said forms are filled out and signed by the applicant , and until all fees for connec- tion and meter are submitted. SECTION XVIII . WATER SERVICE CONNECTION AND CHARGES . All connections and installations of water service shall , upon proper application, be made from the existing main upon applicant ' s street to the street side of applicant 's sidewalk or to a point four feet within the curb line , which- ever point the Superintendent of Water Works shall so elect. Said connections and installations shall be made only by authorized employees of the City and only after payment by the user or property owner at the time of application for water to the City Treasurer or Collector of a connection fee as outlined below: Page 10 Service for 5/8" meter $ 250 . 00 Service for 3/4" meter 275 . 00 Service for 1" meter 415 . 00 Service for 1-1/4" meter 600 . 00 Service for 1-1/2" meter 700 . 00 Service for 2" meter 925 . 00 Service for 3" meter 1 ,675 . 00 Service for 4" meter 2 ,175 . 00 Service for 6" meter 4 , 176 . 00 If the Superintendent so desires , he may request the applicant to furnish materials , equipment and labor to install the service connection. Where such request is made , the mat- erials used shall be approved by the Superintendent and the installer shall be bonded, qualified and approved by the Super- intendent before installation. If the service connection is installed by the applicant , the following charges and fees shall be paid. Service for 5/8" meter $ 50 . 00 Service for 3/4" meter 65 . 00 Service for 1" meter 195 . 00 Service for 1-1/4" meter 440 . 00 Service for 1-1/2" meter 960 . 00 Service for 2" meter 1 , 095 . 00 Service for 3" meter 1 ,385 . 00 Service for 4" meter 1, 875 . 00 Service for 6" meter 3 , 865 . 00 The installation of the service connection by appli- cant shall be allowed only where connection will be made to new watermains that are not yet in service . Where connection is made to existing City-owned watermains , the installation of the service connection shall be made by the Superintendent or an authorized employee of the City of Yorkville . All service connections and installations shall be provided with corporation cock, curb-stop cock, and shut-off, curb box of a standard and approved type , and shall be subject to approval by the Superintendent . All materials , including pipe , stop cock, valves , shall be of a standard and approved type and placed and located under the direction of the Superin- tendent . SECTION XIX. WATER METERING , FEES AND CHARGES . All water furnished consumers shall be metered and all meters shall be of a standard and approved make , and shall be furnished by the City and set by the Water Works Department. Meters shall remain the property of the City and are subject to /0 • Page 11 removal any time . The owners must provide suitable locations in piping system for same and meters shall be placed on service pipe not to exceed two (2) feet from the wall where such pipe enters the premises . There shall be a stop and waste on the inlet side of the meter, a shut-off ;zalve on the outlet side of the meter, and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all times to the meter reader and inspector of the Water Works Department . Owners or occupants shall be responsible for care and protection of a meter , but the same shall be subject to inspec- tion and test at any reasonable time by the Water Works Depart- ment ; however , meters may be repaired by the City Council at no cost to the owner and no one shall interfere with the regis- tration of or break a seal on any meter, providing however that the Superintendent may grant permission to break a seal for draining pipe , or stopping leaks . The costs involved in furnished and installing the meter shall be borne by the applicant. Cost to be reimbursed to the City shall include the meter, remote readers , valves , check-valves , meter setting hardware , and labor, The charges shall be actual cost for materials and labor including fringe benefits , but excluding any fees for overhead, profit or similar marginal costs . If, at the request of, and for the convenience of the owner of a premises containing more than one customer, water is furnished to said premises through a single meter for the pur- pose of redistribution to the several customers , the charges set forth for a service for a 5/8" meter shall be multiplied by the number of customers served and the product therefrom shall be the water service connection charge . In case of doubt as to accuracy of a meter, the con- sumer may complain and tests shall be made by the Superintendent of Water Works , and if the meter is found to measure more than four (4) percent incorrectly, no charge shall be made , and if Page 12 an over-register of more than four (4) percent is found, a pro- portional deduction shall be made from the previous water bill ; if said meter registers within four (4) percent of accuracy, then all expense of testing shall be borne by the person making the complaint . SECTION XX. SIZE OF METERS . The size of meter required for any metered water supply shall be governed by the size and character of the pre- mises served or to be served as follows : Description of premises Size of Meter Residence , not over twelve (12) rooms , or two (2) family flat. . . . . . 5/8 inch Three (3) or four (4) family flat . . . . 3/4 inch Size of meters for large buildings , apartments or flats shall be designated by the Superintendent at the time of application for water supply. The size of meters so specified shall be subject to change from time to time thereafter as demand or other condition may require . The right is reserved to require an increase in the size of meter , in any case where in the discretion of the City the use of water exceeds the capacity of the meter. SECTION XXI . WATER SHUT-OFF AT CUSTOMERS REQUEST. Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the Super- intendent of Water Works or the City Treasurer or Collector, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is dis-continued, all water rentals for such service shall become due and payable . When water service is again desired after having been discontinued, a charge of Five Dollars ($5 . 00) shall be made and collected before turning on water and renewing service . SECTION XXII . WATER TURN-ON AT CUSTOMERS REQUEST . In turning on water, the City Council or the Water Works Department shall not be responsible for any damage that may occur by reason of improper fixtures , open or improper connections , or for any other causes . AZ w ' Page 13 SECTION XXIII . WATER CUSTOMER CONTRACTURAL AGREEMENT. The rules and regulations as set forth in this Ordinance shall be considered a part of the contract of every person who takes water supplied by the City through the City Water Works , every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this Ordinance , upon his acceptance of water service from said City. SECTION XXIV. VIOLATIONS . Any violation of this Ordinance shall constitute a misdemeanor and be punishable by a fine not to exceed One Hun- dred Dollars ($100 . 00) , and each day said violation occurs shall be considered a separate offense . SECTION XXV. VALIDITY OF ORDINANCE IN SECTIONS AND SUBSECTIONS . The invalidity of any section or subsection or part of this Ordinance , shall not affect the validity of the remaining portion of this Ordinance or section or subsection. SECTION XXVI . CONFLICT WITH OTHER ORDINANCES . Any ordinance in conflict herewith is hereby repealed, providing nothing herein contained shall effect the collection of any rental , sums due , fine or penalty accruing or arising under any prior Ordinance . This Ordinance shall be in full force and effect from and after its publication as required by law. PASSED THIS 2,41 day of _(�>'� /� /z A.D. , 1974 . J es J. Br t , City Clerk APPROVED by me , as Mayor of the United City of the Village of Yorkville , this a-31 day of A.D. , 1974 . Roberrt Cole an,, Mayor of the United City of the Village of Yorkville , Illinois 13