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City Council Minutes 1934 01-04-34 Yorkville Ill Jan.4th 1934 Adjourned meetin3 of Jan,2nd 193 + of the President and Board i i; of Trustees of the Village of Yorkville was held in the Council ] Chambers on the above date and called to order by President Devereaux at 3:30 PM. There being present President Devereaux,Trustees,Ament,Dhuse, Friedberg,Hage,Schumacher,Wollenweber and Clerk Armbruster. The first order of business was the third reading of the new water ordinance. 0n motion by `Nollenweber seconded by Dhuse the new water ordinance be passed as read.Roll Call Ayes Six Nays None. i Carried and so ordered. The first reading of the new liquor was then read. On motion by Friedberg seconded by Hage the second reading of liquor be omitted.Carried and so ordered. The third reading of liquor ordinance was then read. On motion by Dhuse the new Liquor ordinance be passed as read.Roll Call Ayes Six Nays None .Carried and so ordered. j An anendmdnt to the The Malt Beverage Ordinance was then read. On motion by Friedberg seconded by Hage the Amendment to the r' dalt Bexera�e Ordinance be passed as read.Roll Call Ayes Six. ' Nays None.Carried and so ordered, j it On:: motion meeting Adjourned. C t Presiden Clerk f' II An Ordinance PERTAINING TO THE WATER WORKS AND REPEALING ALL ORDINANCES IN REGARD TO THE WATER WORKS HERETOFORE PASSED AND APPROVED. Approved January 4, 1934 E BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF YORKVILLE,ILLINOIS: SSECTION 1. The Water Department of the Village of Yorkville, Illinois, shall be under the supervision of the Water Works, and in the absence of said Superin- tendent of Water Works, shall be under the direct supervision of the Water Works committee; the, active supervision of the Water Department of the Village of Yorkville and of any and all property pertaining thereto, shall be in the hands of the Superintendent of Water Works, under the direction of the Water Works Committee and the Village Board. Said superintendent shall make a report to the Village Board of all his acts and doings in and about the same, whenever requested by said Board; such report shall show the kind and amount of materials used, the cost thereof and all expenses attending the work,he shall keep a correct map or profile of all the mains now or hereinafter laid in said Village on file in his office with their dimensions, locations and connections, hydrants and cut-offs, shall keep a just, true and correct book of accounts,in such a manner as at all times to show the true condition and state of business in his said office. Such books shall at all times,be subject to inspec- tion by the President and Board of Trustees.He,shall deliver such books of ac- count, maps and profiles,to his successor and he shall also perform such other duties as shall be encumbered upon him. SECTION 2. The Water Works Committee shall make the necessary purchase of material and supplies for use in this department to the amount of Two Hundred Dollars (,$200.00) but when the cost oaf the same would exceed the amount of Two Hundred Dollars ($200.00) a written estimate, previously made by the Water Works Committee,must be presented to the President and Board of Trus- tees, approved by the President and Board of Trustees before ordered or con- tracted for by them. ,SECTION 3.Said Superintendent of Water Works shall at all times and in all things pertaining to the management and care of said Water Department be subject to, and work in conformity with instructions of the Water Works Committee and the Village Board. ,SECTION 4.All revenue derived from the sale of water as hereinafter provided, shall be kept separate and apart by the Treasurer of the Village from the other reve- nue of said Village and said money shall be known as the Water Fund and shall be,used exclusively for Water Works purposes; that is,for the maintenance,ex- tension, improvement and operation of said Water Works, the retirement of Water Works bonds, certificates, etc., and under no circumstances shall this revenue be diverted to any other purpose. SECTION 5. All money due the Water Department from all purposes and sources including the collection of water rents or rates, shall be paid to the Village Treasurer. (SECTION 6. The office of the Water Department -for the transaction of business shall be located at the office of the Treasurer of the Village of Yorkville. SECTION 7.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 ordinance or resolution, and the President and Board of Trustees shall have the authority to hire all other employees neces- sary for the proper operation and management of the Water Works, and the wages of all such employees of the Water Works shall be fixed by ordinance or resolution, and with all maintenance expense shall be paid out of the Water Works Fund only,through vouchers authorized and drawn in like manner,as all other vouchers against the Village, except however,that such amounts shall be paid only out of the Water Fund. SECTION 8. The Auditing Committee of the Village Board shall cause a proper SECTION 21. The Village may, when necessary, without notice, shut the water off audit to be made at least once each year of the Water Works department and in its mains for the purpose of making repairs or extensions or for other pur- the report of such audit shall be open for inspection at all proper times to any poses and no claims shall be made against the Village by reason of the breakage tax payer,water user, or any holder of bonds issued by the Water Department. of any service pipe or service cock,or from other damage that may result from SECTION 9. The Treasurer of the Village of Yorkville, shall be custodian of the shutting off water for repairing, laying or relaying mains, hydrants, or other funds derived from income received from the Water Works system and shall connections. give proper bond for the faithful discharge of his duties. The Treasurer shall SECTION 22.No permits shall be granted for the opening of any street for the pur- maintain separate accounts in which shall be placed the interest and sinking pose of laying temporary mains or making water connections, except with the fund moneys and another account in which shall be placed the depreciation consent of the Village Board,and except as hereinbefore provided; and no part funds and to provide for refunding outstanding certificates payable out of of any water service including the portion owned or used by any user of water, water revenue. shall be used as a ground for radio, telephone, and other electrical system or SECTION 10.The following rules and regulations shall be considered a part of the appliances. contract with every person who takes water supplied by the Village through the SECTION 23. No person, either owner or tenant, who in changing their residence Village Water Works,and every such person who takes water shall be considered from one location to any other location served by the water department, shall as having expressed his agreement to be bound thereby. be given water service until any and all delinquent water rentals which are SECTION 11. All applications for water service connections and for water service charged against them at former place of residence, shall have been paid in full. No water at new location shall be turned on and if so, shall be turned off, until shall be made in writing on forms to be furnished by the Water Department, settlement of such delinquent water rental at former location is made. A charge and no application shall be granted unless and until said forms are filled out of One Dollar ($1.00) for turning on water and renewing service will be made. and signed. SECTION 24. Proper records and accounts of each consumer shall be made in the SECTION 12.All connections and installations shall be made by the person served, office of the Treasurer. or the owner and at his cost, material to be furnished by the Village at cost. t SECTION 25. Owners or consumers desiring to discontinue the use of water shall Igive notice thereof, in writing, to the Superintendent of Water Works at the .SECTION 13. No taps or connections to mains shall be made by any one except an office of the Village Treasurer who shall then cause the water to be turned off. authorized employee of the Water Department. or by a competent person em- 6 Water rents or charges for services shall be made until such notice is given. ployed by the owner,under the supervision of the Superintendent. When water service is discontinued all water rentals =or such service shall SECTION 14.All materials,work,the method of installation and location of connee- become due and payable.When water service is again desired after having been discontinued, a charge of One Dollar ($1.00) shall be made and collected before tions and all requirements shall be approved by the Superintendent. turning on water and renewing service. SECTION 15.All connections and installations shall be fully and completely provid- SECTION 26. In turning on water, the Village of Yorkville or the V.'llage Water ed with curb stop cocks and shut-off controls of a standard and approved type, Works shall not be responsible for any damage that may occur by reason of im- the same to be,approved by the Superintendent and all materials including pipe, proper fixtures,open or improper connections,or for any other causes. stop cock, and meters shall be of a standard and approved type and placed and SECTION 27. Consumers shall prevent unnecessary waste of water and keep all located under the direction of the said Superintendent. water outlets closed when not in actual use. If unnecessary waste of water takes place, the Village Water Works reserves the right to cut off the supply. SECTION 16. The failure on the part of any user or owner of property receiving The city reserves the right to prohibit the use of water for7 yard sprinklers, service to maintain the connection, and the water system connected therewith, elevators and large consumers of water when in the judgment of the Village., it in such manner as to prevent waste will be cause for discontinuance of shall be necessary to do so. service or for the repairing of the same by the Water Department-and charging the costs thereof,to the property owner. SECTION 28. All water furnished consumers shall be metered. All meters shall be have of a standard and approved make, and shall be furnished by the owner and set SECTION 17. Owners of premises having water services which do not hav curb stop cocks and boxes for each building or which otherwise do not conform the Village Water Works, but owners must provide suitable locations in pi to the requirements in this Ordinance at the time of its passage shall be required piping system for same Meters shall be placed on service pipe not to exceed to put in such curb stop cocks or to make such other charges as are necessary to two (2) feet from the wall where such pipe enters the premises. There shall be a stop and waste between the meter and the wall, and a suitable place provided conform to these requirements when so instructed by the Superintendent of f•or the meter so as to keep it dry and clean, and readily accessible at all times Water Works. to the meter reader and inspector of the water works. A gate valve shall also SECTION 18. No application for water service connections shall be approved or be placed on the pipe on the outlet side of each meter not more than three (3) become effective until the cost to the Village of Yorkville is paid to the Water feet from the meter. Department. .SECTION 29. Owners or occupants shall be responsible for care and protection oaf a (SECTION 19.Temporary mains may be laid in and upon streets,and alleys subject meter, but the same shall be subject to inspection and test at any time by the to conditions as the Village Board may impose. Water Works Department; however, meters may be repaired by the Village Water Works at cost; no one shall interfere with the registration of or break SECTION 20. The Village shall not be held responsible by reason of the breaking a seal on any meter, providing however, the Superintendent may grant permis- of any service pipe or apparatus water coil,or for failure in the supply of water, sion to break a seal for draining pipe,or stopping leaks. SECTION 30.In case of doubt as to accuracy of a meter,the consumer may complain diction in the same manner and with like force and effect as the,foreclosure of and tests shall be,made, and if the meter is found to measure more than four the liens of mortgage and trust deeds, and the Village Treasurer is hereby au- (4) per cent incorrectly, no charge shall be made, and if an over-register of thorized and directed to institute such proceedings in the name of the Village more than four (4) per cent is found, a proportional deduction shall be made of Yorkville, against any property subject to such lien. from the previous water bill; if said meter registers within four (4) per cent of SECTION 33.Temporary service may be furnished contractors or builders for water accuracy,then all expense of testing shall be borne,by the person making the to be used on construction work,upon terms agreed on b g complaint. y the Village Board. SECTION 31. (a) Meters shall be read quarterly and bills for water furnished shall SECTION 34. Any violation of this ordinance shall constitute a misdemeanor and be mailed,on the first day of July, October,January and April, and all bills for be punishable by a fine not to exceed One Hundred Dollars. water rents and other services are payable at the office of the Village Treasurer. SECTION 35. The invalidity of any section or subsection or part of this ordinance, (b)The following water rents or rates are hereby established and shall be collected shall not affect the validity of the remaining portion of this ordinance or section for all water consumption and water service rendered by the Village of York- or subsection. villa,for which each service shall be by meter registration. Two Dollars and twenty-five cents ($2.25) for each three hundred fifty (350) SECTION 36. Any ordinance in conflict herewith is hereby repealed,providing noth- cubic feet or fraction thereof per quarter. ing herein contained shall effect the collection of any rental, sums due,fine or Twenty cents ($0.20) per one hundred (100) cubic feet over three hundred penalty,accruing or arising under any prior ordinance. fifty (350) cubic feet to and including five thousand (5,000) cubic feet. SECTION 37. This ordinance shall be in full force and effect from and after its Fifteen cents ($0.15) per one hundred (100) cubic feet above five, thousand publication as required by law. (5,000) cubic feet; a discount of five (5) per cent of the face of the,bill will be allowed if paid within thirty (30) days from date of mailing of bill. Passed this 4th day of Jan.,A.D.1934. (c) The above rates are for a quarter of a year or fraction thereof. E.J.AR'MBRUSTER, (d)All bills for payment of water shall be due and payable on the 15th day of the (SEAL) Village Clerk. months in which they are rendered,if rendered prior to the 15th, or thirty (30) Approved by me,this 4th day of January,A.D.1934. days after the rendition of the bill if not rendered prior to the 10th day of the L. K. DEVEREAUX, month, and if said bills are not paid when due and payable they shall become President V the Village delinquent. g (e)Ten days after a bill shall be-come delinquent, the water may be shut off from i Board of Trustees the premises, and shall not be turnod on until all back rentals and charges are paid together with one dollar ($1.00) for turning cn the water. I SECTION 32. Water service accounts shall be kept in the name of the owner of the property served, and only such owner shall be recognized as the consumer, ex- cept where the tenant makes and maintains a deposit of an amount of money in the Water Works office 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 Five Dollars ($5.00) and the deposit shall accompany the application 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 service to his premises,but such payments will be accepted from tenants i`_tendered by them,but accepting payments from tenants shall not subsequent- ly relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due. Whenever a bill for water service remains unpaid and delinquent for more than thirty (30) days after it has been rendered, the Village Treasurer shall file with the Recorder of Deeds of Kendall County, Illinois, a statement of lien claims, which statement shall contain the, legal description of the premises served, the amount of the unpaid bill, and a notice that the Village claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill; and if the consum- er of water whose bill is unpaid is not the owner,or sole owner of the premises, and the-s-aid Treasurer has notice of this, a notice similar to the one herein provided to be filed with the Recorder,shall be mailed to the owner, or owners at his or her address,if the same be known, and if unknown to Yorkville,Illinois, whenever such bill remains delinquent for a period of thirty (30) days or more. The failure of the Village Treasurer to file or record such lien claim or mail such notice, or the failure of the owner or owners to receive such notice shall not affect the right to foreclose the lien for unpaid water bills. In addition to any other remedy provided herein for the enforcement or collection of any water tax rate or rent,all such rates or rents shall be a lien upon the premises and real estate upon and for which the same is used or supplied. And such lien shall attach when the water bill becomes delinquent and may be enforced togeth- er with the costs and penalties by foreclosure in equity in any court having juris- i AN ORDINANCE AMENDING THE ORDINANCE KNOWN AS THE MALT BEVERAGE ORDINANCE OF THE VILLAGE OF YORK- VILLE. Be It Ordained by the President and Board of Trustees of the o Village of Yorkville, I1linoist- SECTION 1. That an ordinance of the village of Yorkville known as the Malt Beverage Ordinance be amended by adding a section to be knov►n as Section lla, such section to be in the words and figures following and to be considered a part of the original Malt Beverage Ordinance, immediately following See- t ion 11 thereof:- "SECTION Ila. Whoever violates any of the provisions of this Ordinance shall be punished by a fine of not lase than , .c�,,,.�, nor more than $_.t00.00. SECTION 2. This ordinance shall take effoot and be in full force ten days after its signing, approval and publication. Pasjed Village Clerk. SigA and Approved. President Published in y Attest: 10 1 age Clerke I i�