Ordinance 2005-019 l '
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE No. 2005- \'�
ORDINANCE AMENDING THE WATER WORKS ORDINANCE OF
THE UNITED CITY OF YORKVILLE OR YORKVILLE DATED
OCTOBER 24,1974 AND PASSED AS ORDINANCE NO. 1974 -69
WHEREAS, the Mayor and City Council has determined that the Water Works
Ordinance (1974 -69) should be amended to provide for certain rights for inspection and
access to records to the Illinois Environmental Protection Agency, and
WHEREAS, said amendments are set forth herein, and have been reviewed and
approved by the Mayor and City Council.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE upon Motion duly made,
seconded and approved by a majority of those so voting, as follows:
Section 1: The City hereby amends the Water Works Ordinance of the United City of
Yorkville by adding a new Section XXVII which is set forth in full as follows:
SECTION XXVII
PART A: Inspection
Right of Access: Use Inspection
The United City of Yorkville and its employees and the Illinois Environmental Protection
Agency shall have ready access at all reasonable times to the premises, places or
buildings where water service is supplied for the purpose of inspecting, examining and
testing the consumption, use and flow of water, and it shall be unlawful for any person to
interfere with, prevent or obstruct the United City of Yorkville or it duly authorized
agent or the Illinois Environmental Protection Agency in its duties hereunder. Every
user of the system shall take the same upon the conditions prescribed in this Section.
PART B: Powers and Authority of Inspectors
Sec. 1 The Director of Public Works and other duly authorized employees of the
United City of Yorkville and the Illinois Environmental Protection Agency,
bearing proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provisions of this ordinance. The United
City of Yorkville or his representative shall have no authority to inquire into
any processes, including metallurgical, chemical, oil refining, ceramic, paper,
or other industries beyond that point having a direct bearing on the kind and
source of discharge to the sewers or waterway or facilities for waste treatment.
Sec. 2 While performing the necessary work on private properties referred to in
Article VI, Section I above the Director of Public Works or duly authorized
employees of the United City of Yorkville and the Illinois Environmental
Protection Agency shall observe all safety rules applicable to the premises
established by the property owner or its agent and the property owner or its
agent shall be held harmless for injury or death to the United City of Yorkville
employees and the United City of Yorkville shall indemnify the company
against liability claims and demands for personal injury or property damage
asserted against the property owner and growing out of the gauging and
sampling operating, except as such may be caused by negligence or failure of
the property owner or its agent to maintain conditions as required in Article IV,
Section 9.
Sec. 3 The Director of Public Works and other duly authorized employees of the
United City of Yorkville bearing proper credentials and identification shall be
permitted to enter all private properties through which the United City of
Yorkville holds a duly negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement, sampling, repair, and maintenance of
any portion of the water works lying within said easement. All entry and
subsequent work, if any, on said easement, shall be done in full accordance
with the terms of the duly negotiated easement pertaining to the private
property involved.
Sec. 4 Access to Records: The IEPA or its authorized representative shall have
access to any books, documents, papers and records of the United City of
Yorkville which are applicable to the water system of user charges for the
purpose of making audit, examination, excerpts and transcriptions thereof to
insure compliance with the terms of any loan obtained from the IEPA under its
Public Water Supply (PWS) Loan Program.
Sec. 5 Annual Review of Charges: The adequacy of the water service charge shall be
reviewed, not less often than annually, by Certified Public Accountants for the
United City of Yorkville in their annual audit report. The water service charge
shall be revised periodically to reflect a change in the local capital costs of local
capital costs or overhead, maintenance and repair costs.
Sec. 6 Appeals: Users shall be provided the method for computing rates and service
charges within 14 days of written request. City shall make best efforts to
remedy any disagreement with the method used or the computations made
within 30 days of a formal written appeal outlining the discrepancies.
Section 2: All other provisions of said Water Works Ordinance (1974 -69), as amended,
shall remain in full forced and effect.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
2005 by the City Council of the United City of Yorkville.
WANDA OHARE� JOSEPH BESCO v
VALERIE BURD ,_,, PAUL JAMES
I
LARRY KOT ►� MARTY MUNNS cC�s
ROSE SPEARS ►' RICHARD STICKA v,
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this v7- Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560