§ 51.170 DEFINITIONS.
(A) Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be set out in this section.
(B) The definitions contained in § 51.001, as amended, shall apply to this subchapter.
(C) Types of charges:
WATER USER CHARGE. The charge for a one-month period levied on all users of the Combined waterworks and sewerage system for water service. The user charge shall be computed as outlined in § 51.171 of this subchapter.
WASTEWATER USER CHARGE. The charge for a one-month period levied on all users of the Wastewater Facilities. The user charge shall be computed as outlined in § 51.172 of this subchapter and shall consist of the total of the basic user charge and a surcharge, if applicable.
USER CHARGE. A charge levied on users of treatment works for the cost of operation, maintenance, and replacement cost.
BASIC USER CHARGE. The basic assessment levied on all users of the public water and sewer treatment works.
SURCHARGE. The assessments in addition to the basic wastewater user charge which is levied on those persons whose wastes, are greater in strength than the concentration values established in § 51.172 of this subchapter.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.
USEFUL LIFE. The estimated period during which the collection system and/or treatment works will be operated and shall be 30 years from the date of start-up of any wastewater facilities constructed with a state or federal grant.
SEWERAGE FUND. The principal accounting designation for all revenues received in the operation of the sewerage system.
(Ord. 651, passed 8-21-95)
§ 51.171 WATER SERVICE CHARGES.
(A) Basis for water service charges. The water service charge for the use of and for service supplied by the water facilities of the city shall consist of a customer service charge, a basic user charge and applicable surcharges.
(B) The customer service charge is levied on all users to cover the city’s fixed costs associated with the establishment and maintenance of water production and distribution system.
(C) (1) The basic user charge is levied on all users to recover the operation, maintenance plus replacement and capital carrying charges (O, M & R) costs and shall be based on water usage as recorded by water meters.
(2) The basic user charge shall be computed as follows:
(a) Estimate the annual water volume used.
(b) Estimate the projected annual revenue required to operate and maintain the water facilities, including a replacement fend for the year, for all works categories.
(c) Estimate projected annual charges on debt associated with the construction of new water treatment system and the maintenance charges associated with these facilities.
(d) Proportion the estimated O, M & R costs to water facility categories by volume.
(D) The adequacy of the water service charge shall be reviewed, not less often than annually, by Certified Public Accountant for the city in its annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or O, M & R costs.
(E) The users of the water services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to the water operation, maintenance and replacement.
(F) Measurement of flow: The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of Cu. Ft.
(G) Basic user charge. There shall be and there is hereby established a basic user charge. Usage in excess of 200 cu. ft. per month will be charged at a rate of $2.87 per 100 cu. ft. This may be adjusted annually for the COLA.
(H) Customer service charge. A customer service charge of $11.22 per month shall be applied to all bills in addition to the basic user charge. This may be adjusted annually for the COLA.
(I) Users whose premises are outside the corporate limits of the city shall pay 1.5 times the rate set-out in divisions (G) and (H) above.
(J) Bulk water sold to tank wagons located at a location provided by the city shall be charged at the rate of $5 per 1,000 gallons.
(Ord. 651, passed 8-21-95; Am. Ord. 669, passed 10-7-96; Am. Ord. 846, passed 3-10-08)
§ 51.172 WASTEWATER SERVICE CHARGES.
(A) Basis for wastewater service charges. The wastewater service charge for the use of and for service supplied by the wastewater facilities of the city shall consist of a basic user charge and applicable surcharges.
(B) (1) The basic user charge is levied on all users to recover the operation, maintenance plus replacement (O, M & R) costs and shall be based on water usage as recorded by water meters or sewage meters for wastes having the following normal domestic concentrations:
(a) A five day, 20 degree centigrade biochemical oxygen demand (BOD) of 200 mg/l.
(b) A suspended solids content of 250 mg/l.
(2) The basic user charge shall be computed as follows:
(a) Estimate the annual wastewater volume, pounds of BOD and pounds of SS to be treated.
(b) Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year, for all works categories.
(c) Proportion the estimated O, M & R costs to each user class by volume, BOD and 55.
(d) Proportion the estimated O, M & R costs to wastewater facility categories by volume, BOD and SS.
(e) Compute costs per 100 Cu. Ft. for normal domestic strength sewage.
(f) Compute surcharge costs per pound for BOD and SS concentrations in excess of normal domestic strengths.
(C) (1) A surcharge will be levied to all users whose waters exceed the normal domestic concentrations of BOD (200 mg/l) and 55 (250 mg/l). The surcharge will be based on water usage as recorded by water meters, or sewage meters for all wastes which exceed the 200 mg/l and 250 mg/l concentrations for BOD and 55 respectively.
(2) The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Superintendent and shall be binding as a basis for surcharges.
(D) The adequacy of the wastewater service charge shall be reviewed, not less often than annually, by Certified Public Accountants for the city in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in local capital costs or O, M & R costs.
(E) The users of the wastewater treatment services will be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to the wastewater operation, maintenance and replacement.
(F) Measurement of flow: The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of Cu. Ft.
(1) If the person discharging wastes into the public sewers procures any part, or all, of his water from sources other than the Public Waterworks System, all or part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the Superintendent for the purpose of determining the volume of water obtained from these other sources.
(2) Devices for measuring the volume of waste discharged may be required by the city if these volumes cannot otherwise be determined from the metered water consumption records.
(3) Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the city.
(G) Basic user charge: There shall be and there is hereby established a basic user charge. Usage in excess of 200 cu. ft. per month, based on water usage, will be charged at a rate of $2.87 per 100 cu. ft. This may be adjusted annually for the COLA.
(H) Customer service charge: A customer service charge of $7.95 per month shall be applied to all bills in addition to the basic user charge. This may be adjusted annually for the COLA.
(I) Surcharge rates: The rates of surcharges for BOD and SS shall be as follows:
per lb. of BOD: $.14
per lb. of SS: $.05
(Ord. 651, passed 8-21-95; Am. Ord. 780, passed 7-21-03; Am. Ord. 846, passed 3-10-08)
§ 51.173 FREE SERVICE PROHIBITED; METER REQUIRED.
No free service of the combined waterworks and sewerage system of the city shall be furnished to any user either a person, firm, organization or corporation, public or private. Every user of the combined waterworks and sewerage system shall have a meter and every water meter shall be sealed. It shall be the duty of the Superintendent of the combined waterworks and sewerage system of the said city to maintain and to replace all meters as he shall determine have become inaccurate of faulty. Also, he shall report the master meter reading to the City Clerk on the first of each month.
(Ord. 651, passed 8-21-95) Penalty, see § 51.999
§ 51.174 BILLS.
(A) The water service charge and sewer user charge for service shall be payable monthly. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable therefor to the city and the service is furnished by the city only upon the condition that the owner of the premise, occupant and user of the service are jointly and severally liable therefor to the city.
(B) If any water meter at any time fails to register the quantity of water running through it, the quantity shall be determined and the charge made based on the amount registered during the month preceding the date of such failure or the usage for the same month of the preceding year, whichever is greater.
(C) Bills for the water and sewer service shall be tendered as of the first day of the month succeeding the period when the service is rendered.
(D) Bills and notices will be mailed or delivered to the customer’s last address as shown by the records of the city when due, but failure to receive same will not relieve the customer from his obligation to pay the bill.
(E) All bills are due and payable on the 10th of the following month. A penalty of 10 percent of the month shall be added to all bills not paid before this date. Where such 10th day is a Sunday or a legal holiday, then the bill is payable on the next successive business day without any additional penalty. All bills become delinquent if not paid by the 15th of the same month. All accounts in arrears will be charged at a rate of 1.5% per month, on the outstanding balance, on the 15th of the month.
(Ord. 651, passed 8-21-95) Penalty, see § 51.999
§ 51.175 SERVICE DISCONTINUANCE.
In the event the charges for such service become delinquent as defined in § 51.174 of this chapter, the City Clerk is hereby authorized and directed to cause notification to be given in writing to the owner of the premises, the occupant thereof, and the user of the service that such delinquency exists and that services shall be discontinued without further notice.
(Ord. 651, passed 8-21-95)
§ 51.176 RESTORATION.
Restoration of service or reconnection of a service connection will be made at the city’s discretion after the customer has:
(A) Paid all unpaid bills for service;
(B) Made a deposit to ensure future payment of bills for customers with a history of delinquency as defined by the city;
(C) Paid in advance a restoration or reconnection fee of $50;
(D) Corrected any condition found in violation of any applicable provisions of these rules, regulations and conditions of service.
(Ord. 651, passed 8-21-95)
§ 51.177 LIEN.
(A) Charges for water and sewer service shall be a lien upon the premises as provided by statute. Whenever a bill for water or sewer service remains unpaid 40 days after it has been rendered, the Clerk may file with the Recorder of DeWitt County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and notice that the city claims a lien for this amount as well as for all charges for water and sewer service subsequent to the period covered by the bill.
(B) If the consumer of water or sewer service whose bill is unpaid is not the owner of the premises and the Clerk has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the Clerk, whenever such bills remain unpaid for a period of 40 days after it has been rendered.
(C) The failure of the Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid water bills as mentioned in the following section.
(D) Property subject to a lien for unpaid water or sewer service charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the city.
(E) The City Attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters, against any property for which water bill has remained unpaid 40 days after it has been rendered.
(Ord. 651, passed 8-21-95)
§ 51.178 REVENUES.
(A) All revenues and money derived from the operation of the system shall be deposited in the Waterworks and Sewerage Account. It shall be the duty of the City Clerk to render bills for service and all other charges in connection therewith and to collect all monies due thereon. Said Clerk shall be covered, to the maximum amount on hand at any time, by an approved corporate surety bond.
(B) All such revenues and monies shall be held by the City Clerk separate and apart from the Clerk’s private funds and separate and apart from all other funds of the city and all of said sum, without any deductions whatever, shall be delivered to the City Treasurer not more than ten days after receipt of the same, or at such more frequent intervals as may, from time to time, be directed by the City Council.
(C) The City Treasurer shall receive all such revenues from the system and all other funds and monies incidental to the operation of such system as the same may be delivered to him and deposit the same in the account of the and designated as the Waterworks and Sewerage Fund for the city. Said Treasurer shall administer such fund in every respect the manner provided by the statute of the State of Illinois, Chapter 24 of the “Revised Cities and Villages Act,” effective January, 1942 and all laws amendatory thereof and supplementary thereto of 1978.
(Ord. 651, passed 8-21-95)
§ 51.179 ACCOUNTS.
(A) The City Clerk shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the combined waterworks and sewerage system and at regular annual intervals he shall cause to be made an audit by a Certified Public Accountant of the books to show the receipts and disbursements of the combined waterworks and sewerage system as well as other necessary information.
(B) Furthermore, it shall be the duty of the Clerk to file with the City Council a monthly report which shall include for the month:
(1) A list of the TURN-OFF NOTICES provided by the Superintendent of the System;
(2) A list of the current month’s delinquencies;
(3) The number of bills mailed;
(4) The number of cubic feet billed or sold;
(5) The number of cubic feet pumped into the system;
(6) A list of the various revenues of the system for the month and total year to date, along with the expenses for the month and year to date;
(7) And, the cash balances and investments on hand in each of the several funds of the waterworks and sewerage system.
(C) In addition to the customary operating statements, the annual audit report shall also reflect the separate revenues and operating expenses of the waterworks facilities and wastewater facilities, including a replacement cost, to indicate that the sewer service charges are sufficient to generate revenue at least equal to costs. In this regard, the financial information to be shown in the audit report shall include the following:
(1) Flow data showing total cubic feet pumped to the water distribution system.
(2) Flow data showing total cubic feet received at the wastewater plant for the current fiscal year.
(3) Billing data to show total number of cubic feet billed for water use and sewer use.
(4) Number of users connected to the system.
(5) Number of non-metered users.
(6) A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged.
(Ord. 651, passed 8-21-95)
§ 51.180 NOTICE OF RATES.
A copy of this subchapter, properly certified by the City Clerk shall be filed in the Office of the Recorder of Deeds of DeWitt County and shall be deemed notice to all owners of real estate of the charges of waterworks and the sewerage system of said city on their properties and it shall be the duty of the City Clerk and such other officers of this city to take all action necessary or required by the laws of the state thereunto enabling to file all claims for money due to the city and to prosecute and enforce such claims in the manner, form and time as permitted by the laws of the state.
(Ord. 651, passed 8-21-95)
§ 51.181 ACCESS TO RECORDS.
The Illinois and United States Environmental Protection Agencies or their authorized representatives shall have access to any books, documents, papers, and records of the city which are applicable to city’s system of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the Special and General Conditions to any state or federal grant.
(Ord. 651, passed 8-21-95)
§ 51.182 APPEALS.
The method for computation of rates and service charges established for user charges in §§ 51.171 and 51.172 shall be available to a user within ten days of receipt of a written request for such. Any disagreement over the method used or in the computations thereof shall be remedied by the City Council within 30 days after notification of a formal written appeal outlining the discrepancies.
(Ord. 651, passed 8-21-95)
