[Adopted 1-20-1982 by Ord. No. 1982-1 (Ch.
18, Art. I, of the 1998 Code)]
There is hereby established an executive department
of this City to be known as the "Water and Street Department of the
City of Lexington," and the Mayor is hereby authorized to appoint,
subject to confirmation by the City Council, a Water Superintendent
and all other necessary employees, and said Superintendent shall have
the general management and control of the waterworks system of the
City, subject, however, to the supervision of the City Council.
[Amended 8-18-1982 by Ord. No. 1982-6]
As used in this article, the following terms shall have the
meanings indicated:
The party, whether the owner or tenant, who is supplied with
water service by the City of Lexington or the party contracting for
water service to a property as herein classified, and a separate contract
shall be required for each property described as follows:
A building under one roof owned by one party
and occupied by one person or family as a residence; or
A building under one roof owned by one party
and occupied by one person, firm or corporation as one business; or
A combination of buildings in one common enclosure
owned by one party and occupied by one person or family as a residence;
or
A combination of buildings in one common enclosure
owned by one party and occupied by one person, firm or corporation
as one business; or
The one side of a double house having a solid
vertical partition wall; or
A building owned by one party of more than one
apartment and using a common hall; or
A building owned by one party and having a number
of offices which are rented to tenants using in common one hall and
one or more means of entrance; or
A single lot, or park, or playground; or
Each house in a row of houses; or
A building or combination of buildings owned
by one party and occupied or subject to occupancy as a motel, hotel,
or apartment units by tenants.
The person, firm, corporation or association having the sole
interest in any premises which is or is about to be supplied with
water service by the City of Lexington, and the word "owners" means
all so interested.
Anyone occupying a premises under lease, oral or written,
from the owner and obtaining water service from the mains of the City
of Lexington with the consent of his/her landlord.
A.
All applications for water service line connections must be made at the office of the City of Lexington in writing, on forms furnished by the City of Lexington, by the persons or parties desiring same, and must state truly and fully the uses to which the water is to be supplied. All applications must be signed by the owner of the premises to be supplied or his duly authorized agent. An application must be submitted for all water service line connections made to any City main whether constructed prior to or after the effective date of this article. After the effective date of this article, the water service line connection fee shall be as set forth in Chapter 63, Fees, for the connection from the City’s water main corporation shutoff to the City curb stop by the City of Lexington or its agent, whether said water service is a newly constructed service or a previously existing service. The water service line connection fee shall be paid by the owner of said property within 90 days of making application for new water service.
[Amended 5-19-1982 by Ord. No. 1982-2; 1-4-1984 by Ord. No.
1984-1; 6-14-2010 by Ord. No. 2010-4,[1] 8-23-2010 by Ord. No. 2010-8]
[1]
Editor's Note: Amendments to this subsection provided that Subsection A shall remain in full force and effect with regard to all premises served or to be served by a water main constructed, extended, upgraded or expanded by the City within 100 feet of the property line of such premises prior to the effective date of this article.
B.
The service pipe from the main to the property line,
curb stop and curb box shall be furnished and placed by the City of
Lexington or its agent, at the City's expense.
C.
The remainder of the service pipe shall be installed by a licensed plumber at the expense of the applicant. The minimum pipe size for the service line from the curb stop to the meter shall be no less than three-fourths-inch-diameter pipe. All service lines shall be Type K copper piping with compression joints or as otherwise approved by the City of Lexington. The City reserves the right to specify the size and type of piping and meters for multi-unit buildings as described in Subsections F and G of the definition of "customer or consumer" in § 251-5 and for commercial consumers.
D.
Whenever a plumber has completed work on a new installation,
he/she shall leave the water turned off.
E.
Application for service pipe shall be for a single-service pipe servicing a single premises only. No premises shall be supplied by more than one service pipe unless private fire protection service is also desired. The City of Lexington specifically reserves the right to install a service line and meter to each self-contained unit of a multi-unit building, including the type of property described in Subsections F and G of the definition of "customer or consumer" in § 251-5.
F.
Curb stops and line stops in branch service pipes
are for exclusive use of the City of Lexington.
G.
Service pipes will not be installed where any portion
of the pipe must pass through lands, buildings, or parts of buildings
which are not the property of the applicant.
H.
Application for service pipes will be accepted subject
to there being a City of Lexington main adjacent to the premises to
be served and does not obligate the City of Lexington to extend its
mains to serve the premises for which water service is desired. Whenever
the City shall construct, extend, upgrade, or expand a City main adjacent
to a premises to be served, the owner of such premises being used
for human occupancy, employment, recreation, or other purposes, situated
within the City, shall be required to connect his premises to the
City main in accordance with the requirements of this article within
two years after the date of official notice to do so, provided that
the City main is within 100 feet of the property line of such premises.
For purposes of this section, the construction of a main of increased
size pipe shall constitute an "upgrade" of the City main adjacent
to a premises to be served even though the premises has been adequately
served by the preexisting City main.
I.
No application for a service pipe installation will
be accepted between November 1 and April 1, unless the applicant agrees
to pay any excess cost required due to weather conditions during that
period.
J.
The City of Lexington will repair all leaks in the
service pipes from the main to the curb stop. Beyond the curb stop,
the property owner is responsible for all leaks and the same must
be repaired by him/her. When such defects or leaks are discovered,
the consumer will be notified, and if such defects or leaks are not
repaired within reasonable time, the water may be turned off, with
or without further notice.
A.
A new application for service must be made and approved
by the City of Lexington upon any change in tenancy where the tenant
has contracted for the water service or in ownership when the owner
has contracted for the water service. Where such change is made without
giving the City notice within 48 hours after such change, the new
tenant or owner may be held responsible for the payment of all water
service from the last previous billing date.
B.
When application is made by any tenant, contract purchaser, or a
trustee of an Illinois land trust:
[Amended 6-14-2010 by Ord. No. 2010-4; 9-12-2022 by Ord. No. 2022-9]
(1)
The City Clerk shall require a cash deposit as set forth in Chapter 63, Fees, irrespective of the size of the applicant's bill, to secure the payment of the bills. The deposit shall be retained by the City as long as the applicant secures water service. When the service is discontinued upon request by the consumer, the deposit, less unpaid bills, will be refunded. When service is discontinued for nonpayment of regulations, the City may apply such deposit against the account of the consumer, and the balance, if any, will be refunded. Any tenant, contract purchaser or trustee of an Illinois land trust who has paid a deposit and later becomes the owner of record of the property served shall, upon application to the City, be refunded his deposit. Payment of a deposit shall be in addition to the requirements set forth in Subsection B(2) below.
(2)
In those cases where the applicant requesting service is a tenant,
contract purchaser, or a trustee of an Illinois land trust, the applicant
shall also be required to state the capacity in which he makes application
for such service as a condition of approval of the application, and
in those cases, the landlord, contract seller or each beneficiary
of the land trustee, depending upon whatever the case may be, must
also sign the City's meter deposit application form, indicating
not only the capacity in which he signs such form, but also his correct
legal mailing address, including zip code. The City's meter deposit
application form shall state that the owner is jointly or severally
liable to pay for all utilities furnished to the premises.
C.
The water service deposit collected by the City Clerk
pursuant to this article may be refunded to such tenant upon his or
her request at the sole discretion of the Mayor or affirmative vote
of the City Council. When such permission is granted by the Mayor
or City Council, the City Clerk shall refund said deposit to the tenant
and no interest shall accrue on said deposit. At any time after refunding
said deposit, if the Mayor or City Council deem it appropriate, the
tenant can be required to make a new deposit and such new deposit
will be governed by the provisions of this article.
[Added 10-14-1991 by Ord. No. 1991-6]
D.
No agreement will be entered into by the City of Lexington
with any applicant for water service, whether owner or tenant, until
all arrears and charges due to the applicant for water service or
other services at any premises now or heretofore owned or occupied
by him/her shall have been paid.
E.
When an application for a new service pipe, or water
service, or the reinstatement of water service is filled with the
City of Lexington, it is assumed that the piping and fixtures, which
the service will supply, are in order to receive the same, and the
City will not be liable in any event for any accident, breaks, or
leakage arising in any way in connection with the supply of water
or failure to supply same.
All water supplied by the City of Lexington
shall be supplied through meters only, and consumers shall pay for
the water consumed at the rate and in the manner hereinafter specified.
A.
The City of Lexington shall, on payment of a fee as set forth in Chapter 63, Fees, furnish and install for each customer a suitable meter and such service appliances for three-fourths-inch size piping as are customarily furnished by the City in order to connect the customer's house piping with the service pipe. When piping larger than 3/4 inch in size is to be installed by the customer or where meters are installed in special settings outside of buildings in chambers, the excess cost of installation and materials shall be paid by the customer.[1]
B.
The City of Lexington reserves the right to locate
the meter inside a meter pit at or near the customer's property line
or inside the customer's premises.
C.
When meters are to be installed inside the customer's
premises, a shut-off valve shall be installed on the service line
inside the customer's building adjacent to and on the incoming side
of the meter. The meter shall be located in an accessible location
and shall be protected from all possible damage, including freezing.
The meter shall be equipped with a remote-read device which shall
be located on the building exterior at a location designated by the
City of Lexington.
D.
When the meter is located inside a meter pit at or
near the customer's property line, a shut-off valve shall be installed
on the service line on the house side of the meter.
E.
In every case, a shut-off valve shall be placed on
the service line on the street side of and near the meter. A suitable
check valve shall be placed between the shut-off valve and the meter
if required by the City.
F.
If a check valve is required, a safety valve should
be inserted at some convenient point on the house piping to relieve
the excess pressure due to heating water.
G.
Meters will be maintained by the City of Lexington
so far as ordinary wear and tear are concerned, but damage due to
hot water or external causes shall be paid for by the customer.
H.
No water meter shall be placed in service, nor allowed
to remain in service, if it registered more than 102% of the water
passed or less than 98%.
I.
The City of Lexington reserves the right to move and test any meter at any time, and to substitute another meter in its place. In case of a disputed account involving a question as to the accuracy of a meter, such meter will be tested upon the request of the customer without charge, provided a satisfactory test can be made in service. If removed for test, a charge as set forth in Chapter 63, Fees, shall be made for sizes up to and including one inch and larger in proportion, payable in advance of the test. In the event that the meter so tested is found to have an error in registration in excess of 2%, the fee advanced for testing will be refunded, and the bills shall be corrected on the basis of 1/2 the time since the previous test. This correction shall apply both for over- and under-registration.
[Amended 6-14-2010 by Ord. No. 2010-4]
J.
Where water is furnished by flat rate, the City of
Lexington shall have the right to install, maintain and inspect a
meter to determine the quantity supplied, and the applicant shall
provide a suitable location therefor. The City reserves the right
to change from flat-rate service to metered service at any time under
uniform, nondiscriminatory rules.
[Amended 6-14-2010 by Ord. No. 2010-4]
Whenever any meter, by reason of its being out
of repair, or for any cause, fails promptly to register the water
passing through the same, the consumer shall be charged at the rate
shown for the corresponding time of the previous year under like conditions.
If no record of the previous year exists, then it shall be the duty
of the Water Superintendent to estimate or determine so far as he/she
can the amount of water consumed during the time such meter fails
to operate, and the consumer shall pay the amount so estimated.
The City and its employees shall have ready
access to the premises, places or buildings where meters are located
for the purpose of reading, examining, testing and repairing the same,
and examining and testing the consumption, use and flow of water,
and it shall be unlawful for any persons or corporation to interfere
with, prevent, or obstruct the City, or its duly authorized agent,
in its duties hereunder. Every consumer of water shall take the same
upon the conditions prescribed in this section.
[Amended 8-18-1982 by Ord. No. 1982-6; 12-28-1987 by Ord. No.
1987-14; 2-11-1991 by Ord. No. 1991-1; 5-23-1994; 1-26-1998 by Ord. No.
1998-2; 5-13-2002 by Ord. No. 2002-3; 9-25-2006 by Ord. No.
2006-5; 6-14-2010 by Ord. No. 2010-4; 6-27-2011 by Ord. No.
2011-6; 3-30-2015 by Ord. No. 2015-2]
A.
The base rates for water supplied through meters shall be as set forth in Chapter 63, Fees, and shall be payable as provided in this article. On each May 1, all base water rates and minimum charges established as provided in this Subsection A and set forth in Chapter 63 shall be adjusted by adding to each water rate and minimum charge in effect on the date of adjustment an amount equal to 2.5% of each respective water rate and minimum charge. The new rates which become effective each May 1 shall first apply to water used during the immediately preceding month of April but billed on or after May 1. The City Council may in its discretion waive or reduce any such annual adjustment.
[Amended 8-18-1982 by Ord. No. 1982-6; 3-23-1992]
Customers are liable for payment for all water used on the premises until notice has been received at the City of Lexington's office that the use of water is no longer desired. Customers are liable for all water shown to have passed through the meter, whether by use, wastage, or leakage. Where more than one tenant is supplied through a meter, the application for the water service must be made by the owner of the property. In the event a tenant fails to pay a bill for water and is in default as defined in § 251-14 of this article, the landlord or owner of the premises shall also be liable for such payment in the event such water bill is not paid within 30 days and notice has been mailed or delivered to the landlord's or owner's last address as shown by the records of the City.
A.
All accounts shall be paid at the office of the City
Collector.
B.
Bills for water rent will be mailed or delivered to
the customer's last address as shown by the records of the City, but
failure to receive any such bill does not relieve the customer from
the obligation to pay the bill. All bills for water rent shall be
mailed or delivered on a monthly basis and shall be due and payable
when so mailed or delivered. Any water bill due and payable during
any month after the effective date of this article shall become delinquent
if not paid by the 25th day of any such month. A penalty of 10% of
the amount of any such delinquent water bill shall be added to all
such delinquent bills, and the entire sum shall be due and payable
with the next monthly water bill.
[Amended 10-26-1987 by Ord. No. 1987-13; 11-23-2015 by Ord. No. 2015-11]
C.
When the last day for payment of the net bill falls
on a Sunday or a legal holiday, the time for payment of the net bill
will be automatically extended to include the first full business
day following.
D.
In case a customer shall file written objections to
any bill within 10 days of the date of same, the City of Lexington
will accept payment of the net bill within 15 days after the customer
has been notified of the results of the necessary investigation.
E.
Bills for metered service shall be rendered at least
once each month and shall show the readings of the meter at the beginning
and end of the period for which the bill is rendered. Bills will be
issued monthly.
F.
The basis for computing bills for metered service
shall be the same as indicated by the meter dials.
G.
In cases where the meter cannot be read, for any cause,
the City will require a payment on account equal to the usual bill
for such premises.
H.
In case where, for any cause, meter cannot be read
for a period exceeding three months, the City will turn off the water
upon due notice of its intentions so to do, unless the consumer or
customer makes access to the meter possible.
I.
The quantity recorded by the meter shall be taken
to be the amount of water passing through the meter, which amount
shall be conclusive to both the customer and the City, except when
the meter has been found to be registering inaccurately, or has ceased
to register. In such cases, the quantity may be determined by the
average registration of the meter in a corresponding past period when
in order, or by the average registration of the new meter, whichever
method is representative, in the City's opinion, of the conditions
existing during the period in question.
J.
No rebates from rates will be allowed for partial
use of water from wells, cisterns, etc.
K.
In the event the charges for services are not paid
within 45 days after rendition of the bill for such service, such
charges shall be deemed and are hereby declared to be delinquent,
and thereafter such delinquencies shall constitute liens upon the
real estate for which such service is supplied and the City Clerk
is hereby authorized and directed to file sworn detailed statements
showing such delinquencies in the office of the Recorder of Deeds
of McLean County, Illinois, and the filing of such statements shall
be deemed notice of the lien for payment of the service rendered.
L.
In the event the charges for such services become delinquent as defined in Subsection K, 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. It shall be the duty of the Water Superintendent of the City of Lexington to secure copies of the notices of all delinquencies from the City Clerk of said City on the 16th day of each month and to shut off services to said delinquent user at the end of the heretofore mentioned forty-five-day period.[1]
Complaints with regard to the character of the
service furnished, or of the reading of meters, or of the bills rendered
must be made at the City of Lexington's office, either verbally or
in writing, and a record of such complaint will be kept by the City,
giving the name and address of the complainant, the date, the nature
of the complaint and the remedy.
[Amended 2-24-1986 by Ord. No. 1986-1]
A.
When the supply of water is to be temporarily cut
off, notice will be given, when practicable, to all customers affected
by the shutting off, stating the probable duration of the interruption
of service and also the purpose for which the shut-off is made.
B.
In the interest of public health, the City of Lexington
will not permit its mains or services to be connected on any premises
with any service pipe or piping which is connected with any other
source of supply, nor will the City permit its mains or service or
service pipes to be connected in any way to any piping, tank, vat,
or other apparatus which contains liquids, chemicals, or any other
matter which may flow back into the City's service pipe or mains and
consequently endanger the water supply.
C.
The City of Lexington undertakes to use reasonable
care and diligence to provide a constant supply of water at a reasonable
pressure, but reserves the right, at any time, without notice, to
shut off the water in its mains for the purpose of making repairs
or extensions, or for other purposes; and it is expressly agreed that
the City shall not be liable for a deficiency or failure, regardless
of cause, in the supply of water or in the pressure, nor for any damage
caused thereby, or by the bursting or breaking of any main or service
pipe or any attachment to the City's property. All applicants having
boilers upon their premises depending upon the pressure in the City's
pipes to keep them supplied are cautioned against danger of collapse,
and all such damage must be borne exclusively by the consumer or customer.
D.
The City of Lexington shall require all new customers
who desire both regular water service and fire protection to install
separate service lines, one to be used solely for private fire protection.
The City may require all present customers who have only one line
for this dual service to install separate lines, all reasonable expenses
incurred in making such change being paid for by the customer. The
City will not permit the use of water from separate fire protection
lines except for the extinguishing of fires or for fire drills.
E.
The City of Lexington shall have the sole right to
determine the size of meters, valves, service lines, type of pipe
and materials used, and connections necessary to give the service
applied for.
F.
A supply of water for building or other special purposes
must be specially applied for.
G.
All use of water other than by the applicant, or for
any purpose or upon any premises not stated or described in the application,
must be prevented by him/her. The applicant will be liable for the
amount of water used in conformity with the schedule of rates or tariffs
of the City.
H.
Services may be discontinued for any of the following
reasons:
(1)
For the use of water for any other property or purpose
than that described in the application.
(2)
For misrepresentation in application as to the property
or fixture to be supplied.
(3)
For waste of water.
(4)
For molesting any service pipe, meter, curb stop,
or seal or other appliances of the City of Lexington.
(5)
For continued vacancy of the premises.
(6)
For nonpayment of water service, any other charges accruing under the application, nonpayment of connection fees required by § 251-12 hereinbefore, or any other fees, charges or penalty required to be paid pursuant to the provisions of this article.
(7)
For cross-connecting the City service pipe with any
other source of supply or with any apparatus which may endanger the
quality of the City's water supply.
(8)
For refusal of reasonable access to property for purpose
of inspecting, or for reading, repairing or removing meters.
(9)
For violation or refusal to comply with the rules
and regulations of the City of Lexington.
(10)
For refusal to install and maintain an air chamber
on plumbing installations where inspection proves its necessity.
I.
If a customer whose service has been discontinued
for nonpayment of bills or for violation of the rules and regulations
of the City of Lexington desires a reconnection, such reconnection
will only be made after the customer has:
J.
Auxiliary water meters.
[Added 9-25-2006 by Ord. No. 2006-5]
(1)
Any customer may, at the sole cost and expense of
the customer, install an auxiliary water meter. Water passing through
an auxiliary water meter may be used only for the purpose of irrigating
lawns and gardens, for the noncommercial washing of motor vehicles
or other objects, and for other similar uses where the water drawn
from the City's water system will not flow into the City's sanitary
sewer system. It is unlawful to allow any water which passes through
an auxiliary water meter to flow into the City's sanitary sewer system.
The owner and any occupant of any property which contains an auxiliary
water meter shall, as a condition to the use of such meter, be taken
to have consented to unannounced inspections of the plumbing system
of the premises where the auxiliary water meter has been installed
to verify that water passing through the auxiliary water meter does
not flow to the City's sanitary sewer system. Failure on the part
of an owner or occupant to permit such an inspection of the plumbing
system at the request of a representative of the City shall thereafter
result in the imposition of all surcharges or user charges related
to the City's sanitary sewer system with respect to all water passing
through the auxiliary meter.
(2)
Effective December 22, 2008, the base rate for water supplied through auxiliary water meters shall be as set forth in Chapter 63, Fees, and shall be payable as provided in this article.
[Added 12-22-2008 by Ord. No. 2008-9[2]]
(a)
Consumers within the corporate limits of the
City will be billed on a monthly basis when there is consumption indicated
on the meter. Billable usage will be exempt from sanitary sewer charges
and sewer surcharges.
(b)
There is no minimum rate for customers outside
the corporate limits of the City. Billable usage will be exempt from
sanitary sewer charges and sewer surcharges.
K.
J. In any case where a customer submits a check for payment of any service provided by the City or any of its departments, and the customer's check is returned for insufficient funds or for any reason the check is dishonored, the City shall be authorized to collect, in addition to the amount of the check, a returned-check fee as set forth in Chapter 63, Fees. This returned-check fee shall be considered a fee, charge or other penalty which may result in water service being discontinued as provided in Subsection H(6) above.
[Added 9-9-2002 by Ord. No. 2002-6[3]]
[Amended 2-24-1986 by Ord. No. 1986-1[1]]
A charge as set forth in Chapter 63, Fees, will be made for turning on water or resetting a meter where services have been discontinued pursuant to § 251-16H except for nonpayment of monthly water service; however, a charge as set forth in Chapter 63, Fees, will be made upon request of consumer after service has been voluntarily discontinued by that consumer or prior consumer.
A.
No person, except the Water Superintendent or other
authorized person, shall take water from any public fire hydrant,
hose plug, street washer or fountain pipe, except for fire purposes
or for the use of the Fire Department in case of fire; and no public
fire hydrant shall be used for sprinkling streets, flushing sewers
or gutters or for any other than fire purposes except with the approval
of the City.
B.
All hydrants, valves and main connections will be
installed and maintained by the City of Lexington.
C.
Requests for the installation of public fire hydrants
must be made by petition for an ordinance specifying the exact location
of the required hydrant.
D.
Because of the investment required to install fire
hydrants, a hydrant, once installed, cannot be ordered out unless
replaced at another location on existing mains, and in such cases
the cost of moving and reinstalling must be paid by the applicant.
The following rules and regulations for the
consumers of water and for plumbers are hereby adopted and established:
A.
Where water is used for steam boilers or other uses
where a stoppage of water supply might cause damage, the consumers
are cautioned that it is impossible for the City to guarantee a continuous
supply of water, and that, therefore, if such a supply is necessary,
the consumer should arrange for adequate storage capacity.
B.
In the case of temporary consumers, including contractors,
desiring water for construction purposes, the City may require a deposit
equal to the estimated cost of making the connections to furnish such
service, and upon discontinuance of such service, a refund shall be
made equivalent to the difference between the actual cost of making
such connection and the salvage value of the materials reclaimed.
C.
Water will not be furnished where pipes are inferior,
the plumbing defective, or the faucets, water closets or other fixtures
leaky or imperfect, and when such conditions are discovered, the supply
of water will be cut off, or a meter installed, unless immediate repairs
are made.
D.
Title to all services from main to curb stop, meters,
and meter installations is vested in and the same shall at all times
remain the sole property of the City of Lexington and shall not be
trespassed upon or interfered with in any respect. This property shall
be maintained by the City and may be removed or changed by it at any
time.
E.
Curb stops shall not be used by the consumer for turning
on or for shutting off the water supply. The control of the water
supply by the consumer shall be by means of a separate stop located,
in general, just inside the building wall. Curb stops are for the
exclusive use of the City.
F.
If it becomes necessary to repair or replace an existing
meter installation, the new meter installation will be made according
to these regulations.
G.
Where two or more customers are supplied through a
single service pipe, any violation of the rules of the City of Lexington
with reference to either or any of said customers shall be deemed
a violation as to all, and the City may take such action as may be
taken for a single customer.
H.
All employees of the City of Lexington whose duties
compel them to enter the property shall, upon request, show their
credentials and emblem of authority.
I.
If the City of Lexington finds that a meter seal has
been broken, or any bypass inserted, or there is evidence that the
meter has been tampered with, the water will be shut off and shall
not be turned on again until the customer has paid for the estimated
quantity of water which has been used and not registered plus the
cost to restore the water which has been used and not registered plus
the cost to restore the meter to proper working order and any other
necessary expense.
J.
The City Council reserves the right at any time to
alter, amend or add to these rules and regulations or to substitute
other rules and regulations, provided that no such changes shall ever
be made to impair, impede or diminish the security and source of payment
of any bonds of the City payable from the income and revenues of said
waterworks system.
K.
The City of Lexington reserves the right to shut off
water at any time in the mains for the purpose of repairing, cleaning,
making connections with or extensions to same, or for the concentrating
of water in any part of the City in case of fire, and for restricting
the use of the water in case of deficiency in supply. No claim shall
be made against the City by reason of the breaking of any service
pipe or service cock, or damage arising from shutting off of water
for repairing, laying or relaying mains, hydrants or other connections
or repairing any part of the waterworks system, or from failure of
the water supply, or by increasing the water pressure at any time,
or from concentration or restricted use of water as above.
L.
The right is reserved to suspend the use of lawn fountains
and hose for lawns and gardens whenever, in the opinion of the City
Council, public exigencies require it.
M.
No water consumer may supply water to other families
or allow them to take it, except for use on the premises and for the
purpose specified in the application, nor after water is introduced
into any building or upon any premises shall any person make or employ
any other person to make any tap or connection with the work upon
the premises for alterations, repairs, extensions or attachments without
a written permit therefor to be issued by the Water Superintendent.[1]
N.
In any case where multiple-family dwellings are served by a single water service line, the owner of the property will receive all bills for water service at such dwelling and the owner thereof will be responsible for the timely payment of all such bills. In the event of nonpayment, all of the rights and remedies provided in § 251-16 shall apply.
[Added 7-22-2002 by Ord. No. 2002-5]
O.
During a water emergency (drought, major service interruption,
water tower maintenance, etc.), use of hoses for the purpose of watering
lawns, or any other use that is deemed unnecessary, including, but
not limited to, washing cars, houses, decks, animals, etc., is prohibited.
Offenses will result in a fine in an amount not to exceed $750, and
multiple offenses may result in termination of water service until
the emergency situation is concluded.
[Added 7-22-2002 by Ord. No. 2002-5;
amended 6-14-2010 by Ord. No. 2010-4]
All connections and water applied for hereunder,
and all the water used hereunder, shall be upon the express condition
that the City of Lexington shall not be liable, nor shall any claim
be made against it, for damage or injury caused by reason of the breaking
of any main, branches, service pipes, apparatus or appurtenances connected
with the waterworks system or plant, or any part or portion thereof,
or for any interruption of the supply by reason of the breakage of
machinery, or by reason of stoppage, alterations, extensions or renewals.
[Amended 6-14-2010 by Ord. No. 2010-4]
No person shall in any manner obstruct the access
to any stop cock, hydrant or valve, or any public faucet or opening
for taking water in any street, alley, public way, public ground or
place connected with or part of the waterworks system, nor pile or
place any lumber, brick or building material or other article, thing
or hindrance whatsoever within 12 feet of the same, or so as to in
any manner hinder, delay or obstruct the members of the Fire Department
in reaching the same. It shall be unlawful for any person in any manner
to interfere with or obstruct the flow, retention, storage or authorized
use of water in the waterworks system, reservoir or plant, or any
part thereof, or to injure, deface, remove or displace any water main,
hydrant, service pipe, water meter, shutoff box, public fountain,
valve, engine or building connected with said waterworks system or
plant, or to cause, suffer, or permit any of said things to be done.
Any person violating this section shall, upon conviction, be subject
to a fine in an amount not to exceed $750, plus costs of prosecution.
No person not duly authorized shall turn the
water on at any fire hydrant or service cock or use water therefrom
when so turned on, and the person so using or wasting water in such
unlawful manner shall be liable to pay for the same.
[Amended 6-27-2011 by Ord. No. 2011-6]
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 of Illinois thereunto enabling them to file
all claims and liens 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 of Illinois.
Any person violating any of the provisions of
this article shall become liable to the City of Lexington for any
expense, loss or damage occasioned by the City, including attorney's
fees, by reason of such violation.
