[Adopted 8-10-2009 by Ord. No. 2009-09]
The water service charge for the use of and for service supplied
by the water facilities of the Village shall consist of a basic user
charge and a debt service charge.
A.
The basic user charge is levied on all users to recover the operation,
maintenance plus replacement (OM&R) costs and shall be based on
water usage as recorded by water meters. The basic user charge shall
be computed as follows:
B.
The debt service charge is computed by apportioning the annual debt
service as a fixed charge plus a charge per 1,000 gallons.
C.
The adequacy of the water service charge shall be reviewed, not less
often than annually, by certified public accountants for the Village
in their annual audit report. The water service charge shall be revised
periodically to reflect a change in local capital costs or OM&R
costs.
D.
Measurement of flow. The volume of flow used for computing basic
user charges shall be the metered water consumption read to the lowest
even increments of 100 gallons.
(1)
If the person procures any part, or all, of his water from sources
other than the public waterworks system, the person shall install
and maintain, at his expense, water meters of a type approved by the
Director for the purpose of determining the volume of water obtained
from these other sources.
(2)
Devices for measuring the volume of water may be required by the
Director if these volumes cannot otherwise be determined from the
metered water consumption records.
(3)
Metering devices for determining the volume 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 Director.
There shall be and there is hereby established a basic user
charge per 1,000 gallons of metered water consumption to be applied
to all users to recover OM&R costs accordingly as set forth in
Chapter 155, Fees.
There shall be and there is hereby established a debt service
charge to each user of the water facility as set forth in Chapter
155, Fees.
A.
Water rates inside the Village limits of Williamsville and Sherman.
Except as provided for herein in Subsection C herein, water supplied
by the Village of Williamsville through meters to customers inside
the Village limits of Williamsville and/or Sherman shall be at the
monthly rates set forth in Chapter 155, Fees.
A.
Said rates or charges 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 to pay for the service to such
premises and the service is furnished to the premises by the Village
only upon the condition that the owner of the premises, occupant and
user of the services are jointly and severally liable therefor to
the Village.
B.
Bills for service shall be sent out by the Village Treasurer or the
utility billing clerk on the first day of the month.
C.
All bills are due and payable 20 days after being sent out. A penalty
of 10% shall be added to all bills not paid by the 20th day after
they have been rendered.
If the charges for such service are not paid within 30 days
hereinabove mentioned after the rendition of the bill for such services,
such services shall be discontinued without further notice and shall
not be reinstated until all claims are settled.
A.
Whenever a bill for service remains unpaid for 45 days for monthly
service after it has been rendered, the Village Treasurer or the Village
Clerk shall file with the County Recorder of Deeds a state-of-lien
claim. This 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 subsequent
to the period covered by the bill.
B.
If the user whose bill is unpaid is not the owner of the premises
and the Village Treasurer or the utility billing clerk has notice
of this, notice shall be mailed to the owner of the premises if his
address be known to the Treasurer or the utility billing clerk, whenever
such bill remains unpaid for the period of 45 days for a monthly bill.
C.
The failure of the Village Treasurer or the utility billing Clerk
to record such lien 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 bills as mentioned in the following section.
Property subject to a lien for unpaid charges shall be sold
for nonpayment of the same, and the proceeds of the 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 Village. The Village Attorney is
hereby authorized and directed to institute such proceedings in the
name of the Village in any court having jurisdiction over such matters
against any property for which the bill has remained unpaid 45 days
in the case of a monthly bill.
A.
All revenues and moneys derived from the operation of the water system
shall be deposited in the water account of the Water Fund. All such
revenues and moneys shall be held by the Village Treasurer separate
and apart from his private funds and separate and apart from all other
funds of the Village Treasurer not more than 10 days after receipt
of the same, or at such more frequent intervals as may from time to
time be directed by the President and Board of Trustees.
B.
The Village Treasurer shall receive all such revenues from the water
system and all other funds and moneys incident to the operation of
such system as the same may be delivered to him and deposit the same
in the account of the fund designated as the "Water Fund of the Village."
Said Treasurer shall administer such fund in every respect in the
manner provided by statute of the Revised Cities and Villages Act,
effective January 1942.
A.
The Village Treasurer 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 water system, and at regular annual intervals he shall cause to
be made an audit by an independent auditing concern of the books to
show the receipts and disbursements of the water system.
B.
In addition to the customary operating statements, the annual audit
report shall also reflect the revenues and operating expenses of the
water facilities, including a replacement cost. The financial information
to be shown in the audit report include the following:
Any person, firm or corporation violation any provisions of
this article shall be fined not less than $100, nor more than $750
for each offense.
The Illinois Environmental Protection Agency or its authorized
representative shall have access to any books, documents, papers and
records of the Village which are applicable to the Village system
or user charges for the purpose of making audit, examination, excerpts
and transcriptions thereof to ensure compliance with the terms of
any state loan.
The rates and service charges established for user charges in
§ 301-16 shall take effect and be in force from and after
its passage and approval, as required by law on the bills to be rendered
for the next succeeding month being the September 2009 monthly reading.
The method for computation of rates and service charges established
for user charges in § 301-16 shall be made available to
a user within seven days of a written requirement for such. Any disagreement
over the method used or in the computations thereof shall be remedied
by the Village Board within seven days after notification of a formal
written appeal outlining the discrepancies.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
A.
Clarification
of word usage. "Shall" is mandatory; "may" is permissible.
B.
PERSON
General
definitions.
Any and all persons, natural or artificial, including any
individual, firm, company, municipal, or private corporation, association,
society, institution, enterprise, governmental agency or other entity.
C.
ADMINISTRATOR
FEDERAL ACT
Federal government.
The Administrator of the United States Environmental Protection
Agency.
The Federal 1996 Safe Drinking Water Acts Amendments.
D.
DIRECTOR
STATE ACT
STATE LOAN
State government.
The Director of the Illinois Environmental Protection Agency.
The Illinois Anti-Pollution Bond Act of 1970.
The State of Illinois participation in the financing of the
construction of waterworks as provided for by the Illinois Anti-Pollution
Bond Act and for making such loans as filed with the Secretary of
State of the State of Illinois.
E.
APPROVING AUTHORITY
THIS ORDINANCE
VILLAGE
Local government.
The Director of the Department of Public Works.
[1]This article.
The Village of Williamsville.
F.
CURB COCK
EASEMENT
MILLIGRAMS PER LITER
pH
PPM
SERVICE BOX
Water and its characteristics:
A shutoff valve attached to a water service pipe from a water
main to a building installed near the curb, which may be operated
by a valve key to start or stop flow in the water supply lines of
a building. Also called "curb stop."
An acquired legal right for the specific use of land owned
by others.
A unit of the concentration of water constituent. It is 0.001
g of the constituent in 1,000 ml of water. It has replaced the unit
formerly used commonly, parts per million, to which it is approximately
equivalent, in reporting the results of water analysis.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration express by one of the procedures outlined in the
IEPA Division of Laboratories Manual of Laboratory Methods.
Parts per million by weight.
A valve box used with corporation or curb cock.
G.
BASIC USER CHARGE
CAPITAL IMPROVEMENT CHARGE
DEBT SERVICE CHARGE
LOCAL CAPITAL COST CHARGE
REPLACEMENT
USEFUL LIFE
USER CHARGE
WATER FUND
WATER SERVICE CHARGE
Types of charges:
The basic assessment levied on all users of the public water
system.
A charge levied on users to improve, extend or reconstruct
the waterworks.
The amount to be paid each billing period for payment of
interest, principal and coverage of loan, bond, etc., outstanding.
Charges for costs other than the operation, maintenance and
replacement costs, i.e. debt service and capital improvement costs.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
works to maintain the capacity and performance for which such works
were designed and constructed. The term "operation and maintenance"
includes replacement.
The estimated period during which the waterworks will be
operated.
A charge levied on users of waterworks for the cost of operation,
maintenance and replacement.
The principal accounting designation for all revenues received
in the operation of the water system.