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HomeMy WebLinkAboutRESOLUTION - 18-03 - 3/11/2003 - JAWA/GENERAL CLOSING CERT/REV. BONDSRESOLUTION NO. 18-03 A RESOLUTION AUTHORIZING THE VILLAGE MAYOR AND VILLAGE CLERK OF THE VILLAGE OF ELK GROVE VILLAGE TO EXECUTE A GENERAL CLOSING CERTIFICATE AS AN ACCOMPANYING CERTIFICATE OF PROCEEDINGS PERTAINING TO THE ISSUANCE OF WATER SUPPLY SYSTEM REVENUE BONDS, SERIES 2003 BY THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY $49,390,000 WATER SUPPLY SYSTEM REVENUE BONDS SERIES 2003 GENERAL CLOSING CERTIFICATE OF VILLAGE MAYOR AND VILLAGE CLERK OF THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT. 0 PASSED this 11' day of March 2003 APPROVED this 11' day of March 2003 ATTEST. Ann I. Walsh Village Clerk APPROVED: Craig B. Johnson, Mayor RES0602certsedes2003.doc NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY $49,390,000 WATER SUPPLY SYSTEM REVENUE BONDS, SERIES 2003 GENERAL CLOSING CERTIFICATE OF VILLAGE MAYOR AND VILLAGE CLERK OF THE VILLAGE OF ELK GROVE VILLAGE We, Craig B. Johnson and Ann I. Walsh, certify that we are the Mayor and Clerk, respectively, of the Village of Elk Grove Village, Illinois (the "Village"). This Certificate is being delivered as an accompanying Certificate to the record of proceedings pertaining to the issuance of $49,390,000 aggregate principal amount of Water Supply System Revenue Bonds, Series 2003, being issued today (the "2003 Bonds") by the Northwest Suburban Municipal Joint Action Water Agency (the "Agency"). This certificate is to be relied upon by Foley & Lardner, as bond counsel for the Agency, in rendering their approving legal opinion on the 2003 Bonds. As Village Mayor and Clerk, we certify on behalf of the Village as set forth below. The Village was duly incorporated as a Village in 1956 under the general laws of the State of Illinois. Since such date of incorporation, the Village has continuously operated under the general laws of the State of Illinois as a Village governed by a Mayor and Board of Trustees. The Village is not subject to the Commission form of government, pursuant to the Illinois Municipal Code, as amended. The Village is a `home rule" unit as that term is defined in Section 6 of Article VII of the 1970 Constitution of the State of Illinois, the Village having a population in excess of 25,000 and not having by referendum elected not to be a home rule unit. All of the territory comprising the Village is located in Cook and DuPage Counties, Illinois. 2. (a) The Village has duly executed the Northwest Suburban Municipal Joint Action Water Agency Agreement ("Agency Agreement') designating the Village as a member 011.1116136. of that Agency. The Agency Agreement, as amended December 7, 1982, remains in full force and effect and has not been otherwise amended or altered. The Village remains a member of the Agency. (b) The Village has duly executed the Water Supply Agreement between the Agency and the Village and that Agreement remains in full force and effect and has not been amended altered or repealed, except for the Amendment dated December 10, 1996. (c) The Mayor and the Board of Trustees of the Village have duly elected Craig B. Johnson as its representative on the Agency Board of Directors and Gary E. Parrin as its member of the Agency Executive Committee. 3. The Village has established a combined waterworks and sewerage system and has provided for the inclusion in that system of the Village's waterworks system. The Village has operated and maintained a combined waterworks and sewerage system since 1963. 4. There is no action, litigation, proceeding or referendum pending, or to our knowledge threatened, questioning, affecting or relating to (a) the corporate existence of the Agency or the Village's participation in the Agency, (b) the issuance, sale, execution or delivery of the 2003 Bonds, the authority or the purposes for which the 2003 Bonds are being issued, the validity or enforceability of the security for the 2003 Bonds or the Water Supply Agreement (c) the rates established or charged for water service by the Village or (d) the corporate existence, powers or boundaries of the Village or the title to their respective offices of the members of the Mayor and Board of Trustees of the Village or the Village officers. 5. The execution of the Water Supply Agreement, as amended, and the fulfillment by the Village of the terns of that Agreement, including the promise in that Agreement to pay a share of the costs of the Agency, do not conflict with, or result in any breach or violation of, any 2 011.1116136. contract or agreement to which the Village is a party or any applicable judgment, order, rule or regulation of any court or public or governmental agency or authority binding upon the Village and do not violate any provision of any existing resolution or ordinance 'of the Village. 6. The Village acknowledges that it has received notice that the Agency has assigned its rights under the Water Supply Agreement to the Trustee with respect to the Agency's Water Supply System Revenue Bonds (now BankOne National Association, as successor Trustee.) All steps have been taken which are required to cause payments by the Village under the Water Supply Agreement to be paid directly to the Trustee. 7. All the water purchased by the Village is for its general public use, that is, for use for municipal purposes (fire protection, use on municipal buildings, for example) or for sale to members of the general public with the Village's service area. All these sales are on the basis of generally applicable rates, which vary by category of user and amount of use. (A copy of the rate schedule is attached as Exhibit A). The Village does not have any contracts or other arrangements for the sale of water except on the basis of the generally applicable rates. It has no "take or pay" or other contracts for the sale of water with guaranteed minimum payments. The Village does not sell water to any person or entity for resale. No part of the Village's water system is owned, leased, operated, managed or beneficially used by anyone except the Village and its officers and employees. 8. The obligation of the Village under its Water Supply Agreement is the only obligation of the Village and payable from the revenues derived from the combined waterworks and sewerage system of the Village or for which those revenues have been pledged. 9. We have reviewed the Preliminary Official Statement dated February 15, 2003, and the Final Official Statement dated February 26, 2003, pertaining to the 2003 Bonds. The 3 011.1116136. information in the Official Statement is, and the information in the Preliminary Official Statement as of its date was, as it relates to the Village, accurate, does not and did not contain an untrue statement of a material fact and does not and did not omit to state a material fact necessary in order to make the statements in it, in light of the circumstances under which they were made, not misleading. 10. The Lake Michigan Water Allocation permit received by the Village from the Illinois Department of Transportation, dated March 13, 1990 remains in full force and effect and there is no pending or threatened proceeding challenging the validity or contending or seeking any change in that permit. WITNESS our signatures as of this 11 thday of March, 2003. Craig B. Johnson Village Mayor Ann I. Walsh Village Clerk (SEAL) 4 011.1116136. 7-2-1 CHAPTER 2 WATER AND SEWER USE AND SERVICE SECTION: 7-2- 1: Water and Sewer Taps 7-2- 2: Turning on Water 7-2- 3: Service Pipes 7-2- 4: Water Meters 7-2- 5: Rates and Charges 7-2- 5-1: Water Rates and Charges 7-2- 5-2: Wastewater Use and Service Inspections, Measurements and Charges 7-2- 5-3: Rates and Charges for Property Outside Village 7-2- 5-4: Bills for Services; Delinquencies 7-2- 5-5: Revenues 7-2- 5-6: Access to Records 7-2- 6: Sewer Use and Service Regulations 7-2- 7: Water Use Restrictions 7-2- 8: Prohibited Acts and Conditions 7-2- 9: Private Water Supply 7-2-10: Backflow Prevention Devices 7-2-11: Annexed. and Rezoned Land 7-2-12: Availability of Village Water and Sewer Service 7-2-13: Inspections, Measurements and Tests 7-2-14: Penalties 7-2-1: WATER AND SEWER TAPS: No connection to a water or sewer main shall be made without a permit being Issued and twenty four (24) hours, notice having been given to the Director of "EXHIBIT A" 7-2-1 Engineering and Community Development. All such connections shall be made under the supervision of the Director of Engineering and Community Development, and no connection shall be covered until the work has been Inspected by him or his authorized representative, together with a tender of the proper tap -on and Inspection fee in an amount determined by resolution of the President and Board of Trustees and in accordance with the provisions of Section 8-126-1-2 and 8-126-4 of this Code, prior to the Issuance of any permit. (Ord. 856, 6-5-73; amd. Ord. 1456, 5-12-81;1992 Code) Inspection by closed circuit television shall be required prior to approval and accept- ance by the Village of all sanitary and storm sewers. All costs for said Inspection shall be paid by the developer. The Di- rector of Engineering and Community De- velopment shall evaluate the reports and photographs obtained thereby. If said photographs and evidence show the sewer main to be free from engineering defect and foreign substance and show that it meets all other approved engineering standards, the Director of Engineering and Community Development shall approve the mains for acceptance by the Village; if not, he shall direct such remedial activity as is necessary to be done prior to the accept- ance of said mains. All photographs and reports obtained as a result of said in- spection shall be the property of the Vil- lage. (Ord. 856, 6-5-73) 7-2-2 7-2-2: TURNING ON WATER: A. Authority: No water from the Village water supply shall be turned on for service into any premises by any per- son except upon the order of the Director of Engineering and Com- munity Development or his author- ized representative. (Ord. 268, 1-24-63; amd. Ord. 1456, 5-12-81; 1992 Code) B. Application for Water Turn On: Appli- cations for water and/or sewer service shall be made, in writing, to the Elk Grove Village Department of Finance and shall contain an agreement by the applicant to abide by the ordi- nances of the Village Including pro- visions contained in this Chapter and In Sections 8-1213-1-2 and 8-126-4 of this Code. Failure to file this ap- plication may result in termination of service to the property. C. Deposit: 1. Where the property to be served is rented or leased or the applicant Is not the owner of the premises, a de- posit for water shall be made with each such application, this sum to be retained by the Village to Insure pay- ment of all water and/or sewer charges due the Village. The deposit shall be based on meter size in ac- cordance with the following schedule: Meter Size Deposit Required 6/6" $ 50.00 3 /4" 100.00 1" 150.00 7-2-3 1'/2 " $200.00 2" 300.00 31" 400.00 4" or larger 500.00 2. A deposit shall also be required in all cases where service is terminated for nonpayment or delayed payment of water and/or sewer charges as a guarantee for the payment of future water and sewer bills. 3. A customer who has paid all water and sewer charges on or before the due date for a period of two (2) years would not be required to pay a de- posit upon relocation and/or renting or leasing of additional property within the Village. 4. Deposits will be refunded without Interest when a customer has paid all water and sewer charges on or before the due date of each bill for a period of two (2) years. When service to the applicant Is discontinued permanently, the deposit, less any amount due the Village for water and/or sewer service, shall be refunded without Interest. (Ord. 1647, 6-12-84) D. Plumbing: No water shall be turned on for service in any premises in which the plumbing does not comply with the ordinances of the Village, provided, however, that water may be turned on for construction work in unfinished buildings subject to the provisions of this Chapter. (Ord. 268, 1-24-63) 7-2-3: SERVICE PIPES: 7-2-3 A. Installation Requirements: 1. No water and sewer service shall be Installed unless it conforms to the specifications drawn upon or approved by the Director of Engineering and Community Development, a copy of which shall be kept on. file in the office of the Director of Public Works. (Ord. 1456, 5-12-81) 2. All water and sewer pipes from the mains to the premises served shall be Installed by and at the cost of the owner of the property to be served on the applicant for the service. Such installation shall be under the Inspection of the Director of Engineering and Community Development. B. Repairs: All repairs for water and sewer service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The Village may, in case of an emergency, repair any service pipes, and if this is done, the cost of such repair work shall be repaid to the Village by the owner of the premises served. C.. Excavations: Excavations for Installing water and sewer service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets; provided, that It shall be unlawful to place any water and sewer service pipe in the same excavation with or directly under any drain pipe or sewer pipe. (Ord. 268, 1-24-63) 1. See Title 8, Chapter 8, Article 8 of this Code. 7-2-4 D. Shut -Off Boxes: Shut-off boxes or services boxes shall be placed on every service pipe that requires a water meter and shall be located between the curb line and the sidewalk line where this is prac- ticable. Such boxes shall be so located that they are easily accessible and shall be protected from frost. (Ord. 1319, 7-10-79) E. Penalty: Any person violating any provision of this Chapter shall be subject to the penalty provided in subsection 7-2-14A of this Chapter. (Ord. 1538, 9-28-82) 7-2-4: WATER METERS: A. Metered Water Required: Each indi- vidually owned premise using the Vil- lage water supply must be equipped with an adequate water meter furnish- ed by the Village or approved by the Village but paid for by the consumer; provided, that such water service may be supplied by the Village at a flat rate or charge until such meter may be installed. Before any premises are occupied, a water meter shall be in- stalled therein as herein required or application made for such water serv- ice at the flat rate or charge until the meter can be Installed or no water shall be furnished such premises. B. Type of Meter: A Rockwell remote register water meter or Its equal shall be the only approved water meter to be used In all areas of the Village. (Ord. 1319, 7-10.79) C. Installation of Meters: Meters shall be installed In a readily accessible 7-2-4 location as approved by the Village Department of Public Works. An electrical raceway shall be provid- ed for the physical protection and maintenance of the water meter wir- ing. This raceway is to be continuous from the remote head to the inside water meter. (Ord. 851, 5-8-73) D. Reading Meters: The Director of Pub- lic Works or his authorized represen- tative shall read or cause to be read every industrial and commercial water meter used in the Village at such times as are necessary that the bills may be- sent-outat"the proper time. The Department of Finance shall read or cause to be read every residential meter used in the Village at such times as are necessary that the bills may be sent out at the proper time. (1992 Code) When an inside meter cannot be read because the customer Is not at home or a glass block meter cannot be read due to obstructions of dirt, the meter reader shall leave a meter. reading card for the customer to complete and return. (Ord. 2034, 4-25-89, off. 5-1-89; 1992 Code) E. Testing Meters: Any Municipal water meters shall be taken out and tested upon complaint or request of the con- sumer. The consumer shall agree, in writing, at the time that the meter is removed, to pay for such testing if the meter proves to be within three per- cent (3%) of being accurate, such tee as determined by resolution of. the President and Board of Trustees. Any such fee, If not timely paid, shall be added to the consumer's regular water billing and collected In the manner 7-2-4 provided in Article VII hereof. If, upon the testing, the meter is not within three percent (3%) of being accurate, It shall be repaired and replaced at no expense to the customer. (Ord. 1386, # 7-8-60) F. Inspections; Meter Replacements: Any water meter Installed in or on any premises using the Village's water supply may be inspected by the Vil- lage to determine whether said meter conforms to the provisions of this Section or is otherwise in good oper- ating condition. Any meter which does not meet such requirements shall be replaced by the Village at the Village's expense. The Director of Public Works or his designated agents, bearing proper Identification, shall be permit- ted to enter all properties in the Vil- lage for the purpose of reading the meter or conducting such Inspection, repair or replacement as necessary. It shall be unlawful for any person to refuse to permit an inspection of their premises or premises under their control when said Inspection is for the purpose set forth in this Section. Any person violating any of the provi- sions of this subsection shall be sub- ject to the penalty provided in subsec- tion 7-2-14A of this Chapter. In addi- tion to any penalties as set forth here- in, any person who refuses to permit an inspection as herein provided may be subject to having their water ser- vices terminated by the Village until such time as an Inspection Is permit- ted as is required In this Section. (Ord. 1917, 9-8.87) G. Penalty: Any person violating any provision of this Section shall be sub - 595 7-2-4 ject to the penalty provided in subsec- tion 7-2-14A of this Chapter. (Ord.1538, 9-28-82) 7-2-5: RATES AND CHARGES: 7-2-5-1: WATER RATES AND CHARG- ES: A. Connection Charges: All property for which a building permit may hereafter be Issued, except Municipal buildings owned by the Village, which require a new connection with any mains or pipes, which are or hereafter may be constructed and used in connection with the Village water system shall pay the following connection charges: Connection Meter Size Charce °/8 (includes 6/8 x 3/4") $ 585.00 3/1 975.00 1' 1,435.00 11/2 4,150.00 2' 11,700.00 3' 11,700.00 4' 24,850.00 6' 24,850.00 (Ord. 1102,10-26-76, eH. 10-26-76) B. Water Rates Established: All property upon which any building has been built or may hereafter be erected with- in the corporate limits of the Village, except Municipal buildings owned by the Village, having a connection with any mains or pipes which are or here- after may be constructed and used in connection with the Village water system, shall pay a basic user rate as follows: 595 7-2-5-2 Rate per 1,000 gallons of water consumed May 1, 1995 $2.72 May 1, 1996 2.97 May 1, 1997 3.22 (Ord. 2412, 2-28-95, eff. 5-1-95) C. Water for Construction or Temporary Purposes: All nonmetered fire hydrant water used for new construction shall be billed at a flat rate of fifteen dollars ($15.00) per month. All other con- struction or temporary users perform- ing work within the Village can obtain water from the Public Works facility at twice the basic user rate per one thousand (1,000) gallons consumed. Only contractors and public agencies performing work on public Improve- ments, who cannot reasonably obtain water from other sources, will be al- lowed to use fire hydrants for water. A forty dollar ($40.00) connection charge per hydrant plus twice the basic user rate will apply. (Ord. 2201, 11-26-91) 7-2-5-2: WASTEWATER USE AND SER- VICE CHARGES: A. Wastewater Service Charges: 1. Basis for Wastewater Service Charges: The wastewater service charge for the use of and for service supplied by the wastewater facilities of the Village shall consist of a basic 7-2-5-2 user charge for operation, main- tenance and replacement. A debt service charge and a surcharge, if applicable, may also be made from time to time. a. Basic User Charge: The basic user charge shall be based on water usage as recorded by water meters. It shall consist of operation, main- tenance and replacement costs and shall be computed as follows: (1) Estimate the projected an- nual revenue required to operate and maintain the wastewater facilities, Including a replace- ment fund for the year, for all works categories. (2) Compute costs per one thousand (1,000) gallons for normal sewage strength. b. Debt Service Charge: The debt service charge shall be computed by dividing the annual debt service of all outstanding debts by the number of users. Through further divisions, the monthly and quarterly debt service charges can be computed. (Ord. 1859, 1-13-1987, eff. 2-27-1987) c. Surcharge Rate: A surcharge may be levied to users whose was- tewaters exceed the normal con- centrations for ammonia nitrogen, BOD and SS as may be established by the Metropolitan Water Reclamation District of Greater Chicago for property serviced by that system or by the Village of Bensen- ville for property serviced by that sys- tem or by the Village of Wood Dale for property serviced by that system. (Ord. 1983, 9-13-1988; 1992 Code) 7-2-5-2 2. Measurement Of Flow: The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption. a. Private Water Source: 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 a 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 Village for the purpose of determining the volume of water obtained from these other sources. b. Meters: Devices for measuring the volume of waste discharged may be required by the Village if these volumes cannot otherwise be deter- mined from the metered water con- sumption records. Such metering devices shall be installed, owned and maintained by the person. Following approval and Installation, such meters may not be removed, unless service is cancelled, without the consent of the Village. c. Inspections Permitted: The Vil- lage shall have the right to enter on the property of persons discharging waste into the public sewer system for the purpose of inspecting any meters located thereon as may be required in subsection A2a and 2b above and determining the volume of flow therefrom. (Ord. 1859, 1-13-1987, eff. 2-27-1987) 3. Rates And Charges Established: a. Basic User Rate: There is hereby established a basic user rate for the 896 7-2-5-2 use of and for service supplied by the wastewater facilities of the Village of Elk Grove Village and, where ap- plicable, the Village of Bensenville and the City of Wood Dale. A basic user rate shall be applied to all users of Elk Grove Village wastewater facilities as follows: May, 1996 $0.39 per 1,000 gallons of water metered May, 1997 0.42 per 1,000 gallons of water metered May, 1998 0.45 per 1,000 gallons of water metered In addition, users of the Village of Bensenville wastewater facilities shall pay a capital expenditure reimbur- sement charge as established from time to time for Elk Grove Village's she of capital Improvements to Ben- senvllle's wastewater system based on Elk Grove Village's proportionate share of these expenditures as charged by Bensenville, as well as a rate as established from time to time by the Village of Bensenville, which may Include a basic user rate, a debt service charge and/or a surcharge rate. b. Nonmetered Users: All non - metered Village users of the was- tewater facilities shall pay a flat rate charge per month to cover the char- ges established by the Village. The flat rate shall be based on a minimum charge at the following rates: May, 1996 $0.39 per 1,000 gallons of water metered 896 7-2-5-2 May, 1997 $0.42 per 1,000 gallons of water metered May, 1998 0.45 per 1,000 gallons of water metered The flat rate charge, computed at the sewer rate in effect at the time, will allow a maximum of the following number of gallons per month for a user who would otherwise have a water meter of the following size: 5/8o_3 /4" 8,670 1' 20,613 11/2" 61,883 2"-3" 193,831 4'-6" 657,061 In the event use of the wastewater facilities is determined by the Village to be In excess of the above number of gallons per month for a given water meter size, the Village may require such flat rate user to install (at his expense) approved metering devices on the water supply or customer sewer service line to measure the amount of service supplied. (Ord. 2484, 4-9-1996, eff. 5-1-1996) c. Debt Service Charge: A debt service charge Is not presently charged. The Village may, if the need arises, establish a debt service charge sufficient to comply with the terms and provisions of legally established in- debtedness documents. (Ord. 1859, 1-13.1987, eff. 2-27-1987) d. Surcharge Rate: The rates of surcharges for ammonia nitrogen, BOD and SS shall be as established by the Metropolitan Water Reclama- tion District of Greater Chicago for property serviced by that system and 7-2-5-2 by the Village of Bensenville for property serviced by that system' or by the Village of Wood Dale for property serviced by that system. (Ord. 1983, 9-13-1988; 1992 Code) 4. Computation Of Charges: a. Wastewater Service Charge: The wastewater service charge shall be computed by the following formula: CW=VuXCiU Where CW = Amount of wastewater service charge ($) per billing period. Vu = Wastewater volume in 1,000 gallon units for the billing period. CU = Basic user rate for operation, maintenance and replacement. Each sanitary sewer user in the Vil- lage shall be notified, at least annual- ly, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to was- tewater services as provided by the Village. (Ord. 1859, 1-13-1987; off. 2-27-1987) b. Surcharge: The concentration of wastes used for computing surcharges shall be established by the Metropolitan Water Reclamation District of Greater Chicago for proper- ty serviced by that system and by the Village of Bensenville for property serviced by that system or by the Village of Wood Dale for property 1. See Chapter 4 of this Title. 2. See also subsection 8-1213-1-2E of this Code. 7-2-5-3 serviced by that system. (Ord. 1859, 1-13-1987, off. 2-27-1987; 1992 Code) 5. Review Of Service Charges: The adequacy of the wastewater service charge shall be reviewed annually by the Village Director of Finance. All sewage system costs shall be audited annually by a certified public accoun- tant. The audit shall be available for Inspection by any parry during normal business hours. The wastewater service charge shall be revised periodically to reflect a change in debt service, surcharge or a change In operation, maintenance and replacement costs. B. Connection Charges: All property for which a building permit may hereafter be issued, except Municipal buildings owned by the Village, which require a new connection with any mains or pipes which are or hereafter may be constructed and used in connection with the Village sewer system shall pay a connection charge of twenty five dollars ($25.00)2. C. ,Penalty: Any person violating any provisions of this Section shall be subject to the penalty provided in subsection 7-2-14A of this Chapter. (Ord. 1859, 1-13-1987, eff. 2-27-1987) 7-2-5-3: RATES AND CHARGES FOR PROPERTY OUTSIDE VIL- LAGE: A. Water Rates: The rates for water services to all property not within the Village limits upon which any building has been or may hereafter be erected having a connection with any Village 896 7-2-5-3 water mains or pipes which presently exist or may hereafter be constructed shall pay a basic user rate as follows: Rate Per 1,000 Gallons Of Water Consumed 7-2-5-4 plied. (Ord. 2485, 4-9-1996, eff. 5-1-1996) 7-2-5-4: BILLS FOR SERVICES; DELIN- QUENCIES: A. Rendition Of Bills: Bills for water and May 1, 1995 $4.08 sewer service shall be dated and sent May 1, 1996 4.46 out at such times as may be directed May 1, 1997 4.83 by the President and Board of Trus - (Ord. 2413, 2-28-1995, eff. 5-1-1995) tees. (Ord. 268, 1-24-1963) B. Sewer Rates: B. Delayed Payment Charge; Returned Checks: 1. Metered Users: The rates for water services to all property not within the Village limits upon which any building has been or my hereafter be erected having a connection with the Village sewer mains or pipes shall pay a user rate as follows: May 1, 1996 $0.59 per 1,000 gallons of water metered May 1, 1997 0.63 per 1,000 gallons of water metered May 1, 1998 0.68 per 1,000 gallons of water metered 2. Nonmetered Users: All nonmetered users of the wastewater facilities shall pay an amount equal to one and one-half (11/2) times the minimum rates established in subsection 7-2-5-2A3b of this Chapter. In the event use of the wastewater facilities Is determined by the Village to be in excess of the number of gallons provided by subsection 7-2-5-2A3b of this Chapter for a given water meter size, the Village may assess charges to accurately reflect the service sup- 896 1. An additional charge amounting to ten percent (10%) of the bill will be added to the bill for water and/or sewer service If not paid on or before the due date of the bill. (Ord. 1350, 1-8-1980) 2.If any check deposited with the Village for payment of the water and/or sewer bill is returned unpaid from the bank on which it is drawn, an additional fee shall be charged equal to the current fee assessed for returned checks by the Village's depository bank. This fee shall change in accordance with future returned check fees charged by the bank. (Orel. 2178, 8-13-1991) C. Nonpayment Of Charges; Termination Of Service: The water supply may be shut off from any premises for which the water and/or sewer bill remains unpaid after the due date of the bill. When shut off, water shall not be turned on again except upon payment of a twenty five dollar ($25.00) recon- nection fee plus such other charges or deposits as are required by the 7-2-5-4 provisions of this Chapter. (Ord. 1350, 1-8-i980) D. Lien For Charges: Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water or sewer service remains unpaid sixty (60) days after it has been rendered, the Clerk may file with the Recorder of Cook or DuPage County a statement of lien claim. 7-2-5-4 896 7-2-5-4 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 for water served subsequent to the period covered by the bill. If the con- sumer of water and sewer whose bill Is unpaid is not the owner of the pre- mises 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 sixty (60) days after it has been ren- dered. The failure of the Clerk to re- cord such lien claim or to mall such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid water and sewer bills as mentioned in subsection E of this Section. E. Foreclosure Of Lien: Property subject to a lien for unpaid water and sewer charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charg- es, 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 autho- rized and directed to institute such proceedings, in the name of the Vil- lage, in any court having Jurisdiction over such matters against any proper- ty for which water and sewer bills remained unpaid sixty (60) days after being rendered. (Ord. 268, 1-24-63) 7-2.5-5: REVENUES: All revenues and monies derived from the opera- tion of the Village sewerage system shall be deposited in the Waterworks and Sewer - 7 -2-6 age Fund, a fund separate and apart from all other Village funds. The accounting records for the Waterworks and Sewerage Fund shall be maintained on the accrual basis In accordance with generally accept- ed accounting principles and applicable legal requirements. The accounts for reve- nues and expenditures will be maintained separately within the Fund for both the water system and the sewer system. (Ord. 1860, 1-13-87) 7-2-5-6: ACCESS TO RECORDS: The Illinois Environmental Protection Agency, the United States Environmental Protection Agency or their authorized repre- sentatives shall have amass to any books, documents, papers and records of the Vil- lage which are applicable to the Village's system of user charges for the purpose of making audit, examination, excerpts and transcription thereof to ensure compliance with the terms of the Federal regulation and conditions of any Federal grant. (Ord. 1860, 1-13-87) 7-2-6: SEWER USE AND SERVICE REGULATIONS: A. Use Of The Public Sewers Required: 1. Disposal of any sewage from pre- mises in the Village in any manner other than by discharge of the same Into the sewerage system of the Vil- lage is hereby declared to be a nui- sance; every water closet or privy connected and used In any building not connected with the sewerage system of the Village is hereby de- clared to be a nuisance; provided, this Section shall be inapplicable to pre- mises where connection with the sew- erage system is not feasible. Such 1295 7-2-6 connection with the sewerage system Is hereby declared to be feasible as to any premises abutting any street, alley or other public way or sewer right of way in which any line of the sewerage system of the Village exists or has existed for a period of one hundred twenty (120) days. 2. Every person using premises in the Village from which the disposal of sewage Is necessary shall connect said premises to the sanitary sewer- age system of the Village within one hundred twenty (120) days after the establishment of sanitary sewerage service to said premises. Such sewer- age service is hereby declared to be established for any premises in the Village when any tine of the sewerage system of the Village is in any street, alley or other public right of way abut- ting the premises. (Ord. 269, 2-7-63) B. Prohibited Discharges Into Storm Sewers: No person shall permit, make or cause to make a connection or otherwise discharge sanitary sewer water or industrial wastewater Into any storm sewer Into the Village. (Ord. 381, 1-21-65) C. Sewerage Facilities Near Municipal Water Supply: All sewerage facilities within a distance of one hundred fifty feet (150') radially from all Municipal water supply wells shall be construct- ed and located in conformity with the minimum requirements of the Depart- ment of Public Health of the State of Illinois. (Ord. 343, 6-18-64) 7-2-7: WATER USE RESTRICTIONS: iP01.1 7-2-7 A. Use Restricted: All persons who re- side or occupy premises in the Village or purchase water from the Village shall not use the water for sprinkling lawns, shrubs, trees and gardens, filling private swimming pools or washing vehicles (except in commer- cial establishments having approved and functioning water recycling facili- ties) with water distributed by the Village except as follows: (Ord. 1131, 4-12-77) 1. Residential Users: All residential property owners shall be permitted to use water for any outdoor purpose between the hours of five o'clock (5:00) P.M. and ten o'clock (10:00) P.M. on Monday through Friday and all day Saturday and Sunday. 2. Industrial, Commercial And Institu- tional Uses: All industrial, commercial and institutional property occupants shall be permitted to use water for any outdoor purpose between the hours of nine o'clock (9:00) A.M. and two o'clock (2:00) P.M. Monday through Friday and all day Saturday and Sun- day. (Ord. 2454, 10-24-95) 3. New Vegetation: Water may be used to establish newly Installed or newly planted lawns having an area greater than one thousand (1,000) square feet upon Issuance of a written permit by the Director of Public Works or his authorized representative; said permit will be valid for fourteen (14) days and allow four (4) hours of water usage for the new lawn on each day the permit is valid. Permits may be renewed for a ten (10) day period. Applications may be secured from the Director of Public Works or his autho- rized representative's office at 666 7-2-7 Landmeler Road between eight thirty o'clock (8:30) A.M. and four o'clock (4:00) P.M. on Mondays through Fri- days. Persons seeking permits for watering new lawns shall Indicate the hours they prefer. The Director of Public Works or his authorized repre- sentative is authorized to issue, to modify, to reject or to revoke said permits. (Ord. 1131, 4-12-1977; amd. Ord. 1456, 5-12-1981) 4. Private Swimming Pools: Water may be used to fill private swimming pools on days other than above indi- cated; provided a permit therefor Is Issued by the Director of Public Works or his authorized representative. Said permit shall only be valid for the time and days indicated thereon and appli- cations may be secured as provided in subsection A3 of this Section. (Ord. 1140, 5-10-1977; amd. Ord. 1456, 5-12-1981) 5. Emergencies: If, in the opinion of the Director of Public Works or his authorized representative, an emer- gency exists to the extent that the Village's water production, storage or distribution system Is unable to meet the need for water for indoor con- sumption or usage, public health and/or public safety purposes, the Director or his authorized representa- tive is authorized to temporarily sus- pend or modify the foregoing sprin- kling and outdoor usage of water reg- ulations by giving notice in a newspa- per having general circulation with the Village of such state of emergency and the conditions of temporary sus- pension or modification to be im- posed. No individual state of emer- gency shall be declared for a period longer than seven (7) days, but a 7-2-8 separate and subsequent state of emergency can be declared at the termination of any seven (7) day peri- od. (Ord. 1131, 4-12-1977; amd. Ord. 1456, 5-12-1981) B. Effect Of Use Restrictions': The re- strictions on the use of water for out- door purposes shall be effective from May 1 through September 30 of each year. (Ord. 2454, 10-24-1995) C. Penalty: Any person who uses water or consents to the use of water other than as provided for above shall be subject to the penalty provided in subsection 7-2-14A of this Chapter. Any person who shall persist in violat- ing the provisions of this Section after a warning shall be subject to having his or Its water service terminated for a period not to exceed forty eight (48) hours and payment of ten dollars ($10.00) to the Village for reestablish- ing water service. (Ord. 1811A, 6-10-1986) 7-2-8: PROHIBITED ACTS AND CON- DITIONS: A. Resale Of Water: No water shall be resold and distributed by the recipient thereof from the Village supply to any other premises than that for which application has been made and the meter Installed, except in case of emergency. (Ord. 268, 1-24-1963) B. Tampering With Water And Sewer System: 1. It shall be unlawful for any unautho- rized person to maliciously, wilfully or negligently break, damage, destroy or tamper with, alter or Injure any struc- 1. The national holidays of Memorial Day, Independence Day and Labor Day are exempted from the restrictions set forth In Section 7-2-7. 1197 7-2-8 ture, appurtenance, equipment, meter or other part of the Village's water and sewer facilities. Any person violating this provision shall be subject to im- mediate arrest under a charge of dis- orderly conduct. (Ord. 1860, 1-13-1987) 2. It shall be unlawful for any person to tamper with, turn on or damage in any manner any fire hydrant located in the Village. Any person violating the provisions of this subsection B2 shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 2583, 8-12-1997) 7-2-9: PRIVATE WATER SUPPLY: It shall be unlawful for any person to construct, Install, maintain or utilize a water system or well other than the water supply and water services of the Village. The provisions of this Section shall be ap- plicable to all water usage including, but not limited to, domestic, commercial and indus- trial uses and water for outdoor purposes. The provisions of this Section shall not apply to private water systems Installed prior to the effective date hereof, the use of which has been previously approved by the Village. (Ord. 1538, 9-28-1982) 7-2-10: BACKFLOW PREVENTION DEVICES: A. Backflow Prevention Devices Re- quired: All owners of real property upon which a building has been con- structed or is sought to be constructed and tenants thereof are required to install and maintain approved check - 1197 7 -2-10 valve or backflow and backsiphon prevention devices in the following instances: 1, Where the water service main is two inches (2') or greater in size; 2. Commercial and industrial buildings where the building to which the water service Is connected uses water in Its process Including, but not limited to, car washes and washerettes; 3. Where the service is to lawn sprin- kler systems; 4. Where the building to which the water connection is made is equipped with a pump taking direct suction from the water service main. B. Location: The location of all such devices shall be determined by the Department of Public Works. A Model G-6 Hersey Sperling Division Beeco, or equal, is deemed an approved checkvalve or backflow and back - siphon prevention device. C. Compliance With Provisions: Existing buildings subject to this regulation shall install said device on or before May 1, 1968. No new building shall 7-2-10 C) be permitted to be constructed unless the aforementioned device is pro- vided. Continued water service is conditioned upon compliance with these regulations by customers af- fected by May 1, 1968. (Ord. 519, 3-12-68) 7-2-11: ANNEXED AND REZONED LAND: Future annexation and/or rezoning by the Village will be curtailed if such annexation and/or rezoning will have a deleterious effect on the water or sewer systems of the Village, and the President and Board of Trustees shall have and re- taln the right to regulate, control and condition annexation and/or rezoning and building occupancy relating thereto based on the capacity of the water or sewer sys- tems to adequately and safely provide for same. (Ord. 1097, 9-28.76; 1992 Code) 7-2-12: AVAILABILITY OF VILLAGE WATER AND SEWER SERV- ICE: Only property within the Village limits shall be entitled to and receive Village water and sewer services. Present users without the Village shall have until October 30, 1971, to provide themselves with such services or other terminal date as specified In prior written contracts should It extend beyond said time. After said date they shall not be entitled to further service. (Ord. 715, 10-27-70) 7-2-13: INSPECTIONS, MEASURE- MENTS AND TESTS: The Direc- tor of Public Works and other duly author- ized employees of the Village, the Illinois 7-2-13 Environmental Protection Agency and the United States Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties in the Village for the purpose of Inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The Direc- tor of Public !Works or his representative shall have no authority to inquire Into any processes, Including metallurgical, chemi- cal, 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 waterways or facilities for waste treatment. (Ord. 1860, 1-13-87) It shall be unlawful for any person to re- fuse to permit an inspection of their prem- ises or premises under their control by the Director of Public Works or his designated agent, any other duly authorized employee of the Village, the Illinois Environmental Protection Agency or the United States En- vironmental Protection Agency when said Inspection Is for the purpose of enforce- ment of the provisions of this Chapter. Any person who violates any of the provi- sions of this Section shall be subject to the penalty provided in subsection 7-2-14A of this Chapter. In addition to any of said penalties any person who refuses to permit an Inspection of his water service, sewer service, sump pump system or such other services of the Village's water and sewer system may be subject to having his water services terminated by the Village until such time as an inspection is permitted as Is required In this Chapter. (Ord. 1888, 5-12-87) 7-2-14 7-2-14: PENALTIES: A. Any person violating any provision of this Chapter shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day dur- ing or on which a violation occurs or continues. B. In addition to any penalty which may be Imposed herein, any person vio- lating the provisions of Sections 7-2-1, 7-2-2, 7-2-6A, 7-2-68, 7-2-8A, 7-2-813, 7-2-9, 7-2-10 and 7-2-12 of this Chapter shall be subject to hav- ing his water services terminated, suspended or revoked. Notice of the Intent by the Village to terminate, suspend or revoke such service shall be given to any such person at least fifteen (15) days In advance of the date established for termination, and a person so notified shall have an opportunity to request, in writing, a hearing before the Village Manager to show cause as to why his water servt' Ice shall not be terminated, sus- pended or revoked. The notice re- quest must be filed with the Village Manager no later than five (5) days from the proposed termination date, and thereafter, the Village Manager shall schedule a hearing within ten (10) days of the receipt of said notice request. Pending any such hearing, all water use privileges shall remain In full force and effect, subject to compliance with the provisions of this Chapter. The Village Manager shall 7-2-14 have the authority during the course of any such hearing to suspend or re- voke water service or to Impose such sanctions on the water user short of suspension or revocation Including the collection of unpaid water usage, un- paid water bilis, Interest due thereon and such other monetary fines or sanctions which the Village Manager deems in the best Interest of the Village for the express purpose of enforcing the provisions of the above- mentioned sections. (Ord. 1538, 9-28-82)