§ 21-20. Rates and charges.

(a)

Water rates and charges.

(1)

User rates: Commencing with the June 2014 billing cycle and each month billing cycle thereafter, the following shall be the rates for water furnished to water customers, except as provided for by separate contract:

a.

The charge for residential and commercial customers situated within the corporate limits of the city shall be for the first two thousand (2,000) gallons per month or fraction thereof, a minimum charge of twenty-two dollars and twenty-five cents ($22.25).

b.

The rate for over two thousand (2,000) gallons per month for residential and commercial customers situated in the corporate limits of the city shall be six dollars ($6.00) per thousand gallons or fraction thereof used.

c.

The charge for residential and commercial customers situated outside the corporate limits of the city shall be for the first two thousand (2,000) gallons per month or fraction thereof, a minimum charge of twenty-seven dollars ($27.00).

d.

The rate for over two thousand (2,000) gallons per month for residential and commercial customers situated outside of the corporate limits of the city shall be seven dollars ($7.00) per thousand gallons or fraction thereof used.

(2)

Service charges.

a.

Shutoff.

1.

After written application, or for nonpayment of a debt lawfully owing to the city, water service will be turned off at the earliest time convenient to the city, and the customer will be billed a shutoff charge of fifty dollars ($50.00) in the case of non-payment.

2.

In the case of an emergency, as determined by the public works director, there shall be no charge incurred by the customer for shutoff of water service.

3.

In the case a request of shutoff or turn on outside of normal business hours, there shall be a charge of fifty dollars ($50.00). For the purposes of this subsection, normal business hours shall be Monday through Friday, 8:00 a.m. to 4:00 p.m.

b.

Turn on: After written application or verbal request, water service will be turned on at the earliest time convenient to the city. A fifty-dollar turn on charge will be assessed if there has been any prior interruption of service for nonpayment.

c.

Additional reconnection requirements: In addition to the turn on fee, any customer whose service was shut off as a result of nonpayment shall be required to pay all outstanding charges and penalties, and any deposit required by the city before service will be restored.

d.

The fees and charges set forth in this section shall be in addition to any fee or charge authorized under this article or elsewhere in the City Code.

(b)

[Outside the corporate city limits.] Water sold to water districts serving customers or other customers who reside outside the corporate limits of the city shall be in an amount fixed by written contract between the water district or customer and the city and approved by the city council.

(c)

Payment plans for emergency situations. Residential water customers may request to make partial payments on their account when their monthly water bill exceeds the average of their last six (6) water bills by at least one hundred dollars ($100.00) when such excess has been caused as a result of a plumbing leak. The maximum repayment term for the part of the monthly bill in excess of the customer's average bill shall be:

(1)

For excess greater than one hundred dollars ($100.00) but less than two hundred dollars ($200.00), the customer shall be allowed to make three (3) partial payments, in equal amounts, to satisfy that part of their account which has been unpaid and incurred as a result of a leak, provided the customer also pays all current bills by the due dates for such bills. Failure to pay current bills by the due date shall accelerate all monies due on the customer's account, and the customer shall be subject to the penalties provided by this Code and Illinois law.

(2)

For excess greater than two hundred dollars ($200.00), the customer shall be allowed to make six (6) partial payments, in equal amounts, to cure that part of his account which has been unpaid and incurred as a result of a leak, provided the customer also pays all current bills by the due dates for such bills. Failure to pay current bills by the due date shall accelerate all monies due on the customer's account, and the customer shall be subject to the penalties provided by this Code and Illinois law.

(d)

Rendition and payment of bills; liability for service.

(1)

Rates or charges for service shall be payable monthly.

(2)

The owner of rental or other property not occupied by the owner, shall be responsible for all usage and other charges incurred as authorized by this article and shall provide sufficient proof of ownership at the time of application or renewal of service. Owners of such property shall have sixty (60) days to make application for continued water service and shall pay all fees and other charges as authorized by this article at the time of making application. Failure to make application, even though there may be not outstanding charges due the city, shall be deemed sufficient grounds for interruption and/or termination of service.

(3)

All water bills are due and payable ten (10) days after being sent out. A penalty of ten dollars ($10.00) shall be added to all bills not paid by the fifteenth day of the month.

(4)

Shut off of water for delinquent payments: If the charges for such services are not paid within the ten (10) days of the due date of the bill for such services, such services shall be discontinued without notice and shall not be reinstated until all outstanding fees and other charges authorized in this article are paid in full.

(e)

Lien provisions.

(1)

Lien claim and notice: Whenever a bill for water remains unpaid for twenty (20) days after it has been rendered, the city treasurer may file with the county recorder of deeds a statement 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 authority claims a lien for this amount as well as for all charges subsequent to the period covered by the bill. If the user whose bill is unpaid is not the owner of the premises and the city treasurer has notice of this, notice shall be mailed to the owner of the premises if his address be known to the treasurer, whenever such bill remains unpaid for the period of forty-five (45) days after it has been rendered. The failure of the city treasurer 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 herein.

(2)

Foreclosure of lien: 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 city. The city attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill has remained unpaid forty-five (45) days after it has been rendered.

(Rev. Ords. 1924, Ch. 32, §§ 8, 20; Ord. of 5-19-70; Ord. No. 74-16, 2-19-74; Ord. No. 75-23, 5-6-75; Ord. No. 86-2, 2-4-86; Ord. No. 99-28, § 1, 12-7-99; Ord. No. 2000-05, § 2, 2-22-2000; Ord. No. 2004-03, § 1, 2-17-2004; Ord. No. 2005-19, § 1, 9-20-2005; Ord. No. 2005-21, § 1, 11-8-2005; Ord. No. 2007-15, § 1, 9-4-2007; Ord. No. 2009-07, § 1, 6-16-2009; Ord. No. 2010-05, § 1, 6-8-2010; Ord. No. 2014-04, § 2, 6-17-2014 )