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HomeMy WebLinkAboutResolution #3084~. RESOLIITION N0. 3084 A RESOLIITION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PIIRCHASE OF WATER AND SEWER SERVICES BETWEEN THE CITY OF CANTON AND THE STATE OF ILLINOIS AND DIRECTING THE MAYOR AND CITY CLERg TO E%ECDTE AND DELIVER SAID AGREEMENT. WHEREAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to enter into an agreement with the State of Illinois for the purchase of water and sewer services hereto attached and herein incorporated as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the inter, Exhibit "A" between the is hereby approved. 2. That the Mayor directed to execute and on behalf of the City of ;overnmental agreement hereto attached as City of Canton and the State of Illinois and City Clerk are hereby authorized and deliver said intergovernmental agreement Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton and shall be retroactive to and effective as of the 25th day of August, 1989. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19th day of November, 1991. AYES: Aldermen. Molleck, Coay, Sarff, Steck, Meade, Barnett, May. NAYS: None. ABSENT: Alderman Bohler. APPROVED: ~---~ 12.c Donald E. Edwards, Mayor ATTEST: Nancy White , City Clerk. ~ ' ., INTEItGOVEItNMENTAL AGREII~NT F'O~t THE PURCHASE OP WATER AND SEWIIt SERVICE This Intergovernental Agreement for the Purchase of Water and Sewer Service (the "Intergovernmental Agreement") is entered into as of the 25th day of August, 1989, by and between the City of Canton, a body corporate and politic of the State of Illinois (the "City"), and the Illinois Department of Corrections ("Department"). WITNESSETH: WFHrREAS, the Department is desirous of obtaining a supply of water for the correctional facility it plans to operate in Felton County, Illinois, which facility shall be known as the Illinois River Correctional Center (I.R.C.C.); and WHEREAS, the City is desirous of providing a more reliable supply of water and sewer service to the I.R.C.C.; and WHIItEAS, the City is empowered by the provisions of the "Illinois Municipal Code," as amended, I11. Rev. Stat. Ch. 24 Sec. 11-117-4, et seq. (1987) to enter into agreements to provide water and sewer service, and to enter into intergovernmental agreements pursuant to the provisions of the "Intergovernmental Cooperation Act," as amended, I11. Rev. Stat. Ch., 127, Sec. 741 et seq. (1987); and WHIItEAS, the Department is empowered by the provisions of "the Illinois Purchasing Act," as amended, I11. Rev. Stat. Ch. 127, Sec. 132.1 et seq (1987) to enter into agreements to purchase utility services, such as water and sewer service, and to enter into intergovernmental agreements pursuant to the terms of the "Intergovernmental Cooperation Act," as amended, I11. Rev. Stat., Ch. 1Z7, sec. 741 et seq (1987); and WSEREAS, this Intergovernmental Agreement is in the best interest of the People of the State of Illinois and of the Citizens of the City. NOW, THEREFORE, in consideration of the foregoing representations and of the actions and representations of the parties set out in this Intergovernmental Agreement, the parties hereby covenant, agree, and mutually promise each to the other, as follows: 1. That the preambles of this Intergovernmental Agreement set out above are true and correct and are incorporated herein by reference and are hereby made an integral part of this Intergovernmental Agreement. Z. That the City shall, at its sole cost and expense, construct a Water Main (the Water Main) and connect the I.R.C.C.'s water service at a point designated in the plat attached as Exhibit A (the "Water Connection"). 3. That the City shall, at its sole cost and expense, construct a Sewer Main and connect the I.R.C.C.'s sewage service at the Sewer Connection point (the "Sewage Connection") at a point designated in the plat attached as Exhibit 8. 4. That the City, at its sole cost and exp~.nse, shall promptly perform maintenance and conduct all repairs on the Water Main and Sewer main to the Water Connection and Sewer Connection. 5. That the City shall, during the term of this agreement, provide the full requirements of the I.R.C.C. for water and sewer service. 6. That the I.R.C.C. agrees that during the term of this -2- ~•. agreement, it shall purchase fray the~~ ty its requirements for Water and Sewer Service at rates set forth in E~chibit C. The City agrees that any change in those rates shall be in accordance with the provisions of paragraphs 13, 14, and 15 of this Agreement. 7. That the City shall provide the Department with a copy of all easements of record and construction drawings related to the Water Main and the Sewer Main on the Department's property and that the City shall be responsible for securing any and all necessary consents fray the grantors of easements, if any such consents are required,,~for purposes of constructing the Water Main and Sewer Main. 8. That the City agrees to indemnify and hold the Department harmless for any claims, suits, causes of action, damages, or the like, or for the cost incurred in any adjudication or settlement of the foregoing, including, but not limited to, attorneys' fees and costs, which may arise from any ink ury to any person including, but not limited to any employee, agent ~or contractor of the City, or from any damage to property while said employee r~ agent, or contactor of the City is involved in constructing, maintaining, or repairing the Water Main and Sewer Main or is on I.R.C.C. property. 9. That the City may make future connections for other uses to the Water Main or Sewer Main to be constructed, except that no such connection shall be made if its interferes with the I.R.C.C. use of Water Main or Sewer Main and that at all times the City will be able to meet the I.R.C.C.'s water requirements and sewage requirements. 10. That I.R.C.C. shall install metering equipment on the -3- I.R.C.C. property in accordance with City specifications, including a metering house or pit, for properly measuring the quantity and quality of water delivered to the Department, and to calibrate such metering equipment. The City shall not be responsible for the metering equipment but may check the equipment from time to time. If the metering equipment is not working properly I.R.C.C. must repair or replace the equipment at their sole expense. 11. That a meter registering not more than 2~ above or below the test results shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the six months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished or sewage discharged during such period shall be deemed to be the amount of water delivered or sewage discharged in the corresponding period immediately prior to the failure, unless the City and the Department shall agree in writing upon a different amount. The metering equipment shall be read by personnel of the City on the first day of each month or the first business day if the first day is a holiday or Sunday. 12. The City agrees to indemnify and hold the Department harmless for any claims, suits, causes of action, damages, or the like, or for the cost incurred in any adjudication or settlement of the foregoing, including, but not limited to, attorneys' fees and costs, which may arise from any injury to any person, including but not limited to, any employee, agent or contractor of the City or from any damage to property while said employee, agent -4- or contractor is on the I.R.C.C. property in connection with the operation of, reading, or installation of the metering equipment. 13. That the City shall at all times during the terra of this Intergovernmental Agreement charge the Department for metered water or sewer service used by the I.R.C.C. at the "inside the corporate limits" rate established by the City pursuant to its Water Use Ordinance (the "Water Use Ordinance") or its Sewer Use Ordinance (the "Sewer Use Ordinance"). Copies of those Ordinances are attached as Exhibit D. 14. That at no time during the term of this agreement shall the I.R.C.C. be charged any special or premium rate which differs from the "inside the corporate limits" rate charged to any other caamercial, industrial or institutional customer under the Water Use ordinance or the Sewer Use ordinance. The City and Department further agrees that the City may amend the Water Use ordinance or the Sewer Use Ordinance; however, the City shall make no amendment to either Ordinance which requires an increase or decrease in charges or surcharges or the addition of charges or surcharges to any user or purchaser or class of users or purchasers without there being a proportional increase or decrease applicable to all users or purchasers. 15. That notwithstanding any provision of the Sewer Use Ordinance to the contrary, the Department's B.O.D. limit for purposes of calculating any surcharge shall be 240 milligrams per liter rather than 200 milligrams per liter as stated in the Sewer Use Ordinance. 16. That this Intergovernmental Agreement, including all attached Exhibits constitutes the entire agreement between the -5- parties, and nothing which is not contained in the foregoing is of any binding effect upon the parties. This Intergovernmental Agreement shall in all aspects be considered an intergovernmental agreement under the provisions of Ill. Rev. Stat. Ch. 127, Sec. 741 et seq (1987). 17. That, notwithstanding any provisions of the Water Use Ordinance, the Sewer Use Ordinance, or this Intergovernmental Agreement to the contrary, this Intergovernmental Agreement is expressly contingent on the continued appropriation of funds to the Department for the purpose of purchasing water services for the I.R.C.C., which funding the Department shall use its best efforts to secure. 18. That notwithstanding any provision of the Water Use Ordinance, the Sewer Use Ordinance, or this Intergovernmental Agreeent to the contrary, this Intergovernmental Agreement is expressly subject to the following: "An Act in relation to State finance," as amended, I11. Rev. Stat., Ch. 27, sec. 137 et seq. (1987); "The Illinois Purchasing Act," as amended, I11. Rev. Stat., Cch. 127, sec. 132.1 et seq. (1987); and "An Act to require prompt payment of the State of Illinois for goods or services," as amended, I11. Rev. Stat., Ch. 127, Sec. 132.401 et seq. (1987) and any provision of this Intergovernmental Agreement or of the Water Use Ordinance or the Sewer Use Ordinance which conflicts with any of the foregoing statutory provisions shall be null and void and unenforceable against the Department. 19. That any other portion of this agreement notwithstanding, this agreement shall never be interpreted as requiring the City to provide a higher quality or quantity of -6- either sewer or water service to the Department than that actually provided by the City to all other water and sewer customers. 20. That if any portion of this Intergovernmental Agreement or the application thereof to any circumstance shall be invalid or unenforceable to any extent, the remainder of this Intergovernmental Agreement and the application of said provisions to other circumstances shall not be invalidated thereby and shall be enforced to the greatest extent provided by law. 21. That all written notices be sent to the parties at the following addresses: For Canton: Mayor City of Canton 210 East Chestnut Canton, Illinois 61520 For the Department of Corrections: Director Illinois Department of Corrections 1301 Concordia Court Springfield, Illinois 62701 22. That this Intergovernmental Agreement shall be effective commencing on the date first above written. However, notwithstanding any provision herein or of any exhibit attached hereto to the contrary, the Department shall not be required to make any payment or to incur any charge under this Intergovernmental Agreement unless and until the completion of the Water Main, the Sewer Main and Water Connection and the Sewer Connection and the I.R.C.C. begins receiving its water requirements and sewage disposal through said Water Main and Sewer Main. 23. That the City hereby agrees, upon written request, to certify to the Department as true and accurate, all charges which -7- are levied against the Department in accordance with this Intergovernmental Agreement, and to provide the Department or its employees or agents, upon written request, documentation of those charges and reasonable access to the books and records of the City ref lecting those charges. 24. That the City agrees that no person shall be denied employeet in any capacity on the grounds of race, color, creed, sex or national origin; nor be discriminated against in any way by reason thereof, in connection with the contracting for, or in the performance of any work or service of any kind by, for, on behalf of, or for the benefit of this State or any department, bureau, commission, board or other political subdivision thereof. 25. That this Intergovernmental Agreement shall supplement those ordinances of the City including the Sewer Use Ordinance and the Water Use Ordinance, and shall not be read in derogation of those ordinances; except that to the extent the terms hereof are inconsistent with those ordinances, the terms hereof shall be controlling. 26. That this Intergovernmental Agreement shall be for a term of 20 years beginning on September 1, 1989 and terminating on August 31, 2009. 27. That the City shall operate and maintain its water and sewer system in an efficient manner and will take such reasonable action as may be necessary to furnish the I.R.C.C. with such quantity and quality of water and sewage service as above specified. Temporary or partial failure to deliver water or sewer service or limitation of sewer service shall be remedied with all reasonable dispatch. In the event of either an extended or -s- temporary shortage of potable water or limitation of sewer service, the supply of water or sewer services to all other customers similarly situated shall be reduced or diminished in the same ratio or proportion as the supply to the I.R.C.C. is reduced or diminished, e~tcept that if service is completely halted for a period of sixty days or greater, the I.R.C.C. may make permanent arrangements for purchase of its requirements from alternative sources. During any temporary or partial failure to deliver water or sewer services for a period of less than sixty (60) days, the I.R.C.C. shall have the right to make purchases of water and sewer services from other sauces as are necessary to meet its needs. 28. Any other portion of this agreement notwithstanding, the City shall never be liable to the Department, or, to any other entity claiming damages by or through the Department, by reason of damages claimed to have been occasioned by the reduction, interruption, or cessation of water or sewer services to I.R.C.C. by causes or circumstances outside of the control of the City or by causes or circumstances not reasonably to have been forseen and anticipated by the City. City of Canton By: ~~ K Donald E. Edwards, Mayor Attest: Na Whit s, City Clerk. Illinois Departent of Corrections Mic ael P. ne, D ector -9- f , 17 ~ W I , I A-2 srn. /53 f , ter:. ~ ; STR. /35 sue. %59 ~ I E 120E STR. STR. /34 W18 X13 S52 STR. X57 STR. X33 r - - - - - - - --~ STR. /56 STR. G12 ~ ~2 ' I M.H. x/15 ~' FH}11 ~ f , 0 ( I W19 I 1 e f , STR. S ' I H ~5 ~5- STR. e ~ ~ ~4 , 1 1 e I i ~ i ' I STR. ( STR. ~ I X31 -3 -- -- ~ , iiW ~ o f j - 30 STR. ~ I \ M.H. `~~ /43 i 1 1 ~!1 s ~ ~,, ~ E 160C ,~ srn.~ . W31 X551 W ,~~ ~' STR. STR. STR. f \~ .._._._~ ~ STR. X44 STR. ~p54 1 ~i i wza ~ w~~ Mgt ~ srn. /1 - - - -~-~ CONNECTION TO qTY OF ~ ~ c CANTON .WATER SYSTEM ~ O x0 ~ 5~ °o %b ~ i ~ x ~ ~ I , r N f , O ' ~ E 200( __ _ _j__. N "WATER CONNECTION" N ILLINOIS RIVER N Cn o EXHIBIT A o CORRECTIONAL CENTER srn. !~ ~ ~~ ,~`~_ W40N >i I ~ s - sTR. .. /83R ~ >: ~~ i~ ~~ ~~ ~~ ~~ i~ ,~~ \ BASEBALL sTR 8A B \ \ \ iD1>N M~~.2 . STR. /60A STR. ~~ A J O `~ ` ~ ~ 0 ~-3 Ste. x Wzs ~, STS. •~ X86 M.H. N ~ O ..................... .... _ _ _. STR. ~"'~. X77 ~ STR. ~._~_. C ~ W24 - - - - ---- STR. I ~90' W27 #88 ~ ~ STR. STR. STR. M87 ~t89 ~l91 GUN RANGE ,~''~r ~ SANITARY SEINER MANHOLE CONNECTION TO CITY OF ..CANTON SEWER SYSTEIr1 . . M.H. ~!0 ~~~~~~~~~~~~~~~~~N~~ ~~~~~~~N~~~~N~~~~~~~I~~~ "SEWER CONNECTION" ILLINOIS RIVER ° EXHIBIT B o CORRECTIONAL CENTER ~ i3AS'CETBlALL b-10-1 CHAPTER 10 a-iQ-1 WATER AND SEWER SYSTEM; RATES - .. ~,` ~ O~ l ., P ~.• G ~ ~F~~ ~~~ , ; , SECTION: 8-10- 1: Meters Requ fed 8-10- 2: Msnner of Setting Mets~ Stop 8oxa 8-10- 3: Sewer and Water Tape 8-10- 4: Meter Irobllatian Charge 8-10- 5: Wster and Sewer Rstis 8-10- 6: Payma~t of Bills 8-10- 7: Oepoeit Required 8-10- 8: Dixontinusnce of Service 8-10- 9: Cashier to File Lien 8-10-10: Cashier m Render Bilb 8-10-11: Funds Kept Separste 8-14-12: Waterworks and Sewerage Fund 8-10-13: Duty of City Treau ntr 8-10-14: County Recorder of Deeds 8--1 ~ 15: Building Pennib Required 8-10-16: Bu iiders Using Wassr 8-14-1 T: aaese to Premises far Iropection 8•-10-1& Appl'~catio% Haw Made 8-10-16: Supply Pips 8-10-20: Failure of Mebr 8-10-21: Building Offkial m Reptir &-10-22: Putting Down. Repairirq Pies 8-10-23: Wsw Us Pemsit ~ 14-2t: Tap Wsbr Mains &-10-25: Fluoride in Water Supply 8-10-26: Penalty 8-14-1: METERS REDUIRED: Any person using wetrr furnished by the City or making any connection with any Benin water supply Pipe of the This Chapter previously supplemented 2T6~7si;108081;182 12~ "SEWER CONNECTION" EXHIBIT C 8-1 Q-1 8-10--3 City shall connect their service pipes with s meter of standard approved pattern so that all water consumed shall be passed through such meter and be sccuntely measured and the amount definitely ascerbined 8-10-2: MANNER OF SETTING METERS, STOP 6OXES: All meters now in use and connected and all meters hereafter to be placed in connection with the City Waterworks System shall be set under the direction of tht Building Official in some convenient place in the cellar, or (if then is no cellarl on the first floor of the building served to be approved by the Building Off'KiaL In tapping City water mains, a stop box or cut-off shall in every case be set on the service pipe, the top of which shall bs flush with the surface of the ground, end at the outer edge of the street sidewalk in front of the premises being served Any person removing, destroying or covering over any such stop boat shall bt subject to a penalty of not less than twenty five dollars (525001 nor more than five hundred dollars (5500.00) for each offense, and the cost of restoration of the same. >~t0-3: SEWER AND WATER TAPS: In every csa when any person desires to make any connection with any water or sewer main of the City, such connection shall be made in the following manner. (A) Water Taps; Tap Fees and Installation Procsdun for Water Service: The property owner shall first make written appl'~estion to the City far Lppage and installation on tomes presided by the City. Thereafter, the property owner desiring such connection shall cause all excavation and preparation for tM same to be made at his sole expense and in accordance with applipble codes. The City will make the actual tap and install the corporation stop in accordance with the following fee schedule and charge the same to the owner. The owner shall supply all copper tubing for tM service connection. The owner, shall, at hb sole experae, cause elf copper pipe. the sorb stop and box, and romaining Pipe to the building to be installed st hie sole expense and in sxordana with applicable City Codes. If tappage involves excavation in s road right of way. such excavation shall be bsckfilled with granular fill and to the City's stafaction. If s boning 's necessary to cross paved meets, such boning shall be done at the owner's expense and to the City's satisfaction. The City wi!' install the water meter as soon >t construction permits. No water shall De used until the water meter 's installed by the City, except as her+einaftsr provided. If any water is to bt used prior to the installation of the water meter, charges therefor shall be in accordance with Section 8-10-1 t3 of this Chapter, Such fee shall be for a ninety (901 day period and, in all cases, shalt be paid in advance of each such ninety (901 day period In cases whsro the building site is already served by a water tap the tap fee shall be adjusted in accordance with the following fee schedule. In no case shall tM work and installation of tins, 1282 "SEWER CONNECTION" EXHIBIT C a-~o-3 a-~o-a A) tappage and other associeUd acavstion be backfilled prior to die Citys inspection of and approve) of such work and tappage. WATER TAP FEE SCHEDULE ' Pipe Size: 5I8" 1" 1 t/2" 7' 3" 4" 8" Corporation Stop • • • • • • • are stop . Cure Step Booc • Water Meter • • • • Watsr Meter Sax • • • • • City Labor t50 i80 S80 5100 6150 sz00 6300 Inspection Fee S20 s20 S20 Z 30 = ~ _ ~0 = 50 'Actual coat of item pkts 20% (t31 Sewer Tom; Tap Fees and Installation Prowdure for Sewer Savior. Tap fees shall be charged each Property owner desiring sewer sen+ia in accordance with the following schedule. All lea shall be paid in advance. SEWER TAP FEE SCHEDULE 6" Sewer Tap 2150.00 8" Sewer Tap t20Q00 10" Sewer Tap S30Q00 12" Sewer Tap 6500.00 The foregoing tap fees an for area when sewers wen installed prior to separate protxtive covenants applied to subdivaions and developments The property ovmer shall first make writbn application to the City for tappspe and installation on fomn provided by tM Clty. Thereafter. tM property owner desiring such connection shall cause sli excavation and preparation for the same m be made at his sole expense and in accordance with applicable codes. The property owner shall cause his plumber to make the actual tsp. at the owners sole expense, and to the sat»fxtion of the City Engineer. In making the tap, it a wye cannot be locayed at the point of the tap. then s saddle must be used The sadde must first be apprared by the City Engineer and tfien installed to his satisfaction. The owner shall. at ha sde experae. cause all excavation and bxkfill to be done. If the tap is made in road right of way, such excavation shall be backfilled with a granular material and to the City': satisfaction. tf a burring is necessary to cross paved streets. such burring, backfili and patching of pavement shall be done at the owners sole expense and to the City's satisfaction. In no cane shall the work and lZBZ "SEWER CONNECTION" EXHIBIT C 8--14-3 M-11--0 B) installation of lines, bppage and otMr ssaociatad excwvation be backfilled prior to the City's inspection and approval of such work and tappage. The City will assist in locating existing City owned sewers provided, however, that the property owner equating tappage and sewer service shall bt solely responsible :for the cat of such work and the physical completion of such work. a~-10-4: METER INSTALLATION CHARGE: The cat of all mews installed for the first time shall be paid by the consumer in advance, who shalt also pay the cost of installing the same. The cost of replacing all meters, which in the opinionofthe proper officers of the City need replacement, shell be paid for by the City from funds of the Waiter and Sewer Departments, and the City shall pay for tbie coat of installing the same; provided, however, that if any meter is in need of replacement due to damage done the mew being replaced through the fault or negligence of the consumer, the cast of replacement shall be paid by the consumer. All meter before being set in must be tested and approved by the Building Official. No meter shall be removed fa any purpose from anY ~pPh- Pipe bf- ~Y pK~ vrhatsoever, without obtaining a written permit from the Building Official. When any meter is removed by such consent, it must be replaced within ten (101 days, and before being replaced it must be tested by the Building Official. 8-10-5: WATER AND SEWER RATES: IAI Definitions: Unles the context specifically indicates otherwise, the rneanin¢ of vans used in this Chapw shall be ss fellows: BIOCHEMICAL The quantity of oxygen utilised in the biocMmipl OXYGEN DEMAND oxidation of organic mates undo standard laboratory 16001 praedura in five (51 day: at twenty dpnea (ZO 1 Centigrade, expressed in milligrams per lies. SUPERINTENDENT The Superincandent of Wsstewew Facilities and/or Wastewater Treatment Works of the City, or his authorized deputy, agent or representative. SUSPENDED Total suspended matter that either flats on the SOLIDS surface of, or is in suspension in water, wastewater or other liquids and that a romarable by laboratory filtering as prescribed in "Standard Methods for the ~~~ "SEWER CONNECTION" EXHIBIT C 8-10-5 A-10-6 A) Suspended Examination of Wester and Wastewater' and referred Solids (coot) to as nanfilterable residue. (B) Water Rates: There shall be and there an hereby established rates or charges for the use of and for sepia supplied by the Waterworks System of the City based on the amount of water used, as shown by the water meter, as follow:: (C) Water Rate ScMdule: The minimum monthly charge for water services shall be two dollars and fifty ants 152.501. In addition to such minimum charge, the following rates shall be charged for water actually used: Amount Used Price Per 100 ou. ft For each 100 ou. ft. or portion thereof 10.820 All water user outside the City limit shall pay.. two hundred percent (200%) of the foregoing rates, except as otherwise provided by the City Council. (0) Sewer Rates: Thera shall be and there are hereby established rates or charges for use of the sewer system of the City and for treatment of sewage by the City, based upon the amount of water used es shown by the water meters ss follows: lE) Service Charge: Each sewer user shall pay a service charge in the amount of two dollar (52.00) per month. (F) Vdume Charge: In addition to tM servip charge, each sewer user shall pay a volume charge of sixty seven and five tenths cent 150.6751 per one hundred cubic teett, or portion thereof, based on volume of water used es ~hayrn by water meter. In the event of sewer users who do not purchase water horn the City, the sewer volume charge shall be bessd on metered vMatier use. metered sewer use or an estimate of water used as determined by the Superintendent lG) Extra Strength Surcharge: Services charges and vdume charges as specified in wbeactiora (E) and (F) above shall be considered to be payment for collection and vestment of ~1 sewage of strengths up to concentrations of two hundred (200) milligrams per liter 800 and two hundred forty (2,01 milligrams per liter suspended sdids. An additional extra strength surcharge shall be charged in the event that a user discharges wastes of strengths in excess of two hundred (200) milligrams per liter BOD and two hundred forty (2401 milligrams per liter suspended solids. The City will determine annually, cats per pound for treatment of excess concentrations of B00 and wspended sdids for the purposes of assesing extra strength wrcharges to those user who may be discharging such wastes. The unit costs, for this purpose, will be computed on the following basis: " "SEWER CONNECTION" 1282 EXHIBIT C 8-ta-5 b-ta-5 G) 1. The total anwal cat of collection and treatment shall be debrrnined from information contained in the official audit prepared for the last preceding fiscsl year. In detemnining the amount of audited expenses allocable to the operation of the Sewer Department, the followirq items will be considered: (s- One•half IK) the total expense of the combined waterworks and sewerage system for scxounting snd collection cats. Ib- Or-e-half ('r41 the total experae of the canbined waterworks and sewerage system for general and administrative cab. Ici Total audited value for sewer expense, includirq all operation and maintenance expense for tM sewerage system and for sewage treatment, Idl Sixty two penent (62%1 of the past years princip~ and interest cost on 1963 waterworks and sewerage revenue bonds so long ss said bonds an outstanding. - le- Principal and interest cat on 1973 general obligation sewer bonds for the past year so long ss said bonds are outstanding, plus principal and interest cab of any additional general obligation bonds add by the City to preside the local sham of 197475 sewer and sewage treatment facilities. In addition to the items listed above obtained from tM official audit, sn item of depreciation shall be included. This item shall be determinsd st twenty percent (20911 of a total annual depreciation amount less approved by Region V, United States Environmental Protection Agencyl for the various items included in 197475 improvements to the sewage treatment fscilitiee. 2 The annual average daily dry weather flow. B00 and suspended solids for untraated wastes raaived st tM treatment plsnb, computed from treatment rocor~ by omitting values far days in which rainfall contributed to flow. Values for B00 and for suspended solids shall be computed on the basis of the toot number of pounds received at tM treatment plants. 3~ From data obtained in paragraph: 1 and ?shove, the total smual cat per pound of B00 treated and per pound of suspended sdids treated shalt be computed In making these cak;ulatiora, the total annual cat-obtained >s outlined in paragraph 1 shall be apportioned ss follows: "SEWER CONNECTION" 1282 EXHIBIT C ~-ta-6 d--14~-e G,31 Forty percent t40%1 of tots) asigned to vdume Thirty percent (30%1 of total assigrNd to 800. Thirty percent (30%1 of total assigned to suspended solids 4. In calculating extra strength surcharges applicable to any particular user, data shall be obtained pertaining to the volume of waste discharged and to the 60D and wspended solids applicable tD such wastes. Cwt shall be given for 80D up to two hundred (2001 milligrams per liter and for suspended sdidt up to two hundred forty (2401 milligrams per liter baring included under the service charge and volume charge. For strengths in excel: of two hundred (200) milligrams Per liter 800 and two hundred forty (2401 milligrams per liter suspended sdids„ charges per pound shall be made in accordance with the rewlt of calculations as outlined in paragraph 3 for the billing period Extra strength surcharges determined for the preceding you shall be applied until s new determination is made of the unit costs for 800 and suspended solids and of vdume and strength of wastes discharged by a user. In the event that a change in xwsge volume or strength a considered tb have taken place, the City will have the right to obtain updated information on vdume and strengths of a users discharge and to make adjustment in the number of pounds applicable for surclwrge. Should a user desire to have extra strength surcharges adjusted, arrangement may bs worked out with tM Superintendent for addtional sampling analyses and surcharge computatiora, with the user paying for the cat of such additional measurement, analysis and calculations as determined by the Superintendent, For any particular user, the Superintndent may determine that extra strength surcharges will rat be assessed if he deumninee that the cat of measurement, analyses and calculation wilt be in excess of the amount Chet would bs received by the City as income from extra strengd- surcharges. IH) Outside City Limit: Charges for sewer service outside the City limits shall be two hundred percent (200%) of the rates inside City limit. 111 Annual Review: Following each annual audit of the fiscal year ending April 3Q, the City will review (on the bass of the past years audit and volumes end strengths of wastes treatedl the sewer rates including service charges, volume charges and extra strength wrcharge. Revisions will be made, if appropriaa, to take effect as soon as practicable. IOrd 923, 3-17-821 8-tQ-g: PAYMENT OF BILLS: Said rates or charges for the service shall be billable bi-monthly and payable by the tenth day of the month 1282 "SEWER CONNECTION" EXHIBIT C 8-10-d b-10-Q following the month of billing, Subject to Section 8-10-14 of this Chapter, the owner of the premises, the occupant thereof or the user of the service shall bt liable to pay for the service to such premises and the service furnished to the premises by the City upon the condition that the owner of the premise; occupant of the premises a user of the service is liable therefor to the City. All bills for service may be paid at any Canton bank. All bills for service shall be mailed bi-monthly no late- than the last day of the billing month and shall be payable not terser than the close of busine~ an the tenth day thereafter fdlovving. If payment of the full amount of the bill is made after said tenth day, a penalty of ten percent 110%1 of the amount of the bill shall be added tD the outstanding balance. An additional cMrge of five dollars (5500) shall be charged to accounts paid by check, draft or other negotiable instrument when such check. draft or other negotiade instrument is roturrNd and not honored for payment. (Ord 928. ~ 1&821 8-10-7: DEPOSIT REQUIRED: No voter shall be burned on for use an or in arty premises until an application therefor in writing has been made for that purpose and filed with the cashier of the City Water Department, stating the purpose for which the water is to be used If the applicant is not the owner in fee simple of the recorded title to the property where the applicant desires the water to be fumed on, he shall deposit with his application the sum of fifty ddlsrs (550.001 before any wate- is fumed on. Such deposit :hall be held by the City ere security for the payment of water used by the applicant and may be so applied when any default is made in payment of a water bill Any persons who shall occupy business property as a tenant and shall consume water furnished by the City, shall, before entering said property, make a deposit of one hundred ddlsR IStOQOD) with the cashier of the City Water Department This depait shall be kept in a separate fund and shell be returned to said person when said premises ar+e vacated by said person, provided then h no money due tM City for water, in which case the amount owing the City shell first be deducted and the balance remaining resumed so the person making said depait 8-10-8: DISCONTINUANCE OF SERVICE: If the rata or charges fa such services are not paid by the twenty fiRh day of tM month following the month of trtailing of the bill for such services` such service shall be immediately discontinued without further notice and shall not be reinstated until ail pat due bills, includirg the penaltia thereon, an paid in full If the rates a charges far such services an not paid by the twenty fifth day of the month after the mailing of the bill, there shall be an additional charge of tweniy dollars (520,00) for disconnectirq said service, regardless of whether or not the City is physically able to disconnect such service. 1282 "SEWER CONNECTION" EXHIBIT C A-14-0 b-10-13 8-1a-0: CASHIER TO FILE LIEN: If uty bill, includinE penattir and interest tMnwn, is not paid in full within tourtren 1141 days following the twenty fifth day after the month of mailing of the bilt, 1M caehier shall cause a notice of lien to bs filed with tM Recorder of Deeds of Fulton County, Illinois and sgeinst tM premises which received such service, all as provided by Illinois law: The notice of lien shall be filed no ~tK than the end of tM month bllovNng the twenty fifth day sfbr the Isst day of >M billing month. Such lien shall not bs removed until all pact du• bills, penaltip and intareet ther+aor,, and all xtual costa of tiling and removing such lien claim are Rrst paid in advance. 8-10-10: CASHIER TO RENDER BILLS: It is hereby rnsda thes duty of tM cashier of the City, or qualified personnel appointed by the Mayor and Council, to render hilts for service and for all rata and charges in connection therewith and to collect all moneys due thereorti 8-14-1 t: FUNDS KEPT SEPARATE: All revenues and moneys derived from the operation of the combined waterworks and sewerage sysbm shill be held by the Clerk or qualified personnel appointed by the Mayor and Council, to render bills for service and for all rata and charges in connection therewith and to collect all moneys due thsreon, separate and apart from his privsb fiutds and separate and sport from all other fiords of the City and all of said sum, without any deducting whatever, shall be delivered m tM City Treasurer not more than tan (141 day: after receipt of the :erne, or st such more frequent intervab ae may from time to time bs directed by tfq Mayor and Council. 8-10-12: WATERWORKS ANO SEWERAGE FUND: The City Trraeurer shalt receive all such rwerwee iron tM combined waterworks and sawerage system and ail other 1Lnds and moneys incident to the operation of such :yearn at the same may be delivered m him and depait 1M same in a separab fund designated ss the Waterworks and Sewerage Fund of the City and said Treasurer shall administer such Fund in :very respect is tM manner provided by 1M provisions of the Illinois Municipal Cads, eihctive July 1, 1861, and all Isws amendatory thereof and supplementary thereto, and ss provided in the ordinance adopted on October 15,, 1963, and suthori=irp the issuance of ores million eight hundred twenty five thousand ddlsrs 161,826,000:001 waterworks and :coverages revenus bonds„ aeries of 1963 of the City. 8-1x-13: DUTY OF CITY TREASURER: Ths City Treasurer shall establish a proper system of accounts and shall keep proper books. records and accounts in which completes and correct entries shall be made of ail transactions relative to the combined waterworks and sewerage system, and at regular annual 1282 "SEWER CONNECTION" EXHIBIT C intervals M shah cause to be made sn audit by sn independent audidrq concern of the books to show the receipts and disbursemenb o< tM combined waterworks and sewerage system. 8-1x-14: COUNTY RECORDER OF DEEDS: A copy of this Chapter, properly certified by d» City Clerk shall be filed in the office of the Recorder of Deeds of Fulton County, Illinois, and shell be deemed notice tD all owners of real estate of their liability fa sepia supplied to spy user of the service of the combined waterworks and sewerage system of the City on their properties 8-1x-15: 6UIlDING PERMITS REQUIRED: No sewer or waw service from the City shalt be ~ctended t0. for or on behalf of any person a facility within the corporate limib of the City unless~and until a building permit hse first been procured therefor ore required by the applicable provisions of this Code therefor providirp, No sewer or water service from the City shall be extended tq for or on behalf of any person or facility outside the corporate limib of the City untes and until a building permit has first been procured therefore ~ required by the applicable provisions of this Code therefore praid'mg in likt instances within the corporate limib of the City. 8-14-18: BUILDERS USING WATER: Whenever builder` brick mseorr, plasterer or contractor use tM wsUr of the City in and about their work, the same shell be metered and be darged fa at 1M regular rate. During tht winter, whenever builders, brick masons. plasterers or contractor use tht wabr of the City, they shall pay twenty five dollar IS25.00- for residu~tW construction and one hundred dollars (t100.00- for commercial conetructitxt. 8-1x-17: ACCESS TO PREMISES FOR INSPECTION. All officer and employees corn+eetrd with the City webrworks„ the Building Official or any person by him authorized. and the Public World, Water and Sewer Committee, or any member thereof, sfaQ ~isve free aoeeee st ail reasonable hours to the premises when water is used to make necesary sxaminadora and inspections. 8-14-18: APPLICATIONS. HOW MADE: Applications for water or sewer connection: must be made in writirq to the Water and Sewer Department upon farms presided by the City. All applications shall contain the tegN description and common address of the property to which service is requested to be "SEWER CONNECTION" 12@2 EXHIBIT C >~-10-ta 8-10-21 made and shall be signed by the owner of such property, or, by the owner's authorized agent, with satisfxtory proof of such agency required. In such application, the owner of the real property, or, his wthorized agent, must agree to be governed by tM provisions of this Code in force at the time of the applkstion, and as the same may thereafter be amended. The making of such written application shall be prima facie proof of the owner's agreement to be so governed and slu~l be conclusive proof of such agreement in a court of law. 8--10-19: SUPPLY PIPES: Hydrants, plugs, stop boxes, service pipes. stop cocks and all attachments and fixtures connected therewith shall be kept in good repair and condition by the owner or occupant of the premises upon which they are situated, at their own expense. And it is expressly provided that no claim shall be made or allowed against the City a any of its officers or employees on a o said water apparatus, or on account of the stoppage o thew I n of accident to the plumbing machinery or mains, or for the necessary alteration of the same. a ui mg ~cial II have free access at all times upon the premises of the consumer for the purposes of reading the meter, or he or they may remove a meter at any time for repair or for testing its accurxy, and when any meter shall be found to be incorrect in measurement and unfit for further use, such meter shall be replaced at once by one that is approved by the Building Official at the expense of the owner thereof. Whenever s leak develops in the water system on the property of any person, the Building Official shall immediately give notice in writing of the leak to the person owning the property or the person occupying the same. Then unless the said owner or oaupant repair slid leak within twenty four (24) hour after receiving said notice, the City shall have the right to tum off said water if such can be done. In the event the water cannot be fumed off and said leak s not repaired within twenty tour 124) hours after receiving aid notice, tM City shall haw the right to go upon the property and make aid repairs and to charge the cost of the same to the owns of said property, which aid cost shall be added to the water bill of aid owner and shall be collectable in the same manner as the bill for water consumption. 13-10-20: FAILURE OF METER: li a meter at any time fails to register the quantity of water conwmed, the quantity shall be determined and charge made, as the Building Official shall determine, a the Public Works, Water and Sewer Committee may direct. No deductions shall be made from the bills on account of leakage. 8-10-21: BUILDING OFFICIAL TO REPAIR: All meters now in use and connected, and all those hereafter to be placed in connection with the City waterworks system, are hereby declared to be fixtures, and shall be set and kept in good repair at the expense of the consumer and any meter found in need of repair shall be removed by the meter reader and repaired by him at the cost of the consumer for actual cost of repairs and labor. Whenever it becomes necessary to repair the service pipe between the City main and any meter on account of leakage, 128 "SEWER CONNECTION" EXHIBIT C 8-10-~ 1 8-10-24 or for other cause, such repair shall be done under the supervision of the Building Official who shall be notified of the same, and such pipe shall be replaced with lead, braes or copper Pipes only, in accordance with the provisions of this Code which cost shall be borne by the conwmer. ~-10-22: PUTTING DOWN, REPAIRING PIPES: In putting down and repairing pipes, the streets or alleys shall be optn in the manner which will occasion the least inconvenience to the public and admit of the uninterrupted passage of water along the gutter of the street. No excavation in the street or other public place shall be left open aemight, except by permission of the Superintendent of Streets, snd every precaution shall be taken to inwro public safety. The street and pavement shall be restored to >s good condition as it was in previous to making the excavation, and ail dirt and rubbish shall be immediately removed after completion of the work, under the direction and approval of the Superintendent of Streets 8-10-23: WATER USE PERMIT: Any person who shall use water from any hydrant, stop cock or other fixture, without first having obtained a permit from the Building Official; or any person or persons having discontinued or been shut off from the use of water from the City waterworks system who shall again commence the use of wch water without again having obtained a permit for so doing, or any person who shall tum on the wpply of City without permission of the Building Official, or any person who shall use water from the City waterworks system without consent of the proper authorities, shall be subject too penalty of not less than twenty five dollars (525.00) nor more than five hundrsd dollars (5500.00) for each and every offense. (Ord. 923, 317.821 8-10-24: TAP WATER MAINS: (A) City Shall Tap Water Mains Before Streets atro Paved: In all paving districts, special service seas or .special assessment districts required t4 be paved, or, in any other paved street arcs in the corporate limits, the City shall, as soon as practicable, tap said water mains in front of each building or lot with a five-eigfiths inch (5/8") tap, snd from such tap Isy a connection with a throe-quarter inch (94~) tubing or pipe made of any of: Type K copper, or, PVC plastic, Schedule 40, with tracer wins, all in scconiance with the City Plumbing Code, towards wch building or lot within the curb line at which place there will be placsd a stop box. The said pipe shall be laid as near as practicable of the same depth as the water main which it connects but shall not be laid kss than four feet 14') in depth. All the dirt taken from the ditches made to make such taps, and lay such pipes shall be tamped back to fit condition for paving, and shall be done as expeditiously as possible and so as to proceed in advance of the paving contractor. Either Type K copper or PVC plastic, Schedule 40, with tracer wire, all in accordance with the City Plumbing Code shall be laid from the curb stop bc~x to the meter in the building served. I Oro. ~ 009, a-3-8a) 684 "SEWER CONNECTION" EXHIBIT C b-10-24 •-~a26 (el Owners Noy Have Extra Taps Put In: The owners of buildups a Ids frontirp upon any street required to be paved. where wster maim an laid. msy haw extra taps put in and extra large Pipe used by first payirp 1M extra expense causal by such pars tape and pipe. which cat shNl be computed by the Building Ofticisl or meter reader. (CI Cat of Tapping, Permit: The owners of buildings or lots frontirp upon any street where taps are required to be msde before palling such street as provided above, shall pay the sctiual cat of the same, with an percent (10961 annual interest sdded until such connection ie msde, which said sum shsll be paid to tM csshier of the Waar Department before a permit shall be issued to connect and use wear from said taps, and when said sum s paid the cashier of the Waar Oepsrtrnent shall issue a permit upon such person complying with the provision: of this Coda 101 Building Official Shall Keep Record of Taps: It shall be the duty of tM Building Official to keep a correct record of ail taps made pursuant to the provisions of subsections (A) and IBI of this Section in a book to be provided for that purpose, showing the location of tM tap, description of the property for building the date of makirp said tap, and it shall be his duty, before issuing permits to penora to connect with such tape to ascertain the amount due and cdlect the ssme as herein -required. (E1 Work Shall be Done Under the Supervaion of the Buildup Officisl: All tape and connections shall be put in under the direction and supervision of the Building Official, who shall see thst the work is properly done snd that all maarisl is of suitable quality for which the same is used. IFI Separaa Tap for Each Corrumer: Every person shell have and maintaun a separaa and independent tap or connection with the City wsar main for each building or premiss for which watsr is famished, and no person shell hereafar be permitted to connect hie service pipe with tM service pipe of any other consumer, snd no such tape or connestiora heretofore msde shall be repaired or exanded, but whenever the same shell become in need of repairs, or any pcansion shall be made, such service pipe shall be comectrd directly with the Gty main, in accordance with the provisions of tha subsection. 8-10-25: F~UORIOE IN WATER SUPPLY: Upon receiving the approvsl of the State Department of Public Health, and until further direction of the Council, the Water Oepartrnent of the City is hereby authorized and directed to provide the means and to proceed with the addition of approximately one and not more than one and two-tenths (1.21 pare of fluoride to every million parts of wear distributed in the water supply system of the City. 1282 "SEWER CONNECTION" EXHIBIT C 8- f0-Za ~--14-~ 8- f 0-28: PENALTY: My person who shell violate any of tM provaiorr or nquinmenb oR this Chapter, a shall tail, npiect a refuse to comply therewith, shall have tM wets` fumed off Thom his premises` and shell, where no penalty is expressly provided, be subject m s fine of not less than twenty five dollar= (i25-001 na more than five hundred dollars (ib00~001 for each offerae. lord 923, 3- f 7-821 f ?82 "SEWER CONNECTION" EXHIBIT C ORDINANCE N0. 1254 Aid QiDIN~iNCB ~1L~IDII~iG TITLE 8 , C~PTFR 10 ~ THE CAI~TI~i l~tICIPAL COE~B REIAl'ING Ta 1U-THt RATPS NHF.tiFJ1S, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to amend Title 8, Chapter 10, Section 5 of the Canton Municipal Code as hereinafter set forth. N01~T, 1T~RBFQiS, BE IT CRiDiilII~lED HY THB CITY CD~CII. ~ TBE Cz'PY ~ CAIYPON, Felton County, Illinois, as follows: 1. That the Canton City Council finds the foregoing recitals to be fact. 2. That Title 8, Chapter 10, Section 5 of the Canton Municipal Code is hereby amended adding thereto subparagraph (J) to read as follows: "(J) In addition to the foregoing charges, the water rates shall be amended from time to time by city staff with prior Council approval, to reflect the actual cost, including administrative expenses, of special electrical costs or expenses incurred by the city in the operation and maintenance of the City water well(s) at not to exceed 20 cents per 100 cubic feet of water per well when in operation. Such actual costs shall be spread evenly and billed to city water customers in the same manner as the foregoing charges are spread and billed. Such special or extraordinary costs or expenses shall be reduced or removed as the actual cost or expense to the city is immediately reduced or removed." 3. That this ordinance shall be in full force and effect inmecliately upon its passage by the City Council of the City of Canton. PASS® by the City Council of the City of Canton, rulton County, Illinois at a regular meeting this 15th day of August , 1989 upon a roll call vote as follows: "SEWER CONNECTION" EXHIBIT C AYES: Alderman Chapman, May, Meade, Sarff, Steck, 7_illy, Kovachevich. NAYS: None. ABSENT: Alderman Bohlen. APPROiV®: Donald E. Edwards, Mayor AT1'ES~: 1 ~ ' `~ I , ~~~ Nancy Whit ,City Clerk "SEWER CONNECTION" EXHIBIT C ORDZ~'i ~. ~ Zan AN ORDINANCE AMENDING TITLE 8, CHAPTER 10, SECTION 5 OF THE CANTON MUNICIPAL CODS RELATING TO TH8 WATER RATE SCHEDULE WHEREAS, the Lake, Buildings and Grounds Committee has determined that it is necessary and in tha best interest of the City of Canton to amend Title 8, Chapter Z0, Section 5 of the Canton Municipal Code to raise water rates from 82C per 100 cu. ft. of water to 97~ per 100 cu. ft. of water; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, H8 IT ORDAINED BY THB CITY COUNCIL OP THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. That Titls 8, Chapter 10, Section 5(C) of the Canton Municipal Code is hereby revised to read as follows: "(C) Water Rate Schedule: The minimum monthly charge for water services shall be two dollars and fifty cents (52.50). Zn addition to such minimum charge, the following rates shall be charged for water actually used: Amount Osed For each 100 cu. ft. or portion thereof Price Per 100 cu. ft. ~p.970 All water uscrs outside the City limits shall pay two hundzed percent (2008) of the foregoing rates, ezcept as otherwise provided by the City Council.' 2. That the Water Rate Schedule change shall take effect with the next billing cycle following the passage of this Ordinance for water actually consumed subsequent to the passage of this Ordinance. 3. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. "SEWER CONNECTION" EXHIBIT C . ~ , I P~-SSED by the City Council of the City of Canton, lulton County, Illinois at a regular seating this 2nd day of N 1989 upon a roll call vote as follors: AYESs Aldermen Kovachevich, Zilly, Stack, Sarii, 1leade, Bohler, • Ilaq, Chapman. N~iYS s None . ~HSENTs None. ~1PPROYED: Dona E. rar s, Mayor. ATTESTS 1 1 Nanc tes, C ty C er ~ Publication instructions (~10o not publish O Publish m pnaiphlet brm only O Pub~sh in a ~nl urculdion 3~~ ~, ~, ~ "SEWER CONNECTION" EXHIBIT C