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:
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Donald E. Edwards, Mayor
ATTEST:
Nancy White , City Clerk.
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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
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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
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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
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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
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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
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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
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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
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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
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GUN RANGE
,~''~r ~ SANITARY SEINER
MANHOLE
CONNECTION TO CITY OF
..CANTON SEWER SYSTEIr1 . .
M.H. ~!0
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"SEWER CONNECTION" ILLINOIS RIVER
° EXHIBIT B o CORRECTIONAL CENTER
~ i3AS'CETBlALL
b-10-1
CHAPTER 10
a-iQ-1
WATER AND SEWER SYSTEM; RATES
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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