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HomeMy WebLinkAboutOrdinances - O-76-88 - 07/12/1976 - ESTABLISH CHARGES FOR CONNECT TO WATER MAINS AND S669286 AN ORDINANCE ESTABLISHING CHARGES FOR CONNECTION TO THE WATER MAINS AND SEWER MAINS OF THE COMBINED WATERWORKS AND SEWAGE SYSTEM OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS WHEREAS, it will become necessary to provide for the construc- tion, expansion and extension of the City's combined waterworks and sewerage system in order to meet the requirements of the new users thereof and to provide adequate capacities for both fire flow and for the treatment and disinfection of sewerage discharges all in accordance with rules and regulations of the State of Illinois Environmental Protection Agency and other regulatory agenices; and WHEREAS, pursuant to the provisions of Section 11 - Division 150-1 of the Illinois Municipal Code and all laws amendatory thereof and supplemthtary thereto the City of McHenry is authorized to assess a connection charge against new or additional users of the combined system to provide funds for the construction, expansion and extension of said system. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1. Pursuant to the authority granted in Chapter 24, paragraph 11-150-1 of the Illinois Revised Statutes, and upon authority contained in other provisions of the State Statutes, there is hereby established within the City of McHenry a charge, which shall be known as the "Water and Sewer Capital Development Fee". This charge shall be in addition to all other water and sewer connection or tap -on fees now in existence in the City of McHenry. SECTION 2. The "Water and Sewer Capital Development Fee" ' shall be assessed against new or additional users where the new or additional use is the result of future building construction which requires a building permit and which also involves or con- templates connection to the sewage collection and treatment system - or the water system of the City of McHenry. The charges shall be j payable at the time a building or connection permit is issued. SECTION 3._ The "Water and Sewer Capital Development Fee" charged hereunder -shall be as follows: A. For Single family residence: (1) For connection to the City water system only $200.00 (2) For connection to the City sewerage system only $200.00 (3) For connection to the City water and City sewerage systems $400.00 B. For each multi -family residential, commercial and industrial Cfi use a charge shall be negotiated by the City with the user or owner, based upon the volume and strength of the proposed usage. If the building plans are not susceptible to an accurate estimate of the volume and strength of the usage, the -person desiring to make the connection shall pay that portion of the fee based upon the most accurate estimate which can be made upon the plan submitted. At the time that the sewer and/or water connection is in full use, a CERT. OF PUBLICATION ATTACHED TO ORIGINAL , 669286 reevaluation of the volume and strength of the usage shall be made and an adjustement of the fee shall be applied. Such reevaluation shall be made within one year of the date at which the operation, in the opinion of the Superintendent of Public Works, shall have reached its full use. - SECTION 4. The revenue received by the City from the -"Water and Sewerage Capital Development Fee" charges shall be deposited ' into a fund which shall be known as the "Waterworks and Sewer Capital Development Fund," and shall be used in the manner provided by Law.: The monies to the credit of such fund may be invested from time to time by the Treasurer of the City as provided by Law. All accrued interest on any investments shall be credited to such fund. SECTION 5: That a copy of this Ordinance, properly -certified by the City Clerk; shall be filed in the office of the Recorder of Deeds of McHenry County, and shall be deemed notice to all owners of real estate of their liability for service supplied to any user of the service of the combined waterworks and sewerage system of said City on their properties; and it shall be the duty of -the City Clerk and such other officers of this City to take all action necessary or required by the laws of the State of Illinois there - unto enabling to -file all claims and liens for money due to the City and to prosecute and enforce such claims in_the manner,_form and time as permitted by the laws of the State -of Illinois. - SECTION 6. Any person, firm, corporation, association, agent or legal representative violating the provisions of this Ordinance shall -be subject to a penalty of not less-_ than Ten Dollars ,_,($10.00) and not more than Five Hundred Dollars ($500.00), and each day that the violation continues shall subject such person to an additional penalty of not -less than Ten -Dollars ($10.00) and not more than Five Hundred Dollars) $500.00).- A determination by a court that a viola- tion of this Ordinance -has -taken -place and the assessment of a penalty thereof shall not preclude the City from -seeking a recovery of any unpaid charges, fees or other sums due the City under this or other ordinances because of the -furnishing by -the City of its utility -services-.- SECTION 7. -- All ordinances,- resolutions - or orders -,-or parts-= _ -' thereof, -in conflict with the provisions of this Ordinance, are, to the extent of such conflict, hereby repealed. SECTION-8.---If any -section, -paragraph, clause or provision of this -Ordinance-- shall- be --held invalid, _-the invalidity- of such section, paragrapher = clause _-or _provision_ -shall -=not affect_ any- of the _other pro- visions of this-- -Ordinance:- SECTION 9. This Ordinance shall be in full force and effect upon -its passage and publication as provided by law. Passed this- -- 12th day_of - July , 1976. AYES: 5 NAYS: 3 ABSENT: 0 Approved this 12th day of Attest: July 1976 Mayor City Clerk