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G43-94 CITY OF ELGIN ORDINANCE NO. G43-94 AN ORDINANCE AMENDING CHAPTER 14 . 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF SEPTEMBER, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of September, 1994 . STATE OF ILLINOIS ss . COUNTY OF KANE CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on September 14, 1994, the Corporate Authorities of such municipality passed and approved Ordinance No. G43-94, entitled An Ordinance Amending Chapter 14 . 04 of the Elgin Municipal Code, 1976 , as Amended, Entitled "Water Regulations" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G43-94 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 15, 1994, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 15, 1994 . Municipal Clerk (SEAL) emk . . rik Ordinance No. G43-94 AN ORDINANCE AMENDING CHAPTER 14 . 04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS" WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt an ordinance amending the city' s current water regulations so as to include provisions for automatic meter reading units and provisions for lead service line replacement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 14 . 04 . 005 of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending the definition of "Inside reading" to read as follows : " ' Inside reading' means the direct and actual reading of a properly functioning meter by a city employee or agent or a reading obtained electronically by an automatic meter reading (AMR) system operated by the city. " r Section 2 . That Section 14 . 04 . 070B of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "B. All meters shall be furnished by the city and shall remain the property of the city. Provided only one water meter shall be furnished by the city for any service location. Any additional meters required for internal private use at a service location shall be paid for by the customer but shall not be considered a metered location or be read or billed by the city. All meters herein required for air conditioning and air cooling systems shall be paid for by the customer and shall be subject to regulations of the water director regarding installation, inspection and maintenance to the same extent and in the same manner as meters furnished by the city. " Section 3 . That Section 14 . 04 . 070E of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "E. All meters for residential service locations shall be required to have an automatic ( meter reading (AMR) unit as directed by the water director. All other meters shall be required to have an AMR unit as site installation conditions permit to be determined by the water director. " Section 4 . That Section 14 . 04 . 070H of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "H. There shall be installed, on the inlet side of the meter, gate valves of an approved design. There shall also be installed on the outlet side of the meter a gate valve of like design. The meter shall be set in places readily accessible for removal and for reading, and set in such a manner as to prevent freezing or submersion in water. All meters shall have a working clearance on top of not less than sixteen inches and on all other sides of not less than ten inches . There shall also be installed within six feet of all meters in a location approved by the water department an operating telephone jack which is wired into the telephone system on a subject premises . " Section 5 . That Section 14 . 04 . 075 entitled "Meter Conversion" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : " 14 . 04 . 075 Meter conversion. r All water department meters shall be converted to an automatic meter reading (AMR) unit that collects meter readings electronically via telephone lines . The water director shall undertake a systematic program to convert all existing water department meters to AMR units . The AMR units shall be installed at no expense to the customer. The customer shall be required to allow the city to install the AMR unit in a location approved by the water director. " Section 6 . That Section 14 . 04 . 080A of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "A. All meters shall be repaired, maintained and replaced by the city as determined necessary by the water director. Such repair, maintenance and replacement shall be at the expense of the customer if the meter is owned by the customer, or if the repairs are made necessary, as determined by the water director, by the act, neglect, or carelessness of the customer or occupant of the property, or where meters are damaged by freezing, hot water, exposure, or improper use. " Section 7 . That Section 14 . 04 . 080D of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "D. The city shall have the right to remove, inspect, test, and replace any meter or automatic meter reading (AMR) unit when, in the opinion of the water director, there is reason to believe that the meter or the AMR unit is inaccurate. " Section 8 . That Section 14 . 04 . 090C of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "C. Whenever a new customer is added or deleted, the meter and its ancillary components may be tested or inspected for accuracy at the direction of the water director. " Section 9 . That Section 14 . 04 . 120A of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "A. No person shall in any manner obstruct the access to any stopcock, hydrant, fire hydrant, water meter, automatic meter reading connection, or other dial or valve connected with any water pipes within the city by means of any lumber, brick, building material, fuel, or any other article, thing or low hinderance; particularly the obstruction of meters that will interfere with the ready access to meters at any and all times . No person shall disconnect the meter connection with the telephone system providing for the automatic meter reading or otherwise prevent the electronic transmission of meter readings . " Section 10 . That Sections 14 . 04 . 205A, B and C of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended to read as follows : "A. To promote accurate billing, enhance the detection of leaks, and reduce waste, it is the policy of the city to require inside readings or to have those readings collected electronically of all metered properties . Estimated bills and bills based upon customer-submitted postcards, as permitted under Section 14 . 04 . 200, shall not constitute an inside reading and shall be subject to the provisions of this section. " B. Whenever the city has been unable to obtain an inside reading for three consecutive billing periods, the customer shall be sent a notice that, in the event the city is unable to obtain an inside reading for the next billing period, a surcharge shall be imposed and an automatic meter reading (AMR) unit shall be required as set forth in subsection C below. C. Whenever the city has been unable to obtain an inside reading for four consecutive billing periods, the customer shall be required to allow the city to install an automatic meter reading (AMR) unit. The AMR unit shall be installed at no expense to the customer. In addition, a surcharge is imposed whenever the city has been unable to take an inside reading for four or more consecutive billing periods . This surcharge shall be assessed each billing period, shall be in addition to the estimated bill or bills based upon a customer-submitted postcard and shall be in addition to any other actions permitted pursuant to this chapter. The surcharge imposed shall be in an amount equal to the water charges for 10, 000 cubic feet of water. The surcharge shall continued to be imposed for each billing period until a shutoff or disconnection has occurred, or an accurate inside reading has been taken and an AMR unit installed. The surcharge shall be a credit toward actual water use when an accurate inside reading is ultimately taken. Return of the surcharge in excess of actual consumption shall be conditioned upon the installation of the AMR unit. " Section 11 . That Sections 14 . 04 . 235B and D of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended to read as follows : "B. The water director may cause water service for any metered location to be shut off for nonpayment of water charges, failure to permit inside reading, failure to comply with the city' s cross-connection program, unauthorized bypassing or alteration of meter or remote reading devices or automatic meter reading units, refusal to permit access as required under Section 14 . 04 . 050, failure to comply with a conversion of a metering device to an automatic meter reading unit, or a violation of any provision of this chapter or any rule or regulation of the water director, finance director or related to the administration of this chapter. D. Water service may be disconnected and removed from the city' s water system for the following reasons : 1 . If water service is connected or turned on at any location without prior approval of the city; 2 . If a meter or an automatic meter reading (AMR) unit required under this code is bypassed or tampered with in such a manner so that readings are reduced; or 3 . If a shut off is authorized for a metered property within a multiple metered service location. " Section 12 . That Section 14 . 04 . 380 entitled "Lead Service Line Replacement" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : "A. Where lead service lines are installed and the customer requests replacement due to concern regarding lead exposure, the water department will conduct a sampling procedure to determine if the lead concentration in those lines is greater than the then current federal and state environmental protection agency action limits . B. Prior to the initial sample collection, the customer shall pay the water department a fee for the city' s labor and lab cost. Salary cost shall be based upon two hours overtime, including benefits, fek for a water laboratory assistant. Lab costs shall be those actually charged by a private laboratory. This fee shall be refunded if the first sample exceeds the then current federal and state environmental protection agency action limits and paid after both sections of the service line have been replaced. This fee is not refundable should the first sample of concentration be less than the then current federal and state environmental protection agency action limits . C. The customer must cooperate with the water department sampling protocol . A departmental employee will flush the faucet to be sampled prior to the six hour holding period. This faucet will be tagged and not used until the water department employee returns and collects the sample. D. If the sample taken exceeds the then current federal and state environmental protection agency action limits, the city will replace its portion of lead service line at no cost provided that the customer replaces his section prior to work or concurrent with the replacement of the city' s portion. Should the sample taken be less than the then current federal and state environmental protection agency action limits, the city will not provide for free replacement of its portion of the service line. E . Upon replacement of the service line by both the city and the customer, the city may at the discretion of the water director collect a second sample following the same procedure as for the first sample. The customer will not be charged for this second sample. " Section 13 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 14 . That this ordinance shall be in full force and effect ten days after its passe and publication in the manner provided by law. (4'?-2-1-7' 2 George !anDeVoorde, Mayor Presented: September 14 , 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 Attest: rft. Pfk h-"."-10 PV-c—c -vv- Dolonna Mecum, City Clerk