Chapter 7 - Water and Sewer
Division 17 - Water Outside the Corporate Limits

[ Previous ] [ Code ] [ Up ] [ Next ]

SEC. 7.17-1 FURNISHING WATER OUTSIDE THE TOWN. It shall be the policy of the Town of Normal to furnish water outside the corporate limits through its distribution system extended provided the additional water use does not exceed the capacity of the existing water system and the City Council determines such service is in the best interests of the Citizens of Normal.

SEC. 7.17-2 REQUIREMENTS FOR SERVICE OUTSIDE CORPORATE LIMITS. Water service outside corporate limits must meet the following requirements:

1. The cost of extensions of water mains and tap on fees must be assumed by the customers or divided between the customers and the Town on the basis of engineering recommendations and a mutual agreement to be approved by the City Council.
    
2. Water rates shall be 2.5 times the rates established from time to time for the sale of water by the Town within the corporate limits. (Division 7 of Chapter 7 of this Code).
    
3. Annexation to the corporate limits is reasonably imminent as determine in the sole discretion of the City Council.
    
4. Every property owner whose property is served and connected to the Town's water system shall first enter into a pre-annexation agreement in a form approved by the Town setting forth the terms of cost and other appropriate requirements and shall among other provisions include the following:
   
   As a covenant running with the land, Customer agrees that in the event any portion of the above-described property hereafter becomes contiguous with the corporate boundaries of the Town of Normal in any of the manners prescribed by law, the Town of Normal may, in its sole discretion, but only after more than thirty (30) days have elapsed from the date of the City Manager requesting that said above-described property be annexed, discontinue furnishing of any and all water services to any property, building improvement or appurtenance upon said above-described property or any part thereof, and in its discretion may continue to refuse the furnishing of such water services until said property has become annexed to the Town of Normal in the manner prescribed by law.
    
5. The property owner or customer must also agree that he will not permit or allow any other person, firm or corporation to connect or annex to said water system or use water therefrom or in any other way benefit from the service provided to the customer under the terms of the said agreement without written permission from the City Manager.
    
6. Water customers outside the Town shall further agree that all extensions of the water system remain the property of and subject to the control of the Town and that the water customer and his property shall be subject to and shall be obligated to the enforcement of liens for nonpayment of water and said customers shall abide by all ordinances, rules, and regulations of the Town with regard to the construction, use and maintenance of water mains and for the payment of services for water services; and upon the penalty of violation that a notice of disconnection may be given by the Town as provided in this Chapter for non-payment for services. In the event of disconnection for violation or breach of any covenant or condition of the water agreement, it is strictly provided that no rebate, reimbursement or claim shall be due and owing to the water customer.

SEC. 7-17.3 RESALE OF CITY WATER FOR PROFIT PROHIBITED.

1. No private person, partnership or corporation shall resell water purchased from the Town of Normal at a price greater than the amount charged to such person, partnership or corporation by the Town for the purchase of such water.
    
2. This Section shall not prohibit landlords from charging a fixed monthly or annual amount to reimburse such landlords for the cost of supplying water as a term of a lease when the actual amount of water used by an individual tenant cannot be ascertained, but such fixed amount, and the method of computing such amount, shall be disclosed to the individual tenant and to Town inspectors upon request. The fixed amount must be a reasonable estimate of the per capita cost to such landlord of supplying water based on previous usage rates and current water rates.
    
3. Violators of this Section shall be fined a minimum of $100.00 and a maximum of $500.00 for each violation of this Section. Overcharging shall be a separate offense for each month the violation continues. In the case of tenants of rented dwelling units or mobile home lots which are overcharged in violation of this Section a separate offense shall have been committed for each individual dwelling, unit or mobile home lot tenant so overcharged for each month of overcharging.
    
4. This Section shall not apply to any unit of local government or to any entity regulated as a water utility by the Illinois Commerce Commission.

(Entire Division 17 Added 9/5/2000 by Ord. No. 4667)