§ 12-1-2. General provisions.

A.

Combined Waterworks and Sewerage System. The waterworks system and sanitary sewerage system of the Village shall be owned, maintained and operated as a combined utility and hereafter shall be referred to as the System.

B.

Charges. A charge shall be made to the users of said System which shall be reasonable for the use and service of such system and such charges or rates for that purpose shall be established and such rates shall be sufficient to pay the cost of the operation and maintenance of the entire System of said Village including an adequate depreciation reserve as determined by the Director of Finance therefore and to pay the interest on and principal of all bonds which by their terms are payable from the revenues of the System and to maintain the additional accounts established in the ordinance authorizing the issue of bonds.

The services of the System are furnished to the respective premises by the Village only upon the condition that the owner of the premises, the occupant thereof and the user of the service are jointly and severally liable therefor to the Village.

C.

Books of Account. The Director of Finance shall keep or cause to be kept full and complete books of accounts separate and apart from any other records of the Village showing in detail all monies received by him with dates and sources and all matters pertaining to his office in a clear and methodical manner. He shall also keep such other books as the Village Board may from time to time direct. All such books, accounts and papers pertaining to said office shall at all reasonable times be open to the inspection of the Board of Trustees, any member thereof, the holder of any outstanding waterworks and sewerage revenue bonds or any duly authorized agent or agents of such holder.

D.

Bill for Services. The Director of Finance shall prepare and distribute bills, collect the water and sewer rates, and shall perform such other duties as now are or may hereafter be imposed upon him by law or the ordinances of the Village.

E.

Application. Any person, firm, association, corporation or partnership desiring to make any new connection with said combined system or use water therefrom shall first make application to the Director of Public Works upon a blank form or forms furnished by said Department. Said application shall contain an agreement on the part of the applicant that all of the rules, regulations, conditions and provisions of any ordinance relating to the System will be complied with; that all water and sewer rates, assessments and rents and all fines and penalties assessed, charged or imposed against said applicant upon the property described in said application shall be paid. When the applicant hereunder has complied with applicable Federal, State, Metropolitan Water Reclamation District, and Village requirements, a permit shall then be issued authorizing the connection to be made and specifying the size thereof.

F.

Connections. No service pipes shall be laid or used to supply water to two or more distinct premises or buildings unless separate curb stop or other positive shut off before the water meter as approved by the Director of Public Works for each of the premises or buildings shall be placed outside of such premises in the parkway as hereinafter provided and a permit fee shall be obtained for each service.

G.

Rates. All consumers, users or properties in the Village of Hoffman Estates shall pay such rates for the use and service of the System in such manners and amounts as shall be prescribed by ordinance by the President and Board of Trustees from time to time.

H.

Rates—Nonresident. All users of the System of the Village of Hoffman Estates occupying premises not within the limits of said Village shall be charged rates to be determined by the Village Board, from time to time.

I.

Permit Required. No person, firm, association, corporation or partnership shall install or repair any sewer connection or water main without first obtaining a written permit for such work from the Director of Public Works.

J.

Permit Fees. The fees to be charged for a permit to tap or otherwise make a connection with any water or sewer main shall be determined in such manners and amounts as shall be prescribed by ordinance adopted by the Village Board from time to time.

K.

Water or Sewer Connection. Whenever any permit for a connection with the water or sewer mains of the Village is issued hereunder, only the employees of said Village so designated for the work, or an approved contractor, shall tap the main of said System where such connection is to be made.

L.

Opening in Streets—How Protected. All openings made in streets and sidewalks shall be protected at all times by sufficient barriers, on which signal lights or flares shall be placed and maintained after dark. The owner of the premises for which the work is being done shall notify the Department of Public Works when a street is fully or partially obstructed by opening.

M.

Performance Bond. No permit for a service connection or water or sewer extension shall be issued by the Director of Public Works unless the person applying therefore or the contractor shall have filed in the Department of Development Services a performance bond with corporate surety acceptable to the Village thereon in the sum of $1,000.00 for a service connection; and for a sewer extension, a sum equal to one and one-half times the estimated cost of the work to be done.

N.

Insurance. No permit for building service, or water or sewer extension shall be issued by the Director of Public Works unless the person applying therefor or the contractor shall have first procured Public Liability Insurance in an amount of not less than $100,000.00 for injuries, including accidental death, to any one person and subject to the same limit for each person in an amount not less than $300,000.00 on account of one accident and Property Damage Insurance in an amount not less than $50,000.00. The persons to be indemnified and saved harmless in said insurance policy shall be the Village of Hoffman Estates, Cook and Kane Counties, Illinois, and the applicant for building service or water or sewer extension. A certificate of said insurance shall be filed with the Department of Public Works.

O.

Water Service Outside the Village. Due to the Village water needs and the Illinois Department of Natural Resources (DNR) limitations on water supply and the necessity to maintain water pressure, the Village will not supply water service to properties outside the Village except:

1.

In order to obtain an easement to provide Village water service within the municipal boundaries.

2.

To not-for-profit users so long as said not-for-profit user provides sufficient pumping and storage to improve the Village water pressure and that such use is within the Village's IDNR allocation. In such cases, the Village may provide a water tap-on for a property outside the Village.

3.

To an adjacent municipality that owns and maintains a municipal water system for water service. In such case, water service shall be limited to service to publicly owned properties within that municipality within 500 feet of the Village of Hoffman Estates boundary.

This section shall not apply to existing users as of November 10, 1969.

P.

Sewer Service Outside the Village. Due to limitations on Village personnel, the Village will not supply sewer service to properties outside the Village except as follows:

1.

In order to provide sewer service within the municipal boundaries; the Village may provide a sewer service tap-on for a property outside the Village in exchange for said easement.

2.

The Village may provide sewer service for the exclusive use of not-for-profit institutions providing a portion of such institution's property is contiguous to the Village only with consent and payment of all applicable costs, fees and permits by said institution. This section shall not apply to existing users as of September 21, 1970.

Q.

Except for such uses or methods in existence prior to May 14, 2007, the use of, or attempted use of, groundwater from within the corporate limits of the Village of Hoffman Estates in a 500-foot radius of 2 East Higgins Road, as depicted on Exhibit "A" attached hereto and made a part hereof, as a potable water supply, by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition expressly includes the Village of Hoffman Estates.

(Ord. No. 3389-2002, § 1, 4-1-02; Ord. No. 3546-2003, § 1, 9-2-03; Ord. No. 3793-2006, § 18, 1-3-06; Ord. No. 3925-2007, § 2, 5-14-07)