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O-15-17VILLAGE OF DEERFIELD LAKE, AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-15-17 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ESTABLISH A MANUAL WATER METER READING FEE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of June 2015. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this JSthlay of Tuna 2015. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0_15 -17 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ESTABLISH A MANUAL WATER METER READING FEE WHEREAS, the Village of Deerfield owns and operates a municipal water system that provides potable water to residential and business customer premises, with service charges based upon the quantity of water delivered to customer premises as measured by a Village -owned manual read water meter installed on the customer premises; and. WHEREAS, the Village is engaged in a program to replace all manual water meters within the Village with automated meter reading ("AMR ") devices which will provide remote water meter reading capability and eliminate the need for manual reading ofcustomer water meters; and, WHEREAS, the installation of new AMR meters and remote reading capability will allow the Village to monitor water usage more closely and more accurately, reduce the amount of unaccounted for water within the Village's water system and conserve the Village's potable water supply resources; and WHEREAS, the new AMR meters with remote reading capability will further serve to simplify the water meter reading and billing process and to achieve staffing efficiencies related to the water meter reading and billing process; and WHEREAS, the cooperation of Village water system customers is required to gain access to their customer premises as necessary to change out old manual read meters for new AMR meters with remote reading capability; and WHEREAS, all Village water system customers are required, at no cost to the customer, to cooperate with Village representatives to facilitate the water meter replacement program; and WHEREAS, some Village water system customers have failed or refused to cooperate with the water meter replacement program, citing physical or economic impediments to cooperating with the water meter replacement program such as the cost of opening finished basement walls to gain access to a covered water meter, or suggested health concerns relating to the installation of a wireless AMR meta device with remote meter reading capability, WHEREAS, water system customers who fail or refuse to permit Village employees and contractors to enter their customer premises for water meter replacement are subject to suspension or termination of Village water service for their failure or refusal to permit or provide access to their premises for the repair, inspection, maintenance or replacement of Village water meters serving their property; and WHEREAS, customers who cite physical or economic impediments to cooperating with the water meter replacement program such as the cost of opening finished basement walls to gain access to a covered water meter, or that cite health concerns relating to the installation ofa wireless AMR meter device with remote meter reading capability, will be permitted to continue to be served by a manual read water meter, subject however to payment of a manual read surcharge to be established in the Village's annual fee resolution to defray the additional cost of continuing to operate a manual meter read service within a system that has been converted to remote meter reading capability; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES. ILLINOIS, in the exercise of its home rule powers, as follows: -2- SECTION 1: That the above and foregoing recitals, being material to this Ordinance. are hereby incorporated and made a part of this Ordinance as set fully set forth herein. SECTION 2: That Section 23 -17 ( "Reading Water Meters; Right of Access ") of Article 3 ("Water Meters ") of Chapter 23 ("Water ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows: Sec. 23 -17. Reading Water Meters; Right of Access; Manual Read Surcharge: (a) The Village Manager or his designated representative shall read or cause to be read every meter connected to the municipal water supply at such times as are necessary that bills for water and sewer utility service may be sent out at the proper time. (b) The Village Manager or his designated representative shall have the right to enter upon, at reasonable hours, properties serviced by the municipal water supply to make meter readings, inspections, repairs and replacements, or to enter upon other properties to make investigations should he have cause to believe water is being used in violation of the provisions of this Chapter. (c) It is the duty of all customers serviced by the municipal water supply, and of all persons, firms or entities having an ownership or occupancy interest in customer premises that are serviced by the municipal water supply, to cooperate with the Village and its representatives, employees, agents and contractors, to provide and permit prompt and efficient access to the customer's premises for delivering utility service to the customer premises, including but not limited to: (i) inspecting, removing, replacing, repairing and installing water meters; (ii) making meter readings or inspections as required. (d) If customer refuses or fails to allow Village officers, employees or contractors access to the customer premises to enter and install a remote read water meter on the before: (i) September I, 2015, (ii) the date on which water service is first provided to a customer's premises, or (iii) the date on which terminated water service to a customer's premises is reinstated, a manual meter reading fee in an amount determined by the annual fee resolution adopted by the corporate authorities of the Village shall thereafter be added to the customer's water bill for each and every month, or part thereof, that the customer is receiving the use and benefit of the water supply system until the customer allows the Village representatives to enter the premises and install a new or replacement remote read water meter. (e) If customer premises have been constructed or arranged in a fashion to impede or prevent access to the Village water meter, or to require that customer -3- premises property be opened, cut, moved, damaged, demolished or destroyed to provide access to the Village water meter for repair, replacement, reading or other purposes, customer shall perform such work as may be necessary to provide access to the Village water meter at customer's sole expense. If customer fails or refuses to perform such work as may be necessary or required to provide Village and its representatives, employees, agents and contractors with reasonable access to the Village water meter on the customer premises, the Village representative is authorized to perform such necessary work, and will leave the customer premises in a neat and clean condition, excluding any work, repairs or replacements that may be required to restore the customer premises due to cutting, opening, damaging, moving or demolishing any customer premises property as was required to provide access to the Village water meter. SECTION 3: That the annual fee resolution of the Village of Deerfield be and the same is hereby amended to add the following: Municipal Code Fee for Classification Reference Description FY 2015 (H) Water 23 -17 manual meter $25.00 per reading reading fee SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 15th day of _June . 2015. AYES: Farkas, Jester, Seiden, Shapiro, Struthers NAYS: None ABSENT: Nadler ABSTAIN: None APPROVED this 15th day of ATTEST: - lArk Village Clerk 2015. L'� per' f L�- � Village President