Chapter 17 – Gas System

CHAPTER 17

GAS SYSTEM

1711 RATES AND CHARGES ESTABLISHED.

(A) The rates and charges for the use and services of the municipal gas utility of the Village be and are established. Such rates and charges shall be made and collected against each consumer who shall directly or indirectly receive gas from said municipal utility. The rates and charges shall be based upon the quantity of gas used by each consumer, as measured by the gas meter.

(B) The charges shall be computed on a monthly basis at the following rates:

$ 4.50 + cost per 1,000 cu. ft.

The cost of a 1,000 cu. ft of gas shall be computed by taking into account and adding onto the stated purchase cost of said gas a dollar amount factor which represents the wastage incurred by the gas system, with the net effect of said wastage being reduced to a dollar amount, and then applying said dollar amount of wastage to each customer proportionately according to each customers usage, on a monthly basis. (Ord. #675; 5/21/2011)

(C) If any rate (whether or not charged under bond) applicable to natural gas purchased by the Village from the pipeline company is increased or decreased after July 1, 1962, resulting in an increase or decrease in the cost of the gas purchased by the Village, such increase or decrease shall be applied in direct uniform rates to the above rates. (Ord. No. 238, 1962)

(D) The gas connection fee shall be Three Hundred Dollars ($300.00) for any building or property connecting to the gas system with the Village’s standard residential meter and equipment, payable in advance. However, for any gas connection that requires a meter and/or equipment whose total material cost (not including any labor cost) is greater than $300.00, the gas connection fee shall be the actual cost amount incurred by the Village for the meter and/or equipment so installed to make such gas connection, payable in advance. (Ord. No. 557, 2/10/2005)

1712 RATES AND CHARGES TO BE NONDISCRIMINATORY. No free service of the gas utility shall be furnished to any person, firm, organization or corporation, public or private, and all rates and charges shall be nondiscriminatory; provided, that the Mayor and Board of Trustees reserve the right to impose special rates and charges in cases where particular circumstances render the regular rates inadequate or unjust. If the Village should elect to supply itself with gas for any purpose, regular rates therefor shall be charged against the Village and payment made from the funds thereof to the gas fund. (Ord. No. 238, 1962)

17-1-3 Billing; Utility Shut-off; Hearing.

(1) All bills for utility services shall be due and payable upon presentation which will usually be the twentyth (20th) day of the month. If a bill is not paid by the fourth (4th) day of the following month, a penalty equal to ten percent (10%) of the amount due shall be added thereto. This penalty shall be in addition to the charges heretofore established for the utility services.

(2) Any customer who fails to pay the utility bills by the fifteenth (15th) day of the month following presentation shall have the utility services disconnected after a written notice by the Village has been hand delivered or mailed by first-class mail to the customer, affording the customer an opportunity for a hearing. The aforesaid notice shall be mailed or hand delivered to the customer at the address of the utilities on the sixteenth (16th) day of said month after billing, specifically advising the customer of the following:

(a) Name and address of the customer and amount of the bill.

(b) That the customer has a right to be heard and to present evidence in his behalf if he does not agree with the amount of the bill, or if he believes that the bill has already been paid in full.

(c) That it is the customers obligation to request a hearing.

(d) That, if the customer fails to request a hearing, the utilities will be discontinued on the date of termination. If the customer requests a hearing but fails to appear at the hearing, the customers utility service will be terminated immediately without further proceedings.

(e) The date and time of termination. Said date shall be either five (5) days from the date of mailing of the aforesaid notice, or two (2) days from the date of hand delivery. Hand delivery may be accomplished by attaching the notice to the front door of the building to which the utilities in question have been supplied.

(3) If a hearing is requested, the time, date and location of the hearing shall be determined by the Mayor or the Clerk, and the customer will be notified. One of these officials shall preside over the hearing and shall make a final determination as to the rights of the consumer and the Village based on the information received at the hearing. The customer must make a request for a hearing in writing delivered to the Village Hall during working hours at a time prior to the date and time of termination given in said notice; otherwise, the disconnection shall occur as scheduled without further notice.

(4) The customer shall be notified within two (2) working days of the decision rendered by the hearing officer. If the service is to be discontinued, a date and time will be set out in the notice to terminate the service or services of the customer. Notice of the hearing officer’s decision shall be made by first-class mail or by hand delivery as herein described.

(5) If the hearing officer decides in favor of the Village, the Village shall have the right to discontinue the customer’s utility services. Should the customer fail to appear at the

hearing, or should the notice be returned non-accepted, then the Village shall also have the right to terminate the customer’s utility services without further proceedings.

(6) If the customer who has been notified for nonpayment of utility bills is not the owner of record, then the Village shall also notify the owner of the property by first-class mail of the possible disconnection.

(7) Billing, Payment, Disconnection and Reconnection Procedures: Notwithstanding any other provision of this Municipal Code, the following conditions, restrictions and procedures shall apply in all cases.

[1] A disconnection and the filing of a lien may occur under any and all circumstances for a delinquent, unpaid utility bill as provided herein, regardless of whoever may be in possession of the subject premises at the time of disconnection, even if the premises in question was sold, leased or rented to some person other than the existing account holder at a time when said account holder was not delinquent in the payment of his utility account. After shutoff has occurred, the utilities services shall not be reconnected for any reason except upon payment of all utility bills and charges owed upon the property in question, together with any service reconnection charge that may be due as provided by village ordinance. All utilities charges for services provided to a premises shall be a personal obligation, on a joint and several basis, of both the current account holder and the actual owner of the premises. However, a current account holder who is not an actual owner of the premises, who is also vacating the premises, and who has not authorized some other person other than the actual owner of said premises to take possession of the property, may request that the village authorities shutoff the utilities services and terminate his account as of the date of his vacating of the premises, and thereby shall not be liable for any charges for utilities services provided thereafter said date.

[2] In the case of a change in occupancy of the premises, regardless of whether there are past due utilities for said premises, the new occupant (i.e. the new proposed account holder) shall not be charged with nor be required to pay the amounts due resulting from the prior occupancy, but nevertheless the utilities services shall not be placed into the new occupants name as account holder nor shall any disconnected utilities be reconnected until the Village receives payment from whatever source of all amounts and charges due, whether delinquent or not, for all utilities services provided to date to the premises under the old occupants account, together with any service reconnection charge that may be due as provided by village ordinance if the utility service has already been disconnected. If the new occupant takes possession of the premises without switching the utilities account into the new occupants name, any utilities used thereafter shall be a personal obligation chargeable to and due and payable by, on a joint and several basis, the old occupant if he authorized the new occupant to take possession, the new occupant, and the actual owner of said premises, and the utilities shall in all instances be subject to all shutoff, lien and reconnection procedures if the utilities become delinquent, regardless of who owns or occupies the property at the time of the disconnection. All persons who own or hold an interest in real estate within the Village limits or in real estate which is provided Village utilities services shall inform and give notice to any person desiring to purchase, lease or rent such real estate of the requirements and restrictions of this Subparagraph 7 of Section 17-1-3, and this duty to so inform and give notice shall be deemed a provision of every contract, whether written or oral, for the purchase, leasing or renting of such real estate located within the Village limits or which is provided Village utilities services. All persons taking ownership or possession of any real estate located within the Village limits or of real estate which is provided Village utilities services shall take subject to the provisions of this Ordinance. The Village Clerk shall provide a computation of the utilities charges due to date for any premises served by a Village utility system upon the request of any person interested in purchasing, leasing or renting such premises. A copy of the ordinance establishing this Subparagraph 7 of said Section 17-1-3, properly certified by the Village Clerk, shall be recorded in the Office of the Recorder of Clay County, Illinois and shall be deemed additional notice, separate from the normal publication notice, given to all owners of or holders of an interest in any real estate located as above described and also to all persons interested in purchasing, leasing or renting any real estate located as above described, of the requirements and restrictions of amended this Subparagraph 7 of Section 17-1-3 of the Village of Louisville, Illinois. This requirement of recording said ordinance shall be considered directory only and not mandatory, and it shall not be considered as establishing any requirement or policy that any future ordinances or amendments to ordinances, including this ordinance, lawfully passed by village authorities, must also be recorded in said Recorders Office.

[3] The fee to reconnect a disconnected gas service shall be Twenty-Five Dollars ($25.00), plus any expenses incurred in the actual physical reconnection of the gas service.

(8) A delinquent account for gas utility charges shall be considered a delinquent account for water and sewer utility services, and any disconnection made by the Village under this Section 17-1-3 shall be made for all utility services supplied to that location; however, no gas service furnished to residential users shall be terminated for nonpayment of bills on (I) any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 20 degrees Fahrenheit or below; or (ii) any day preceding a holiday or weekend when such a forecast indicates that the temperature will be 20 degrees Fahrenheit or below during the holiday or weekend.

(Ord. No 584, 7/27/2006; Ord. No. 622, 4/10/2008)

 

1714 LIENS. Whenever a bill for gas services remains unpaid for forty-five (45) days for monthly service after it has been rendered, the Village Clerk shall file with the County Recorder of Deeds, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a Notice that the Village claim a lien for this amount, as well as for all charges subsequent to the period covered by the bill and for any attorneys’ fees or expenses necessary to collect such bill or foreclose on the lien. If the user whose bill is unpaid is not the owner of the premises and the Village Clerk has notice of this, notice shall be mailed to the owner of the premises, if his address is known to the Clerk, whenever the bill remains unpaid for the period of forty-five (45) days for a monthly bill after it has been rendered. The failure of the Village Clerk to record such lien, or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in this Section. (Ord. No. 480; 02-11-99)

1715 FORECLOSURE. The property subject to a lien for unpaid charges shall be sold for nonpayment of the same and the proceeds of the sale shall be applied to pay the charges, attorneys’ fees and expenses, after deducting costs as is the case in the foreclosure of statutory liens.

1716 CHARGES TO BE DEPOSITED. All moneys received as charges for the services of the gas system shall be deposited in a bank account separate and distinct from the bank accounts in which other Village funds are held. The funds shall be administered and allocated in strict accordance with the provisions of Ordinance No. 230 of the Village, authorizing the issuance of Gas Public Utility Certificates, or in accordance with any ordinance which may hereafter be adopted to refund said certificates. (Ord. No. 238, 1962)

1717 SYSTEM OF ACCOUNTS AND RECORDS REQUIRED. It shall be the duty of the Village Treasurer to set up and maintain a proper system of accounts and records separate from all other accounts and records, showing the amount of revenues received from the gas system and the application of such revenues and all financial transactions in connection therewith. Such accounts shall annually be audited properly by an independent certified public accountant. (Ord. No. 238, 1962)

1718 COLLECTION OF CHARGES. It shall be the duty of the officials of the Village diligently to collect the charges imposed by this Article and to employ the proper means for the collection thereof. (Ord. No. 238, 1962)

1719 ENERGY ASSISTANCE CHARGE. Pursuant to 305 ILCS 20/13 the Village shall assess each of its gas customer accounts a monthly Energy Assistance Charge for the Supplemental Low-Income Energy Assistance Fund. The monthly fee shall be as follows:

(A) Forty Cents ($0.40) per month on each account for residential gas service;

(B) Four Dollars ($4.00) per month on each account for non-residential gas service which had distributed to it less than 4,000,000 therms of gas during the previous calendar year;

(C) Three Hundred Dollars ($300.00) per month on each account for non-residential gas service which had 4,000,000 or more therms distributed to it during the previous calendar year.

For purposes of this Section, “residential gas service” means gas utility service for household purposes delivered to a dwelling of two (2) or fewer units which is billed under a residential rate, or gas utility service for household purposes distributed to a dwelling unit or units which is billed under a residential rate and is registered by a separate meter for each dwelling unit. “Non-residential gas service” means gas utility service which is not residential gas service.

17110 ILLINOIS DEPARTMENT OF REVENUE NOTIFIED. The Village Clerk is hereby authorized, empowered and directed to inform the Illinois Department of Revenue in writing that this Section has been approved and do all other ministerial acts that might be required by rule or regulation in order for the Village to impose said fees to allow its citizens to receive maximum benefits from the Program and Fund. (Ord. No. 526; 01-09-03)

17111 GAS UTILITY PAYMENT DEPOSITS AND CONNECTION FEES.

(A) Property Owners. The owners who own the land and building thereon shall not be required to make a deposit for the payment of gas utilities.

(B) Renters and Other Occupants. Renters and other occupants, who rent or otherwise occupy the building or land upon which a meter is located, including any person or entity purchasing the land on contract for deed, but not including any governmental entity which is renting or otherwise occupying a building or land which it does not own, shall make the following deposits for the payment of gas utilities, said deposits to be made before obtaining connection to said utilities:

 

Gas $200.00

(Ord. #584; 7/27/2006)

(C) Refund Policy. In the event the renter pays the utility bills for thirty-six (36) consecutive months with no late payments, the deposit or deposits for the gas utilities shall be returned to the renter.

(D) Disconnection Policy. If any service is disconnected a second time in any calendar year, regardless of whether the renter or other occupant has a utility deposit with the Village, prior to reconnection that person shall deposit with the Village an amount that is double the normal deposit amount for that service. As to any landowner who has the service disconnected a second time in any calendar year, prior to reconnection the landowner shall make the normal utility deposit. The deposit described in this Section shall remain with the Village until such time as the accountholder has paid the utility bills for thirty-six (36) consecutive months with no late charges.

(E) Security for Payment – No Interest. The deposits made under the provisions of this Chapter shall be held by the Village as security for the payment of utility services used by the applicant upon the premises to which his application pertains, and may be so applied when any default is made in the payment in the utilities bill in accordance with this Chapter. The depositor shall earn no interest on the deposit.

(F) Connection Fee. The gas connection fee for the initial connection of a proposed meter location to the Village’s gas system shall be Three Hundred Dollars ($300.00) per connection.

17-1-12 EQUALIZED BILLING. The Village Clerk of the Village of Louisville shall institute and maintain a system and program of equalized billing for its gas utility services,under the same requirements and conditions as noted in Section 38-4-14 for equalized billing of water and sewer utilities. Any subsequent changes made in the water and sewer equalized billing program denoted in said Section 38-4-14 shall also be similarly established and instituted in the gas utility services equalized billing program at the same time that the changes in the water and sewer equalized billing program become effective. (Ord. #571; 1-12-2006)

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