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Chapter 38 - Utilities

EXHIBIT “A”

 

ORDINANCE NO. 1346

 

AN ORDINANCE CREATING A WASTE WATER DISPOSAL ZONE WITHIN THE VILLAGE OF WESTVILLE, VERMILION COUNTY, ILLINOIS

 

WHEREAS, the VILLAGE OF WESTVILLE, a municipal corporation located wholly within Vermilion County, Illinois, has passed Ordinance Number 1345, in order to create said zone, and

 

WHEREAS, under the terms of said Ordinance, a public hearing was held on January 18, 2005, pursuant to publication of Ordinance Number 1345, in both the Danville Commercial-News and the Georgetown Independent News, both being papers of general circulation, including within their area of circulation, the Village of Westville, and

 

WHEREAS, at said date, time, and place, a hearing was conducted before Mr. Timothy Smith, the duly appointed hearing officer for the VILLAGE OF WESTVILLE, and

 

WHEREAS, at said hearing, sworn evidence was taken by means of testimony from witnesses and, in addition, interested parties were allowed to question said witnesses by cross-examination and offer comments, and

 

WHEREAS, at said hearing, interested parties were further granted the opportunity to present any statements in favor of or in opposition to the proposal to create said zone, and

 

WHEREAS, written comments were delivered to the hearing officer, and that written comments represent less than 51% of the number of voters in said zone, and

 

WHEREAS, said hearing officer has written a recommendation based upon his findings from the evidence produced, and

 

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

 

A.       That pursuant to Chapter 65, ILCS Act 90 (Sections 90.0 et seq.) entitled “Municipal Waste Water Disposal Zone Act” and pursuant to Ordinance Number 1345 passed on December 14, 2004, by the Village Council, a majority of which present at said meeting, voted in favor of said Ordinance, there is hereby formed and created a Waste Water Disposal Zone.

 

B.       That the boundaries of said Waste Water Disposal Zone shall be the current Village limits of the Village of Westville, Vermilion County, Illinois.  A map of said Village is attached to this Ordinance, marked Exhibit A, and made a part hereof.

 

C.       That said Waste Water Disposal Zone is hereby formed for the following uses and purposes:

 

1.       To collect, treat, reclaim, or dispose of waste water, including storm and sewer water.

2.       To acquire, design, own, construct, install, operate, monitor, regulate, inspect, rehabilitate, modify, and maintain existing and new on-site waste water disposal systems within the zone and in a manner which will promote environmental quality, prevent a pollution waste and contamination of water, abate nuisances, and protect public health.

3.       To conduct investigations, make analysis, and monitor conditions with regard to water quality within said zone.

 

D.       Said Village may apply for, attain, and utilize any Federal or State Funds, grants, loans, or otherwise for any purposes specified in the State Statute and ordinances adopted by the Village, through the Village President or by appointment of such consulting engineers or grant writers as may be appropriate.

 

E.       Said Village is authorized to adopt and enforce all reasonable rules and regulations necessary to implement the purposes of this zone, said rules to be published upon promulgation of same.

 

F.       Said Village may contract within the powers granted under said Statute and Ordinance for the exercise for any affirmative powers contained in this Ordinance and within State Statutes even if such contract or contracts may extend for a period of longer than one year.

 

G.       Said Village may also impose a tax upon all real estate located within said zone for the purpose of retiring bonds issued pursuant to Section 6 of said State Statute to pay for the cost of construction, operation, and maintenance of a waste water disposal system and to impose reasonable user charges to defray the cost of construction operation and maintenance of said system.

 

H.       That any funds collected under the terms of this Ordinance shall be used for the benefit of the public to avoid contamination from sewage or waste water, to improve the current sewage collection system located within the Village of Westville, to maintain and upgrade current pump stations located within the Village of Westville for the more efficient transportation of sewage waste to the disposal plant located within the Westville Belgium Sanitary District.

 

I.        That pursuant to the terms of this Ordinance the Village may construct, operate and maintain any new street lines located within any street or alley of the village to improve any current existing storm sewer lines; to construct and/or improve
any pump stations or lift stations located within the Village; to construct any additional interceptor lines as may be appropriate to effect the term sof this Ordinance.

 

J.        That authorized representatives of the Village shall, upon presentation of proper credentials, have the authority to enter, at reasonable times upon any premises for the purposes of inspection, rehabilitation, or maintenance, including obtaining samples of discharge, without liability therefrom.

 

K.       That all funds collected under the terms of this Ordinance shall be segregated and shall be earmarked for the purposes as delineated in this Ordinance, to wit: the improvements, construction, repair, and maintenance of storm and/or sanitary lines located within said waste water disposal zone.

 

L.       That said funds shall be subject to audit by the auditing firm employed by the Village to audit current Village funding operations and that said audit shall be conducted according to accepted municipal auditing standards.

 

M.       That the hearing officer’s recommendations are appended hereto, marked Exhibit B, and made a part hereof.

 

N.       That any part or Section of this Ordinance, being found invalid or unconstitutional, shall not effect the validity of the remainder of this Ordinance.

 

This Ordinance made and entered into this 8th day of February, 2005, by and between the duly elected and acting Board of Trustees of the Village of Westville.

 

AYES            5       

 

NAYS            0       

 

                                                                      /s/ Michael Weese                                

                                                                      MICHAEL WEESE, Village President

 

ATTEST:

 

/s/ Sandra McElroy                     

SANDRA McELROY, Clerk