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TO: Mayor Richard C. Irvin
FROM: Ken Schroth, Director of Public Works/City Engineer
DATE: July 10, 2017
SUBJECT:
An Ordinance Amending Section 48-26 Entitled "Responsibility for Installation, Maintenance" of Division 1, Article II, Chapter 48 of the Aurora Code of Ordinances.
PURPOSE:
To alter the maintenance responsibility for water service pipes, valves, and meters.
BACKGROUND:
The current ordinance, which was last amended in 2002, provides that the City shall be solely responsible for maintaining and repairing the water service facilities between the public water main and individual water meters, including all appurtenances.
DISCUSSION:
Water service facilities are the connection between the public water main and an individual water user. Each service facility includes a meter to track usage and a valve that can be used to shut-off service to the user. This valve is typically located near the limit of the City's right-of-way. Beyond that, the water service extends onto private property.
City staff regularly maintains and repairs water service facilities on private property. Sometimes this requires work within fenced areas. It can also impact improvements made to private property that require restoration by specialized tradesmen hired by the City (carpenters, tile layers, painters, etc.) Staff researched the municipal codes of all the neighboring municipalities, as well as those of Elgin, Joliet, Rockford and Waukegan. None stipulate that the municipality must maintain water service facilities on private property.
Some individual water users have water service facilities for both domestic uses and fire suppression. These can be two distinct water service facilities or combined in the same service facility. The City's Code of Ordinances does not currently address the maintenance responsibility for fire suppression water service facilities.
The proposed Ordinance serves two purposes.
1. It limits the City's responsibility for maintaining domestic water service facilities, particularly where the service facility is on private property, or where the City has already repaired the service facility multiple times.
2. It codifies an existing policy of not maintaining fire suppression water service facilities.
IMPACT STATEMENT:
The Water and Sewer Maintenance Division will continue to repair domestic water service lines, in some cases even on private property, but the proposed Ordinance places limits on the City's responsibility. These limits will transfer some of the maintenance responsibility to private property owners. To help offset the cost of this maintenance responsibility, the City will establish a new policy of restoring the public right-of-way whenever a private property owner performs maintenance on a sanitary service line.
RECOMMENDATIONS:
Staff recommends adoption of the proposed Ordinance.
cc: Alderman Garza, Chairman
Alderman Donnell
Alderman Bohman
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Section 48-26 entitled "Responsibility for Installation, Maintenance" of Division 1, Article II, Chapter 48 of the Aurora Code of Ordinances.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is desirable to amend certain provisions regarding the responsibilities of property owners and the City with respect to installation and maintenance of the water service facilities which provide water service to private property in the City of Aurora.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: (See Attachment)