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Village of Winnebago Water Bills


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Posted by Wally on 7/18/2007 20:43: IP: 12-214-166-153.client.mchsi.com

After our resent experience regarding the Village of Winnebago water bill and disconnection notice, I did some checking and found some interesting reading in the Illinois General Assembly Public Acts and Administrative Codes.

Having read the enclosed Illinois General Assembly Public Acts and Administrative Codes, I checked with Attorney General Lisa Madigan’s office to find out if there is any discrepancy between a municipal “law” and a State of Illinois “law” which “law” would be considered the authority. Per Attorney General Madigan’s legal library and reference department, the State of Illinois” law” would be the final authority and “laws” made by municipalities would have to be in compliance with the “laws” as passed by the State of Illinois General Assembly.

Although I did not do any sort of exhaustive research nor would I be qualified to interpret the “laws” governing Illinois, after reading the Illinois General Assembly Public Acts and Administrative Codes regarding utilities, it does appear as if the Village of Winnebago’s ordinance(s) regarding water bills might not be in compliance with the information found in the State of Illinois documents.

As a non-expert, the discrepancies I found are:

1.Although the Village of Winnebago has a website, the address is not found on the water bill. (220 ILCS 5/8-306 A)
2.The Delinquent Notice sent by the Village of Winnebago as well as the “door knocker” left by the Village does not match the document referenced in the code. (220 ILCS 5/8-306 B reference to Appendix A of 83 Ill. Adm. Code 280).

Also, in reading the Public Acts and Administrative Codes, I found:

1. The Village of Winnebago does not have a written booklet as outlined in Administrative Code Section 280.200.
2. The Village of Winnebago has not in the past adhered to Administrative Code Section 280.90 regarding payments that are made through the mail. As far as I know, the Village does not have a written policy regarding this issue and has in the past, charged a late fee to any account where a payment was received either in person or by mail after 8:00 am the morning after the invoice was due. (The date due does take into account weekends and holidays if necessary).
3. The Village of Winnebago charges a 10% additional fee for payments received late. (Administrative Code Section 280.90)

I wonder if the Village of Winnebago “laws” should have been in compliance with the State “laws” does the Village of Winnebago owe residents money for things like overcharging with late fees?

Also, I know for a fact that Village of Winnebago did not contact the proper authorities when they changed the structure of the water rates a couple of years ago. (I believe per the Village’s bond agreement, the Village needed to gain permission for any rate changes – either the raising or lower of rates. At that time, the Village restructured the rates and added minimum usages categories to the water/sewer rate structure.) Does the Village need permission for the changes made in Ordinance 06-09? Did they gain these permissions?

Again, I am not an expert but it does appear as if the Village of Winnebago needs to work on some things.





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