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| Public Act 095-0856 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 11-19-1 as follows:
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(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
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Sec. 11-19-1. Contracts. | ||||
(a) Any city, village or incorporated town may make | ||||
contracts
with any other city, village, or incorporated town or | ||||
with any person,
corporation, or county, or any agency created | ||||
by intergovernmental
agreement, for more than one year and not | ||||
exceeding 30 years
relating to the collection and final | ||||
disposition, or relating solely to
either the collection or | ||||
final disposition of garbage, refuse and ashes.
A municipality | ||||
may contract with private industry to operate a
designated | ||||
facility for the disposal, treatment or recycling of solid
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waste, and may enter into contracts with private firms or
local | ||||
governments for the delivery of waste to such facility.
In | ||||
regard to a contract involving a garbage, refuse, or garbage | ||||
and refuse
incineration facility, the 30 year contract | ||||
limitation imposed by this
Section shall be computed so that | ||||
the 30 years shall not begin to run until
the date on which the | ||||
facility actually begins accepting garbage or refuse.
The | ||||
payments required in regard to any contract entered into under
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this Division 19 shall not be regarded as indebtedness of the | ||
city,
village, or incorporated town, as the case may be, for | ||
the purpose of any
debt limitation imposed by any law. | ||
(b) If a municipality with a population of less than | ||
1,000,000 has never awarded a franchise to a private entity for | ||
the collection of waste from non-residential locations, then | ||
that municipality may not award such a franchise without first: | ||
(i) holding at least one public hearing seeking comment on the | ||
advisability of awarding such a franchise; (ii) providing at | ||
least 30 days' written notice of the hearing, delivered by | ||
first class mail to all private entities that provide | ||
non-residential waste collection services within the | ||
municipality that the municipality is able to identify through | ||
its records; and (iii) providing public notice of the hearing. | ||
At the public hearing, the municipality must disclose and | ||
discuss the proposed franchise fee or calculation formula of | ||
such franchise fee that it will receive under the proposed | ||
franchise. | ||
(c) If a municipality with a population of less than | ||
1,000,000 has never awarded a franchise to a private entity for | ||
the collection of waste from non-residential locations, then a | ||
private entity may not begin providing waste collection | ||
services to non-residential locations under a franchise | ||
agreement with that municipality at any time before the date | ||
that is 15 months after the date the ordinance or resolution | ||
approving the award of the franchise is adopted. | ||
(d) For purposes of this Section, "waste" means garbage, | ||
refuse, or ashes as defined in Section 11-19-2. | ||
(e) A home rule unit may not award a franchise to a private | ||
entity for the collection of waste in a manner contrary to the | ||
provisions of this Section. This Section is a limitation under | ||
subsection (i) of Section 6 of Article VII of the Illinois | ||
Constitution on the concurrent exercise by home rule units of | ||
powers and functions exercised by the State.
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(Source: P.A. 86-1023; 86-1025; 86-1039; 86-1475.)
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Section 99. Effective date. This Act takes effect October | ||
1, 2008.
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