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Public Act 099-0498
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| SB0377 Enrolled | LRB099 03137 AWJ 23145 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section |
205-140 as follows:
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(60 ILCS 1/205-140)
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Sec. 205-140. Initiating proceedings for particular |
locality; rates
and charges; lien. |
(a) A township board may initiate proceedings under |
Sections 205-130 through
205-150 in the manner provided by |
Section 205-20.
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(b) The township board may establish the rate or charge to |
each
user of the waterworks system or sewerage system, or |
combined waterworks
and sewerage system, or improvement or |
extension at a rate that will be
sufficient to pay the |
principal and interest of any bonds issued to pay
the cost of |
the system, improvement, or extension and the maintenance and
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operation of the system, improvement, or extension and may |
provide an adequate
depreciation fund for the bonds. Charges or |
rates shall be established,
revised, and maintained by |
ordinance and become payable as the township board
determines |
by ordinance.
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(c) The charges or rates are liens upon the real estate |
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upon or for which
sewerage service is supplied whenever the |
charges or rates become delinquent as
provided by the ordinance |
of the board fixing a delinquency date.
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(d) Notwithstanding any provision of law to the contrary, |
the township shall conduct a cost study regarding the |
connection charge of the township: |
(1) before the township increases or creates a |
connection charge; |
(2) upon the request of the supervisor or a majority of |
the township board of the township; |
(3) upon the request of a majority of the mayors or |
village presidents of the municipalities located within or |
substantially within the township or township's facility |
planning area; or |
(4) upon the filing with the township board of a |
petition signed by 10% or more of the customers who have |
paid connection charges to the township in the previous 5 |
calendar years. |
The cost study shall be conducted by an independent entity |
within 6 months of action taken under paragraphs (1), (2), (3), |
or (4) of this subsection (d). For purposes of subsections this |
subsection (d) and (e), the term "independent entity" shall |
mean an engineering firm that has not entered into a contract |
with any State agency, unit of local government, or |
non-governmental entity for goods or services within the |
township or township service area in the 24 months prior to |
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being contracted to perform the cost study. After performing a |
cost study under this subsection (d), an independent entity may |
not contract with any State agency, unit of local government, |
or non-governmental entity for goods or services within the |
township or township service area in the 24 months after |
completion of the cost study other than to perform further cost |
studies under this subsection (d). A township shall not be |
required to conduct more than one cost study in a 60 24 month |
period under paragraphs (1), (2), (3), or (4) of this |
subsection (d). The cost study must include, at a minimum, an |
examination of similar water main and sewer connection charges |
in neighboring units of local government or units of local |
government similar in size or population. Following the |
completion of the cost study, no increase or new connection |
charge may be imposed unless the increase or new charge is |
justified by the cost study. If the connection charge the |
township charged prior to completion of the cost study is |
higher than is justified by the cost study, the township shall |
reduce its connection charge to the amount justified by the |
cost study. For purposes of this subsection (d), "connection |
charge" means any charge or fee, by whatever name, assessed to |
recover the cost of connecting the customer's water main, |
sewer, or water main and sewer service line to the township's |
facilities, and includes only the direct and indirect costs of |
physically tying the service line into the township's main. |
(e) If a cost study has been conducted pursuant to |
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subsection (d) of this Section and a new cost study is |
requested under paragraph (3) or (4) of subsection (d), the |
township shall obtain a written quote from an independent |
entity detailing the cost of the requested cost study and one |
of the following shall occur prior to a new cost study |
beginning: |
(1) each township, village, and municipality whose |
mayor or president requested the cost study under paragraph |
(3) of subsection (d) shall pay a proportionate share of |
the entire cost of the cost study as detailed in the |
written quote required under this subsection (e); or |
(2) the customers who signed the petition under |
paragraph (4) of subsection (d) shall pay a pro rata share |
of the entire cost of the cost study as detailed in written |
quote required under this subsection (e). |
Payments required under either paragraph (1) or (2) of this |
subsection (e) shall be made to the township clerk, who shall |
forward the same to the independent entity upon receipt of |
entire amount of the written quote for the cost study. If the |
entire amount of the written quote for the cost study has not |
been received within 90 days from the township clerk providing |
public note of the amount of the written quote, then those |
amounts received by the township clerk shall be refunded to the |
persons or entities which paid them. |
(Source: P.A. 99-481, eff. 9-22-15.)
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Section 99. Effective date. This Act takes effect January |