Sen. Todd Sieben
Filed: 5/11/2004
 
 

 




 

 		












09300HB0833sam001

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1

AMENDMENT TO HOUSE BILL 833 




2
    AMENDMENT NO. ______. Amend House Bill 833  by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Illinois Municipal Code is amended  by 
5
changing Sections 11-141-7 and 11-141-16 as follows:

 



6
    (65 ILCS 5/11-141-7)  (from Ch. 24, par. 11-141-7)



7
    (Text of Section before amendment by P.A. 93-500)

8
    Sec. 11-141-7. The corporate authorities of any 
9
municipality that owns and
operates or that may hereafter own 
10
and operate a sewerage system
constructed or acquired under the 
11
provisions of any law of this state may
make, enact, and 
12
enforce all needful rules, regulations, and ordinances for
the 
13
improvement, care, and protection of its sewerage system and 
14
any other
sewer or sewerage system, located outside the 
15
corporate boundary of the
municipality and not owned by it, 
16
that directly or indirectly connects with
the municipality's 
17
sewerage system, which may be conducive to the
preservation of 
18
the public health, comfort, and convenience, and may render
the 
19
sewage carried in the sewerage system of the municipality 
20
harmless in
so far as it is reasonably possible to do so.

21
    The corporate authorities of such a municipality may, by 
22
ordinance,
charge the inhabitants thereof for the use and 
23
service of its sewerage
system whether by direct or indirect 
24
connection therewith within or without
the corporate boundary, 
 


 






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1
and to establish charges or rates for that purpose.
The 
2
corporate authorities of such a municipality may by ordinance 
3
charge
the users thereof, whether they be inside of or outside 
4
of the
municipality, for the use and service of its sewerage 
5
system whether by
direct or indirect connection therewith, 
6
within or without the corporate
boundary, and may establish 
7
charges or rates for that purpose, provided
however that where 
8
such users are residents of another municipality with
whom 
9
there is a contract for use and service of the sewerage system, 
10
then
such charges or rates shall be made in accordance with the 
11
terms of the
contract, either directly to the users or to the 
12
contracting municipality
as may be provided by the provisions 
13
of the contract. In making such rates
and charges the 
14
municipality may provide for a rate to the outside users in

15
excess of the rate fixed for the inhabitants of said 
16
municipality as may be
reasonable. Where bonds are issued as 
17
provided in Sections 11-141-2 and
11-141-3, the corporate 
18
authorities shall establish rates or charges as
provided in 
19
this section, and these charges or rates shall be sufficient at

20
all times to pay the cost of operation and maintenance, to 
21
provide an
adequate depreciation fund, and to pay the principal 
22
of and interest upon
all revenue bonds issued under Sections 
23
11-141-2 and 11-141-3.

24
    A depreciation fund is a fund for such replacements as may 
25
be necessary
from time to time for the continued effective and 
26
efficient operation of
the system. The depreciation fund shall 
27
not be allowed to accumulate beyond
a reasonable amount 
28
necessary for that purpose, and shall not be used for

29
extensions to the system.

30
    Charges or rates shall be established, revised, and 
31
maintained by
ordinance and become payable as the corporate 
32
authorities may determine by
ordinance.

33
    Such charges or rates are liens upon the real estate upon 
34
or for which
sewerage service is supplied whenever the charges 
 


 






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or rates become
delinquent as provided by the ordinance of the 
2
municipality fixing a
delinquency date. A lien is created under 
3
the preceding sentence only if the
municipality sends to the 
4
owner or owners of record, as referenced by the
taxpayer's 
5
identification number, of the real estate (i) a copy of each

6
delinquency notice sent to the person who is delinquent in 
7
paying the charges
or rates or other notice sufficient to 
8
inform the owner or owners of record, as
referenced by the 
9
taxpayer's identification number, that the charges or rates

10
have become delinquent and (ii) a notice that unpaid charges or 
11
rates may
create a lien on the real estate under this Section. 
12
However, the municipality
has no preference over the rights of 
13
any purchaser, mortgagee, judgment
creditor, or other lien 
14
holder arising prior to the filing of the notice of
such a lien 
15
in the office of the recorder of the county in which such real

16
estate is located, or in the office of the registrar of titles 
17
of such county
if the property affected is registered under "An 
18
Act concerning land titles",
approved May 1, 1897, as amended. 
19
This notice shall consist of a sworn
statement setting out (1) 
20
a description of such real estate sufficient for the

21
identification thereof, (2) the amount of money due for such 
22
sewerage service,
and (3) the date when such amount became 
23
delinquent. The municipality shall
send a copy of the notice of 
24
the lien to the owner or owners of
record of the real estate, 
25
as referenced by the taxpayer's identification
number. The 
26
municipality has the power to foreclose this lien in the same

27
manner and with the same effect as in the foreclosure of 
28
mortgages on real
estate.

29
    The municipality also has the power, from time to time, to 
30
sue the
occupant or user of that real estate in a civil action 
31
to recover money due
for sewerage services, plus a reasonable 
32
attorney's fee, to be fixed by the
court. However, whenever a 
33
judgment is entered in such a civil action, the
foregoing 
34
provisions in this section with respect to filing sworn

 


 






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statements of such delinquencies in the office of the recorder 
2
and
creating a lien against the real estate shall not be 
3
effective as to the
charges sued upon and no lien shall exist 
4
thereafter against the real
estate for the delinquency. 
5
Judgment in such a civil action operates as a
release and 
6
waiver of the lien upon the real estate for the amount of the

7
judgment.

8
(Source: P.A. 87-1197.)

 

9
    (Text of Section after amendment by P.A. 93-500)

10
    Sec. 11-141-7. Powers. The corporate authorities of any 
11
municipality that
owns and operates or that may hereafter own 
12
and operate a sewerage system
constructed or acquired under the 
13
provisions of any law of this state may
make, enact, and 
14
enforce all needful rules, regulations, and ordinances for
the 
15
improvement, care, and protection of its sewerage system and 
16
any other
sewer or sewerage system, located outside the 
17
corporate boundary of the
municipality and not owned by it, 
18
that directly or indirectly connects with
the municipality's 
19
sewerage system, which may be conducive to the
preservation of 
20
the public health, comfort, and convenience, and may render
the 
21
sewage carried in the sewerage system of the municipality 
22
harmless in
so far as it is reasonably possible to do so.

23
    The corporate authorities of such a municipality may, by 
24
ordinance,
charge the inhabitants thereof for the use and 
25
service of its sewerage
system whether by direct or indirect 
26
connection therewith within or without
the corporate boundary, 
27
and to establish charges or rates for that purpose.
The 
28
corporate authorities of such a municipality may by ordinance 
29
charge
the users thereof, whether they be inside of or outside 
30
of the
municipality, for the use and service of its sewerage 
31
system whether by
direct or indirect connection therewith, 
32
within or without the corporate
boundary, and may establish 
33
charges or rates for that purpose, provided
however that where 
 


 






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such users are residents of another municipality with
whom 
2
there is a contract for use and service of the sewerage system, 
3
then
such charges or rates shall be made in accordance with the 
4
terms of the
contract, either directly to the users or to the 
5
contracting municipality
as may be provided by the provisions 
6
of the contract. In making such rates
and charges the 
7
municipality may provide for a rate to the outside users in

8
excess of the rate fixed for the inhabitants of said 
9
municipality as may be
reasonable. Where bonds are issued as 
10
provided in Sections 11-141-2 and
11-141-3, the corporate 
11
authorities shall establish rates or charges as
provided in 
12
this section, and these charges or rates shall be sufficient at

13
all times to pay the cost of operation and maintenance, to 
14
provide an
adequate depreciation fund, and to pay the principal 
15
of and interest upon
all revenue bonds issued under Sections 
16
11-141-2 and 11-141-3.

17
    A depreciation fund is a fund for such replacements as may 
18
be necessary
from time to time for the continued effective and 
19
efficient operation of
the system. The depreciation fund shall 
20
not be allowed to accumulate beyond
a reasonable amount 
21
necessary for that purpose, and shall not be used for

22
extensions to the system.

23
    Charges or rates shall be established, revised, and 
24
maintained by
ordinance and become payable as the corporate 
25
authorities may determine by
ordinance.

26
    Such charges or rates are liens upon the real estate upon 
27
or for which
sewerage service is supplied whenever the charges 
28
or rates become
delinquent as provided by the ordinance of the 
29
municipality fixing a
delinquency date. A lien is created under 
30
the preceding sentence only if the
municipality sends to the 
31
owner or owners of record, as referenced by the
taxpayer's 
32
identification number, of the real estate (i) a copy of each

33
delinquency notice sent to the person who is delinquent in 
34
paying the charges
or rates or other notice sufficient to 
 


 






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inform the owner or owners of record, as
referenced by the 
2
taxpayer's identification number, that the charges or rates

3
have become delinquent and (ii) a notice that unpaid charges or 
4
rates may
create a lien on the real estate under this Section. 
5
However, the municipality
has no preference over the rights of 
6
any purchaser, mortgagee, judgment
creditor, or other lien 
7
holder arising prior to the filing of the notice of
such a lien 
8
in the office of the recorder of the county in which such real

9
estate is located, or in the office of the registrar of titles 
10
of such county
if the property affected is registered under "An 
11
Act concerning land titles",
approved May 1, 1897, as amended. 
12
This notice shall consist of a sworn
statement setting out (1) 
13
a description of such real estate sufficient for the

14
identification thereof, (2) the amount of money due for such 
15
sewerage service,
and (3) the date when such amount became 
16
delinquent. The municipality shall
send a copy of the notice of 
17
the lien to the owner or owners of
record of the real estate, 
18
as referenced by the taxpayer's identification
number. The 
19
municipality has the power to foreclose this lien in the same

20
manner and with the same effect as in the foreclosure of 
21
mortgages on real
estate.

22
    Except in counties with a population of more than 250,000 
23
where the majority
of the municipal sewerage system users are 
24
located outside of the
municipality's
corporate limits, the 
25
payment of delinquent charges for sewerage service or solid 
26
waste disposal service to
any premises may be enforced by 
27
discontinuing any one or more of
either the water service, the 
28
solid waste disposal service, or the
sewerage service to that 
29
premises, or both.
A rate or charge is delinquent if it is more 
30
than 30 days
overdue.  Any public or municipal corporation
or 
31
political
subdivision of the State furnishing water service to 
32
a premises (i) shall
discontinue that service upon receiving 
33
written notice from the municipality
providing sewerage 
34
service or solid waste disposal service that payment of the 
 


 






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rate or charge for
sewerage
or solid waste disposal service to 
2
the premises has become delinquent and (ii) shall not resume 
3
water
service until receiving a similar notice that the 
4
delinquency has been removed.
The provider of sewerage or solid 
5
waste disposal service shall not request discontinuation of 
6
water
service before sending a notice of the delinquency to the 
7
sewer user and
affording the user an opportunity to be heard.

8
An investor-owned public utility providing water service 
9
within a municipality
that provides sewerage service may 
10
contract with the municipality to
discontinue
water service to 
11
a premises with respect to which the
payment of a rate or 
12
charge for sewerage service has become delinquent.
The 
13
municipality shall reimburse the privately owned public 
14
utility, public or
municipal corporation, or
political 
15
subdivision of the State for the reasonable cost of the

16
discontinuance and the resumption of water service, any
lost 
17
water service revenues, and the costs of discontinuing water 
18
service.
The municipality shall indemnify the privately owned 
19
public utility, public or
municipal corporation, or political 
20
subdivision of the State for any judgment
and related 
21
attorney's fees resulting from an action based on any provision 
22
of
this paragraph. In this paragraph, "solid waste" means that 
23
term as it is defined in Section 3.470 of the Environmental 
24
Protection Act and also means "garbage", "refuse", and "ashes" 
25
as those terms are defined in Section 11-19-2 of this Code.


26
    The municipality also has the power, from time to time, to 
27
sue the
occupant or user of that real estate in a civil action 
28
to recover money due
for sewerage services, plus a reasonable 
29
attorney's fee, to be fixed by the
court. However, whenever a 
30
judgment is entered in such a civil action, the
foregoing 
31
provisions in this section with respect to filing sworn

32
statements of such delinquencies in the office of the recorder 
33
and
creating a lien against the real estate shall not be 
34
effective as to the
charges sued upon and no lien shall exist 
 


 






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thereafter against the real
estate for the delinquency. 
2
Judgment in such a civil action operates as a
release and 
3
waiver of the lien upon the real estate for the amount of the

4
judgment.

5
(Source: P.A. 93-500, eff. 6-1-04.)

 



6
    (65 ILCS 5/11-141-16)  (from Ch. 24, par. 11-141-16)


7
    (Text of Section before amendment by P.A. 93-500)

8
    Sec. 11-141-16. If after the public hearing the corporate 
9
authorities of
the municipality adopt a resolution to proceed 
10
with the construction or
acquisition of the project, the 
11
corporate authorities may make and enforce
all needful rules 
12
and regulations in connection with the construction,

13
acquisition, improvement, or extension, and with the 
14
management and maintenance
of the project to be constructed or 
15
acquired. The corporate authorities also
may establish the rate 
16
or charge to each user of the sewerage system or
improvement or 
17
extension at a rate which will be sufficient to pay the

18
principal and interest of any bonds, issued to pay the cost 
19
thereof,
maintenance, and operation of the system, 
20
improvement, or extension and may
provide an adequate 
21
depreciation fund therefor. Charges or rates shall be

22
established, revised, and maintained by ordinance and become 
23
payable as the
corporate authorities may determine by 
24
ordinance. Such charges or rates are
liens upon the real estate 
25
upon or for which sewerage service is supplied
whenever the 
26
charges or rates become delinquent as provided by the ordinance 
27
of
the municipality fixing a delinquency date. A lien is 
28
created under the
preceding sentence only if the municipality 
29
sends to the owner or owners of
record of the real estate, as 
30
referenced by the taxpayer's identification
number, (i) a copy 
31
of each delinquency notice sent to the person who is
delinquent 
32
in paying the charges or rates or other notice sufficient to 
33
inform
the owner or owners of record, as referenced by the 
 


 






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1
taxpayer's identification
number, that the charges or rates 
2
have become delinquent and (ii) a notice that
unpaid charges or 
3
rates may create a lien on the real estate under this
Section. 
4
However, the municipality has no preference over the rights of 
5
any
purchaser, mortgagee, judgment creditor, or other lien 
6
holder arising prior to
the filing of the notice of such a lien 
7
in the office of the recorder of the
county in which such real 
8
estate is located or in the office of the registrar
of titles 
9
of such county if the property affected is registered under "An 
10
Act
concerning land titles", approved May 1, 1897, as amended. 
11
This notice shall
consist of a sworn statement setting out (1) 
12
a description of such real estate
sufficient for the 
13
identification thereof, (2) the amount of money due for such

14
sewerage service, and (3) the date when such amount became 
15
delinquent, (4) the
owner of record of the premises. The 
16
municipality shall send a copy of the
notice of the lien to the 
17
owner or owners of record of the real estate, as
referenced by 
18
the taxpayer's identification number. The municipality may

19
foreclose this lien in the same manner and with the same effect 
20
as in the
foreclosure of mortgages on real estate.

21
    The municipality also may, from time to time, sue the 
22
occupant or user
of the real estate in a civil action to 
23
recover the money due for sewerage
services, plus a reasonable 
24
attorney's fee, to be fixed by the court. However,
whenever a 
25
judgment is entered in such a civil action, the foregoing 
26
provision
in this section with respect to filing sworn 
27
statements of such delinquencies
in the office of the recorder 
28
and creating a lien against the
real estate shall not be 
29
effective as to the charges sued upon and no lien
shall exist 
30
thereafter against the real estate for that delinquency. 
31
Judgment
in such a civil action operates as a release and 
32
waiver of the lien upon
the real estate for the amount of the 
33
judgment. The charge provided in this
section to be made 
34
against each user of an improvement or extension shall
be in 
 


 






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1
addition to the charge, if any, made of all users of the system 
2
under
Section 11-141-7 and shall be kept separate and distinct 
3
therefrom.

4
    This amendatory Act of 1975 is not a limit on any 
5
municipality which is
a home rule unit.

6
(Source: P.A. 87-1197.)

 

7
    (Text of Section after amendment by P.A. 93-500)

8
    Sec. 11-141-16. Powers; particular locality. If after the 
9
public hearing
the corporate authorities of
the municipality 
10
adopt a resolution to proceed with the construction or

11
acquisition of the project, the corporate authorities may make 
12
and enforce
all needful rules and regulations in connection 
13
with the construction,
acquisition, improvement, or extension, 
14
and with the management and maintenance
of the project to be 
15
constructed or acquired. The corporate authorities also
may 
16
establish the rate or charge to each user of the sewerage 
17
system or
improvement or extension at a rate which will be 
18
sufficient to pay the
principal and interest of any bonds, 
19
issued to pay the cost thereof,
maintenance, and operation of 
20
the system, improvement, or extension and may
provide an 
21
adequate depreciation fund therefor. Charges or rates shall be

22
established, revised, and maintained by ordinance and become 
23
payable as the
corporate authorities may determine by 
24
ordinance. Such charges or rates are
liens upon the real estate 
25
upon or for which sewerage service is supplied
whenever the 
26
charges or rates become delinquent as provided by the ordinance 
27
of
the municipality fixing a delinquency date. A lien is 
28
created under the
preceding sentence only if the municipality 
29
sends to the owner or owners of
record of the real estate, as 
30
referenced by the taxpayer's identification
number, (i) a copy 
31
of each delinquency notice sent to the person who is
delinquent 
32
in paying the charges or rates or other notice sufficient to 
33
inform
the owner or owners of record, as referenced by the 
 


 






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1
taxpayer's identification
number, that the charges or rates 
2
have become delinquent and (ii) a notice that
unpaid charges or 
3
rates may create a lien on the real estate under this
Section. 
4
However, the municipality has no preference over the rights of 
5
any
purchaser, mortgagee, judgment creditor, or other lien 
6
holder arising prior to
the filing of the notice of such a lien 
7
in the office of the recorder of the
county in which such real 
8
estate is located or in the office of the registrar
of titles 
9
of such county if the property affected is registered under "An 
10
Act
concerning land titles", approved May 1, 1897, as amended. 
11
This notice shall
consist of a sworn statement setting out (1) 
12
a description of such real estate
sufficient for the 
13
identification thereof, (2) the amount of money due for such

14
sewerage service, and (3) the date when such amount became 
15
delinquent, (4) the
owner of record of the premises. The 
16
municipality shall send a copy of the
notice of the lien to the 
17
owner or owners of record of the real estate, as
referenced by 
18
the taxpayer's identification number. The municipality may

19
foreclose this lien in the same manner and with the same effect 
20
as in the
foreclosure of mortgages on real estate.

21
    Except in counties with a population of more than 250,000 
22
where the
majority
of the municipal sewerage
system users are 
23
located outside of the municipality's corporate limits, the

24
payment of delinquent charges for sewerage service or solid 
25
waste disposal service to any premises may be
enforced by 
26
discontinuing any one or more of
either the water service, the 
27
solid waste disposal service, or the sewerage service to
that 
28
premises, or both.
A rate or charge is delinquent if it is more 
29
than 30 days
overdue.  Any public or municipal corporation
or 
30
political
subdivision of the State furnishing water service to 
31
a premises (i) shall
discontinue that service upon receiving 
32
written notice from the municipality
providing sewerage or 
33
solid waste disposal service that payment of the rate or charge 
34
for
sewerage
or solid waste disposal service to the premises 
 


 






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1
has become delinquent and (ii) shall not resume water
service 
2
until receiving a similar notice that the delinquency has been 
3
removed.
The provider of sewerage service or solid waste 
4
disposal service shall not request discontinuation of water

5
service before sending a notice of the delinquency to the sewer

6
user and
affording the user an opportunity to be heard.
An 
7
investor-owned public utility providing water service within a 
8
municipality
that provides sewerage service may contract with 
9
the municipality to
discontinue
water service to a premises 
10
with respect to which the
payment of a rate or charge for 
11
sewerage service has become delinquent.
The municipality shall 
12
reimburse the privately owned public utility, public or

13
municipal corporation, or
political subdivision of the State 
14
for the reasonable cost of the
discontinuance and the 
15
resumption of water service, any
lost water service revenues, 
16
and the costs of discontinuing water service.
The municipality 
17
shall indemnify the privately owned public utility, public or

18
municipal corporation, or political subdivision of the State 
19
for any judgment
and related attorney's fees resulting from an 
20
action based on any provision of
this paragraph. In this 
21
paragraph, "solid waste" means that term as it is defined in 
22
Section 3.470 of the Environmental Protection Act and also 
23
means "garbage", "refuse", and "ashes" as those terms are 
24
defined in Section 11-19-2 of this Code.

25
    The municipality also may, from time to time, sue the 
26
occupant or user
of the real estate in a civil action to 
27
recover the money due for sewerage
services, plus a reasonable 
28
attorney's fee, to be fixed by the court. However,
whenever a 
29
judgment is entered in such a civil action, the foregoing 
30
provision
in this section with respect to filing sworn 
31
statements of such delinquencies
in the office of the recorder 
32
and creating a lien against the
real estate shall not be 
33
effective as to the charges sued upon and no lien
shall exist 
34
thereafter against the real estate for that delinquency. 
 


 






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1
Judgment
in such a civil action operates as a release and 
2
waiver of the lien upon
the real estate for the amount of the 
3
judgment. The charge provided in this
section to be made 
4
against each user of an improvement or extension shall
be in 
5
addition to the charge, if any, made of all users of the system 
6
under
Section 11-141-7 and shall be kept separate and distinct 
7
therefrom.

8
    This amendatory Act of 1975 is not a limit on any 
9
municipality which is
a home rule unit.

10
(Source: P.A. 93-500, eff. 6-1-04.)

 
11
    Section 95. No acceleration or delay.  Where this Act makes 
12
changes in a
statute that is represented in this Act by text 
13
that is not yet or no longer in
effect (for example, a Section 
14
represented by multiple versions), the use of
that text does 
15
not accelerate or delay the taking effect of (i) the changes

16
made by this Act or (ii) provisions derived from any other 
17
Public Act.

 

18
    Section 99. Effective date. This Act takes effect June 1, 
19
2004.".