093_HB3231eng

 
HB3231 Engrossed                     LRB093 07787 BDD 07976 b

 1        AN ACT concerning sanitation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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        Sec. 11-141-7.  Powers.  The corporate authorities of any
 8    municipality that owns and operates or that may hereafter own
 9    and  operate  a sewerage system constructed or acquired under
10    the provisions of any law of this state may make, enact,  and
11    enforce  all  needful  rules, regulations, and ordinances for
12    the improvement, care, and protection of its sewerage  system
13    and  any  other sewer or sewerage system, located outside the
14    corporate boundary of the municipality and not owned  by  it,
15    that  directly or indirectly connects with the municipality's
16    sewerage system, which may be conducive to  the  preservation
17    of  the  public  health,  comfort,  and  convenience, and may
18    render the sewage carried  in  the  sewerage  system  of  the
19    municipality  harmless in so far as it is reasonably possible
20    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
25    boundary, and to establish charges or rates for that purpose.
26    The corporate authorities  of  such  a  municipality  may  by
27    ordinance charge the users thereof, whether they be inside of
28    or  outside  of  the municipality, for the use and service of
29    its sewerage system whether by direct or indirect  connection
30    therewith,  within or without the corporate boundary, and may
31    establish charges or rates for that purpose, provided however
 
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 1    that where such users are residents of  another  municipality
 2    with  whom  there  is  a  contract for use and service of the
 3    sewerage system, then such charges or rates shall be made  in
 4    accordance with the terms of the contract, either directly to
 5    the  users  or  to  the  contracting  municipality  as may be
 6    provided by the provisions of the contract.  In  making  such
 7    rates  and charges the municipality may provide for a rate to
 8    the outside users  in  excess  of  the  rate  fixed  for  the
 9    inhabitants  of said municipality as may be reasonable. Where
10    bonds  are  issued  as  provided  in  Sections  11-141-2  and
11    11-141-3, the corporate authorities shall establish rates  or
12    charges  as  provided  in  this section, and these charges or
13    rates shall be sufficient at all times to  pay  the  cost  of
14    operation   and   maintenance,   to   provide   an   adequate
15    depreciation  fund,  and to pay the principal of and interest
16    upon all revenue bonds issued  under  Sections  11-141-2  and
17    11-141-3.
18        A  depreciation  fund  is a fund for such replacements as
19    may  be  necessary  from  time  to  time  for  the  continued
20    effective  and  efficient  operation  of  the   system.   The
21    depreciation fund shall not be allowed to accumulate beyond a
22    reasonable  amount  necessary for that purpose, and shall not
23    be used for extensions to the system.
24        Charges or  rates  shall  be  established,  revised,  and
25    maintained  by  ordinance and become payable as the corporate
26    authorities may determine by ordinance.
27        Such charges or rates are liens upon the real estate upon
28    or for  which  sewerage  service  is  supplied  whenever  the
29    charges  or  rates  become  delinquent  as  provided  by  the
30    ordinance  of  the  municipality fixing a delinquency date. A
31    lien is created under the  preceding  sentence  only  if  the
32    municipality  sends  to  the  owner  or  owners of record, as
33    referenced by the taxpayer's identification  number,  of  the
34    real estate (i) a copy of each delinquency notice sent to the
 
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 1    person  who  is  delinquent in paying the charges or rates or
 2    other notice sufficient to inform  the  owner  or  owners  of
 3    record,   as  referenced  by  the  taxpayer's  identification
 4    number, that the charges or rates have become delinquent  and
 5    (ii)  a notice that unpaid charges or rates may create a lien
 6    on  the  real  estate  under  this  Section.   However,   the
 7    municipality  has  no  preference  over  the  rights  of  any
 8    purchaser, mortgagee, judgment creditor, or other lien holder
 9    arising  prior  to the filing of the notice of such a lien in
10    the office of the recorder of the county in which  such  real
11    estate  is  located,  or  in  the  office of the registrar of
12    titles of such county if the property affected is  registered
13    under  "An Act concerning land titles", approved May 1, 1897,
14    as amended. This notice shall consist of  a  sworn  statement
15    setting  out (1) a description of such real estate sufficient
16    for the identification thereof, (2) the amount of  money  due
17    for  such sewerage service, and (3) the date when such amount
18    became delinquent. The municipality shall send a copy of  the
19    notice  of  the  lien to the owner or owners of record of the
20    real estate, as referenced by the  taxpayer's  identification
21    number. The municipality has the power to foreclose this lien
22    in  the  same  manner  and  with  the  same  effect as in the
23    foreclosure of mortgages on real estate.
24        Except in counties with a population of more than 250,000
25    where the majority of the municipal sewerage system users are
26    located outside of the municipality's corporate  limits,  the
27    payment  of  delinquent  charges  for sewerage service to any
28    premises may be enforced by discontinuing  either  the  water
29    service  or the sewerage service to that premises, or both. A
30    rate or charge is delinquent if  it  is  more  than  30  days
31    overdue.   Any  public  or municipal corporation or political
32    subdivision of  the  State  furnishing  water  service  to  a
33    premises  (i)  shall  discontinue that service upon receiving
34    written  notice  from  the  municipality  providing  sewerage
 
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 1    service that payment of  the  rate  or  charge  for  sewerage
 2    service  to the premises has become delinquent and (ii) shall
 3    not resume water service until  receiving  a  similar  notice
 4    that  the  delinquency  has  been  removed.  The  provider of
 5    sewerage service shall not request discontinuation  of  water
 6    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
11    to  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
22    provision of this paragraph.
23        The  municipality  also has the power, from time to time,
24    to sue the occupant or user of that real estate  in  a  civil
25    action  to  recover  money  due for sewerage services, plus a
26    reasonable attorney's fee, to be fixed by the court. However,
27    whenever a judgment is entered in such a  civil  action,  the
28    foregoing  provisions  in this section with respect to filing
29    sworn statements of such delinquencies in the office  of  the
30    recorder  and  creating  a lien against the real estate shall
31    not be effective as to the charges  sued  upon  and  no  lien
32    shall  exist  thereafter  against  the  real  estate  for the
33    delinquency. Judgment in such a civil action  operates  as  a
34    release  and  waiver of the lien upon the real estate for the
 
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 1    amount of the judgment.
 2    (Source: P.A. 87-1197.)

 3        (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
 4        Sec. 11-141-16. Powers;  particular  locality.  If  after
 5    the   public   hearing   the  corporate  authorities  of  the
 6    municipality  adopt  a  resolution  to   proceed   with   the
 7    construction  or  acquisition  of  the project, the corporate
 8    authorities may  make  and  enforce  all  needful  rules  and
 9    regulations in connection with the construction, acquisition,
10    improvement,  or  extension,  and  with  the  management  and
11    maintenance of the project to be constructed or acquired. The
12    corporate  authorities  also may establish the rate or charge
13    to each  user  of  the  sewerage  system  or  improvement  or
14    extension  at  a  rate  which  will  be sufficient to pay the
15    principal and interest of any bonds, issued to pay  the  cost
16    thereof,   maintenance,   and   operation   of   the  system,
17    improvement,  or  extension  and  may  provide  an   adequate
18    depreciation   fund  therefor.  Charges  or  rates  shall  be
19    established, revised, and maintained by ordinance and  become
20    payable   as  the  corporate  authorities  may  determine  by
21    ordinance. Such charges or rates  are  liens  upon  the  real
22    estate  upon  or  for  which  sewerage  service  is  supplied
23    whenever  the  charges or rates become delinquent as provided
24    by the ordinance of the  municipality  fixing  a  delinquency
25    date.  A lien is created under the preceding sentence only if
26    the municipality sends to the owner or owners  of  record  of
27    the   real   estate,   as   referenced   by   the  taxpayer's
28    identification number, (i) a copy of each delinquency  notice
29    sent to the person who is delinquent in paying the charges or
30    rates  or  other  notice  sufficient  to  inform the owner or
31    owners  of  record,   as   referenced   by   the   taxpayer's
32    identification  number, that the charges or rates have become
33    delinquent and (ii) a notice that unpaid charges or rates may
 
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 1    create a lien on the real estate under this Section. However,
 2    the municipality has no preference over  the  rights  of  any
 3    purchaser, mortgagee, judgment creditor, or other lien holder
 4    arising  prior  to the filing of the notice of such a lien in
 5    the office of the recorder of the county in which  such  real
 6    estate is located or in the office of the registrar of titles
 7    of  such  county if the property affected is registered under
 8    "An Act concerning land titles", approved  May  1,  1897,  as
 9    amended.  This  notice  shall  consist  of  a sworn statement
10    setting out (1) a description of such real estate  sufficient
11    for  the  identification thereof, (2) the amount of money due
12    for such sewerage service, and (3) the date when such  amount
13    became  delinquent,  (4) the owner of record of the premises.
14    The municipality shall send a copy of the notice of the  lien
15    to  the  owner  or  owners  of  record of the real estate, as
16    referenced  by  the  taxpayer's  identification  number.  The
17    municipality may foreclose this lien in the same  manner  and
18    with  the  same  effect as in the foreclosure of mortgages on
19    real estate.
20        Except in counties with a population of more than 250,000
21    where the majority of the municipal sewerage system users are
22    located outside of the municipality's corporate  limits,  the
23    payment  of  delinquent  charges  for sewerage service to any
24    premises may be enforced by discontinuing  either  the  water
25    service  or the sewerage service to that premises, or both. A
26    rate or charge is delinquent if  it  is  more  than  30  days
27    overdue.   Any  public  or municipal corporation or political
28    subdivision of  the  State  furnishing  water  service  to  a
29    premises  (i)  shall  discontinue that service upon receiving
30    written  notice  from  the  municipality  providing  sewerage
31    service that payment of  the  rate  or  charge  for  sewerage
32    service  to the premises has become delinquent and (ii) shall
33    not resume water service until  receiving  a  similar  notice
34    that  the  delinquency  has  been  removed.  The  provider of
 
HB3231 Engrossed            -7-      LRB093 07787 BDD 07976 b
 1    sewerage service shall not request discontinuation  of  water
 2    service  before  sending  a  notice of the delinquency to the
 3    sewer user and affording the user an opportunity to be heard.
 4    An investor-owned  public  utility  providing  water  service
 5    within  a  municipality  that  provides  sewerage service may
 6    contract with the municipality to discontinue  water  service
 7    to  a premises with respect to which the payment of a rate or
 8    charge for sewerage  service  has  become  delinquent.    The
 9    municipality  shall  reimburse  the  privately  owned  public
10    utility,   public  or  municipal  corporation,  or  political
11    subdivision of the State  for  the  reasonable  cost  of  the
12    discontinuance  and the resumption of water service, any lost
13    water service revenues, and the costs of discontinuing  water
14    service. The municipality shall indemnify the privately owned
15    public utility, public or municipal corporation, or political
16    subdivision  of  the  State  for  any  judgment  and  related
17    attorney's  fees  resulting  from  an  action  based  on  any
18    provision of this paragraph.
19        The  municipality  also  may,  from time to time, sue the
20    occupant or user of the real estate  in  a  civil  action  to
21    recover   the   money  due  for  sewerage  services,  plus  a
22    reasonable attorney's fee, to be fixed by the court. However,
23    whenever a judgment is entered in such a  civil  action,  the
24    foregoing  provision  in  this section with respect to filing
25    sworn statements of such delinquencies in the office  of  the
26    recorder  and  creating  a lien against the real estate shall
27    not be effective as to the charges  sued  upon  and  no  lien
28    shall  exist  thereafter  against  the  real  estate for that
29    delinquency. Judgment in such a civil action  operates  as  a
30    release  and  waiver of the lien upon the real estate for the
31    amount of the judgment. The charge provided in  this  section
32    to  be  made against each user of an improvement or extension
33    shall be in addition to the charge, if any, made of all users
34    of the system  under  Section  11-141-7  and  shall  be  kept
 
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 1    separate and distinct therefrom.
 2        This  amendatory  Act  of  1975  is  not  a  limit on any
 3    municipality which is a home rule unit.
 4    (Source: P.A. 87-1197.)

 5        Section 10.  The Sanitary District Revenue  Bond  Act  is
 6    amended by changing Sections 1 and 7 as follows:

 7        (70 ILCS 3010/1) (from Ch. 42, par. 319.1)
 8        Sec. 1. When used in this Act:
 9        "Sewerage  system"  means  and includes any or all of the
10    following: a sewage treatment plant  or  plants,  collecting,
11    intercepting   and  outlet  sewers,  force  mains,  conduits,
12    lateral sewers  and  extensions,  pumping  stations,  ejector
13    stations,   and   all  other  appurtenances,  extensions,  or
14    improvements necessary  or  useful  and  convenient  for  the
15    collection, treatment, and disposal, in a sanitary manner, of
16    sewage  and  industrial  wastes.  The  term also includes the
17    disconnection of storm water drains and constructing  outlets
18    therefor,  where,  in  any  case,  such  work is necessary to
19    relieve existing sanitary sewers of  storm  water  loads,  in
20    order  to  permit  the  efficient  operation of such sanitary
21    sewers for collection, treatment, and disposal of sewage  and
22    industrial wastes.
23        "Sanitary  district"  means a sanitary district organized
24    and created under any of the laws of the  State  of  Illinois
25    having  a  population  of  less than 500,000 and also means a
26    sanitary district organized under the  North  Shore  Sanitary
27    District Act and any drainage district which comes within the
28    terms  of "An Act relating to drainage districts that collect
29    and convey sewage and other wastes  through  long,  continued
30    and common usage of district drainage facilities", enacted by
31    the 73rd General Assembly.
32        "Board  of  trustees"  means  the  board of trustees of a
 
HB3231 Engrossed            -9-      LRB093 07787 BDD 07976 b
 1    sanitary  district  or  the  commissioners  of   a   drainage
 2    district.
 3        "Municipality"  means  a  city,  village, or incorporated
 4    town in the State of Illinois having  a  population  of  less
 5    than 500,000.
 6        "Corporate authorities" means the city council or similar
 7    body  of  cities and the board of trustees or similar body of
 8    villages or incorporated towns.
 9    (Source: Laws 1963, p. 2986.)

10        (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
11        Sec. 7. The board of trustees of  any  sanitary  district
12    that  owns and operates or that may hereafter own and operate
13    a  sewerage  system  constructed  or   acquired   under   the
14    provisions  of  any  law of this State has the power to make,
15    enact, and enforce all needful rules and regulations  in  the
16    construction,     acquisition,     improvement,    extension,
17    management, and maintenance of its sewerage  system  and  for
18    the  use  thereof.  The  board of trustees of such a sanitary
19    district also has the power to make, enact, and  enforce  all
20    needful   rules,   regulations,   and   ordinances   for  the
21    improvement, care, and protection  of  its  sewerage  system,
22    which  may  be  conducive  to  the preservation of the public
23    health, comfort, and convenience, and to render the sewage of
24    the sanitary district harmless in so far as it is  reasonably
25    possible to do so.
26        The board of trustees of such a sanitary district has the
27    power,  by  ordinance,  to charge the inhabitants thereof for
28    the use and service of its sewerage system and  to  establish
29    charges  or rates for that purpose. Where bonds are issued as
30    provided in sections 2 and  3  of  this  Act,  the  board  of
31    trustees shall establish rates or charges as provided in this
32    section,  and  these  charges or rates shall be sufficient at
33    all times to pay the cost of operation  and  maintenance,  to
 
HB3231 Engrossed            -10-     LRB093 07787 BDD 07976 b
 1    provide  an  adequate  depreciation  fund,  and  to  pay  the
 2    principal of and interest upon all revenue bonds issued under
 3    sections 2 and 3 hereof.
 4        A  depreciation  fund  is a fund for such replacements as
 5    may  be  necessary  from  time  to  time  for  the  continued
 6    effective  and  efficient  operation  of  the   system.   The
 7    depreciation fund shall not be allowed to accumulate beyond a
 8    reasonable  amount  necessary for that purpose, and shall not
 9    be used for extensions to the system.
10        Charges or  rates  shall  be  established,  revised,  and
11    maintained  by  ordinance  and become payable as the board of
12    trustees may determine by ordinance. Such  charges  or  rates
13    shall  be  liens  upon  the  real  estate  upon  or for which
14    sewerage service is supplied; provided, however,  such  liens
15    shall  not  attach  to such real estate until such charges or
16    rates have become delinquent as provided by the ordinance  of
17    the  sanitary  district  fixing a delinquency date. A lien is
18    created under the preceding sentence  only  if  the  sanitary
19    district  sends  to the owner or owners of record of the real
20    estate,  as  referenced  by  the  taxpayer's   identification
21    number,  (i)  a  copy  of each delinquency notice sent to the
22    person who is delinquent in paying the charges  or  rates  or
23    other  notice  sufficient  to  inform  the owner or owners of
24    record,  as  referenced  by  the  taxpayer's   identification
25    number,  that the charges or rates have become delinquent and
26    (ii) a notice that unpaid charges or rates may create a  lien
27    on  the  real  estate  under  this  Section.  Nothing in this
28    Section shall be construed to give the  sanitary  district  a
29    preference  over  the  rights  of  any  purchaser, mortgagee,
30    judgment creditor or other lien holder arising prior  to  the
31    filing  in  the office of the recorder of the county in which
32    such real  estate  is  located,  or  in  the  office  of  the
33    registrar  of  titles of such county if the property affected
34    is registered under the Torrens System,  of  notice  of  said
 
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 1    lien.   The notice shall consist of a sworn statement setting
 2    out (1) a description of the real estate sufficient  for  the
 3    identification  thereof,  upon  or  for  which  the  sewerage
 4    service  was supplied, (2) the amount or amounts of money due
 5    for such sewerage service, and (3) the  date  or  dates  when
 6    such  amount  or  amounts  became  delinquent.  The  sanitary
 7    district  shall  send a copy of the notice of the lien to the
 8    owner or owners of record of the real estate,  as  referenced
 9    by   the   taxpayer's  identification  number.  The  sanitary
10    district shall have the power to foreclose such lien in  like
11    manner  and  with  like  effect  as  in  the  foreclosure  of
12    mortgages on real estate.
13        The payment of delinquent charges for sewerage service to
14    any  premises  may  be  enforced  by discontinuing either the
15    water service or the sewerage service to  that  premises,  or
16    both.   A  rate or charge is delinquent if it is more than 30
17    days  overdue.   Any  public  or  municipal  corporation   or
18    political  subdivision  of the State furnishing water service
19    to  a  premises  (i)  shall  discontinue  that  service  upon
20    receiving written notice from the sanitary district in  which
21    the  premises  lies  that  payment  of the rate or charge for
22    sewerage service to the premises has  become  delinquent  and
23    (ii) shall not resume water service until receiving a similar
24    notice that the delinquency has been removed. The provider of
25    sewerage  service  shall not request discontinuation of water
26    service before sending a notice of  the  delinquency  to  the
27    sewer user and affording the user an opportunity to be heard.
28    The sanitary district shall reimburse the public or municipal
29    corporation  or  political  subdivision  of the State for the
30    reasonable cost of the discontinuance and the  resumption  of
31    water  service.   The sanitary district may contract with any
32    privately owned public  utility  for  the  discontinuance  of
33    water service to a premises with respect to which the payment
34    of   a  rate  or  charge  for  sewerage  service  has  become
 
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 1    delinquent. The sanitary district shall reimburse  the  water
 2    service  provider for any lost water service revenues and the
 3    costs of discontinuing water service, and shall indemnify the
 4    water  service  provider  for  any   judgment   and   related
 5    attorney's  fees  resulting  from  an  action  based  on  any
 6    provision of this paragraph.
 7        The  sanitary  district  also has the power, from time to
 8    time, to sue the owner, occupant or user of that real estate,
 9    or a person receiving any direct  or  indirect  benefit  from
10    such  services,  in  a  civil action to recover money due for
11    sewerage services, plus a reasonable attorney's  fee,  to  be
12    fixed  by  the  court;  provided,  however, that the sanitary
13    district shall give notice of its  intention  to  bring  such
14    action to the owner of record by regular mail not less than 7
15    days prior to filing such civil action.
16        Judgment  in  a  civil  action  brought  by  the sanitary
17    district to recover or collect such charges shall not operate
18    as a release or waiver of the lien upon the real  estate  for
19    the  amount  of  the  judgment.   Only  satisfaction  of  the
20    judgment  or the filing of a release and satisfaction of lien
21    shall release said lien.  The lien for charges on account  of
22    services  or  benefits  provided  for in this Section and the
23    rights created hereunder shall be in addition to and  not  in
24    derogation  of  the  lien  upon  real  estate  created by and
25    imposed for general real estate taxes.
26    (Source: P.A. 87-1197.)