Illinois General Assembly - Full Text of HB0825
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Full Text of HB0825  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Kelly M. Burke


65 ILCS 5/11-139-1  from Ch. 24, par. 11-139-1
65 ILCS 5/11-139-8  from Ch. 24, par. 11-139-8

    Amends the Combined Waterworks and Sewerage Systems Division of the Illinois Municipal Code. Modifies the definition of "sewerage system" to include storm water collection, treatment, and distribution infrastructure and disposal of storm water. Provides that charges a municipality may charge to inhabitants include storm water utility charges to offset the cost of owning, maintaining, and improving local storm water infrastructure.

LRB101 04691 AWJ 49700 b






HB0825LRB101 04691 AWJ 49700 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-139-1 and 11-139-8 as follows:
6    (65 ILCS 5/11-139-1)  (from Ch. 24, par. 11-139-1)
7    Sec. 11-139-1. When used in this Division 139, "waterworks"
8means and includes a waterworks system in its entirety or any
9integral part thereof, including mains, hydrants, meters,
10values, standpipes, storage tanks, pump tanks, intakes, wells,
11impounding reservoirs, pumps, machinery, purification plants,
12softening apparatus, and all other elements, useful in
13connection with a water supply or water distribution system.
14    "Sewerage system" means and includes any or all of the
15following: a sewerage treatment plant or plants, collecting,
16intercepting and outlet sewers, lateral sewers, and drains,
17including combined and separate storm water collection,
18treatment, and distribution infrastructure, and sanitary
19drains, force mains, conduits, pumping stations, ejector
20stations, and all other appurtenances, extensions, and
21improvements necessary, useful, or convenient for the
22collection, treatment, and disposal in a sanitary manner of
23storm water, sewage, and industrial wastes.



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1    "Combined waterworks and sewerage system" means and
2includes a waterworks and sewerage system, which the
3municipality determines by ordinance to operate in
5(Source: Laws 1963, p. 2433.)
6    (65 ILCS 5/11-139-8)  (from Ch. 24, par. 11-139-8)
7    Sec. 11-139-8. The corporate authorities of any
8municipality availing itself of this Division 139 may (1) make,
9enact, and enforce all needful rules and regulations for the
10acquisition, construction, extension, improvement, management,
11and maintenance of the combined waterworks and sewerage system
12of the municipality and for the use thereof, (2) make, enact,
13and enforce all needful rules, regulations, and ordinances for
14the care and protection of such a system, which may be
15conducive to the preservation of the public health, comfort,
16and convenience and to rendering the water supply of the
17municipality pure and the sewerage harmless insofar as it is
18reasonably possible to do so, and (3) charge the inhabitants
19thereof a reasonable compensation for the use and service of
20the combined waterworks and sewerage system, including, but not
21limited to, storm water utility charges to offset the cost of
22owning, maintaining, and improving local storm water
23infrastructure, and to establish rates for that purpose.
24Separate rates may be fixed for the water and sewer services
25respectively or single rates may be fixed for the combined



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1water and sewer services. Separate rates may be fixed for any
2water services to any other municipality and separate sewer
3rates to any industrial establishment for the purposes set
4forth in Section 11-139-2. These rates, whether separate or
5combined, shall be sufficient at all times to (1) pay the cost
6of operation and maintenance of the combined waterworks and
7sewerage system, (2) provide an adequate depreciation fund, and
8(3) pay the principal of and interest upon all revenue bonds
9issued under this Division. Rates shall be established,
10revised, and maintained by ordinance and become payable as the
11corporate authorities may determine by ordinance.
12    Whenever a municipality shall issue revenue bonds as
13provided by this Division to pay the cost of the extension or
14improvement of its combined waterworks and sewerage system or
15any part thereof to serve a particular area of the
16municipality, the municipality may vary its rates to be charged
17for the water and sewer services of the system or for either of
18them effective upon the issuance of bonds as provided by this
19division to pay the cost of the extension or improvement of its
20combined waterworks or sewerage system or any part thereof to
21serve a particular area of a municipality so that the rates to
22be charged for services in the particular area to be served by
23such extension or improvement shall be calculated to produce,
24in addition to the revenues generally to be produced by such
25rates, sufficient funds to pay the principal of and interest
26upon the revenue bonds issued to pay the cost of such extension



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1or improvement for that particular area.
2    Such charges or rates are liens upon the real estate upon
3or for which service is supplied whenever the charges or rates
4become delinquent as provided by the ordinance of the
5municipality fixing a delinquency date; except the charges or
6rates established by contract for the supply of water to
7another municipality. A lien is created under the preceding
8sentence only if the municipality sends to the owner or owners
9of record of the real estate, as referenced by the taxpayer's
10identification number, (i) a copy of each delinquency notice
11sent to the person who is delinquent in paying the charges or
12rates or other notice sufficient to inform the owner or owners
13of record, as referenced by the taxpayer's identification
14number, that the charges or rates have become delinquent and
15(ii) a notice that unpaid charges or rates may create a lien on
16the real estate under this Section. However, the municipality
17has no preference over the rights of any purchaser, mortgagee,
18judgment creditor, or other lien holder arising prior to the
19filing of the notice of such a lien in the office of the
20recorder of the county in which such real estate is located, or
21in the office of the registrar of titles of such county if the
22property affected is registered under "An Act concerning land
23titles", approved May 1, 1897, as amended. This notice shall
24consist of a sworn statement setting out (1) a description of
25such real estate sufficient for the identification thereof, (2)
26the amount of money due for such service, and (3) the date when



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1such amount became delinquent. The municipality shall send a
2copy of the notice of the lien to the owner or owners of record
3of the real estate, as referenced by the taxpayer's
4identification number. The municipality has the power to
5foreclose this lien in the same manner and with the same effect
6as in the foreclosure of mortgages on real estate.
7    The municipality also has the power, from time to time, to
8sue the occupant or user of the real estate in a civil action
9to recover the money due for services rendered, plus a
10reasonable attorney's fee, to be fixed by the court. Whenever a
11judgment is entered in such a civil action the foregoing
12provisions in this section with respect to filing sworn
13statements of such delinquencies in the office of the recorder
14and creating a lien against the real estate shall not be
15effective thereafter as to charges sued upon and no lien shall
16exist thereafter against the real estate for the delinquency.
17Judgment in such a civil action operates as a release and
18waiver of the lien for the amount of the judgment.
19(Source: P.A. 87-1197.)