Full Text of SB0377 99th General Assembly
SB0377ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 10/19/2015
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| 1 | | AMENDMENT TO SENATE BILL 377
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 377 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 205-140 as follows:
| 6 | | (60 ILCS 1/205-140)
| 7 | | Sec. 205-140. Initiating proceedings for particular | 8 | | locality; rates
and charges; lien. | 9 | | (a) A township board may initiate proceedings under | 10 | | Sections 205-130 through
205-150 in the manner provided by | 11 | | Section 205-20.
| 12 | | (b) The township board may establish the rate or charge to | 13 | | each
user of the waterworks system or sewerage system, or | 14 | | combined waterworks
and sewerage system, or improvement or | 15 | | extension at a rate that will be
sufficient to pay the | 16 | | principal and interest of any bonds issued to pay
the cost of |
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| 1 | | the system, improvement, or extension and the maintenance and
| 2 | | operation of the system, improvement, or extension and may | 3 | | provide an adequate
depreciation fund for the bonds. Charges or | 4 | | rates shall be established,
revised, and maintained by | 5 | | ordinance and become payable as the township board
determines | 6 | | by ordinance.
| 7 | | (c) The charges or rates are liens upon the real estate | 8 | | upon or for which
sewerage service is supplied whenever the | 9 | | charges or rates become delinquent as
provided by the ordinance | 10 | | of the board fixing a delinquency date.
| 11 | | (d) Notwithstanding any provision of law to the contrary, | 12 | | the township shall conduct a cost study regarding the | 13 | | connection charge of the township: | 14 | | (1) before the township increases or creates a | 15 | | connection charge; | 16 | | (2) upon the request of the supervisor or a majority of | 17 | | the township board of the township; | 18 | | (3) upon the request of a majority of the mayors or | 19 | | village presidents of the municipalities located within or | 20 | | substantially within the township or township's facility | 21 | | planning area; or | 22 | | (4) upon the filing with the township board of a | 23 | | petition signed by 10% or more of the customers who have | 24 | | paid connection charges to the township in the previous 5 | 25 | | calendar years. | 26 | | The cost study shall be conducted by an independent entity |
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| 1 | | within 6 months of action taken under paragraphs (1), (2), (3), | 2 | | or (4) of this subsection (d). For purposes of subsections this | 3 | | subsection (d) and (e) , the term "independent entity" shall | 4 | | mean an engineering firm that has not entered into a contract | 5 | | with any State agency, unit of local government, or | 6 | | non-governmental entity for goods or services within the | 7 | | township or township service area in the 24 months prior to | 8 | | being contracted to perform the cost study. After performing a | 9 | | cost study under this subsection (d), an independent entity may | 10 | | not contract with any State agency, unit of local government, | 11 | | or non-governmental entity for goods or services within the | 12 | | township or township service area in the 24 months after | 13 | | completion of the cost study other than to perform further cost | 14 | | studies under this subsection (d). A township shall not be | 15 | | required to conduct more than one cost study in a 60 24 month | 16 | | period under paragraphs (1), (2), (3) , or (4) of this | 17 | | subsection (d). The cost study must include, at a minimum, an | 18 | | examination of similar water main and sewer connection charges | 19 | | in neighboring units of local government or units of local | 20 | | government similar in size or population. Following the | 21 | | completion of the cost study, no increase or new connection | 22 | | charge may be imposed unless the increase or new charge is | 23 | | justified by the cost study. If the connection charge the | 24 | | township charged prior to completion of the cost study is | 25 | | higher than is justified by the cost study, the township shall | 26 | | reduce its connection charge to the amount justified by the |
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| 1 | | cost study. For purposes of this subsection (d), "connection | 2 | | charge" means any charge or fee, by whatever name, assessed to | 3 | | recover the cost of connecting the customer's water main, | 4 | | sewer, or water main and sewer service line to the township's | 5 | | facilities, and includes only the direct and indirect costs of | 6 | | physically tying the service line into the township's main. | 7 | | (e) If a cost study has been conducted pursuant to | 8 | | subsection (d) of this Section and a new cost study is | 9 | | requested under paragraph (3) or (4) of subsection (d), the | 10 | | township shall obtain a written quote from an independent | 11 | | entity detailing the cost of the requested cost study and one | 12 | | of the following shall occur prior to a new cost study | 13 | | beginning: | 14 | | (1) each township, village, and municipality whose | 15 | | mayor or president requested the cost study under paragraph | 16 | | (3) of subsection (d) shall pay a proportionate share of | 17 | | the entire cost of the cost study as detailed in the | 18 | | written quote required under this subsection (e); or | 19 | | (2) the customers who signed the petition under | 20 | | paragraph (4) of subsection (d) shall pay a pro rata share | 21 | | of the entire cost of the cost study as detailed in written | 22 | | quote required under this subsection (e). | 23 | | Payments required under either paragraph (1) or (2) of this | 24 | | subsection (e) shall be made to the township clerk, who shall | 25 | | forward the same to the independent entity upon receipt of | 26 | | entire amount of the written quote for the cost study. If the |
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| 1 | | entire amount of the written quote for the cost study has not | 2 | | been received within 90 days from the township clerk providing | 3 | | public note of the amount of the written quote, then those | 4 | | amounts received by the township clerk shall be refunded to the | 5 | | persons or entities which paid them. | 6 | | (Source: P.A. 99-481, eff. 9-22-15.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2016.".
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