Full Text of HB0825 101st General Assembly
HB0825 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0825 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
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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 |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 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 11-139-1 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" | 8 | | means and
includes a waterworks system in its entirety or any | 9 | | integral part thereof,
including mains, hydrants, meters, | 10 | | values, standpipes, storage tanks, pump
tanks, intakes, wells, | 11 | | impounding reservoirs, pumps, machinery,
purification plants, | 12 | | softening apparatus, and all other elements, useful in
| 13 | | connection with a water supply or water distribution system.
| 14 | | "Sewerage system" means and includes any or all of the | 15 | | following: a
sewerage treatment plant or plants, collecting, | 16 | | intercepting and outlet
sewers, lateral sewers, and drains, | 17 | | including combined and separate storm
water collection, | 18 | | treatment, and distribution infrastructure, and sanitary | 19 | | drains, force mains, conduits, pumping stations, ejector
| 20 | | stations , and all other appurtenances, extensions , and | 21 | | improvements
necessary, useful, or convenient for the | 22 | | collection, treatment, and
disposal in a sanitary manner of | 23 | | storm water, sewage , and industrial wastes.
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| 1 | | "Combined waterworks and sewerage system" means and | 2 | | includes a
waterworks and sewerage system, which the | 3 | | municipality determines by
ordinance to operate in | 4 | | combination.
| 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 | 8 | | municipality availing
itself of this Division 139 may (1) make, | 9 | | enact, and enforce all needful
rules and regulations for the | 10 | | acquisition, construction, extension,
improvement, management, | 11 | | and maintenance of the combined waterworks and
sewerage system | 12 | | of the municipality and for the use thereof, (2) make,
enact, | 13 | | and enforce all needful rules, regulations, and ordinances for | 14 | | the
care and protection of such a system, which may be | 15 | | conducive to the
preservation of the public health, comfort, | 16 | | and convenience and to
rendering the water supply of the | 17 | | municipality pure and the sewerage
harmless insofar as it is | 18 | | reasonably possible to do so, and (3) charge the
inhabitants | 19 | | thereof a reasonable compensation for the use and service of
| 20 | | the combined waterworks and sewerage system , including, but not | 21 | | limited to, storm water utility charges to offset the cost of | 22 | | owning, maintaining, and improving local storm water | 23 | | infrastructure, and to establish rates for that
purpose. | 24 | | Separate rates may be fixed for the water and sewer services
| 25 | | respectively or single rates may be fixed for the combined |
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| 1 | | water and sewer
services. Separate rates may be fixed for any | 2 | | water services to any other
municipality and separate sewer | 3 | | rates to any industrial establishment for
the purposes set | 4 | | forth in Section 11-139-2. These rates, whether separate
or | 5 | | combined, shall be sufficient at all times to (1) pay the cost | 6 | | of
operation and maintenance of the combined waterworks and | 7 | | sewerage system,
(2) provide an adequate depreciation fund, and | 8 | | (3) pay the principal of and
interest upon all revenue bonds | 9 | | issued under this Division. Rates shall be
established, | 10 | | revised, and maintained by ordinance and become payable as the
| 11 | | corporate authorities may determine by ordinance.
| 12 | | Whenever a municipality shall issue revenue bonds as | 13 | | provided by this
Division to pay the cost of the extension or | 14 | | improvement of its combined
waterworks and sewerage system or | 15 | | any part thereof to serve a particular
area of the | 16 | | municipality, the municipality may vary its rates to be charged
| 17 | | for the water and sewer services of the system or for either of | 18 | | them
effective upon the issuance of bonds as provided by this | 19 | | division to pay
the cost of the extension or improvement of its | 20 | | combined waterworks or
sewerage system or any part thereof to | 21 | | serve a particular area of a
municipality so that the rates to | 22 | | be charged for services in the particular
area to be served by | 23 | | such extension or improvement shall be calculated to
produce, | 24 | | in addition to the revenues generally to be produced by such
| 25 | | rates, sufficient funds to pay the principal of and interest | 26 | | upon the
revenue bonds issued to pay the cost of such extension |
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| 1 | | or improvement for
that particular area.
| 2 | | Such charges or rates are liens upon the real estate upon | 3 | | or for which
service is supplied whenever the charges or rates | 4 | | become delinquent as
provided by the ordinance of the | 5 | | municipality fixing a delinquency date;
except the charges or | 6 | | rates established by contract for the supply of water
to | 7 | | another municipality. A lien is created under the preceding | 8 | | sentence only if
the municipality sends to the owner or owners | 9 | | of record of the real estate, as
referenced by the taxpayer's | 10 | | identification number, (i) a copy of each
delinquency notice | 11 | | sent to the person who is delinquent in paying the charges
or | 12 | | rates or other notice sufficient to inform the owner or owners | 13 | | of record, as
referenced by the taxpayer's identification | 14 | | number, that the charges or rates
have become delinquent and | 15 | | (ii) a notice that unpaid charges or rates may
create a lien on | 16 | | the real estate under this Section. However, the municipality
| 17 | | has no preference over the rights of any purchaser, mortgagee, | 18 | | judgment
creditor, or other lien holder arising prior to the | 19 | | filing of the notice of
such a lien in the office of the | 20 | | recorder of the county in which such real
estate is located, or | 21 | | in the office of the registrar of titles of such county
if the | 22 | | property affected is registered under "An Act concerning land | 23 | | titles",
approved May 1, 1897, as amended. This notice shall | 24 | | consist of a sworn
statement setting out (1) a description of | 25 | | such real
estate sufficient for the identification thereof, (2) | 26 | | the amount of money
due for such service, and (3) the date when |
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| 1 | | such amount became delinquent.
The municipality shall send a | 2 | | copy of the notice of the lien to the owner or owners of
record | 3 | | of the real estate, as referenced by the taxpayer's | 4 | | identification
number. The municipality has the power to | 5 | | foreclose this lien in the same
manner and with the same effect | 6 | | as in the foreclosure of mortgages on real
estate.
| 7 | | The municipality also has the power, from time to time, to | 8 | | sue the
occupant or user of the real estate in a civil action | 9 | | to recover the money
due for services rendered, plus a | 10 | | reasonable attorney's fee, to be fixed by
the court. Whenever a | 11 | | judgment is entered in such a civil action the
foregoing | 12 | | provisions in this section with respect to filing sworn
| 13 | | statements of such delinquencies in the office of the recorder | 14 | | and
creating a lien against the real estate shall not be | 15 | | effective thereafter
as to charges sued upon and no lien shall | 16 | | exist thereafter against the real
estate for the delinquency. | 17 | | Judgment in such a civil action operates as a
release and | 18 | | waiver of the lien for the amount of the judgment.
| 19 | | (Source: P.A. 87-1197.)
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