Full Text of SB0067 102nd General Assembly
SB0067 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0067 Introduced 1/29/2021, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 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. 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 Section 11-139-8 as follows:
| 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) | 9 | | make, enact, and enforce all needful
rules and regulations for | 10 | | the acquisition, construction, extension,
improvement, | 11 | | management, and maintenance of the combined waterworks and
| 12 | | sewerage system of the municipality and for the use thereof, | 13 | | (2) make,
enact, and enforce all needful rules, regulations, | 14 | | and ordinances for the
care and protection of such a system, | 15 | | which may be conducive to the
preservation of the public | 16 | | health, comfort, and convenience and to
rendering the water | 17 | | supply of the municipality pure and the sewerage
harmless | 18 | | insofar as it is reasonably possible to do so, and (3) charge | 19 | | the
inhabitants thereof a reasonable compensation for the use | 20 | | and service of
the combined waterworks and sewerage system , | 21 | | including, but not limited to, storm water utility charges to | 22 | | offset the cost of owning, maintaining, and improving local | 23 | | storm water infrastructure, and to establish rates for that
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| 1 | | purpose. Separate rates may be fixed for the water and sewer | 2 | | services
respectively or single rates may be fixed for the | 3 | | combined water and sewer
services. Separate rates may be fixed | 4 | | for any water services to any other
municipality and separate | 5 | | sewer rates to any industrial establishment for
the purposes | 6 | | set forth in Section 11-139-2. These rates, whether separate
| 7 | | or combined, shall be sufficient at all times to (1) pay the | 8 | | cost of
operation and maintenance of the combined waterworks | 9 | | and sewerage system,
(2) provide an adequate depreciation | 10 | | fund, and (3) pay the principal of and
interest upon all | 11 | | revenue bonds issued under this Division. Rates shall be
| 12 | | established, revised, and maintained by ordinance and become | 13 | | payable as the
corporate authorities may determine by | 14 | | ordinance.
| 15 | | Whenever a municipality shall issue revenue bonds as | 16 | | provided by this
Division to pay the cost of the extension or | 17 | | improvement of its combined
waterworks and sewerage system or | 18 | | any part thereof to serve a particular
area of the | 19 | | municipality, the municipality may vary its rates to be | 20 | | charged
for the water and sewer services of the system or for | 21 | | either of them
effective upon the issuance of bonds as | 22 | | provided by this division to pay
the cost of the extension or | 23 | | improvement of its combined waterworks or
sewerage system or | 24 | | any part thereof to serve a particular area of a
municipality | 25 | | so that the rates to be charged for services in the particular
| 26 | | area to be served by such extension or improvement shall be |
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| 1 | | calculated to
produce, in addition to the revenues generally | 2 | | to be produced by such
rates, sufficient funds to pay the | 3 | | principal of and interest upon the
revenue bonds issued to pay | 4 | | the cost of such extension or improvement for
that particular | 5 | | area.
| 6 | | Such charges or rates are liens upon the real estate upon | 7 | | or for which
service is supplied whenever the charges or rates | 8 | | become delinquent as
provided by the ordinance of the | 9 | | municipality fixing a delinquency date;
except the charges or | 10 | | rates established by contract for the supply of water
to | 11 | | another municipality. A lien is created under the preceding | 12 | | sentence only if
the municipality sends to the owner or owners | 13 | | of record of the real estate, as
referenced by the taxpayer's | 14 | | identification number, (i) a copy of each
delinquency notice | 15 | | sent to the person who is delinquent in paying the charges
or | 16 | | rates or other notice sufficient to inform the owner or owners | 17 | | of record, as
referenced by the taxpayer's identification | 18 | | number, that the charges or rates
have become delinquent and | 19 | | (ii) a notice that unpaid charges or rates may
create a lien on | 20 | | the real estate under this Section. However, the municipality
| 21 | | has no preference over the rights of any purchaser, mortgagee, | 22 | | judgment
creditor, or other lien holder arising prior to the | 23 | | filing of the notice of
such a lien in the office of the | 24 | | recorder of the county in which such real
estate is located, or | 25 | | in the office of the registrar of titles of such county
if the | 26 | | property affected is registered under "An Act concerning land |
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| 1 | | titles",
approved May 1, 1897, as amended. This notice shall | 2 | | consist of a sworn
statement setting out (1) a description of | 3 | | such real
estate sufficient for the identification thereof, | 4 | | (2) the amount of money
due for such service, and (3) the date | 5 | | when such amount became delinquent.
The municipality shall | 6 | | send a copy of the notice of the lien to the owner or owners of
| 7 | | record of the real estate, as referenced by the taxpayer's | 8 | | identification
number. The municipality has the power to | 9 | | foreclose this lien in the same
manner and with the same effect | 10 | | as in the foreclosure of mortgages on real
estate.
| 11 | | The municipality also has the power, from time to time, to | 12 | | sue the
occupant or user of the real estate in a civil action | 13 | | to recover the money
due for services rendered, plus a | 14 | | reasonable attorney's fee, to be fixed by
the court. Whenever | 15 | | a judgment is entered in such a civil action the
foregoing | 16 | | provisions in this section with respect to filing sworn
| 17 | | statements of such delinquencies in the office of the recorder | 18 | | and
creating a lien against the real estate shall not be | 19 | | effective thereafter
as to charges sued upon and no lien shall | 20 | | exist thereafter against the real
estate for the delinquency. | 21 | | Judgment in such a civil action operates as a
release and | 22 | | waiver of the lien for the amount of the judgment.
| 23 | | (Source: P.A. 87-1197.)
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