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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/11-139-4
(65 ILCS 5/11-139-4) (from Ch. 24, par. 11-139-4)
Sec. 11-139-4.
Whenever an existing waterworks or sewerage system is
included in a combined waterworks and sewerage system under this Division
139 and there are unpaid obligations previously issued, which are payable
solely from the revenue or secured by a mortgage of the waterworks or
sewerage system, or any part thereof, or whenever there are unpaid
obligations previously issued which are payable solely from the revenue of
the combined waterworks and sewerage system, the unpaid obligations may be
refunded by the issue and exchange therefor of revenue bonds, to be issued
under this Division 139, with the consent of the respective holders of the
unpaid obligations. The holders of revenue bonds issued under this Division
139, whether (1) for refunding or (2) for acquisition, construction,
extension, or improvement, or both, have the same rights and privileges
with respect to payment and there is no distinction between revenue bonds
issued for the 2 purposes unless it is specifically provided in the
ordinance authorizing the issuance of bonds that the bonds, or such ones
thereof as may be specified, issued for such acquisition, construction,
extension or improvement, shall, to the extent and in the manner
prescribed, be subordinated and be junior in standing, with respect to the
payment of principal and interest and the security thereof, to such other
bonds payable from the revenue of the combined waterworks and sewerage
system as are specified in such ordinance. Whenever any unpaid obligations
previously issued which are payable solely from the revenue or secured by a
mortgage of any waterworks or sewerage system included in a combined
waterworks and sewerage system or any combined waterworks and sewerage
system under this Division 139 are refunded, the unpaid obligations shall
be surrendered and exchanged for revenue bonds of the combined waterworks
and sewerage system of a total principal amount which shall not be more but
may be less than the principal amount of the obligations exchanged and the
interest thereon to the date of exchange.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-139-5
(65 ILCS 5/11-139-5) (from Ch. 24, par. 11-139-5)
Sec. 11-139-5.
The corporate authorities of any municipality availing
itself of the provisions of this Division 139 shall adopt an ordinance
describing in a general way the contemplated project. If it is intended to
include in the combined waterworks and sewerage system any existing
waterworks or any existing sewerage system, the ordinance shall provide for
its inclusion in the combined system and shall describe in a general way
the existing waterworks or sewerage system to be included in the combined
waterworks and sewerage system. If it is intended to acquire or construct a
combined waterworks and sewerage system, or to extend and improve such a
system, the ordinance shall describe in a general way the system to be
acquired or constructed or the extension or improvement to be made or any
project authorized by Section 11-139-2. It shall not be necessary that the
ordinance refer to plans and specifications nor that there be on file for
public inspection prior to the adoption of such ordinance detailed plans
and specifications of the project. The ordinance shall set out the
estimated cost of the contemplated project, and if any existing waterworks
or sewerage system is included in the project, the ordinance shall state
the means provided for defraying or refunding any unpaid obligation,
payable solely from the revenue or secured by a mortgage of the waterworks
or sewerage system, and if any unpaid obligations payable from the revenue
of the combined waterworks and sewerage system are outstanding and unpaid
the ordinance shall state the means providing for defraying or refunding
any unpaid obligation so payable from the revenue of the combined
waterworks and sewerage system. The ordinance shall determine the period of
usefulness of the contemplated project. The ordinance shall also prescribe
the method of defraying the cost of the contemplated project and fix the
amount of revenue bonds proposed to be issued, the interest rate, and all
other details in connection with the bonds deemed advisable. The ordinance
may contain such covenants and restrictions upon the issuance thereafter of
additional revenue bonds as may be deemed necessary or advisable for the
assurance of the payment of bonds thereby authorized and as may be
thereafter issued.
(Source: P.A. 77-2837.)
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65 ILCS 5/11-139-6
(65 ILCS 5/11-139-6) (from Ch. 24, par. 11-139-6)
Sec. 11-139-6.
Within 10 days after the ordinance for any project
under this Division 139 has been passed, it shall be published at least
once in one or more newspapers published in the municipality, or, if no
newspaper is published therein, then in one or more newspapers with a
general circulation within the municipality. In municipalities with less
than 500 population in which no newspaper is published, publication may
instead be made by posting a notice in 3 prominent places within the
municipality. The publication or posting of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to sign a petition
requesting the question of the adoption of the ordinance be submitted to
the electors of the municipality; (2) the time in which such petition must
be filed; and (3) the date of the prospective referendum. The municipal
clerk shall provide a petition form to any individual requesting one. If
no petition is filed with the municipal clerk, as
provided in this section, within 30 days after the publication or
posting of the ordinance, it shall be in effect. But if within this 30
day period a petition is filed with the municipal clerk signed by
electors of the municipality numbering 10% or more of the number of
registered voters in the municipality, asking that the question of acquiring,
constructing, extending, or improving the combined waterworks and
sewerage system, as provided in the ordinance, and the issuance of
revenue bonds therefor be submitted to the electors of the municipality,
the municipal clerk shall certify such question for submission at an election
in accordance with the general election law. If a majority of the votes
cast on the question are in favor thereof, the ordinance shall be in effect.
But if a majority of the votes cast on the question are unfavorable, the
municipality shall proceed no further and the ordinance shall not take effect.
(Source: P.A. 87-767.)
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65 ILCS 5/11-139-7
(65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
Sec. 11-139-7.
Revenue bonds issued under this Division 139 shall be
payable solely from the revenue derived from the operation of the combined
waterworks and sewerage system on account of which the bonds are
issued; provided, that bonds issued under this Division 139 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter,
these bonds shall not in any event constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation and it shall be so stated on the face of each bond.
(Source: P.A. 93-205, eff. 1-1-04.)
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65 ILCS 5/11-139-8
(65 ILCS 5/11-139-8) (from Ch. 24, par. 11-139-8)
Sec. 11-139-8.
The corporate authorities of any municipality availing
itself of this Division 139 may (1) make, enact, and enforce all needful
rules and regulations for the acquisition, construction, extension,
improvement, management, and maintenance of the combined waterworks and
sewerage system of the municipality and for the use thereof, (2) make,
enact, and enforce all needful rules, regulations, and ordinances for the
care and protection of such a system, which may be conducive to the
preservation of the public health, comfort, and convenience and to
rendering the water supply of the municipality pure and the sewerage
harmless insofar as it is reasonably possible to do so, and (3) charge the
inhabitants thereof a reasonable compensation for the use and service of
the combined waterworks and sewerage system and to establish rates for that
purpose. Separate rates may be fixed for the water and sewer services
respectively or single rates may be fixed for the combined water and sewer
services. Separate rates may be fixed for any water services to any other
municipality and separate sewer rates to any industrial establishment for
the purposes set forth in Section 11-139-2. These rates, whether separate
or combined, shall be sufficient at all times to (1) pay the cost of
operation and maintenance of the combined waterworks and sewerage system,
(2) provide an adequate depreciation fund, and (3) pay the principal of and
interest upon all revenue bonds issued under this Division. Rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance.
Whenever a municipality shall issue revenue bonds as provided by this
Division to pay the cost of the extension or improvement of its combined
waterworks and sewerage system or any part thereof to serve a particular
area of the municipality, the municipality may vary its rates to be charged
for the water and sewer services of the system or for either of them
effective upon the issuance of bonds as provided by this division to pay
the cost of the extension or improvement of its combined waterworks or
sewerage system or any part thereof to serve a particular area of a
municipality so that the rates to be charged for services in the particular
area to be served by such extension or improvement shall be calculated to
produce, in addition to the revenues generally to be produced by such
rates, sufficient funds to pay the principal of and interest upon the
revenue bonds issued to pay the cost of such extension or improvement for
that particular area.
Such charges or rates are liens upon the real estate upon or for which
service is supplied whenever the charges or rates become delinquent as
provided by the ordinance of the municipality fixing a delinquency date;
except the charges or rates established by contract for the supply of water
to another municipality. A lien is created under the preceding sentence only if
the municipality sends to the owner or owners of record of the real estate, as
referenced by the taxpayer's identification number, (i) a copy of each
delinquency notice sent to the person who is delinquent in paying the charges
or rates or other notice sufficient to inform the owner or owners of record, as
referenced by the taxpayer's identification number, that the charges or rates
have become delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real
estate sufficient for the identification thereof, (2) the amount of money
due for such service, and (3) the date when such amount became delinquent.
The municipality shall send a copy of the notice of the lien to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
The municipality also has the power, from time to time, to sue the
occupant or user of the real estate in a civil action to recover the money
due for services rendered, plus a reasonable attorney's fee, to be fixed by
the court. Whenever a judgment is entered in such a civil action the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective thereafter
as to charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien for the amount of the judgment.
(Source: P.A. 87-1197.)
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65 ILCS 5/11-139-9
(65 ILCS 5/11-139-9) (from Ch. 24, par. 11-139-9)
Sec. 11-139-9.
Whenever revenue bonds are issued under this Division 139,
sufficient revenue derived from the operation of such a combined waterworks
and sewerage system shall be deposited in a separate fund, designated as
the waterworks and sewerage fund of the municipality. It shall be used only
(1) to pay the cost of maintenance and operation of the combined system,
(2) to provide an adequate depreciation fund, and (3) to pay the principal
of and interest upon the revenue bonds of the municipality issued under
this Division 139.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-139-10
(65 ILCS 5/11-139-10) (from Ch. 24, par. 11-139-10)
Sec. 11-139-10.
Any municipality operating a combined waterworks and
sewerage system under this Division 139, shall set up and maintain a proper
system of accounts showing the amount of revenue received from the combined
waterworks and sewerage system and the application of this revenue. At
least once each year the municipality shall have these accounts properly
audited, and a report of this audit shall be open to the public for
inspection at all reasonable times.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-139-11
(65 ILCS 5/11-139-11) (from Ch. 24, par. 11-139-11)
Sec. 11-139-11.
The holder of any bond or of any coupon of any bond issued under this
Division 139 may proceed by civil action to compel performance of all
duties required by this Division 139, including the making and collection
of sufficient rates for the purposes specified in this Division 139 and the
application of the revenue therefrom to those purposes.
(Source: P.A. 77-942.)
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65 ILCS 5/11-139-12 (65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12) Sec. 11-139-12. Acquisition by eminent domain. For the purpose of acquiring, constructing, extending, or
improving any combined waterworks and sewerage system under this Division
139, or any property necessary or appropriate therefor, any municipality
has the right of eminent domain, as provided by the Eminent Domain Act. The fair cash market value of an existing waterworks and sewerage system,
or portion thereof, acquired under this Division 139, which existing system
is a special use property,
may be determined by considering Section 15 of Article I of the Illinois Constitution, the Eminent Domain Act, and the Uniform Standards of Professional Appraisal Practice and giving due consideration to the income, cost, and market approaches to valuation based on the type and character of the assets being acquired. In making the valuation determination, the historical and projected revenue attributable to the assets, the costs of the assets, and the condition and remaining useful life of the assets may be considered while giving due account to the special use nature of the property as used for water and sewerage purposes. Additionally, in determining the fair cash market value of existing utility facilities, whether real or personal, consideration may be given to the depreciated value of all facilities and fixtures constructed by the utility company and payments made by the utility company in connection with the acquisition or donation of any waterworks or sanitary sewage system. Except as is provided in subsection (h) of Section 10-5-10 of the Eminent Domain Act, no prior approval of the Illinois Commerce
Commission, or any other body having jurisdiction over the existing system,
is required. (Source: P.A. 103-13, eff. 6-9-23.) |
65 ILCS 5/Art. 11 Div. 140
(65 ILCS 5/Art. 11 Div. 140 heading)
DIVISION 140.
OUTLET SEWERS OUTSIDE MUNICIPAL
BOUNDARIES
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65 ILCS 5/11-140-1
(65 ILCS 5/11-140-1) (from Ch. 24, par. 11-140-1)
Sec. 11-140-1.
In every municipality with a population of 100,000 or less
which has a sewage system but has no adequate outlet therefor, or any
proper disposition of the sewage thereof, without constructing an outlet
sewer the terminus of which will be outside the corporate limits of the
municipality, the corporate authorities thereof may (1) construct an outlet
sewer, wholly without, or partially within and partially without the
corporate limits of the municipality into which the sewers throughout the
municipality are to empty, and through which the sewers are to discharge
their sewage for proper disposition and sanitary benefits, (2) construct
reservoirs, erect pumping works, machinery, and plants for the treatment of
the sewage within or without the corporate limits of the municipality, (3)
acquire the necessary land and machinery for these purposes, and (4)
otherwise provide for discharge of the municipality's sewage into channels
that will promote the health and improve the sanitary condition of and
accomplish the purpose of an outlet sewer for the municipality. The cost of
exercising the powers conferred by this section shall be borne by special
assessment or by special taxation upon the property in those portions of
the municipality the sewers in which are ultimately to find their outlet
through the outlet sewer so constructed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-140-2
(65 ILCS 5/11-140-2) (from Ch. 24, par. 11-140-2)
Sec. 11-140-2.
The corporate authorities of such municipality may maintain
and keep in repair the outlet sewers, purification plants, reservoirs,
pumping works, and machinery provided for in Section 11-140-1. The cost of
the maintenance and repair shall be borne by special assessment or by
special taxation upon the property specified in Section 11-140-1. No lot,
block, or parcel of land shall be assessed more than once in any one year
for such maintenance and repair.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-140-3
(65 ILCS 5/11-140-3) (from Ch. 24, par. 11-140-3)
Sec. 11-140-3.
The corporate authorities of such a municipality may acquire
by purchase, gift, condemnation, or otherwise, all the real and personal
property, rights-of-way, and easements within or without the corporate
limits of the municipality necessary for the construction and maintenance
of the outlet sewers and works authorized by Section 11-140-1. The
corporate authorities have the same control and jurisdiction of this
property which is without as of that which is within the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-140-4
(65 ILCS 5/11-140-4) (from Ch. 24, par. 11-140-4)
Sec. 11-140-4.
When the corporate authorities of a municipality determine
to construct improvements provided for in Section 11-140-1, they shall do
so by an ordinance which shall prescribe whether the improvements shall be
made by special assessment or by special taxation. The ordinance shall also
prescribe the nature, character, locality, and description of the
improvements, either by setting forth the same in the ordinance itself, or
by reference to maps, plats, plans, profiles, or specifications thereof on
file in the office of the municipal clerk, or by both methods.
The ordinance shall also describe by reasonably well understood
boundaries, those portions of the municipality the sewerage of which is to
be conducted by sewers already laid, or by those contemplated to be laid,
into and through the outlet sewer provided for by Section 11-140-1. This
property within those boundaries shall be assessable for the cost of this
outlet sewer improvement. If property is to be taken or damaged for this
improvement, the ordinance shall describe the property with reasonable
certainty.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-140-5
(65 ILCS 5/11-140-5) (from Ch. 24, par. 11-140-5)
Sec. 11-140-5.
All proceedings preliminary to the passage of the ordinance,
the enactment of the ordinance and the provisions thereof, and all
subsequent proceedings, including the filing of the petition, steps
necessary to the making of the assessment roll, the return thereof to the
court, notices to parties assessed, newspaper publications, confirmation of
assessment by court, delivery of roll to the collector, collection of
assessments, return of delinquent lists, application for judgments against
delinquents, tax sales on delinquents, and tax deeds necessary to be taken
to make, levy, confirm, and collect an assessment, and to pay the cost by
special assessment or by special taxation of the outlet sewer provided for
by Section 11-140-1, as well as proceedings for the condemnation of
property, the manner of awarding contracts, doing and superintending the
work, and paying the contractor therefor, shall be in accordance with the
provisions of Article 9, except in so far as the provisions of this
Division 140 are inconsistent therewith.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-140-6
(65 ILCS 5/11-140-6) (from Ch. 24, par. 11-140-6)
Sec. 11-140-6.
For the purpose of anticipating the collection of the second
and succeeding installments provided for by this Division 140, every
municipality specified in Section 11-140-1 may issue and retire bonds in
accordance with the provisions and regulations of Article 9.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 141
(65 ILCS 5/Art. 11 Div. 141 heading)
DIVISION 141.
SEWERAGE SYSTEMS AND ABATEMENT
OF POLLUTION FROM INDUSTRIAL WASTES
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65 ILCS 5/11-141-1
(65 ILCS 5/11-141-1) (from Ch. 24, par. 11-141-1)
Sec. 11-141-1.
When used in this Division 141, "sewerage system" means and
includes any or all of the following: a sewage treatment plant or plants,
collecting, intercepting and outlet sewers, force mains, conduits, lateral
sewers and extensions, pumping stations, ejector stations, and all other
appurtenances, extensions or improvements necessary or useful and
convenient for the collection, treatment, and disposal, in a sanitary
manner, of sewage and industrial wastes. The term also includes the
disconnection of storm water drains and constructing outlets therefor,
where, in any case, such work is necessary to relieve existing sanitary
sewers of storm water loads, in order to permit the efficient operation of
such sanitary sewers for collection, treatment, and disposal of sewage and
industrial wastes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-2
(65 ILCS 5/11-141-2) (from Ch. 24, par. 11-141-2)
Sec. 11-141-2.
Every municipality may construct or acquire, and may improve, extend,
and operate a sewerage system either within or without the corporate limits
thereof. Every municipality also may, when determined by its corporate
authorities to be in the public interest and necessary for the protection
of the public health, enter into and perform contracts, whether long-term
or short-term, with any industrial establishment for the provision and
operation by the municipality of sewerage facilities to abate or reduce the
pollution of waters caused by discharges of industrial wastes by the
industrial establishment and the payment periodically by the industrial
establishment to the municipality of amounts at least sufficient, in the
determination of such corporate authorities, to compensate the municipality
for the cost of providing (including payment of principal and interest
charges, if any), and of operating and maintaining the sewerage facilities
serving such industrial establishment.
Every municipality may borrow money from the United States Government or
any agency thereof, or from any other source, for the purpose of improving
or extending or for the purpose of constructing or acquiring and improving
and extending a sewerage system and, as evidence thereof, may issue its
revenue bonds, payable solely from the revenue derived from the operation
of the sewerage system by that municipality. These bonds may be issued with
maturities not exceeding 40 years from the date of the bonds, and in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the improvement or extension or construction or acquisition and
improvement and extension of the sewerage system, including engineering,
legal, and other expenses, together with interest, to a date 6 months
subsequent to the estimated date of completion. These bonds shall bear
interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually, may
be made registerable as to principal, and may be made callable on any
interest payment date at a price of par and accrued interest under such
terms and conditions as may be fixed by the ordinance authorizing the
issuance of the bonds. Bonds issued under this Division 141 are negotiable
instruments. They shall be executed by the mayor or president of the
municipality and by the municipal clerk and shall be sealed with the
corporate seal of the municipality. In case any officer whose signature
appears on the bonds or coupons ceases to hold that office before the bonds
are delivered, his signature, nevertheless, shall be valid and sufficient
for all purposes, the same as though he had remained in office until the
bonds were delivered. The bonds shall be sold in such manner and upon such
terms as the corporate authorities shall determine, except that the selling
price shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually,
computed to maturity according to the standard table of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-141-3
(65 ILCS 5/11-141-3) (from Ch. 24, par. 11-141-3)
Sec. 11-141-3.
Whenever the corporate authorities of a municipality determine to
improve or extend or to construct or acquire and improve and extend a
sewerage system and to issue bonds, under this Division 141, for the
payment of the cost thereof, the corporate authorities shall adopt an
ordinance describing, in a general way, the contemplated project. It is
not necessary that the ordinance refer to plans and specifications nor
that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the project.
Whenever a municipality has been directed by an order issued under
"An Act to establish a Sanitary Water Board and to control, prevent and
abate pollution of the streams, lakes, ponds and other surface and
underground waters in the State, and to repeal an Act named therein",
approved July 12, 1951, as now or hereafter amended, or the
"Environmental Protection Act", enacted by the 76th
General Assembly, to abate its discharge of untreated or inadequately
treated sewage, this fact shall be set out in the ordinance, unless the
order to abate the discharge has been reversed on appeal.
The ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, and fix the amount of
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and all the details
in connection with the bonds. The ordinance may contain such covenants
and restrictions upon the issuance of additional revenue bonds
thereafter, which will share equally the revenue of the sewerage system,
as may be deemed necessary or advisable for the assurance of the payment
of the bonds first issued. Any municipality may also provide in the
ordinance authorizing the issuance of bonds under this Division 141 that
the bonds, or such ones thereof as may be specified, shall, to the
extent and in the manner prescribed, be subordinated and be junior in
standing, with respect to the payment of principal and interest and the
security thereof, to such other bonds as are designated in the
ordinance.
The ordinance shall pledge the revenue derived from the operation of
the sewerage system for the purpose of paying the cost of operation and
maintenance of the system, providing an adequate depreciation fund, and
paying the principal and interest on the bonds of the municipality
issued under this Division 141.
This amendatory Act (Public Act 76-1983) applies to bonds which are
authorized but not sold on its effective date.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-141-4
(65 ILCS 5/11-141-4) (from Ch. 24, par. 11-141-4)
Sec. 11-141-4.
Within 10 days after this ordinance has been passed,
it shall be published at least once in one or more newspapers published
in the municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality.
If the ordinance specifies that the municipality has been directed by
an order issued under the provisions of "An Act to establish a Sanitary
Water Board and to control, prevent and abate pollution of the streams,
lakes, ponds and other surface and underground waters in the State, and
to repeal an Act named therein", approved July 12, 1951, as heretofore
and hereafter amended, and the Environmental Protection Act, to abate its
discharge of untreated or inadequately treated sewage, the ordinance
authorizing the issuance of those revenue bonds shall be in effect
immediately upon its adoption and publication, or posting, as provided in
this section, notwithstanding any provision in this Code or any other law
to the contrary.
In all other cases, if no petition is filed with the municipal clerk
as hereinafter provided in this section, within 30 days after the
publication or posting of the ordinance, the ordinance shall be in
effect after the expiration of that 30 day period. In such cases
the publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of improving or extending or of construction or
acquiring and improving and extending a sewerage system and of issuing
revenue bonds to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective referendum.
The municipal clerk shall provide a petition form to any individual
requesting one. But if within that 30 day period a petition is filed with
the municipal clerk signed by electors of the municipality numbering 10% or
more of the number of registered voters in the municipality, asking that
the question of improving or extending or of construction or acquiring
and improving and extending a sewerage system and of issuing revenue
bonds to pay the cost thereof be submitted to the electors of the
municipality, the municipal clerk of the municipality shall certify the
question for submission at an election.
If a majority of the electors voting upon the question
voted in favor thereof, the ordinance shall be in effect, but if a
majority of the electors voting upon the questions are not in favor
thereof, the ordinance shall not take effect.
(Source: P.A. 87-767.)
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