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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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-141-8
(65 ILCS 5/11-141-8) (from Ch. 24, par. 11-141-8)
Sec. 11-141-8.
Every municipality which issues bonds under this Division
141 shall install and maintain a proper system of accounts showing the
amount of revenue received from the sewerage system and the application of
that revenue. At least once each year the municipality shall have the
accounts properly audited. A report of that audit shall be open for
inspection at all proper times to any taxpayer, sewerage system user, or
the holder of any bond issued under this Division 141, or their respective
representatives.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-9
(65 ILCS 5/11-141-9) (from Ch. 24, par. 11-141-9)
Sec. 11-141-9.
The holder of any bond issued under this Division 141, or of
any coupon representing interest accrued thereon, by any
civil action, mandamus, injunction or other proceeding, may compel the
officials of the municipality
issuing the bonds to perform all duties imposed upon them by the provisions
of this Division 141, including the making and collection of sufficient
charges or rates for that purpose and the application of the revenue from
the sewerage system.
(Source: P.A. 83-345.)
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65 ILCS 5/11-141-10
(65 ILCS 5/11-141-10) (from Ch. 24, par. 11-141-10)
Sec. 11-141-10. For the purpose of improving or extending, or constructing
or acquiring and improving and extending a sewerage system under this
Division 141, a municipality may acquire any property necessary or
appropriate therefor by eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/11-141-10.1 (65 ILCS 5/11-141-10.1)
Sec. 11-141-10.1. Annexation of territory including township sewerage
system. (a) If a
municipality
annexes part or all of the territory in which a township operates a sewerage
system that includes a sewage treatment plant or plants, and if the
corporate authorities of the municipality do not operate a sewerage system that includes a sewage treatment plant or plants, the township shall be responsible for that
portion of the
sewerage system within the annexed territory. Any user fees attributable to the annexed territory shall remain with the township, unless, by agreement, the township assigns those fees. (b) If a municipality annexes part or all of the territory in which a township operates a sewerage system that does not include a sewage treatment plant or plants, the authority responsible for operating the sewerage system within the annexed territory shall assume responsibility for that portion of the sewerage system within the annexed territory. Beginning upon the date of annexation, any user fees attributable to the maintenance and operation of the sewerage system shall be collected by the corporate authorities of the municipality.
(Source: P.A. 94-475, eff. 8-4-05.) |
65 ILCS 5/11-141-10.5
(65 ILCS 5/11-141-10.5)
Sec. 11-141-10.5.
Sewerage systems; adjacent municipality's access to
other jurisdictions. The corporate authorities of any municipality shall not
restrain or interfere with an adjacent municipality's construction,
maintenance, alteration, or extension of a sewerage system that accesses
intercepting and outlet sewers of a third consenting wastewater treatment
authority outside of the adjacent municipality's corporate boundaries provided
that
the construction, maintenance, alteration, or extension is an appropriate or
practical route, according to any Environmental Protection Agency engineer, and
is necessary to maintain or establish compliance with the Environmental
Protection Act or rules or regulations
promulgated by the Pollution Control Board.
Any municipality granting access to intercepting and outlet sewers of a third
consenting wastewater treatment authority may recover only its actual costs,
including but not limited to inspection, regulation, administration, and repair
costs, associated with any construction, maintenance, extension, or alteration
of the existing system.
(Source: P.A. 90-190, eff. 7-24-97.)
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65 ILCS 5/11-141-11
(65 ILCS 5/11-141-11) (from Ch. 24, par. 11-141-11)
Sec. 11-141-11.
Every municipality may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the entire sewerage system or systems of the
municipality. Except insofar as inconsistent with this section, the
provisions of Sections 11-141-1 through 11-141-10 govern all matters
connected with a project under this section.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-12
(65 ILCS 5/11-141-12) (from Ch. 24, par. 11-141-12)
Sec. 11-141-12.
Every municipality also may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the sewerage system constructed or acquired
for that particular locality, or from the revenue to be derived from the
operation of the improvements and extensions of an existing system. Except
insofar as inconsistent with this section, the provisions of Section
11-141-2 govern all matters connected with the bonds issued under this
section.
Bonds issued under this section are payable solely from revenue derived
from the operation of that sewerage system or improvement or extension.
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. The face of
each bond shall also contain a description of the locality for which that
system or improvement or extension is constructed or acquired.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-13
(65 ILCS 5/11-141-13) (from Ch. 24, par. 11-141-13)
Sec. 11-141-13.
The corporate authorities of any municipality intending to
avail itself of the provisions of Sections 11-141-12 through 11-141-18
shall adopt a resolution declaring its intention to construct or acquire a
sewerage system for a particular locality within the municipality, or its
intention to make an extension or improvement to an existing sewerage
system for a particular locality, and describing the project to be
constructed and the boundaries of the locality to be served thereby. The
corporate authorities shall also determine the estimated cost of the
project, approve a report of the engineer for the municipality of the
possible rates to be charged to users of the sewerage system or improvement
or extension, and set a date for a public hearing on the question of
whether or not the project should be constructed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-14
(65 ILCS 5/11-141-14) (from Ch. 24, par. 11-141-14)
Sec. 11-141-14.
Notice of the public hearing shall be sent by mail to the
persons who paid the general taxes for the last preceding year on each lot,
block, tract, or parcel of land within the boundaries of the locality to be
served by the proposed project and also to each occupant of premises within
the locality. Notice shall also be published at least once, the first
publication being not more than 30 nor less than 15 days before the date
set for the hearing, 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 notice shall state (1) the
time and place of the hearing, (2) the intention of the corporate
authorities to construct or acquire the system or to extend or improve the
existing system, (3) a description of the project to be constructed or
acquired and the boundaries of the locality to be served thereby, (4) the
estimated cost of the project, and (5) the probable rates to be charged the
users of the system or improvement or extension.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-15
(65 ILCS 5/11-141-15) (from Ch. 24, par. 11-141-15)
Sec. 11-141-15.
At the time and place fixed in the notice for the public
hearing, the corporate authorities shall meet and hear the representations
of any person desiring to be heard on the subject of the construction or
acquisition of the proposed project, the nature thereof, the cost as
estimated, and the probable rates to be charged. After the hearing has been
had and all persons desiring to appear have been heard, the corporate
authorities shall adopt a new resolution adopting, altering, amending,
changing, or modifying the former resolution or abandoning the project.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-16
(65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
Sec. 11-141-16.
Powers; particular locality.
If after the public hearing
the corporate authorities of
the municipality adopt a resolution to proceed with the construction or
acquisition of the project, the corporate authorities may make and enforce
all needful rules and regulations in connection with the construction,
acquisition, improvement, or extension, and with the management and maintenance
of the project to be constructed or acquired. The corporate authorities also
may establish the rate or charge to each user of the sewerage system or
improvement or extension at a rate which will be sufficient to pay the
principal and interest of any bonds, issued to pay the cost thereof,
maintenance, and operation of the system, improvement, or extension and may
provide an adequate depreciation fund therefor. Charges or rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance. Such charges or rates are
liens upon the real estate upon or for which sewerage service is supplied
whenever the charges or rates become delinquent as provided by the ordinance of
the municipality fixing a delinquency date. 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
sewerage service, and (3) the date when such amount became delinquent, (4) the
owner of record of the premises. 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 may
foreclose this lien in the same manner and with the same effect as in the
foreclosure of mortgages on real estate.
Except in counties with a population of more than 250,000 where the
majority
of the municipal sewerage
system users are located outside of the municipality's corporate limits, the
payment of delinquent charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage service to
that premises, or both.
A rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation
or political
subdivision of the State furnishing water service to a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also may, from time to time, sue the occupant or user
of the real estate in a civil action to recover the money due for sewerage
services, plus a reasonable attorney's fee, to be fixed by the court. However,
whenever a judgment is entered in such a civil action, the foregoing provision
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 as to the charges sued upon and no lien
shall exist thereafter against the real estate for that delinquency. Judgment
in such a civil action operates as a release and waiver of the lien upon
the real estate for the amount of the judgment. The charge provided in this
section to be made against each user of an improvement or extension shall
be in addition to the charge, if any, made of all users of the system under
Section 11-141-7 and shall be kept separate and distinct therefrom.
This amendatory Act of 1975 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 93-500, eff. 6-1-04 .)
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65 ILCS 5/11-141-17
(65 ILCS 5/11-141-17) (from Ch. 24, par. 11-141-17)
Sec. 11-141-17.
If the corporate authorities adopt a resolution to proceed
with the construction or acquisition of the project as provided in Section
11-141-16, they shall adopt an ordinance providing for the issuance of the
bonds. The ordinance shall contain the necessary detail and data provided
for by Section 11-141-3. 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. Within 10 days after the 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. The ordinance shall become
effective 10 days after the publication.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-141-18
(65 ILCS 5/11-141-18) (from Ch. 24, par. 11-141-18)
Sec. 11-141-18.
All revenue derived from the operation of such a sewerage
system, improvement, or extension shall be set aside as collected, and
deposited in a special fund of the municipality. It shall be used only for
the purpose of paying the cost of operating and maintaining the sewerage
system, improvement, or extension, providing an adequate depreciation fund,
and paying the principal and interest on the bonds issued by the
municipality under Sections 11-141-12 through 11-141-18 for the purpose of
constructing or acquiring the system, improvement, or extension.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 142
(65 ILCS 5/Art. 11 Div. 142 heading)
DIVISION 142.
SEWAGE TREATMENT AND DISPOSAL
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65 ILCS 5/11-142-1
(65 ILCS 5/11-142-1) (from Ch. 24, par. 11-142-1)
Sec. 11-142-1.
Subject to the provisions of Section 11-142-2,
whenever a municipality which is not in a sanitary district has
constructed a sewage treatment or disposal plant or plants, the
municipality may levy an annual tax of not to exceed .075% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property therein for the operation and maintenance of the
plant or plants. The tax shall be in addition to all other taxes
authorized by law to be levied and collected in the municipality and
shall be in addition to taxes levied for general purposes as authorized
by Section 8-3-1.
The foregoing limitation upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-142-2
(65 ILCS 5/11-142-2) (from Ch. 24, par. 11-142-2)
Sec. 11-142-2.
Section 11-142-1 shall be in force in any municipality
in which "An Act to provide for a tax for the operation and maintenance
of sewage treatment and disposal plants in municipalities which are not
in any sanitary district," approved May 2, 1932, has been heretofore
adopted and was in force immediately prior to January 1, 1942. Section
11-142-1 shall not be in force in any other municipality until the
question of its adoption is certified by the clerk and submitted to the electors of the
municipality at an election in accordance with the general election law,
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall Section 11-142-1 of the Illinois Municipal Code, providing YES for a tax for the operation and maintenance of sewage treatment - - - - - - - - - - - - - - - - - - - - - -
and disposal plants in municipalities which are not in any sanitary NO district, be adopted? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors of the municipality voting on the
question vote in favor of adopting Section 11-142-1, it shall become
operative in that municipality.
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-142-3
(65 ILCS 5/11-142-3) (from Ch. 24, par. 11-142-3)
Sec. 11-142-3.
In addition to all other taxes now or hereafter
authorized, the corporate authorities of each municipality may levy and
collect, without referendum, a tax for the purpose of paying the
expenses of the chlorination of sewage, or other means of disinfection
or additional treatment as may be required by water quality standards
approved or adopted by the Pollution Control Board or by the court,
which tax may be extended at a rate not to exceed .02% of the value of
all taxable property within the municipality as equalized or assessed by
the Department of Revenue.
(Source: P.A. 81-1509.)
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65 ILCS 5/Art. 11 Div. 143
(65 ILCS 5/Art. 11 Div. 143 heading)
DIVISION 143.
CITY SEWERAGE FUND TAX
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65 ILCS 5/11-143-1
(65 ILCS 5/11-143-1) (from Ch. 24, par. 11-143-1)
Sec. 11-143-1.
The corporate authorities of any municipality which now has, or
hereafter may have, established a system of sewerage for the municipality,
annually may levy and collect a tax not to exceed .01666% of the value,
as equalized or assessed by the Department of Revenue,
of the taxable real and personal property in the municipality, for the extension
and laying of sewers in the municipality and for the maintenance of those
sewers. However, the board of public works of the municipality, if any, or the
head of the municipality's sewer department, shall first certify to the
corporate authorities the amount that will be necessary for those purposes. The tax
shall be known as the sewerage fund tax and shall be levied and
collected in the same manner as are the other general taxes of the municipality.
A two-thirds majority of all the corporate authorities may levy and collect
annually, a tax not to exceed .10% of
the value, as equalized or assessed by the Department of Revenue, of the
taxable real and personal property in the
municipality, for the specified purposes. Nothing in this Section increases the
aggregate amount of tax, as limited in Section 8-3-1, that may be levied
in any one year.
(Source: P.A. 81-1550.)
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65 ILCS 5/11-143-2
(65 ILCS 5/11-143-2) (from Ch. 24, par. 11-143-2)
Sec. 11-143-2.
Upon approval by referendum as hereinafter provided,
the city council of any city having a population of less than 100,000
inhabitants which operates a sewage disposal plant may levy and collect
an annual tax of not to exceed .075% of the assessed valuation of the
taxable property in the city for the purpose of operating and
maintaining such sewage disposal plant. However, the board of public
works of the city, if any, or the head of the city's sewer department,
shall first certify to the city council the amount that will be
necessary for such purpose. This tax shall be levied and collected in
like manner as the general taxes for city purposes and shall not be
included within any limitation of rate prescribed by Section 8-3-1 but
shall be excluded therefrom and shall be in addition thereto and in
excess thereof.
This Section shall not be in force in any municipality until the
question of its adoption is certified by the clerk and submitted to
the electors of the
municipality at an election in accordance with the general election law
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall Section 11-143-1 of the Illinois Municipal Code, YES providing for an additional tax for the operation and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
maintenance of a sewage NO disposal plant, be adopted? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors of the municipality voting on the
question vote in favor of adopting this section, it shall become
operative in that municipality.
(Source: P.A. 81-1489 .)
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65 ILCS 5/Art. 11 Div. 144
(65 ILCS 5/Art. 11 Div. 144 heading)
DIVISION 144.
TAX TO PAY DEFAULTED SEWERAGE
SYSTEM BONDS
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65 ILCS 5/11-144-1
(65 ILCS 5/11-144-1) (from Ch. 24, par. 11-144-1)
Sec. 11-144-1.
For the purpose of Sections 11-144-2 and 11-144-3, "sewerage
system" means 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.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-144-2
(65 ILCS 5/11-144-2) (from Ch. 24, par. 11-144-2)
Sec. 11-144-2.
Subject to the provisions of Section 11-144-3, when a
municipality with a population of less than 3,000 has issued revenue bonds
prior to July 22, 1939, for the purpose of constructing or acquiring
sewerage systems, and payment of the principal and interest on these bonds
has been defaulted, the corporate authorities thereof annually may levy and
collect a tax upon the taxable real and personal property in the
municipality not to exceed .5% on the dollar. The proceeds of this tax
shall be used for the payment of the defaulted principal and interest on
the specified bonds. The tax shall be levied and collected in the same
manner as are other general taxes of the municipality.
(Source: P.A. 76-1593.)
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65 ILCS 5/11-144-3
(65 ILCS 5/11-144-3) (from Ch. 24, par. 11-144-3)
Sec. 11-144-3.
The corporate authorities of a municipality specified
in Section 11-144-2, by ordinance, may cause the question of the levy of
the tax to be submitted to the electors at an election in accordance with
the general election law. The question shall be certified by the clerk of
the municipality to the proper election authority.
The question shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a tax not exceeding .5% be levied each year on all taxable YES property in the .... of .... for the purpose of redeeming defaulted - - - - - - - - - - - - - - - - - - -
revenue bonds, and accrued interest thereon, issued for the purpose of NO constructing or acquiring sewerage systems? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The levy is authorized if the majority of votes cast on the
proposition are in favor thereof. The corporate authorities shall then
levy a tax annually, not exceeding the rate authorized by that election,
until the amount necessary to redeem the principal and interest on the
specified bonds is collected.
Any municipality whose electors have approved the levy of an annual
tax under "An Act to authorize cities, villages and incorporated towns
to levy a tax for the redemption of defaulted revenue bonds, and accrued
interest thereon, issued for the purpose of constructing or acquiring
sewerage systems," approved July 22, 1939, shall continue to levy the
tax annually, not exceeding one-half of the rate authorized at the
election, until the amount necessary to redeem the principal of and
interest on the specified bonds is collected.
(Source: P.A. 81-1489 .)
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65 ILCS 5/Art. 11 Div. 145
(65 ILCS 5/Art. 11 Div. 145 heading)
DIVISION 145.
COLLECTION OF SEWER REVENUES BY OPERATOR
OF WATERWORKS SYSTEM
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65 ILCS 5/11-145-1
(65 ILCS 5/11-145-1) (from Ch. 24, par. 11-145-1)
Sec. 11-145-1.
Any municipality which issues revenue bonds for the
construction, acquisition, improvement, extension or operation of a
sewerage system under the provisions of this Code and establishes rates,
charges or rents for the use of such sewerage system based upon the
volume of water delivered through a waterworks system not owned by such
municipality, may enter into a contract with the owner or operator of
such waterworks system to act as collector of such rates, rents or
charges for the use of such sewerage system and to pay over such
revenues to such municipality as provided by this section. Such contract
may authorize and require such owner or operator of the waterworks
system, as agent for the municipality, to do all things relating to the
collection of such rates, rents or charges as the municipality could do
if it were making such collections directly and may allow such
compensation to such collector for acting as such, not to exceed 6% of
the total amount collected, as may be agreed upon by the contracting
parties, such compensation to be deducted from such collections and the
balance to be paid over to such municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 146
(65 ILCS 5/Art. 11 Div. 146 heading)
DIVISION 146.
CONTRACT FOR COLLECTING AND
DISPOSING OF SEWAGE ORIGINATING
OUTSIDE MUNICIPALITY
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65 ILCS 5/11-146-1
(65 ILCS 5/11-146-1) (from Ch. 24, par. 11-146-1)
Sec. 11-146-1.
The corporate authorities of each municipality may contract
with the State of Illinois, any municipality, or any person for the
collection and disposal of sewage originating outside of municipalities.
The corporate authorities of a municipality may provide by ordinance for
the extension and maintenance of municipal sewers in specified areas
outside the corporate limits.
(Source: P.A. 76-1516.)
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65 ILCS 5/Art. 11 Div. 147
(65 ILCS 5/Art. 11 Div. 147 heading)
DIVISION 147.
SEWAGE DISPOSAL CONTRACTS BETWEEN CERTAIN MUNICIPAL
CORPORATIONS
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65 ILCS 5/11-147-1
(65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
Sec. 11-147-1. Whenever a municipality, drainage district, sanitary
district, or other municipal corporation is adjacent to any other
municipality, drainage district, sanitary district, or other municipal
corporation the adjacent municipal corporations have the power to contract
with each other, upon such terms as may be agreed upon between them, for
the perpetual or temporary use and benefit by one of them of any sewer or
drain, or of any system of sewerage or drainage or part thereof, or of any
sewage disposal or sewage treatment plants and works, heretofore or
hereafter constructed by the other. Any such sewer or drain, or system of
sewerage or drainage or part thereof, or sewage disposal or sewage
treatment plants and work, heretofore or hereafter constructed by one such
municipal corporation may be extended or furnished to the inhabitants of
the other. Such municipal corporations may by contract with each other
provide for the joint construction of any sewer or drain or sewage disposal
or sewage treatment plants and works by the municipal corporations so
contracting, and for the common use thereof by the inhabitants of the
contracting municipal corporations. In addition, whenever a sanitary district has acquired an easement granting the sanitary district the right to construct or operate a sanitary sewer system or part of a sanitary sewer system over property that connects the sanitary district to a municipality, the municipality and the sanitary district may enter into a contract for the use of the sanitary sewer system regardless of whether the sanitary district is adjacent to the municipality.
(Source: P.A. 94-1106, eff. 2-9-07.)
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65 ILCS 5/11-147-2
(65 ILCS 5/11-147-2) (from Ch. 24, par. 11-147-2)
Sec. 11-147-2.
Any contract specified in Section 11-147-1 may be made by
the authority of an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation proposing the contract, and shall
be assented to by an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation assenting to the contract. When
made and assented to by the proper legislative authorities of the municipal
corporations who are parties thereto, the contract shall be in all respects
valid and binding.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-147-3
(65 ILCS 5/11-147-3) (from Ch. 24, par. 11-147-3)
Sec. 11-147-3.
Every municipality lying within or partly within the
corporate limits of, or adjacent to, any sanitary district which was
organized under "An Act to create sanitary districts in certain localities,
to drain and protect the same from overflow for sanitary purposes and to
provide for sewage disposal," approved May 17, 1907, as heretofore and
hereafter amended, and which is authorized to collect, carry-off, dispose
of, and treat sewage and industrial wastes, may enter into a contract with
this sanitary district upon such reasonable terms as may be agreed upon,
for the use of the drains, conduits, treatment plants, pumping plants, and
works maintained by the sanitary district for the carrying-off, disposal,
and treatment of sewage and industrial wastes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-147-4
(65 ILCS 5/11-147-4) (from Ch. 24, par. 11-147-4)
Sec. 11-147-4.
Any municipality lying wholly or partly within the
boundaries of any county which accepts the provisions of "An Act in
relation to water supply, drainage, sewage, pollution and flood control in
certain counties," approved July 22, 1959, as heretofore or hereafter
amended, may contract with such county for water supply or sewerage
service to or for the benefit of the inhabitants of the municipality. Any
such contract may provide for the periodic payment to the county of a share
of the amounts necessary to pay or provide for the expenses of operation
and maintenance of the waterworks or sewerage system of the combined
waterworks and sewerage system (including insurance) of the county, to pay
the principal of and interest on any revenue bonds issued by the county
hereunder, and to provide an adequate depreciation fund and to maintain
other reserves and sinking funds for the payment of the bonds or the
extension or improvement of the waterworks properties or sewage facilities
of the county or a combination thereof, as the case may be.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the municipality, or for a term not in excess of 40 years, if
the obligation under the contract is payable solely from the revenues
derived by the municipality from its water supply or sewerage system.
If the contract is payable solely from the revenues derived by the
municipality from its water supply or sewerage system, the amounts due
under the contract shall be deemed an expense of operating and maintaining
the water supply or sewerage system of the municipality.
(Source: Laws 1961, p. 2429.)
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65 ILCS 5/Art. 11 Div. 148
(65 ILCS 5/Art. 11 Div. 148 heading)
DIVISION 148.
JOINT CONSTRUCTION OF SEWAGE
PLANT WITH OUT-OF-STATE MUNICIPALITY
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65 ILCS 5/11-148-1
(65 ILCS 5/11-148-1) (from Ch. 24, par. 11-148-1)
Sec. 11-148-1.
Whenever the territory of any municipality of this state is
adjacent to the territory of another state, the municipality may jointly
construct a sewage disposal plant, together with all necessary and proper
pipes, conduits, and appurtenances within its own corporate limits, and may
own, operate, and maintain the plant jointly with any municipality in the
adjacent state, for their joint use, on terms and conditions to be agreed
upon by the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-2
(65 ILCS 5/11-148-2) (from Ch. 24, par. 11-148-2)
Sec. 11-148-2.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant in an Illinois municipality adjacent to
the boundary of the State of Illinois, the municipality in the adjacent
state may construct a sewage disposal plant, together with all necessary
and proper pipes, conduits, and appurtenances, within the corporate limits
of the Illinois municipality, and may hold, own, maintain, and operate the
plant as its sole and separate property, subject to the approval of the
corporate authorities of the Illinois municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-3
(65 ILCS 5/11-148-3) (from Ch. 24, par. 11-148-3)
Sec. 11-148-3.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant within or near the corporate limits of an
adjoining municipality, located in the State of Illinois, the municipality
in the adjacent state may construct the sewage disposal plant within or
near the corporate limits of the Illinois municipality, together with all
necessary pipes, conduits, and appurtenances thereto, and may own, operate,
and maintain the plant and also may permit use thereof by the Illinois
municipality upon terms and conditions to be agreed upon by contract
between the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-4
(65 ILCS 5/11-148-4) (from Ch. 24, par. 11-148-4)
Sec. 11-148-4.
Whenever a municipality located in the State of Illinois
owns and operates a sewage disposal plant within or near its corporate
limits, and is adjacent to a municipality in another state, the Illinois
municipality has the power to permit use of its sewage disposal plant and
appurtenances by the adjacent municipality located in the other state, on
terms to be agreed upon by a contract between the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-5
(65 ILCS 5/11-148-5) (from Ch. 24, par. 11-148-5)
Sec. 11-148-5.
The interest, ownership, or equity which any municipality of
another state has in any sewage disposal plant and necessary connecting and
outlet sewers and appurtenances in the State of Illinois, constructed by
virtue of Section 11-148-1 through 11-148-4 is not subject to taxation in
the State of Illinois.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-6
(65 ILCS 5/11-148-6) (from Ch. 24, par. 11-148-6)
Sec. 11-148-6.
Whenever a municipality of another state constructs or
leases a sewage disposal plant in the State of Illinois, pursuant to the
provisions of Sections 11-148-1 through 11-148-4, the municipality may
condemn and take property within the State of Illinois necessary for that
disposal plant and for connecting and outlet sewers and appurtenances, in
the same manner as might any municipality within this state.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-7
(65 ILCS 5/11-148-7) (from Ch. 24, par. 11-148-7)
Sec. 11-148-7.
The purpose of Sections 11-148-1 through 11-148-6 is the
elimination or lessening of pollution of streams within the State of
Illinois, and is particularly for the benefit of adjacent municipalities
whose territory is located partially in the State of Illinois and partially
in an adjacent state, and whose sewage disposal can be most efficiently and
economically handled by a joint plant for the 2 municipalities. The
sections specified shall be liberally construed to give effect to these
purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 149
(65 ILCS 5/Art. 11 Div. 149 heading)
DIVISION 149.
EXTENSION OF MUNICIPAL WATER
AND SEWER SERVICE OUTSIDE CORPORATE
LIMITS
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65 ILCS 5/11-149-1
(65 ILCS 5/11-149-1) (from Ch. 24, par. 11-149-1)
Sec. 11-149-1. The corporate authorities of a municipality may provide by
ordinance for the extension and maintenance of municipal sewers and water
mains, or both, in specified areas outside the corporate limits. Such
service shall not be extended, however, unless a majority of the owners of
record of the real property in the specified area petition the corporate
authorities for the service. In a non-home rule municipality, if such service has been provided to another unit of local government, the municipality cannot thereafter require the annexation of the property owned by the unit of local government to the municipality as a prerequisite to the continuation and maintenance of such service.
(Source: P.A. 94-544, eff. 8-10-05.)
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65 ILCS 5/11-149-2
(65 ILCS 5/11-149-2) (from Ch. 24, par. 11-149-2)
Sec. 11-149-2.
The extension of such service may be financed by the
issuance of bonds payable solely from the revenue obtained from the
furnishing of such service. The bonds shall be issued and shall be subject
to the provisions, as near as may be, of Division 139 of this article. The
corporate authorities may make rules and regulations and may establish
charges for such service in areas outside the corporate limits in the
manner provided in Section 11-139-8, as near as may be.
(Source: Laws 1963, p. 2727.)
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65 ILCS 5/Art. 11 Div. 150
(65 ILCS 5/Art. 11 Div. 150 heading)
DIVISION 150.
WATERWORKS AND SEWERAGE
CONNECTION CHARGE
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65 ILCS 5/11-150-1
(65 ILCS 5/11-150-1) (from Ch. 24, par. 11-150-1)
Sec. 11-150-1.
The corporate authorities of any municipality operating a
waterworks, sewerage or combined waterworks and sewerage system have the
power by ordinance to collect a fair and reasonable charge for connection
to any such system in addition to those charges covered by normal taxes,
for the construction, expansion and extension of the works of the system,
the charge to be assessed against new or additional users of the system and
to be known as a connection charge, except that no connection or water
usage charge shall exceed the actual cost required for the installation or
usage of an automatic sprinkler system. The funds thus collected shall be used
by the municipality for its general corporate purposes with primary
application thereof being made by the necessary expansion of the works of
the system to meet the requirements of the new users thereof.
(Source: P.A. 85-784.)
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65 ILCS 5/11-150-2 (65 ILCS 5/11-150-2) Sec. 11-150-2. Billing for services. (a) On or after the effective date of this amendatory Act of the 100th General Assembly, the corporate authorities of any municipality operating a waterworks or combined waterworks and sewerage system: (1) shall bill for any utility service, including | | previously unbilled service: (A) within 12 months after the provision of that service to the customer if the service is supplied to a residential customer; or (B) within 24 months after the provision of that service to that customer if the service is supplied to a non-residential customer; however, the corporate authorities of a municipality may bill for unpaid amounts that were billed to a customer or if the customer was notified that there is an unpaid amount before the effective date of this amendatory Act of the 100th General Assembly for service that was supplied to the customer before January 1, 2016;
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| (2) shall not intentionally delay billing beyond the
| | (3) shall label any amount attributed to previously
| | unbilled service as such on the customer's bill and include the beginning and ending dates for the period during which the previously unbilled amount accrued;
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| (4) shall issue the makeup billing amount calculated
| | on a prorated basis to reflect the varying rates for previously unbilled service accrued over a period of time when the rates for service have varied; and
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| (5) shall provide the customer with the option of a
| | payment arrangement to retire the makeup bill for previously unbilled service by periodic payments, without interest or late fees, over a time equal to the amount of time the billing was delayed.
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| (b) The time limit of paragraph (1) of subsection (a) shall not apply to previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter.
(Source: P.A. 100-178, eff. 8-18-17.)
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65 ILCS 5/Art. 11 Div. 150.1
(65 ILCS 5/Art. 11 Div. 150.1 heading)
DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE
(Source: P.A. 99-922, eff. 1-17-17.) |
65 ILCS 5/11-150.1-1 (65 ILCS 5/11-150.1-1) Sec. 11-150.1-1. Lead hazard cost recovery fee. The corporate authorities of any municipality that operates a waterworks system and that incurs reasonable costs to comply with Section 35.5 of the Illinois Plumbing License Law shall have the authority, by ordinance, to collect a fair and reasonable fee from users of the system in order to recover those reasonable costs. Fees collected pursuant to this Section shall be used exclusively for the purpose of complying with Section 35.5 of the Illinois Plumbing License Law.
(Source: P.A. 99-922, eff. 1-17-17.) |
65 ILCS 5/Art. 11 Div. 151
(65 ILCS 5/Art. 11 Div. 151 heading)
DIVISION 151.
MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT
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65 ILCS 5/11-151-1
(65 ILCS 5/11-151-1) (from Ch. 24, par. 11-151-1)
Sec. 11-151-1.
As used in this Article, "public water district" or "district" means a
public water district organized under "An Act in relation to public water
districts", approved July 25, 1945, as amended.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-2
(65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
Sec. 11-151-2. This Article does not apply to any public water district whose territory
is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2-3-5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits
a municipality from continuing to operate utility facilities which it owns
and operates, at the time territory is annexed to the municipality, in that
territory even though it is part of a public water district.
(Source: P.A. 93-1058, eff. 12-2-04.)
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65 ILCS 5/11-151-3
(65 ILCS 5/11-151-3) (from Ch. 24, par. 11-151-3)
Sec. 11-151-3.
Except as otherwise provided in this Article, no municipality may
furnish water or sanitary sewer service to any territory situated within a
public water district and more than one mile from the corporate limits of
the municipality without the district's consent. Nothing in this Section
affects the performance by the municipality of any other function in which
the district is not engaged.
A municipality that operates a public water supply and furnishes water
service has the exclusive right, as against a public water district, to
serve residents in the territory within one mile or less of the corporate
limits of the municipality but may consent to the district's providing
service to such residents.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-4
(65 ILCS 5/11-151-4) (from Ch. 24, par. 11-151-4)
Sec. 11-151-4.
If a municipality annexes all of the territory of a public water
district, the municipality shall take over all the properties and assets of
the district, assume all debts, liabilities and obligations of the district
and perform all functions and services of the district. The district shall
be abolished and the rights and duties imposed on the municipality of this
Section shall commence 90 days after the effective date of the annexation
or at such earlier date as the corporate authorities of the municipality,
by ordinance, provide.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-5
(65 ILCS 5/11-151-5) (from Ch. 24, par. 11-151-5)
Sec. 11-151-5.
If a municipality annexes part, but not all of the territory
of a public
water district, sanitary sewer district, or both, the corporate authorities
of the municipality and of the
district may enter contracts providing for the division and allocation of
duplicate and overlapping powers, functions and duties between the 2
entities and for the use, management, control, purchase, conveyance,
assumption and disposition of the properties, assets, debts, liabilities
and obligations of the district. The corporate authorities of a district
and such a municipality may also enter agreements providing for the
operation by the municipality of the district's utility systems and other
properties or for the transfer, conveyance or sale of those systems and
properties to the municipality. "Systems and properties" includes those of
every kind and character and whether situated within or outside the
municipality. An operating contract made under this Section may not extend
for a period longer than 30 years and must be subject to amendment, renewal
or termination by mutual consent of the contracting parties. No contract
under this Section may contain any provision impairing the obligation of
any existing contract of such a municipality or district.
(Source: P.A. 90-190, eff. 7-24-97.)
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65 ILCS 5/Art. 11 Div. 152
(65 ILCS 5/Art. 11 Div. 152 heading)
DIVISION 152.
MUNICIPAL INSURANCE AVAILABILITY PROGRAM
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65 ILCS 5/11-152-1
(65 ILCS 5/11-152-1) (from Ch. 24, par. 11-152-1)
Sec. 11-152-1.
(a) The corporate authorities of any municipality over
1,000,000 in population
may establish a
municipal insurance availability program to make available to the residents
of such municipality, who are
otherwise unable to obtain such insurance at affordable rates,
insurance against damage or loss, including the costs of diagnosis
or repair, where the proximate cause of such damage or loss is attributable
to the breakage or stoppage of a water or sewage drainage system or pipes, apparatus
and conduits utilized in connection therewith.
(b) The corporate authorities shall establish uniform eligibility
requirements for participation in the program.
(c) The corporate authorities shall appoint a program administrator to
operate the program.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-2
(65 ILCS 5/11-152-2) (from Ch. 24, par. 11-152-2)
Sec. 11-152-2.
(a) The municipal insurance availability program shall
offer to each eligible resident
coverage in the amount and type determined to be sufficient by the program administrator.
(b) Premiums charged for coverage issued under the program shall be
reasonable in relation to the coverage
provided.
(c) The program administrator shall establish a premium billing
procedure for collection of premiums from insureds on a periodic basis.
(d) The program administrator shall perform all necessary functions to
assure timely payment of claims under the program.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-3
(65 ILCS 5/11-152-3) (from Ch. 24, par. 11-152-3)
Sec. 11-152-3.
Revenues received under the municipal insurance
availability program shall be used to
pay the costs of the program and to maintain and service the municipality's
water and sewage drainage system.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-4
(65 ILCS 5/11-152-4) (from Ch. 24, par. 11-152-4)
Sec. 11-152-4.
Municipal insurance availability programs organized
under this Division 152 of Article 11 of the Illinois Municipal Code shall
be subject to all applicable provisions of the Illinois Insurance Code.
(Source: P.A. 84-1431.)
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