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90_HB2161sam002
LRB9004828PTcwam01
1 AMENDMENT TO HOUSE BILL 2161
2 AMENDMENT NO. . Amend House Bill 2161, in Section 5,
3 in the introductory clause, after "amended", by inserting "by
4 adding Sections 8.1 and 8.2 and"; and
5 in Section 5, in the introductory clause, by replacing
6 "follows:" with "follows:
7 (70 ILCS 2805/8.1 new)
8 Sec. 8.1. Private funding of public sewers;
9 reimbursement; contract. If one or more persons pay for
10 building a sewer to be dedicated to the sanitary district as
11 a public sewer, and if the sewer will, in the opinion of the
12 board of trustees, be used for the benefit of property whose
13 owners did not contribute to the cost of the sewer's
14 construction, the board of trustees may provide for
15 reimbursement of some or all of the expenses of the persons
16 who paid for the sewer as provided in this Section. The
17 board of trustees may, by contract, agree to reimburse the
18 persons who paid for the sewer, in whole or in part, for a
19 portion of their costs. The reimbursement shall be made from
20 fees collected from owners of property who did not contribute
21 to the cost of the sewer when it was built. The contract
22 shall describe the property that, in the opinion of the board
-2- LRB9004828PTcwam01
1 of trustees, may reasonably be expected to use and benefit
2 from the sewer and shall specify the amount of proportion of
3 the cost of the sewer that is to be incurred primarily for
4 the benefit of that property. The contract shall provide
5 that the sanitary district shall collect the fees charged to
6 owners of property not contributing to the cost of the sewer
7 as a condition to the connection to and use of the sewer by
8 the respective properties of each owner. The contract may
9 provide for the payment of a reasonable amount of interest or
10 other charge on the amount expended in completing the sewer,
11 with interest to be calculated from and after the date of
12 completion of the sewer. Nothing in this Section shall be
13 construed to require an owner of property described in a
14 contract to connect such property to the sewer or to pay a
15 fee if such property is not connected to the sewer.
16 (70 ILCS 2805/8.2 new)
17 Sec. 8.2. Filing of contract. A contract entered into
18 under Section 8.1 between the board of trustees and persons
19 building a sewer to be dedicated to the sanitary district as
20 a public sewer shall be filed with the recorder of each
21 county in which all or a part of the property affected by the
22 contract is located. The recording of the contract in this
23 manner shall serve to notify persons interested in that
24 property of the fact that there will be a charge in relation
25 to that property for the connection to and use of the
26 facilities constructed under the contract. Failure to record
27 the contract does not affect the validity of the contract.";
28 and
29 by inserting immediately below the last Section at the end of
30 the bill the following:
31 "Section 99. Effective date. This Act takes effect upon
32 becoming law.".