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91_HB2626ham001
LRB9104923PTksam
1 AMENDMENT TO HOUSE BILL 2626
2 AMENDMENT NO. . Amend House Bill 2626 by replacing
3 the title with the following:
4 "AN ACT concerning sanitation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Municipal Code is amended by
8 changing Sections 11-141-7 and 11-141-16 as follows:
9 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
10 Sec. 11-141-7. Powers. The corporate authorities of any
11 municipality that owns and operates or that may hereafter own
12 and operate a sewerage system constructed or acquired under
13 the provisions of any law of this state may make, enact, and
14 enforce all needful rules, regulations, and ordinances for
15 the improvement, care, and protection of its sewerage system
16 and any other sewer or sewerage system, located outside the
17 corporate boundary of the municipality and not owned by it,
18 that directly or indirectly connects with the municipality's
19 sewerage system, which may be conducive to the preservation
20 of the public health, comfort, and convenience, and may
21 render the sewage carried in the sewerage system of the
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1 municipality harmless in so far as it is reasonably possible
2 to do so.
3 The corporate authorities of such a municipality may, by
4 ordinance, charge the inhabitants thereof for the use and
5 service of its sewerage system whether by direct or indirect
6 connection therewith within or without the corporate
7 boundary, and to establish charges or rates for that purpose.
8 The corporate authorities of such a municipality may by
9 ordinance charge the users thereof, whether they be inside of
10 or outside of the municipality, for the use and service of
11 its sewerage system whether by direct or indirect connection
12 therewith, within or without the corporate boundary, and may
13 establish charges or rates for that purpose, provided however
14 that where such users are residents of another municipality
15 with whom there is a contract for use and service of the
16 sewerage system, then such charges or rates shall be made in
17 accordance with the terms of the contract, either directly to
18 the users or to the contracting municipality as may be
19 provided by the provisions of the contract. In making such
20 rates and charges the municipality may provide for a rate to
21 the outside users in excess of the rate fixed for the
22 inhabitants of said municipality as may be reasonable. Where
23 bonds are issued as provided in Sections 11-141-2 and
24 11-141-3, the corporate authorities shall establish rates or
25 charges as provided in this section, and these charges or
26 rates shall be sufficient at all times to pay the cost of
27 operation and maintenance, to provide an adequate
28 depreciation fund, and to pay the principal of and interest
29 upon all revenue bonds issued under Sections 11-141-2 and
30 11-141-3.
31 A depreciation fund is a fund for such replacements as
32 may be necessary from time to time for the continued
33 effective and efficient operation of the system. The
34 depreciation fund shall not be allowed to accumulate beyond a
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1 reasonable amount necessary for that purpose, and shall not
2 be used for extensions to the system.
3 Charges or rates shall be established, revised, and
4 maintained by ordinance and become payable as the corporate
5 authorities may determine by ordinance.
6 Such charges or rates are liens upon the real estate upon
7 or for which sewerage service is supplied whenever the
8 charges or rates become delinquent as provided by the
9 ordinance of the municipality fixing a delinquency date. A
10 lien is created under the preceding sentence only if the
11 municipality sends to the owner or owners of record, as
12 referenced by the taxpayer's identification number, of the
13 real estate (i) a copy of each delinquency notice sent to the
14 person who is delinquent in paying the charges or rates or
15 other notice sufficient to inform the owner or owners of
16 record, as referenced by the taxpayer's identification
17 number, that the charges or rates have become delinquent and
18 (ii) a notice that unpaid charges or rates may create a lien
19 on the real estate under this Section. However, the
20 municipality has no preference over the rights of any
21 purchaser, mortgagee, judgment creditor, or other lien holder
22 arising prior to the filing of the notice of such a lien in
23 the office of the recorder of the county in which such real
24 estate is located, or in the office of the registrar of
25 titles of such county if the property affected is registered
26 under "An Act concerning land titles", approved May 1, 1897,
27 as amended. This notice shall consist of a sworn statement
28 setting out (1) a description of such real estate sufficient
29 for the identification thereof, (2) the amount of money due
30 for such sewerage service, and (3) the date when such amount
31 became delinquent. The municipality shall send a copy of the
32 notice of the lien to the owner or owners of record of the
33 real estate, as referenced by the taxpayer's identification
34 number. The municipality has the power to foreclose this lien
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1 in the same manner and with the same effect as in the
2 foreclosure of mortgages on real estate.
3 Except in counties with a population of more than 250,000
4 where the majority of the municipal sewerage system users are
5 located outside of the municipality's corporate limits, the
6 payment of delinquent charges for sewerage service to any
7 premises may be enforced by discontinuing either the water
8 service or the sewerage service to that premises, or both. A
9 rate or charge is delinquent if it is more than 30 days
10 overdue. Any public or municipal corporation or political
11 subdivision of the State furnishing water service to a
12 premises (i) shall discontinue that service upon receiving
13 written notice from the municipality providing sewerage
14 service that payment of the rate or charge for sewerage
15 service to the premises has become delinquent and (ii) shall
16 not resume water service until receiving a similar notice
17 that the delinquency has been removed. The provider of
18 sewerage service shall not request discontinuation of water
19 service before sending a notice of the delinquency to the
20 sewer user and affording the user an opportunity to be heard.
21 An investor-owned public utility providing water service
22 within a municipality that provides sewerage service may
23 contract with the municipality to discontinue water service
24 to a premises with respect to which the payment of a rate or
25 charge for sewerage service has become delinquent. The
26 municipality shall reimburse the privately owned public
27 utility, public or municipal corporation, or political
28 subdivision of the State for the reasonable cost of the
29 discontinuance and the resumption of water service, any lost
30 water service revenues, and the costs of discontinuing water
31 service. The municipality shall indemnify the privately owned
32 public utility, public or municipal corporation, or political
33 subdivision of the State for any judgment and related
34 attorney's fees resulting from an action based on any
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1 provision of this paragraph.
2 The municipality also has the power, from time to time,
3 to sue the occupant or user of that real estate in a civil
4 action to recover money due for sewerage services, plus a
5 reasonable attorney's fee, to be fixed by the court. However,
6 whenever a judgment is entered in such a civil action, the
7 foregoing provisions in this section with respect to filing
8 sworn statements of such delinquencies in the office of the
9 recorder and creating a lien against the real estate shall
10 not be effective as to the charges sued upon and no lien
11 shall exist thereafter against the real estate for the
12 delinquency. Judgment in such a civil action operates as a
13 release and waiver of the lien upon the real estate for the
14 amount of the judgment.
15 (Source: P.A. 87-1197.)
16 (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
17 Sec. 11-141-16. Powers; particular locality. If after
18 the public hearing the corporate authorities of the
19 municipality adopt a resolution to proceed with the
20 construction or acquisition of the project, the corporate
21 authorities may make and enforce all needful rules and
22 regulations in connection with the construction, acquisition,
23 improvement, or extension, and with the management and
24 maintenance of the project to be constructed or acquired. The
25 corporate authorities also may establish the rate or charge
26 to each user of the sewerage system or improvement or
27 extension at a rate which will be sufficient to pay the
28 principal and interest of any bonds, issued to pay the cost
29 thereof, maintenance, and operation of the system,
30 improvement, or extension and may provide an adequate
31 depreciation fund therefor. Charges or rates shall be
32 established, revised, and maintained by ordinance and become
33 payable as the corporate authorities may determine by
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1 ordinance. Such charges or rates are liens upon the real
2 estate upon or for which sewerage service is supplied
3 whenever the charges or rates become delinquent as provided
4 by the ordinance of the municipality fixing a delinquency
5 date. A lien is created under the preceding sentence only if
6 the municipality sends to the owner or owners of record of
7 the real estate, as referenced by the taxpayer's
8 identification number, (i) a copy of each delinquency notice
9 sent to the person who is delinquent in paying the charges or
10 rates or other notice sufficient to inform the owner or
11 owners of record, as referenced by the taxpayer's
12 identification number, that the charges or rates have become
13 delinquent and (ii) a notice that unpaid charges or rates may
14 create a lien on the real estate under this Section. However,
15 the municipality has no preference over the rights of any
16 purchaser, mortgagee, judgment creditor, or other lien holder
17 arising prior to the filing of the notice of such a lien in
18 the office of the recorder of the county in which such real
19 estate is located or in the office of the registrar of titles
20 of such county if the property affected is registered under
21 "An Act concerning land titles", approved May 1, 1897, as
22 amended. This notice shall consist of a sworn statement
23 setting out (1) a description of such real estate sufficient
24 for the identification thereof, (2) the amount of money due
25 for such sewerage service, and (3) the date when such amount
26 became delinquent, (4) the owner of record of the premises.
27 The municipality shall send a copy of the notice of the lien
28 to the owner or owners of record of the real estate, as
29 referenced by the taxpayer's identification number. The
30 municipality may foreclose this lien in the same manner and
31 with the same effect as in the foreclosure of mortgages on
32 real estate.
33 Except in counties with a population of more than 250,000
34 where the majority of the municipal sewerage system users are
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1 located outside of the municipality's corporate limits, the
2 payment of delinquent charges for sewerage service to any
3 premises may be enforced by discontinuing either the water
4 service or the sewerage service to that premises, or both. A
5 rate or charge is delinquent if it is more than 30 days
6 overdue. Any public or municipal corporation or political
7 subdivision of the State furnishing water service to a
8 premises (i) shall discontinue that service upon receiving
9 written notice from the municipality providing sewerage
10 service that payment of the rate or charge for sewerage
11 service to the premises has become delinquent and (ii) shall
12 not resume water service until receiving a similar notice
13 that the delinquency has been removed. The provider of
14 sewerage service shall not request discontinuation of water
15 service before sending a notice of the delinquency to the
16 sewer user and affording the user an opportunity to be heard.
17 An investor-owned public utility providing water service
18 within a municipality that provides sewerage service may
19 contract with the municipality to discontinue water service
20 to a premises with respect to which the payment of a rate or
21 charge for sewerage service has become delinquent. The
22 municipality shall reimburse the privately owned public
23 utility, public or municipal corporation, or political
24 subdivision of the State for the reasonable cost of the
25 discontinuance and the resumption of water service, any lost
26 water service revenues, and the costs of discontinuing water
27 service. The municipality shall indemnify the privately owned
28 public utility, public or municipal corporation, or political
29 subdivision of the State for any judgment and related
30 attorney's fees resulting from an action based on any
31 provision of this paragraph.
32 The municipality also may, from time to time, sue the
33 occupant or user of the real estate in a civil action to
34 recover the money due for sewerage services, plus a
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1 reasonable attorney's fee, to be fixed by the court. However,
2 whenever a judgment is entered in such a civil action, the
3 foregoing provision in this section with respect to filing
4 sworn statements of such delinquencies in the office of the
5 recorder and creating a lien against the real estate shall
6 not be effective as to the charges sued upon and no lien
7 shall exist thereafter against the real estate for that
8 delinquency. Judgment in such a civil action operates as a
9 release and waiver of the lien upon the real estate for the
10 amount of the judgment. The charge provided in this section
11 to be made against each user of an improvement or extension
12 shall be in addition to the charge, if any, made of all users
13 of the system under Section 11-141-7 and shall be kept
14 separate and distinct therefrom.
15 This amendatory Act of 1975 is not a limit on any
16 municipality which is a home rule unit.
17 (Source: P.A. 87-1197.)
18 Section 10. The Sanitary District Revenue Bond Act is
19 amended by changing Sections 1 and 7 as follows:
20 (70 ILCS 3010/1) (from Ch. 42, par. 319.1)
21 Sec. 1. When used in this Act:
22 "Sewerage system" means and includes any or all of the
23 following: a sewage treatment plant or plants, collecting,
24 intercepting and outlet sewers, force mains, conduits,
25 lateral sewers and extensions, pumping stations, ejector
26 stations, and all other appurtenances, extensions, or
27 improvements necessary or useful and convenient for the
28 collection, treatment, and disposal, in a sanitary manner, of
29 sewage and industrial wastes. The term also includes the
30 disconnection of storm water drains and constructing outlets
31 therefor, where, in any case, such work is necessary to
32 relieve existing sanitary sewers of storm water loads, in
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1 order to permit the efficient operation of such sanitary
2 sewers for collection, treatment, and disposal of sewage and
3 industrial wastes.
4 "Sanitary district" means a sanitary district organized
5 and created under any of the laws of the State of Illinois
6 having a population of less than 500,000 and also means a
7 sanitary district organized under the North Shore Sanitary
8 District Act and any drainage district which comes within the
9 terms of "An Act relating to drainage districts that collect
10 and convey sewage and other wastes through long, continued
11 and common usage of district drainage facilities", enacted by
12 the 73rd General Assembly.
13 "Board of trustees" means the board of trustees of a
14 sanitary district or the commissioners of a drainage
15 district.
16 "Municipality" means a city, village, or incorporated
17 town in the State of Illinois having a population of less
18 than 500,000.
19 "Corporate authorities" means the city council or similar
20 body of cities and the board of trustees or similar body of
21 villages or incorporated towns.
22 (Source: Laws 1963, p. 2986.)
23 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
24 Sec. 7. The board of trustees of any sanitary district
25 that owns and operates or that may hereafter own and operate
26 a sewerage system constructed or acquired under the
27 provisions of any law of this State has the power to make,
28 enact, and enforce all needful rules and regulations in the
29 construction, acquisition, improvement, extension,
30 management, and maintenance of its sewerage system and for
31 the use thereof. The board of trustees of such a sanitary
32 district also has the power to make, enact, and enforce all
33 needful rules, regulations, and ordinances for the
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1 improvement, care, and protection of its sewerage system,
2 which may be conducive to the preservation of the public
3 health, comfort, and convenience, and to render the sewage of
4 the sanitary district harmless in so far as it is reasonably
5 possible to do so.
6 The board of trustees of such a sanitary district has the
7 power, by ordinance, to charge the inhabitants thereof for
8 the use and service of its sewerage system and to establish
9 charges or rates for that purpose. Where bonds are issued as
10 provided in sections 2 and 3 of this Act, the board of
11 trustees shall establish rates or charges as provided in this
12 section, and these charges or rates shall be sufficient at
13 all times to pay the cost of operation and maintenance, to
14 provide an adequate depreciation fund, and to pay the
15 principal of and interest upon all revenue bonds issued under
16 sections 2 and 3 hereof.
17 A depreciation fund is a fund for such replacements as
18 may be necessary from time to time for the continued
19 effective and efficient operation of the system. The
20 depreciation fund shall not be allowed to accumulate beyond a
21 reasonable amount necessary for that purpose, and shall not
22 be used for extensions to the system.
23 Charges or rates shall be established, revised, and
24 maintained by ordinance and become payable as the board of
25 trustees may determine by ordinance. Such charges or rates
26 shall be liens upon the real estate upon or for which
27 sewerage service is supplied; provided, however, such liens
28 shall not attach to such real estate until such charges or
29 rates have become delinquent as provided by the ordinance of
30 the sanitary district fixing a delinquency date. A lien is
31 created under the preceding sentence only if the sanitary
32 district sends to the owner or owners of record of the real
33 estate, as referenced by the taxpayer's identification
34 number, (i) a copy of each delinquency notice sent to the
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1 person who is delinquent in paying the charges or rates or
2 other notice sufficient to inform the owner or owners of
3 record, as referenced by the taxpayer's identification
4 number, that the charges or rates have become delinquent and
5 (ii) a notice that unpaid charges or rates may create a lien
6 on the real estate under this Section. Nothing in this
7 Section shall be construed to give the sanitary district a
8 preference over the rights of any purchaser, mortgagee,
9 judgment creditor or other lien holder arising prior to the
10 filing in the office of the recorder of the county in which
11 such real estate is located, or in the office of the
12 registrar of titles of such county if the property affected
13 is registered under the Torrens System, of notice of said
14 lien. The notice shall consist of a sworn statement setting
15 out (1) a description of the real estate sufficient for the
16 identification thereof, upon or for which the sewerage
17 service was supplied, (2) the amount or amounts of money due
18 for such sewerage service, and (3) the date or dates when
19 such amount or amounts became delinquent. The sanitary
20 district shall send a copy of the notice of the lien to the
21 owner or owners of record of the real estate, as referenced
22 by the taxpayer's identification number. The sanitary
23 district shall have the power to foreclose such lien in like
24 manner and with like effect as in the foreclosure of
25 mortgages on real estate.
26 The payment of delinquent charges for sewerage service to
27 any premises may be enforced by discontinuing either the
28 water service or the sewerage service to that premises, or
29 both. A rate or charge is delinquent if it is more than 30
30 days overdue. Any public or municipal corporation or
31 political subdivision of the State furnishing water service
32 to a premises (i) shall discontinue that service upon
33 receiving written notice from the sanitary district in which
34 the premises lies that payment of the rate or charge for
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1 sewerage service to the premises has become delinquent and
2 (ii) shall not resume water service until receiving a similar
3 notice that the delinquency has been removed. The provider of
4 sewerage service shall not request discontinuation of water
5 service before sending a notice of the delinquency to the
6 sewer user and affording the user an opportunity to be heard.
7 The sanitary district shall reimburse the public or municipal
8 corporation or political subdivision of the State for the
9 reasonable cost of the discontinuance and the resumption of
10 water service. The sanitary district may contract with any
11 privately owned public utility for the discontinuance of
12 water service to a premises with respect to which the payment
13 of a rate or charge for sewerage service has become
14 delinquent. The sanitary district shall reimburse the water
15 service provider for any lost water service revenues and the
16 costs of discontinuing water service, and shall indemnify the
17 water service provider for any judgment and related
18 attorney's fees resulting from an action based on any
19 provision of this paragraph.
20 The sanitary district also has the power, from time to
21 time, to sue the owner, occupant or user of that real estate,
22 or a person receiving any direct or indirect benefit from
23 such services, in a civil action to recover money due for
24 sewerage services, plus a reasonable attorney's fee, to be
25 fixed by the court; provided, however, that the sanitary
26 district shall give notice of its intention to bring such
27 action to the owner of record by regular mail not less than 7
28 days prior to filing such civil action.
29 Judgment in a civil action brought by the sanitary
30 district to recover or collect such charges shall not operate
31 as a release or waiver of the lien upon the real estate for
32 the amount of the judgment. Only satisfaction of the
33 judgment or the filing of a release and satisfaction of lien
34 shall release said lien. The lien for charges on account of
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1 services or benefits provided for in this Section and the
2 rights created hereunder shall be in addition to and not in
3 derogation of the lien upon real estate created by and
4 imposed for general real estate taxes.
5 (Source: P.A. 87-1197.)".