Sen. Todd Sieben
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 833
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2 | AMENDMENT NO. ______. Amend House Bill 833 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 11-141-7 and 11-141-16 as follows:
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6 | (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
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7 | (Text of Section before amendment by P.A. 93-500 )
| ||||||
8 | Sec. 11-141-7. The corporate authorities of any | ||||||
9 | municipality that owns and
operates or that may hereafter own | ||||||
10 | and operate a sewerage system
constructed or acquired under the | ||||||
11 | provisions of any law of this state may
make, enact, and | ||||||
12 | enforce all needful rules, regulations, and ordinances for
the | ||||||
13 | improvement, care, and protection of its sewerage system and | ||||||
14 | any other
sewer or sewerage system, located outside the | ||||||
15 | corporate boundary of the
municipality and not owned by it, | ||||||
16 | that directly or indirectly connects with
the municipality's | ||||||
17 | sewerage system, which may be conducive to the
preservation of | ||||||
18 | the public health, comfort, and convenience, and may render
the | ||||||
19 | sewage carried in the sewerage system of the municipality | ||||||
20 | harmless in
so far as it is reasonably possible to do so.
| ||||||
21 | The corporate authorities of such a municipality may, by | ||||||
22 | ordinance,
charge the inhabitants thereof for the use and | ||||||
23 | service of its sewerage
system whether by direct or indirect | ||||||
24 | connection therewith within or without
the corporate boundary, |
| |||||||
| |||||||
1 | and to establish charges or rates for that purpose.
The | ||||||
2 | corporate authorities of such a municipality may by ordinance | ||||||
3 | charge
the users thereof, whether they be inside of or outside | ||||||
4 | of the
municipality, for the use and service of its sewerage | ||||||
5 | system whether by
direct or indirect connection therewith, | ||||||
6 | within or without the corporate
boundary, and may establish | ||||||
7 | charges or rates for that purpose, provided
however that where | ||||||
8 | such users are residents of another municipality with
whom | ||||||
9 | there is a contract for use and service of the sewerage system, | ||||||
10 | then
such charges or rates shall be made in accordance with the | ||||||
11 | terms of the
contract, either directly to the users or to the | ||||||
12 | contracting municipality
as may be provided by the provisions | ||||||
13 | of the contract. In making such rates
and charges the | ||||||
14 | municipality may provide for a rate to the outside users in
| ||||||
15 | excess of the rate fixed for the inhabitants of said | ||||||
16 | municipality as may be
reasonable. Where bonds are issued as | ||||||
17 | provided in Sections 11-141-2 and
11-141-3, the corporate | ||||||
18 | authorities shall establish rates or charges as
provided in | ||||||
19 | this section, and these charges or rates shall be sufficient at
| ||||||
20 | all times to pay the cost of operation and maintenance, to | ||||||
21 | provide an
adequate depreciation fund, and to pay the principal | ||||||
22 | of and interest upon
all revenue bonds issued under Sections | ||||||
23 | 11-141-2 and 11-141-3.
| ||||||
24 | A depreciation fund is a fund for such replacements as may | ||||||
25 | be necessary
from time to time for the continued effective and | ||||||
26 | efficient operation of
the system. The depreciation fund shall | ||||||
27 | not be allowed to accumulate beyond
a reasonable amount | ||||||
28 | necessary for that purpose, and shall not be used for
| ||||||
29 | extensions to the system.
| ||||||
30 | Charges or rates shall be established, revised, and | ||||||
31 | maintained by
ordinance and become payable as the corporate | ||||||
32 | authorities may determine by
ordinance.
| ||||||
33 | Such charges or rates are liens upon the real estate upon | ||||||
34 | or for which
sewerage service is supplied whenever the charges |
| |||||||
| |||||||
1 | or rates become
delinquent as provided by the ordinance of the | ||||||
2 | municipality fixing a
delinquency date. A lien is created under | ||||||
3 | the preceding sentence only if the
municipality sends to the | ||||||
4 | owner or owners of record, as referenced by the
taxpayer's | ||||||
5 | identification number, of the real estate (i) a copy of each
| ||||||
6 | delinquency notice sent to the person who is delinquent in | ||||||
7 | paying the charges
or rates or other notice sufficient to | ||||||
8 | inform the owner or owners of record, as
referenced by the | ||||||
9 | taxpayer's identification number, that the charges or rates
| ||||||
10 | have become delinquent and (ii) a notice that unpaid charges or | ||||||
11 | rates may
create a lien on the real estate under this Section. | ||||||
12 | However, the municipality
has no preference over the rights of | ||||||
13 | any purchaser, mortgagee, judgment
creditor, or other lien | ||||||
14 | holder arising prior to the filing of the notice of
such a lien | ||||||
15 | in the office of the recorder of the county in which such real
| ||||||
16 | estate is located, or in the office of the registrar of titles | ||||||
17 | of such county
if the property affected is registered under "An | ||||||
18 | Act concerning land titles",
approved May 1, 1897, as amended. | ||||||
19 | This notice shall consist of a sworn
statement setting out (1) | ||||||
20 | a description of such real estate sufficient for the
| ||||||
21 | identification thereof, (2) the amount of money due for such | ||||||
22 | sewerage service,
and (3) the date when such amount became | ||||||
23 | delinquent. The municipality shall
send a copy of the notice of | ||||||
24 | the lien to the owner or owners of
record of the real estate, | ||||||
25 | as referenced by the taxpayer's identification
number. The | ||||||
26 | municipality has the power to foreclose this lien in the same
| ||||||
27 | manner and with the same effect as in the foreclosure of | ||||||
28 | mortgages on real
estate.
| ||||||
29 | The municipality also has the power, from time to time, to | ||||||
30 | sue the
occupant or user of that real estate in a civil action | ||||||
31 | to recover money due
for sewerage services, plus a reasonable | ||||||
32 | attorney's fee, to be fixed by the
court. However, whenever a | ||||||
33 | judgment is entered in such a civil action, the
foregoing | ||||||
34 | provisions in this section with respect to filing sworn
|
| |||||||
| |||||||
1 | statements of such delinquencies in the office of the recorder | ||||||
2 | and
creating a lien against the real estate shall not be | ||||||
3 | effective as to the
charges sued upon and no lien shall exist | ||||||
4 | thereafter against the real
estate for the delinquency. | ||||||
5 | Judgment in such a civil action operates as a
release and | ||||||
6 | waiver of the lien upon the real estate for the amount of the
| ||||||
7 | judgment.
| ||||||
8 | (Source: P.A. 87-1197.)
| ||||||
9 | (Text of Section after amendment by P.A. 93-500 )
| ||||||
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 the | ||||||
13 | provisions of any law of this state may
make, enact, and | ||||||
14 | enforce all needful rules, regulations, and ordinances for
the | ||||||
15 | improvement, care, and protection of its sewerage system and | ||||||
16 | 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 of | ||||||
20 | the public health, comfort, and convenience, and may render
the | ||||||
21 | sewage carried in the sewerage system of the municipality | ||||||
22 | harmless in
so far as it is reasonably possible to do so.
| ||||||
23 | The corporate authorities of such a municipality may, by | ||||||
24 | ordinance,
charge the inhabitants thereof for the use and | ||||||
25 | service of its sewerage
system whether by direct or indirect | ||||||
26 | connection therewith within or without
the corporate boundary, | ||||||
27 | and to establish charges or rates for that purpose.
The | ||||||
28 | corporate authorities of such a municipality may by ordinance | ||||||
29 | charge
the users thereof, whether they be inside of or outside | ||||||
30 | of the
municipality, for the use and service of its sewerage | ||||||
31 | system whether by
direct or indirect connection therewith, | ||||||
32 | within or without the corporate
boundary, and may establish | ||||||
33 | charges or rates for that purpose, provided
however that where |
| |||||||
| |||||||
1 | such users are residents of another municipality with
whom | ||||||
2 | there is a contract for use and service of the sewerage system, | ||||||
3 | then
such charges or rates shall be made in accordance with the | ||||||
4 | terms of the
contract, either directly to the users or to the | ||||||
5 | contracting municipality
as may be provided by the provisions | ||||||
6 | of the contract. In making such rates
and charges the | ||||||
7 | municipality may provide for a rate to the outside users in
| ||||||
8 | excess of the rate fixed for the inhabitants of said | ||||||
9 | municipality as may be
reasonable. Where bonds are issued as | ||||||
10 | provided in Sections 11-141-2 and
11-141-3, the corporate | ||||||
11 | authorities shall establish rates or charges as
provided in | ||||||
12 | this 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 principal | ||||||
15 | of and interest upon
all revenue bonds issued under Sections | ||||||
16 | 11-141-2 and 11-141-3.
| ||||||
17 | A depreciation fund is a fund for such replacements as may | ||||||
18 | be necessary
from time to time for the continued effective and | ||||||
19 | efficient operation of
the system. The depreciation fund shall | ||||||
20 | not be allowed to accumulate beyond
a reasonable amount | ||||||
21 | necessary for that purpose, and shall not be used for
| ||||||
22 | extensions to the system.
| ||||||
23 | Charges or rates shall be established, revised, and | ||||||
24 | maintained by
ordinance and become payable as the corporate | ||||||
25 | authorities may determine by
ordinance.
| ||||||
26 | Such charges or rates are liens upon the real estate upon | ||||||
27 | or for which
sewerage service is supplied whenever the charges | ||||||
28 | or rates become
delinquent as provided by the ordinance of the | ||||||
29 | municipality fixing a
delinquency date. A lien is created under | ||||||
30 | the preceding sentence only if the
municipality sends to the | ||||||
31 | owner or owners of record, as referenced by the
taxpayer's | ||||||
32 | identification number, of the real estate (i) a copy of each
| ||||||
33 | delinquency notice sent to the person who is delinquent in | ||||||
34 | paying the charges
or rates or other notice sufficient to |
| |||||||
| |||||||
1 | inform the owner or owners of record, as
referenced by the | ||||||
2 | taxpayer's identification number, that the charges or rates
| ||||||
3 | have become delinquent and (ii) a notice that unpaid charges or | ||||||
4 | rates may
create a lien on the real estate under this Section. | ||||||
5 | However, the municipality
has no preference over the rights of | ||||||
6 | any purchaser, mortgagee, judgment
creditor, or other lien | ||||||
7 | holder arising prior to the filing of the notice of
such a lien | ||||||
8 | in the office of the recorder of the county in which such real
| ||||||
9 | estate is located, or in the office of the registrar of titles | ||||||
10 | of such county
if the property affected is registered under "An | ||||||
11 | Act concerning land titles",
approved May 1, 1897, as amended. | ||||||
12 | This notice shall consist of a sworn
statement setting out (1) | ||||||
13 | a description of such real estate sufficient for the
| ||||||
14 | identification thereof, (2) the amount of money due for such | ||||||
15 | sewerage service,
and (3) the date when such amount became | ||||||
16 | delinquent. The municipality shall
send a copy of the notice of | ||||||
17 | the lien to the owner or owners of
record of the real estate, | ||||||
18 | as referenced by the taxpayer's identification
number. The | ||||||
19 | municipality has the power to foreclose this lien in the same
| ||||||
20 | manner and with the same effect as in the foreclosure of | ||||||
21 | mortgages on real
estate.
| ||||||
22 | Except in counties with a population of more than 250,000 | ||||||
23 | where the majority
of the municipal sewerage system users are | ||||||
24 | located outside of the
municipality's
corporate limits, the | ||||||
25 | payment of delinquent charges for sewerage service or solid | ||||||
26 | waste disposal service to
any premises may be enforced by | ||||||
27 | discontinuing any one or more of
either the water service , the | ||||||
28 | solid waste disposal service, or the
sewerage service to that | ||||||
29 | premises , or both .
A rate or charge is delinquent if it is more | ||||||
30 | than 30 days
overdue. Any public or municipal corporation
or | ||||||
31 | political
subdivision of the State furnishing water service to | ||||||
32 | a premises (i) shall
discontinue that service upon receiving | ||||||
33 | written notice from the municipality
providing sewerage | ||||||
34 | service or solid waste disposal service that payment of the |
| |||||||
| |||||||
1 | rate or charge for
sewerage
or solid waste disposal service to | ||||||
2 | the premises has become delinquent and (ii) shall not resume | ||||||
3 | water
service until receiving a similar notice that the | ||||||
4 | delinquency has been removed.
The provider of sewerage or solid | ||||||
5 | waste disposal service shall not request discontinuation of | ||||||
6 | water
service before sending a notice of the delinquency to the | ||||||
7 | sewer user and
affording the user an opportunity to be heard.
| ||||||
8 | An investor-owned public utility providing water service | ||||||
9 | within a municipality
that provides sewerage service may | ||||||
10 | contract with the municipality to
discontinue
water service to | ||||||
11 | a premises with respect to which the
payment of a rate or | ||||||
12 | charge for sewerage service has become delinquent.
The | ||||||
13 | municipality shall reimburse the privately owned public | ||||||
14 | utility, public or
municipal corporation, or
political | ||||||
15 | subdivision of the State for the reasonable cost of the
| ||||||
16 | discontinuance and the resumption of water service, any
lost | ||||||
17 | water service revenues, and the costs of discontinuing water | ||||||
18 | service.
The municipality shall indemnify the privately owned | ||||||
19 | public utility, public or
municipal corporation, or political | ||||||
20 | subdivision of the State for any judgment
and related | ||||||
21 | attorney's fees resulting from an action based on any provision | ||||||
22 | of
this paragraph. In this paragraph, "solid waste" means that | ||||||
23 | term as it is defined in Section 3.470 of the Environmental | ||||||
24 | Protection Act and also means "garbage", "refuse", and "ashes" | ||||||
25 | as those terms are defined in Section 11-19-2 of this Code.
| ||||||
26 | The municipality also has the power, from time to time, to | ||||||
27 | sue the
occupant or user of that real estate in a civil action | ||||||
28 | to recover money due
for sewerage services, plus a reasonable | ||||||
29 | attorney's fee, to be fixed by the
court. However, whenever a | ||||||
30 | judgment is entered in such a civil action, the
foregoing | ||||||
31 | provisions in this section with respect to filing sworn
| ||||||
32 | statements of such delinquencies in the office of the recorder | ||||||
33 | and
creating a lien against the real estate shall not be | ||||||
34 | effective as to the
charges sued upon and no lien shall exist |
| |||||||
| |||||||
1 | thereafter against the real
estate for the delinquency. | ||||||
2 | Judgment in such a civil action operates as a
release and | ||||||
3 | waiver of the lien upon the real estate for the amount of the
| ||||||
4 | judgment.
| ||||||
5 | (Source: P.A. 93-500, eff. 6-1-04.)
| ||||||
6 | (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
| ||||||
7 | (Text of Section before amendment by P.A. 93-500 )
| ||||||
8 | Sec. 11-141-16. If after the public hearing the corporate | ||||||
9 | authorities of
the municipality adopt a resolution to proceed | ||||||
10 | with the construction or
acquisition of the project, the | ||||||
11 | corporate authorities may make and enforce
all needful rules | ||||||
12 | and regulations in connection with the construction,
| ||||||
13 | acquisition, improvement, or extension, and with the | ||||||
14 | management and maintenance
of the project to be constructed or | ||||||
15 | acquired. The corporate authorities also
may establish the rate | ||||||
16 | or charge to each user of the sewerage system or
improvement or | ||||||
17 | extension at a rate which will be sufficient to pay the
| ||||||
18 | principal and interest of any bonds, issued to pay the cost | ||||||
19 | thereof,
maintenance, and operation of the system, | ||||||
20 | improvement, or extension and may
provide an adequate | ||||||
21 | depreciation fund therefor. Charges or rates shall be
| ||||||
22 | established, revised, and maintained by ordinance and become | ||||||
23 | payable as the
corporate authorities may determine by | ||||||
24 | ordinance. Such charges or rates are
liens upon the real estate | ||||||
25 | upon or for which sewerage service is supplied
whenever the | ||||||
26 | charges or rates become delinquent as provided by the ordinance | ||||||
27 | of
the municipality fixing a delinquency date. A lien is | ||||||
28 | created under the
preceding sentence only if the municipality | ||||||
29 | sends to the owner or owners of
record of the real estate, as | ||||||
30 | referenced by the taxpayer's identification
number, (i) a copy | ||||||
31 | of each delinquency notice sent to the person who is
delinquent | ||||||
32 | in paying the charges or rates or other notice sufficient to | ||||||
33 | inform
the owner or owners of record, as referenced by the |
| |||||||
| |||||||
1 | taxpayer's identification
number, that the charges or rates | ||||||
2 | have become delinquent and (ii) a notice that
unpaid charges or | ||||||
3 | rates may create a lien on the real estate under this
Section. | ||||||
4 | However, the municipality has no preference over the rights of | ||||||
5 | any
purchaser, mortgagee, judgment creditor, or other lien | ||||||
6 | holder arising prior to
the filing of the notice of such a lien | ||||||
7 | in the office of the recorder of the
county in which such real | ||||||
8 | estate is located or in the office of the registrar
of titles | ||||||
9 | of such county if the property affected is registered under "An | ||||||
10 | Act
concerning land titles", approved May 1, 1897, as amended. | ||||||
11 | This notice shall
consist of a sworn statement setting out (1) | ||||||
12 | a description of such real estate
sufficient for the | ||||||
13 | identification thereof, (2) the amount of money due for such
| ||||||
14 | sewerage service, and (3) the date when such amount became | ||||||
15 | delinquent, (4) the
owner of record of the premises. The | ||||||
16 | municipality shall send a copy of the
notice of the lien to the | ||||||
17 | owner or owners of record of the real estate, as
referenced by | ||||||
18 | the taxpayer's identification number. The municipality may
| ||||||
19 | foreclose this lien in the same manner and with the same effect | ||||||
20 | as in the
foreclosure of mortgages on real estate.
| ||||||
21 | The municipality also may, from time to time, sue the | ||||||
22 | occupant or user
of the real estate in a civil action to | ||||||
23 | recover the money due for sewerage
services, plus a reasonable | ||||||
24 | attorney's fee, to be fixed by the court. However,
whenever a | ||||||
25 | judgment is entered in such a civil action, the foregoing | ||||||
26 | provision
in this section with respect to filing sworn | ||||||
27 | statements of such delinquencies
in the office of the recorder | ||||||
28 | and creating a lien against the
real estate shall not be | ||||||
29 | effective as to the charges sued upon and no lien
shall exist | ||||||
30 | thereafter against the real estate for that delinquency. | ||||||
31 | Judgment
in such a civil action operates as a release and | ||||||
32 | waiver of the lien upon
the real estate for the amount of the | ||||||
33 | judgment. The charge provided in this
section to be made | ||||||
34 | against each user of an improvement or extension shall
be in |
| |||||||
| |||||||
1 | addition to the charge, if any, made of all users of the system | ||||||
2 | under
Section 11-141-7 and shall be kept separate and distinct | ||||||
3 | therefrom.
| ||||||
4 | This amendatory Act of 1975 is not a limit on any | ||||||
5 | municipality which is
a home rule unit.
| ||||||
6 | (Source: P.A. 87-1197.)
| ||||||
7 | (Text of Section after amendment by P.A. 93-500 )
| ||||||
8 | Sec. 11-141-16. Powers; particular locality. If after the | ||||||
9 | public hearing
the corporate authorities of
the municipality | ||||||
10 | adopt a resolution to proceed with the construction or
| ||||||
11 | acquisition of the project, the corporate authorities may make | ||||||
12 | and enforce
all needful rules and regulations in connection | ||||||
13 | with the construction,
acquisition, improvement, or extension, | ||||||
14 | and with the management and maintenance
of the project to be | ||||||
15 | constructed or acquired. The corporate authorities also
may | ||||||
16 | establish the rate or charge to each user of the sewerage | ||||||
17 | system or
improvement or extension at a rate which will be | ||||||
18 | sufficient to pay the
principal and interest of any bonds, | ||||||
19 | issued to pay the cost thereof,
maintenance, and operation of | ||||||
20 | the system, improvement, or extension and may
provide an | ||||||
21 | adequate depreciation fund therefor. Charges or rates shall be
| ||||||
22 | established, revised, and maintained by ordinance and become | ||||||
23 | payable as the
corporate authorities may determine by | ||||||
24 | ordinance. Such charges or rates are
liens upon the real estate | ||||||
25 | upon or for which sewerage service is supplied
whenever the | ||||||
26 | charges or rates become delinquent as provided by the ordinance | ||||||
27 | of
the municipality fixing a delinquency date. A lien is | ||||||
28 | created under the
preceding sentence only if the municipality | ||||||
29 | sends to the owner or owners of
record of the real estate, as | ||||||
30 | referenced by the taxpayer's identification
number, (i) a copy | ||||||
31 | of each delinquency notice sent to the person who is
delinquent | ||||||
32 | in paying the charges or rates or other notice sufficient to | ||||||
33 | inform
the owner or owners of record, as referenced by the |
| |||||||
| |||||||
1 | taxpayer's identification
number, that the charges or rates | ||||||
2 | have become delinquent and (ii) a notice that
unpaid charges or | ||||||
3 | rates may create a lien on the real estate under this
Section. | ||||||
4 | However, the municipality has no preference over the rights of | ||||||
5 | any
purchaser, mortgagee, judgment creditor, or other lien | ||||||
6 | holder arising prior to
the filing of the notice of such a lien | ||||||
7 | in the office of the recorder of the
county in which such real | ||||||
8 | estate is located or in the office of the registrar
of titles | ||||||
9 | of such county if the property affected is registered under "An | ||||||
10 | Act
concerning land titles", approved May 1, 1897, as amended. | ||||||
11 | This notice shall
consist of a sworn statement setting out (1) | ||||||
12 | a description of such real estate
sufficient for the | ||||||
13 | identification thereof, (2) the amount of money due for such
| ||||||
14 | sewerage service, and (3) the date when such amount became | ||||||
15 | delinquent, (4) the
owner of record of the premises. The | ||||||
16 | municipality shall send a copy of the
notice of the lien to the | ||||||
17 | owner or owners of record of the real estate, as
referenced by | ||||||
18 | the taxpayer's identification number. The municipality may
| ||||||
19 | foreclose this lien in the same manner and with the same effect | ||||||
20 | as in the
foreclosure of mortgages on real estate.
| ||||||
21 | Except in counties with a population of more than 250,000 | ||||||
22 | where the
majority
of the municipal sewerage
system users are | ||||||
23 | located outside of the municipality's corporate limits, the
| ||||||
24 | payment of delinquent charges for sewerage service or solid | ||||||
25 | waste disposal service to any premises may be
enforced by | ||||||
26 | discontinuing any one or more of
either the water service , the | ||||||
27 | solid waste disposal service, or the sewerage service to
that | ||||||
28 | premises , or both .
A rate or charge is delinquent if it is more | ||||||
29 | than 30 days
overdue. Any public or municipal corporation
or | ||||||
30 | political
subdivision of the State furnishing water service to | ||||||
31 | a premises (i) shall
discontinue that service upon receiving | ||||||
32 | written notice from the municipality
providing sewerage or | ||||||
33 | solid waste disposal service that payment of the rate or charge | ||||||
34 | for
sewerage
or solid waste disposal service to the premises |
| |||||||
| |||||||
1 | has become delinquent and (ii) shall not resume water
service | ||||||
2 | until receiving a similar notice that the delinquency has been | ||||||
3 | removed.
The provider of sewerage service or solid waste | ||||||
4 | disposal service shall not request discontinuation of water
| ||||||
5 | service before sending a notice of the delinquency to the sewer
| ||||||
6 | user and
affording the user an opportunity to be heard.
An | ||||||
7 | investor-owned public utility providing water service within a | ||||||
8 | municipality
that provides sewerage service may contract with | ||||||
9 | the municipality to
discontinue
water service to a premises | ||||||
10 | with respect to which the
payment of a rate or charge for | ||||||
11 | sewerage service has become delinquent.
The municipality shall | ||||||
12 | reimburse the privately owned public utility, public or
| ||||||
13 | municipal corporation, or
political subdivision of the State | ||||||
14 | for the reasonable cost of the
discontinuance and the | ||||||
15 | resumption of water service, any
lost water service revenues, | ||||||
16 | and the costs of discontinuing water service.
The municipality | ||||||
17 | shall indemnify the privately owned public utility, public or
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18 | municipal corporation, or political subdivision of the State | ||||||
19 | for any judgment
and related attorney's fees resulting from an | ||||||
20 | action based on any provision of
this paragraph. In this | ||||||
21 | paragraph, "solid waste" means that term as it is defined in | ||||||
22 | Section 3.470 of the Environmental Protection Act and also | ||||||
23 | means "garbage", "refuse", and "ashes" as those terms are | ||||||
24 | defined in Section 11-19-2 of this Code.
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25 | The municipality also may, from time to time, sue the | ||||||
26 | occupant or user
of the real estate in a civil action to | ||||||
27 | recover the money due for sewerage
services, plus a reasonable | ||||||
28 | attorney's fee, to be fixed by the court. However,
whenever a | ||||||
29 | judgment is entered in such a civil action, the foregoing | ||||||
30 | provision
in this section with respect to filing sworn | ||||||
31 | statements of such delinquencies
in the office of the recorder | ||||||
32 | and creating a lien against the
real estate shall not be | ||||||
33 | effective as to the charges sued upon and no lien
shall exist | ||||||
34 | thereafter against the real estate for that delinquency. |
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| |||||||
1 | Judgment
in such a civil action operates as a release and | ||||||
2 | waiver of the lien upon
the real estate for the amount of the | ||||||
3 | judgment. The charge provided in this
section to be made | ||||||
4 | against each user of an improvement or extension shall
be in | ||||||
5 | addition to the charge, if any, made of all users of the system | ||||||
6 | under
Section 11-141-7 and shall be kept separate and distinct | ||||||
7 | therefrom.
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8 | This amendatory Act of 1975 is not a limit on any | ||||||
9 | municipality which is
a home rule unit.
| ||||||
10 | (Source: P.A. 93-500, eff. 6-1-04.)
| ||||||
11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a
statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in
effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of
that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes
| ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.
| ||||||
18 | Section 99. Effective date. This Act takes effect June 1, | ||||||
19 | 2004.".
|