SB0377 EnrolledLRB099 03137 AWJ 23145 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing Section
5205-140 as follows:
 
6    (60 ILCS 1/205-140)
7    Sec. 205-140. Initiating proceedings for particular
8locality; rates and charges; lien.
9    (a) A township board may initiate proceedings under
10Sections 205-130 through 205-150 in the manner provided by
11Section 205-20.
12    (b) The township board may establish the rate or charge to
13each user of the waterworks system or sewerage system, or
14combined waterworks and sewerage system, or improvement or
15extension at a rate that will be sufficient to pay the
16principal and interest of any bonds issued to pay the cost of
17the system, improvement, or extension and the maintenance and
18operation of the system, improvement, or extension and may
19provide an adequate depreciation fund for the bonds. Charges or
20rates shall be established, revised, and maintained by
21ordinance and become payable as the township board determines
22by ordinance.
23    (c) The charges or rates are liens upon the real estate

 

 

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1upon or for which sewerage service is supplied whenever the
2charges or rates become delinquent as provided by the ordinance
3of the board fixing a delinquency date.
4    (d) Notwithstanding any provision of law to the contrary,
5the township shall conduct a cost study regarding the
6connection charge of the township:
7        (1) before the township increases or creates a
8    connection charge;
9        (2) upon the request of the supervisor or a majority of
10    the township board of the township;
11        (3) upon the request of a majority of the mayors or
12    village presidents of the municipalities located within or
13    substantially within the township or township's facility
14    planning area; or
15        (4) upon the filing with the township board of a
16    petition signed by 10% or more of the customers who have
17    paid connection charges to the township in the previous 5
18    calendar years.
19    The cost study shall be conducted by an independent entity
20within 6 months of action taken under paragraphs (1), (2), (3),
21or (4) of this subsection (d). For purposes of subsections this
22subsection (d) and (e), the term "independent entity" shall
23mean an engineering firm that has not entered into a contract
24with any State agency, unit of local government, or
25non-governmental entity for goods or services within the
26township or township service area in the 24 months prior to

 

 

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1being contracted to perform the cost study. After performing a
2cost study under this subsection (d), an independent entity may
3not contract with any State agency, unit of local government,
4or non-governmental entity for goods or services within the
5township or township service area in the 24 months after
6completion of the cost study other than to perform further cost
7studies under this subsection (d). A township shall not be
8required to conduct more than one cost study in a 60 24 month
9period under paragraphs (1), (2), (3), or (4) of this
10subsection (d). The cost study must include, at a minimum, an
11examination of similar water main and sewer connection charges
12in neighboring units of local government or units of local
13government similar in size or population. Following the
14completion of the cost study, no increase or new connection
15charge may be imposed unless the increase or new charge is
16justified by the cost study. If the connection charge the
17township charged prior to completion of the cost study is
18higher than is justified by the cost study, the township shall
19reduce its connection charge to the amount justified by the
20cost study. For purposes of this subsection (d), "connection
21charge" means any charge or fee, by whatever name, assessed to
22recover the cost of connecting the customer's water main,
23sewer, or water main and sewer service line to the township's
24facilities, and includes only the direct and indirect costs of
25physically tying the service line into the township's main.
26    (e) If a cost study has been conducted pursuant to

 

 

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1subsection (d) of this Section and a new cost study is
2requested under paragraph (3) or (4) of subsection (d), the
3township shall obtain a written quote from an independent
4entity detailing the cost of the requested cost study and one
5of the following shall occur prior to a new cost study
6beginning:
7        (1) each township, village, and municipality whose
8    mayor or president requested the cost study under paragraph
9    (3) of subsection (d) shall pay a proportionate share of
10    the entire cost of the cost study as detailed in the
11    written quote required under this subsection (e); or
12        (2) the customers who signed the petition under
13    paragraph (4) of subsection (d) shall pay a pro rata share
14    of the entire cost of the cost study as detailed in written
15    quote required under this subsection (e).
16    Payments required under either paragraph (1) or (2) of this
17subsection (e) shall be made to the township clerk, who shall
18forward the same to the independent entity upon receipt of
19entire amount of the written quote for the cost study. If the
20entire amount of the written quote for the cost study has not
21been received within 90 days from the township clerk providing
22public note of the amount of the written quote, then those
23amounts received by the township clerk shall be refunded to the
24persons or entities which paid them.
25(Source: P.A. 99-481, eff. 9-22-15.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2016.