Full Text of HB0833 93rd General Assembly
HB0833sam001 93RD GENERAL ASSEMBLY
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Sen. Todd Sieben
Filed: 5/11/2004
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| AMENDMENT TO HOUSE BILL 833
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| AMENDMENT NO. ______. Amend House Bill 833 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 11-141-7 and 11-141-16 as follows:
| 6 |
| (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
| 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, |
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| 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 |
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| 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
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| 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 |
|
|
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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 |
|
|
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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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 |
|
|
|
09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
|
| 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
| 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.
| 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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09300HB0833sam001 |
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LRB093 05637 WGH 50730 a |
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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.
| 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.".
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|