Illinois General Assembly - Full Text of SB0377
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Full Text of SB0377  99th General Assembly

SB0377ham001 99TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 10/19/2015

 

 


 

 


 
09900SB0377ham001LRB099 03137 AWJ 39041 a

1
AMENDMENT TO SENATE BILL 377

2    AMENDMENT NO. ______. Amend Senate Bill 377 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Section 205-140 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

 

 

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1the system, improvement, or extension and the maintenance and
2operation of the system, improvement, or extension and may
3provide an adequate depreciation fund for the bonds. Charges or
4rates shall be established, revised, and maintained by
5ordinance and become payable as the township board determines
6by ordinance.
7    (c) The charges or rates are liens upon the real estate
8upon or for which sewerage service is supplied whenever the
9charges or rates become delinquent as provided by the ordinance
10of the board fixing a delinquency date.
11    (d) Notwithstanding any provision of law to the contrary,
12the township shall conduct a cost study regarding the
13connection charge of the township:
14        (1) before the township increases or creates a
15    connection charge;
16        (2) upon the request of the supervisor or a majority of
17    the township board of the township;
18        (3) upon the request of a majority of the mayors or
19    village presidents of the municipalities located within or
20    substantially within the township or township's facility
21    planning area; or
22        (4) upon the filing with the township board of a
23    petition signed by 10% or more of the customers who have
24    paid connection charges to the township in the previous 5
25    calendar years.
26    The cost study shall be conducted by an independent entity

 

 

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

 

 

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1cost study. For purposes of this subsection (d), "connection
2charge" means any charge or fee, by whatever name, assessed to
3recover the cost of connecting the customer's water main,
4sewer, or water main and sewer service line to the township's
5facilities, and includes only the direct and indirect costs of
6physically tying the service line into the township's main.
7    (e) If a cost study has been conducted pursuant to
8subsection (d) of this Section and a new cost study is
9requested under paragraph (3) or (4) of subsection (d), the
10township shall obtain a written quote from an independent
11entity detailing the cost of the requested cost study and one
12of the following shall occur prior to a new cost study
13beginning:
14        (1) each township, village, and municipality whose
15    mayor or president requested the cost study under paragraph
16    (3) of subsection (d) shall pay a proportionate share of
17    the entire cost of the cost study as detailed in the
18    written quote required under this subsection (e); or
19        (2) the customers who signed the petition under
20    paragraph (4) of subsection (d) shall pay a pro rata share
21    of the entire cost of the cost study as detailed in written
22    quote required under this subsection (e).
23    Payments required under either paragraph (1) or (2) of this
24subsection (e) shall be made to the township clerk, who shall
25forward the same to the independent entity upon receipt of
26entire amount of the written quote for the cost study. If the

 

 

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1entire amount of the written quote for the cost study has not
2been received within 90 days from the township clerk providing
3public note of the amount of the written quote, then those
4amounts received by the township clerk shall be refunded to the
5persons or entities which paid them.
6(Source: P.A. 99-481, eff. 9-22-15.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2016.".