Full Text of SB0060 100th General Assembly
SB0060eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Township Code is amended by changing Section | 5 | | 205-140 as follows:
| 6 | | (60 ILCS 1/205-140)
| 7 | | Sec. 205-140. Initiating proceedings for particular | 8 | | locality; rates
and charges; lien. | 9 | | (a) A township board may initiate proceedings under | 10 | | Sections 205-130 through
205-150 in the manner provided by | 11 | | Section 205-20.
| 12 | | (b) The township board may establish a fair and reasonable | 13 | | the rate for or charge to each
user of the waterworks system or | 14 | | sewerage system, or combined waterworks
and sewerage system, or | 15 | | improvement or extension at a rate that will be
sufficient to | 16 | | pay the principal and interest of any bonds issued to pay
the | 17 | | cost of the system, improvement, or extension and the | 18 | | maintenance and
operation of the system, improvement, or | 19 | | extension and may provide an adequate
depreciation fund for the | 20 | | bonds. Rates Charges or rates shall be established,
revised, | 21 | | and maintained by ordinance and become payable as the township | 22 | | board
determines by ordinance.
| 23 | | (b-5) The township board may establish a fair and |
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| 1 | | reasonable connection charge for each new user added to the | 2 | | township's waterworks system or sewerage system. | 3 | | (c) The charges or rates are liens upon the real estate | 4 | | upon or for which
sewerage service is supplied whenever the | 5 | | charges or rates become delinquent as
provided by the ordinance | 6 | | of the board fixing a delinquency date.
| 7 | | (d) Notwithstanding any provision of law to the contrary, | 8 | | the township shall conduct a cost study shall be conducted | 9 | | regarding the connection charge of the township: | 10 | | (1) before the township increases or creates a | 11 | | connection charge; | 12 | | (2) upon the request of the supervisor or a majority of | 13 | | the township board of the township; | 14 | | (3) upon the request of a majority of the mayors or | 15 | | village presidents of the municipalities located within or | 16 | | substantially within the township or township's facility | 17 | | planning area; or | 18 | | (4) upon the filing with the township board of a | 19 | | petition signed by 10% or more of the customers who have | 20 | | paid connection charges to the township in the previous 5 | 21 | | calendar years. | 22 | | The cost study shall be conducted by an independent entity | 23 | | within 6 months of action taken under paragraphs (1), (2), (3), | 24 | | or (4) of this subsection (d). If a cost study is requested | 25 | | under paragraphs (1) or (2) of this subsection, then the | 26 | | township shall order and pay for the cost study. If a cost |
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| 1 | | study is requested under paragraphs (3) or (4) of this | 2 | | subsection, then the municipalities whose mayors or presidents | 3 | | requested the cost study under paragraph (3), or the customers | 4 | | who filed a petition under paragraph (4), shall choose the | 5 | | independent entity to conduct the cost study, order the cost | 6 | | study, and pay for the cost study. For purposes of subsections | 7 | | (d) and (e), the term "independent entity" shall mean an | 8 | | engineering firm that has not entered into a contract with any | 9 | | State agency, unit of local government, or non-governmental | 10 | | entity for goods or services within the township or township | 11 | | service area in the 24 months prior to being contracted to | 12 | | perform the cost study. After performing a cost study under | 13 | | this subsection (d), an independent entity may not contract | 14 | | with any State agency, unit of local government, or | 15 | | non-governmental entity for goods or services within the | 16 | | township or township service area in the 24 months after | 17 | | completion of the cost study other than to perform further cost | 18 | | studies under this subsection (d). A township shall not be | 19 | | required to conduct more than one cost study in a 60 month | 20 | | period under paragraphs (3) or (4) of this subsection (d). The | 21 | | cost study must include, at a minimum, an examination of | 22 | | residential and commercial similar water main and sewer | 23 | | connection charges for the waterworks system or sewerage | 24 | | system, whichever applies, in at least 30 units of local | 25 | | government in Illinois with a similar number of customers as | 26 | | are connected to the township's waterworks system and sewerage |
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| 1 | | system in neighboring units of local government or units of | 2 | | local government similar in size or population . Following the | 3 | | completion of the cost study, no increase or new connection | 4 | | charge may be imposed unless the increase or new charge is | 5 | | justified by the cost study. If the connection charge the | 6 | | township charged prior to completion of the cost study is | 7 | | higher than is justified by the cost study, the township shall | 8 | | reduce its connection charge to the amount justified by the | 9 | | cost study. For purposes of this subsection (d), "connection | 10 | | charge" means any charge or fee, by whatever name, assessed to | 11 | | recover the cost of connecting the customer's water main, | 12 | | sewer, or water main and sewer service line to the township's | 13 | | facilities, and includes only the direct and indirect costs of | 14 | | physically tying the service line into the township's main. | 15 | | (e) (Blank). If a cost study has been conducted pursuant to | 16 | | subsection (d) of this Section and a new cost study is | 17 | | requested under paragraph (3) or (4) of subsection (d), the | 18 | | township shall obtain a written quote from an independent | 19 | | entity detailing the cost of the requested cost study and one | 20 | | of the following shall occur prior to a new cost study | 21 | | beginning: | 22 | | (1) each township, village, and municipality whose | 23 | | mayor or president requested the cost study under paragraph | 24 | | (3) of subsection (d) shall pay a proportionate share of | 25 | | the entire cost of the cost study as detailed in the | 26 | | written quote required under this subsection (e); or |
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| 1 | | (2) the customers who signed the petition under | 2 | | paragraph (4) of subsection (d) shall pay a pro rata share | 3 | | of the entire cost of the cost study as detailed in written | 4 | | quote required under this subsection (e). | 5 | | Payments required under either paragraph (1) or (2) of this | 6 | | subsection (e) shall be made to the township clerk, who shall | 7 | | forward the same to the independent entity upon receipt of | 8 | | entire amount of the written quote for the cost study. If the | 9 | | entire amount of the written quote for the cost study has not | 10 | | been received within 90 days from the township clerk providing | 11 | | public note of the amount of the written quote, then those | 12 | | amounts received by the township clerk shall be refunded to the | 13 | | persons or entities which paid them. | 14 | | (f) For purposes of this Section: | 15 | | "Connection charge" means any nominal charge or fee, by | 16 | | whatever name, assessed to recover the cost of connecting the | 17 | | customer's water main, sewer, or water main and sewer service | 18 | | line to the township's facilities, and includes only the direct | 19 | | and indirect costs of physically tying the service line into | 20 | | the township's main line in the adjoining utility easement. | 21 | | "Independent entity" means an engineering firm that has not | 22 | | entered into a contract with any State agency, unit of local | 23 | | government, or non-governmental entity for goods or services | 24 | | within the township or township service area in the 24 months | 25 | | prior to being contracted to perform the cost study. | 26 | | (Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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