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90_HB2316
65 ILCS 5/11-141-7 from Ch. 24, par. 11-141-7
Amends the Illinois Municipal Code. Provides that a
municipality with a population of less than 15,000 may
contract with any privately owned public utility for the
discontinuance of water service to a premises with respect to
which the payment of a rate or charge for sewerage service
has become delinquent. Provides that the municipality shall
reimburse the water service provider for lost revenues and
the costs of discontinuing water service, and shall indemnify
the provider for any judgment and attorney's fees resulting
from an action based on the discontinuance of water service.
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-141-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-141-7 as follows:
7 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
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
11 the provisions of any law of this state may make, enact, and
12 enforce all needful rules, regulations, and ordinances for
13 the improvement, care, and protection of its sewerage system
14 and 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
18 of the public health, comfort, and convenience, and may
19 render the sewage carried in the sewerage system of the
20 municipality harmless in so far as it is reasonably possible
21 to do so.
22 The corporate authorities of such a municipality may, by
23 ordinance, charge the inhabitants thereof for the use and
24 service of its sewerage system whether by direct or indirect
25 connection therewith within or without the corporate
26 boundary, and to establish charges or rates for that purpose.
27 The corporate authorities of such a municipality may by
28 ordinance charge the users thereof, whether they be inside of
29 or outside of the municipality, for the use and service of
30 its sewerage system whether by direct or indirect connection
31 therewith, within or without the corporate boundary, and may
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1 establish charges or rates for that purpose, provided however
2 that where such users are residents of another municipality
3 with whom there is a contract for use and service of the
4 sewerage system, then such charges or rates shall be made in
5 accordance with the terms of the contract, either directly to
6 the users or to the contracting municipality as may be
7 provided by the provisions of the contract. In making such
8 rates and charges the municipality may provide for a rate to
9 the outside users in excess of the rate fixed for the
10 inhabitants of said municipality as may be reasonable. Where
11 bonds are issued as provided in Sections 11-141-2 and
12 11-141-3, the corporate authorities shall establish rates or
13 charges as provided in this section, and these charges or
14 rates shall be sufficient at all times to pay the cost of
15 operation and maintenance, to provide an adequate
16 depreciation fund, and to pay the principal of and interest
17 upon all revenue bonds issued under Sections 11-141-2 and
18 11-141-3.
19 A depreciation fund is a fund for such replacements as
20 may be necessary from time to time for the continued
21 effective and efficient operation of the system. The
22 depreciation fund shall not be allowed to accumulate beyond a
23 reasonable amount necessary for that purpose, and shall not
24 be used for extensions to the system.
25 Charges or rates shall be established, revised, and
26 maintained by ordinance and become payable as the corporate
27 authorities may determine by ordinance.
28 Such charges or rates are liens upon the real estate upon
29 or for which sewerage service is supplied whenever the
30 charges or rates become delinquent as provided by the
31 ordinance of the municipality fixing a delinquency date. A
32 lien is created under the preceding sentence only if the
33 municipality sends to the owner or owners of record, as
34 referenced by the taxpayer's identification number, of the
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1 real estate (i) a copy of each delinquency notice sent to the
2 person who is delinquent in paying the charges or rates or
3 other notice sufficient to inform the owner or owners of
4 record, as referenced by the taxpayer's identification
5 number, that the charges or rates have become delinquent and
6 (ii) a notice that unpaid charges or rates may create a lien
7 on the real estate under this Section. However, the
8 municipality has no preference over the rights of any
9 purchaser, mortgagee, judgment creditor, or other lien holder
10 arising prior to the filing of the notice of such a lien in
11 the office of the recorder of the county in which such real
12 estate is located, or in the office of the registrar of
13 titles of such county if the property affected is registered
14 under "An Act concerning land titles", approved May 1, 1897,
15 as amended. This notice shall consist of a sworn statement
16 setting out (1) a description of such real estate sufficient
17 for the identification thereof, (2) the amount of money due
18 for such sewerage service, and (3) the date when such amount
19 became delinquent. The municipality shall send a copy of the
20 notice of the lien to the owner or owners of record of the
21 real estate, as referenced by the taxpayer's identification
22 number. The municipality has the power to foreclose this lien
23 in the same manner and with the same effect as in the
24 foreclosure of mortgages on real estate.
25 A municipality with a population of less than 15,000 may
26 contract with any privately owned public utility for the
27 discontinuance of water service to a premises with respect to
28 which the payment of a rate or charge for sewerage service
29 has become delinquent. The municipality shall reimburse the
30 water service provider for any lost water service revenues
31 and the costs of discontinuing water service, and shall
32 indemnify the water service provider for any judgment and
33 related attorney's fees resulting from an action based on any
34 provision of this paragraph.
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1 The municipality also has the power, from time to time,
2 to sue the occupant or user of that real estate in a civil
3 action to recover money due for sewerage services, plus a
4 reasonable attorney's fee, to be fixed by the court. However,
5 whenever a judgment is entered in such a civil action, the
6 foregoing provisions in this section with respect to filing
7 sworn statements of such delinquencies in the office of the
8 recorder and creating a lien against the real estate shall
9 not be effective as to the charges sued upon and no lien
10 shall exist thereafter against the real estate for the
11 delinquency. Judgment in such a civil action operates as a
12 release and waiver of the lien upon the real estate for the
13 amount of the judgment.
14 (Source: P.A. 87-1197.)