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90_HB2716ham004
LRB9009379PTbdam03
1 AMENDMENT TO HOUSE BILL 2716
2 AMENDMENT NO. . Amend House Bill 2716 by replacing
3 Section 5 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 Sec. 11-141-7. Powers. The corporate authorities of any
8 municipality that owns and operates or that may hereafter own
9 and operate a sewerage system constructed or acquired under
10 the provisions of any law of this state may make, enact, and
11 enforce all needful rules, regulations, and ordinances for
12 the improvement, care, and protection of its sewerage system
13 and any other sewer or sewerage system, located outside the
14 corporate boundary of the municipality and not owned by it,
15 that directly or indirectly connects with the municipality's
16 sewerage system, which may be conducive to the preservation
17 of the public health, comfort, and convenience, and may
18 render the sewage carried in the sewerage system of the
19 municipality harmless in so far as it is reasonably possible
20 to do so.
21 The corporate authorities of such a municipality may, by
22 ordinance, charge the inhabitants thereof for the use and
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1 service of its sewerage system whether by direct or indirect
2 connection therewith within or without the corporate
3 boundary, and to establish charges or rates for that purpose.
4 The corporate authorities of such a municipality may by
5 ordinance charge the users thereof, whether they be inside of
6 or outside of the municipality, for the use and service of
7 its sewerage system whether by direct or indirect connection
8 therewith, within or without the corporate boundary, and may
9 establish charges or rates for that purpose, provided however
10 that where such users are residents of another municipality
11 with whom there is a contract for use and service of the
12 sewerage system, then such charges or rates shall be made in
13 accordance with the terms of the contract, either directly to
14 the users or to the contracting municipality as may be
15 provided by the provisions of the contract. In making such
16 rates and charges the municipality may provide for a rate to
17 the outside users in excess of the rate fixed for the
18 inhabitants of said municipality as may be reasonable. Where
19 bonds are issued as provided in Sections 11-141-2 and
20 11-141-3, the corporate authorities shall establish rates or
21 charges as provided in this section, and these charges or
22 rates shall be sufficient at all times to pay the cost of
23 operation and maintenance, to provide an adequate
24 depreciation fund, and to pay the principal of and interest
25 upon all revenue bonds issued under Sections 11-141-2 and
26 11-141-3.
27 A depreciation fund is a fund for such replacements as
28 may be necessary from time to time for the continued
29 effective and efficient operation of the system. The
30 depreciation fund shall not be allowed to accumulate beyond a
31 reasonable amount necessary for that purpose, and shall not
32 be used for extensions to the system.
33 Charges or rates shall be established, revised, and
34 maintained by ordinance and become payable as the corporate
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1 authorities may determine by ordinance.
2 Such charges or rates are liens upon the real estate upon
3 or for which sewerage service is supplied whenever the
4 charges or rates become delinquent as provided by the
5 ordinance of the municipality fixing a delinquency date. A
6 lien is created under the preceding sentence only if the
7 municipality sends to the owner or owners of record, as
8 referenced by the taxpayer's identification number, of the
9 real estate (i) a copy of each delinquency notice sent to the
10 person who is delinquent in paying the charges or rates or
11 other notice sufficient to inform the owner or owners of
12 record, as referenced by the taxpayer's identification
13 number, that the charges or rates have become delinquent and
14 (ii) a notice that unpaid charges or rates may create a lien
15 on the real estate under this Section. However, the
16 municipality has no preference over the rights of any
17 purchaser, mortgagee, judgment creditor, or other lien holder
18 arising prior to the filing of the notice of such a lien in
19 the office of the recorder of the county in which such real
20 estate is located, or in the office of the registrar of
21 titles of such county if the property affected is registered
22 under "An Act concerning land titles", approved May 1, 1897,
23 as amended. This notice shall consist of a sworn statement
24 setting out (1) a description of such real estate sufficient
25 for the identification thereof, (2) the amount of money due
26 for such sewerage service, and (3) the date when such amount
27 became delinquent. The municipality shall send a copy of the
28 notice of the lien to the owner or owners of record of the
29 real estate, as referenced by the taxpayer's identification
30 number. The municipality has the power to foreclose this lien
31 in the same manner and with the same effect as in the
32 foreclosure of mortgages on real estate.
33 The payment of delinquent charges for sewerage service to
34 any premises may be enforced by discontinuing either the
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1 water service or the sewerage service to that premises, or
2 both. A rate or charge is delinquent if it is more than 30
3 days overdue. Any public or municipal corporation or
4 political subdivision of the State furnishing water service
5 to a premises (i) shall discontinue that service upon
6 receiving written notice from the municipality providing
7 sewerage service that payment of the rate or charge for
8 sewerage service to the premises has become delinquent and
9 (ii) shall not resume water service until receiving a similar
10 notice that the delinquency has been removed. The provider of
11 sewerage service shall not request discontinuation of water
12 service before sending a notice of the delinquency to the
13 sewer user and affording the user an opportunity to be heard.
14 The municipality may contract with any privately owned public
15 utility for the discontinuation of water service to a
16 premises with respect to which the payment of a rate or
17 charge for sewerage service has become delinquent. The
18 municipality shall reimburse the privately owned public
19 utility, public or municipal corporation, or political
20 subdivision of the State for the reasonable cost of the
21 discontinuance and the resumption of water service, any lost
22 water service revenues, and the costs of discontinuing water
23 service. The municipality shall indemnify the privately owned
24 public utility, public or municipal corporation, or political
25 subdivision of the State for any judgment and related
26 attorney's fees resulting from an action based on any
27 provision of this paragraph.
28 The municipality also has the power, from time to time,
29 to sue the occupant or user of that real estate in a civil
30 action to recover money due for sewerage services, plus a
31 reasonable attorney's fee, to be fixed by the court. However,
32 whenever a judgment is entered in such a civil action, the
33 foregoing provisions in this section with respect to filing
34 sworn statements of such delinquencies in the office of the
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1 recorder and creating a lien against the real estate shall
2 not be effective as to the charges sued upon and no lien
3 shall exist thereafter against the real estate for the
4 delinquency. Judgment in such a civil action operates as a
5 release and waiver of the lien upon the real estate for the
6 amount of the judgment.
7 (Source: P.A. 87-1197.)
8 (65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
9 Sec. 11-141-16. Powers; particular locality. If after
10 the public hearing the corporate authorities of the
11 municipality adopt a resolution to proceed with the
12 construction or acquisition of the project, the corporate
13 authorities may make and enforce all needful rules and
14 regulations in connection with the construction, acquisition,
15 improvement, or extension, and with the management and
16 maintenance of the project to be constructed or acquired. The
17 corporate authorities also may establish the rate or charge
18 to each user of the sewerage system or improvement or
19 extension at a rate which will be sufficient to pay the
20 principal and interest of any bonds, issued to pay the cost
21 thereof, maintenance, and operation of the system,
22 improvement, or extension and may provide an adequate
23 depreciation fund therefor. Charges or rates shall be
24 established, revised, and maintained by ordinance and become
25 payable as the corporate authorities may determine by
26 ordinance. Such charges or rates are liens upon the real
27 estate upon or for which sewerage service is supplied
28 whenever the charges or rates become delinquent as provided
29 by the ordinance of the municipality fixing a delinquency
30 date. A lien is created under the preceding sentence only if
31 the municipality sends to the owner or owners of record of
32 the real estate, as referenced by the taxpayer's
33 identification number, (i) a copy of each delinquency notice
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1 sent to the person who is delinquent in paying the charges or
2 rates or other notice sufficient to inform the owner or
3 owners of record, as referenced by the taxpayer's
4 identification number, that the charges or rates have become
5 delinquent and (ii) a notice that unpaid charges or rates may
6 create a lien on the real estate under this Section. However,
7 the municipality has no preference over the rights of any
8 purchaser, mortgagee, judgment creditor, or other lien holder
9 arising prior to the filing of the notice of such a lien in
10 the office of the recorder of the county in which such real
11 estate is located or in the office of the registrar of titles
12 of such county if the property affected is registered under
13 "An Act concerning land titles", approved May 1, 1897, as
14 amended. This notice shall consist of a sworn statement
15 setting out (1) a description of such real estate sufficient
16 for the identification thereof, (2) the amount of money due
17 for such sewerage service, and (3) the date when such amount
18 became delinquent, (4) the owner of record of the premises.
19 The municipality shall send a copy of the notice of the lien
20 to the owner or owners of record of the real estate, as
21 referenced by the taxpayer's identification number. The
22 municipality may foreclose this lien in the same manner and
23 with the same effect as in the foreclosure of mortgages on
24 real estate.
25 The payment of delinquent charges for sewerage service to
26 any premises may be enforced by discontinuing either the
27 water service or the sewerage service to that premises, or
28 both. A rate or charge is delinquent if it is more than 30
29 days overdue. Any public or municipal corporation or
30 political subdivision of the State furnishing water service
31 to a premises (i) shall discontinue that service upon
32 receiving written notice from the municipality providing
33 sewerage service that payment of the rate or charge for
34 sewerage service to the premises has become delinquent and
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1 (ii) shall not resume water service until receiving a similar
2 notice that the delinquency has been removed. The provider of
3 sewerage service shall not request discontinuation of water
4 service before sending a notice of the delinquency to the
5 sewer user and affording the user an opportunity to be heard.
6 The municipality may contract with any privately owned public
7 utility for the discontinuation of water service to a
8 premises with respect to which the payment of a rate or
9 charge for sewerage service has become delinquent. The
10 municipality shall reimburse the privately owned public
11 utility, public or municipal corporation, or political
12 subdivision of the State for the reasonable cost of the
13 discontinuance and the resumption of water service, any lost
14 water service revenues, and the costs of discontinuing water
15 service. The municipality shall indemnify the privately owned
16 public utility, public or municipal corporation, or political
17 subdivision of the State for any judgment and related
18 attorney's fees resulting from an action based on any
19 provision of this paragraph.
20 The municipality also may, from time to time, sue the
21 occupant or user of the real estate in a civil action to
22 recover the money due for sewerage services, plus a
23 reasonable attorney's fee, to be fixed by the court. However,
24 whenever a judgment is entered in such a civil action, the
25 foregoing provision in this section with respect to filing
26 sworn statements of such delinquencies in the office of the
27 recorder and creating a lien against the real estate shall
28 not be effective as to the charges sued upon and no lien
29 shall exist thereafter against the real estate for that
30 delinquency. Judgment in such a civil action operates as a
31 release and waiver of the lien upon the real estate for the
32 amount of the judgment. The charge provided in this section
33 to be made against each user of an improvement or extension
34 shall be in addition to the charge, if any, made of all users
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1 of the system under Section 11-141-7 and shall be kept
2 separate and distinct therefrom.
3 This amendatory Act of 1975 is not a limit on any
4 municipality which is a home rule unit.
5 (Source: P.A. 87-1197.)".