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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
TOWNSHIPS (60 ILCS 1/) Township Code. 60 ILCS 1/190-10
(60 ILCS 1/190-10)
Sec. 190-10. Mental health services. If a township is not included in a
mental health district organized under the Community Mental Health Act, the
township board may provide mental health services (including services for the
alcoholic and the drug addicted, and for persons with intellectual disabilities) for residents of the
township by disbursing funds, pursuant to an appropriation, to mental health
agencies approved by the Department of Human Services, alcoholism treatment
programs licensed by the Department of
Public Health, drug abuse facilities approved by the Department of Human
Services, and other services for substance use disorders approved by
the Department of Human Services. To be
eligible for township
funds disbursed under this Section, an agency, program, facility, or other
service provider must have been in existence for more than one year and serve
the township area.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19 .)
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60 ILCS 1/Art. 195
(60 ILCS 1/Art. 195 heading)
ARTICLE 195.
TOWNSHIP
AMBULANCE SERVICES
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60 ILCS 1/195-5
(60 ILCS 1/195-5)
Sec. 195-5.
Ambulance services special district; tax.
(a) In any township with a population between 10,000 and 35,000 that lies
within a county with a population between 275,000 and 400,000, the township
board may provide for ambulance services pursuant to an intergovernmental
cooperation agreement with another unit of local government.
(b) The board may declare the unincorporated area of the township or a
portion of that unincorporated area a special ambulance service district for
tax purposes. Proof of the declaration authorizes the county clerk to extend a
tax upon the special ambulance service district in the amount specified in the
annual township tax levy, at a rate of not more than 0.095% of the value of all
taxable property in the district as equalized and assessed by the Department of
Revenue. No tax may be levied under this Section, however, with respect to any
property that is subject to any other tax levied for the purpose of providing
ambulance services.
(c) Any territory of a special ambulance service district that is annexed to
a municipality that provides ambulance service within its corporate limits
shall be automatically disconnected from the township ambulance service
district.
(Source: P.A. 88-62; incorporates 88-181; 88-670, eff. 12-2-94.)
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60 ILCS 1/Art. 200
(60 ILCS 1/Art. 200 heading)
ARTICLE 200.
TOWNSHIP EMERGENCY
VEHICLES AND EQUIPMENT
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60 ILCS 1/200-5
(60 ILCS 1/200-5)
Sec. 200-5.
Acquisition of emergency vehicles and equipment.
Any township
having a population of less than 100,000 may acquire by purchase or by other
means fire protection, rescue, and emergency vehicles and equipment.
(Source: P.A. 78-483; 88-62.)
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60 ILCS 1/200-10
(60 ILCS 1/200-10)
Sec. 200-10.
Tax.
For the purposes of this Article, any township having a
population of less than 100,000 may levy annually a tax extendable at rate of
not more than 0.02% of the assessed valuation of all taxable property in the
township as equalized for State and county purposes for the current year to
provide revenue for the purpose of fire protection, rescue, and emergency
vehicles and equipment. This tax shall be in addition to all other taxes
authorized by law to be levied and collected in the township and shall be in
addition to the amount authorized to be levied for general purposes.
(Source: P.A. 78-483; 88-62.)
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60 ILCS 1/200-12
(60 ILCS 1/200-12)
Sec. 200-12.
Tax increase; referendum.
(a) A township with a population of
less than 100,000 may levy taxes at a rate in excess of 0.02% of the value of
all taxable property within the township as equalized or assessed by the
Department of Revenue if the increase is approved by the voters as provided in
this Section. The township board may, by ordinance, place
the question of
whether the tax rate of the township should be increased from 0.02% to 0.125%
for fire protection, rescue, and emergency vehicles and equipment on the ballot
at any election. The township board shall certify the question to the proper
election officials, who shall submit the question at an election in accordance
with the general election law. The question shall be in the following form.
Shall the maximum allowable tax rate for the (name of | | township) Township, be increased from 0.02% to 0.125% of the value of all taxable property within the township as equalized or assessed by the Department of Revenue for fire protection, rescue, and emergency vehicles and equipment?
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The votes shall be recorded as "Yes" or "No".
The result of the referendum shall be entered upon the records of the
township. If a majority of the voters at the election vote in favor of the
proposition, the township may levy taxes annually at a tax extendable rate not
to exceed 0.125% of the value of all taxable property within the township as
equalized or assessed by the Department of Revenue.
A referendum held under this Section shall be conducted in
accordance with
the Election Code.
(b) The township board may levy the taxes at a rate in excess of 0.125%
but not
in excess of 0.40% of the value of
all taxable property within the township as equalized or assessed by the
Department of Revenue.
The tax may not be levied until the question of levying the tax has been
submitted to the electors
of the township at a regular election and approved by a majority of the
electors voting on the
question.
The township board shall certify the question to the proper election
officials, who shall submit the question at an election in accordance with
the general election law.
The proposition shall be in substantially the following form:
Shall the maximum allowable tax rate for the (insert
| | name of township) township fire department be increased from 0.125% to 0.40% of the value of all taxable property within the township as equalized or assessed by the Department of Revenue?
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The votes shall be recorded as "Yes" or "No".
The results of the referendum shall be entered upon the records of the
township. If a majority of
the electors voting on the question vote in the affirmative, the township board
may thereafter levy
the tax.
(Source: P.A. 92-522, eff. 2-8-02.)
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60 ILCS 1/200-13
(60 ILCS 1/200-13)
Sec. 200-13.
Board authority.
The township board of any township operating
a fire department has the power and it is its legal duty and obligation to
provide as nearly adequate protection from fire for all persons and property
within the township as possible and to prescribe necessary regulations for
the prevention and control of fire within the township. The township board may
provide and
maintain life saving and rescue equipment, services, and facilities, including
emergency ambulance service. Except in cities having a population of 500,000
or
more inhabitants and except in municipalities in which fire prevention codes
have been adopted, the township board has the express power to adopt and
enforce fire prevention codes and standards parallel to national standards.
(Source: P.A. 92-522, eff. 2-8-02.)
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60 ILCS 1/200-14
(60 ILCS 1/200-14)
Sec. 200-14.
Fire department regulations and rules.
A township providing
fire protection services on the effective date of this amendatory Act of the
92nd General Assembly shall be held to the standard of Sections 16.01 through
17 of the Fire Protection District Act, substituting "township" where "fire
protection district" is indicated.
(Source: P.A. 92-522, eff. 2-8-02.)
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60 ILCS 1/200-14a (60 ILCS 1/200-14a) Sec. 200-14a. Reimbursement for specialized rescue services. A township that provides fire protection services may fix, charge, and collect reasonable fees for specialized rescue services provided by the township. The total amount collected may not exceed the reasonable cost of providing those specialized rescue services and may not, in any event, exceed $125
per hour per vehicle and $35 per hour per firefighter. The fee may be charged to any of the following parties, but only after there has been a finding of fault against that party by the Occupational Safety and Health Administration or the Illinois Department of Labor: (a) the owner of the property on which the | | specialized rescue services occurred;
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| (b) any person involved in an activity that caused or
| | contributed to the emergency;
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| (c) an individual who is rescued during the emergency
| | and his or her employer if the person was acting in furtherance of the employer's interests;
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| (d) in cases involving the recovery of property, any
| | person having control or custody of the property at the time of the emergency.
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| For the purposes of this Section, the term "specialized rescue services" includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescue.
(Source: P.A. 95-497, eff. 1-1-08; 95-876, eff. 8-21-08.)
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60 ILCS 1/200-14b (60 ILCS 1/200-14b) Sec. 200-14b. Technical rescue services. A township that provides fire protection services may fix, charge, and collect reasonable fees for technical rescue services provided by the township. The total amount collected may not exceed the reasonable cost of providing the technical rescue services and may include charges for personnel and equipment costs.
(Source: P.A. 95-867, eff. 1-1-09.) |
60 ILCS 1/200-14c (60 ILCS 1/200-14c) Sec. 200-14c. Notification of sale of or changes to private or semi-private water systems. (a) For purposes of this Section, "private water system" and "semi-private water system" shall have the meanings ascribed to them in subsection (a) of Section 9 of the Illinois Groundwater Protection Act. (b) A township that provides fire protection services shall receive notice of the sale of a private water system or semi-private water system from the individuals or entities selling and purchasing the water system. The notice to the township shall include the status and capacity of the water system and the ability of the water system to be used for fire protection. (c) A township that provides fire protection services shall also receive notice from the owner of a private water system or semi-private water system if there are any changes to the water system that would affect fire protection services to areas served by the water system.
(Source: P.A. 99-487, eff. 11-20-15.) |
60 ILCS 1/200-15
(60 ILCS 1/200-15)
Sec. 200-15.
Petition; referendum.
(a) Upon the petition of 50 or more legal voters of a township being filed
with the township clerk requesting that the proposition for the
acquisition of fire protection, rescue, and emergency vehicles and equipment
be submitted to a vote of the people of the township, the proposition
shall be certified to the proper election officials, who shall submit the
proposition to the voters at an election in accordance with the general
election law.
(b) The proposition shall be clearly indicated on the ballot and
submitted to the voters of the township in substantially the following
form:
Shall (name of township) levy a tax at a rate of not | | more than 0.02% of the assessed valuation of all taxable property in the township for fire protection, rescue, and emergency vehicles and equipment?
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The votes shall be recorded as "Yes" or "No".
(c) If a majority of the votes cast upon the proposition are in favor of
the proposition, the township supervisor, township clerk, or treasurer shall
within 3 months after the election acquire by purchase or otherwise fire
protection, rescue, and emergency vehicles and equipment. Revenue obtained from
the levy may also be used to pay personnel to operate fire protection, rescue,
and emergency vehicles and related equipment. Provision for the payment for the
vehicles and equipment shall be made by proper taxing and financial officers in
the same manner as for other township expenditures.
(Source: P.A. 86-327; 88-62 .)
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60 ILCS 1/Art. 205
(60 ILCS 1/Art. 205 heading)
ARTICLE 205.
TOWNSHIP WATERWORKS
AND SEWERAGE SYSTEMS
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60 ILCS 1/205-5
(60 ILCS 1/205-5)
Sec. 205-5.
Definitions.
When used in this Article, unless the context
clearly requires otherwise:
"Waterworks system" means and includes a waterworks system in its entirety,
or
any integral part of a waterworks system, including mains, hydrants, meters,
valves, standpipes, storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening apparatus, and all other
elements useful in connection with a water supply or water distribution system.
"Sewerage system" means and includes any one or more of the
following: sewerage treatment plant or plants, collecting, intercepting,
and outlet sewers, lateral sewers and drains, including combined and
separate storm water and sanitary drains, force mains, conduits, pumping
stations, ejector stations, and all other appurtenances, extensions, and
improvements necessary, useful, or convenient for the collection,
treatment, and disposal in a sanitary manner of sewage and industrial
wastes.
"Combined waterworks and sewerage system" means and includes
a waterworks and sewerage system, as defined in this Section, that a
township determines to operate in combination.
"System" means a waterworks system, a sewerage system, or any separate
integral part of a waterworks system or a sewerage system, or a waterworks
system and sewerage system in combination as authorized and provided in
Section 205-10.
(Source: P.A. 77-1034; 88-62.)
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60 ILCS 1/205-10
(60 ILCS 1/205-10)
Sec. 205-10.
Any township having a population of less
than 500,000 may construct or purchase and operate a waterworks
system or a sewerage system, or a combined waterworks and sewerage
system, may improve or extend the system from time to time as provided in this
Article, and may fund the system through the use of appropriated general
township and federal revenue sharing funds and other income or revenue derived
from the operation of the system or from the sale of revenue bonds under this
Article. A township that owns and operates a sewerage system or a combined
waterworks and sewerage system may, when determined by its township board to be
in the public interest and necessary for the protection of the public health,
enter into and perform contracts, whether long-term or short-term, with an
industrial establishment for the provision and operation by the township of
sewerage facilities to abate or reduce the pollution of waters caused by
discharges of industrial wastes by the industrial establishment and the
payment periodically by the industrial establishment to the township of
amounts at least sufficient, in the determination of the township board, to
compensate the township for the cost of providing (including payment of
principal and interest charges, if any), operating, and maintaining the
sewerage facilities serving the industrial establishment.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/205-12 (60 ILCS 1/205-12)
Sec. 205-12. Boil order; notification of certified local public health department required. If a township, or any department or agency of the township, issues a boil order, then the township must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the township must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
60 ILCS 1/205-15
(60 ILCS 1/205-15)
Sec. 205-15.
Revenue and refunding bonds; issuance and terms.
(a) To pay the cost of the construction, purchase, and improvement or
extension from time to time of any system under this Article, including
engineering, legal, and other expenses, together with interest, to a date 6
months after the estimated date of completion, the township board may
appropriate township funds, including Federal Revenue Sharing funds, and issue
and sell revenue bonds of the township payable solely from the income and
revenue derived from the operation of the system. The board may also from time
to time issue revenue bonds to refund any bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of the
holders of the bonds. All bonds shall be authorized by an ordinance adopted by
the township board, shall bear a date or dates, may mature at a time or
times not exceeding 40 years from their respective dates, may bear
interest (i) at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act as amended at the time of the making of the contract (if
issued within one year after July 18, 1972) and (ii) at the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract (if issued after that date), payable semi-annually, may be in a
form, may carry registration privileges, may be payable at a place or
places, may be subject to redemption in a manner and upon terms with or without
premium as is stated on the face of the bonds, may be executed in a manner by
officers of the township, and may contain terms and covenants, all as provided
by the ordinance authorizing their issue.
(b) Bonds shall be sold in the manner determined by the township board and,
if issued to bear interest (i) at the rate of the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) the maximum rate authorized by the Bond Authorization Act as
amended at the time of the making of the contract (if issued after a one year
period following July 18, 1972), shall be sold for not less than par and
accrued interest. The selling price of any bonds bearing less than
(i) the maximum interest rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract, or (ii) the maximum
rate authorized by the Bond Authorization Act as amended at the
time of the making of the contract (if issued after a one year period following
July 18, 1972), however, shall be such that the interest cost of the money
received from the sale of the bonds does not exceed (i) the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract, or (ii) the maximum rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract (if issued after a one
year period following July 18, 1972), computed to absolute maturity, according
to standard tables of bond value. The bonds shall be payable solely from the
income and revenues to be derived from the operation of the system.
(c) Notwithstanding the form or tenor of the bonds, and in the absence of
expressed recitals on the face of the bonds that the bonds are
non-negotiable, all bonds issued under this Article shall be negotiable
instruments.
(d) To secure payment of any or all of the bonds, the ordinance shall
set forth the covenants and undertakings of the township in connection
with (i) the issuance of the bonds and the issuance of additional bonds payable
from the revenue or income to be derived from the operation of the
system and (ii) the use and operation of the system. The ordinance may also
provide that the bonds, or those that are specified, shall, to the extent and
in the manner prescribed, be subordinated and be junior in standing with
respect to the payment of principal and interest and the security of payment to
other bonds designated in the ordinance.
(e) If any officer whose signature appears on the bonds or coupons
attached to the bonds ceases to be an officer before the delivery of
the bonds to the purchaser, his or her signature shall nevertheless be valid
and sufficient for all purposes to the same effect as if he or she had remained
in office until the delivery of the bonds.
(f) Under no circumstances shall any bonds issued or any other obligation
incurred under this Article by a township be or become an indebtedness or an
obligation of the township payable from taxes, nor shall they in any event
constitute an indebtedness of the township within the meaning of any
constitutional or statutory provision or limitation. This fact shall be
plainly stated on the face of each bond.
(g) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 88-62.)
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60 ILCS 1/205-20
(60 ILCS 1/205-20)
Sec. 205-20.
Ordinance describing project.
(a) A township board may initiate proceedings under this Article by adopting
an ordinance describing in a general way the contemplated project and referring
to plans and specifications prepared for any construction work. The ordinance
shall be placed on file in the office of the township clerk and shall be
available for inspection by the public.
(b) The ordinance shall set out the total estimated cost of the
project, fix the amount of bonds proposed to be issued, the maturity or
maturities, the interest rate, and all details concerning the bonds, and set
out the covenants and undertakings of the township in connection with the
application of the income and revenue and the issuance of additional revenue
bonds deemed necessary or advisable for assurance of the payment of the
bonds authorized by the ordinance and thereafter issued.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/205-25
(60 ILCS 1/205-25)
Sec. 205-25.
Security for bonds.
An ordinance authorizing the issuance of
bonds under this Article may in the discretion of the township board provide
that the bonds be secured by a trust agreement or depositary agreement by and
between the board and a corporate trustee, which may be a trust company or a
bank having powers of a trust company within this State. The agreement may
contain provisions for directing and enforcing the rights and remedies of the
bondholders deemed reasonable and proper, including the terms upon which the
trustee and the bondholders, or either of them, may enforce their rights, but
no trust agreement or depositary agreement shall convey, mortgage, or create
any lien upon the properties constituting the system.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/205-30
(60 ILCS 1/205-30)
Sec. 205-30.
Referendum on issuance of bonds.
(a) After an ordinance authorizing a project under this Article has been
adopted, it shall be published once in an English language newspaper published
and having general circulation in the township. If there is no such newspaper,
then the ordinance shall be posted in at least 3 of the most public places in
the township. The publication or posting of the ordinance shall include a
notice of (i) the specific number of voters required to sign a petition
requesting that the question of the adoption of the ordinance be submitted to
the electors of the township; (ii) the time in which the petition must be
filed; and (iii) the date of the prospective referendum. The township clerk
shall provide a petition form to any individual requesting one. The ordinance
shall become effective 30 days after the date of publication or posting,
but if within 30 days after publication or posting of the ordinance
a petition is filed with the township clerk signed by at least 10% of the
registered voters of the township (as shown by the registered voters list on
file in the office of the county clerk) asking that the question of issuing the
bonds be submitted to the voters of the township, the ordinance shall not
become effective until the question has been certified to the proper election
officials, who shall submit the question to the voters, and until the question
has been approved by the voters of the township at an election. The election
shall be conducted and notice given in accordance with the general election
law.
(b) The notice shall refer to the filing of the petition and set forth
the question to be voted upon, which shall be substantially as follows:
Shall revenue bonds in the amount of $(amount) be | | issued by (name of township) for (purpose)?
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The notice shall also state the time and place of the election.
(c) The vote at the election shall be by separate ballot, and
the question shall be in substantially the following form:
Shall revenue bonds in the amount of $(amount) be
| | issued by (name of township) for (purpose) as authorized in an ordinance of the township board dated (date of ordinance)?
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The votes shall be recorded as "Yes" or "No".
(d) If a majority of the voters voting on the question at the election vote
in favor of it, the ordinance shall be in full force and effect and the
township board may proceed with the issuance and sale of the bonds.
(Source: P.A. 87-767; 88-62.)
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60 ILCS 1/205-35
(60 ILCS 1/205-35)
Sec. 205-35.
Supervisor; bond proceeds and system revenues.
(a) The township supervisor shall be ex officio treasurer and the custodian
of all funds derived from the issuance and sale of bonds under this Article and
of all income and revenue derived from the operation of the system. Before the
supervisor receives any funds, he or she shall post with the township board,
subject to their approval, a separate corporate surety bond in an amount
determined by resolution of the township board. The supervisor shall keep the
proceeds of bonds issued and revenues derived from the operation of the system
separate and apart from all other funds that come into his or her hands as
supervisor and ex officio treasurer of the township. The supervisor shall
deposit the proceeds derived from the sale of bonds and the income and revenues
derived from the operation of the system in separate bank or savings and loan
association accounts in a depositary designated by the township board for that
purpose.
(b) No bank or savings and loan association shall receive public funds under
this Section unless it has complied with Section 6 of the Public Funds
Investment Act.
(Source: P.A. 83-541; 88-62.)
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60 ILCS 1/205-40
(60 ILCS 1/205-40)
Sec. 205-40.
Acquisition of property.
A township availing itself of the
provisions of this Article has the right of eminent domain to acquire any
private property for the purposes provided by this Article and may contract
for the acquisition of rights in property, easements, licenses, and permits
necessary or incidental in either the acquisition or construction of a system
or the improvement or extension of a system as provided in this Article. Any
contract, or award in the event of condemnation, shall be payable from the
income and revenue derived from the operation of the system, from the proceeds
of the sale of revenue bonds authorized to be issued under this Article, or
from township funds, including Federal Revenue Sharing funds, appropriated for
that purpose.
(Source: P.A. 80-407; 88-62.)
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60 ILCS 1/205-45
(60 ILCS 1/205-45)
Sec. 205-45.
Proximity to highways and other public grounds.
A township
availing itself of the provisions of this Article may, as a proper use of
highways, construct, maintain, alter, repair, and extend its pipes, mains,
ditches, conduits, sewers, and drains along, upon, under, and across any
highways, streets, alleys, or public grounds in the township, but so as not to
permanently inconvenience the public use of those highways, streets, alleys, or
public grounds.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
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60 ILCS 1/205-50
(60 ILCS 1/205-50)
Sec. 205-50.
Service to municipality.
If a city, village, or incorporated
town is located within the boundaries of a township availing itself of the
provisions of this Article that does not own or operate a waterworks system or
a sewerage system within the city, village, or incorporated town or within any
particular locality of the city, village, or incorporated town, and if the
city, village, or incorporated town adopts an ordinance requesting the township
to supply water or sewerage service, or both, for public and domestic use
within the city, village, or incorporated town or within the particular
locality of the city, village, or incorporated town, then the township
may construct, acquire, extend, improve, operate, and maintain its waterworks
system or sewerage system, or both, within the corporate limits of the city,
village, or incorporated town for the purpose of serving the inhabitants of the
city, village, or incorporated town or of the particular locality.
(Source: P.A. 77-1034; 88-62.)
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60 ILCS 1/205-55
(60 ILCS 1/205-55)
Sec. 205-55.
Water supply from municipality.
A township availing itself of
the provisions of this Article may contract for a supply of water for its
system from any city, village, or incorporated town owning and operating a
waterworks system.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
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60 ILCS 1/205-60
(60 ILCS 1/205-60)
Sec. 205-60.
Service to area surrounding township.
A township availing
itself of the provisions of this Article and owning and operating a waterworks
system or a combined waterworks and sewerage system under this Article may
supply water for public and domestic use in any area surrounding the limits of
the township, provided the supplying of the water is merely incidental to the
maintenance and operation of its system for the use and benefit of the
inhabitants of the township.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
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60 ILCS 1/205-65
(60 ILCS 1/205-65)
Sec. 205-65.
Separate fund for system income and revenue.
If revenue bonds
are issued under this Article, the income and revenue derived from the
operation of the system shall be deposited in a separate fund, in a separate
bank or savings and loan association account, designated as the (Water, Sewer,
or other name) Fund of (name of township). The fund shall be used only to pay
the cost of operation and maintenance of the system, to pay the principal of
and interest upon the revenue bonds of the township issued under this Article,
and to provide a reasonable depreciation fund whose amount and application
shall be fixed and determined in the ordinance providing for the issuance of
the bonds.
(Source: P.A. 83-541; P.A. 88-62.)
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60 ILCS 1/205-70
(60 ILCS 1/205-70)
Sec. 205-70.
Rates for use or service of system.
Rates charged for use or
service of a system acquired under this Article by a township shall be
sufficient at all times to pay the cost of operation and maintenance, to pay
the principal of and interest upon all revenue bonds issued under this Article,
and to provide a reasonable depreciation fund as established under the
ordinance authorizing the issuance of any revenue bonds. The holder of any bond
or bonds or of any interest coupon or coupons of any revenue bonds of a
township may, in any civil action, mandamus, injunction, or other proceedings,
enforce and compel performance of all duties required by this Article and the
covenants and undertakings set forth in any bond ordinance, including the
making and collection of sufficient rates and charges for the use or service of
a system and the proper application of the income and revenue from the system.
(Source: P.A. 83-345; 88-62.)
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60 ILCS 1/205-75
(60 ILCS 1/205-75)
Sec. 205-75. Liens; recovery of money due.
(a) Charges or rates established under this Article are liens upon the real
estate upon or for which a system is supplied. Liens do not attach to the real
estate until the charges or rates have become delinquent as provided by an
ordinance fixing a delinquency date.
(b) Nothing in this Section shall be construed to give the township board or
the township utility board a preference over the rights of any purchaser,
mortgagee, judgment creditor, or other lien holder arising before the filing of
notice of the lien in the office of the recorder of the county in which the
real estate is located or in the office of the registrar of titles of the
county if the property is registered under the Registered Titles (Torrens) Act.
The notice shall consist of a sworn statement setting forth (i) a description
of the real estate, sufficient for its identification, upon or for which the
system was supplied, (ii) the amount or amounts of money due for services of
the system, and (iii) the date or dates when the amount or amounts became
delinquent.
(c) The township board or the township utility board may foreclose the lien
in the same manner and with the same effect as the foreclosure of mortgages on
real estate.
(d) The township board or the township utility board may file an action in
the circuit court to recover money due for services of a system, plus a
reasonable attorney's fee to be fixed by the court. Whenever a judgment is
entered in a civil action, the provisions of this Section with respect to
filing sworn statements of delinquencies in the office of the recorder and
creating a lien against the real estate are not effective as to the charges
sued upon, and no lien exists thereafter against the real estate for the
delinquency. A judgment in a civil action operates as a release
and waiver of the lien upon the real estate for the amount of judgement.
(e) The payment of delinquent charges for sewerage service to any premises may be enforced by discontinuing the water service, the sewerage service, or both to the premises. A rate or charge is delinquent if it is more than 30 days overdue. Any public or municipal corporation or political subdivision of the State furnishing water service to the premises (i) shall discontinue that service upon receiving written notice from the township board or the township utility board in which the premises lies that payment of the rate or charge for sewerage service to the premises has become delinquent and (ii) shall not resume water service until it receives a similar notice that the delinquency has been removed. The provider of sewerage service shall not request discontinuation of water service pursuant to this subsection before sending a notice of the delinquency to the sewer user and affording the owner an opportunity to be heard. During any such hearing, the provider of sewerage service shall consider the financial ability of the user to make immediate full payment and consider the establishment of a deferred payment plan to recoup any delinquent charges. The township board or the township utility board shall reimburse the public or municipal corporation or political subdivision of the State for the reasonable cost of discontinuing and reestablishing water service to the premises. The township board or the township utility board may contract with any privately owned public utility for the discontinuance of water service to a premises with respect to which the payment for a rate or charge for sewerage service has become delinquent. The township board or township utility board shall reimburse the water service provider for any lost water service revenues due to discontinuing water service under this subsection, and shall indemnify the water service provider for any judgment and related attorney's fees resulting from an action based on any provision of this subsection.
(Source: P.A. 96-842, eff. 12-23-09.)
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60 ILCS 1/205-80
(60 ILCS 1/205-80)
Sec. 205-80.
Rules and regulations; publication.
(a) The township board has the supervision and control of the system and may
make, enact, and enforce all necessary rules and regulations in connection with
the acquisition of the system and its improvement, management, maintenance,
operation, care, protection, and use. Rules and regulations shall be
established from time to time by ordinance.
(b) Rates and charges for use and service for all purposes shall be
established, revised, maintained, be due and payable, and be in force as the
township board determines by ordinance. Rates or charges established by the
board are not subject to any statutory regulations covering rates or charges
for similar service by privately owned waterworks systems.
(c) The township board may enact and enforce reasonable rules and
regulations requiring, within a specified period of time, the owner of improved
real estate to connect into a township system when that improved real estate
abuts any street, alley, or other public way or sewer right-of-way in which any
line of the system exists. For purposes of this Section, improved real estate
includes real estate with buildings and real estate that has been platted for
subdivision purposes or for commercial uses.
(d) An ordinance establishing rules and regulations or rates or charges for
use and service shall be published within 30 days after its adoption in a
newspaper published and having general circulation in the township. If there is
no such newspaper, then the ordinance shall be posted in at least 5 of the most
public places in the township. The ordinance shall not become effective until
10 days after publication or posting, as the case may be.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/205-85
(60 ILCS 1/205-85)
Sec. 205-85.
Compensation for township officers.
Compensation for any
services performed by members of the township board, the township supervisor as
ex officio treasurer, and the township clerk as recording officer in connection
with the maintenance and operation of a system shall be fixed by ordinance by
the township board before the issuance of any bonds under this Article. The
compensation shall not be increased while any revenue bonds issued under this
Article after the adoption of an ordinance fixing compensation are outstanding.
(Source: P.A. 82-783; 88-62.)
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