(65 ILCS 5/11-137-3) (from Ch. 24, par. 11-137-3)
Sec. 11-137-3.
If any municipality is authorized to purchase a waterworks
or sewerage system, or both, as provided in Section 11-137-2, and if the
system is pledged to secure the payment of bonds, or other written
evidences of indebtedness, by a mortgage or trust deed, the corporate
authorities of the municipality may direct the municipal clerk or
treasurer, by a motion or resolution, to enter the bonds, or the other
written evidences of indebtedness on the records of the municipality as an
indebtedness against the waterworks or sewerage system only. The corporate
authorities shall have all the revenue derived from the operation of the
system, and all rents due and payable to the former owners for use of the
water and sewerage facilities, and pledged for the payment of the
indebtedness, set apart in a separate fund for the payment of the
indebtedness as it becomes due and payable, provided the system can be
operated and maintained from the current funds of the municipality
appropriated therefor.
Nothing contained in this Division 137 affects any lien or renders void
any bond, mortgage, or trust deed securing any indebtedness upon the
system, or any franchise under which the system is operated, or any
contract executed by any person as owner for the construction and
installation of the waterworks or sewerage system, or both, prior to the
transfer of the system to the municipality as provided in this Division
137. If the municipality neglects or fails to pay the indebtedness as it
falls due and if any mortgage or trust deed is foreclosed at the instance
of bona fide holders of unpaid bonds or other written evidences of
indebtedness, the mortgagee or trustee for those bona fide holders shall be
re-invested with all former rights which existed in their behalf by virtue
of the franchise and contract which were granted by the municipality, and
which were pledged.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-137-4) (from Ch. 24, par. 11-137-4)
Sec. 11-137-4.
Such municipalities may borrow money and levy and collect a
general tax, in the same manner as other municipal taxes may be levied and
collected, to procure funds to lease or purchase and maintain such a
waterworks or sewerage system, or both, and to pay any existing
indebtedness thereon. They may issue their bonds to procure funds to
purchase such a system or systems and to pay off the existing bonds or
indebtedness thereon, at the time of the purchase or at any time thereafter
that the financial condition of the municipality will permit.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
If an appropriation has been made therefor, such a municipality may
constitute and make any bond which falls due during the current year, and
which is secured by a mortgage or trust deed on such a system or systems,
and which was issued by any person to procure funds to construct the system
or systems, a bond of the municipality for that year and levy and collect a
tax to pay the appropriation. However, this action shall not increase the
bonded indebtedness of the municipality in excess of the constitutional
limitation for the year for which this tax is to be levied and collected.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-137-5) (from Ch. 24, par. 11-137-5)
Sec. 11-137-5.
A municipality may contract with any person for a supply of
water for public use for a period not exceeding 30 years.
A municipality so contracting may pay for the water so supplied by
general taxation, or out of the rents paid by consumers for the water
supplied to them, or out of any fund otherwise available for that purpose,
or by any combination of any of these means.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 138 heading) DIVISION 138.
LOCATING SOURCE OF WATER SUPPLY
OUTSIDE OF MUNICIPALITIES
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(65 ILCS 5/11-138-1) (from Ch. 24, par. 11-138-1)
Sec. 11-138-1.
Any water company organized under the laws of this state for
the purpose of supplying any municipality or the inhabitants thereof with
water, may locate its source of supply at, or change its source of supply
to, a point not more than 20 miles beyond the corporate limits of the
municipality. Such company may enter upon any land and take and damage
private property beyond those corporate limits, (1) for the construction,
maintenance, and operation of a line or lines of water-pipe to the source
of supply, (2) for the necessary pumping stations, reservoirs, and other
appurtenances, and (3) for the protection of all reservoirs, submerged
land, and source of supply from contamination, pollution, or damage from
any cause whatsoever.
Such a company may construct, maintain, and operate beyond those
corporate limits such a line or lines of water-pipe across or under any
railroad right-of-way, and in and under any public or private road,
highway, street, alley, or public ground, or across or under any of the
waters within this state, subject, however, to these conditions: (1) such a
line or lines of water-pipe shall not interfere with any railroad, or with
any sewer, gas pipes, water-pipes, or other conduit, already laid in or
under any public or private road, highway, street, alley, or public ground
by public authority; (2) such a company, in the construction and repair of
such a line or lines of water-pipe, shall restore any public or private
road, highway, street, alley, or public ground that is damaged to the same
condition as before, and shall not unnecessarily interfere with the public
use of the navigation of any of the specified waters; and (3) the laying of
the water-pipes and construction of the other works shall be done under
such reasonable regulations as the corporate authorities of any township or
municipality wherein that work is done may prescribe.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-138-2) (from Ch. 24, par. 11-138-2)
Sec. 11-138-2.
Whenever it is necessary for the construction, maintenance,
and operation of such a line or lines of water-pipe, pumping stations,
reservoirs, other appurtenances, or for the protection of reservoirs,
submerged land, and the source of supply from contamination, pollution, or
damage from any cause, to take or damage private property adjacent to these
improvements, that property may be taken or damaged, and the compensation
therefor may be ascertained and paid in the manner which may be then
provided by law for the exercise of the right of eminent domain.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-138-3) (from Ch. 24, par. 11-138-3)
Sec. 11-138-3.
Any person who unlawfully and intentionally molests or
destroys any part of such a line of water-pipe, pumping station, reservoir,
or other appurtenance, or the material or property belonging to a specified
water company, or who in any manner interferes with the construction,
maintenance, or operation of the property specified in this section is
guilty of a petty offense. But a prosecution under the provisions of this
section shall not in any manner prevent a recovery by the company entitled
thereto, of the amount of damages done to its property.
(Source: P.A. 77-2830.)
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(65 ILCS 5/Art. 11 Div. 139 heading) DIVISION 139.
COMBINED WATERWORKS AND
SEWERAGE SYSTEMS
|
(65 ILCS 5/11-139-1) (from Ch. 24, par. 11-139-1)
Sec. 11-139-1.
When used in this Division 139, "waterworks" means and
includes a waterworks system in its entirety or any integral part thereof,
including mains, hydrants, meters, values, standpipes, storage tanks, pump
tanks, intakes, wells, impounding reservoirs, pumps, 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 or all of the following: a
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, which the municipality determines by
ordinance to operate in combination.
(Source: Laws 1963, p. 2433.)
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(65 ILCS 5/11-139-2) (from Ch. 24, par. 11-139-2)
Sec. 11-139-2.
Any municipality may acquire, or construct, and maintain and
operate a combined waterworks and sewerage system either within or without
the corporate limits thereof. A municipality owning and operating a
waterworks or sewerage system may provide for the inclusion of that
waterworks or sewerage system or the combination of the 2 in a combined
waterworks and sewerage system under this Division 139, and in connection
therewith may provide for paying or refunding any unpaid obligations which
are payable solely from the revenue of or which are secured by a mortgage
of that waterworks or sewerage system, or any part thereof included in the
combined waterworks and sewerage system. Any municipality owning and
operating a combined waterworks and sewerage system may also provide for
paying or refunding any unpaid obligations which are payable solely from
the revenue of the combined waterworks and sewerage system. A municipality
owning, acquiring, or constructing and providing for the operation of a
combined waterworks and sewerage system may improve and extend that system,
and may impose and collect charges or rates for the use of that system as
provided in this Division 139. A municipality may also, when determined by
its corporate authorities to be in the public interest and necessary for
the protection of the public health or in the best interests of the
municipality and its environs, enter into and perform contracts, whether
long-term or short-term, with any other municipality within a radius of 25
miles of its corporate limits and construct water mains to such
municipality and supply water to such municipalities on the request of any
such municipality; provided, that such water mains be constructed and that
such municipality purchase water on a long term basis at rates sufficient
to amortize the cost of the construction of such water mains and pay the
cost of maintenance and operation thereof, as hereinafter provided in this
Division 139, and also with any industrial establishment for the provision
and operation by the municipality of sewerage facilities, either within or
without the corporate limits of such municipality, to abate or reduce the
pollution of waters caused by discharges of industrial wastes by the
industrial establishment and the payment periodically by such municipality
or municipalities or the industrial establishment to the municipality of
amounts at least sufficient, in the determination of such corporate
authorities, to compensate the municipality for the cost of providing
(including payment of principal and interest charges, if any) and of
operating and maintaining any such facilities. This amendatory Act is not a
prohibition upon the contractual and associational powers granted by
Article VII, Section 10 of the Constitution.
(Source: P.A. 77-2837.)
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(65 ILCS 5/11-139-3) (from Ch. 24, par. 11-139-3)
Sec. 11-139-3.
For the purpose of defraying the cost of acquiring, constructing,
extending, or improving a combined waterworks and sewerage system or any
part thereof, any municipality (1) may apply money received therefor from
the federal government or available therefor from any source, and (2) may
issue and sell revenue bonds of the municipality payable solely from
revenue derived from the operation of the combined waterworks and sewerage
system. These bonds may be issued in such amounts as may be necessary to
provide sufficient funds to pay all the costs of the acquisition,
construction, extension, or improvement of the combined waterworks and
sewerage system as authorized by Section 11-139-2, including engineering,
legal, and other expenses, together with interest to the estimated date of
completion of the combined waterworks and sewerage system or of the project
to be constructed. The bonds shall bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually and shall mature
within the period of usefulness of the project involved, to be determined
by the corporate authorities and in any event not more than 40 years. The
bonds shall be sold in such manner as the corporate authorities shall
determine and if issued to bear interest at the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, shall be sold for not less than par and accrued interest. If any
of these bonds are issued to bear interest at a rate of less than the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the minimum price at which they may be
sold shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
computed to maturity. In case any officer whose signature appears on the
bonds or coupons attached thereto ceases to hold that office before the
delivery of the bonds to the purchaser, the signature nevertheless shall be
valid and sufficient for all purposes, with the same effect as if he had
remained in office until the delivery of the bonds. The bonds shall have
all the qualities of negotiable instruments under the law of this state.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 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 Act 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 Act that may appear to be or to have been more restrictive than
those Acts.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-139-4) (from Ch. 24, par. 11-139-4)
Sec. 11-139-4.
Whenever an existing waterworks or sewerage system is
included in a combined waterworks and sewerage system under this Division
139 and there are unpaid obligations previously issued, which are payable
solely from the revenue or secured by a mortgage of the waterworks or
sewerage system, or any part thereof, or whenever there are unpaid
obligations previously issued which are payable solely from the revenue of
the combined waterworks and sewerage system, the unpaid obligations may be
refunded by the issue and exchange therefor of revenue bonds, to be issued
under this Division 139, with the consent of the respective holders of the
unpaid obligations. The holders of revenue bonds issued under this Division
139, whether (1) for refunding or (2) for acquisition, construction,
extension, or improvement, or both, have the same rights and privileges
with respect to payment and there is no distinction between revenue bonds
issued for the 2 purposes unless it is specifically provided in the
ordinance authorizing the issuance of bonds that the bonds, or such ones
thereof as may be specified, issued for such acquisition, construction,
extension or improvement, 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 thereof, to such other
bonds payable from the revenue of the combined waterworks and sewerage
system as are specified in such ordinance. Whenever any unpaid obligations
previously issued which are payable solely from the revenue or secured by a
mortgage of any waterworks or sewerage system included in a combined
waterworks and sewerage system or any combined waterworks and sewerage
system under this Division 139 are refunded, the unpaid obligations shall
be surrendered and exchanged for revenue bonds of the combined waterworks
and sewerage system of a total principal amount which shall not be more but
may be less than the principal amount of the obligations exchanged and the
interest thereon to the date of exchange.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-139-5) (from Ch. 24, par. 11-139-5)
Sec. 11-139-5.
The corporate authorities of any municipality availing
itself of the provisions of this Division 139 shall adopt an ordinance
describing in a general way the contemplated project. If it is intended to
include in the combined waterworks and sewerage system any existing
waterworks or any existing sewerage system, the ordinance shall provide for
its inclusion in the combined system and shall describe in a general way
the existing waterworks or sewerage system to be included in the combined
waterworks and sewerage system. If it is intended to acquire or construct a
combined waterworks and sewerage system, or to extend and improve such a
system, the ordinance shall describe in a general way the system to be
acquired or constructed or the extension or improvement to be made or any
project authorized by Section 11-139-2. It shall not be necessary that the
ordinance refer to plans and specifications nor that there be on file for
public inspection prior to the adoption of such ordinance detailed plans
and specifications of the project. The ordinance shall set out the
estimated cost of the contemplated project, and if any existing waterworks
or sewerage system is included in the project, the ordinance shall state
the means provided for defraying or refunding any unpaid obligation,
payable solely from the revenue or secured by a mortgage of the waterworks
or sewerage system, and if any unpaid obligations payable from the revenue
of the combined waterworks and sewerage system are outstanding and unpaid
the ordinance shall state the means providing for defraying or refunding
any unpaid obligation so payable from the revenue of the combined
waterworks and sewerage system. The ordinance shall determine the period of
usefulness of the contemplated project. The ordinance shall also prescribe
the method of defraying the cost of the contemplated project and fix the
amount of revenue bonds proposed to be issued, the interest rate, and all
other details in connection with the bonds deemed advisable. The ordinance
may contain such covenants and restrictions upon the issuance thereafter of
additional revenue bonds as may be deemed necessary or advisable for the
assurance of the payment of bonds thereby authorized and as may be
thereafter issued.
(Source: P.A. 77-2837.)
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(65 ILCS 5/11-139-6) (from Ch. 24, par. 11-139-6)
Sec. 11-139-6.
Within 10 days after the ordinance for any project
under this Division 139 has been passed, it shall be published at least
once in one or more newspapers published in the municipality, or, if no
newspaper is published therein, then in one or more newspapers with a
general circulation within the municipality. In municipalities with less
than 500 population in which no newspaper is published, publication may
instead be made by posting a notice in 3 prominent places within the
municipality. The publication or posting of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to sign a petition
requesting the question of the adoption of the ordinance be submitted to
the electors of the municipality; (2) the time in which such petition must
be filed; and (3) the date of the prospective referendum. The municipal
clerk shall provide a petition form to any individual requesting one. If
no petition is filed with the municipal clerk, as
provided in this section, within 30 days after the publication or
posting of the ordinance, it shall be in effect. But if within this 30
day period a petition is filed with the municipal clerk signed by
electors of the municipality numbering 10% or more of the number of
registered voters in the municipality, asking that the question of acquiring,
constructing, extending, or improving the combined waterworks and
sewerage system, as provided in the ordinance, and the issuance of
revenue bonds therefor be submitted to the electors of the municipality,
the municipal clerk shall certify such question for submission at an election
in accordance with the general election law. If a majority of the votes
cast on the question are in favor thereof, the ordinance shall be in effect.
But if a majority of the votes cast on the question are unfavorable, the
municipality shall proceed no further and the ordinance shall not take effect.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
Sec. 11-139-7.
Revenue bonds issued under this Division 139 shall be
payable solely from the revenue derived from the operation of the combined
waterworks and sewerage system on account of which the bonds are
issued; provided, that bonds issued under this Division 139 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter,
these bonds shall not in any event constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation and it shall be so stated on the face of each bond.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-139-8) (from Ch. 24, par. 11-139-8)
Sec. 11-139-8.
The corporate authorities of any municipality availing
itself of this Division 139 may (1) make, enact, and enforce all needful
rules and regulations for the acquisition, construction, extension,
improvement, management, and maintenance of the combined waterworks and
sewerage system of the municipality and for the use thereof, (2) make,
enact, and enforce all needful rules, regulations, and ordinances for the
care and protection of such a system, which may be conducive to the
preservation of the public health, comfort, and convenience and to
rendering the water supply of the municipality pure and the sewerage
harmless insofar as it is reasonably possible to do so, and (3) charge the
inhabitants thereof a reasonable compensation for the use and service of
the combined waterworks and sewerage system and to establish rates for that
purpose. Separate rates may be fixed for the water and sewer services
respectively or single rates may be fixed for the combined water and sewer
services. Separate rates may be fixed for any water services to any other
municipality and separate sewer rates to any industrial establishment for
the purposes set forth in Section 11-139-2. These rates, whether separate
or combined, shall be sufficient at all times to (1) pay the cost of
operation and maintenance of the combined waterworks and sewerage system,
(2) provide an adequate depreciation fund, and (3) pay the principal of and
interest upon all revenue bonds issued under this Division. Rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance.
Whenever a municipality shall issue revenue bonds as provided by this
Division to pay the cost of the extension or improvement of its combined
waterworks and sewerage system or any part thereof to serve a particular
area of the municipality, the municipality may vary its rates to be charged
for the water and sewer services of the system or for either of them
effective upon the issuance of bonds as provided by this division to pay
the cost of the extension or improvement of its combined waterworks or
sewerage system or any part thereof to serve a particular area of a
municipality so that the rates to be charged for services in the particular
area to be served by such extension or improvement shall be calculated to
produce, in addition to the revenues generally to be produced by such
rates, sufficient funds to pay the principal of and interest upon the
revenue bonds issued to pay the cost of such extension or improvement for
that particular area.
Such charges or rates are liens upon the real estate upon or for which
service is supplied whenever the charges or rates become delinquent as
provided by the ordinance of the municipality fixing a delinquency date;
except the charges or rates established by contract for the supply of water
to another municipality. A lien is created under the preceding sentence only if
the municipality sends to the owner or owners of record of the real estate, as
referenced by the taxpayer's identification number, (i) a copy of each
delinquency notice sent to the person who is delinquent in paying the charges
or rates or other notice sufficient to inform the owner or owners of record, as
referenced by the taxpayer's identification number, that the charges or rates
have become delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real
estate sufficient for the identification thereof, (2) the amount of money
due for such service, and (3) the date when such amount became delinquent.
The municipality shall send a copy of the notice of the lien to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
The municipality also has the power, from time to time, to sue the
occupant or user of the real estate in a civil action to recover the money
due for services rendered, plus a reasonable attorney's fee, to be fixed by
the court. Whenever a judgment is entered in such a civil action the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective thereafter
as to charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien for the amount of the judgment.
(Source: P.A. 87-1197.)
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(65 ILCS 5/11-139-9) (from Ch. 24, par. 11-139-9)
Sec. 11-139-9.
Whenever revenue bonds are issued under this Division 139,
sufficient revenue derived from the operation of such a combined waterworks
and sewerage system shall be deposited in a separate fund, designated as
the waterworks and sewerage fund of the municipality. It shall be used only
(1) to pay the cost of maintenance and operation of the combined system,
(2) to provide an adequate depreciation fund, and (3) to pay the principal
of and interest upon the revenue bonds of the municipality issued under
this Division 139.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-139-10) (from Ch. 24, par. 11-139-10)
Sec. 11-139-10.
Any municipality operating a combined waterworks and
sewerage system under this Division 139, shall set up and maintain a proper
system of accounts showing the amount of revenue received from the combined
waterworks and sewerage system and the application of this revenue. At
least once each year the municipality shall have these accounts properly
audited, and a report of this audit shall be open to the public for
inspection at all reasonable times.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-139-11) (from Ch. 24, par. 11-139-11)
Sec. 11-139-11.
The holder of any bond or of any coupon of any bond issued under this
Division 139 may proceed by civil action to compel performance of all
duties required by this Division 139, including the making and collection
of sufficient rates for the purposes specified in this Division 139 and the
application of the revenue therefrom to those purposes.
(Source: P.A. 77-942.)
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(65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12) Sec. 11-139-12. Acquisition by eminent domain. For the purpose of acquiring, constructing, extending, or
improving any combined waterworks and sewerage system under this Division
139, or any property necessary or appropriate therefor, any municipality
has the right of eminent domain, as provided by the Eminent Domain Act. The fair cash market value of an existing waterworks and sewerage system,
or portion thereof, acquired under this Division 139, which existing system
is a special use property,
may be determined by considering Section 15 of Article I of the Illinois Constitution, the Eminent Domain Act, and the Uniform Standards of Professional Appraisal Practice and giving due consideration to the income, cost, and market approaches to valuation based on the type and character of the assets being acquired. In making the valuation determination, the historical and projected revenue attributable to the assets, the costs of the assets, and the condition and remaining useful life of the assets may be considered while giving due account to the special use nature of the property as used for water and sewerage purposes. Additionally, in determining the fair cash market value of existing utility facilities, whether real or personal, consideration may be given to the depreciated value of all facilities and fixtures constructed by the utility company and payments made by the utility company in connection with the acquisition or donation of any waterworks or sanitary sewage system. Except as is provided in subsection (h) of Section 10-5-10 of the Eminent Domain Act, no prior approval of the Illinois Commerce
Commission, or any other body having jurisdiction over the existing system,
is required. (Source: P.A. 103-13, eff. 6-9-23.) |
(65 ILCS 5/Art. 11 Div. 140 heading) DIVISION 140.
OUTLET SEWERS OUTSIDE MUNICIPAL
BOUNDARIES
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(65 ILCS 5/11-140-1) (from Ch. 24, par. 11-140-1)
Sec. 11-140-1.
In every municipality with a population of 100,000 or less
which has a sewage system but has no adequate outlet therefor, or any
proper disposition of the sewage thereof, without constructing an outlet
sewer the terminus of which will be outside the corporate limits of the
municipality, the corporate authorities thereof may (1) construct an outlet
sewer, wholly without, or partially within and partially without the
corporate limits of the municipality into which the sewers throughout the
municipality are to empty, and through which the sewers are to discharge
their sewage for proper disposition and sanitary benefits, (2) construct
reservoirs, erect pumping works, machinery, and plants for the treatment of
the sewage within or without the corporate limits of the municipality, (3)
acquire the necessary land and machinery for these purposes, and (4)
otherwise provide for discharge of the municipality's sewage into channels
that will promote the health and improve the sanitary condition of and
accomplish the purpose of an outlet sewer for the municipality. The cost of
exercising the powers conferred by this section shall be borne by special
assessment or by special taxation upon the property in those portions of
the municipality the sewers in which are ultimately to find their outlet
through the outlet sewer so constructed.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-2) (from Ch. 24, par. 11-140-2)
Sec. 11-140-2.
The corporate authorities of such municipality may maintain
and keep in repair the outlet sewers, purification plants, reservoirs,
pumping works, and machinery provided for in Section 11-140-1. The cost of
the maintenance and repair shall be borne by special assessment or by
special taxation upon the property specified in Section 11-140-1. No lot,
block, or parcel of land shall be assessed more than once in any one year
for such maintenance and repair.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-140-3) (from Ch. 24, par. 11-140-3)
Sec. 11-140-3.
The corporate authorities of such a municipality may acquire
by purchase, gift, condemnation, or otherwise, all the real and personal
property, rights-of-way, and easements within or without the corporate
limits of the municipality necessary for the construction and maintenance
of the outlet sewers and works authorized by Section 11-140-1. The
corporate authorities have the same control and jurisdiction of this
property which is without as of that which is within the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-140-4) (from Ch. 24, par. 11-140-4)
Sec. 11-140-4.
When the corporate authorities of a municipality determine
to construct improvements provided for in Section 11-140-1, they shall do
so by an ordinance which shall prescribe whether the improvements shall be
made by special assessment or by special taxation. The ordinance shall also
prescribe the nature, character, locality, and description of the
improvements, either by setting forth the same in the ordinance itself, or
by reference to maps, plats, plans, profiles, or specifications thereof on
file in the office of the municipal clerk, or by both methods.
The ordinance shall also describe by reasonably well understood
boundaries, those portions of the municipality the sewerage of which is to
be conducted by sewers already laid, or by those contemplated to be laid,
into and through the outlet sewer provided for by Section 11-140-1. This
property within those boundaries shall be assessable for the cost of this
outlet sewer improvement. If property is to be taken or damaged for this
improvement, the ordinance shall describe the property with reasonable
certainty.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-140-5) (from Ch. 24, par. 11-140-5)
Sec. 11-140-5.
All proceedings preliminary to the passage of the ordinance,
the enactment of the ordinance and the provisions thereof, and all
subsequent proceedings, including the filing of the petition, steps
necessary to the making of the assessment roll, the return thereof to the
court, notices to parties assessed, newspaper publications, confirmation of
assessment by court, delivery of roll to the collector, collection of
assessments, return of delinquent lists, application for judgments against
delinquents, tax sales on delinquents, and tax deeds necessary to be taken
to make, levy, confirm, and collect an assessment, and to pay the cost by
special assessment or by special taxation of the outlet sewer provided for
by Section 11-140-1, as well as proceedings for the condemnation of
property, the manner of awarding contracts, doing and superintending the
work, and paying the contractor therefor, shall be in accordance with the
provisions of Article 9, except in so far as the provisions of this
Division 140 are inconsistent therewith.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-140-6) (from Ch. 24, par. 11-140-6)
Sec. 11-140-6.
For the purpose of anticipating the collection of the second
and succeeding installments provided for by this Division 140, every
municipality specified in Section 11-140-1 may issue and retire bonds in
accordance with the provisions and regulations of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 141 heading) DIVISION 141.
SEWERAGE SYSTEMS AND ABATEMENT
OF POLLUTION FROM INDUSTRIAL WASTES
|
(65 ILCS 5/11-141-1) (from Ch. 24, par. 11-141-1)
Sec. 11-141-1.
When used in this Division 141, "sewerage system" means and
includes any or all of the following: a sewage treatment plant or plants,
collecting, intercepting and outlet sewers, force mains, conduits, lateral
sewers and extensions, pumping stations, ejector stations, and all other
appurtenances, extensions or improvements necessary or useful and
convenient for the collection, treatment, and disposal, in a sanitary
manner, of sewage and industrial wastes. The term also includes the
disconnection of storm water drains and constructing outlets therefor,
where, in any case, such work is necessary to relieve existing sanitary
sewers of storm water loads, in order to permit the efficient operation of
such sanitary sewers for collection, treatment, and disposal of sewage and
industrial wastes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-2) (from Ch. 24, par. 11-141-2)
Sec. 11-141-2.
Every municipality may construct or acquire, and may improve, extend,
and operate a sewerage system either within or without the corporate limits
thereof. Every municipality also may, when determined by its corporate
authorities 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 any industrial establishment for the provision and
operation by the municipality 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 municipality of amounts at least sufficient, in the
determination of such corporate authorities, to compensate the municipality
for the cost of providing (including payment of principal and interest
charges, if any), and of operating and maintaining the sewerage facilities
serving such industrial establishment.
Every municipality may borrow money from the United States Government or
any agency thereof, or from any other source, for the purpose of improving
or extending or for the purpose of constructing or acquiring and improving
and extending a sewerage system and, as evidence thereof, may issue its
revenue bonds, payable solely from the revenue derived from the operation
of the sewerage system by that municipality. These bonds may be issued with
maturities not exceeding 40 years from the date of the bonds, and in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the improvement or extension or construction or acquisition and
improvement and extension of the sewerage system, including engineering,
legal, and other expenses, together with interest, to a date 6 months
subsequent to the estimated date of completion. These bonds shall bear
interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually, may
be made registerable as to principal, and may be made callable on any
interest payment date at a price of par and accrued interest under such
terms and conditions as may be fixed by the ordinance authorizing the
issuance of the bonds. Bonds issued under this Division 141 are negotiable
instruments. They shall be executed by the mayor or president of the
municipality and by the municipal clerk and shall be sealed with the
corporate seal of the municipality. In case any officer whose signature
appears on the bonds or coupons ceases to hold that office before the bonds
are delivered, his signature, nevertheless, shall be valid and sufficient
for all purposes, the same as though he had remained in office until the
bonds were delivered. The bonds shall be sold in such manner and upon such
terms as the corporate authorities shall determine, except that the selling
price shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually,
computed to maturity according to the standard table of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 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 Act 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 Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-141-3) (from Ch. 24, par. 11-141-3)
Sec. 11-141-3.
Whenever the corporate authorities of a municipality determine to
improve or extend or to construct or acquire and improve and extend a
sewerage system and to issue bonds, under this Division 141, for the
payment of the cost thereof, the corporate authorities shall adopt an
ordinance describing, in a general way, the contemplated project. It is
not necessary that the ordinance refer to plans and specifications nor
that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the project.
Whenever a municipality has been directed by an order issued under
"An Act to establish a Sanitary Water Board and to control, prevent and
abate pollution of the streams, lakes, ponds and other surface and
underground waters in the State, and to repeal an Act named therein",
approved July 12, 1951, as now or hereafter amended, or the
"Environmental Protection Act", enacted by the 76th
General Assembly, to abate its discharge of untreated or inadequately
treated sewage, this fact shall be set out in the ordinance, unless the
order to abate the discharge has been reversed on appeal.
The ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, and fix the amount of
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and all the details
in connection with the bonds. The ordinance may contain such covenants
and restrictions upon the issuance of additional revenue bonds
thereafter, which will share equally the revenue of the sewerage system,
as may be deemed necessary or advisable for the assurance of the payment
of the bonds first issued. Any municipality may also provide in the
ordinance authorizing the issuance of bonds under this Division 141 that
the bonds, or such ones thereof as may be 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 thereof, to such other bonds as are designated in the
ordinance.
The ordinance shall pledge the revenue derived from the operation of
the sewerage system for the purpose of paying the cost of operation and
maintenance of the system, providing an adequate depreciation fund, and
paying the principal and interest on the bonds of the municipality
issued under this Division 141.
This amendatory Act (Public Act 76-1983) applies to bonds which are
authorized but not sold on its effective date.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 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 Act 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 Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-141-4) (from Ch. 24, par. 11-141-4)
Sec. 11-141-4.
Within 10 days after this ordinance has been passed,
it shall be published at least once in one or more newspapers published
in the municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality.
If the ordinance specifies that the municipality has been directed by
an order issued under the provisions of "An Act to establish a Sanitary
Water Board and to control, prevent and abate pollution of the streams,
lakes, ponds and other surface and underground waters in the State, and
to repeal an Act named therein", approved July 12, 1951, as heretofore
and hereafter amended, and the Environmental Protection Act, to abate its
discharge of untreated or inadequately treated sewage, the ordinance
authorizing the issuance of those revenue bonds shall be in effect
immediately upon its adoption and publication, or posting, as provided in
this section, notwithstanding any provision in this Code or any other law
to the contrary.
In all other cases, if no petition is filed with the municipal clerk
as hereinafter provided in this section, within 30 days after the
publication or posting of the ordinance, the ordinance shall be in
effect after the expiration of that 30 day period. In such cases
the publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of improving or extending or of construction or
acquiring and improving and extending a sewerage system and of issuing
revenue bonds to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective referendum.
The municipal clerk shall provide a petition form to any individual
requesting one. But if within that 30 day period a petition is filed with
the municipal clerk signed by electors of the municipality numbering 10% or
more of the number of registered voters in the municipality, asking that
the question of improving or extending or of construction or acquiring
and improving and extending a sewerage system and of issuing revenue
bonds to pay the cost thereof be submitted to the electors of the
municipality, the municipal clerk of the municipality shall certify the
question for submission at an election.
If a majority of the electors voting upon the question
voted in favor thereof, the ordinance shall be in effect, but if a
majority of the electors voting upon the questions are not in favor
thereof, the ordinance shall not take effect.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-141-5) (from Ch. 24, par. 11-141-5)
Sec. 11-141-5.
All bonds issued under this Division 141 are payable solely
from the revenue derived from the operation of the sewerage system;
provided, that bonds issued under this Division 141 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter, these
bonds shall not, in any event, constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation. It shall be plainly stated on the face of each bond that the
bond has been issued under this Division 141 and that it does not
constitute an indebtedness of the municipality within any constitutional or
statutory limitation.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-141-6) (from Ch. 24, par. 11-141-6)
Sec. 11-141-6.
So long as any revenue bonds of the municipality under the
provisions of this Division 141 are outstanding, all revenue derived from
the operation of such a sewerage system shall be set aside as collected,
and deposited in a special fund of the municipality, and this revenue shall
be used only for the purpose of paying the cost of operating and
maintaining the sewerage system, providing an adequate depreciation fund,
and paying the principal of and interest on the bonds issued by the
municipality under the provisions of this Division 141. When no such
revenue bonds are outstanding, such revenue shall be used for the purpose
of paying the principal of and interest on any other bonds or indebtedness
issued or incurred by the municipality for the construction, acquisition,
improvement, extension, operation or improvement of the sewerage system, or
for paying for the construction, acquisition, improvement, extension,
operation or improvement of the sewerage system.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
Sec. 11-141-7.
Powers.
The corporate authorities of any municipality that
owns and operates or that may hereafter own and operate a sewerage system
constructed or acquired under the provisions of any law of this state may
make, enact, and enforce all needful rules, regulations, and ordinances for
the improvement, care, and protection of its sewerage system and any other
sewer or sewerage system, located outside the corporate boundary of the
municipality and not owned by it, that directly or indirectly connects with
the municipality's sewerage system, which may be conducive to the
preservation of the public health, comfort, and convenience, and may render
the sewage carried in the sewerage system of the municipality harmless in
so far as it is reasonably possible to do so.
The corporate authorities of such a municipality may, by ordinance,
charge the inhabitants thereof for the use and service of its sewerage
system whether by direct or indirect connection therewith within or without
the corporate boundary, and to establish charges or rates for that purpose.
The corporate authorities of such a municipality may by ordinance charge
the users thereof, whether they be inside of or outside of the
municipality, for the use and service of its sewerage system whether by
direct or indirect connection therewith, within or without the corporate
boundary, and may establish charges or rates for that purpose, provided
however that where such users are residents of another municipality with
whom there is a contract for use and service of the sewerage system, then
such charges or rates shall be made in accordance with the terms of the
contract, either directly to the users or to the contracting municipality
as may be provided by the provisions of the contract. In making such rates
and charges the municipality may provide for a rate to the outside users in
excess of the rate fixed for the inhabitants of said municipality as may be
reasonable. Where bonds are issued as provided in Sections 11-141-2 and
11-141-3, the corporate authorities shall establish rates or charges as
provided in this section, and these charges or rates shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an
adequate depreciation fund, and to pay the principal of and interest upon
all revenue bonds issued under Sections 11-141-2 and 11-141-3.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the system. The depreciation fund shall not be allowed to accumulate beyond
a reasonable amount necessary for that purpose, and shall not be used for
extensions to the system.
Charges or rates shall be established, revised, and maintained by
ordinance and become payable as the corporate authorities may determine by
ordinance.
Such charges or rates are liens upon the real estate upon or for which
sewerage service is supplied whenever the charges or rates become
delinquent as provided by the ordinance of the municipality fixing a
delinquency date. A lien is created under the preceding sentence only if the
municipality sends to the owner or owners of record, as referenced by the
taxpayer's identification number, of the real estate (i) a copy of each
delinquency notice sent to the person who is delinquent in paying the charges
or rates or other notice sufficient to inform the owner or owners of record, as
referenced by the taxpayer's identification number, that the charges or rates
have become delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real estate sufficient for the
identification thereof, (2) the amount of money due for such sewerage service,
and (3) the date when such amount became delinquent. The municipality shall
send a copy of the notice of the lien to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
Except in counties with a population of more than 250,000 where the majority
of the municipal sewerage system users are located outside of the
municipality's
corporate limits, the payment of delinquent charges for sewerage service to
any premises may be enforced by discontinuing either the water service or the
sewerage service to that premises, or both.
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 a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also has the power, from time to time, to sue the
occupant or user of that real estate in a civil action to recover money due
for sewerage services, plus a reasonable attorney's fee, to be fixed by the
court. However, whenever a judgment is entered in such a civil action, the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective as to the
charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the amount of the
judgment.
(Source: P.A. 93-500, eff. 6-1-04 .)
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(65 ILCS 5/11-141-8) (from Ch. 24, par. 11-141-8)
Sec. 11-141-8.
Every municipality which issues bonds under this Division
141 shall install and maintain a proper system of accounts showing the
amount of revenue received from the sewerage system and the application of
that revenue. At least once each year the municipality shall have the
accounts properly audited. A report of that audit shall be open for
inspection at all proper times to any taxpayer, sewerage system user, or
the holder of any bond issued under this Division 141, or their respective
representatives.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-9) (from Ch. 24, par. 11-141-9)
Sec. 11-141-9.
The holder of any bond issued under this Division 141, or of
any coupon representing interest accrued thereon, by any
civil action, mandamus, injunction or other proceeding, may compel the
officials of the municipality
issuing the bonds to perform all duties imposed upon them by the provisions
of this Division 141, including the making and collection of sufficient
charges or rates for that purpose and the application of the revenue from
the sewerage system.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-141-10) (from Ch. 24, par. 11-141-10)
Sec. 11-141-10. For the purpose of improving or extending, or constructing
or acquiring and improving and extending a sewerage system under this
Division 141, a municipality may acquire any property necessary or
appropriate therefor by eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-141-10.1)
Sec. 11-141-10.1. Annexation of territory including township sewerage
system. (a) If a
municipality
annexes part or all of the territory in which a township operates a sewerage
system that includes a sewage treatment plant or plants, and if the
corporate authorities of the municipality do not operate a sewerage system that includes a sewage treatment plant or plants, the township shall be responsible for that
portion of the
sewerage system within the annexed territory. Any user fees attributable to the annexed territory shall remain with the township, unless, by agreement, the township assigns those fees. (b) If a municipality annexes part or all of the territory in which a township operates a sewerage system that does not include a sewage treatment plant or plants, the authority responsible for operating the sewerage system within the annexed territory shall assume responsibility for that portion of the sewerage system within the annexed territory. Beginning upon the date of annexation, any user fees attributable to the maintenance and operation of the sewerage system shall be collected by the corporate authorities of the municipality.
(Source: P.A. 94-475, eff. 8-4-05.) |
(65 ILCS 5/11-141-10.5)
Sec. 11-141-10.5.
Sewerage systems; adjacent municipality's access to
other jurisdictions. The corporate authorities of any municipality shall not
restrain or interfere with an adjacent municipality's construction,
maintenance, alteration, or extension of a sewerage system that accesses
intercepting and outlet sewers of a third consenting wastewater treatment
authority outside of the adjacent municipality's corporate boundaries provided
that
the construction, maintenance, alteration, or extension is an appropriate or
practical route, according to any Environmental Protection Agency engineer, and
is necessary to maintain or establish compliance with the Environmental
Protection Act or rules or regulations
promulgated by the Pollution Control Board.
Any municipality granting access to intercepting and outlet sewers of a third
consenting wastewater treatment authority may recover only its actual costs,
including but not limited to inspection, regulation, administration, and repair
costs, associated with any construction, maintenance, extension, or alteration
of the existing system.
(Source: P.A. 90-190, eff. 7-24-97.)
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(65 ILCS 5/11-141-11) (from Ch. 24, par. 11-141-11)
Sec. 11-141-11.
Every municipality may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the entire sewerage system or systems of the
municipality. Except insofar as inconsistent with this section, the
provisions of Sections 11-141-1 through 11-141-10 govern all matters
connected with a project under this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-12) (from Ch. 24, par. 11-141-12)
Sec. 11-141-12.
Every municipality also may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the sewerage system constructed or acquired
for that particular locality, or from the revenue to be derived from the
operation of the improvements and extensions of an existing system. Except
insofar as inconsistent with this section, the provisions of Section
11-141-2 govern all matters connected with the bonds issued under this
section.
Bonds issued under this section are payable solely from revenue derived
from the operation of that sewerage system or improvement or extension.
These bonds shall not, in any event, constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation, and it shall be so stated on the face of each bond. The face of
each bond shall also contain a description of the locality for which that
system or improvement or extension is constructed or acquired.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-13) (from Ch. 24, par. 11-141-13)
Sec. 11-141-13.
The corporate authorities of any municipality intending to
avail itself of the provisions of Sections 11-141-12 through 11-141-18
shall adopt a resolution declaring its intention to construct or acquire a
sewerage system for a particular locality within the municipality, or its
intention to make an extension or improvement to an existing sewerage
system for a particular locality, and describing the project to be
constructed and the boundaries of the locality to be served thereby. The
corporate authorities shall also determine the estimated cost of the
project, approve a report of the engineer for the municipality of the
possible rates to be charged to users of the sewerage system or improvement
or extension, and set a date for a public hearing on the question of
whether or not the project should be constructed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-14) (from Ch. 24, par. 11-141-14)
Sec. 11-141-14.
Notice of the public hearing shall be sent by mail to the
persons who paid the general taxes for the last preceding year on each lot,
block, tract, or parcel of land within the boundaries of the locality to be
served by the proposed project and also to each occupant of premises within
the locality. Notice shall also be published at least once, the first
publication being not more than 30 nor less than 15 days before the date
set for the hearing, in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in one or more
newspapers with a general circulation within the municipality. In
municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality. The notice shall state (1) the
time and place of the hearing, (2) the intention of the corporate
authorities to construct or acquire the system or to extend or improve the
existing system, (3) a description of the project to be constructed or
acquired and the boundaries of the locality to be served thereby, (4) the
estimated cost of the project, and (5) the probable rates to be charged the
users of the system or improvement or extension.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-15) (from Ch. 24, par. 11-141-15)
Sec. 11-141-15.
At the time and place fixed in the notice for the public
hearing, the corporate authorities shall meet and hear the representations
of any person desiring to be heard on the subject of the construction or
acquisition of the proposed project, the nature thereof, the cost as
estimated, and the probable rates to be charged. After the hearing has been
had and all persons desiring to appear have been heard, the corporate
authorities shall adopt a new resolution adopting, altering, amending,
changing, or modifying the former resolution or abandoning the project.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
Sec. 11-141-16.
Powers; particular locality.
If after the public hearing
the corporate authorities of
the municipality adopt a resolution to proceed with the construction or
acquisition of the project, the corporate authorities may make and enforce
all needful rules and regulations in connection with the construction,
acquisition, improvement, or extension, and with the management and maintenance
of the project to be constructed or acquired. The corporate authorities also
may establish the rate or charge to each user of the sewerage system or
improvement or extension at a rate which will be sufficient to pay the
principal and interest of any bonds, issued to pay the cost thereof,
maintenance, and operation of the system, improvement, or extension and may
provide an adequate depreciation fund therefor. Charges or rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance. Such charges or rates are
liens upon the real estate upon or for which sewerage service is supplied
whenever the charges or rates become delinquent as provided by the ordinance of
the municipality fixing a delinquency date. A lien is created under the
preceding sentence only if the municipality sends to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number, (i) a copy of each delinquency notice sent to the person who is
delinquent in paying the charges or rates or other notice sufficient to inform
the owner or owners of record, as referenced by the taxpayer's identification
number, that the charges or rates have become delinquent and (ii) a notice that
unpaid charges or rates may create a lien on the real estate under this
Section. However, the municipality has no preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder arising prior to
the filing of the notice of such a lien in the office of the recorder of the
county in which such real estate is located or in the office of the registrar
of titles of such county if the property affected is registered under "An Act
concerning land titles", approved May 1, 1897, as amended. This notice shall
consist of a sworn statement setting out (1) a description of such real estate
sufficient for the identification thereof, (2) the amount of money due for such
sewerage service, and (3) the date when such amount became delinquent, (4) the
owner of record of the premises. The municipality shall send a copy of the
notice of the lien to the owner or owners of record of the real estate, as
referenced by the taxpayer's identification number. The municipality may
foreclose this lien in the same manner and with the same effect as in the
foreclosure of mortgages on real estate.
Except in counties with a population of more than 250,000 where the
majority
of the municipal sewerage
system users are located outside of the municipality's corporate limits, the
payment of delinquent charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage service to
that premises, or both.
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 a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also may, from time to time, sue the occupant or user
of the real estate in a civil action to recover the money due for sewerage
services, plus a reasonable attorney's fee, to be fixed by the court. However,
whenever a judgment is entered in such a civil action, the foregoing provision
in this section with respect to filing sworn statements of such delinquencies
in the office of the recorder and creating a lien against the
real estate shall not be effective as to the charges sued upon and no lien
shall exist thereafter against the real estate for that delinquency. Judgment
in such a civil action operates as a release and waiver of the lien upon
the real estate for the amount of the judgment. The charge provided in this
section to be made against each user of an improvement or extension shall
be in addition to the charge, if any, made of all users of the system under
Section 11-141-7 and shall be kept separate and distinct therefrom.
This amendatory Act of 1975 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 93-500, eff. 6-1-04 .)
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(65 ILCS 5/11-141-17) (from Ch. 24, par. 11-141-17)
Sec. 11-141-17.
If the corporate authorities adopt a resolution to proceed
with the construction or acquisition of the project as provided in Section
11-141-16, they shall adopt an ordinance providing for the issuance of the
bonds. The ordinance shall contain the necessary detail and data provided
for by Section 11-141-3. It shall not be necessary that the ordinance refer
to plans and specifications nor that there be on file for public inspection
prior to the adoption of such ordinance detailed plans and specifications
of the project. Within 10 days after the ordinance has been passed, it
shall be published at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in one or more
newspapers with a general circulation within the municipality. In
municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality. The ordinance shall become
effective 10 days after the publication.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-18) (from Ch. 24, par. 11-141-18)
Sec. 11-141-18.
All revenue derived from the operation of such a sewerage
system, improvement, or extension shall be set aside as collected, and
deposited in a special fund of the municipality. It shall be used only for
the purpose of paying the cost of operating and maintaining the sewerage
system, improvement, or extension, providing an adequate depreciation fund,
and paying the principal and interest on the bonds issued by the
municipality under Sections 11-141-12 through 11-141-18 for the purpose of
constructing or acquiring the system, improvement, or extension.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 142 heading) DIVISION 142.
SEWAGE TREATMENT AND DISPOSAL
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(65 ILCS 5/11-142-1) (from Ch. 24, par. 11-142-1)
Sec. 11-142-1.
Subject to the provisions of Section 11-142-2,
whenever a municipality which is not in a sanitary district has
constructed a sewage treatment or disposal plant or plants, the
municipality may levy an annual tax of not to exceed .075% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property therein for the operation and maintenance of the
plant or plants. The tax shall be in addition to all other taxes
authorized by law to be levied and collected in the municipality and
shall be in addition to taxes levied for general purposes as authorized
by Section 8-3-1.
The foregoing limitation upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-142-2) (from Ch. 24, par. 11-142-2)
Sec. 11-142-2.
Section 11-142-1 shall be in force in any municipality
in which "An Act to provide for a tax for the operation and maintenance
of sewage treatment and disposal plants in municipalities which are not
in any sanitary district," approved May 2, 1932, has been heretofore
adopted and was in force immediately prior to January 1, 1942. Section
11-142-1 shall not be in force in any other municipality until the
question of its adoption is certified by the clerk and submitted to the electors of the
municipality at an election in accordance with the general election law,
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
Shall Section 11-142-1 of the Illinois Municipal Code, providing YES for a tax for the operation and maintenance of sewage treatment
and disposal plants in municipalities which are not in any sanitary NO district, be adopted?
If a majority of the electors of the municipality voting on the
question vote in favor of adopting Section 11-142-1, it shall become
operative in that municipality.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/11-142-3) (from Ch. 24, par. 11-142-3)
Sec. 11-142-3.
In addition to all other taxes now or hereafter
authorized, the corporate authorities of each municipality may levy and
collect, without referendum, a tax for the purpose of paying the
expenses of the chlorination of sewage, or other means of disinfection
or additional treatment as may be required by water quality standards
approved or adopted by the Pollution Control Board or by the court,
which tax may be extended at a rate not to exceed .02% of the value of
all taxable property within the municipality as equalized or assessed by
the Department of Revenue.
(Source: P.A. 81-1509.)
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(65 ILCS 5/Art. 11 Div. 143 heading) DIVISION 143.
CITY SEWERAGE FUND TAX
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(65 ILCS 5/11-143-1) (from Ch. 24, par. 11-143-1)
Sec. 11-143-1.
The corporate authorities of any municipality which now has, or
hereafter may have, established a system of sewerage for the municipality,
annually may levy and collect a tax not to exceed .01666% of the value,
as equalized or assessed by the Department of Revenue,
of the taxable real and personal property in the municipality, for the extension
and laying of sewers in the municipality and for the maintenance of those
sewers. However, the board of public works of the municipality, if any, or the
head of the municipality's sewer department, shall first certify to the
corporate authorities the amount that will be necessary for those purposes. The tax
shall be known as the sewerage fund tax and shall be levied and
collected in the same manner as are the other general taxes of the municipality.
A two-thirds majority of all the corporate authorities may levy and collect
annually, a tax not to exceed .10% of
the value, as equalized or assessed by the Department of Revenue, of the
taxable real and personal property in the
municipality, for the specified purposes. Nothing in this Section increases the
aggregate amount of tax, as limited in Section 8-3-1, that may be levied
in any one year.
(Source: P.A. 81-1550.)
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(65 ILCS 5/11-143-2) (from Ch. 24, par. 11-143-2)
Sec. 11-143-2.
Upon approval by referendum as hereinafter provided,
the city council of any city having a population of less than 100,000
inhabitants which operates a sewage disposal plant may levy and collect
an annual tax of not to exceed .075% of the assessed valuation of the
taxable property in the city for the purpose of operating and
maintaining such sewage disposal plant. However, the board of public
works of the city, if any, or the head of the city's sewer department,
shall first certify to the city council the amount that will be
necessary for such purpose. This tax shall be levied and collected in
like manner as the general taxes for city purposes and shall not be
included within any limitation of rate prescribed by Section 8-3-1 but
shall be excluded therefrom and shall be in addition thereto and in
excess thereof.
This Section shall not be in force in any municipality until the
question of its adoption is certified by the clerk and submitted to
the electors of the
municipality at an election in accordance with the general election law
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
Shall Section 11-143-1 of the Illinois Municipal Code, YES providing for an additional tax for the operation and
maintenance of a sewage NO disposal plant, be adopted?
If a majority of the electors of the municipality voting on the
question vote in favor of adopting this section, it shall become
operative in that municipality.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/Art. 11 Div. 144 heading) DIVISION 144.
TAX TO PAY DEFAULTED SEWERAGE
SYSTEM BONDS
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(65 ILCS 5/11-144-1) (from Ch. 24, par. 11-144-1)
Sec. 11-144-1.
For the purpose of Sections 11-144-2 and 11-144-3, "sewerage
system" means a sewage treatment plant or plants, collecting, intercepting
and outlet sewers, force mains, conduits, lateral sewers and extensions,
pumping stations, ejector stations and all other appurtenances, extensions,
or improvements necessary or useful and convenient for the collection,
treatment, and disposal, in a sanitary manner, of sewage and industrial
wastes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-144-2) (from Ch. 24, par. 11-144-2)
Sec. 11-144-2.
Subject to the provisions of Section 11-144-3, when a
municipality with a population of less than 3,000 has issued revenue bonds
prior to July 22, 1939, for the purpose of constructing or acquiring
sewerage systems, and payment of the principal and interest on these bonds
has been defaulted, the corporate authorities thereof annually may levy and
collect a tax upon the taxable real and personal property in the
municipality not to exceed .5% on the dollar. The proceeds of this tax
shall be used for the payment of the defaulted principal and interest on
the specified bonds. The tax shall be levied and collected in the same
manner as are other general taxes of the municipality.
(Source: P.A. 76-1593.)
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(65 ILCS 5/11-144-3) (from Ch. 24, par. 11-144-3)
Sec. 11-144-3.
The corporate authorities of a municipality specified
in Section 11-144-2, by ordinance, may cause the question of the levy of
the tax to be submitted to the electors at an election in accordance with
the general election law. The question shall be certified by the clerk of
the municipality to the proper election authority.
The question shall be in substantially the following form:
Shall a tax not exceeding .5% be levied each year on all taxable YES property in the .... of .... for the purpose of redeeming defaulted
revenue bonds, and accrued interest thereon, issued for the purpose of NO constructing or acquiring sewerage systems?
The levy is authorized if the majority of votes cast on the
proposition are in favor thereof. The corporate authorities shall then
levy a tax annually, not exceeding the rate authorized by that election,
until the amount necessary to redeem the principal and interest on the
specified bonds is collected.
Any municipality whose electors have approved the levy of an annual
tax under "An Act to authorize cities, villages and incorporated towns
to levy a tax for the redemption of defaulted revenue bonds, and accrued
interest thereon, issued for the purpose of constructing or acquiring
sewerage systems," approved July 22, 1939, shall continue to levy the
tax annually, not exceeding one-half of the rate authorized at the
election, until the amount necessary to redeem the principal of and
interest on the specified bonds is collected.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/Art. 11 Div. 145 heading) DIVISION 145.
COLLECTION OF SEWER REVENUES BY OPERATOR
OF WATERWORKS SYSTEM
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(65 ILCS 5/11-145-1) (from Ch. 24, par. 11-145-1)
Sec. 11-145-1.
Any municipality which issues revenue bonds for the
construction, acquisition, improvement, extension or operation of a
sewerage system under the provisions of this Code and establishes rates,
charges or rents for the use of such sewerage system based upon the
volume of water delivered through a waterworks system not owned by such
municipality, may enter into a contract with the owner or operator of
such waterworks system to act as collector of such rates, rents or
charges for the use of such sewerage system and to pay over such
revenues to such municipality as provided by this section. Such contract
may authorize and require such owner or operator of the waterworks
system, as agent for the municipality, to do all things relating to the
collection of such rates, rents or charges as the municipality could do
if it were making such collections directly and may allow such
compensation to such collector for acting as such, not to exceed 6% of
the total amount collected, as may be agreed upon by the contracting
parties, such compensation to be deducted from such collections and the
balance to be paid over to such municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 146 heading) DIVISION 146.
CONTRACT FOR COLLECTING AND
DISPOSING OF SEWAGE ORIGINATING
OUTSIDE MUNICIPALITY
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(65 ILCS 5/11-146-1) (from Ch. 24, par. 11-146-1)
Sec. 11-146-1.
The corporate authorities of each municipality may contract
with the State of Illinois, any municipality, or any person for the
collection and disposal of sewage originating outside of municipalities.
The corporate authorities of a municipality may provide by ordinance for
the extension and maintenance of municipal sewers in specified areas
outside the corporate limits.
(Source: P.A. 76-1516.)
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(65 ILCS 5/Art. 11 Div. 147 heading) DIVISION 147.
SEWAGE DISPOSAL CONTRACTS BETWEEN CERTAIN MUNICIPAL
CORPORATIONS
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(65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
Sec. 11-147-1. Whenever a municipality, drainage district, sanitary
district, or other municipal corporation is adjacent to any other
municipality, drainage district, sanitary district, or other municipal
corporation the adjacent municipal corporations have the power to contract
with each other, upon such terms as may be agreed upon between them, for
the perpetual or temporary use and benefit by one of them of any sewer or
drain, or of any system of sewerage or drainage or part thereof, or of any
sewage disposal or sewage treatment plants and works, heretofore or
hereafter constructed by the other. Any such sewer or drain, or system of
sewerage or drainage or part thereof, or sewage disposal or sewage
treatment plants and work, heretofore or hereafter constructed by one such
municipal corporation may be extended or furnished to the inhabitants of
the other. Such municipal corporations may by contract with each other
provide for the joint construction of any sewer or drain or sewage disposal
or sewage treatment plants and works by the municipal corporations so
contracting, and for the common use thereof by the inhabitants of the
contracting municipal corporations. In addition, whenever a sanitary district has acquired an easement granting the sanitary district the right to construct or operate a sanitary sewer system or part of a sanitary sewer system over property that connects the sanitary district to a municipality, the municipality and the sanitary district may enter into a contract for the use of the sanitary sewer system regardless of whether the sanitary district is adjacent to the municipality.
(Source: P.A. 94-1106, eff. 2-9-07.)
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(65 ILCS 5/11-147-2) (from Ch. 24, par. 11-147-2)
Sec. 11-147-2.
Any contract specified in Section 11-147-1 may be made by
the authority of an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation proposing the contract, and shall
be assented to by an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation assenting to the contract. When
made and assented to by the proper legislative authorities of the municipal
corporations who are parties thereto, the contract shall be in all respects
valid and binding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-147-3) (from Ch. 24, par. 11-147-3)
Sec. 11-147-3.
Every municipality lying within or partly within the
corporate limits of, or adjacent to, any sanitary district which was
organized under "An Act to create sanitary districts in certain localities,
to drain and protect the same from overflow for sanitary purposes and to
provide for sewage disposal," approved May 17, 1907, as heretofore and
hereafter amended, and which is authorized to collect, carry-off, dispose
of, and treat sewage and industrial wastes, may enter into a contract with
this sanitary district upon such reasonable terms as may be agreed upon,
for the use of the drains, conduits, treatment plants, pumping plants, and
works maintained by the sanitary district for the carrying-off, disposal,
and treatment of sewage and industrial wastes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-147-4) (from Ch. 24, par. 11-147-4)
Sec. 11-147-4.
Any municipality lying wholly or partly within the
boundaries of any county which accepts the provisions of "An Act in
relation to water supply, drainage, sewage, pollution and flood control in
certain counties," approved July 22, 1959, as heretofore or hereafter
amended, may contract with such county for water supply or sewerage
service to or for the benefit of the inhabitants of the municipality. Any
such contract may provide for the periodic payment to the county of a share
of the amounts necessary to pay or provide for the expenses of operation
and maintenance of the waterworks or sewerage system of the combined
waterworks and sewerage system (including insurance) of the county, to pay
the principal of and interest on any revenue bonds issued by the county
hereunder, and to provide an adequate depreciation fund and to maintain
other reserves and sinking funds for the payment of the bonds or the
extension or improvement of the waterworks properties or sewage facilities
of the county or a combination thereof, as the case may be.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the municipality, or for a term not in excess of 40 years, if
the obligation under the contract is payable solely from the revenues
derived by the municipality from its water supply or sewerage system.
If the contract is payable solely from the revenues derived by the
municipality from its water supply or sewerage system, the amounts due
under the contract shall be deemed an expense of operating and maintaining
the water supply or sewerage system of the municipality.
(Source: Laws 1961, p. 2429.)
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(65 ILCS 5/Art. 11 Div. 148 heading) DIVISION 148.
JOINT CONSTRUCTION OF SEWAGE
PLANT WITH OUT-OF-STATE MUNICIPALITY
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(65 ILCS 5/11-148-1) (from Ch. 24, par. 11-148-1)
Sec. 11-148-1.
Whenever the territory of any municipality of this state is
adjacent to the territory of another state, the municipality may jointly
construct a sewage disposal plant, together with all necessary and proper
pipes, conduits, and appurtenances within its own corporate limits, and may
own, operate, and maintain the plant jointly with any municipality in the
adjacent state, for their joint use, on terms and conditions to be agreed
upon by the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-2) (from Ch. 24, par. 11-148-2)
Sec. 11-148-2.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant in an Illinois municipality adjacent to
the boundary of the State of Illinois, the municipality in the adjacent
state may construct a sewage disposal plant, together with all necessary
and proper pipes, conduits, and appurtenances, within the corporate limits
of the Illinois municipality, and may hold, own, maintain, and operate the
plant as its sole and separate property, subject to the approval of the
corporate authorities of the Illinois municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-3) (from Ch. 24, par. 11-148-3)
Sec. 11-148-3.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant within or near the corporate limits of an
adjoining municipality, located in the State of Illinois, the municipality
in the adjacent state may construct the sewage disposal plant within or
near the corporate limits of the Illinois municipality, together with all
necessary pipes, conduits, and appurtenances thereto, and may own, operate,
and maintain the plant and also may permit use thereof by the Illinois
municipality upon terms and conditions to be agreed upon by contract
between the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-4) (from Ch. 24, par. 11-148-4)
Sec. 11-148-4.
Whenever a municipality located in the State of Illinois
owns and operates a sewage disposal plant within or near its corporate
limits, and is adjacent to a municipality in another state, the Illinois
municipality has the power to permit use of its sewage disposal plant and
appurtenances by the adjacent municipality located in the other state, on
terms to be agreed upon by a contract between the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-5) (from Ch. 24, par. 11-148-5)
Sec. 11-148-5.
The interest, ownership, or equity which any municipality of
another state has in any sewage disposal plant and necessary connecting and
outlet sewers and appurtenances in the State of Illinois, constructed by
virtue of Section 11-148-1 through 11-148-4 is not subject to taxation in
the State of Illinois.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-6) (from Ch. 24, par. 11-148-6)
Sec. 11-148-6.
Whenever a municipality of another state constructs or
leases a sewage disposal plant in the State of Illinois, pursuant to the
provisions of Sections 11-148-1 through 11-148-4, the municipality may
condemn and take property within the State of Illinois necessary for that
disposal plant and for connecting and outlet sewers and appurtenances, in
the same manner as might any municipality within this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-7) (from Ch. 24, par. 11-148-7)
Sec. 11-148-7.
The purpose of Sections 11-148-1 through 11-148-6 is the
elimination or lessening of pollution of streams within the State of
Illinois, and is particularly for the benefit of adjacent municipalities
whose territory is located partially in the State of Illinois and partially
in an adjacent state, and whose sewage disposal can be most efficiently and
economically handled by a joint plant for the 2 municipalities. The
sections specified shall be liberally construed to give effect to these
purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 149 heading) DIVISION 149.
EXTENSION OF MUNICIPAL WATER
AND SEWER SERVICE OUTSIDE CORPORATE
LIMITS
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(65 ILCS 5/11-149-1) (from Ch. 24, par. 11-149-1)
Sec. 11-149-1. The corporate authorities of a municipality may provide by
ordinance for the extension and maintenance of municipal sewers and water
mains, or both, in specified areas outside the corporate limits. Such
service shall not be extended, however, unless a majority of the owners of
record of the real property in the specified area petition the corporate
authorities for the service. In a non-home rule municipality, if such service has been provided to another unit of local government, the municipality cannot thereafter require the annexation of the property owned by the unit of local government to the municipality as a prerequisite to the continuation and maintenance of such service.
(Source: P.A. 94-544, eff. 8-10-05.)
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(65 ILCS 5/11-149-2) (from Ch. 24, par. 11-149-2)
Sec. 11-149-2.
The extension of such service may be financed by the
issuance of bonds payable solely from the revenue obtained from the
furnishing of such service. The bonds shall be issued and shall be subject
to the provisions, as near as may be, of Division 139 of this article. The
corporate authorities may make rules and regulations and may establish
charges for such service in areas outside the corporate limits in the
manner provided in Section 11-139-8, as near as may be.
(Source: Laws 1963, p. 2727.)
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(65 ILCS 5/Art. 11 Div. 150 heading) DIVISION 150.
WATERWORKS AND SEWERAGE
CONNECTION CHARGE
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(65 ILCS 5/11-150-1) (from Ch. 24, par. 11-150-1)
Sec. 11-150-1.
The corporate authorities of any municipality operating a
waterworks, sewerage or combined waterworks and sewerage system have the
power by ordinance to collect a fair and reasonable charge for connection
to any such system in addition to those charges covered by normal taxes,
for the construction, expansion and extension of the works of the system,
the charge to be assessed against new or additional users of the system and
to be known as a connection charge, except that no connection or water
usage charge shall exceed the actual cost required for the installation or
usage of an automatic sprinkler system. The funds thus collected shall be used
by the municipality for its general corporate purposes with primary
application thereof being made by the necessary expansion of the works of
the system to meet the requirements of the new users thereof.
(Source: P.A. 85-784.)
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(65 ILCS 5/11-150-2) Sec. 11-150-2. Billing for services. (a) On or after the effective date of this amendatory Act of the 100th General Assembly, the corporate authorities of any municipality operating a waterworks or combined waterworks and sewerage system: (1) shall bill for any utility service, including | ||
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(2) shall not intentionally delay billing beyond the | ||
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(3) shall label any amount attributed to previously | ||
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(4) shall issue the makeup billing amount calculated | ||
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(5) shall provide the customer with the option of a | ||
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(b) The time limit of paragraph (1) of subsection (a) shall not apply to previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter.
(Source: P.A. 100-178, eff. 8-18-17.) |
(65 ILCS 5/Art. 11 Div. 150.1 heading) DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE
(Source: P.A. 99-922, eff. 1-17-17.) |
(65 ILCS 5/11-150.1-1) Sec. 11-150.1-1. Lead hazard cost recovery fee. The corporate authorities of any municipality that operates a waterworks system and that incurs reasonable costs to comply with Section 35.5 of the Illinois Plumbing License Law shall have the authority, by ordinance, to collect a fair and reasonable fee from users of the system in order to recover those reasonable costs. Fees collected pursuant to this Section shall be used exclusively for the purpose of complying with Section 35.5 of the Illinois Plumbing License Law.
(Source: P.A. 99-922, eff. 1-17-17.) |
(65 ILCS 5/Art. 11 Div. 151 heading) DIVISION 151.
MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT
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(65 ILCS 5/11-151-1) (from Ch. 24, par. 11-151-1)
Sec. 11-151-1.
As used in this Article, "public water district" or "district" means a
public water district organized under "An Act in relation to public water
districts", approved July 25, 1945, as amended.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
Sec. 11-151-2. This Article does not apply to any public water district whose territory
is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2-3-5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits
a municipality from continuing to operate utility facilities which it owns
and operates, at the time territory is annexed to the municipality, in that
territory even though it is part of a public water district.
(Source: P.A. 93-1058, eff. 12-2-04.)
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(65 ILCS 5/11-151-3) (from Ch. 24, par. 11-151-3)
Sec. 11-151-3.
Except as otherwise provided in this Article, no municipality may
furnish water or sanitary sewer service to any territory situated within a
public water district and more than one mile from the corporate limits of
the municipality without the district's consent. Nothing in this Section
affects the performance by the municipality of any other function in which
the district is not engaged.
A municipality that operates a public water supply and furnishes water
service has the exclusive right, as against a public water district, to
serve residents in the territory within one mile or less of the corporate
limits of the municipality but may consent to the district's providing
service to such residents.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-4) (from Ch. 24, par. 11-151-4)
Sec. 11-151-4.
If a municipality annexes all of the territory of a public water
district, the municipality shall take over all the properties and assets of
the district, assume all debts, liabilities and obligations of the district
and perform all functions and services of the district. The district shall
be abolished and the rights and duties imposed on the municipality of this
Section shall commence 90 days after the effective date of the annexation
or at such earlier date as the corporate authorities of the municipality,
by ordinance, provide.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-5) (from Ch. 24, par. 11-151-5)
Sec. 11-151-5.
If a municipality annexes part, but not all of the territory
of a public
water district, sanitary sewer district, or both, the corporate authorities
of the municipality and of the
district may enter contracts providing for the division and allocation of
duplicate and overlapping powers, functions and duties between the 2
entities and for the use, management, control, purchase, conveyance,
assumption and disposition of the properties, assets, debts, liabilities
and obligations of the district. The corporate authorities of a district
and such a municipality may also enter agreements providing for the
operation by the municipality of the district's utility systems and other
properties or for the transfer, conveyance or sale of those systems and
properties to the municipality. "Systems and properties" includes those of
every kind and character and whether situated within or outside the
municipality. An operating contract made under this Section may not extend
for a period longer than 30 years and must be subject to amendment, renewal
or termination by mutual consent of the contracting parties. No contract
under this Section may contain any provision impairing the obligation of
any existing contract of such a municipality or district.
(Source: P.A. 90-190, eff. 7-24-97.)
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(65 ILCS 5/Art. 11 Div. 152 heading) DIVISION 152.
MUNICIPAL INSURANCE AVAILABILITY PROGRAM
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(65 ILCS 5/11-152-1) (from Ch. 24, par. 11-152-1)
Sec. 11-152-1.
(a) The corporate authorities of any municipality over
1,000,000 in population
may establish a
municipal insurance availability program to make available to the residents
of such municipality, who are
otherwise unable to obtain such insurance at affordable rates,
insurance against damage or loss, including the costs of diagnosis
or repair, where the proximate cause of such damage or loss is attributable
to the breakage or stoppage of a water or sewage drainage system or pipes, apparatus
and conduits utilized in connection therewith.
(b) The corporate authorities shall establish uniform eligibility
requirements for participation in the program.
(c) The corporate authorities shall appoint a program administrator to
operate the program.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-2) (from Ch. 24, par. 11-152-2)
Sec. 11-152-2.
(a) The municipal insurance availability program shall
offer to each eligible resident
coverage in the amount and type determined to be sufficient by the program administrator.
(b) Premiums charged for coverage issued under the program shall be
reasonable in relation to the coverage
provided.
(c) The program administrator shall establish a premium billing
procedure for collection of premiums from insureds on a periodic basis.
(d) The program administrator shall perform all necessary functions to
assure timely payment of claims under the program.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-3) (from Ch. 24, par. 11-152-3)
Sec. 11-152-3.
Revenues received under the municipal insurance
availability program shall be used to
pay the costs of the program and to maintain and service the municipality's
water and sewage drainage system.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-4) (from Ch. 24, par. 11-152-4)
Sec. 11-152-4.
Municipal insurance availability programs organized
under this Division 152 of Article 11 of the Illinois Municipal Code shall
be subject to all applicable provisions of the Illinois Insurance Code.
(Source: P.A. 84-1431.)
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