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91_HB3852ham002
LRB9112662REdvam01
1 AMENDMENT TO HOUSE BILL 3852
2 AMENDMENT NO. . Amend House Bill 3852, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-141-7 as follows:
7 (65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
8 Sec. 11-141-7. The corporate authorities of any
9 municipality that owns and operates or that may hereafter own
10 and operate a sewerage system constructed or acquired under
11 the provisions of any law of this state may make, enact, and
12 enforce all needful rules, regulations, and ordinances for
13 the improvement, care, and protection of its sewerage system
14 and any other sewer or sewerage system, located outside the
15 corporate boundary of the municipality and not owned by it,
16 that directly or indirectly connects with the municipality's
17 sewerage system, which may be conducive to the preservation
18 of the public health, comfort, and convenience, and may
19 render the sewage carried in the sewerage system of the
20 municipality harmless in so far as it is reasonably possible
21 to do so.
22 The corporate authorities of such a municipality may, by
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1 ordinance, charge the inhabitants thereof for the use and
2 service of its sewerage system whether by direct or indirect
3 connection therewith within or without the corporate
4 boundary, and to establish charges or rates for that purpose.
5 The corporate authorities of such a municipality may by
6 ordinance charge the users thereof, whether they be inside of
7 or outside of the municipality, for the use and service of
8 its sewerage system whether by direct or indirect connection
9 therewith, within or without the corporate boundary, and may
10 establish charges or rates for that purpose, provided however
11 that where such users are residents of another municipality
12 with whom there is a contract for use and service of the
13 sewerage system, then such charges or rates shall be made in
14 accordance with the terms of the contract, either directly to
15 the users or to the contracting municipality as may be
16 provided by the provisions of the contract. In making such
17 rates and charges the municipality may provide for a rate to
18 the outside users in excess of the rate fixed for the
19 inhabitants of said municipality as may be reasonable. Where
20 bonds are issued as provided in Sections 11-141-2 and
21 11-141-3, the corporate authorities shall establish rates or
22 charges as provided in this section, and these charges or
23 rates shall be sufficient at all times to pay the cost of
24 operation and maintenance, to provide an adequate
25 depreciation fund, and to pay the principal of and interest
26 upon all revenue bonds issued under Sections 11-141-2 and
27 11-141-3.
28 A depreciation fund is a fund for such replacements as
29 may be necessary from time to time for the continued
30 effective and efficient operation of the system. The
31 depreciation fund shall not be allowed to accumulate beyond a
32 reasonable amount necessary for that purpose, and shall not
33 be used for extensions to the system.
34 Charges or rates shall be established, revised, and
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1 maintained by ordinance and become payable as the corporate
2 authorities may determine by ordinance.
3 Such charges or rates are liens upon the real estate upon
4 or for which sewerage service is supplied whenever the
5 charges or rates become delinquent as provided by the
6 ordinance of the municipality fixing a delinquency date. A
7 lien is created under the preceding sentence only if the
8 municipality sends to the owner or owners of record, as
9 referenced by the taxpayer's identification number, of the
10 real estate (i) a copy of each delinquency notice sent to the
11 person who is delinquent in paying the charges or rates or
12 other notice sufficient to inform the owner or owners of
13 record, as referenced by the taxpayer's identification
14 number, that the charges or rates have become delinquent and
15 (ii) a notice that unpaid charges or rates may create a lien
16 on the real estate under this Section. However, the
17 municipality has no preference over the rights of any
18 purchaser, mortgagee, judgment creditor, or other lien holder
19 arising prior to the filing of the notice of such a lien in
20 the office of the recorder of the county in which such real
21 estate is located, or in the office of the registrar of
22 titles of such county if the property affected is registered
23 under "An Act concerning land titles", approved May 1, 1897,
24 as amended. This notice shall consist of a sworn statement
25 setting out (1) a description of such real estate sufficient
26 for the identification thereof, (2) the amount of money due
27 for such sewerage service, and (3) the date when such amount
28 became delinquent. The municipality shall send a copy of the
29 notice of the lien to the owner or owners of record of the
30 real estate, as referenced by the taxpayer's identification
31 number. The municipality has the power to foreclose this
32 lien in the same manner and with the same effect as in the
33 foreclosure of mortgages on real estate. In addition, liens
34 may be certified annually to the proper tax assessing office,
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1 which shall enter the delinquent charges upon the next tax
2 roll against the premises to which the services were
3 rendered. Moneys collected on account of liens shall be
4 promptly remitted to the municipality.
5 The municipality also has the power, from time to time,
6 to sue the occupant or user of that real estate in a civil
7 action to recover money due for sewerage services, plus a
8 reasonable attorney's fee, to be fixed by the court. However,
9 whenever a judgment is entered in such a civil action, the
10 foregoing provisions in this section with respect to filing
11 sworn statements of such delinquencies in the office of the
12 recorder and creating a lien against the real estate shall
13 not be effective as to the charges sued upon and no lien
14 shall exist thereafter against the real estate for the
15 delinquency. Judgment in such a civil action operates as a
16 release and waiver of the lien upon the real estate for the
17 amount of the judgment.
18 (Source: P.A. 87-1197.)
19 Section 10. The Sanitary District Revenue Bond Act is
20 amended by changing Sections 7, 11a, and 17 as follows:
21 (70 ILCS 3010/7) (from Ch. 42, par. 319.7)
22 Sec. 7. The board of trustees of any sanitary district
23 that owns and operates or that may hereafter own and operate
24 a sewerage system constructed or acquired under the
25 provisions of any law of this State has the power to make,
26 enact, and enforce all needful rules and regulations in the
27 construction, acquisition, improvement, extension,
28 management, and maintenance of its sewerage system and for
29 the use thereof. The board of trustees of such a sanitary
30 district also has the power to make, enact, and enforce all
31 needful rules, regulations, and ordinances for the
32 improvement, care, and protection of its sewerage system,
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1 which may be conducive to the preservation of the public
2 health, comfort, and convenience, and to render the sewage of
3 the sanitary district harmless in so far as it is reasonably
4 possible to do so.
5 The board of trustees of such a sanitary district has the
6 power, by ordinance, to charge the inhabitants thereof for
7 the use and service of its sewerage system and to establish
8 charges or rates for that purpose. Where bonds are issued as
9 provided in sections 2 and 3 of this Act, the board of
10 trustees shall establish rates or charges as provided in this
11 section, and these charges or rates shall be sufficient at
12 all times to pay the cost of operation and maintenance, to
13 provide an adequate depreciation fund, and to pay the
14 principal of and interest upon all revenue bonds issued under
15 sections 2 and 3 hereof.
16 A depreciation fund is a fund for such replacements as
17 may be necessary from time to time for the continued
18 effective and efficient operation of the system. The
19 depreciation fund shall not be allowed to accumulate beyond a
20 reasonable amount necessary for that purpose, and shall not
21 be used for extensions to the system.
22 Charges or rates shall be established, revised, and
23 maintained by ordinance and become payable as the board of
24 trustees may determine by ordinance. Such charges or rates
25 shall be liens upon the real estate upon or for which
26 sewerage service is supplied; provided, however, such liens
27 shall not attach to such real estate until such charges or
28 rates have become delinquent as provided by the ordinance of
29 the sanitary district fixing a delinquency date. A lien is
30 created under the preceding sentence only if the sanitary
31 district sends to the owner or owners of record of the real
32 estate, as referenced by the taxpayer's identification
33 number, (i) a copy of each delinquency notice sent to the
34 person who is delinquent in paying the charges or rates or
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1 other notice sufficient to inform the owner or owners of
2 record, as referenced by the taxpayer's identification
3 number, that the charges or rates have become delinquent and
4 (ii) a notice that unpaid charges or rates may create a lien
5 on the real estate under this Section. Nothing in this
6 Section shall be construed to give the sanitary district a
7 preference over the rights of any purchaser, mortgagee,
8 judgment creditor or other lien holder arising prior to the
9 filing in the office of the recorder of the county in which
10 such real estate is located, or in the office of the
11 registrar of titles of such county if the property affected
12 is registered under the Torrens System, of notice of said
13 lien. The notice shall consist of a sworn statement setting
14 out (1) a description of the real estate sufficient for the
15 identification thereof, upon or for which the sewerage
16 service was supplied, (2) the amount or amounts of money due
17 for such sewerage service, and (3) the date or dates when
18 such amount or amounts became delinquent. The sanitary
19 district shall send a copy of the notice of the lien to the
20 owner or owners of record of the real estate, as referenced
21 by the taxpayer's identification number. The sanitary
22 district shall have the power to foreclose such lien in like
23 manner and with like effect as in the foreclosure of
24 mortgages on real estate. In addition, liens may be certified
25 annually to the proper tax assessing office, which shall
26 enter the delinquent charges upon the next tax roll against
27 the premises to which the services were rendered. Moneys
28 collected on account of liens shall be promptly remitted to
29 the sanitary district.
30 The sanitary district also has the power, from time to
31 time, to sue the owner, occupant or user of that real estate,
32 or a person receiving any direct or indirect benefit from
33 such services, in a civil action to recover money due for
34 sewerage services, plus a reasonable attorney's fee, to be
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1 fixed by the court; provided, however, that the sanitary
2 district shall give notice of its intention to bring such
3 action to the owner of record by regular mail not less than 7
4 days prior to filing such civil action.
5 Judgment in a civil action brought by the sanitary
6 district to recover or collect such charges shall not operate
7 as a release or waiver of the lien upon the real estate for
8 the amount of the judgment. Only satisfaction of the
9 judgment or the filing of a release and satisfaction of lien
10 shall release said lien. The lien for charges on account of
11 services or benefits provided for in this Section and the
12 rights created hereunder shall be in addition to and not in
13 derogation of the lien upon real estate created by and
14 imposed for general real estate taxes.
15 (Source: P.A. 87-1197.)
16 (70 ILCS 3010/11a) (from Ch. 42, par. 319.11a)
17 Sec. 11a. The board of trustees of any sanitary district
18 shall have full power at any time to contract with the
19 corporate authorities of the municipality or municipalities
20 situated either wholly or partly within that sanitary
21 district for the treatment and disposal of the sewage of that
22 municipality or municipalities, and for the use of the
23 drains, conduits, treatment plants, pumping plants, and works
24 maintained by that sanitary district for the carrying off,
25 disposal, and treatment of sewage and industrial wastes, in
26 lieu of charging the inhabitants of that municipality or
27 municipalities. The corporate authorities so contracting
28 shall adopt an ordinance imposing rules and regulations with
29 respect to the use of sewers within that municipality and
30 provide for a charge to the inhabitants thereof for the use
31 thereof and for the payment of the charge to be paid to the
32 sanitary district under that contract. Such contracts shall
33 be irrevocable as long as any revenue bonds of the sanitary
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1 district are outstanding, but the charge to be paid to the
2 sanitary district shall be payable only from the revenue
3 derived by the municipalities from the charges made to the
4 inhabitants thereof.
5 The charges and rates fixed by the corporate authorities
6 shall be sufficient at all times to pay the charge to be paid
7 to the sanitary districts. Such charges or rates shall be
8 liens upon the real estate upon or for which sewerage service
9 is supplied; provided, however, such liens shall not attach
10 to such real estate until such charges or rates have become
11 delinquent as provided by the ordinance of the municipality
12 fixing a delinquency date. A lien is created under the
13 preceding sentence only if the sanitary district sends to the
14 owner or owners of record of the real estate, as referenced
15 by the taxpayer's identification number, (i) a copy of each
16 delinquency notice sent to the person who is delinquent in
17 paying the charges or rates or other notice sufficient to
18 inform the owner or owners of record, as referenced by the
19 taxpayer's identification number, that the charges or rates
20 have become delinquent and (ii) a notice that unpaid charges
21 or rates may create a lien on the real estate under this
22 Section. Nothing in this Section shall be construed to give
23 the municipality a preference over the rights of any
24 purchaser, mortgagee, judgment creditor or other lien holder
25 arising prior to the filing in the office of the recorder of
26 the county in which such real estate is located, or in the
27 office of the registrar of titles of such county if the
28 property affected is registered under "An Act concerning land
29 titles", approved May 1, 1897, as amended, of notice of the
30 lien. The notice shall consist of a sworn statement setting
31 out (1) a description of the real estate, sufficient for the
32 identification thereof, upon or for which the sewerage
33 service was supplied, (2) the amount or amounts of money due
34 for such sewerage service, and (3) the date or dates when
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1 such amount or amounts became delinquent. The sanitary
2 district shall send a copy of the notice of the lien to the
3 owner or owners of record of the real estate, as referenced
4 by the taxpayer's identification number. The municipality
5 shall have the power to foreclose such lien in like manner
6 and with like effect as in the foreclosure of mortgages on
7 real estate. In addition, liens may be certified annually to
8 the proper tax assessing office, which shall enter the
9 delinquent charges upon the next tax roll against the
10 premises to which the services were rendered. Moneys
11 collected on account of liens shall be promptly remitted to
12 the sanitary district.
13 The municipality also has the power, from time to time,
14 to sue the occupant or user of the real estate in a civil
15 action to recover the money due for sewerage services, plus a
16 reasonable attorney's fee, to be fixed by the court.
17 However, when a judgment is obtained in such a civil action,
18 the foregoing provisions in this section with respect to
19 filing sworn statements of such delinquencies in the office
20 of the recorder and creating a lien against the real estate
21 shall not be effective as to charges sued upon and no lien
22 shall exist thereafter against the real estate for that
23 delinquency. Judgment in such a civil action operates as a
24 release and waiver of the lien upon the real estate for the
25 amount of the judgment.
26 Such contract may contain appropriate provisions to
27 authorize the sanitary district to proceed, in the name of
28 the municipality, in the collection of such charges and rates
29 as are provided in this section, in the event that the
30 municipality fails to pay when due the charge to be paid to
31 the sanitary district. Any sanitary district, by a civil
32 action, may compel the officials of the municipality to
33 perform all duties imposed upon them by this section,
34 including the making and collection of sufficient charges and
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1 rates for that purpose and the application of the revenue
2 therefrom.
3 (Source: P.A. 87-1197.)
4 (70 ILCS 3010/17) (from Ch. 42, par. 319.17)
5 Sec. 17. If after the public hearing the board of
6 trustees of the sanitary district adopts a resolution to
7 proceed with the construction or acquisition of the project,
8 the board of trustees has the power to make and enforce all
9 needful rules and regulations in connection with the
10 construction, acquisition, improvement, or extension, and
11 with the management and maintenance of the project to be
12 constructed or acquired. The board of trustees also has the
13 power to establish the rate or charge to each user of the
14 sewerage system or improvement or extension at a rate which
15 will be sufficient to pay the principal and interest of any
16 bonds, issued to pay the cost thereof, maintenance, and
17 operation of the system, improvement, or extension and to
18 provide an adequate depreciation fund therefor. Charges or
19 rates shall be established, revised, and maintained by
20 ordinance and become payable as the board of trustees may
21 determine by ordinance. Such charges or rates shall be liens
22 upon the real estate upon or for which sewerage service is
23 supplied; provided, however, such liens shall not attach to
24 such real estate until such charges or rates have become
25 delinquent as provided by the ordinance of the sanitary
26 district fixing a delinquency date. A lien is created under
27 the preceding sentence only if the sanitary district sends to
28 the owner or owners of record of the real estate, as
29 referenced by the taxpayer's identification number, (i) a
30 copy of each delinquency notice sent to the person who is
31 delinquent in paying the charges or rates or other notice
32 sufficient to inform the owner or owners of record, as
33 referenced by the taxpayer's identification number, that the
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1 charges or rates have become delinquent and (ii) a notice
2 that unpaid charges or rates may create a lien on the real
3 estate under this Section. Nothing in this Section shall be
4 construed to give the sanitary district a preference over the
5 rights of any purchaser, mortgagee, judgment creditor or
6 other lien holder arising prior to the filing in the office
7 of the recorder of the county in which such real estate is
8 located, or in the office of the registrar of titles of such
9 county if the property affected is registered under the
10 Torrens System, of notice of said lien. The notice shall
11 consist of a sworn statement setting out (1) a description of
12 the real estate sufficient for the identification thereof,
13 upon or for which the sewerage service was supplied, (2) the
14 amount or amounts of money due for such sewerage service, and
15 (3) the date or dates when such amount or amounts became
16 delinquent, (4) the owner of record of the premises. The
17 sanitary district shall send a copy of the notice of the lien
18 to the owner or owners of record of the real estate, as
19 referenced by the taxpayer's identification number. The
20 sanitary district shall have the power to foreclose such lien
21 in like manner and with like effect as in the foreclosure of
22 mortgages on real estate. In addition, liens may be certified
23 annually to the proper tax assessing office, which shall
24 enter the delinquent charges upon the next tax roll against
25 the premises to which the services were rendered. Moneys
26 collected on account of liens shall be promptly remitted to
27 the sanitary district.
28 The sanitary district also has the power, from time to
29 time, to sue the occupant or user of the real estate in a
30 civil action to recover the money due for sewerage services,
31 plus a reasonable attorney's fee, to be fixed by the court.
32 However, whenever a judgment is obtained in such a civil
33 action, the foregoing provision in this section with respect
34 to filing sworn statements of such delinquencies in the
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1 office of the recorder of deeds and creating a lien against
2 the real estate shall not be effective as to the charges sued
3 upon and no lien shall exist thereafter against the real
4 estate for that delinquency. Judgment in such a civil action
5 operates as a release and waiver of the lien upon the real
6 estate for the amount of the judgment. The charge provided
7 in this section to be made against each user of an
8 improvement or extension shall be in addition to the charge,
9 if any, made of all users of the system under Section 7
10 hereof, and shall be kept separate and distinct therefrom.
11 (Source: P.A. 87-1197.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".