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Public Act 100-0528


 

Public Act 0528 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0528
 
SB0060 EnrolledLRB100 06032 AWJ 16063 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing
Sections 205-140 and 205-145 and by adding Section 205-141 as
follows:
 
    (60 ILCS 1/205-140)
    Sec. 205-140. Initiating proceedings for particular
locality; rates and charges; lien.
    (a) This Section applies to townships to which Section
205-141 does not apply.
    (a-1) (a) A township board may initiate proceedings under
Sections 205-130 through 205-150 in the manner provided by
Section 205-20.
    (b) The township board may establish the rate or charge to
each user of the waterworks system or sewerage system, or
combined waterworks and sewerage system, or improvement or
extension at a rate that will be sufficient to pay the
principal and interest of any bonds issued to pay the cost of
the system, improvement, or extension and the maintenance and
operation of the system, improvement, or extension and may
provide an adequate depreciation fund for the bonds. Charges or
rates shall be established, revised, and maintained by
ordinance and become payable as the township board determines
by ordinance.
    (c) The 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 board fixing a delinquency date.
    (d) Notwithstanding any provision of law to the contrary,
the township shall conduct a cost study regarding the
connection charge of the township:
        (1) before the township increases or creates a
    connection charge;
        (2) upon the request of the supervisor or a majority of
    the township board of the township;
        (3) upon the request of a majority of the mayors or
    village presidents of the municipalities located within or
    substantially within the township or township's facility
    planning area; or
        (4) upon the filing with the township board of a
    petition signed by 10% or more of the customers who have
    paid connection charges to the township in the previous 5
    calendar years.
    The cost study shall be conducted by an independent entity
within 6 months of action taken under paragraphs (1), (2), (3),
or (4) of this subsection (d). For purposes of subsections (d)
and (e), the term "independent entity" shall mean an
engineering firm that has not entered into a contract with any
State agency, unit of local government, or non-governmental
entity for goods or services within the township or township
service area in the 24 months prior to being contracted to
perform the cost study. After performing a cost study under
this subsection (d), an independent entity may not contract
with any State agency, unit of local government, or
non-governmental entity for goods or services within the
township or township service area in the 24 months after
completion of the cost study other than to perform further cost
studies under this subsection (d). A township shall not be
required to conduct more than one cost study in a 60 month
period under paragraphs (3) or (4) of this subsection (d). The
cost study must include, at a minimum, an examination of
similar water main and sewer connection charges in neighboring
units of local government or units of local government similar
in size or population. Following the completion of the cost
study, no increase or new connection charge may be imposed
unless the increase or new charge is justified by the cost
study. If the connection charge the township charged prior to
completion of the cost study is higher than is justified by the
cost study, the township shall reduce its connection charge to
the amount justified by the cost study. For purposes of this
subsection (d), "connection charge" means any charge or fee, by
whatever name, assessed to recover the cost of connecting the
customer's water main, sewer, or water main and sewer service
line to the township's facilities, and includes only the direct
and indirect costs of physically tying the service line into
the township's main.
    (e) If a cost study has been conducted pursuant to
subsection (d) of this Section and a new cost study is
requested under paragraph (3) or (4) of subsection (d), the
township shall obtain a written quote from an independent
entity detailing the cost of the requested cost study and one
of the following shall occur prior to a new cost study
beginning:
        (1) each township, village, and municipality whose
    mayor or president requested the cost study under paragraph
    (3) of subsection (d) shall pay a proportionate share of
    the entire cost of the cost study as detailed in the
    written quote required under this subsection (e); or
        (2) the customers who signed the petition under
    paragraph (4) of subsection (d) shall pay a pro rata share
    of the entire cost of the cost study as detailed in written
    quote required under this subsection (e).
    Payments required under either paragraph (1) or (2) of this
subsection (e) shall be made to the township clerk, who shall
forward the same to the independent entity upon receipt of
entire amount of the written quote for the cost study. If the
entire amount of the written quote for the cost study has not
been received within 90 days from the township clerk providing
public note of the amount of the written quote, then those
amounts received by the township clerk shall be refunded to the
persons or entities which paid them.
(Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16.)
 
    (60 ILCS 1/205-141 new)
    Sec. 205-141. Initiating proceedings for particular
locality; rates and charges; lien; certain townships.
    (a) This Section applies to any township that (i) has a
population between 31,500 and 32,000 according to the 2010
federal decennial census; and (ii) is located within a county
that has a population between 260,000 and 265,000 according to
the 2010 federal decennial census.
    (a-1) A township board may initiate proceedings under
Sections 205-130 through 205-150 in the manner provided by
Section 205-20.
    (b) The township board may establish a fair and reasonable
rate for each user of the waterworks system or sewerage system,
or combined waterworks and sewerage system, or improvement or
extension at a rate that will be sufficient to pay the
principal and interest of any bonds issued to pay the cost of
the system, improvement, or extension and the maintenance and
operation of the system, improvement, or extension and may
provide an adequate depreciation fund for the bonds. Rates
shall be established, revised, and maintained by ordinance and
become payable as the township board determines by ordinance.
    (b-5) The township board may establish a fair and
reasonable connection charge for each new user added to the
township's waterworks system or sewerage system.
    (c) The 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 board fixing a delinquency date.
    (d) Notwithstanding any provision of law to the contrary, a
cost study shall be conducted regarding the connection charge
of the township:
        (1) before the township increases or creates a
    connection charge;
        (2) upon the request of the supervisor or a majority of
    the township board of the township;
        (3) upon the request of a majority of the mayors or
    village presidents of the municipalities located within or
    substantially within the township or township's facility
    planning area; or
        (4) upon the filing with the township board of a
    petition signed by 10% or more of the customers who have
    paid connection charges to the township in the previous 5
    calendar years.
The cost study shall be conducted by an independent entity
within 6 months of action taken under paragraphs (1), (2), (3),
or (4) of this subsection (d). If a cost study is requested
under paragraphs (1) or (2) of this subsection, then the
township shall order and pay for the cost study. If a cost
study is requested under paragraphs (3) or (4) of this
subsection, then the municipalities whose mayors or presidents
requested the cost study under paragraph (3), or the customers
who filed a petition under paragraph (4), shall choose the
independent entity to conduct the cost study, order the cost
study, and pay for the cost study. After performing a cost
study under this subsection (d), an independent entity may not
contract with any State agency, unit of local government, or
non-governmental entity for goods or services within the
township or township service area in the 24 months after
completion of the cost study other than to perform further cost
studies under this subsection (d). A township shall not be
required to conduct more than one cost study in a 60 month
period under paragraphs (3) or (4) of this subsection (d). The
cost study must include, at a minimum, an examination of
residential and commercial connection charges for the
waterworks system or sewerage system, whichever applies, in at
least 30 units of local government in Illinois with a similar
number of customers as are connected to the township's
waterworks system and sewerage system. Following the
completion of the cost study, no increase or new connection
charge may be imposed unless the increase or new charge is
justified by the cost study. If the connection charge the
township charged prior to completion of the cost study is
higher than is justified by the cost study, the township shall
reduce its connection charge to the amount justified by the
cost study.
    (e) For purposes of this Section:
    "Connection charge" means any nominal charge or fee, by
whatever name, assessed to recover the cost of connecting the
customer's water main, sewer, or water main and sewer service
line to the township's facilities, and includes only the direct
and indirect costs of physically tying the service line into
the township's main line in the adjoining utility easement.
    "Independent entity" means an engineering firm that has not
entered into a contract with any State agency, unit of local
government, or non-governmental entity for goods or services
within the township or township service area in the 24 months
prior to being contracted to perform the cost study.
 
    (60 ILCS 1/205-145)
    Sec. 205-145. Special fund. All revenue derived from the
operation of a waterworks system or sewerage system, or
combined waterworks and sewerage system, constructed,
acquired, extended, or improved to serve a particular locality
shall be set aside as collected and shall be deposited in a
special fund of the township. That fund shall be used only (i)
to pay the cost of operating and maintaining the waterworks
system or sewerage system, or combined waterworks and sewerage
system, constructed, acquired, extended, or improved to serve a
particular locality, (ii) to provide an adequate depreciation
fund, and (iii) to pay the principal and interest on the bonds
issued by the township under Sections 205-130 through 205-141
205-140 for the purpose of constructing, acquiring, extending,
or improving the system.
(Source: P.A. 76-1360; 88-62.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/22/2017