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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-15018
(55 ILCS 5/5-15018) (from Ch. 34, par. 5-15018)
Sec. 5-15018.
Ordinances relative to issuance of revenue bonds.
Any ordinance authorizing the issuance of revenue bonds as provided for in
this Division shall describe in a general way the contemplated project,
refer to general plans and specification prepared for any construction
work, which shall be placed on file in the office of the county clerk
available for inspection by the public.
Such ordinance shall also set out the total estimated cost of the
project, fix the amount of bonds proposed to be issued, the maturity or
maturities, the interest rate and all details in respect thereof, and the
covenants and undertakings of the county in connection with the application
of the income and revenue and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for assurance of the
payment of the bonds thereby authorized, and as may thereafter be issued.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15019
(55 ILCS 5/5-15019) (from Ch. 34, par. 5-15019)
Sec. 5-15019.
Use of revenues.
Whenever revenue
bonds are issued under this Division the income and
revenue derived from the operation of the waterworks properties or sewage
facilities, or waste management facilities, as the case may be, shall
be used only to pay the cost of operation and maintenance (including
insurance) of the waterworks properties or sewage facilities, or waste
management facilities, or a combination thereof, as the case may
be, to pay principal of and interest on any revenue bonds issued hereunder,
to provide an adequate depreciation fund, which fund is hereby defined to
be for such replacements as may be necessary from time to time for the
continued, effective and efficient operation of the waterworks properties,
or sewage facilities, or a combination
thereof, or waste management facilities, as the case may be, which
such fund shall not be allowed to accumulate beyond a reasonable amount
necessary for that purpose, the terms and provisions of which shall be
incorporated in the ordinance authorizing the issuance of the bonds, and to
maintain such other reserves and sinking funds as may be deemed necessary
or desirable by the county for the payment of the bonds or the extension or
improvement of the waterworks properties, or sewage facilities, or a
combination thereof, or waste management facilities, as the case may be.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15020
(55 ILCS 5/5-15020) (from Ch. 34, par. 5-15020)
Sec. 5-15020.
Rates and charges; rights of bondholders.
Rates
and charges for the use and service of the waterworks
properties, or sewage facilities, or waste management facilities, as the
case may be, acquired by any county shall be sufficient at all times to pay
the cost of maintenance and operation, to pay the principal of and interest
upon all revenue bonds issued under the provisions of this Division,
to provide a reasonable depreciation fund as established pursuant to the
provisions of the ordinance authorizing the issuance of any revenue bonds,
and to maintain such other reserves and sinking funds as may be deemed
necessary or desirable by the county for the payment of the bonds or the
extension or improvement of the waterworks properties or, sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, and the holder of any bond or bonds or any of the interest
coupon or coupons of any revenue bonds of any such county may in any civil
action, mandamus, injunction or other proceeding enforce and compel the
performance of all duties required by this Division and the covenants and
undertakings set forth in any bond ordinance, including the making and
collecting of sufficient rates and charges for the use or service of the
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the proper application
of the income and revenue therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15021
(55 ILCS 5/5-15021) (from Ch. 34, par. 5-15021)
Sec. 5-15021.
Rules and regulations; liens;
discontinuance of service. Rules and regulations governing the
maintenance and operation of the waterworks properties, or sewage
facilities, or waste management facilities, as the case
may be, shall be established from time to time by ordinance, and rates
and charges for use and service for all purposes, including charges to
connect to such properties or facilities, and which may include the
imposition of interest and penalties for failure to make payments when
due, except for charges or rates established by contract for a wholesale
supply of water as herein authorized shall be established, revised,
maintained, be due and payable, and be in force as the county board may
determine by separate ordinances, and rates or charges established by
the board shall not be subject to any statutory regulations covering
rates and charges for similar service by privately owned waterworks,
sewage facilities or waste management facilities.
Any ordinance establishing rules and regulations or rates or charges
for the use and service shall be published within 30 days after its
adoption in a newspaper published and of general circulation in the
county, and if there be no such newspaper then such ordinance shall be
posted in not less than 10 of the most public places in the county, and
shall become effective 10 days after such publication or posting as the
case may be.
Rates and charges for the use and service of the county's waterworks
properties and sewage facilities (except for rates or charges for a
wholesale supply of water or wholesale sewerage service as herein
authorized) shall be liens upon the real estate to which water or
sewerage service is supplied whenever the rates or charges become
delinquent as provided by an ordinance of the county fixing a delinquency date.
A lien is created under the preceding sentence only if the county 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. The county shall have no preference in any
such lien over the rights of any purchaser, mortgagee, judgment creditor or any
lien holder arising prior to the notice of filing of such lien in the
office of the recorder of the county in which the real estate
is located. This notice shall consist of a statement sworn to by an
authorized officer or employee of the county setting out (1) a
description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water or sewerage service
and (3) the date when such amount became delinquent.
The county 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 county shall have 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 payment of rates and charges for water services to any premises
may be enforced by discontinuing the water service to such premises, and
the payment of charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage
service to such premises, or both. Any public or municipal corporation
or political subdivision of the State furnishing water service to a
premises shall discontinue such service upon receiving written notice
from the county that a rate or charge for sewerage service has become
delinquent, and shall not resume water service until receiving a like
notice that such delinquency has been removed. The county shall
reimburse any such public or municipal corporation or political
subdivision of the State for the reasonable cost of any such
discontinuance and resumption of water service. The county may contract
with any privately owned public utility for the discontinuance of water
service to a premises on account of which a rate or charge for sewerage
service has become delinquent.
(Source: P.A. 86-962; 87-1197.)
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