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Public Act 100-0528
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| SB0060 Enrolled | LRB100 06032 AWJ 16063 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing |
Sections 205-140 and 205-145 and by adding Section 205-141 as |
follows:
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(60 ILCS 1/205-140)
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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.
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(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
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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 |
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ordinance and become payable as the township board
determines |
by ordinance.
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(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.
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(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 |
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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 |
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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 |
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persons or entities which paid them. |
(Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16.)
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(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
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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 |
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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 |
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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. |
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(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.
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(60 ILCS 1/205-145)
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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 |