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.