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| Public Act 099-0498 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section | ||||
205-140 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) 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 | ||||
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 this | ||
subsection (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 24 month | ||
period under paragraphs (1), (2), (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.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2016. | ||