(70 ILCS 3010/1) (from Ch. 42, par. 319.1)
Sec. 1.
When used in this Act:
“Sewerage system” means and includes any or all of the following: a
sewage treatment plant or plants, collecting, intercepting and outlet
sewers, force mains, conduits, lateral sewers and extensions, pumping
stations, ejector stations, and all other appurtenances, extensions, or
improvements necessary or useful and convenient for the collection,
treatment, and disposal, in a sanitary manner, of sewage and industrial
wastes. The term also includes the disconnection of storm water drains and
constructing outlets therefor, where, in any case, such work is necessary
to relieve existing sanitary sewers of storm water loads, in order to
permit the efficient operation of such sanitary sewers for collection,
treatment, and disposal of sewage and industrial wastes.
“Sanitary district” means a sanitary district organized and created
under any of the laws of the State of Illinois having a population of less
than 500,000 and also means any drainage district which comes within the
terms of “An Act relating to drainage districts that collect and convey
sewage and other wastes through long, continued and common usage of
district drainage facilities”, enacted by the 73rd General Assembly.
“Board of trustees” means the board of trustees of a sanitary district
or the commissioners of a drainage district.
“Municipality” means a city, village, or incorporated town in the State
of Illinois having a population of less than 500,000.
“Corporate authorities” means the city council or similar body of cities
and the board of trustees or similar body of villages or incorporated
towns.
(Source: Laws 1963, p. 2986.)
(70 ILCS 3010/2a) (from Ch. 42, par. 319.2a)
Sec. 2a.
Every sanitary district has the power to construct or acquire,
and to improve, extend, and operate a sewerage system. Any sanitary district
that owns and operates or that may hereafter own and operate a sewerage
system also has the power, when determined by its board of trustees to be
in the public interest and necessary for the protection of the public health,
to enter into and perform contracts, whether long-term or short-term, with
any industrial establishment for the provision and operation by the sanitary
district of sewerage facilities to abate or reduce the pollution of water
caused by discharges of industrial wastes by the industrial establishment
and the payment periodically by the industrial establishment to the sanitary
district of amounts at least sufficient, in the determination of such board
of trustees, to compensate the sanitary district for the cost of providing
(including payment of principal and interest charges, if any), and of operating
and maintaining the sewerage facilities serving such industrial establishment.
Every sanitary district has the power to borrow money from the Reconstruction
Finance Corporation, the Public Works Administration, or from any other
source, for the purpose of improving or extending or for the purpose of
constructing or acquiring and improving and extending a sewerage system
and as evidence thereof, to issue its revenue bonds, payable solely from
the revenue derived from the operation of the sewerage system by that sanitary
district. These bonds may be issued for maturities not exceeding forty
years from the date of the bonds, and in such amounts as may be necessary
to provide sufficient funds to pay all the costs of the improvement or extension
or construction or acquisition and improvement and extension of the sewerage
system, including engineering, legal and other expenses, together with interest,
to a date six months subsequent to the estimated date of completion. These
bonds shall bear interest at a rate not exceeding that permitted by “An
Act to authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate limitations
set forth therein”, approved May 26, 1970, as amended, payable semiannually.
Bonds issued under this Act are negotiable
instruments. They shall be executed by the presiding officer and clerk
of the sanitary district and shall be sealed with the sanitary district’s
corporate seal.
In case any officer whose signature appears on the bonds or coupons ceases
to hold that office before the bonds are delivered, his signature, nevertheless,
shall be valid and sufficient for all purposes, the same as though he had
remained in office until the bonds were delivered. The bonds shall be sold
in such manner and upon such terms as the board of trustees shall
determine.
(Source: P.A. 83-591.)
(70 ILCS 3010/3a) (from Ch. 42, par. 319.3a)
Sec. 3a.
Whenever the board of trustees of a sanitary district determines
to improve or extend or to construct or acquire and improve and extend a
sewerage system and to issue bonds, under this Act, for the payment of the
cost thereof, the board of trustees shall adopt an ordinance describing,
in a general way, the contemplated project. It shall not be necessary that
the ordinance refer to plans and specifications nor that there be on file
for public inspection prior to the adoption of such ordinance detailed plans
and specifications of the project.
Whenever a sanitary district has been directed by an order issued under
the “Environmental Protection Act”, as now or hereafter amended, to abate
its discharge of untreated or inadequately treated sewage, this fact shall
be set out in the ordinance, unless said order to abate said discharge has
been reversed on appeal.
The ordinance shall set out the estimated cost of the project, determine
the period of usefulness thereof and fix the amount of revenue bonds proposed
to be issued, the maturity or maturities, the interest rate, which shall
not exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% annually, and all the details in connection with the bonds.
The ordinance may contain such covenants and restrictions upon the issuance
of additional revenue bonds thereafter, which will share equally the revenue
of the sewerage system, as may be deemed necessary or advisable for the
assurance of the payment of the bonds first issued. The board of trustees
may also provide in the ordinance authorizing the issuance of bonds under
this Act that the bonds, or such ones thereof as may be specified, shall,
to the extent and in the manner prescribed be subordinated and be junior
in standing with respect to the payment of principal and interest and the
security thereof, to such other bonds as are designated in the ordinance.
The ordinance shall pledge the revenue derived from the operation of the
sewerage system for the purpose of paying the cost of operation and maintenance
of the system, providing an adequate depreciation fund and paying the principal
and interest on the bonds of the sanitary district issued under this Act.
Every sanitary district is authorized to issue refunding revenue bonds to
refund, pay or discharge all or any part of its outstanding
revenue bonds, including interest thereon, if any, in arrears or about to
become due. The relevant provisions in this Act pertaining to revenue bonds
shall be equally applicable in the authorization and issuance of refunding
revenue bonds, including their terms and security, the bond ordinance, rates,
and other aspects of the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(70 ILCS 3010/4) (from Ch. 42, par. 319.4)
Sec. 4.
After this ordinance has been adopted, it shall be published
once in a newspaper published and having a general circulation in the
sanitary district, or if there is no such newspaper, it shall be posted
in at least 3 of the most public places in the sanitary district.
If the ordinance specifies that the sanitary district has been
directed by an order issued under the provisions of “An Act to establish
a Sanitary Water Board and to control, prevent, and abate pollution of
the streams, lakes, ponds, and other surface and underground waters in
the State, and to repeal an Act named therein”, approved July 12, 1951,
as heretofore or hereafter amended, and the Environmental Protection
Act, to abate its discharge of untreated or inadequately treated sewage,
the ordinance authorizing the issuance of those revenue bonds shall be in
effect immediately upon its adoption and publication, or posting, as
provided in this section, notwithstanding any provision in this Act or any
other law to the contrary.
In all other cases, if no petition is filed with the clerk of the
sanitary district, as hereinafter provided in this section, within 30
days after the publication or posting of the ordinance, which must include
a notice of (1) the specific number of voters required to sign a petition
requesting that the question of the adoption of the ordinance to be submitted
to the electors; (2) the time in which such petition must be filed; and
(3) the date of prospective referendum, the ordinance shall be in effect
after the expiration of that 30 day period. But if within that 30 day
period a petition is filed with the clerk of that sanitary district signed
by voters of the district numbering 10% or more of the registered voters of
the sanitary district, asking that the question of improving or extending or
of constructing or acquiring and improving and extending a sewerage
system and of issuing revenue bonds to pay the cost thereof be submitted
to the legal voters of the sanitary district the board of trustees of
the sanitary district shall cause submission of the question at the next
regular election in accordance with the general election law. The clerk
of the sanitary district shall provide a petition form to any individual
requesting one.
If it appears upon the canvass of the election
that a majority of the legal voters voting upon the question
voted in favor thereof, the ordinance shall be in effect, but if a
majority of the legal voters voting upon the question are not in favor
thereof, the ordinance shall not take effect.
(Source: P.A. 87-767.)
(70 ILCS 3010/5) (from Ch. 42, par. 319.5)
Sec. 5.
All bonds issued under this Act are payable solely from the revenue
derived from the operation of the sewerage system. These bonds shall not,
in any event, constitute an indebtedness of the sanitary district within
the meaning of any constitutional or statutory limitation. It shall be
plainly stated on the face of each bond that the bond has been issued under
this Act and that it does not constitute an indebtedness of the sanitary
district within any constitutional or statutory limitation.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/6a) (from Ch. 42, par. 319.6a)
Sec. 6a.
So long as any revenue bonds of the sanitary district are outstanding,
sufficient revenue derived from the operation of such a sewerage system
shall be set aside as collected, and deposited in a special fund of the
sanitary district, and this revenue shall be used only for the purpose of
paying the cost of operating and maintaining the sewage system, providing
an adequate depreciation fund, and paying the principal of and interest
on the bonds issued by the sanitary district under this Act; any revenue
not required to be so deposited may be used for the purpose of paying the
principal and interest on any other bonds or indebtedness issued or incurred
by the district or for paying for the construction, acquisition, improvement,
extension, operation or improvement of the sewerage system, or for any other
corporate purpose of the sanitary district.
(Source: P.A. 79-1395.)
(70 ILCS 3010/7) (from Ch. 42, par. 319.7)
Sec. 7.
The board of trustees of any sanitary district that owns and
operates or that may hereafter own and operate a sewerage system
constructed or acquired under the provisions of any law of this State has
the power to make, enact, and enforce all needful rules and regulations in
the construction, acquisition, improvement, extension, management, and
maintenance of its sewerage system and for the use thereof. The board of
trustees of such a sanitary district also has the power to make, enact, and
enforce all needful rules, regulations, and ordinances for the improvement,
care, and protection of its sewerage system, which may be conducive to the
preservation of the public health, comfort, and convenience, and to render
the sewage of the sanitary district harmless in so far as it is reasonably
possible to do so.
The board of trustees of such a sanitary district has the power, by
ordinance, to charge the inhabitants thereof for the use and service of its
sewerage system and to establish charges or rates for that purpose. Where
bonds are issued as provided in Sections 2 and 3 of this Act, the board
of trustees shall establish rates or charges as provided in this section,
and these charges or rates shall be sufficient at all times to pay the cost
of operation and maintenance, to provide an adequate depreciation fund, and
to pay the principal of and interest upon all revenue bonds issued under
Sections 2 and 3 hereof.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the system. The depreciation fund shall not be allowed to accumulate beyond
a reasonable amount necessary for that purpose, and shall not be used for
extensions to the system.
Charges or rates shall be established, revised, and maintained by
ordinance and become payable as the board of trustees may determine by
ordinance. Such charges or rates shall be liens upon the real estate upon
or for which sewerage service is supplied; provided, however, such liens
shall not attach to such real estate until such charges or rates have
become delinquent as provided by the ordinance of the sanitary district
fixing a delinquency date. A lien is created under the preceding sentence only
if the sanitary district 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. Nothing in this
Section shall be construed to give the sanitary district a preference over the
rights of any purchaser, mortgagee, judgment creditor or other lien holder
arising prior to the filing in the office of the recorder of the county in
which such real estate is located, or in the office of the registrar of titles
of such county if the property affected is registered
under the Torrens System, of notice of said lien. The notice shall
consist of a sworn statement setting out (1) a description of the real
estate sufficient for the identification thereof, upon or for which the
sewerage service was supplied, (2) the amount or amounts of money due for
such sewerage service, and (3) the date or dates when such amount or
amounts became delinquent. The sanitary district 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 sanitary district shall
have the power to foreclose such lien in like manner and with like effect as in
the foreclosure of mortgages on real estate.
The payment of delinquent charges for sewerage service to any premises may
be enforced
by discontinuing either the water service or the sewerage service to that
premises, or both. A rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation or political
subdivision of the State furnishing water service to a premises (i) shall
discontinue that service upon receiving written notice from the sanitary
district in which the premises lies that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
The sanitary district shall reimburse the public or municipal corporation or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service. The sanitary district may
contract with any privately owned public utility for the discontinuance of
water service to a premises with respect to which the payment of a rate or
charge for sewerage service
has become delinquent.
The sanitary district shall reimburse the water service provider for any
lost water service revenues and the costs of discontinuing water service, and
shall indemnify the water service provider for any judgment and related
attorney’s
fees resulting from an action based on any provision of this paragraph.
The sanitary district also has the power, from time to time, to sue the
owner, occupant or user of that real estate, or a person receiving any
direct or indirect benefit from such services, in a civil action to recover
money due for sewerage services, plus a reasonable attorney’s fee, to be
fixed by the court; provided, however, that the sanitary district shall
give notice of its intention to bring such action to the owner of record by
regular mail not less than 7 days prior to filing such civil action.
Judgment in a civil action brought by the sanitary district to recover
or collect such charges shall not operate as a release or waiver of the
lien upon the real estate for the amount of the judgment. Only
satisfaction of the judgment or the filing of a release and satisfaction of
lien shall release said lien. The lien for charges on account of services
or benefits provided for in this Section and the rights created hereunder
shall be in addition to and not in derogation of the lien upon real estate
created by and imposed for general real estate taxes.
(Source: P.A. 93-500, eff. 6-1-04.)
(70 ILCS 3010/8) (from Ch. 42, par. 319.8)
Sec. 8.
Every sanitary district which issues bonds under this Act shall
install and maintain a proper system of accounts showing the amount of
revenue received from the sewerage system and the application of that
revenue. At least once each year the sanitary district shall have the
accounts properly audited. A report of that audit shall be open for
inspection at all proper times to any taxpayer, sewerage system user, or
the holder of any bond issued under this Act, or their respective
representatives.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/9) (from Ch. 42, par. 319.9)
Sec. 9.
The holder of any bond issued under this Act, or of any
coupon representing interest accrued thereon, by a proper civil action,
may compel the officials of the sanitary
district issuing the bonds to perform all duties imposed upon them by
the provisions of this Act, including the making and collection of
sufficient charges or rates for that purpose and the application of the
revenue from the sewerage system.
(Source: P.A. 79-1360.)
(70 ILCS 3010/10) (from Ch. 42, par. 319.10)
Sec. 10. For the purpose of improving or extending, or constructing or
acquiring and improving and extending any sewerage system under this Act, a
sanitary district has the right to acquire any property necessary or
appropriate therefor by eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 3010/10.5)
Sec. 10.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 3010/11a) (from Ch. 42, par. 319.11a)
Sec. 11a.
The board of trustees of any sanitary district shall have
full power at any time to contract with the corporate authorities of the
municipality or municipalities situated either wholly or partly within
that sanitary district for the treatment and disposal of the sewage of
that municipality or municipalities, and for the use of the drains,
conduits, treatment plants, pumping plants, and works maintained by that
sanitary district for the carrying off, disposal, and treatment of
sewage and industrial wastes, in lieu of charging the inhabitants of
that municipality or municipalities. The corporate authorities so
contracting shall adopt an ordinance imposing rules and regulations with
respect to the use of sewers within that municipality and provide for a
charge to the inhabitants thereof for the use thereof and for the
payment of the charge to be paid to the sanitary district under that
contract. Such contracts shall be irrevocable as long as any revenue
bonds of the sanitary district are outstanding, but the charge to be
paid to the sanitary district shall be payable only from the revenue
derived by the municipalities from the charges made to the inhabitants
thereof.
The charges and rates fixed by the corporate authorities shall be
sufficient at all times to pay the charge to be paid to the sanitary
districts. Such charges or rates shall be liens upon the real estate
upon or for which sewerage service is supplied; provided, however, such
liens shall not attach to such real estate until such charges or rates
have become delinquent as provided by the ordinance of the municipality
fixing a delinquency date. A lien is created under the preceding
sentence only if the sanitary district 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. Nothing in this Section shall be construed to give
the municipality a preference over the rights of any purchaser, mortgagee,
judgment creditor or other lien holder arising prior to the filing in the
office of the recorder of the county in which such real estate is located, or
in the office of the registrar of titles of such county if the property
affected is registered under “An Act concerning land titles”, approved May 1,
1897, as amended, of notice of the lien. The notice shall consist of a sworn
statement setting out (1) a description of the real estate, sufficient for the
identification thereof, upon or for which the sewerage service was supplied,
(2) the amount or amounts of money due for such sewerage service, and (3) the
date or dates when such amount or amounts became delinquent. The sanitary
district 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 municipality shall have the power to foreclose such lien in like
manner and with like effect as in the foreclosure of mortgages on real estate.
The municipality also has the power, from time to time, to sue the
occupant or user of the real estate in a civil action to recover the
money due for sewerage services, plus a reasonable attorney’s fee, to be
fixed by the court. However, when a judgment is obtained in such a
civil action, the foregoing provisions in this section with respect to
filing sworn statements of such delinquencies in the office of the
recorder and creating a lien against the real estate shall not
be effective as to charges sued upon and no lien shall exist thereafter
against the real estate for that delinquency. Judgment in such a civil
action operates as a release and waiver of the lien upon the real estate
for the amount of the judgment.
Such contract may contain appropriate provisions to authorize the
sanitary district to proceed, in the name of the municipality, in the
collection of such charges and rates as are provided in this section, in
the event that the municipality fails to pay when due the charge to be
paid to the sanitary district. Any sanitary district, by a civil
action, may compel the officials of the municipality to perform all
duties imposed upon them by this section, including the making and
collection of sufficient charges and rates for that purpose and the
application of the revenue therefrom.
(Source: P.A. 87-1197.)
(70 ILCS 3010/12) (from Ch. 42, par. 319.12)
Sec. 12.
Every sanitary district has the power to construct or acquire a
sewerage system to serve a particular locality within its corporate limits
or to extend or improve an existing sewerage system for the purpose of
serving a particular locality within the sanitary district not theretofore
served by its existing sewerage system, and to pay the cost thereof by the
issuance and sale of revenue bonds of the sanitary district, payable solely
from the revenue derived from the operation of the entire sewerage system
or systems of the sanitary district. Except insofar as inconsistent with
this section, the provisions of sections 2 to 11, inclusive, govern all
matters connected with a project under this section.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/13) (from Ch. 42, par. 319.13)
Sec. 13.
Every sanitary district also has the power to construct or acquire
a sewerage system to serve a particular locality within its corporate
limits or to extend or improve an existing sewerage system for the purpose
of serving a particular locality within the sanitary district not
theretofore served by its existing sewerage system, and to pay the cost
thereof by the issuance and sale of revenue bonds of the sanitary district
payable solely from the revenue derived from the operation of the sewerage
system constructed or acquired for that particular locality, or from the
revenue to be derived from the operation of the improvements and extensions
of an existing system. Except insofar as inconsistent with this section,
the provisions of section 2 of this Act govern all matters connected with
the bonds issued under this section.
Bonds issued under this section are payable solely from revenue derived
from the operation of that sewerage system or improvement or extension.
These bonds shall not, in any event, constitute an indebtedness of the
sanitary district, within the meaning of any constitutional or statutory
limitation, and it shall be so stated on the face of each bond. The face of
each bond shall also contain a description of the locality for which that
system or improvement or extension is constructed or acquired.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/14) (from Ch. 42, par. 319.14)
Sec. 14.
The board of trustees of any sanitary district intending to avail
itself of the provisions of sections 13 to 19, inclusive, of this Act,
shall adopt a resolution declaring its intention to construct or acquire a
sewerage system for a particular locality within the sanitary district, or
its intention to make an extension or improvement to an existing sewerage
system for a particular locality, and describing the project to be
constructed and the boundaries of the locality to be served thereby. The
board of trustees shall also determine the estimated cost of the project,
approve a report of the engineer for the sanitary district of the possible
rates to be charged to users of the sewerage system or improvement or
extension, and set a date for a public hearing on the question of whether
or not the project should be constructed.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/15) (from Ch. 42, par. 319.15)
Sec. 15.
Notice of the public hearing shall be sent by mail to the persons
who paid the general taxes for the last preceding year on each lot, block,
tract, or parcel of land within the boundaries of the locality to be served
by the proposed project and also to each occupant of premises within the
locality. Notice shall also be published once each week for two consecutive
weeks in a newspaper published and having a general circulation in the
sanitary district, if there is one, and the first publication shall be at
least fifteen days prior to the date set for the hearing. The notice shall
state (1) the time and place of the hearing, (2) the intention of the board
of trustees to construct or acquire the system or to extend or improve the
existing system, (3) a description of the project to be constructed or
acquired and the boundaries of the locality to be served thereby, (4) the
estimated cost of the project, and (5) the probable rates to be charged the
users of the system or improvement or extension.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/16) (from Ch. 42, par. 319.16)
Sec. 16.
At the time and place fixed in the notice for the public hearing,
the board of trustees shall meet and hear the representations of any person
desiring to be heard on the subject of the construction or acquisition of
the proposed project, the nature thereof, the cost as estimated, and the
probable rates to be charged. After the hearing has been had and all
persons desiring to appear have been heard, the board of trustees shall
adopt a new resolution adopting, altering, amending, changing, or modifying
the former resolution or abandoning the project.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/17) (from Ch. 42, par. 319.17)
Sec. 17.
If after the public hearing the board of trustees of the sanitary
district adopts a resolution to proceed with the construction or
acquisition of the project, the board of trustees has the power to make and
enforce all needful rules and regulations in connection with the
construction, acquisition, improvement, or extension, and with the
management and maintenance of the project to be constructed or acquired.
The board of trustees also has the power to establish the rate or charge to
each user of the sewerage system or improvement or extension at a rate
which will be sufficient to pay the principal and interest of any bonds,
issued to pay the cost thereof, maintenance, and operation of the system,
improvement, or extension and to provide an adequate depreciation fund
therefor. Charges or rates shall be established, revised, and maintained by
ordinance and become payable as the board of trustees may determine by
ordinance. Such charges or rates shall be liens upon the real estate upon
or for which sewerage service is supplied; provided, however, such liens
shall not attach to such real estate until such charges or rates have
become delinquent as provided by the ordinance of the sanitary district
fixing a delinquency date. A lien is created under the preceding
sentence only if the sanitary district 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.
Nothing in this Section shall be construed to give the sanitary district a
preference over the rights of any purchaser, mortgagee, judgment creditor or
other lien holder arising prior to the filing in the office of the recorder of
the county in which such real estate is located, or in the office of the
registrar of titles of such county if the property affected is registered
under the Torrens System, of notice of said lien. The notice shall consist
of a sworn statement setting out (1) a description of the real estate
sufficient for the identification thereof, upon or for which the sewerage
service was supplied, (2) the amount or amounts of money due for such
sewerage service, and (3) the date or dates when such amount or amounts
became delinquent, (4) the owner of record of the premises. The sanitary
district 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 sanitary district shall have the power to foreclose such lien in
like manner and with like effect as in the foreclosure of mortgages on real
estate.
The sanitary district also has the power, from time to time, to sue the
occupant or user of the real estate in a civil action to recover the money
due for sewerage services, plus a reasonable attorney’s fee, to be fixed by
the court. However, whenever a judgment is obtained in such a civil action,
the foregoing provision in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder of deeds and
creating a lien against the real estate shall not be effective as to the
charges sued upon and no lien shall exist thereafter against the real
estate for that delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the amount of the
judgment. The charge provided in this section to be made against each user
of an improvement or extension shall be in addition to the charge, if any,
made of all users of the system under Section 7 hereof, and shall be kept
separate and distinct therefrom.
(Source: P.A. 87-1197.)
(70 ILCS 3010/18) (from Ch. 42, par. 319.18)
Sec. 18.
If the board of trustees adopts a resolution to proceed with the
construction or acquisition of the project as provided in section 17,
they shall adopt an ordinance providing for the issuance of the bonds. The
ordinance shall contain the necessary detail and data provided for by
Section 3a of this Act.
Within thirty days after the adoption of the ordinance, it shall be
published at least once in a newspaper published and having a general
circulation in the sanitary district, or if there is no such newspaper, it
shall be posted in at least three of the most public places in the sanitary
district. The ordinance shall become effective ten days after the
publication or posting.
(Source: P.A. 83-333.)
(70 ILCS 3010/19a) (from Ch. 42, par. 319.19a)
Sec. 19a.
Sufficient revenue derived from the operation of such a sewerage
system, improvement, or extension shall be set aside as collected, and deposited
in a special fund of the sanitary district. It shall be used only for the
purpose of paying the cost of operating and maintaining the sewerage system,
improvement, or extension, providing an adequate depreciation fund, and
paying the principal and interest on the bonds issued by the sanitary district
under Sections 13 to 19a, inclusive, for the purpose of constructing
or acquiring the system, improvement, or extension.
(Source: P.A. 83-333.)
(70 ILCS 3010/20) (from Ch. 42, par. 319.20)
Sec. 20.
This Act authorizes the issuance of revenue bonds provided for
herein without submitting a proposition for the approval of the ordinance
authorizing the bonds to the electors as required in the case of the
issuance of bonds payable out of taxes levied for the payment of the bonds.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/21) (from Ch. 42, par. 319.21)
Sec. 21.
The provisions of this Act shall be cumulative and shall be
considered as conferring additional power on sanitary districts and as
additions to and not as limitation upon the powers of sanitary districts to
construct, acquire, improve, extend, and operate sewerage systems.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/22) (from Ch. 42, par. 319.22)
Sec. 22.
If any provision of this Act is held invalid the invalidity of
that provision shall not affect any of the other provisions of this Act.
(Source: Laws 1941, vol. 2, p. 435.)
(70 ILCS 3010/24a) (from Ch. 42, par. 319.24a)
Sec. 24a.
This Act may be cited as the Sanitary District Revenue Bond Act.
(Source: P.A. 86-1475.)