65 ILCS 5/11-139-8
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-139-8)Sec. 11-139-8.         The corporate authorities of any municipality availing  itself of this Division 139 may (1) make, enact, and enforce all needful  rules and regulations for the acquisition, construction, extension,  improvement, management, and maintenance of the combined waterworks and  sewerage system of the municipality and for the use thereof, (2) make,  enact, and enforce all needful rules, regulations, and ordinances for the  care and protection of such a system, which may be conducive to the  preservation of the public health, comfort, and convenience and to  rendering the water supply of the municipality pure and the sewerage  harmless insofar as it is reasonably possible to do so, and (3) charge the  inhabitants thereof a reasonable compensation for the use and service of  the combined waterworks and sewerage system and to establish rates for that  purpose. Separate rates may be fixed for the water and sewer services  respectively or single rates may be fixed for the combined water and sewer  services. Separate rates may be fixed for any water services to any other  municipality and separate sewer rates to any industrial establishment for  the purposes set forth in Section 11-139-2. These rates, whether separate  or combined, shall be sufficient at all times to (1) pay the cost of  operation and maintenance of the combined waterworks and sewerage system,  (2) provide an adequate depreciation fund, and (3) pay the principal of and  interest upon all revenue bonds issued under this Division. Rates shall be  established, revised, and maintained by ordinance and become payable as the  corporate authorities may determine by ordinance.Whenever a municipality shall issue revenue bonds as provided by this  Division to pay the cost of the extension or improvement of its combined  waterworks and sewerage system or any part thereof to serve a particular  area of the municipality, the municipality may vary its rates to be charged  for the water and sewer services of the system or for either of them  effective upon the issuance of bonds as provided by this division to pay  the cost of the extension or improvement of its combined waterworks or  sewerage system or any part thereof to serve a particular area of a  municipality so that the rates to be charged for services in the particular  area to be served by such extension or improvement shall be calculated to  produce, in addition to the revenues generally to be produced by such  rates, sufficient funds to pay the principal of and interest upon the  revenue bonds issued to pay the cost of such extension or improvement for  that particular area.Such charges or rates are liens upon the real estate upon or for which  service is supplied whenever the charges or rates become delinquent as  provided by the ordinance of the municipality fixing a delinquency date;  except the charges or rates established by contract for the supply of water  to another municipality. A lien is created under the preceding sentence only if  the municipality 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. However, the municipality  has no preference over the rights of any purchaser, mortgagee, judgment  creditor, or other lien holder arising prior to the filing of the notice of  such a lien 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. This notice shall consist of a sworn  statement setting out (1) a description of such real  estate sufficient for the identification thereof, (2) the amount of money  due for such service, and (3) the date when such amount became delinquent.  The municipality 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 has 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 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 services rendered, plus a reasonable attorney's fee, to be fixed by  the court. Whenever a judgment is entered 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 thereafter  as to charges sued upon and no lien shall exist thereafter against the real  estate for the delinquency. Judgment in such a civil action operates as a  release and waiver of the lien for the amount of the judgment.    (Source: P.A. 87-1197.)