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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 135
(65 ILCS 5/Art. 11 Div. 135 heading)
DIVISION 135.
JOINT ACQUISITION AND OPERATION
OF WATER SUPPLY AND WATERWORKS
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65 ILCS 5/11-135-1
(65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1)
Sec. 11-135-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or a common source of supply of water, or both, and may
operate jointly a waterworks system or a common source of supply of water,
or both, and improve and extend the same, as provided in this Division 135.
The corporate authorities of the specified municipalities desiring to avail
themselves of the provisions of this Division 135 shall adopt a resolution
or ordinance determining and electing to acquire and operate jointly a
waterworks system or a common source of supply of water or both, as the
case may be. Such resolution or ordinance may be rescinded at any time
prior to the issuance and sale of revenue bonds and after the rescinding
municipality has no outstanding obligation to pay a proportionate share
of the costs of development, construction or operation.
Any municipality adopting a resolution or ordinance to acquire and
operate jointly a waterworks system or a common source of supply of water,
or both, as the case may be, under the provisions of this Division 135, is
authorized from time to time to pay, to advance or to obligate itself to
the Commission, to bear a proportionate share of the development costs of
any project proposed by the Commission including plans, feasibility reports
and engineering even though the project is never constructed or water is
never supplied by the Commission to such municipality.
Whenever any municipality determines to pay, to advance or to obligate
itself for its proportionate share of development costs as above provided,
it shall adopt an ordinance declaring its intention to do so, fix the maximum
amount of its share of the cost it proposes to pay, to advance or to obligate
itself for, and the period over which it proposes to pay its obligation
(not exceeding 5 years) and the maximum amount to be paid annually, if such
obligation is to be paid in installments. The time of payment of any such
installment obligation may be extended for a period of not exceeding five years
from the final maturity date of the original obligation.
From and after such ordinance becomes effective, it shall be the duty of
the municipality to include an amount sufficient to pay the annual installments
of its obligation each year in the next succeeding appropriation ordinances. No
prior appropriation shall be required for a municipality to authorize the
payments, advances or obligations herein provided for.
Whenever any municipality has obligated itself for development costs as
herein provided and after the effective date of the ordinance under which
it obligated itself for a specific amount for development costs of a
project and after approval of such obligation by the Commission, the
Commission is authorized to borrow funds temporarily for payment of such
development costs in advance of permanent financing. The Commission may
from time to time and pursuant to an appropriate resolution borrow money
and issue its interim notes to evidence borrowings for such purpose,
including all necessary and incidental expenses in connection therewith.
Any resolution authorizing the issuance of such notes shall describe the
project and the development costs to be undertaken, specify the principal
amount, rate of interest as authorized under Section 2 of "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 now or hereafter amended, and the maturity
date which shall coincide with the due date of the obligations or the
installments thereof incurred by the respective municipalities pursuant to this
Section not, however, to exceed 5 years from date.
Contemporaneously with the issuance as provided by this Division of revenue
bonds, all outstanding interim notes issued for development costs of a project
though they have not then matured shall be paid, both principal and interest
to date of payment, from funds derived from the sale of revenue bonds for
the permanent financing of any such project for which interim notes may
have been issued and such interim notes shall be surrendered and cancelled.
Any municipality adopting a resolution or ordinance to acquire and operate
jointly a waterworks system or a common source of supply of water, or both,
as the case may be, under the provisions of this Division 135 is further
authorized from time to time, to pay, to advance or to obligate itself to
the Commission to bear, a proportionate share of the construction and operating
costs of any project proposed by the Commission.
Whenever a municipality determines to pay, to advance or to obligate itself
for its proportionate share of construction or operating costs as above
provided, it shall adopt an ordinance declaring its intention to do so,
fix the maximum amount of its share of the cost it proposes to pay, to advance
or to obligate itself for, and the period over which it proposes to pay its
obligation and the maximum amount to be paid annually, if such obligation is to
be paid in installments. From and after such ordinance becomes effective, it
shall be the duty of the municipality to include an amount sufficient to pay
the annual installments of its obligation each year in the next succeeding
appropriation ordinances. No prior appropriation shall be required for a
municipality to authorize the payments, advances or obligations herein provided
for.
Whenever any municipality has paid, advanced or obligated itself for
development, construction or operating costs as herein provided, the Commission
is authorized to contract with such municipality, on such terms as may be
agreed, for the repayment to such municipality by the Commission of any payment
or advance made by such municipality to the Commission to charge, in addition
to all other charges and rates authorized under the provisions of this
Division, such rates and charges for water sold by the Commission as shall be
necessary to provide for such repayment. In addition, any payment or advance
of such costs made by a municipality pursuant to this Section may be repaid by
the Commission to the municipality from the proceeds of revenue bonds
authorized to be issued by the Commission pursuant to this Division 135.
(Source: P.A. 82-783 .)
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65 ILCS 5/11-135-2
(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2.
Upon the adoption of such an ordinance or resolution
by the corporate authorities of any such municipality, the mayor or
president, with the approval of the corporate authorities, shall appoint
a commissioner.
If under Section 11-135-3 a water commission meets the participatory
requirements, that water commission shall appoint a commissioner.
The commissioners so appointed by each of such
municipalities and participatory water commissions together with a like
commissioner appointed by the
presiding officer of the county board with the advice and consent of the
county board of the county in which the major part of the works of the
water commission are, or are to be, located, shall constitute a
commission and public corporation with the powers and duties specified
in this Division 135. The corporate name of the commission shall be
"(here insert an appropriate name indicative of the area) Water Commission"
and as such the
Commission may contract and be contracted with, and sue and be sued.
The commissioners so appointed shall serve for a term of 6 years, or until
their successors have been appointed and have qualified in the same manner
as the original appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective commissioners
whose terms shall be for 2, 4 and 6 years from the date of that meeting.
Each commissioner appointed by a mayor or president shall be an elector
or the chief administrator of the municipality for which he acts as
commissioner,
and the commissioner appointed by the presiding officer of the county board
shall be an elector of the county in which the major works of the water
commission are, or are to be, located. Any commissioner so appointed may
be a member of the governing board or officer or employee of the municipality
or county from which the appointment is made. A commissioner is eligible
for reappointment upon the expiration of his term. A vacancy shall be filled
for the balance of the unexpired term of the person who has ceased to hold
office by the mayor, president or county board presiding officer who initially
made such appointment in the same manner as the original appointment. Each
commissioner shall receive the same compensation, as determined by the
appointing authority, which shall not be more
than $2,000 per year, except that no commissioner who is a
member of the governing
board or officer of the municipality or county from which the
appointment
is made may receive any compensation for serving as commissioner. Each
commissioner shall furnish a bond for the faithful performance of his
official duties. This bond shall not be less than $5,000 and its costs
shall be paid by the commission.
Each commissioner may be removed for any cause for which any other
municipal officer may be removed. No commissioner, or employee of the
commission, and no mayor, or president, or other member of the corporate
authorities, or any employee of any of the municipalities, shall be
interested directly or indirectly in any contract or job of work or
materials, or the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this section is a
Class C misdemeanor. A conviction is cause for the removal of a person
from his office or employment.
(Source: P.A. 90-517, eff. 8-22-97; 91-659, eff. 12-22-99.)
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65 ILCS 5/11-135-3
(65 ILCS 5/11-135-3) (from Ch. 24, par. 11-135-3)
Sec. 11-135-3.
Such a commission shall organize by appointing a
chairman from its own members and a clerk and treasurer, who need not be
commissioners. It shall adopt its own rules of procedure and provide
for its meetings. The commission has full and complete supervision,
management, and control of the waterworks system, or the common source
of supply of water, or both, as provided in the ordinances or
resolutions for acquiring and operating the same, and in their
maintenance, operation, and extension. The commission is authorized to
contract with the municipalities which established the commission for a
supply of water to those municipalities, for a period not exceeding 50
years, and the corporate authorities of those municipalities are
authorized to enter into contracts with the commission.
The commission is authorized to develop, promote and provide for
recreational facilities on property acquired in and for the operation of
its common source of supply of water and to include reasonable charges
for such recreational facilities as part of the cost of operation and
maintenance of the waterworks system.
Any 2 or more water commissions organized under this Division 135
may, by resolution adopted by each commission and ratified by the
corporate authorities of each of the municipalities comprising each of
the water commissions agree to the joint purchase, construction,
operation, improvement or extension, or any combination thereof, of
either or both a waterworks system and a common source of supply of
water for those commissions. When such an agreement has been executed,
the water commissions entering into that agreement may jointly issue
revenue bonds for the projects subject to the agreement in the same
manner and subject to the same conditions as are provided in this
Division 135 in the case of an individual water commission.
Any additional municipality or water commission may join and become a
part of the system
provided for in this Division 135 in the same manner as if participating
at the time of formation if approved by majority vote of the water
commissioners and such approval is ratified by resolution of the corporate
authorities of a majority of the municipalities or water commissions
constituting
the commission; except that if a system is composed of two municipalities,
only the approval of a majority of the water commissioners is required to
accept an additional municipality or water commission to the system. If a
municipality or water commission has
been a continuous customer of the same water commission for a minimum of
20 years, receives at least 90% of its water from the water commission,
and the population of the municipality or water commission
exceeds
20% of the population of
the then current member municipalities in the water commission, that
municipality or water commission
shall become a part of the system.
In such event the name of the water commission may be
changed either to include the joining municipality's or water
commission's name or to provide
another name that is indicative of the area. The
membership of the
water commission shall be enlarged to include a member from such joining
municipality or water commission.
(Source: P.A. 91-659, eff. 12-22-99.)
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