State of Illinois
90th General Assembly
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90_SB1868

      70 ILCS 2605/26           from Ch. 42, par. 348
          Amends the Metropolitan Water Reclamation  District  Act.
      Prohibits   any  city,  village  or  incorporated  town  from
      refusing  to  sell  water  to  another   city,   village   or
      incorporated town if such water is obtained from a lake under
      this  section.  The municipality may charge a rate sufficient
      to cover the costs of financing, constructing, operating, and
      maintaining its waterworks facilities.  If such  rate  cannot
      be agreed upon, such rate shall be fixed by the Circuit Court
      of Cook County.
                                                     SRS90S0082PMch
                                               SRS90S0082PMch
 1        AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
 2    District Act by changing Section 26.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Metropolitan Water  Reclamation  District
 6    Act is amended by changing Section 26 as follows:
 7        (70 ILCS 2605/26) (from Ch. 42, par. 348)
 8        Sec.  26.  Any city, village or incorporated town located
 9    in  any  such  sanitary  district  which  owns  a  system  of
10    waterworks and procures its supply of water from  a  lake  or
11    other source which will be saved from sewage pollution by the
12    construction  of  the  sewage facilities provided by this Act
13    shall  furnish  water  to  any   city,   village,   township,
14    incorporated  town  or  other municipal corporation within or
15    outside the boundaries of any such sanitary district in  such
16    quantities  as  may be required to supply consumers within or
17    outside said territory at no greater  price  or  charge  than
18    said  city, village or incorporated town charges and collects
19    of consumers within its limits through meters for like  large
20    quantities;  provided,  however, that any such city, village,
21    township, incorporated town or  other  municipal  corporation
22    making  application  for  the  sale  of  water to it shall be
23    required  to  build  or  cause  to  be  built  suitable   and
24    sufficient  water mains to the corporate limits of such city,
25    incorporated town or village so owning a system of waterworks
26    and supplying water as aforesaid to connect  with  the  water
27    mains and receive the water from such city, incorporated town
28    or village.
29        However,  where such a city, village or incorporated town
30    constructs and operates waterworks facilities such as  supply
31    mains,  pumping  stations,  reservoirs  and  other facilities
                            -2-                SRS90S0082PMch
 1    outside of its corporate limits and within 35  miles  of  the
 2    limits  thereof,  for the purpose of supplying improved water
 3    service  to  municipalities,  townships  and   water   system
 4    authorities which request such service, such city, village or
 5    incorporated   town   may  enter  into  contracts  with  such
 6    municipalities, townships and water system authorities  at  a
 7    higher  water  rate  than  the existing metered rate for like
 8    consumers within such city, village or incorporated  town  to
 9    allow  such  city,  village  or incorporated town to obtain a
10    fair return to cover the costs  of  financing,  constructing,
11    operating  and  maintaining the said improved facilities, and
12    in the event that thereafter such rates are not  agreed  upon
13    by the parties or are not otherwise provided for by contract,
14    such rates shall be fixed and determined by the Circuit Court
15    of Cook County upon petition filed therein; provided that the
16    right  of  any  municipal  corporation  within or outside the
17    sanitary district to obtain water from such a  city,  village
18    or  incorporated town at its corporate limits at the existing
19    metered rate for like consumers within the  corporate  limits
20    of  such  city,  village  or  incorporated  town shall remain
21    unimpaired.
22        No city, village or incorporated town which obtains water
23    indirectly from any city, village or incorporated town  which
24    procures  its  supply of water from a lake or other source of
25    water which will be saved  from  pollution  by  this  Act  as
26    described  hereinabove  shall  refuse to furnish water to any
27    city, village, township, incorporated town or other municipal
28    corporation within or outside  the  boundaries  of  any  such
29    sanitary   district,  provided  that  any  city,  village  or
30    incorporated town which obtains water indirectly may charge a
31    rate  sufficient   to   cover   the   costs   of   financing,
32    constructing,   operating   and  maintaining  its  waterworks
33    facilities  used  to  provide  water  service  to  any  city,
34    village,  township,  incorporated  town  or  other  municipal
                            -3-                SRS90S0082PMch
 1    corporation and in the event that thereafter such rate is not
 2    agreed upon by the parties or is not otherwise  provided  for
 3    by  contract,  such rate shall be fixed and determined by the
 4    Circuit Court of Cook County upon petition filed therein.
 5    (Source: P.A. 83-835.)

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