Public Act 095-0050
 
HB0169 Enrolled LRB095 03969 HLH 24371 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Water District Act is amended by
changing Section 11 as follows:
 
    (70 ILCS 3705/11)  (from Ch. 111 2/3, par. 198)
    Sec. 11. The board of trustees of any such public water
district has the supervision and control of all waterworks
properties acquired or constructed by the district and has the
power and the duty to maintain, operate, extend and improve the
same. The board of trustees also has the power to sell and
dispose of property, real and personal, that is no longer
needed for its purposes. Except as otherwise provided in this
Section all contracts involving the expenditure by the district
of more than $20,000 5,000 for construction work or for the
purchase of equipment as improvements, extensions or
replacements shall be entered into only after notice inviting
bids shall have been published in a newspaper published in the
district, and if there is no such newspaper, in a newspaper
published in the county and having general circulation in the
district at least once not less than 10 days prior to the date
of making any such contract. Any obligations incurred by the
district of any kind or character whatsoever shall not in any
event constitute and be deemed an indebtedness within the
meaning of any of the provisions or limitations of the
constitution or of any statute, but all such obligations are
payable solely and only out of revenues derived from the
operation of the waterworks properties of the district or from
the proceeds of bonds issued, as hereinafter provided. No
continuing contract for the purchase of materials or supplies
(including a contract for a supply of water) or furnishing the
district with energy or power for pumping or for the supply of
water to any city, village or incorporated town, shall be
entered into for a longer period than 40 years.
    Contracts for a supply of water shall not be subject to
such provisions for public bidding. No prior appropriation
shall be required before entering into such a contract for a
supply of water and no appropriation shall be required to
authorize payments to be made under the terms of any such
contract. Payment to be made under any such supply contract
shall be an operation and maintenance expense of the waterworks
system of the district. Any such contract made by a district
for a supply of water may contain provisions whereby the
district is obligated to pay for such supply of water without
setoff or counterclaim and irrespective of whether such supply
of water is ever furnished, made available or delivered to the
district or whether any project for the supply of water
contemplated by any such contract is completed, operable or
operating and notwithstanding any suspension, interruption,
interference, reduction or curtailment of the supply of water
from such project. Any such contract may provide that if one or
more of the other purchasers of water defaults in the payment
of its obligations under such contract or a similar contract
made with the supplier of the water, one or more of the
remaining purchasers party to such contract or such similar
contract shall be required to pay for all or a portion of the
obligations of the defaulting purchasers.
    In the event of an emergency affecting or threatening the
public health or safety, in order to maintain the safety and
adequacy of service to the district's customers, the general
manager, with the consent of the board chairman or vice
chairman, may enter into contracts for necessary construction
work or for the purchase of supplies, materials, or equipment
without public advertisement. The general manager shall make a
full written report to the board of trustees detailing the
nature of the emergency, the responsive action taken by the
general manager, and the contracts made to resolve the
emergency.
(Source: P.A. 84-708; 84-967.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.