Sen. Eric Mattson
Filed: 1/5/2023
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1 | AMENDMENT TO HOUSE BILL 5061
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2 | AMENDMENT NO. ______. Amend House Bill 5061 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 11-135.5-15, 11-135.5-25, 11-135.5-35, and | ||||||
6 | 11-135.5-40 as follows: | ||||||
7 | (65 ILCS 5/11-135.5-15) | ||||||
8 | Sec. 11-135.5-15. Establishment of commission; members; | ||||||
9 | initial costs and funding. | ||||||
10 | (a) Establishment of commission. Two or more | ||||||
11 | municipalities, at least one of which is located in whole or in | ||||||
12 | part in the county of Cook, Kane, Kendall, Lake, McHenry, or | ||||||
13 | Will and has 140,000 or more inhabitants at the time of | ||||||
14 | establishment of a regional water commission, excluding cities | ||||||
15 | of 500,000 or more inhabitants, may acquire, either by | ||||||
16 | purchase or construction, a waterworks system or a common |
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1 | source of supply of water, or both, and may operate jointly a | ||||||
2 | waterworks system or a common source of supply of water, or | ||||||
3 | both, and improve and extend the same, as provided in this | ||||||
4 | Division. The municipality meeting the requirement to have | ||||||
5 | 140,000 or more inhabitants as required by this paragraph must | ||||||
6 | have attained that population as of December 16, 2021 ( the | ||||||
7 | effective date of Public Act 102-684) this amendatory Act of | ||||||
8 | the 102nd General Assembly . | ||||||
9 | The corporate authorities of the municipalities desiring | ||||||
10 | to avail themselves of the provisions of this Division shall | ||||||
11 | establish a regional water commission by adopting an ordinance | ||||||
12 | determining and electing to acquire and operate jointly a | ||||||
13 | waterworks system or a common source of supply of water, or | ||||||
14 | both, as the case may be, and approving an intergovernmental | ||||||
15 | agreement among the municipalities establishing the regional | ||||||
16 | water commission. This agreement may be amended at any time | ||||||
17 | upon the adoption , by the corporate authorities of all member | ||||||
18 | municipalities, of concurring ordinances approving the | ||||||
19 | amendment to the agreement by the corporate authorities of all | ||||||
20 | member municipalities . | ||||||
21 | (b) Addition or withdrawal of members; dissolution. The | ||||||
22 | agreement may provide for additional municipalities to join | ||||||
23 | the commission upon adoption of an ordinance by the corporate | ||||||
24 | authorities of the joining municipality and, upon such | ||||||
25 | consents, conditions, and approvals of the board of | ||||||
26 | commissioners and of existing member municipalities as shall |
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1 | be provided in the agreement. The agreement shall provide the | ||||||
2 | manner and terms on which a municipality may withdraw from | ||||||
3 | membership in the commission and on which the commission may | ||||||
4 | terminate and dissolve in whole or in part. | ||||||
5 | (c) Filing of agreement. Promptly upon entering into the | ||||||
6 | agreement or any amendment to it, a copy of such agreement or | ||||||
7 | amendment shall be filed in the office of the Secretary of | ||||||
8 | State. Promptly upon the addition or withdrawal of a | ||||||
9 | municipality, or, upon the dissolution of the commission, that | ||||||
10 | fact shall be certified by an officer of the commission to the | ||||||
11 | Secretary of State. | ||||||
12 | (d) Development costs. A municipality whose corporate | ||||||
13 | authorities adopted an ordinance and approved an | ||||||
14 | intergovernmental agreement to acquire and operate jointly a | ||||||
15 | waterworks system or a common source of supply of water, or | ||||||
16 | both, as the case may be, under the provisions of this | ||||||
17 | Division, may from time to time pay, advance, or obligate | ||||||
18 | itself to the commission to bear a proportionate share of the | ||||||
19 | development costs, including principal and interest, of any | ||||||
20 | project proposed by the commission, including plans, | ||||||
21 | feasibility reports, and engineering, even if the project is | ||||||
22 | never constructed or water is never supplied by the commission | ||||||
23 | to such municipality. | ||||||
24 | Whenever the corporate authorities of a municipality | ||||||
25 | determine that the municipality will pay, advance, or be | ||||||
26 | obligated for its proportionate share of development costs as |
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1 | provided in this subsection, they shall adopt an ordinance | ||||||
2 | declaring their intention that the municipality will do so, | ||||||
3 | fix the maximum amount of the municipality's share of the cost | ||||||
4 | the municipality proposes to pay or that the municipality will | ||||||
5 | advance or to obligate the municipality for, and fix the | ||||||
6 | period over which it is proposed to pay the obligation (not | ||||||
7 | exceeding 10 years), and the maximum amount to be paid | ||||||
8 | annually, if such obligation is to be paid in installments. | ||||||
9 | The time of payment of any such installment obligation may be | ||||||
10 | extended for a period not exceeding 10 years from the final | ||||||
11 | maturity date of the original obligation. On and after the | ||||||
12 | date such ordinance becomes effective, the municipality shall | ||||||
13 | include an amount sufficient to pay the annual installments of | ||||||
14 | its obligation each year in the next succeeding appropriation | ||||||
15 | ordinances. The commission may require that if any such | ||||||
16 | municipality whose corporate authorities determined to pay, to | ||||||
17 | advance, or to obligate the municipality to the commission for | ||||||
18 | development costs defaults in such payments, advances, or | ||||||
19 | obligations, then the remaining municipalities whose corporate | ||||||
20 | authorities have determined to pay, to advance, or to obligate | ||||||
21 | the respective municipalities to the commission for | ||||||
22 | development costs will be required to pay for all or a portion | ||||||
23 | of the payments, advances by, or obligations of the defaulting | ||||||
24 | municipality. No prior appropriation shall be required for the | ||||||
25 | corporate authorities of a municipality to authorize the | ||||||
26 | payments, advances, or obligations herein provided for. |
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1 | Whenever the corporate authorities of a municipality have | ||||||
2 | obligated the municipality for development costs as herein | ||||||
3 | provided and after the effective date of the ordinance under | ||||||
4 | which the municipality became obligated for a specific amount | ||||||
5 | for development costs of a project and after approval of such | ||||||
6 | obligation by the commission, the commission is authorized to | ||||||
7 | borrow funds temporarily for payment of such development costs | ||||||
8 | in advance of permanent financing. The commission may from | ||||||
9 | time to time and pursuant to an appropriate ordinance or | ||||||
10 | resolution borrow money and issue its interim notes to | ||||||
11 | evidence borrowings for such purpose, including all necessary | ||||||
12 | and incidental expenses in connection therewith. | ||||||
13 | An ordinance or resolution authorizing the issuance of | ||||||
14 | such notes shall describe the project and the development | ||||||
15 | costs to be undertaken and specify the principal amount, rate | ||||||
16 | of interest as authorized under Section 2 of the Bond | ||||||
17 | Authorization Act, and the maturity date, which shall coincide | ||||||
18 | with the due date of the obligations or the installments | ||||||
19 | thereof incurred by the respective municipalities pursuant to | ||||||
20 | this Section not, however, to exceed 10 years from date. | ||||||
21 | Contemporaneously with the issuance of revenue bonds under | ||||||
22 | Section 11-135.5-30, all outstanding interim notes issued for | ||||||
23 | development costs of a project though they have not then | ||||||
24 | matured shall be paid, both principal and interest to date of | ||||||
25 | payment, from funds derived from the sale of revenue bonds for | ||||||
26 | the permanent financing of any such project for which interim |
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1 | notes may have been issued and such interim notes shall be | ||||||
2 | surrendered and cancelled, or, in the alternative, the | ||||||
3 | commission may determine to pay such interim notes out of | ||||||
4 | receipts from other sources available to the commission, | ||||||
5 | including grants and loans. | ||||||
6 | Whenever a member municipality has incurred development | ||||||
7 | costs for a project and has advanced funds or otherwise | ||||||
8 | obligated itself for the payment of such costs, the commission | ||||||
9 | is authorized to accept assignment of such debt instruments | ||||||
10 | and the payment obligations thereunder and to thereafter make | ||||||
11 | all necessary payments to meet such obligations out of | ||||||
12 | receipts from other sources available to the commission, | ||||||
13 | including grants and loans , or provide for credits against | ||||||
14 | amounts otherwise due to the commission from the municipality, | ||||||
15 | including interest on the amounts due . | ||||||
16 | As used in this subsection, "development costs" means the | ||||||
17 | costs of development of a project, including debt incurred and | ||||||
18 | principal and interest payments, whether incurred by the | ||||||
19 | commission or a member municipality. | ||||||
20 | (e) Construction and operating costs. A municipality, the | ||||||
21 | corporate authorities of which adopted an ordinance and | ||||||
22 | approved an intergovernmental agreement to acquire and operate | ||||||
23 | jointly a waterworks system or a common source of supply of | ||||||
24 | water, or both, as the case may be, under the provisions of | ||||||
25 | this Division, may from time to time pay, advance, or obligate | ||||||
26 | itself to the commission to bear a proportionate share of the |
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1 | construction and operating costs of any project proposed by | ||||||
2 | the commission. | ||||||
3 | Whenever the corporate authorities of a municipality | ||||||
4 | determine that the municipality will pay, advance, or be | ||||||
5 | obligated for its proportionate share of construction or | ||||||
6 | operating costs as above provided, they shall adopt an | ||||||
7 | ordinance declaring their intention to do so, fix the maximum | ||||||
8 | amount of the municipality's share of the cost it proposes to | ||||||
9 | pay, to advance, or to obligate itself for, and fix the period | ||||||
10 | over which it is proposed to pay the obligation, and state the | ||||||
11 | maximum amount to be paid annually, if such obligation is to be | ||||||
12 | paid in installments. On and after the date such ordinance | ||||||
13 | becomes effective, the municipality shall include an amount | ||||||
14 | sufficient to pay the annual installments of its obligation | ||||||
15 | each year in the next succeeding appropriation ordinances. The | ||||||
16 | commission may require that if any such municipality whose | ||||||
17 | corporate authorities determined that the municipality will | ||||||
18 | pay, advance, or be obligated to the commission for | ||||||
19 | construction or operating costs defaults in such payments, | ||||||
20 | advances, or obligations, then the remaining municipalities | ||||||
21 | whose corporate authorities have determined that the | ||||||
22 | municipality will pay, advance, or be obligated to the | ||||||
23 | commission for construction or operating costs will be | ||||||
24 | required to pay for all or a portion of the payments, advances | ||||||
25 | by, or obligations of the defaulting municipality. No prior | ||||||
26 | appropriation shall be required for the corporate authorities |
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1 | of a municipality to authorize the payments, advances, or | ||||||
2 | obligations herein provided for. | ||||||
3 | Whenever a municipality, through its corporate | ||||||
4 | authorities, has paid, advanced, or obligated the municipality | ||||||
5 | for development, construction, or operating costs as herein | ||||||
6 | provided, the commission may contract with the municipality, | ||||||
7 | on such terms as may be agreed, for the repayment to the | ||||||
8 | municipality by the commission of any payment or advance made | ||||||
9 | by the municipality to the commission and to charge, in | ||||||
10 | addition to all other charges and rates authorized under this | ||||||
11 | Division, such rates and charges for water sold by the | ||||||
12 | commission as shall be necessary to provide for such | ||||||
13 | repayment. In addition, any payment or advance of such costs | ||||||
14 | made by a municipality pursuant to this Section may be repaid | ||||||
15 | by the commission to the municipality : (i) from the proceeds | ||||||
16 | of revenue bonds authorized to be issued by the commission | ||||||
17 | pursuant to this Division ; (ii) or, in the alternative, the | ||||||
18 | commission may determine to pay all or part of such amounts out | ||||||
19 | of receipts from other sources available to the commission, | ||||||
20 | including grants and loans ; or (iii) by the commission | ||||||
21 | providing credits against amounts otherwise due to the | ||||||
22 | commission from the municipality, including interest on the | ||||||
23 | amounts due . | ||||||
24 | Whenever a member municipality has incurred construction | ||||||
25 | and operating costs for a project and has advanced funds or | ||||||
26 | otherwise obligated itself for the payment of such costs, the |
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1 | commission is authorized to accept assignment of such debt | ||||||
2 | instruments and the payment obligations thereunder and to | ||||||
3 | thereafter make all necessary payments to meet such | ||||||
4 | obligations : (i) from the proceeds of revenue bonds authorized | ||||||
5 | to be issued by the commission pursuant to this Division ; (ii) | ||||||
6 | or, in the alternative, the commission may determine to pay | ||||||
7 | all or part of such amounts out of receipts from other sources | ||||||
8 | available to the commission, including grants and loans ; or | ||||||
9 | (iii) by the commission providing credits against amounts | ||||||
10 | otherwise due to the commission from the municipality, | ||||||
11 | including interest on the amounts due . | ||||||
12 | As used in this subsection, "construction and operating | ||||||
13 | costs" means the costs of construction and operation of a | ||||||
14 | project, including debt incurred and principal and interest | ||||||
15 | payments, whether incurred by the commission or a member | ||||||
16 | municipality. | ||||||
17 | (f) Commission facilities. A waterworks system or a common | ||||||
18 | source of supply of water, or both, purchased or constructed | ||||||
19 | by the commission: (1) may be located within or without the | ||||||
20 | corporate limits of any member municipality; (2) may include, | ||||||
21 | or may consist of, without limitation, facilities for | ||||||
22 | receiving, storing, and transmitting water from any source for | ||||||
23 | supplying water to member municipalities and other purchasers | ||||||
24 | of water from the commission; and (3) may include, without | ||||||
25 | limitation, facilities that are developed, acquired, | ||||||
26 | constructed, extended, or improved by the commission that may |
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1 | at any time be owned by another unit of local government if | ||||||
2 | such facilities will serve the waterworks system or provide a | ||||||
3 | common source of supply of water for the commission.
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4 | (Source: P.A. 102-684, eff. 12-16-21.) | ||||||
5 | (65 ILCS 5/11-135.5-25) | ||||||
6 | Sec. 11-135.5-25. Board organization and powers. | ||||||
7 | (a) Organization of board. A commission shall organize by | ||||||
8 | electing a chair from among its own members and shall elect | ||||||
9 | persons, who need not be commissioners, to such other offices | ||||||
10 | as shall be designated in the agreement. It shall adopt its own | ||||||
11 | bylaws, rules, and regulations and provide for its meetings. | ||||||
12 | The commission has full and complete supervision, management, | ||||||
13 | and control of the waterworks system or the common source of | ||||||
14 | supply of water, or both, as provided in the agreement and | ||||||
15 | ordinances for acquiring and operating the same, and in their | ||||||
16 | maintenance, operation, and extension. The board of | ||||||
17 | commissioners shall determine the general policy of the | ||||||
18 | commission, shall approve the annual budget, shall make all | ||||||
19 | appropriations (which may include appropriations made at any | ||||||
20 | time in addition to those made in any annual appropriation | ||||||
21 | document), shall approve all contracts for the purchase or | ||||||
22 | sale of water, shall adopt ordinances or resolutions providing | ||||||
23 | for the issuance of bonds or notes by the commission, shall | ||||||
24 | adopt its bylaws, rules, and regulations, and shall have such | ||||||
25 | other powers and duties as may be prescribed in the agreement. |
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1 | Such agreement may further specify the voting and approval | ||||||
2 | requirements for actions regarding the commission's powers and | ||||||
3 | duties, including those powers and actions of the commission | ||||||
4 | which shall be authorized only upon votes of greater than a | ||||||
5 | majority of all commissioners or only upon consents of the | ||||||
6 | corporate authorities of a certain number of member | ||||||
7 | municipalities, or both. | ||||||
8 | The agreement may provide for the establishment of a | ||||||
9 | technical advisory committee to consist of a municipal | ||||||
10 | employee member from each member municipality as designated by | ||||||
11 | ordinance or other official action, from time to time by the | ||||||
12 | corporate authorities of the member municipality, and having | ||||||
13 | the qualifications as prescribed in the agreement, and also | ||||||
14 | may provide for such functions and duties of the committee as | ||||||
15 | will support the efficient administration and operation of the | ||||||
16 | commission. | ||||||
17 | The board of commissioners may establish other committees | ||||||
18 | from time to time, consisting of either members of the board or | ||||||
19 | members who are municipal employees from each member | ||||||
20 | municipality, in order to support the efficient administration | ||||||
21 | and operation of the commission. | ||||||
22 | (b) Water contracts to acquire water supply. A commission | ||||||
23 | may contract to acquire a supply of water on such terms and | ||||||
24 | conditions as it finds in the best interests of the commission | ||||||
25 | for a period not exceeding 101 years. The term of the water | ||||||
26 | supply contract may, at the end of the initial or extended |
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1 | term, be extended by an amendment, renewal, or revision beyond | ||||||
2 | 101 years by further agreement of the parties. A commission | ||||||
3 | may contract with any person, corporation, political | ||||||
4 | subdivision, municipal corporation, or other governmental or | ||||||
5 | non-governmental entity for a supply of water, and any such | ||||||
6 | political subdivision, municipal corporation, or other | ||||||
7 | governmental entity is authorized to enter into such a | ||||||
8 | contract with the commission. A commission may accept from a | ||||||
9 | municipality that is a member of the commission the assignment | ||||||
10 | of a contract to acquire a supply of water and to accept and | ||||||
11 | perform the duties and obligations and make all payments | ||||||
12 | required pursuant to such assigned contract. | ||||||
13 | A contract made by or assigned to a commission for a supply | ||||||
14 | of water may contain provisions whereby the commission is | ||||||
15 | obligated to pay for such supply of water without setoff or | ||||||
16 | counterclaim and irrespective of whether such supply of water | ||||||
17 | is ever furnished, made available, or delivered to the | ||||||
18 | commission or whether any project for the supply of water | ||||||
19 | contemplated by the contract is completed, operable, or | ||||||
20 | operating and notwithstanding any suspension, interruption, | ||||||
21 | interference, reduction, or curtailment of the supply of water | ||||||
22 | from such project. | ||||||
23 | No prior appropriation shall be required before entering | ||||||
24 | into or accepting assignment of such contract, and no | ||||||
25 | appropriation shall be required to authorize payments to be | ||||||
26 | made under the terms of the contract, notwithstanding any |
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1 | provision of this Code to the contrary. The contract shall not | ||||||
2 | be a debt within the meaning of any statutory or | ||||||
3 | constitutional limitations. | ||||||
4 | (c) Water contracts to provide water supply to members. | ||||||
5 | The commission is authorized to contract with the | ||||||
6 | municipalities which established the commission, and with | ||||||
7 | other municipalities that have become members pursuant to the | ||||||
8 | process established in the intergovernmental agreement, for a | ||||||
9 | supply of water to those municipalities, for a period not | ||||||
10 | exceeding 101 years, and those municipalities are authorized | ||||||
11 | to enter into such contracts with the commission. The term of | ||||||
12 | the water supply contract may, at the end of the initial or | ||||||
13 | extended term, be extended by an amendment, renewal, or | ||||||
14 | revision beyond 101 years by further agreement of the parties. | ||||||
15 | Any such contract made by a commission and any such | ||||||
16 | municipalities to supply water may contain provisions whereby | ||||||
17 | the purchasing municipality is obligated to pay for such | ||||||
18 | supply of water without setoff or counterclaim and | ||||||
19 | irrespective of whether such supply of water is ever | ||||||
20 | furnished, made available, or delivered to the purchasing | ||||||
21 | municipality or whether any project for the supply of water | ||||||
22 | contemplated by any such contract is completed, operable, or | ||||||
23 | operating and notwithstanding any suspension, interruption, | ||||||
24 | interference, reduction, or curtailment of the supply of water | ||||||
25 | from such project. Any such contract may provide that if one or | ||||||
26 | more of the other purchasers' defaults in the payment of its |
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1 | obligations under the contract or similar contract made with | ||||||
2 | the supplier of the water, the remaining purchasers party to | ||||||
3 | such contract or such similar contract shall be required to | ||||||
4 | pay for all or a portion of the obligations of the defaulting | ||||||
5 | purchaser. Each municipality that enters into such a contract | ||||||
6 | shall be obligated and have the duty to include an amount | ||||||
7 | sufficient to pay the annual amount of its obligation each | ||||||
8 | year in the next succeeding appropriation ordinances. No prior | ||||||
9 | appropriation shall be required for a municipality to | ||||||
10 | authorize the payments, advances, or obligations provided for | ||||||
11 | in such contracts or this subsection. | ||||||
12 | (d) Water contracts to provide water supply to nonmembers | ||||||
13 | and extend system. A commission may supply water to and | ||||||
14 | contract with a person, corporation, political subdivision, | ||||||
15 | municipal corporation, or other governmental or | ||||||
16 | non-governmental entity, in addition to the municipalities | ||||||
17 | which have formed the commission and other municipalities that | ||||||
18 | have become members pursuant to the process established in the | ||||||
19 | intergovernmental agreement, and to construct water | ||||||
20 | transmission and distribution lines within a radius of 25 | ||||||
21 | miles outside the corporate limits of member municipalities | ||||||
22 | for the purpose of furnishing water to any additional entities | ||||||
23 | which contract with the commission for a supply of water, upon | ||||||
24 | such payment, terms, and conditions as may be mutually agreed | ||||||
25 | upon. Any such contract shall be a continuing, valid, and | ||||||
26 | binding obligation of the purchaser for such period of years, |
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1 | not to exceed 40, as may be provided in such contract. | ||||||
2 | Any such contract entered into to supply water to a | ||||||
3 | municipal corporation or political subdivision shall provide | ||||||
4 | that the payments to be made thereunder shall be from the | ||||||
5 | revenues to be derived by such municipality or political | ||||||
6 | subdivision from the operation of the waterworks system or | ||||||
7 | combined waterworks and sewer system of such municipality or | ||||||
8 | political subdivision or from receipts from other sources | ||||||
9 | available to the municipality or political subdivision, | ||||||
10 | including grants and loans. Any such contract made by a | ||||||
11 | commission and a purchaser that is such a municipal | ||||||
12 | corporation or political subdivision to supply water may | ||||||
13 | contain provisions whereby the purchaser is obligated to pay | ||||||
14 | for such supply of water without setoff or counterclaim and | ||||||
15 | irrespective of whether such supply of water is ever | ||||||
16 | furnished, made available, or delivered to the purchaser or | ||||||
17 | whether any project for the supply of water contemplated by | ||||||
18 | any such contract is completed, operable, or operating and | ||||||
19 | notwithstanding any suspension, interruption, interference, | ||||||
20 | reduction, or curtailment of the supply of water from such | ||||||
21 | project. The contract may provide that, if one or more of the | ||||||
22 | other purchasers defaults in the payment of its obligations | ||||||
23 | under such contract or similar contract made with the supplier | ||||||
24 | of the water, the remaining purchasers party to such contract | ||||||
25 | or such similar contract shall be required to pay for all or a | ||||||
26 | portion of the obligations of the defaulting purchaser. Each |
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1 | municipal corporation or political subdivision that enters | ||||||
2 | into such a contract shall be obligated and have the duty to | ||||||
3 | include an amount sufficient to pay the annual amount of its | ||||||
4 | obligation each year in the next succeeding appropriation | ||||||
5 | ordinances. No prior appropriation shall be required for a | ||||||
6 | municipality or political subdivision to authorize the | ||||||
7 | payments, advances, or obligations provided for in such | ||||||
8 | contracts or this subsection. Any such contract shall not be a | ||||||
9 | debt within the meaning of any statutory or constitutional | ||||||
10 | limitations. | ||||||
11 | (e) Additional powers. In addition to any other powers set | ||||||
12 | forth in this Division and in the agreement, a commission has | ||||||
13 | the following powers: | ||||||
14 | (1) The power to enter into intergovernmental police | ||||||
15 | assistance agreements with any municipality or county. | ||||||
16 | (2) The power to enter into intergovernmental | ||||||
17 | agreements with any unit of local government or other | ||||||
18 | governmental entity in order to carry out the purposes for | ||||||
19 | which the commission was formed.
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20 | (Source: P.A. 102-684, eff. 12-16-21.) | ||||||
21 | (65 ILCS 5/11-135.5-35) | ||||||
22 | Sec. 11-135.5-35. Revenues; rates; costs; construction | ||||||
23 | contracts. | ||||||
24 | (a) Revenue fund. Whenever bonds are issued under this | ||||||
25 | Division, the revenue received from the operation of the |
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1 | properties under the control of the commission shall be set | ||||||
2 | aside as collected and deposited in a separate fund to be used | ||||||
3 | only (1) in paying the cost of the operation and maintenance of | ||||||
4 | those properties, (2) in providing an adequate depreciation | ||||||
5 | fund, (3) in paying the principal of and interest upon the | ||||||
6 | revenue bonds issued by the commission, as provided by this | ||||||
7 | Division, (4) to comply with the covenants of the ordinance or | ||||||
8 | resolution, or the master trust indenture or any applicable | ||||||
9 | supplemental trust indenture or both, authorizing the issuance | ||||||
10 | of such bonds, and (5) to carry out the corporate purposes and | ||||||
11 | powers of the commission. | ||||||
12 | (b) Rates and charges for waterworks system. If the | ||||||
13 | commission has charge of the operation of a complete | ||||||
14 | waterworks system, including the distribution mains, the | ||||||
15 | commission shall establish rates and charges for water and the | ||||||
16 | use of commission waterworks system facilities, which shall be | ||||||
17 | sufficient at all times to pay the cost of operation and | ||||||
18 | maintenance, to provide an adequate depreciation fund, to pay | ||||||
19 | the principal of and interest upon all revenue bonds issued as | ||||||
20 | provided by this Division, to comply with the covenants of the | ||||||
21 | ordinance or resolution, or the master trust indenture or any | ||||||
22 | applicable supplemental trust indenture or both, authorizing | ||||||
23 | the issuance of such bonds, and to carry out the corporate | ||||||
24 | purposes and powers of the commission. Charges and rates shall | ||||||
25 | be established, revised, and maintained by ordinance and | ||||||
26 | become payable as the commission may determine by ordinance. |
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1 | (c) Rates and charges for water source of supply. If the | ||||||
2 | commission has charge of the operation of a common source of | ||||||
3 | supply of water, the municipalities represented by the | ||||||
4 | commission shall contract with the commission for water. These | ||||||
5 | municipalities shall establish such charges and rates for | ||||||
6 | water supplied by them to consumers as will be sufficient at | ||||||
7 | all times (1) to pay the cost of operation and maintenance of | ||||||
8 | the respective waterworks systems (or combined waterworks and | ||||||
9 | sewerage systems) of the municipalities, (2) to provide an | ||||||
10 | adequate depreciation fund therefor, (3) to pay the principal | ||||||
11 | of and interest on all revenue bonds of the municipalities | ||||||
12 | payable from the revenues of the waterworks system (or | ||||||
13 | combined waterworks and sewerage system), and (4) to pay the | ||||||
14 | charges and rates established by the commission for the sale | ||||||
15 | of water by the commission to, and the use of commission | ||||||
16 | waterworks system facilities by, those municipalities. The | ||||||
17 | commission shall establish such charges and rates for water | ||||||
18 | supplied to those municipalities and the use of commission | ||||||
19 | waterworks system facilities as will be sufficient at all | ||||||
20 | times (1) to pay the cost of operation and maintenance of the | ||||||
21 | common source of supply of water, (2) to provide an adequate | ||||||
22 | depreciation fund therefor, (3) to pay the principal of and | ||||||
23 | interest on the revenue bonds issued by the commission, (4) to | ||||||
24 | comply with the covenants of the ordinance or resolution, or | ||||||
25 | the master trust indenture or any applicable supplemental | ||||||
26 | trust indenture or both, authorizing the issuance of such |
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1 | bonds, and (5) to carry out the corporate purposes and powers | ||||||
2 | of the commission, under the provisions of this Division. | ||||||
3 | Contracts entered into between the commission and the | ||||||
4 | specified municipalities shall include covenants for the | ||||||
5 | establishment of rates and charges as provided in this | ||||||
6 | Section. | ||||||
7 | (d) Pension costs. Contributions to a retirement fund or | ||||||
8 | other pension alternative authorized by the Illinois Pension | ||||||
9 | Code, including, without limitation, the Illinois Municipal | ||||||
10 | Retirement Fund, by commissions created under this Division | ||||||
11 | which have been included under the retirement fund or other | ||||||
12 | pension alternative shall be considered a cost of operation | ||||||
13 | and maintenance for the purposes of this Section. | ||||||
14 | (e) Enforcement of obligations. An owner A holder of a | ||||||
15 | bond or of any of its coupons issued under this Division , a | ||||||
16 | trustee under a master trust indenture or supplemental trust | ||||||
17 | indenture or both with respect to the bonds issued under this | ||||||
18 | Division, or both the owner and trustee may , in a civil action, | ||||||
19 | mandamus action , or other proceeding, may enforce and compel | ||||||
20 | performance of all duties required by this Division to be | ||||||
21 | performed by such a commission or by any of the | ||||||
22 | municipalities, including the making of rates and charges, the | ||||||
23 | collecting of sufficient revenue, and the application thereof, | ||||||
24 | as provided in this Division. | ||||||
25 | (f) Construction contracts. All or any portion of a | ||||||
26 | waterworks system or other public improvement of such a |
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1 | commission, when the expense thereof will exceed the greater | ||||||
2 | of (i) $25,000 or (ii) the amount of expense above which a work | ||||||
3 | or public improvement by a municipality must be let to the | ||||||
4 | lowest responsible bidder after advertising for bids under | ||||||
5 | Section 8-9-1 of this Code, shall be constructed, maintained, | ||||||
6 | or repaired either: (1) by a contract let to the lowest | ||||||
7 | responsible bidder after advertising for bids, in the manner | ||||||
8 | prescribed by the commission's bylaws, rules, and regulations | ||||||
9 | and by the vote required as established in the | ||||||
10 | intergovernmental agreement pursuant to Section 11-135.5-25; | ||||||
11 | or (2) without advertising for bids, if authorized by a vote of | ||||||
12 | greater than a majority of all the commissioners as | ||||||
13 | established in the intergovernmental agreement pursuant to | ||||||
14 | Section 11-135.5-25. The commission's bylaws, rules, and | ||||||
15 | regulations shall provide for an alternative procedure for | ||||||
16 | emergency procurement if an emergency makes it impracticable | ||||||
17 | to follow the procedures in this subsection. | ||||||
18 | (g) Alternative project delivery. A commission may use | ||||||
19 | alternative project delivery methods if the commission | ||||||
20 | determines it to be in the commission's best interest for a | ||||||
21 | particular project. An alternative project delivery method may | ||||||
22 | include, without limitation, design-build or | ||||||
23 | construction-manager-at-risk. All notices for the procurement | ||||||
24 | of goods, services, or work to be provided pursuant to an | ||||||
25 | alternate delivery method shall include all requirements for | ||||||
26 | the goods, services, or work to be procured. All awards of |
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1 | contracts or agreements for the procurement of goods, | ||||||
2 | services, or work to be provided pursuant to an alternate | ||||||
3 | delivery method shall be made on the basis of demonstrated | ||||||
4 | competence and qualifications and with due regard for the | ||||||
5 | principles of competitive selection. As part of an alternate | ||||||
6 | project delivery procurement process, prior to submission of | ||||||
7 | proposals, the commission may conduct meetings and exchange | ||||||
8 | confidential information with proposers to promote | ||||||
9 | understanding of the request for proposals, review alternative | ||||||
10 | design concepts, or discuss other issues related to the | ||||||
11 | procurement. | ||||||
12 | As used in this subsection: | ||||||
13 | "Construction-manager-at-risk" means a delivery method in | ||||||
14 | which the party proposing to be the construction manager | ||||||
15 | commits to be responsible for performance of certain | ||||||
16 | preconstruction services and, if the parties reach agreement | ||||||
17 | on key terms, becomes responsible for construction of the | ||||||
18 | project. | ||||||
19 | "Design-build" means a delivery method that provides | ||||||
20 | responsibility within a single contract for furnishing the | ||||||
21 | architectural, engineering, land-surveying, and related | ||||||
22 | services for the project, as well as the labor, materials, | ||||||
23 | equipment, and other construction services for the project. | ||||||
24 | (h) Procurement goals and requirements. A commission may | ||||||
25 | establish goals or requirements for the procurement of goods | ||||||
26 | and services and for construction contracts to promote and |
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1 | encourage the continuing economic development of (i) | ||||||
2 | businesses that are owned and operated by minorities, women, | ||||||
3 | persons with disabilities, or veterans; (ii) businesses that | ||||||
4 | are located within the territory of one or more of the | ||||||
5 | municipalities that are members of the commission; (iii) | ||||||
6 | businesses that employ persons who reside in the territory of | ||||||
7 | one or more of the municipalities that are members of the | ||||||
8 | commission; (iv) businesses that are located within the | ||||||
9 | territory of a municipality having more than 2,000,000 | ||||||
10 | inhabitants in which a portion of the commission's waterworks | ||||||
11 | system or other commission improvement is located; or (v) | ||||||
12 | businesses that employ persons who reside in the territory of | ||||||
13 | a municipality having more than 2,000,000 inhabitants in which | ||||||
14 | a portion of the commission's waterworks system or other | ||||||
15 | commission improvement is located. | ||||||
16 | A commission may also establish other goals or | ||||||
17 | requirements that result in the award to a responsible bidder | ||||||
18 | other than the lowest responsible bidder if the commission | ||||||
19 | determines that the award is in the commission's best | ||||||
20 | interests, notwithstanding the requirements of subsection (f). | ||||||
21 | Goals or requirements that are set by a commission that result | ||||||
22 | in a preference being applied to a bidder or proposer, who has | ||||||
23 | met those goals or requirements, in a commission's process for | ||||||
24 | awarding construction contracts and for the procurement of | ||||||
25 | goods and services must comply with the constitutional | ||||||
26 | standards applicable to the preferences. |
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1 | (i) Contract assignment. A member municipality may enter | ||||||
2 | into a contract for any portion of a waterworks system or other | ||||||
3 | public improvement of a commission pursuant to a contracting | ||||||
4 | method that is consistent with the requirements applicable to | ||||||
5 | the municipality and generally consistent with the principles | ||||||
6 | in subsection (f) or (g). The commission may accept assignment | ||||||
7 | of such a contract and of payment obligations under that | ||||||
8 | contract. | ||||||
9 | (j) (g) Project labor agreement. In connection with a | ||||||
10 | contract by a commission for the construction of all or any | ||||||
11 | portion of a waterworks system or other public improvement of | ||||||
12 | the commission, the commission must enter into a project labor | ||||||
13 | agreement with the applicable local building trades council | ||||||
14 | prior to the commencement of any and all construction, | ||||||
15 | building, renovation, demolition, or any material change to | ||||||
16 | the structure or land.
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17 | (Source: P.A. 102-684, eff. 12-16-21.) | ||||||
18 | (65 ILCS 5/11-135.5-40) | ||||||
19 | Sec. 11-135.5-40. Property. | ||||||
20 | (a) Generally. A commission may (i) acquire, hold, sell, | ||||||
21 | lease as lessor or lessee, transfer, or dispose of real or | ||||||
22 | personal property, or interest therein, and (ii) acquire by | ||||||
23 | gift, legacy, or grant any real estate or personal property, | ||||||
24 | or rights therein, in all such instances as it deems | ||||||
25 | appropriate in the exercise of its powers for its lawful |
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1 | purposes, whether the land or personal property is located | ||||||
2 | within or outside the boundaries of the members of the | ||||||
3 | commission. The commission also may accept any grant, subsidy, | ||||||
4 | or contribution from the United States, the State of Illinois, | ||||||
5 | a unit of local government, or any other governmental entity, | ||||||
6 | or any combination thereof. | ||||||
7 | (b) Private property. Whenever a commission passes an | ||||||
8 | ordinance for the construction or acquisition of any | ||||||
9 | waterworks properties, or improvements or extension or mains, | ||||||
10 | pumping stations, reservoirs, or other appurtenances thereto, | ||||||
11 | which such commission is authorized to make, the making of | ||||||
12 | which will require that private property be taken or damaged, | ||||||
13 | such commission may cause compensation therefor to be | ||||||
14 | ascertained and may condemn and acquire possession thereof in | ||||||
15 | the same manner as nearly as may be, as provided for the | ||||||
16 | exercise of the right of eminent domain under the Eminent | ||||||
17 | Domain Act. However, proceedings to ascertain the compensation | ||||||
18 | to be paid for taking or damaging private property shall be | ||||||
19 | instituted in the circuit court of the county where the | ||||||
20 | property sought to be taken or damaged is situated. | ||||||
21 | (c) Public property. When a commission created under this | ||||||
22 | Division requires that public property be taken or damaged for | ||||||
23 | the purposes specified in this Section, the commission may | ||||||
24 | condemn and acquire possession of public property and cause | ||||||
25 | compensation for such public property to be ascertained in the | ||||||
26 | same manner provided for the exercise of the right of eminent |
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1 | domain under the Eminent Domain Act while the commission has | ||||||
2 | the power to initiate action in the manner provided by Article | ||||||
3 | 20 of the Eminent Domain Act. | ||||||
4 | (d) Schedule for Acquisition. If a commission created | ||||||
5 | under this Division determines that negotiations for the | ||||||
6 | acquisition of property or easements for making any | ||||||
7 | improvement, which such commission is authorized to make, have | ||||||
8 | proven unsuccessful and, the commission shall have, by | ||||||
9 | resolution, adopted a schedule or plan of operation for the | ||||||
10 | execution of the project and therein made a finding that it is | ||||||
11 | necessary to take such property or easements immediately or at | ||||||
12 | some specified later date in order to comply with the | ||||||
13 | schedule, the commission may commence proceedings to acquire | ||||||
14 | such property or easements in the same manner provided in | ||||||
15 | Article 20 of the Eminent Domain Act (quick-take procedure), | ||||||
16 | except that, if the property or easement is located in a | ||||||
17 | municipality having more than 2,000,000 inhabitants, the | ||||||
18 | commission may not commence such proceedings until the | ||||||
19 | acquisition has been approved by ordinance of the corporate | ||||||
20 | authorities of the municipality. | ||||||
21 | (e) Highways and public ground. A commission may | ||||||
22 | construct, maintain, alter, and extend its water mains as a | ||||||
23 | proper use of highways along, upon, under, and across any | ||||||
24 | highway, street, alley, or public ground in the State, | ||||||
25 | including highways within a municipality, but so as not to | ||||||
26 | inconvenience the public use thereof, and the commission may |
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1 | construct, maintain, and operate any conduit or conduits, | ||||||
2 | water pipe or pipes, wholly or partially buried or otherwise | ||||||
3 | in, upon, and along any of the lands owned by the State and | ||||||
4 | under any of the public waters therein. However, the right, | ||||||
5 | permission, and authority hereby created shall be subject to | ||||||
6 | all public rights of commerce and navigation and the authority | ||||||
7 | of the United States in behalf of such public rights and also | ||||||
8 | the laws of the State to regulate and control the same. Notice | ||||||
9 | shall be given to the highway authorities of a municipality, | ||||||
10 | county, township, road district, or township district in which | ||||||
11 | such highway, street, or public way may be situated at least 60 | ||||||
12 | days before any construction or installation work in such | ||||||
13 | highway or street shall commence. All laws and ordinances | ||||||
14 | pertaining to such work for the protection of the public and of | ||||||
15 | public property shall be complied with, except that no fee may | ||||||
16 | be charged such commission for the construction or | ||||||
17 | installation of such facilities in such public places. | ||||||
18 | (f) (e) Surplus property. When, in the opinion of a | ||||||
19 | commission, real estate owned by it, however acquired, is no | ||||||
20 | longer necessary, appropriate, required for the use of, | ||||||
21 | profitable to, or for best interest of the commission, such | ||||||
22 | commission may, by resolution, lease such surplus real estate | ||||||
23 | for a period not to exceed 99 years or sell such surplus real | ||||||
24 | estate, in accordance with procedures established in the | ||||||
25 | intergovernmental agreement or bylaws or adopted by resolution | ||||||
26 | by such commission. |
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1 | (g) (f) Tax exemption. All property, income, and receipts | ||||||
2 | of or transactions by a commission shall be exempt from all | ||||||
3 | taxation, the same as if it were the property, income, or | ||||||
4 | receipts of or transaction by the member municipalities. | ||||||
5 | (h) (g) Agricultural impact mitigation agreement. For any | ||||||
6 | private property that is used for agricultural purposes, as | ||||||
7 | defined in Section 1-60 of the Property Tax Code, that is | ||||||
8 | damaged or taken by a commission created under this Division, | ||||||
9 | the commission shall enter into an agricultural impact | ||||||
10 | mitigation agreement with the Illinois Department of | ||||||
11 | Agriculture to ensure any negative impacts to private property | ||||||
12 | are properly mitigated.
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13 | (Source: P.A. 102-684, eff. 12-16-21.) | ||||||
14 | Section 10. The Eminent Domain Act is amended by adding | ||||||
15 | Section 25-5-105 as follows: | ||||||
16 | (735 ILCS 30/25-5-105 new) | ||||||
17 | Sec. 25-5-105. Quick-take; regional water commissions. | ||||||
18 | Quick-take proceedings under Article 20 may be used by a | ||||||
19 | regional water commission for one period of 3 years after | ||||||
20 | adoption of a schedule for acquisition of property or | ||||||
21 | easements for the purposes of a regional water commission by a | ||||||
22 | regional water commission established under Division 11-135.5 | ||||||
23 | of the Illinois Municipal Code. This Section does not | ||||||
24 | authorize more than one 3-year quick-take period for any one |
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1 | regional water commission.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|