Full Text of HB0169 95th General Assembly
HB0169enr 95TH GENERAL ASSEMBLY
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HB0169 Enrolled |
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LRB095 03969 HLH 24371 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Water District Act is amended by | 5 |
| changing Section 11 as follows:
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| (70 ILCS 3705/11) (from Ch. 111 2/3, par. 198)
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| Sec. 11. The board of trustees of any such public water | 8 |
| district has
the supervision and control of all waterworks | 9 |
| properties acquired or
constructed by the district and has the | 10 |
| power and the duty to maintain,
operate, extend and improve the | 11 |
| same. The board of trustees also has the
power to sell and | 12 |
| dispose of property, real and personal, that is no
longer | 13 |
| needed for its purposes. Except as otherwise provided in this
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| Section all contracts involving the expenditure
by the district | 15 |
| of more than $ 20,000
5,000 for construction work or for the
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| purchase of equipment as improvements, extensions or | 17 |
| replacements shall
be entered into only after notice inviting | 18 |
| bids shall have been
published in a newspaper published in the | 19 |
| district, and if there is no
such newspaper, in a newspaper | 20 |
| published in the county and having general
circulation in the | 21 |
| district at least once not less than 10 days prior to
the date | 22 |
| of making any such contract. Any obligations incurred by the
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| district of any kind or character whatsoever shall not in any |
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HB0169 Enrolled |
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LRB095 03969 HLH 24371 b |
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| event
constitute and be deemed an indebtedness within the | 2 |
| meaning of any of the
provisions or limitations of the | 3 |
| constitution or of any statute, but all
such obligations are | 4 |
| payable solely and only out of revenues derived from
the | 5 |
| operation of the waterworks properties of the district or from | 6 |
| the
proceeds of bonds issued, as hereinafter provided. No | 7 |
| continuing contract
for the purchase of materials or supplies | 8 |
| (including a contract for a
supply of water) or furnishing the | 9 |
| district with energy or power for
pumping or for the supply of | 10 |
| water to any city, village or incorporated
town, shall be | 11 |
| entered into for a longer period than 40 years.
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| Contracts for a supply of water shall not be subject to | 13 |
| such provisions
for public bidding. No prior appropriation | 14 |
| shall be required before
entering into such a contract for a | 15 |
| supply of water and no appropriation
shall be required to | 16 |
| authorize payments to be made under the terms of any
such | 17 |
| contract. Payment to be made under any such supply contract | 18 |
| shall be
an operation and maintenance expense of the waterworks | 19 |
| system of the
district. Any such contract made by a district | 20 |
| for a supply of water may
contain provisions whereby the | 21 |
| district is obligated to pay for such supply
of water without | 22 |
| setoff or counterclaim and irrespective of whether such supply
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| of water is ever furnished, made available or delivered to the | 24 |
| district or
whether any project for the supply of water | 25 |
| contemplated by any such
contract is completed, operable or | 26 |
| operating and notwithstanding any
suspension, interruption, |
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HB0169 Enrolled |
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LRB095 03969 HLH 24371 b |
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| interference, reduction or curtailment of the
supply of water | 2 |
| from such project. Any such contract may provide that if
one or | 3 |
| more of the other purchasers of water defaults in the payment | 4 |
| of its
obligations under such contract or a similar contract | 5 |
| made with the
supplier of the water, one or more of the | 6 |
| remaining purchasers party to
such contract or such similar | 7 |
| contract shall be required to pay for all or
a portion of the | 8 |
| obligations of the defaulting purchasers.
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| In the event of an emergency affecting or threatening the | 10 |
| public health or safety, in order to maintain the safety and | 11 |
| adequacy of service to the district's customers, the general | 12 |
| manager, with the consent of the board chairman or vice | 13 |
| chairman, may enter into contracts for necessary construction | 14 |
| work or for the purchase of supplies, materials, or equipment | 15 |
| without public advertisement. The general manager shall make a | 16 |
| full written report to the board of trustees detailing the | 17 |
| nature of the emergency, the responsive action taken by the | 18 |
| general manager, and the contracts made to resolve the | 19 |
| emergency.
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| (Source: P.A. 84-708; 84-967.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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