(65 ILCS 5/11-135-8) (from Ch. 24, par. 11-135-8)
Sec. 11-135-8.
Such commission shall have the right to supply water
to any municipality, political subdivision, private person or
corporation, in addition to the municipalities which have formed the
commission, and to construct water transmission and distribution lines within
a radius of 25 miles outside the
corporate limits of member municipalities for the purpose of furnishing
water to any additional entities which contract with the commission for
a supply of water, upon such payment, terms and conditions as may be
mutually agreed upon. In addition to the foregoing powers, if there is
any municipality within a radius of 25 miles of the corporate limits of
the commission which desires not to own or operate a waterworks system,
and such municipality adopts an ordinance requesting the Commission to supply
water for public and domestic use within such municipality, then any such
commission may, when determined by the Commissioners to be in the public
interest and necessary for the protection of the public health or in the
best interest of the Commission or its environs, enter into and perform
contracts, whether long term or short term, with any such municipality,
to acquire, construct and operate and maintain its waterworks properties
within the corporate limits of such municipality for the purpose of supplying
water for public and domestic use to the inhabitants thereof.
Such commission shall have the power to contract with any person,
corporation or political subdivision or any municipal corporation or
other agency for a supply of water, or to supply water to such person,
corporation, municipal corporation or political subdivision. Any such
contract made by a commission for a supply of water may contain
provisions whereby the
commission 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 commission 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 defaults in the payment of its obligations under
such contract or 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. Any such
contract entered into to supply water to a municipal corporation or
political subdivision shall provide that the payments to be made
thereunder shall be solely from the revenues to be derived by such
municipality or political subdivision from the operation of the
waterworks system of such municipality or political subdivision, and
said contract shall be a continuing, valid and binding obligation of the
municipality or political subdivision, payable from such revenues for
such period of years, not to exceed 40, as may be provided in such
contract. Any such contract shall not be a debt within the meaning of
any statutory or constitutional limitations.
No prior appropriation shall be required before entering into such
contract, and no appropriation shall be required to authorize payments
to be made under the terms of any such contract, notwithstanding any
provision of this Code to the contrary.
The changes in this Section made by this amendatory Act of 1984 are
intended to be declarative of existing law.
(Source: P.A. 83-1123.)
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