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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 126
(65 ILCS 5/Art. 11 Div. 126 heading)
DIVISION 126.
JOINT CONSTRUCTION OF WATER
SUPPLY
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65 ILCS 5/11-126-1
(65 ILCS 5/11-126-1) (from Ch. 24, par. 11-126-1)
Sec. 11-126-1.
Each municipality may provide for a supply of water for fire
protection and for the use of the inhabitants of the municipality (1) by
constructing and maintaining a system of waterworks, or (2) by uniting with
any adjacent municipality in constructing and maintaining a system of
waterworks for the joint use of those municipalities, or (3) by procuring
such a supply of water from any adjacent municipality already having
waterworks.
All contracts for the construction of such a system of waterworks or any
part thereof shall be let to the lowest responsible bidder therefor, upon
not less than 3 weeks' public notice of the terms and conditions upon which
the contract is to be let having been given by publication in a newspaper
published in the municipality, or if no newspaper is published therein,
then in some newspaper published in the county. No member of the corporate
authorities shall be directly or indirectly interested in such a contract.
In all cases the corporate authorities have the right to reject any and all
bids that may not be satisfactory to them.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-126-2
(65 ILCS 5/11-126-2) (from Ch. 24, par. 11-126-2)
Sec. 11-126-2.
Each municipality may borrow money and levy and collect a
general tax, in the same manner as other municipal taxes may be levied and
collected, for the construction and maintenance of such a system of
waterworks, and may appropriate money for that construction and
maintenance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-126-3
(65 ILCS 5/11-126-3) (from Ch. 24, par. 11-126-3)
Sec. 11-126-3.
For the purpose of locating, constructing, maintaining, or
supplying such a system of waterworks, each municipality may go beyond its
corporate limits, and acquire and hold property purchased or otherwise, and
also may take, condemn, and hold all necessary property in the manner
provided for the taking or damaging of private property for public use.
Also each municipality may acquire and hold property and rights necessary
for the location, construction and maintenance of such a system of
waterworks, by purchase or otherwise. The jurisdiction of the municipality
to prevent or punish any pollution or injury to the stream or source of
water for the supply of the waterworks extends 10 miles beyond its
corporate limits.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-126-4
(65 ILCS 5/11-126-4) (from Ch. 24, par. 11-126-4)
Sec. 11-126-4.
The corporate authorities of each municipality may make and
enforce all needful rules and regulations in the construction and
management of such a system of waterworks, and for the use of the water
supplied thereby.
The corporate authorities of each municipality also may make and enforce
all needful rules, regulations, and enact ordinances for the improvement,
care, and protection from pollution or other injury of any impounding
reservoir or artificial lake constructed or maintained by the municipality
for water supply purposes and any adjacent zone of land which the
municipality may acquire or control. If the leasing of portions of such
adjacent zone of land will, in the discretion of the corporate authorities,
aid in the protection from pollution or other injury of the impounding
reservoir or artificial lake by promoting forestation, development or care
of other suitable vegetation, and the improvement, care and maintenance of
the premises, the corporate authorities may lease those portions of that
land jointly or severally to custodians of good reputation and character
for periods not to exceed 60 years, and permit those custodians to
construct, maintain, use, and occupy dwelling houses and other structures
thereon for such rental and on such other terms and conditions and subject
to such rules and regulations and with such powers and duties as may be
determined by the corporate authorities.
The corporate authorities of each municipality have the power to fix and
collect from the inhabitants thereof the rent or rates for the use and
benefit of water used or supplied to them by such a system of waterworks,
as the corporate authorities shall deem just and expedient. These rents or
rates shall be paid and collected in such manner as the corporate
authorities by ordinance shall provide. Such charges, rents, or rates are
liens upon the real estate upon or for which water service is supplied
whenever the charges, rents, or rates become delinquent as provided by the
ordinance of the municipality fixing a delinquency date. However, the
municipality has no preference over the rights of any purchaser, mortgagee,
judgment creditor, or other lien holder arising prior to the filing of the
notice of such a lien in the office of the recorder of the county
in which such real estate is located, or in the office of the registrar of
titles of such county if the property affected is registered under "An
Act concerning land titles", approved May 1, 1897, as amended. This notice
shall consist of a sworn statement setting out
(1) a description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water service, and (3) the
date when such amount became delinquent. The municipality may foreclose
this lien in the same manner and with the same effect as in the foreclosure
of mortgages on real estate.
(Source: P.A. 97-813, eff. 7-13-12.)
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65 ILCS 5/11-126-5
(65 ILCS 5/11-126-5) (from Ch. 24, par. 11-126-5)
Sec. 11-126-5.
The expense of locating, and constructing reservoirs and
hydrants for the purpose of fire protection, and the expense of
constructing and laying water main pipes, or such part thereof as may be
just and lawful, whenever it is for a local improvement, may be assessed
upon and collected from the property specially benefited thereby, if any,
in such manner as may be provided for the making of special assessments for
other local improvements in the municipality, as provided in Article 9.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-126-6
(65 ILCS 5/11-126-6) (from Ch. 24, par. 11-126-6)
Sec. 11-126-6.
All the income received by a municipality from such a system
of waterworks, from the payment and collection of water rents or rates,
shall be kept in a separate fund and shall be applied first in the payment
and discharge of the principal of and the interest on bonds or money
borrowed and used in the construction of the waterworks and of the
operating expenses thereof. Any surplus may be applied in such manner as
the corporate authorities may direct.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-126-7
(65 ILCS 5/11-126-7) (from Ch. 24, par. 11-126-7)
Sec. 11-126-7.
For the purpose of constructing a system of waterworks,
storm or sanitary sewer system, each municipality has the power to levy
special assessments for said local improvements on property beyond its
corporate limits, but within one mile therefrom, that is specially
benefited by the improvement.
(Source: Laws 1963, p. 2637.)
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