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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 135
(65 ILCS 5/Art. 11 Div. 135 heading)
DIVISION 135.
JOINT ACQUISITION AND OPERATION
OF WATER SUPPLY AND WATERWORKS
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65 ILCS 5/11-135-1
(65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1)
Sec. 11-135-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or a common source of supply of water, or both, and may
operate jointly a waterworks system or a common source of supply of water,
or both, and improve and extend the same, as provided in this Division 135.
The corporate authorities of the specified municipalities desiring to avail
themselves of the provisions of this Division 135 shall adopt a resolution
or ordinance determining and electing to acquire and operate jointly a
waterworks system or a common source of supply of water or both, as the
case may be. Such resolution or ordinance may be rescinded at any time
prior to the issuance and sale of revenue bonds and after the rescinding
municipality has no outstanding obligation to pay a proportionate share
of the costs of development, construction or operation.
Any municipality adopting a resolution or ordinance to acquire and
operate jointly a waterworks system or a common source of supply of water,
or both, as the case may be, under the provisions of this Division 135, is
authorized from time to time to pay, to advance or to obligate itself to
the Commission, to bear a proportionate share of the development costs of
any project proposed by the Commission including plans, feasibility reports
and engineering even though the project is never constructed or water is
never supplied by the Commission to such municipality.
Whenever any municipality determines to pay, to advance or to obligate
itself for its proportionate share of development costs as above provided,
it shall adopt an ordinance declaring its intention to do so, fix the maximum
amount of its share of the cost it proposes to pay, to advance or to obligate
itself for, and the period over which it proposes to pay its obligation
(not exceeding 5 years) and the maximum amount to be paid annually, if such
obligation is to be paid in installments. The time of payment of any such
installment obligation may be extended for a period of not exceeding five years
from the final maturity date of the original obligation.
From and after such ordinance becomes effective, it shall be the duty of
the municipality to include an amount sufficient to pay the annual installments
of its obligation each year in the next succeeding appropriation ordinances. No
prior appropriation shall be required for a municipality to authorize the
payments, advances or obligations herein provided for.
Whenever any municipality has obligated itself for development costs as
herein provided and after the effective date of the ordinance under which
it obligated itself for a specific amount for development costs of a
project and after approval of such obligation by the Commission, the
Commission is authorized to borrow funds temporarily for payment of such
development costs in advance of permanent financing. The Commission may
from time to time and pursuant to an appropriate resolution borrow money
and issue its interim notes to evidence borrowings for such purpose,
including all necessary and incidental expenses in connection therewith.
Any resolution authorizing the issuance of such notes shall describe the
project and the development costs to be undertaken, specify the principal
amount, rate of interest as authorized under Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and
tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and the maturity
date which shall coincide with the due date of the obligations or the
installments thereof incurred by the respective municipalities pursuant to this
Section not, however, to exceed 5 years from date.
Contemporaneously with the issuance as provided by this Division of revenue
bonds, all outstanding interim notes issued for development costs of a project
though they have not then matured shall be paid, both principal and interest
to date of payment, from funds derived from the sale of revenue bonds for
the permanent financing of any such project for which interim notes may
have been issued and such interim notes shall be surrendered and cancelled.
Any municipality adopting a resolution or ordinance to acquire and operate
jointly a waterworks system or a common source of supply of water, or both,
as the case may be, under the provisions of this Division 135 is further
authorized from time to time, to pay, to advance or to obligate itself to
the Commission to bear, a proportionate share of the construction and operating
costs of any project proposed by the Commission.
Whenever a municipality determines to pay, to advance or to obligate itself
for its proportionate share of construction or operating costs as above
provided, it shall adopt an ordinance declaring its intention to do so,
fix the maximum amount of its share of the cost it proposes to pay, to advance
or to obligate itself for, and the period over which it proposes to pay its
obligation and the maximum amount to be paid annually, if such obligation is to
be paid in installments. From and after such ordinance becomes effective, it
shall be the duty of the municipality to include an amount sufficient to pay
the annual installments of its obligation each year in the next succeeding
appropriation ordinances. No prior appropriation shall be required for a
municipality to authorize the payments, advances or obligations herein provided
for.
Whenever any municipality has paid, advanced or obligated itself for
development, construction or operating costs as herein provided, the Commission
is authorized to contract with such municipality, on such terms as may be
agreed, for the repayment to such municipality by the Commission of any payment
or advance made by such municipality to the Commission to charge, in addition
to all other charges and rates authorized under the provisions of this
Division, such rates and charges for water sold by the Commission as shall be
necessary to provide for such repayment. In addition, any payment or advance
of such costs made by a municipality pursuant to this Section may be repaid by
the Commission to the municipality from the proceeds of revenue bonds
authorized to be issued by the Commission pursuant to this Division 135.
(Source: P.A. 82-783 .)
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65 ILCS 5/11-135-2
(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2.
Upon the adoption of such an ordinance or resolution
by the corporate authorities of any such municipality, the mayor or
president, with the approval of the corporate authorities, shall appoint
a commissioner.
If under Section 11-135-3 a water commission meets the participatory
requirements, that water commission shall appoint a commissioner.
The commissioners so appointed by each of such
municipalities and participatory water commissions together with a like
commissioner appointed by the
presiding officer of the county board with the advice and consent of the
county board of the county in which the major part of the works of the
water commission are, or are to be, located, shall constitute a
commission and public corporation with the powers and duties specified
in this Division 135. The corporate name of the commission shall be
"(here insert an appropriate name indicative of the area) Water Commission"
and as such the
Commission may contract and be contracted with, and sue and be sued.
The commissioners so appointed shall serve for a term of 6 years, or until
their successors have been appointed and have qualified in the same manner
as the original appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective commissioners
whose terms shall be for 2, 4 and 6 years from the date of that meeting.
Each commissioner appointed by a mayor or president shall be an elector
or the chief administrator of the municipality for which he acts as
commissioner,
and the commissioner appointed by the presiding officer of the county board
shall be an elector of the county in which the major works of the water
commission are, or are to be, located. Any commissioner so appointed may
be a member of the governing board or officer or employee of the municipality
or county from which the appointment is made. A commissioner is eligible
for reappointment upon the expiration of his term. A vacancy shall be filled
for the balance of the unexpired term of the person who has ceased to hold
office by the mayor, president or county board presiding officer who initially
made such appointment in the same manner as the original appointment. Each
commissioner shall receive the same compensation, as determined by the
appointing authority, which shall not be more
than $2,000 per year, except that no commissioner who is a
member of the governing
board or officer of the municipality or county from which the
appointment
is made may receive any compensation for serving as commissioner. Each
commissioner shall furnish a bond for the faithful performance of his
official duties. This bond shall not be less than $5,000 and its costs
shall be paid by the commission.
Each commissioner may be removed for any cause for which any other
municipal officer may be removed. No commissioner, or employee of the
commission, and no mayor, or president, or other member of the corporate
authorities, or any employee of any of the municipalities, shall be
interested directly or indirectly in any contract or job of work or
materials, or the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this section is a
Class C misdemeanor. A conviction is cause for the removal of a person
from his office or employment.
(Source: P.A. 90-517, eff. 8-22-97; 91-659, eff. 12-22-99.)
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65 ILCS 5/11-135-3
(65 ILCS 5/11-135-3) (from Ch. 24, par. 11-135-3)
Sec. 11-135-3.
Such a commission shall organize by appointing a
chairman from its own members and a clerk and treasurer, who need not be
commissioners. It shall adopt its own rules of procedure and provide
for its meetings. The commission has full and complete supervision,
management, and control of the waterworks system, or the common source
of supply of water, or both, as provided in the ordinances or
resolutions for acquiring and operating the same, and in their
maintenance, operation, and extension. The commission is authorized to
contract with the municipalities which established the commission for a
supply of water to those municipalities, for a period not exceeding 50
years, and the corporate authorities of those municipalities are
authorized to enter into contracts with the commission.
The commission is authorized to develop, promote and provide for
recreational facilities on property acquired in and for the operation of
its common source of supply of water and to include reasonable charges
for such recreational facilities as part of the cost of operation and
maintenance of the waterworks system.
Any 2 or more water commissions organized under this Division 135
may, by resolution adopted by each commission and ratified by the
corporate authorities of each of the municipalities comprising each of
the water commissions agree to the joint purchase, construction,
operation, improvement or extension, or any combination thereof, of
either or both a waterworks system and a common source of supply of
water for those commissions. When such an agreement has been executed,
the water commissions entering into that agreement may jointly issue
revenue bonds for the projects subject to the agreement in the same
manner and subject to the same conditions as are provided in this
Division 135 in the case of an individual water commission.
Any additional municipality or water commission may join and become a
part of the system
provided for in this Division 135 in the same manner as if participating
at the time of formation if approved by majority vote of the water
commissioners and such approval is ratified by resolution of the corporate
authorities of a majority of the municipalities or water commissions
constituting
the commission; except that if a system is composed of two municipalities,
only the approval of a majority of the water commissioners is required to
accept an additional municipality or water commission to the system. If a
municipality or water commission has
been a continuous customer of the same water commission for a minimum of
20 years, receives at least 90% of its water from the water commission,
and the population of the municipality or water commission
exceeds
20% of the population of
the then current member municipalities in the water commission, that
municipality or water commission
shall become a part of the system.
In such event the name of the water commission may be
changed either to include the joining municipality's or water
commission's name or to provide
another name that is indicative of the area. The
membership of the
water commission shall be enlarged to include a member from such joining
municipality or water commission.
(Source: P.A. 91-659, eff. 12-22-99.)
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65 ILCS 5/11-135-3.5 (65 ILCS 5/11-135-3.5) Sec. 11-135-3.5. Additional powers. In addition to any other powers set forth in this Division, a water commission organized under this Division has the following powers:
(1) The power to enter into intergovernmental police | | assistance agreements with any municipality or county.
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| (2) The power to enter into intergovernmental
| | agreements with any unit of local government in order to carry out the purposes for which the commission was formed.
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(Source: P.A. 94-123, eff. 1-1-06.)
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65 ILCS 5/11-135-4
(65 ILCS 5/11-135-4) (from Ch. 24, par. 11-135-4)
Sec. 11-135-4.
A commission may from time to time issue its revenue
bonds in such principal amounts as the commission shall deem necessary to
provide sufficient funds to carry out any of its corporate purposes and
powers, including, without limitation, developing, acquiring, constructing,
extending or improving a waterworks system or common source of supply of
water, or any combination thereof, the funding or refunding of the principal
of, redemption premium, if any, and interest on, any bonds issued by it
whether or not such bonds or interest to be funded or refunded have or have
not become due, the payment of engineering, legal and other expenses, together
with interest to a date one year subsequent to the estimated date of completion
of the project, the establishment or increase of reserves to secure or to
pay such bonds and interest thereon, the providing of working capital and
the payment of all other costs or expenses of the commission incident to
and necessary or convenient to carry out its corporate purposes and powers.
These bonds shall have all the qualities of negotiable instruments under
the laws of this State and shall not constitute indebtedness of any of the
municipalities constituting the commission.
Every issue of bonds of such commission shall be payable out of the revenues
to be derived pursuant to contracts with the specified municipalities and
participating water commissions or
by virtue of the operation of any properties acquired or to be acquired
or constructed. A commission may issue such types of bonds as it may
determine,
including bonds as to which the principal and interest are payable exclusively
from the revenues from one or more projects, or from an interest therein
or a right to the products and services thereof, or from one or more revenue
producing contracts made by the commission, or its revenues generally.
Any such bonds may be additionally secured by a pledge of any grant, subsidy,
or contribution from the United States, the State of Illinois, or any unit
of local government, or any combination thereof.
Before the treasurer of the commission is entitled to receive the proceeds
of the sale of such a bond issue, he shall supply a corporate surety bond
in an amount equivalent to the amount of funds to be derived from the sale
of the bonds, and, in addition thereto, he shall supply a separate corporate
surety bond for the faithful accounting of any funds that may come into
his possession in an amount equal to the amount of funds likely to come
into his hands in any one year from the revenue to be derived from the operation
of any of the properties of the commission. The cost of these surety bonds
shall be paid by the commission.
The revenue bonds shall be issued pursuant to an ordinance or resolution
and may be issued in one or more series, and shall bear such date or dates,
mature at such time or times within the estimated period of usefulness of
the project involved and in any event not more than 50 years from the date
thereof, bear interest at such rate or rates as authorized under Section
2 of "An Act to authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as now or hereafter amended,
which rates may be fixed or variable, be in such denominations, be in such
form, either coupon or registered, carry such conversion, registration,
and exchange privileges, have such rank or priority, be executed in such
manner, be payable in such medium of payment at such place or places within
or without the State of Illinois, be subject to such terms of redemption
with or without premium, and contain or be subject to such other terms as
the ordinance or resolution may provide, and shall not be restricted by
the provisions of any other law limiting the amounts, maturities, interest
rates, or other terms of obligations of public agencies or private persons.
The bonds shall be sold in such manner as the commission shall determine,
at private or public sale. It shall not be
necessary that the ordinance or resolution refer to plans and specifications
nor that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the
project. This ordinance or resolution may contain such covenants and
restrictions in relation to the operation of the properties under the
control of the commission and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for the assurance of
payment of the bonds thereby authorized and as may be thereafter issued.
It shall be plainly stated on the face of each bond that it does not
constitute an indebtedness of any municipality represented by the
commission within the meaning of any statutory or constitutional
limitation. Upon the issuance of revenue bonds, the revenue of the
commission derived pursuant to contracts entered into for the sale of
water to the specified municipalities and from the operation of its
properties, shall be accounted for as provided in the ordinance or
resolution authorizing the issuance of the bonds. Any commission created
under the provisions of this Division 135 may also issue new bonds for
the purpose of providing funds for the payment of unpaid bonds in
accordance with the procedure prescribed by this Division 135.
The amendatory Acts of 1971, 1972, 1973, 1975 and 1981
are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 91-659, eff. 12-22-99.)
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65 ILCS 5/11-135-4.5 (65 ILCS 5/11-135-4.5) Sec. 11-135-4.5. Alternate Bonds. From time to time, a commission may, after meeting all of the conditions set forth in Section 15 of the Local Government Debt Reform Act, issue alternate bonds as authorized under Section 15 of the Local Government Debt Reform Act.
(Source: P.A. 96-907, eff. 6-7-10.) |
65 ILCS 5/11-135-5
(65 ILCS 5/11-135-5) (from Ch. 24, par. 11-135-5)
Sec. 11-135-5.
Whenever bonds are issued under this Division 135 the
revenue received from the operation of the properties under the control
of the commission shall be set aside as collected and deposited in a
separate fund to be used only (1) in paying the cost of the operation
and maintenance of those properties, (2) in providing an adequate
depreciation fund, (3) in paying the principal of and interest upon the
revenue bonds issued by the commission, as provided by this Division
135, (4) to comply with the covenants of the ordinance or resolution authorizing
the issuance of such bonds, and (5) to carry out the corporate purposes
and powers of the commission.
In case the commission has charge of the operation of a complete
waterworks system, including the distribution mains, the commission
shall establish rates and charges for water which shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an adequate
depreciation fund, to pay the principal of and interest upon all
revenue bonds issued as provided by this Division 135, to comply with
the covenants of the ordinance or resolution authorizing the issuance of
such bonds, and to carry out the corporate purposes and powers of the commission.
Charges and rates shall be established, revised, and maintained by ordinance
and become payable as the commission may determine by ordinance.
In case the commission has charge of the operation of a common source of
supply of water, the municipalities represented by the commission shall
contract with the commission for water. These municipalities shall establish
such charges and rates for water supplied by them to consumers as will be
sufficient at all times (1) to pay the cost of operation and maintenance
of the respective waterworks systems (or waterworks and sewerage systems,
where combined) of the municipalities, (2) to provide an adequate depreciation
fund therefor, (3) to pay the principal of and interest on all
revenue bonds of the municipalities payable from the revenues of the waterworks
system (or combined waterworks and sewerage system), and (4) to pay the
charges and rates established by the commission for the sale of water by
the commission to those municipalities. The commission shall
establish such charges and rates for water supplied to those municipalities
as will be sufficient at all times (1) to pay the cost of operation and
maintenance of the common source of supply of water, (2) to provide an adequate
depreciation fund therefor, (3) to
pay the principal of and interest on the revenue bonds issued by the
commission, (4) to comply with the covenants of the ordinance or resolution
authorizing the issuance of such bonds, and (5) to carry out the corporate
purposes and powers of the commission, under the provisions of this Division
135. Contracts
entered into between the commission and the specified municipalities shall
include covenants for the establishment of rates and charges as
provided in this section.
Municipality contributions to the Illinois Municipal Retirement Fund,
by commissions created under this Division 135 which have been included
under that Fund, shall be considered a cost of operation and maintenance
for the purposes of this Section.
Any holder of a bond or of any of its coupons, issued under this
Division 135, in any civil action, mandamus, or other proceeding, may
enforce and compel performance of all duties required by this Division
135 to be performed by such a commission or by any of the
municipalities, including the making of rates and charges, the
collecting of sufficient revenue, and the application thereof, as
provided in this Division 135.
All contracts for the construction of a waterworks system or of a
common source of supply of water, or both, to be let by such a
commission, shall be entered into only after advertising for bids,
pursuant to a resolution to be adopted for that purpose by the
commission. A notice inviting bids shall be published in a newspaper
published and having a general circulation in the county or counties in
which the municipalities represented by the commission are located, not
more than 30 nor less than 15 days in advance of the receipt of the
bids. The notice shall be published at least twice. In the resolution
directing the advertising for bids the commission also shall establish
all requirements necessary for the bidding, for the awarding of
contracts, and for the approval of contractors' faithful performance
bonds.
(Source: P.A. 82-641.)
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65 ILCS 5/11-135-6
(65 ILCS 5/11-135-6) (from Ch. 24, par. 11-135-6)
Sec. 11-135-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties, or improvements
or extension or mains, pumping stations, reservoirs or other appurtenances
thereto, which such commission is authorized to make, the making of which
will require that private property be taken or damaged, such commission may
cause compensation therefor to be ascertained and may condemn and acquire
possession thereof in the same manner as nearly as may be, as provided for
the exercise of the right of eminent domain under the Eminent Domain Act. However,
proceedings to ascertain the compensation to be paid for taking or damaging
private property shall in all cases be instituted in the circuit court
of the county where the property sought to be taken or damaged is situated.
In addition, when a Water Commission created under the Water Commission
Act of 1985, as amended, requires that public property be taken or damaged
for the purposes specified above, such commission may condemn and acquire
possession of public property and cause compensation for such public
property to be ascertained in the same manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act, during such time as the Commission has the power to
initiate action in the manner provided by Article 20 of the Eminent Domain Act (quick-take procedure).
In the event a Commission created under the Water Commission Act of
1985 shall determine that negotiations for the acquisition of property or
easements for making any
improvement which such Commission is authorized to make have proven
unsuccessful and the Commission shall have by resolution adopted a schedule
or plan of operation for the execution of the project and therein made a
finding that it is necessary to take such property or easements immediately
or at some specified later date in order to comply with the schedule, the
Commission may commence proceedings to acquire such property or easements
in the same manner provided in Article 20 of the Eminent Domain Act (quick-take procedure); except that if the property or easement is
located in a municipality having more than 2,000,000 inhabitants, the
Commission may not commence such proceedings until the acquisition has been
approved by ordinance of the corporate authorities of the municipality.
Any commission has the power to acquire, hold, sell, lease as lessor or
lessee, transfer or dispose of real or personal property, or interest
therein, as it deems appropriate in the exercise of its powers for its
lawful purposes. When, in the opinion of a commission, real estate owned by
it, however acquired, is no longer necessary, appropriate, required for
the use of, profitable to, or for best interest of the commission, such
commission may, by resolution, lease such surplus real estate for a period
not to exceed 99 years, or sell such surplus real estate, in accordance
with procedures adopted by resolution by such commission.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/11-135-7
(65 ILCS 5/11-135-7) (from Ch. 24, par. 11-135-7)
Sec. 11-135-7.
Such commission may construct, maintain, alter and extend
its water mains as a proper use of highways along, upon, under and across
any highway, street, alley or public ground in the state, including
highways within a municipality, but so as not to inconvenience the public
use thereof, and such commission may construct, maintain and operate any
conduit or conduits, water pipe or pipes, wholly or partially buried or
otherwise in, upon and along any of the lands owned by the State of
Illinois and under any of the public waters therein. However, the right,
permission and authority hereby created shall be subject to all public
rights of commerce and navigation and the authority of the United States in
behalf of such public rights and also the laws of the State of Illinois to
regulate and control the same. Notice shall be given to the highway
authorities of any municipality, county, township, road district or
township district in which such highway, street or public way may be
situated at least 60 days before any construction or installation work in
such highway or street shall commence. All laws and ordinances pertaining
to such work for the protection of the public and of public property shall
be complied with except that no fee may be charged such commission for the
construction or installation of such facilities in such public places.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-135-8
(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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65 ILCS 5/11-135-9
(65 ILCS 5/11-135-9) (from Ch. 24, par. 11-135-9)
Sec. 11-135-9.
Whenever a water commission has been constituted pursuant to
this Division 135, was functioning as such on July 21, 1959, and thereafter
continued to exercise the powers conferred on it at the time it was so
constituted, such commission is a valid public corporation, and all acts
performed by or on behalf of such commission, or its officers or employees
are valid.
In all cases where a municipality which has adopted a resolution or ordinance
to acquire and operate jointly a waterworks system or a common source of
supply of water, or both, as the case may be, under the provisions of this
Division 135, thereby becoming a member of a water commission, has heretofore
adopted an ordinance repealing the aforesaid resolution or ordinance and
declaring the termination of membership and withdrawal of such municipality
from said water commission; and the said water commission has not at the
time of such ordinance acquired a waterworks system or common source of supply
of water, as the case may be; and the said water commission duly adopts
a resolution finding that the withdrawal of such municipality will not burden
or adversely affect the remaining members of said water commission in their
efforts to acquire and operate jointly a waterworks system or a common source
of supply of water or both, as the case may be, and consenting to the withdrawal
of such municipality, each such resolution is hereby made a legal and valid
consent to the withdrawal of such municipality from the said water commission
and such withdrawal is hereby declared legal and valid and effective, and
such municipality is hereby declared legally and validly withdrawn from
the said water commission and no longer a member or a part of the system
and all such water commissions are hereby declared legally and validly
organized and established water commissions, and valid and existing water
commissions and public corporations under the provisions of Division 135,
notwithstanding any such withdrawal.
All actions taken prior to the effective date of this Act by any water
commission which has heretofore consented to the withdrawal of one or more
of its members in accordance with the procedures described herein, which
actions were otherwise valid but for the invalidating effect of the membership
or withdrawal from membership of the withdrawing community or communities
upon any quorum, voting or other requirement based upon the number of commissioners
or commission members, are hereby declared effective, legal and valid, notwithstanding
any lack of compliance with any such quorum, voting or other requirement
imposed by law or by the rules of the said commission.
(Source: P.A. 82-641.)
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65 ILCS 5/11-135-10
(65 ILCS 5/11-135-10) (from Ch. 24, par. 11-135-10)
Sec. 11-135-10.
The provisions of this Division 135 are subject to the
terms and provisions of the Water Commission Act of 1985, as now or
hereafter amended.
(Source: P.A. 84-1308.)
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