| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art. 11 Div. 136
(65 ILCS 5/Art. 11 Div. 136 heading)
DIVISION 136.
JOINT ACQUISITION AND OPERATION
OF WATER AND SEWAGE SYSTEMS
|
65 ILCS 5/11-136-1
(65 ILCS 5/11-136-1) (from Ch. 24, par. 11-136-1)
Sec. 11-136-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or sources of supply of water or sewer systems, or any
combination thereof, and may operate jointly a waterworks system or sources
of supply of water or sewer systems, or any combination thereof, and
improve and extend the same, as provided in this Division 136. The
corporate authorities of such municipalities desiring to avail themselves
of the provisions of this Division 136 shall adopt a resolution or
ordinance determining and electing to acquire and operate jointly a
waterworks system or sources of supply of water or sewer systems, or any
combination thereof, as the case may be. This Division 136 shall not be
construed as limiting, amending or repealing any other laws with respect to
joint acquisition and operation of a waterworks system or sources of supply
of water or sewer systems, or any combination thereof, but shall be
considered as an additional grant of power for the purposes herein set out.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/11-136-2
(65 ILCS 5/11-136-2) (from Ch. 24, par. 11-136-2)
Sec. 11-136-2.
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 one
commissioner for each 5,000 population, or part thereof. The commissioners
so appointed by each of such municipalities, together with a like
commissioner appointed by the chairman of the county board of the
county in which the municipality having the
greatest population is
situated, shall constitute a commission and public corporation with the
powers and duties specified in this Division 136. The corporate name of the
commission shall be "(here insert appropriate name indicative of the area)
Water Commission" or "Water and Sewer 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. Each
commissioner shall be an elector of the municipality for which he acts as
commissioner. However, no person shall be eligible for appointment, if he
has held an elective office in the state, county or municipality, until one
year after the expiration of the term for which he was elected. A
commissioner is eligible for reappointment upon the expiration of his term.
A vacancy shall be filled for the balance of the unexpired term in the same
manner as that prescribed for the appointment of the person who has ceased
to hold office. Each commissioner shall receive the same compensation which
shall not be more than $1,000 per year. 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 contractor-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. Any member of the commission or any employee
thereof who in any manner contributes money, labor, or other valuable thing
to any person for election purposes in any election for office in any of
the municipalities which are furnished water by the commission is guilty of
a Class C misdemeanor.
(Source: P.A. 84-1308.)
|
65 ILCS 5/11-136-3
(65 ILCS 5/11-136-3) (from Ch. 24, par. 11-136-3)
Sec. 11-136-3.
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 sources of supply of water, or
sewer systems, or combination thereof, 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 or with any other person,
firm or corporation for a supply of water, a sewage treatment plant or any
other facilities useful in conducting a water supply and sewage disposal
system 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 purchase from any person, firm
or corporation or municipal corporation including those making up the
commission, any sewer or water properties or sources of supplies and
municipalities are hereby authorized to sell such facilities to the
commission.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/11-136-4
(65 ILCS 5/11-136-4) (from Ch. 24, par. 11-136-4)
Sec. 11-136-4.
For the purpose of acquiring such a waterworks system or
sources of supply of water or sewer systems, or any combination thereof or
for making improvements and extensions to such a waterworks system or
sources of supply of water or sewer systems, or any combination thereof,
such a commission is authorized to issue revenue bonds payable solely from
the revenue to be derived pursuant to any contracts with the specified
municipalities or with any person, firm or corporation or by virtue of the
operation of any properties acquired or to be acquired. These bonds shall
not constitute an indebtedness of any of the municipalities represented by
the commission. The bonds shall bear interest at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semiannually, and
shall mature within the period of usefulness of the property to be
acquired or constructed from the proceeds thereof. This period shall be
conclusively determined by the commission at or before the time of the
issuance of the bonds, and in no event shall any of the bonds be issued
with a maturity more than 50 years from the date thereof. The bonds
shall be sold in such manner as the commission shall determine, except
that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest, and except
that the selling price of any bond bearing interest at less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall be such that the interest cost
of the money received from that bond shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to maturity, according
to standard tables of bond values.
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 shall be in such form and be executed in such manner as
may be prescribed by the ordinance or resolution. 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 136 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 136.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
|
65 ILCS 5/11-136-5
(65 ILCS 5/11-136-5) (from Ch. 24, par. 11-136-5)
Sec. 11-136-5.
Whenever bonds are issued under this Division 136 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, and (3) in paying the principal of and interest upon
the revenue bonds issued by the commission, as provided by this Division
136.
In case the commission has charge of the operation of a complete
waterworks system or sewer system including the distribution mains, the
commission shall establish rates and charges for water or sewer service
or both which shall be sufficient at all times to pay the cost of
operation and maintenance, to provide an adequate depreciation fund, and
to pay the principal of and interest upon all revenue bonds issued as
provided by this Division 136. The rates for water and sewer service
need not be the same nor do rates for the same type of service have to
be identical in the several municipalities constituting the commission
but shall be equitably based upon the net plant account and the expenses
of operation in each municipality. 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 sources of
supply of water, the municipalities specified in Section 11-136-1
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 of the municipalities, (2) to provide an adequate
depreciation fund therefor, and (3) to pay the charges and rates
established by the commission for the sale of water by the commission to
those municipalities, and 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, and (3) to pay the principal of and interest
on the revenue bonds issued by the commission, under the provisions of
this Division 136. 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 136 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 136, in any civil action, mandamus, or other proceedings, may
enforce and compel performance of all duties required by this Division
136 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 136.
All contracts for the construction of a waterworks system or sources
of supply of water, or sewer systems, or any combination thereof, 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. 80-425.)
|
65 ILCS 5/11-136-6
(65 ILCS 5/11-136-6) (from Ch. 24, par. 11-136-6)
Sec. 11-136-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties or sewer
properties or improvements or extensions 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 county where the property sought to be taken
or damaged is situated.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
65 ILCS 5/11-136-7
(65 ILCS 5/11-136-7) (from Ch. 24, par. 11-136-7)
Sec. 11-136-7.
Such commission may construct, maintain, alter and extend
its water mains or sewer facilities 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. 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.)
|
65 ILCS 5/11-136-8
(65 ILCS 5/11-136-8) (from Ch. 24, par. 11-136-8)
Sec. 11-136-8.
Such commission shall have the right to supply water or
sewer facilities to any municipality, political subdivision, private person
or corporation, in addition to the municipalities which have formed the
commission, upon such payment, terms and conditions as may be mutually
agreed upon, provided the water is delivered to such party or parties at
the corporate limits of the municipalities which have created such
commission or from such water works properties of the commission located
outside such municipalities that have been constructed or acquired as
necessary and incidental to the furnishing of water to the municipalities
which formed the commission.
Such commission shall have the power to contract with any person,
corporation or political subdivision or any municipal corporation or other
agency for a sewer system or for a supply of water, or to supply water to
such person, corporation, municipal corporation or political subdivision.
Any such contract entered into to supply water or sewer service 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 or sewer 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.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/11-136-9
(65 ILCS 5/11-136-9) (from Ch. 24, par. 11-136-9)
Sec. 11-136-9.
All powers and duties of the commission heretofore set forth
in this Division 136 may be exercised within the municipalities
constituting the commission and in contiguous territory not more than 3
miles beyond the corporate limits of such municipalities and in the
territory necessary to interconnect any of the municipalities constituting
the commission. The commission shall keep proper accounting records which
records shall be kept so as to show the book value, reserve for
depreciation, revenue and expenses broken down as to type of utility and by
all municipalities making up the commission.
(Source: Laws 1961, p. 576.)
|
|
|
|