(65 ILCS 5/Art. 11 Div. 136 heading) DIVISION 136.
JOINT ACQUISITION AND OPERATION
OF WATER AND SEWAGE SYSTEMS
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(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.)
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(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.)
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(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.)
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