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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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-125-1
(65 ILCS 5/11-125-1) (from Ch. 24, par. 11-125-1)
Sec. 11-125-1.
The corporate authorities in each city and village may (1)
provide for a supply of water by the boring of artesian wells, or by the
digging, construction, or regulation of wells, pumps, cisterns, reservoirs,
or waterworks, (2) borrow money therefor, (3) authorize any person to bore,
dig, construct, and maintain the same for a period not exceeding 30 years,
(4) prevent the unnecessary waste of water, (5) prevent the pollution of
water, and (6) prevent injuries to the wells, pumps, cisterns, reservoirs,
or waterworks.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-125-2
(65 ILCS 5/11-125-2) (from Ch. 24, par. 11-125-2)
Sec. 11-125-2.
For the purpose of establishing or supplying waterworks and
to purchase, extend, improve and operate waterworks, each city or village
may go beyond its corporate limits and acquire and hold property by
purchase or otherwise, and also may take and condemn all necessary property
therefor, in the manner provided for the taking or damaging of private
property for public uses, including any land now used for highway purposes
in or near any basin proposed to be flooded by the construction, extension
or improvement of any lake by any city or village of this state, for water
supply purposes, provided the highway is capable of being rerouted, raised
or otherwise revised and maintained in use and that the city or village
requiring such reconstruction shall either perform the necessary
reconstruction work or pay the full cost thereof to provide a highway of
equal value and usefulness to that existing before such work is required,
or provided the highway has been vacated by order of the highway
authorities having a jurisdiction over said highway. The jurisdiction of
the city or village to prevent or punish any pollution or injury to the
stream or source of water, or to waterworks, extends 20 miles beyond its
corporate limits, or so far as the waterworks may extend.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-125-3
(65 ILCS 5/11-125-3) (from Ch. 24, par. 11-125-3)
Sec. 11-125-3.
The corporate authorities may make all needful rules and
regulations concerning the use of water supplied by the waterworks of the
city or village, and may do all acts and make such rules and regulations
for the construction, completion, management, or control of the waterworks,
and for the fixing and collecting of such water rates or rents as the
corporate authorities may deem necessary or expedient. The corporate
authorities may levy a general tax for the construction and maintenance of
the waterworks, and appropriate money therefor.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-125-4
(65 ILCS 5/11-125-4) (from Ch. 24, par. 11-125-4)
Sec. 11-125-4.
The corporate authorities of each municipality
served by a community water supply well may perform a groundwater
protection needs assessment, and may by ordinance adopt a minimum or maximum
setback zone around a wellhead
pursuant to Sections 14.2, 14.3, 14.4 and 17.1 of the Environmental
Protection Act.
(Source: P.A. 85-863.)
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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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65 ILCS 5/Art. 11 Div. 127
(65 ILCS 5/Art. 11 Div. 127 heading)
DIVISION 127.
PURCHASE OR LEASE OF WATERWORKS
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