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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 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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65 ILCS 5/Art. 11 Div. 135.5
(65 ILCS 5/Art. 11 Div. 135.5 heading)
DIVISION 135.5. REGIONAL WATER COMMISSIONS
(Source: P.A. 102-684, eff. 12-16-21.) |
65 ILCS 5/11-135.5-1 (65 ILCS 5/11-135.5-1) Sec. 11-135.5-1. References to Division. This Division may be referred to as the Regional Water Commissions Act.
(Source: P.A. 102-684, eff. 12-16-21.) |
65 ILCS 5/11-135.5-5 (65 ILCS 5/11-135.5-5) Sec. 11-135.5-5. Findings. The General Assembly finds that: (1) It is necessary and in the public interest to | | help assure a sufficient and economic supply of a source of water of suitable quality within those areas of this State that are dependent on ground water supply from portions of the Cambrian-Ordovician aquifer as well as shallow aquifers, and where those aquifers are expected not to be able to provide a sufficient supply of water or water of suitable quality to one or more municipalities which may be located in more than a single county, and where, because of economic development and population growth and proximity to large urban centers, the health, safety, and welfare of the residents is threatened by the continuing reduction in the amount of ground water and quality of ground water that can be obtained from the aquifers.
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| (2) Because of a need to provide such municipalities
| | a continuing, available, and adequate source and supply of water on an economically viable basis, it is necessary and desirable to establish a different structure for municipalities in the affected region to jointly establish a source of water supply and the necessary waterworks and other supporting facilities as needed to provide a reliable, sustainable, and high-quality source of water on a cost-effective basis.
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| (3) It is not the intent of the General Assembly to
| | interfere with the structure and operation of other water commissions and county water commissions already existing around the State on the effective date of this amendatory Act of the 102nd General Assembly or to interfere with the power of municipalities to provide for the retail distribution of water to its residents or the customers of its water systems.
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| (4) It is in the State's best interest to provide for
| | a sufficient and economic supply of water to such areas.
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(Source: P.A. 102-684, eff. 12-16-21.)
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