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90_SB1868 70 ILCS 2605/26 from Ch. 42, par. 348 Amends the Metropolitan Water Reclamation District Act. Prohibits any city, village or incorporated town from refusing to sell water to another city, village or incorporated town if such water is obtained from a lake under this section. The municipality may charge a rate sufficient to cover the costs of financing, constructing, operating, and maintaining its waterworks facilities. If such rate cannot be agreed upon, such rate shall be fixed by the Circuit Court of Cook County. SRS90S0082PMch SRS90S0082PMch 1 AN ACT to amend the Metropolitan Water Reclamation 2 District Act by changing Section 26. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Metropolitan Water Reclamation District 6 Act is amended by changing Section 26 as follows: 7 (70 ILCS 2605/26) (from Ch. 42, par. 348) 8 Sec. 26. Any city, village or incorporated town located 9 in any such sanitary district which owns a system of 10 waterworks and procures its supply of water from a lake or 11 other source which will be saved from sewage pollution by the 12 construction of the sewage facilities provided by this Act 13 shall furnish water to any city, village, township, 14 incorporated town or other municipal corporation within or 15 outside the boundaries of any such sanitary district in such 16 quantities as may be required to supply consumers within or 17 outside said territory at no greater price or charge than 18 said city, village or incorporated town charges and collects 19 of consumers within its limits through meters for like large 20 quantities; provided, however, that any such city, village, 21 township, incorporated town or other municipal corporation 22 making application for the sale of water to it shall be 23 required to build or cause to be built suitable and 24 sufficient water mains to the corporate limits of such city, 25 incorporated town or village so owning a system of waterworks 26 and supplying water as aforesaid to connect with the water 27 mains and receive the water from such city, incorporated town 28 or village. 29 However, where such a city, village or incorporated town 30 constructs and operates waterworks facilities such as supply 31 mains, pumping stations, reservoirs and other facilities -2- SRS90S0082PMch 1 outside of its corporate limits and within 35 miles of the 2 limits thereof, for the purpose of supplying improved water 3 service to municipalities, townships and water system 4 authorities which request such service, such city, village or 5 incorporated town may enter into contracts with such 6 municipalities, townships and water system authorities at a 7 higher water rate than the existing metered rate for like 8 consumers within such city, village or incorporated town to 9 allow such city, village or incorporated town to obtain a 10 fair return to cover the costs of financing, constructing, 11 operating and maintaining the said improved facilities, and 12 in the event that thereafter such rates are not agreed upon 13 by the parties or are not otherwise provided for by contract, 14 such rates shall be fixed and determined by the Circuit Court 15 of Cook County upon petition filed therein; provided that the 16 right of any municipal corporation within or outside the 17 sanitary district to obtain water from such a city, village 18 or incorporated town at its corporate limits at the existing 19 metered rate for like consumers within the corporate limits 20 of such city, village or incorporated town shall remain 21 unimpaired. 22 No city, village or incorporated town which obtains water 23 indirectly from any city, village or incorporated town which 24 procures its supply of water from a lake or other source of 25 water which will be saved from pollution by this Act as 26 described hereinabove shall refuse to furnish water to any 27 city, village, township, incorporated town or other municipal 28 corporation within or outside the boundaries of any such 29 sanitary district, provided that any city, village or 30 incorporated town which obtains water indirectly may charge a 31 rate sufficient to cover the costs of financing, 32 constructing, operating and maintaining its waterworks 33 facilities used to provide water service to any city, 34 village, township, incorporated town or other municipal -3- SRS90S0082PMch 1 corporation and in the event that thereafter such rate is not 2 agreed upon by the parties or is not otherwise provided for 3 by contract, such rate shall be fixed and determined by the 4 Circuit Court of Cook County upon petition filed therein. 5 (Source: P.A. 83-835.)