(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) (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) (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) (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) (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 heading) DIVISION 127.
PURCHASE OR LEASE OF WATERWORKS
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(65 ILCS 5/11-127-1) (from Ch. 24, par. 11-127-1)
Sec. 11-127-1.
In all municipalities where waterworks have been
constructed, the corporate authorities of the municipality may purchase
or lease the waterworks from the owner thereof. However, such a lease or
purchase is not binding upon the municipality until the corporate
authorities pass an ordinance which includes the terms of the lease or
purchase therein. This ordinance shall be published at least once,
within 10 days after passage, in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in one or
more newspapers with a general circulation within the municipality. In
municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality.
The publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of authorizing the purchase or lease of waterworks
to be submitted to the electors; (2) the time in which such petition must
be filed; and (3) the date of the prospective referendum. The city clerk
shall provide a petition form to any individual requesting one.
If no petition is submitted to the corporate authorities, as provided
in this section, within 30 days after the ordinance is so published and
posted, the corporate authorities may consummate the lease or purchase
provided for in the ordinance. But if within this period of 30 days
there is presented to the corporate authorities a petition signed by
electors of the municipality numbering 10% or more of the number of
registered voters in the municipality asking that the question, whether the
lease or purchase should be made, be submitted to a vote, the corporate
authorities by ordinance shall designate the election at which the electors
of the municipality may vote upon that question and the city clerk shall
promptly certify the proposition for submission. If a
majority of the electors voting upon that question vote
in favor of making the lease or purchase, then the corporate authorities
shall proceed to complete the lease or purchase. But if a majority of
the votes cast on the question are against the lease or purchase, the
corporate authorities shall proceed no further with the lease or
purchase for the period of 6 months next ensuing.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-127-2) (from Ch. 24, par. 11-127-2)
Sec. 11-127-2.
Municipalities may borrow money, appropriate money, and levy
and collect a general tax in the same manner as other municipal taxes may
be levied and collected for the purchase and maintenance or the lease and
maintenance of such waterworks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 128 heading) DIVISION 128.
TAX FOR WATERWORKS PURCHASE,
CONSTRUCTION OR ENLARGEMENT
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(65 ILCS 5/11-128-1) (from Ch. 24, par. 11-128-1)
Sec. 11-128-1.
Subject to the provisions of Section 11-128-3, each
city and village may levy, in addition to the taxes now authorized by
law and in addition to the amount authorized to be levied for general
purposes as provided by Section 8-3-1, a direct annual tax of not more
than .1666% of the value, as equalized or assessed by the Department of
Revenue, upon all the property within the corporate
limits of the city or village. This tax is payable yearly for a period
of not more than 30 years. The proceeds of this tax shall be used solely
for the purchase, construction, and enlargement of waterworks.
The foregoing limitation upon tax rates in municipalities of less
than 1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-128-2) (from Ch. 24, par. 11-128-2)
Sec. 11-128-2.
Whenever any specified municipality desires to avail itself
of the provisions of this Division 128, the corporate authorities by
ordinance or resolution may contract for the purchase, construction, or
enlargement of waterworks for a provisionally certain fixed sum. The
contract for purchase, construction, or enlargement, together with a report
from the municipal engineer recommending the same, shall be published at
least once a week for 3 consecutive weeks in a newspaper with a general
circulation in the municipality. The corporate authorities shall also
provide in the specified ordinance or resolution for the levying of a
direct annual tax as authorized in Section 11-128-1. The total of this tax
for the term levied, together with the annual revenue which is estimated to
be derived from the waterworks, shall be sufficient to pay the contract
price for the waterworks, together with interest thereon. However, the
contract for the purchase, construction, or enlargement, and this tax,
shall not be valid or binding until confirmed by a vote as provided by
Section 11-128-3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-128-3) (from Ch. 24, par. 11-128-3)
Sec. 11-128-3.
Before they shall be valid and binding, the specified
contract and tax, after action by the corporate authorities, shall be
certified by the clerk and submitted for ratification to the electors of
the municipality. The notice shall specify the character of the waterworks
proposed to be purchased, constructed, or enlarged and the amount of the
tax to be levied. For 3 weeks preceding the election there shall be on file
in some public place, convenient of access, a full description of the
waterworks and a copy of the contract and of the report of the engineer,
for the inspection of the electors. Notice of where the documents are on
file shall be included in the notice of the election.
If 3/4 of all the electors voting on the proposition vote
in favor thereof, the contract and tax shall be binding and the tax
shall be duly levied. The proposition
shall be in substantially the following form:
Shall the city (or village) of .... construct, purchase, or enlarge YES (as the case may be) waterworks
and levy a tax of .... annually NO for .... years?
Whenever the electors of a city or village have ratified a contract
to purchase, construct, or enlarge waterworks and to levy a tax therefor
as provided in "An Act to enable cities and villages to provide,
construct, or enlarge waterworks and to provide for the management
thereof, and giving them authority to levy an annual tax and to pledge
the same in payment therefor," approved April 19, 1899, as amended, the
city or village may proceed or continue to exercise the power specified
in this Division 128 without again submitting the proposition to the
electors for approval.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/11-128-4) (from Ch. 24, par. 11-128-4)
Sec. 11-128-4.
The corporate authorities have the power to carry into
execution the contract for the purchase, construction, or enlargement of
waterworks when ratified by the electors, as directed in Section 11-128-3,
and to employ a superintendent and such other employees as may be necessary
and proper for the operation of the waterworks, for the collection of water
rentals, and for the conduct of the business necessary to the operation
thereof.
(Source: Laws 1961, p. 576.)
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