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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-135-5
(65 ILCS 5/11-135-5) (from Ch. 24, par. 11-135-5)
Sec. 11-135-5.
Whenever bonds are issued under this Division 135 the
revenue received from the operation of the properties under the control
of the commission shall be set aside as collected and deposited in a
separate fund to be used only (1) in paying the cost of the operation
and maintenance of those properties, (2) in providing an adequate
depreciation fund, (3) in paying the principal of and interest upon the
revenue bonds issued by the commission, as provided by this Division
135, (4) to comply with the covenants of the ordinance or resolution authorizing
the issuance of such bonds, and (5) to carry out the corporate purposes
and powers of the commission.
In case the commission has charge of the operation of a complete
waterworks system, including the distribution mains, the commission
shall establish rates and charges for water which shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an adequate
depreciation fund, to pay the principal of and interest upon all
revenue bonds issued as provided by this Division 135, to comply with
the covenants of the ordinance or resolution authorizing the issuance of
such bonds, and to carry out the corporate purposes and powers of the commission.
Charges and rates shall be established, revised, and maintained by ordinance
and become payable as the commission may determine by ordinance.
In case the commission has charge of the operation of a common source of
supply of water, the municipalities represented by the commission shall
contract with the commission for water. These municipalities shall establish
such charges and rates for water supplied by them to consumers as will be
sufficient at all times (1) to pay the cost of operation and maintenance
of the respective waterworks systems (or waterworks and sewerage systems,
where combined) of the municipalities, (2) to provide an adequate depreciation
fund therefor, (3) to pay the principal of and interest on all
revenue bonds of the municipalities payable from the revenues of the waterworks
system (or combined waterworks and sewerage system), and (4) to pay the
charges and rates established by the commission for the sale of water by
the commission to those municipalities. The commission shall
establish such charges and rates for water supplied to those municipalities
as will be sufficient at all times (1) to pay the cost of operation and
maintenance of the common source of supply of water, (2) to provide an adequate
depreciation fund therefor, (3) to
pay the principal of and interest on the revenue bonds issued by the
commission, (4) to comply with the covenants of the ordinance or resolution
authorizing the issuance of such bonds, and (5) to carry out the corporate
purposes and powers of the commission, under the provisions of this Division
135. Contracts
entered into between the commission and the specified municipalities shall
include covenants for the establishment of rates and charges as
provided in this section.
Municipality contributions to the Illinois Municipal Retirement Fund,
by commissions created under this Division 135 which have been included
under that Fund, shall be considered a cost of operation and maintenance
for the purposes of this Section.
Any holder of a bond or of any of its coupons, issued under this
Division 135, in any civil action, mandamus, or other proceeding, may
enforce and compel performance of all duties required by this Division
135 to be performed by such a commission or by any of the
municipalities, including the making of rates and charges, the
collecting of sufficient revenue, and the application thereof, as
provided in this Division 135.
All contracts for the construction of a waterworks system or of a
common source of supply of water, or both, to be let by such a
commission, shall be entered into only after advertising for bids,
pursuant to a resolution to be adopted for that purpose by the
commission. A notice inviting bids shall be published in a newspaper
published and having a general circulation in the county or counties in
which the municipalities represented by the commission are located, not
more than 30 nor less than 15 days in advance of the receipt of the
bids. The notice shall be published at least twice. In the resolution
directing the advertising for bids the commission also shall establish
all requirements necessary for the bidding, for the awarding of
contracts, and for the approval of contractors' faithful performance
bonds.
(Source: P.A. 82-641.)
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65 ILCS 5/11-135-6
(65 ILCS 5/11-135-6) (from Ch. 24, par. 11-135-6)
Sec. 11-135-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties, or improvements
or extension or mains, pumping stations, reservoirs or other appurtenances
thereto, which such commission is authorized to make, the making of which
will require that private property be taken or damaged, such commission may
cause compensation therefor to be ascertained and may condemn and acquire
possession thereof in the same manner as nearly as may be, as provided for
the exercise of the right of eminent domain under the Eminent Domain Act. However,
proceedings to ascertain the compensation to be paid for taking or damaging
private property shall in all cases be instituted in the circuit court
of the county where the property sought to be taken or damaged is situated.
In addition, when a Water Commission created under the Water Commission
Act of 1985, as amended, requires that public property be taken or damaged
for the purposes specified above, such commission may condemn and acquire
possession of public property and cause compensation for such public
property to be ascertained in the same manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act, during such time as the Commission has the power to
initiate action in the manner provided by Article 20 of the Eminent Domain Act (quick-take procedure).
In the event a Commission created under the Water Commission Act of
1985 shall determine that negotiations for the acquisition of property or
easements for making any
improvement which such Commission is authorized to make have proven
unsuccessful and the Commission shall have by resolution adopted a schedule
or plan of operation for the execution of the project and therein made a
finding that it is necessary to take such property or easements immediately
or at some specified later date in order to comply with the schedule, the
Commission may commence proceedings to acquire such property or easements
in the same manner provided in Article 20 of the Eminent Domain Act (quick-take procedure); except that if the property or easement is
located in a municipality having more than 2,000,000 inhabitants, the
Commission may not commence such proceedings until the acquisition has been
approved by ordinance of the corporate authorities of the municipality.
Any commission has the power to acquire, hold, sell, lease as lessor or
lessee, transfer or dispose of real or personal property, or interest
therein, as it deems appropriate in the exercise of its powers for its
lawful purposes. When, in the opinion of a commission, real estate owned by
it, however acquired, is no longer necessary, appropriate, required for
the use of, profitable to, or for best interest of the commission, such
commission may, by resolution, lease such surplus real estate for a period
not to exceed 99 years, or sell such surplus real estate, in accordance
with procedures adopted by resolution by such commission.
(Source: P.A. 94-1055, eff. 1-1-07.)
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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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