Illinois Compiled Statutes
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MUNICIPALITIES65 ILCS 5/11-135-3
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/11-135-3)
(from Ch. 24, par. 11-135-3)
Such a commission shall organize by appointing a
chairman from its own members and a clerk and treasurer, who need not be
commissioners. It shall adopt its own rules of procedure and provide
for its meetings. The commission has full and complete supervision,
management, and control of the waterworks system, or the common source
of supply of water, or both, as provided in the ordinances or
resolutions for acquiring and operating the same, and in their
maintenance, operation, and extension. The commission is authorized to
contract with the municipalities which established the commission for a
supply of water to those municipalities, for a period not exceeding 50
years, and the corporate authorities of those municipalities are
authorized to enter into contracts with the commission.
The commission is authorized to develop, promote and provide for
recreational facilities on property acquired in and for the operation of
its common source of supply of water and to include reasonable charges
for such recreational facilities as part of the cost of operation and
maintenance of the waterworks system.
Any 2 or more water commissions organized under this Division 135
may, by resolution adopted by each commission and ratified by the
corporate authorities of each of the municipalities comprising each of
the water commissions agree to the joint purchase, construction,
operation, improvement or extension, or any combination thereof, of
either or both a waterworks system and a common source of supply of
water for those commissions. When such an agreement has been executed,
the water commissions entering into that agreement may jointly issue
revenue bonds for the projects subject to the agreement in the same
manner and subject to the same conditions as are provided in this
Division 135 in the case of an individual water commission.
Any additional municipality or water commission may join and become a
part of the system
provided for in this Division 135 in the same manner as if participating
at the time of formation if approved by majority vote of the water
commissioners and such approval is ratified by resolution of the corporate
authorities of a majority of the municipalities or water commissions
the commission; except that if a system is composed of two municipalities,
only the approval of a majority of the water commissioners is required to
accept an additional municipality or water commission to the system. If a
municipality or water commission has
been a continuous customer of the same water commission for a minimum of
20 years, receives at least 90% of its water from the water commission,
and the population of the municipality or water commission
20% of the population of
the then current member municipalities in the water commission, that
municipality or water commission
shall become a part of the system.
In such event the name of the water commission may be
changed either to include the joining municipality's or water
commission's name or to provide
another name that is indicative of the area. The
membership of the
water commission shall be enlarged to include a member from such joining
municipality or water commission.
(Source: P.A. 91-659, eff. 12-22-99.)
65 ILCS 5/11-135-3.5
(65 ILCS 5/11-135-3.5)
In addition to any other powers set forth in this Division, a water commission organized under this Division has the following powers:
(1) The power to enter into intergovernmental police
assistance agreements with any municipality or county.
(2) The power to enter into intergovernmental
agreements with any unit of local government in order to carry out the purposes for which the commission was formed.
(Source: P.A. 94-123, eff. 1-1-06.)
65 ILCS 5/11-135-4
(65 ILCS 5/11-135-4)
(from Ch. 24, par. 11-135-4)
A commission may from time to time issue its revenue
bonds in such principal amounts as the commission shall deem necessary to
provide sufficient funds to carry out any of its corporate purposes and
powers, including, without limitation, developing, acquiring, constructing,
extending or improving a waterworks system or common source of supply of
water, or any combination thereof, the funding or refunding of the principal
of, redemption premium, if any, and interest on, any bonds issued by it
whether or not such bonds or interest to be funded or refunded have or have
not become due, the payment of engineering, legal and other expenses, together
with interest to a date one year subsequent to the estimated date of completion
of the project, the establishment or increase of reserves to secure or to
pay such bonds and interest thereon, the providing of working capital and
the payment of all other costs or expenses of the commission incident to
and necessary or convenient to carry out its corporate purposes and powers.
These bonds shall have all the qualities of negotiable instruments under
the laws of this State and shall not constitute indebtedness of any of the
municipalities constituting the commission.
Every issue of bonds of such commission shall be payable out of the revenues
to be derived pursuant to contracts with the specified municipalities and
participating water commissions or
by virtue of the operation of any properties acquired or to be acquired
or constructed. A commission may issue such types of bonds as it may
including bonds as to which the principal and interest are payable exclusively
from the revenues from one or more projects, or from an interest therein
or a right to the products and services thereof, or from one or more revenue
producing contracts made by the commission, or its revenues generally.
Any such bonds may be additionally secured by a pledge of any grant, subsidy,
or contribution from the United States, the State of Illinois, or any unit
of local government, or any combination thereof.
Before the treasurer of the commission is entitled to receive the proceeds
of the sale of such a bond issue, he shall supply a corporate surety bond
in an amount equivalent to the amount of funds to be derived from the sale
of the bonds, and, in addition thereto, he shall supply a separate corporate
surety bond for the faithful accounting of any funds that may come into
his possession in an amount equal to the amount of funds likely to come
into his hands in any one year from the revenue to be derived from the operation
of any of the properties of the commission. The cost of these surety bonds
shall be paid by the commission.
The revenue bonds shall be issued pursuant to an ordinance or resolution
and may be issued in one or more series, and shall bear such date or dates,
mature at such time or times within the estimated period of usefulness of
the project involved and in any event not more than 50 years from the date
thereof, bear interest at such rate or rates as authorized under Section
2 of "An Act to authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as now or hereafter amended,
which rates may be fixed or variable, be in such denominations, be in such
form, either coupon or registered, carry such conversion, registration,
and exchange privileges, have such rank or priority, be executed in such
manner, be payable in such medium of payment at such place or places within
or without the State of Illinois, be subject to such terms of redemption
with or without premium, and contain or be subject to such other terms as
the ordinance or resolution may provide, and shall not be restricted by
the provisions of any other law limiting the amounts, maturities, interest
rates, or other terms of obligations of public agencies or private persons.
The bonds shall be sold in such manner as the commission shall determine,
at private or public sale. It shall not be
necessary that the ordinance or resolution refer to plans and specifications
nor that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the
project. This ordinance or resolution may contain such covenants and
restrictions in relation to the operation of the properties under the
control of the commission and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for the assurance of
payment of the bonds thereby authorized and as may be thereafter issued.
It shall be plainly stated on the face of each bond that it does not
constitute an indebtedness of any municipality represented by the
commission within the meaning of any statutory or constitutional
limitation. Upon the issuance of revenue bonds, the revenue of the
commission derived pursuant to contracts entered into for the sale of
water to the specified municipalities and from the operation of its
properties, shall be accounted for as provided in the ordinance or
resolution authorizing the issuance of the bonds. Any commission created
under the provisions of this Division 135 may also issue new bonds for
the purpose of providing funds for the payment of unpaid bonds in
accordance with the procedure prescribed by this Division 135.
The amendatory Acts of 1971, 1972, 1973, 1975 and 1981
are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 91-659, eff. 12-22-99.)
65 ILCS 5/11-135-4.5
(65 ILCS 5/11-135-4.5)
From time to time, a commission may, after meeting all of the conditions set forth in Section 15 of the Local Government Debt Reform Act, issue alternate bonds as authorized under Section 15 of the Local Government Debt Reform Act.
(Source: P.A. 96-907, eff. 6-7-10.)