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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/11-132-2
(65 ILCS 5/11-132-2) (from Ch. 24, par. 11-132-2)
Sec. 11-132-2.
Whenever, in the judgment of a majority of any board of
water commissioners, or if there is no such board, whenever in the judgment
of a majority of the city council of any city specified in Section
11-132-1, it is necessary for the public health, or for any other cause, to
increase the source of water supply, or to substitute for it such better
source as in their judgment the interests of the city may demand, the board
of water commissioners or the city council may dig wells, either by boring
or excavation, and protect and equip them, or they may lease water
privileges from persons owning wells already or hereafter to be dug.
Subject to the provisions of Section 11-132-3, the board of water
commissioners or the city council may pay for the boring, excavation, or
lease, and for the expenses incurred in maintaining and operating the
wells, only out of the surplus earnings of the city's waterworks.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-132-3
(65 ILCS 5/11-132-3) (from Ch. 24, par. 11-132-3)
Sec. 11-132-3.
No money, except the specified surplus earnings, shall
be expended under the provisions of Section 11-132-2, for the purposes
therein specified, until the question of the expenditure of the money
has been certified by the clerk submitted to a vote of the electors of the
city, and has received a favorable majority of the votes cast on the question.
(Source: P.A. 81-1489.)
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65 ILCS 5/Art. 11 Div. 133
(65 ILCS 5/Art. 11 Div. 133 heading)
DIVISION 133.
WATERWORKS CERTIFICATES OF
INDEBTEDNESS
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65 ILCS 5/11-133-1
(65 ILCS 5/11-133-1) (from Ch. 24, par. 11-133-1)
Sec. 11-133-1.
Any municipality with a population of 500,000 or more,
owning and operating its waterworks system, may pay for improving and
extending that system by the issuance and sale of certificates of
indebtedness of the municipality. These certificates shall bear interest at
a rate of not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable semi-annually, and shall mature within 25 years from the date
thereof; provided that any certificate issued and sold subsequent to
December 31, 1965, shall mature within 40 years from the date of issuance.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-133-2
(65 ILCS 5/11-133-2) (from Ch. 24, par. 11-133-2)
Sec. 11-133-2.
The corporate authorities of any municipality availing itself of the
provisions of this Division 133, shall adopt an ordinance describing in a
general way the improvements and extensions to be made and refer to the
plans and specifications therefor prepared for that purpose. These plans
and specifications shall be open to the inspection of the public. This
ordinance shall set out the estimated cost of the improvements and
extensions and shall fix the amount of certificates proposed to be issued,
the maturity, interest rate, and all details in respect thereof. After this
ordinance has been adopted and approved, it shall be published once in a
newspaper published and having a general circulation in the municipality.
This ordinance shall be in effect after the expiration of 10 days from the
date of this publication.
Certificates of indebtedness issued under this Division 133, shall be
payable solely from the revenue derived from the waterworks system, and
these certificates shall not in any event constitute an indebtedness of the
municipality within the meaning of the constitutional limitation. It shall
be plainly stated on the face of each certificate that it has been issued
under the provisions of this Division 133, and that it does not constitute
an indebtedness of the municipality within any constitutional or statutory
limitation. The total amount of these certificates that may be issued
during the 8 years' period of 1958 to 1965 both inclusive, shall not exceed
$150,000,000, which certificates may be issued from time to time within the
8 years' period. The total amount of these certificates that may be issued
during the six year period of 1966 to 1971 both inclusive, shall not exceed
$60,000,000 which certificates may be issued from time to time within the
six year period. The total amount of these certificates that may be issued
in the year 1972 shall not exceed $5,000,000 and in the year of 1973 and
each year thereafter shall not exceed $10,000,000.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 78-211.)
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65 ILCS 5/11-133-3
(65 ILCS 5/11-133-3) (from Ch. 24, par. 11-133-3)
Sec. 11-133-3.
Whenever certificates of indebtedness are issued pursuant to
this Division 133, the entire revenue received from the operation of the
waterworks system shall be deposited in a separate fund, designated as the
water fund of the municipality of ..... This fund shall be used only in
paying (1) the cost of maintenance and operation of the waterworks system,
(2) obligations of the municipality theretofore issued that are payable by
their terms from this revenue, whether in the form of certificates, bonds,
or otherwise, and (3) certificates issued pursuant to this Division 133.
Rates charged for water shall be sufficient to pay the cost of
maintenance and operation and to pay the principal of and interest upon all
of the specified certificates and bonds. These rates shall not be reduced
while any of these certificates or bonds are unpaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-133-4
(65 ILCS 5/11-133-4) (from Ch. 24, par. 11-133-4)
Sec. 11-133-4.
In case any officer whose signature appears on the specified
certificates or the coupons attached thereto ceases to hold his office
before the delivery of the certificates to the purchaser, his signature
nevertheless shall be valid and sufficient for all purposes, to the same
effect as if he had remained in office until the delivery of the
certificates. The specified certificates shall have all the qualities of
negotiable paper under the law merchant and the negotiable instruments law.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 134
(65 ILCS 5/Art. 11 Div. 134 heading)
DIVISION 134.
WATER FILTRATION IN CITIES WITH
25,000 TO 500,000 INHABITANTS
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65 ILCS 5/11-134-1
(65 ILCS 5/11-134-1) (from Ch. 24, par. 11-134-1)
Sec. 11-134-1.
Any city with a population of 25,000 or more but less than
500,000 which owns or operates its waterworks system, may contract with any
person for the filtration and treatment of its water supply.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-2
(65 ILCS 5/11-134-2) (from Ch. 24, par. 11-134-2)
Sec. 11-134-2.
The city council of any city availing itself of the
provisions of this Division 134, shall adopt an ordinance, incorporating
therein the contract to be entered into and authorizing the execution
thereof on behalf of the city. The contract, among other things, (1) shall
describe in a general way the plans and equipment to be constructed for the
purpose of such filtration and treatment, (2) shall refer to and make a
part thereof the plans and specifications for the plants and equipment, (3)
shall provide for the manner, terms, and conditions upon which the water is
to be filtered and treated, (4) shall provide for and fix the rate at which
the water will be filtered and treated, and (5) may prescribe a method of
redetermining that rate in the event such redetermination is provided for
by the terms of the contract. The rate so fixed and the method so
prescribed for redetermining the rate shall not be modified during the term
of the contract without the consent of both the city and the other
contracting party.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-3
(65 ILCS 5/11-134-3) (from Ch. 24, par. 11-134-3)
Sec. 11-134-3.
Such a contract may provide that the city has the right, at
its option, to acquire the filtration and treatment plants and equipment to
be constructed, upon the terms and conditions therein set forth. Filtration
and treatment plants and equipment so acquired by any city shall become a
part of its waterworks system, and the revenue derived therefrom shall be
deposited at all times in the water fund of the city provided for in
Section 11-134-5, for the uses and purposes therein specified.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-4
(65 ILCS 5/11-134-4) (from Ch. 24, par. 11-134-4)
Sec. 11-134-4.
At all times during the term of such a contract the city
shall establish, maintain, and collect rates for water supplied or
delivered to its water consumers sufficient to enable the city to pay for
all water filtered and treated under the terms of the contract at the rates
therein provided for. But this provision does not relieve the city from any
obligation to maintain such other rates as may be imposed upon it under the
terms of any other statutory provision or contract.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-5
(65 ILCS 5/11-134-5) (from Ch. 24, par. 11-134-5)
Sec. 11-134-5.
During the term of such a contract, the entire revenue
received by the city from the operation of its waterworks system shall be
deposited in a separate fund designated as the water fund of the city of
..... This fund shall be used only in paying, first, the cost of
maintenance and operation of the waterworks system, and then the
obligations, in whatever form, of the city that are payable by their terms
from that revenue. All charges or payments required to be paid by the city
under such a contract for the filtration and treatment of its water supply
shall be deemed to be part of the cost of maintenance and operation of its
waterworks system.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-6
(65 ILCS 5/11-134-6) (from Ch. 24, par. 11-134-6)
Sec. 11-134-6.
The performance of the terms and the observance of the
provisions of such a contract for the filtration and treatment of the water
supply of such a city may be enforced in any civil action, mandamus, injunction or
other proceeding.
(Source: P.A. 83-345.)
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65 ILCS 5/11-134-7
(65 ILCS 5/11-134-7) (from Ch. 24, par. 11-134-7)
Sec. 11-134-7.
All charges or payments to be made by any city under such a
contract for the filtration and treatment of its water supply shall be made
solely out of revenue derived by the city from the operation of its
waterworks system. The obligation of the city to make payments under such a
contract is limited solely to that revenue and does not constitute an
indebtedness to the city within the meaning of any constitutional or
statutory limitation.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-134-8
(65 ILCS 5/11-134-8) (from Ch. 24, par. 11-134-8)
Sec. 11-134-8.
Sections 11-134-1 through 11-134-7, without reference to any
other statutory provisions, authorize any city with a population of 25,000
or more but less than 500,000 to enter into a contract for the purpose
declared in those sections without submitting a proposition for the
approval of the contract to the electors of the city.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 135
(65 ILCS 5/Art. 11 Div. 135 heading)
DIVISION 135.
JOINT ACQUISITION AND OPERATION
OF WATER SUPPLY AND WATERWORKS
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65 ILCS 5/11-135-1
(65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1)
Sec. 11-135-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or a common source of supply of water, or both, and may
operate jointly a waterworks system or a common source of supply of water,
or both, and improve and extend the same, as provided in this Division 135.
The corporate authorities of the specified municipalities desiring to avail
themselves of the provisions of this Division 135 shall adopt a resolution
or ordinance determining and electing to acquire and operate jointly a
waterworks system or a common source of supply of water or both, as the
case may be. Such resolution or ordinance may be rescinded at any time
prior to the issuance and sale of revenue bonds and after the rescinding
municipality has no outstanding obligation to pay a proportionate share
of the costs of development, construction or operation.
Any municipality adopting 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, is
authorized from time to time to pay, to advance or to obligate itself to
the Commission, to bear a proportionate share of the development costs of
any project proposed by the Commission including plans, feasibility reports
and engineering even though the project is never constructed or water is
never supplied by the Commission to such municipality.
Whenever any municipality determines to pay, to advance or to obligate
itself for its proportionate share of development costs as above provided,
it shall adopt an ordinance declaring its intention to do so, fix the maximum
amount of its share of the cost it proposes to pay, to advance or to obligate
itself for, and the period over which it proposes to pay its obligation
(not exceeding 5 years) and the maximum amount to be paid annually, if such
obligation is to be paid in installments. The time of payment of any such
installment obligation may be extended for a period of not exceeding five years
from the final maturity date of the original obligation.
From and after such ordinance becomes effective, it shall be the duty of
the municipality to include an amount sufficient to pay the annual installments
of its obligation each year in the next succeeding appropriation ordinances. No
prior appropriation shall be required for a municipality to authorize the
payments, advances or obligations herein provided for.
Whenever any municipality has obligated itself for development costs as
herein provided and after the effective date of the ordinance under which
it obligated itself for a specific amount for development costs of a
project and after approval of such obligation by the Commission, the
Commission is authorized to borrow funds temporarily for payment of such
development costs in advance of permanent financing. The Commission may
from time to time and pursuant to an appropriate resolution borrow money
and issue its interim notes to evidence borrowings for such purpose,
including all necessary and incidental expenses in connection therewith.
Any resolution authorizing the issuance of such notes shall describe the
project and the development costs to be undertaken, specify the principal
amount, rate of interest 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, and the maturity
date which shall coincide with the due date of the obligations or the
installments thereof incurred by the respective municipalities pursuant to this
Section not, however, to exceed 5 years from date.
Contemporaneously with the issuance as provided by this Division of revenue
bonds, all outstanding interim notes issued for development costs of a project
though they have not then matured shall be paid, both principal and interest
to date of payment, from funds derived from the sale of revenue bonds for
the permanent financing of any such project for which interim notes may
have been issued and such interim notes shall be surrendered and cancelled.
Any municipality adopting 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 is further
authorized from time to time, to pay, to advance or to obligate itself to
the Commission to bear, a proportionate share of the construction and operating
costs of any project proposed by the Commission.
Whenever a municipality determines to pay, to advance or to obligate itself
for its proportionate share of construction or operating costs as above
provided, it shall adopt an ordinance declaring its intention to do so,
fix the maximum amount of its share of the cost it proposes to pay, to advance
or to obligate itself for, and the period over which it proposes to pay its
obligation and the maximum amount to be paid annually, if such obligation is to
be paid in installments. From and after such ordinance becomes effective, it
shall be the duty of the municipality to include an amount sufficient to pay
the annual installments of its obligation each year in the next succeeding
appropriation ordinances. No prior appropriation shall be required for a
municipality to authorize the payments, advances or obligations herein provided
for.
Whenever any municipality has paid, advanced or obligated itself for
development, construction or operating costs as herein provided, the Commission
is authorized to contract with such municipality, on such terms as may be
agreed, for the repayment to such municipality by the Commission of any payment
or advance made by such municipality to the Commission to charge, in addition
to all other charges and rates authorized under the provisions of this
Division, such rates and charges for water sold by the Commission as shall be
necessary to provide for such repayment. In addition, any payment or advance
of such costs made by a municipality pursuant to this Section may be repaid by
the Commission to the municipality from the proceeds of revenue bonds
authorized to be issued by the Commission pursuant to this Division 135.
(Source: P.A. 82-783 .)
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65 ILCS 5/11-135-2
(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2.
Upon the adoption of such an ordinance or resolution
by the corporate authorities of any such municipality, the mayor or
president, with the approval of the corporate authorities, shall appoint
a commissioner.
If under Section 11-135-3 a water commission meets the participatory
requirements, that water commission shall appoint a commissioner.
The commissioners so appointed by each of such
municipalities and participatory water commissions together with a like
commissioner appointed by the
presiding officer of the county board with the advice and consent of the
county board of the county in which the major part of the works of the
water commission are, or are to be, located, shall constitute a
commission and public corporation with the powers and duties specified
in this Division 135. The corporate name of the commission shall be
"(here insert an appropriate name indicative of the area) Water Commission"
and as such the
Commission may contract and be contracted with, and sue and be sued.
The commissioners so appointed shall serve for a term of 6 years, or until
their successors have been appointed and have qualified in the same manner
as the original appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective commissioners
whose terms shall be for 2, 4 and 6 years from the date of that meeting.
Each commissioner appointed by a mayor or president shall be an elector
or the chief administrator of the municipality for which he acts as
commissioner,
and the commissioner appointed by the presiding officer of the county board
shall be an elector of the county in which the major works of the water
commission are, or are to be, located. Any commissioner so appointed may
be a member of the governing board or officer or employee of the municipality
or county from which the appointment is made. A commissioner is eligible
for reappointment upon the expiration of his term. A vacancy shall be filled
for the balance of the unexpired term of the person who has ceased to hold
office by the mayor, president or county board presiding officer who initially
made such appointment in the same manner as the original appointment. Each
commissioner shall receive the same compensation, as determined by the
appointing authority, which shall not be more
than $2,000 per year, except that no commissioner who is a
member of the governing
board or officer of the municipality or county from which the
appointment
is made may receive any compensation for serving as commissioner. Each
commissioner shall furnish a bond for the faithful performance of his
official duties. This bond shall not be less than $5,000 and its costs
shall be paid by the commission.
Each commissioner may be removed for any cause for which any other
municipal officer may be removed. No commissioner, or employee of the
commission, and no mayor, or president, or other member of the corporate
authorities, or any employee of any of the municipalities, shall be
interested directly or indirectly in any contract or job of work or
materials, or the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this section is a
Class C misdemeanor. A conviction is cause for the removal of a person
from his office or employment.
(Source: P.A. 90-517, eff. 8-22-97; 91-659, eff. 12-22-99.)
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65 ILCS 5/11-135-3
(65 ILCS 5/11-135-3) (from Ch. 24, par. 11-135-3)
Sec. 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
constituting
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
exceeds
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.)
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65 ILCS 5/11-135-3.5 (65 ILCS 5/11-135-3.5) Sec. 11-135-3.5. Additional powers. 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.
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| (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.
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(Source: P.A. 94-123, eff. 1-1-06.)
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