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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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-131-1
(65 ILCS 5/11-131-1) (from Ch. 24, par. 11-131-1)
Sec. 11-131-1.
The corporate authorities of any municipality, whether incorporated
under a special charter or the general law, which now has, or hereafter
may have, established or leased a waterworks system for the supply of
water to its inhabitants, has the power annually to levy and collect a
tax not to exceed .0166% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property in the
municipality, for the extension of watermains or pipes in the municipality and for the
maintenance of its waterworks system, or for the creation of a sinking
fund to be applied to the establishment of a waterworks system. However,
the board of public works of the municipality, if any, or the head of the municipality's
water department, shall first certify to the corporate authorities the amount
that will be necessary for the specified purposes, and shall further
certify that the revenue from the waterworks system will be insufficient
therefor. This tax shall be known as the water fund tax and shall be
levied and collected in the same manner as are the other general taxes
of the municipality. A two-thirds majority of all the corporate authorities
may levy and collect annually, a
tax not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property in the
municipality, for the specified purposes.
The corporate authorities of each municipality, with the concurrence of
two-thirds of all of the members elected thereto, may
levy and collect annually, in addition to all other taxes now authorized
by law, a further tax of not to exceed .033% of the value, as equalized
or assessed by the Department of Revenue, of the
taxable property in the municipality, to be used exclusively for the purpose of
supplying water to the municipality.
Nothing in this Section increases the aggregate amount of tax, as
limited in Section 8-3-1, that may be levied in any one year.
(Source: P.A. 81-1550.)
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65 ILCS 5/Art. 11 Div. 132
(65 ILCS 5/Art. 11 Div. 132 heading)
DIVISION 132.
BETTERING SOURCE OF CITY WATER SUPPLY
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65 ILCS 5/11-132-1
(65 ILCS 5/11-132-1) (from Ch. 24, par. 11-132-1)
Sec. 11-132-1.
All cities owning or operating waterworks under any charter
granted by an act of any General Assembly of this state, or under the
general incorporation laws of this state, whether by boards of water
commissioners or by officers appointed for that purpose, have the powers
and privileges granted by Section 11-132-2, for the purpose of increasing
or bettering the source of supply from which their water is obtained.
(Source: Laws 1961, p. 576.)
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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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