|
be located in more than a single county, and where, |
because of economic development and population growth and |
proximity to large urban centers, the health, safety, and |
welfare of the residents is threatened by the continuing |
reduction in the amount of ground water and quality of |
ground water that can be obtained from the aquifers. |
(2) Because of a need to provide such municipalities a |
continuing, available, and adequate source and supply of |
water on an economically viable basis, it is necessary and |
desirable to establish a different structure for |
municipalities in the affected region to jointly establish |
a source of water supply and the necessary waterworks and |
other supporting facilities as needed to provide a |
reliable, sustainable, and high-quality source of water on |
a cost-effective basis. |
(3) It is not the intent of the General Assembly to |
interfere with the structure and operation of other water |
commissions and county water commissions already existing |
around the State on the effective date of this amendatory |
Act of the 102nd General Assembly or to interfere with the |
power of municipalities to provide for the retail |
distribution of water to its residents or the customers of |
its water systems. |
(4) It is in the State's best interest to provide for a |
sufficient and economic supply of water to such areas.
|
|
(65 ILCS 5/11-135.5-10 new) |
Sec. 11-135.5-10. Regional water commissions. |
Municipalities may enter into joint efforts to acquire, |
develop, and operate a waterworks system or a common source of |
supply of water, or both, through intergovernmental |
cooperation in a regional water commission as provided in this |
Division.
|
(65 ILCS 5/11-135.5-15 new) |
Sec. 11-135.5-15. Establishment of commission; members; |
initial costs and funding. |
(a) Establishment of commission. Two or more |
municipalities, at least one of which is located in whole or in |
part in the county of Cook, Kane, Kendall, Lake, McHenry, or |
Will and has 140,000 or more inhabitants at the time of |
establishment of a regional water commission, excluding 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. The municipality meeting the requirement to have |
140,000 or more inhabitants as required by this paragraph must |
have attained that population as of the effective date of this |
amendatory Act of the 102nd General Assembly. |
The corporate authorities of the municipalities desiring |
|
to avail themselves of the provisions of this Division shall |
establish a regional water commission by adopting an 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, and approving an intergovernmental |
agreement among the municipalities establishing the regional |
water commission. This agreement may be amended at any time |
upon the adoption of concurring ordinances by the corporate |
authorities of all member municipalities. |
(b) Addition or withdrawal of members; dissolution. The |
agreement may provide for additional municipalities to join |
the commission upon adoption of an ordinance by the corporate |
authorities of the joining municipality and, upon such |
consents, conditions, and approvals of the board of |
commissioners and of existing member municipalities as shall |
be provided in the agreement. The agreement shall provide the |
manner and terms on which a municipality may withdraw from |
membership in the commission and on which the commission may |
terminate and dissolve in whole or in part. |
(c) Filing of agreement. Promptly upon entering into the |
agreement or any amendment to it, a copy of such agreement or |
amendment shall be filed in the office of the Secretary of |
State. Promptly upon the addition or withdrawal of a |
municipality, or, upon the dissolution of the commission, that |
fact shall be certified by an officer of the commission to the |
Secretary of State. |
|
(d) Development costs. A municipality whose corporate |
authorities adopted an ordinance and approved an |
intergovernmental agreement 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, may from time to time pay, advance, or obligate |
itself to the commission to bear a proportionate share of the |
development costs, including principal and interest, of any |
project proposed by the commission, including plans, |
feasibility reports, and engineering, even if the project is |
never constructed or water is never supplied by the commission |
to such municipality. |
Whenever the corporate authorities of a municipality |
determine that the municipality will pay, advance, or be |
obligated for its proportionate share of development costs as |
provided in this subsection, they shall adopt an ordinance |
declaring their intention that the municipality will do so, |
fix the maximum amount of the municipality's share of the cost |
the municipality proposes to pay or that the municipality will |
advance or to obligate the municipality for, the period over |
which it is proposed to pay the obligation (not exceeding 10 |
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 not exceeding 10 years from the final maturity date of |
the original obligation. On and after the date such ordinance |
|
becomes effective, the municipality shall include an amount |
sufficient to pay the annual installments of its obligation |
each year in the next succeeding appropriation ordinances. The |
commission may require that if any such municipality whose |
corporate authorities determined to pay, to advance, or to |
obligate the municipality to the commission for development |
costs defaults in such payments, advances, or obligations, |
then the remaining municipalities whose corporate authorities |
have determined to pay, to advance, or to obligate the |
respective municipalities to the commission for development |
costs will be required to pay for all or a portion of the |
payments, advances by, or obligations of the defaulting |
municipality. No prior appropriation shall be required for the |
corporate authorities of a municipality to authorize the |
payments, advances, or obligations herein provided for. |
Whenever the corporate authorities of a municipality have |
obligated the municipality for development costs as herein |
provided and after the effective date of the ordinance under |
which the municipality became obligated 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 ordinance or |
resolution borrow money and issue its interim notes to |
evidence borrowings for such purpose, including all necessary |
|
and incidental expenses in connection therewith. |
An ordinance or resolution authorizing the issuance of |
such notes shall describe the project and the development |
costs to be undertaken and specify the principal amount, rate |
of interest as authorized under Section 2 of the Bond |
Authorization Act, 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 10 years from date. |
Contemporaneously with the issuance of revenue bonds under |
Section 11-135.5-30, 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, or, in the alternative, the |
commission may determine to pay such interim notes out of |
receipts from other sources available to the commission, |
including grants and loans. |
Whenever a member municipality has incurred development |
costs for a project and has advanced funds or otherwise |
obligated itself for the payment of such costs, the commission |
is authorized to accept assignment of such debt instruments |
and the payment obligations thereunder and to thereafter make |
all necessary payments to meet such obligations out of |
|
receipts from other sources available to the commission, |
including grants and loans. |
As used in this subsection, "development costs" means the |
costs of development of a project, including debt incurred and |
principal and interest payments, whether incurred by the |
commission or a member municipality. |
(e) Construction and operating costs. A municipality, the |
corporate authorities of which adopted an ordinance and |
approved an intergovernmental agreement 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, may from time to time pay, advance, or obligate |
itself to the commission to bear a proportionate share of the |
construction and operating costs of any project proposed by |
the commission. |
Whenever the corporate authorities of a municipality |
determine that the municipality will pay, advance, or be |
obligated for its proportionate share of construction or |
operating costs as above provided, they shall adopt an |
ordinance declaring their intention to do so, fix the maximum |
amount of the municipality's share of the cost it proposes to |
pay, to advance, or to obligate itself for, fix the period over |
which it is proposed to pay the obligation, and state the |
maximum amount to be paid annually, if such obligation is to be |
paid in installments. On and after the date such ordinance |
becomes effective, the municipality shall include an amount |
|
sufficient to pay the annual installments of its obligation |
each year in the next succeeding appropriation ordinances. The |
commission may require that if any such municipality whose |
corporate authorities determined that the municipality will |
pay, advance, or be obligated to the commission for |
construction or operating costs defaults in such payments, |
advances, or obligations, then the remaining municipalities |
whose corporate authorities have determined that the |
municipality will pay, advance, or be obligated to the |
commission for construction or operating costs will be |
required to pay for all or a portion of the payments, advances |
by, or obligations of the defaulting municipality. No prior |
appropriation shall be required for the corporate authorities |
of a municipality to authorize the payments, advances, or |
obligations herein provided for. |
Whenever a municipality, through its corporate |
authorities, has paid, advanced, or obligated the municipality |
for development, construction, or operating costs as herein |
provided, the commission may contract with the municipality, |
on such terms as may be agreed, for the repayment to the |
municipality by the commission of any payment or advance made |
by the municipality to the commission and to charge, in |
addition to all other charges and rates authorized under 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 or, in the alternative, the |
commission may determine to pay all or part of such amounts out |
of receipts from other sources available to the commission, |
including grants and loans. |
Whenever a member municipality has incurred construction |
and operating costs for a project and has advanced funds or |
otherwise obligated itself for the payment of such costs, the |
commission is authorized to accept assignment of such debt |
instruments and the payment obligations thereunder and to |
thereafter make all necessary payments to meet such |
obligations from the proceeds of revenue bonds authorized to |
be issued by the commission pursuant to this Division or, in |
the alternative, the commission may determine to pay all or |
part of such amounts out of receipts from other sources |
available to the commission, including grants and loans. |
As used in this subsection, "construction and operating |
costs" means the costs of construction and operation of a |
project, including debt incurred and principal and interest |
payments, whether incurred by the commission or a member |
municipality. |
(f) Commission facilities. A waterworks system or a common |
source of supply of water, or both, purchased or constructed |
by the commission: (1) may be located within or without the |
|
corporate limits of any member municipality; (2) may include, |
or may consist of, without limitation, facilities for |
receiving, storing, and transmitting water from any source for |
supplying water to member municipalities and other purchasers |
of water from the commission; and (3) may include, without |
limitation, facilities that are developed, acquired, |
constructed, extended, or improved by the commission that may |
at any time be owned by another unit of local government if |
such facilities will serve the waterworks system or provide a |
common source of supply of water for the commission.
|
(65 ILCS 5/11-135.5-20 new) |
Sec. 11-135.5-20. Board of commissioners. |
(a) Appointment of commissioners. Upon the adoption of an |
ordinance and intergovernmental agreement by the corporate |
authorities of a municipality under this Division, the mayor |
or president, with the approval of the corporate authorities, |
shall appoint a commissioner. |
(b) Commission. The commissioners so appointed by each of |
the municipalities shall constitute a commission and a |
municipal corporation and a public body politic and corporate |
with the powers and duties specified in this Division. The |
corporate name of the commission and its duration shall be |
provided in the agreement, and in such name the commission may |
contract and be contracted with and sue and be sued. The |
commissioners shall be collectively referred to as a board of |
|
commissioners. |
(c) Term; qualifications; compensation; bonds. Each |
commissioner appointed by a mayor or president shall be the |
mayor or president or an elected member of the corporate |
authorities of the municipality from which the appointment is |
made. The agreement establishing the commission shall specify |
the period during which a commissioner shall hold office and |
may provide for the appointment of alternate commissioners |
from member municipalities. No commissioner may receive any |
compensation for serving as commissioner. Each commissioner |
shall furnish a bond for the faithful performance of that |
commissioner's official duties. This bond shall not be less |
than $5,000 and its costs shall be paid by the commission. |
(d) Removal; prohibited interests. Each commissioner may |
be removed by the corporate authorities of the municipality |
from which the commissioner was appointed for any cause for |
which any municipal officer may be removed. No commissioner or |
employee of the commission and no mayor, president, member of |
the corporate authorities, or 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. |
(e) Violations. A violation of this Section is a Class C |
misdemeanor. A conviction is cause for the removal of a person |
from office or employment.
|
|
(65 ILCS 5/11-135.5-25 new) |
Sec. 11-135.5-25. Board organization and powers. |
(a) Organization of board. A commission shall organize by |
electing a chair from among its own members and shall elect |
persons, who need not be commissioners, to such other offices |
as shall be designated in the agreement. It shall adopt its own |
bylaws, rules, and regulations 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 agreement and |
ordinances for acquiring and operating the same, and in their |
maintenance, operation, and extension. The board of |
commissioners shall determine the general policy of the |
commission, shall approve the annual budget, shall make all |
appropriations (which may include appropriations made at any |
time in addition to those made in any annual appropriation |
document), shall approve all contracts for the purchase or |
sale of water, shall adopt ordinances or resolutions providing |
for the issuance of bonds or notes by the commission, shall |
adopt its bylaws, rules, and regulations, and shall have such |
other powers and duties as may be prescribed in the agreement. |
Such agreement may further specify the voting and approval |
requirements for actions regarding the commission's powers and |
duties, including those powers and actions of the commission |
which shall be authorized only upon votes of greater than a |
majority of all commissioners or only upon consents of the |
|
corporate authorities of a certain number of member |
municipalities, or both. |
The agreement may provide for the establishment of a |
technical advisory committee to consist of a municipal |
employee member from each member municipality as designated by |
ordinance or other official action, from time to time by the |
corporate authorities of the member municipality, and having |
the qualifications as prescribed in the agreement, and also |
may provide for such functions and duties of the committee as |
will support the efficient administration and operation of the |
commission. |
The board of commissioners may establish other committees |
from time to time, consisting of either members of the board or |
members who are municipal employees from each member |
municipality, in order to support the efficient administration |
and operation of the commission. |
(b) Water contracts to acquire water supply. A commission |
may contract to acquire a supply of water on such terms and |
conditions as it finds in the best interests of the commission |
for a period not exceeding 101 years. A commission may |
contract with any person, corporation, political subdivision, |
municipal corporation, or other governmental or |
non-governmental entity for a supply of water, and any such |
political subdivision, municipal corporation, or other |
governmental entity is authorized to enter into such a |
contract with the commission. A commission may accept from a |
|
municipality that is a member of the commission the assignment |
of a contract to acquire a supply of water and to accept and |
perform the duties and obligations and make all payments |
required pursuant to such assigned contract. |
A contract made by or assigned to a commission for a supply |
of water may contain provisions whereby the commission is |
obligated to pay for such supply of water without setoff or |
counterclaim and irrespective of whether such supply of water |
is ever furnished, made available, or delivered to the |
commission or whether any project for the supply of water |
contemplated by the contract is completed, operable, or |
operating and notwithstanding any suspension, interruption, |
interference, reduction, or curtailment of the supply of water |
from such project. |
No prior appropriation shall be required before entering |
into or accepting assignment of such contract, and no |
appropriation shall be required to authorize payments to be |
made under the terms of the contract, notwithstanding any |
provision of this Code to the contrary. The contract shall not |
be a debt within the meaning of any statutory or |
constitutional limitations. |
(c) Water contracts to provide water supply to members. |
The commission is authorized to contract with the |
municipalities which established the commission, and with |
other municipalities that have become members pursuant to the |
process established in the intergovernmental agreement, for a |
|
supply of water to those municipalities, for a period not |
exceeding 101 years, and those municipalities are authorized |
to enter into such contracts with the commission. |
Any such contract made by a commission and any such |
municipalities to supply water may contain provisions whereby |
the purchasing municipality is obligated to pay for such |
supply of water without setoff or counterclaim and |
irrespective of whether such supply of water is ever |
furnished, made available, or delivered to the purchasing |
municipality or whether any project for the supply of water |
contemplated by any such contract is completed, operable, or |
operating and notwithstanding any suspension, interruption, |
interference, reduction, or curtailment of the supply of water |
from such project. Any such contract may provide that if one or |
more of the other purchasers' defaults in the payment of its |
obligations under the contract or similar contract made with |
the supplier of the water, the remaining purchasers party to |
such contract or such similar contract shall be required to |
pay for all or a portion of the obligations of the defaulting |
purchaser. Each municipality that enters into such a contract |
shall be obligated and have the duty to include an amount |
sufficient to pay the annual amount 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 provided for |
in such contracts or this subsection. |
|
(d) Water contracts to provide water supply to nonmembers |
and extend system. A commission may supply water to and |
contract with a person, corporation, political subdivision, |
municipal corporation, or other governmental or |
non-governmental entity, in addition to the municipalities |
which have formed the commission and other municipalities that |
have become members pursuant to the process established in the |
intergovernmental agreement, and to construct water |
transmission and distribution lines within a radius of 25 |
miles outside the corporate limits of member municipalities |
for the purpose of furnishing water to any additional entities |
which contract with the commission for a supply of water, upon |
such payment, terms, and conditions as may be mutually agreed |
upon. Any such contract shall be a continuing, valid, and |
binding obligation of the purchaser for such period of years, |
not to exceed 40, as may be provided in such contract. |
Any such contract entered into to supply water to a |
municipal corporation or political subdivision shall provide |
that the payments to be made thereunder shall be from the |
revenues to be derived by such municipality or political |
subdivision from the operation of the waterworks system or |
combined waterworks and sewer system of such municipality or |
political subdivision or from receipts from other sources |
available to the municipality or political subdivision, |
including grants and loans. Any such contract made by a |
commission and a purchaser that is such a municipal |
|
corporation or political subdivision to supply water may |
contain provisions whereby the purchaser is obligated to pay |
for such supply of water without setoff or counterclaim and |
irrespective of whether such supply of water is ever |
furnished, made available, or delivered to the purchaser or |
whether any project for the supply of water contemplated by |
any such contract is completed, operable, or operating and |
notwithstanding any suspension, interruption, interference, |
reduction, or curtailment of the supply of water from such |
project. The contract may provide that, if one or more of the |
other purchasers defaults in the payment of its obligations |
under such contract or similar contract made with the supplier |
of the water, the remaining purchasers party to such contract |
or such similar contract shall be required to pay for all or a |
portion of the obligations of the defaulting purchaser. Each |
municipal corporation or political subdivision that enters |
into such a contract shall be obligated and have the duty to |
include an amount sufficient to pay the annual amount of its |
obligation each year in the next succeeding appropriation |
ordinances. No prior appropriation shall be required for a |
municipality or political subdivision to authorize the |
payments, advances, or obligations provided for in such |
contracts or this subsection. Any such contract shall not be a |
debt within the meaning of any statutory or constitutional |
limitations. |
(e) Additional powers. In addition to any other powers set |
|
forth in this Division and in the agreement, a commission 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 or other |
governmental entity in order to carry out the purposes for |
which the commission was formed.
|
(65 ILCS 5/11-135.5-30 new) |
Sec. 11-135.5-30. Revenue bonds. |
(a) Revenue bonds; power; purposes. A commission may from |
time to time issue its revenue bonds in such principal amounts |
as the commission deems 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 on, if any, and interest on 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. |
(b) Source of payment. Every issue of bonds of a |
commission shall be payable out of the revenues to be derived |
pursuant to contracts with the specified municipalities and |
other purchasers of water 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 determines, |
including bonds as to which the principal and interest are |
payable 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, |
contribution, or other revenue source from the United States, |
the State of Illinois, or any unit of local government, or any |
combination thereof. |
(c) Receipt of funds by treasurer. Before the treasurer of |
the commission is entitled to receive the proceeds of the sale |
of such a bond issue, the treasurer 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, the treasurer shall supply a separate corporate |
surety bond for the faithful accounting of any funds that may |
come into that individual's possession in an amount equal to |
the amount of funds likely to come into the treasurer's 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 |
requirement to supply corporate surety bonds under this |
subsection does not apply to the extent that the proceeds of |
the sale of the bonds and other funds are subject to the |
administration of the trustee pursuant to a trust indenture |
with a bank or trust company. |
(d) Approval process; terms. The revenue bonds shall be |
issued pursuant to an ordinance or resolution, or, in the |
alternative, pursuant to a master trust indenture as well as a |
supplemental trust indenture with each issuance, 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 |
the Bond Authorization Act, 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, 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, or |
the master trust indenture or supplemental trust indenture or |
both, 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 master trust indenture and |
any supplemental trust indenture shall be entered into with a |
bank or trust company within or outside the State having trust |
powers and possessing capital and surplus of not less than |
$50,000,000. 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, or |
the master trust indenture or supplemental trust indenture or |
both, refer to plans and specifications nor that there be on |
file for public inspection prior to the adoption of such |
ordinance or resolution, or the master trust indenture or |
supplemental trust indenture or both, detailed plans and |
specifications of the project. This ordinance or resolution, |
or the master trust indenture or supplemental trust indenture |
or both, 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 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 municipalities that have formed the commission |
and to other municipalities that have become members pursuant |
to the intergovernmental agreement, as well as contracts |
entered into with other persons, corporations, political |
subdivisions, municipal corporations, or other governmental or |
non-governmental entities and from the operation of its |
properties, shall be accounted for as provided in the |
ordinance or resolution, or the master trust indenture or |
supplemental trust indenture or both, authorizing the issuance |
of the bonds. Any commission created under the provisions of |
this Division may also issue bonds for the purpose of |
providing funds for the payment, refunding, or redemption of |
any of the commission's bonds or notes before, after, or at |
their maturity, including the payment of redemption premiums |
or interest accruing or to accrue on such bonds or notes being |
paid or redeemed, and for the payment of any installments of |
interest accrued or to accrue on any bond or note. |
(e) No limitation. The provisions of this Section are not |
a limit upon a municipality that is a home rule unit.
|
|
(65 ILCS 5/11-135.5-35 new) |
Sec. 11-135.5-35. Revenues; rates; costs; construction |
contracts. |
(a) Revenue fund. Whenever bonds are issued under this |
Division, 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, (4) to comply with the covenants of the ordinance or |
resolution, or the master trust indenture or any applicable |
supplemental trust indenture or both, authorizing the issuance |
of such bonds, and (5) to carry out the corporate purposes and |
powers of the commission. |
(b) Rates and charges for waterworks system. If 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 and the |
use of commission waterworks system facilities, 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, to comply with the covenants of the |
ordinance or resolution, or the master trust indenture or any |
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applicable supplemental trust indenture or both, 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. |
(c) Rates and charges for water source of supply. If 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 combined waterworks and |
sewerage systems) 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, and the use of commission |
waterworks system facilities by, those municipalities. The |
commission shall establish such charges and rates for water |
supplied to those municipalities and the use of commission |
waterworks system facilities 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 |
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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, or |
the master trust indenture or any applicable supplemental |
trust indenture or both, 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. |
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. |
(d) Pension costs. Contributions to a retirement fund or |
other pension alternative authorized by the Illinois Pension |
Code, including, without limitation, the Illinois Municipal |
Retirement Fund, by commissions created under this Division |
which have been included under the retirement fund or other |
pension alternative shall be considered a cost of operation |
and maintenance for the purposes of this Section. |
(e) Enforcement of obligations. A holder of a bond or of |
any of its coupons issued under this Division, in a civil |
action, mandamus, or other proceeding, may enforce and compel |
performance of all duties required by this Division 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. |
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(f) Construction contracts. All or any portion of a |
waterworks system or other public improvement of such a |
commission, when the expense thereof will exceed the greater |
of (i) $25,000 or (ii) the amount of expense above which a work |
or public improvement by a municipality must be let to the |
lowest responsible bidder after advertising for bids under |
Section 8-9-1 of this Code, shall be constructed, maintained, |
or repaired either: (1) by a contract let to the lowest |
responsible bidder after advertising for bids, in the manner |
prescribed by the commission's bylaws, rules, and regulations |
and by the vote required as established in the |
intergovernmental agreement pursuant to Section 11-135.5-25; |
or (2) without advertising for bids, if authorized by a vote of |
greater than a majority of all the commissioners as |
established in the intergovernmental agreement pursuant to |
Section 11-135.5-25. The commission's bylaws, rules, and |
regulations shall provide for an alternative procedure for |
emergency procurement if an emergency makes it impracticable |
to follow the procedures in this subsection. |
(g) Project labor agreement. In connection with a contract |
by a commission for the construction of all or any portion of a |
waterworks system or other public improvement of the |
commission, the commission must enter into a project labor |
agreement with the applicable local building trades council |
prior to the commencement of any and all construction, |
building, renovation, demolition, or any material change to |
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the structure or land.
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(65 ILCS 5/11-135.5-40 new) |
Sec. 11-135.5-40. Property. |
(a) Generally. A commission may (i) acquire, hold, sell, |
lease as lessor or lessee, transfer, or dispose of real or |
personal property, or interest therein, and (ii) acquire by |
gift, legacy, or grant any real estate or personal property, |
or rights therein, in all such instances as it deems |
appropriate in the exercise of its powers for its lawful |
purposes, whether the land or personal property is located |
within or outside the boundaries of the members of the |
commission. The commission also may accept any grant, subsidy, |
or contribution from the United States, the State of Illinois, |
a unit of local government, or any other governmental entity, |
or any combination thereof. |
(b) Private property. Whenever a commission passes 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 |
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Domain Act. However, proceedings to ascertain the compensation |
to be paid for taking or damaging private property shall be |
instituted in the circuit court of the county where the |
property sought to be taken or damaged is situated. |
(c) Public property. When a commission created under this |
Division requires that public property be taken or damaged for |
the purposes specified in this Section, the 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 while the commission has |
the power to initiate action in the manner provided by Article |
20 of the Eminent Domain Act. |
(d) Highways and public ground. A 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 the 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 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 |
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the laws of the State to regulate and control the same. Notice |
shall be given to the highway authorities of a 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. |
(e) Surplus property. 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 established in the |
intergovernmental agreement or bylaws or adopted by resolution |
by such commission. |
(f) Tax exemption. All property, income, and receipts of |
or transactions by a commission shall be exempt from all |
taxation, the same as if it were the property, income, or |
receipts of or transaction by the member municipalities. |
(g) Agricultural impact mitigation agreement. For any |
private property that is used for agricultural purposes, as |
defined in Section 1-60 of the Property Tax Code, that is |
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damaged or taken by a commission created under this Division, |
the commission shall enter into an agricultural impact |
mitigation agreement with the Illinois Department of |
Agriculture to ensure any negative impacts to private property |
are properly mitigated.
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(65 ILCS 5/11-135.5-45 new) |
Sec. 11-135.5-45. Laws not applicable. The provisions of |
this Division: (i) are not subject to Division 135 or Division |
136 of Article 11 of this Code or the Water Commission Act of |
1985; and (ii) do not apply to any commission formed or |
operating under Division 135 or Division 136 of Article 11 of |
this Code or the Water Commission Act of 1985.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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