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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Intergovernmental Cooperation Act is | ||||||
5 | amended by changing Section 3.1 as follows:
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6 | (5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
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7 | Sec. 3.1. Municipal Joint Action Water Agency.
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8 | (a) Any municipality or municipalities of
this State, any | ||||||
9 | county
or counties of this State, any township in a county with | ||||||
10 | a population under
700,000 of this State, any public water | ||||||
11 | district or districts of this State, any body corporate and | ||||||
12 | politic, or
any combination thereof may, by intergovernmental | ||||||
13 | agreement, establish a
Municipal Joint Action Water Agency to | ||||||
14 | provide adequate supplies of water on an
economical and | ||||||
15 | efficient basis for member municipalities, public water
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16 | districts and other incorporated and unincorporated areas | ||||||
17 | within such counties.
For purposes of this Act, the water | ||||||
18 | supply may only be derived from Lake
Michigan, the Mississippi | ||||||
19 | River, the Missouri River, or the Sangamon
River
Valley | ||||||
20 | Alluvium. Any
such Agency shall itself be a municipal
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21 | corporation, public body politic and corporate. A Municipal | ||||||
22 | Joint Action Water
Agency so created shall not itself have | ||||||
23 | taxing power except as hereinafter
provided.
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24 | A Municipal Joint Action Water Agency shall be established | ||||||
25 | by an
intergovernmental agreement among the various member | ||||||
26 | municipalities,
public water districts, townships, and | ||||||
27 | counties, upon approval by an ordinance
adopted by the | ||||||
28 | corporate authorities of each member municipality, public | ||||||
29 | water
district, township, or county. This agreement may be | ||||||
30 | amended at any time upon
the adoption of concurring ordinances | ||||||
31 | by the corporate authorities of all
member municipalities, | ||||||
32 | public water districts, townships, and counties. The
agreement |
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1 | may provide for additional municipalities, public water | ||||||
2 | districts,
townships in counties with a population under | ||||||
3 | 700,000, or counties to join the
Agency upon adoption of an | ||||||
4 | ordinance by the corporate authorities of the
joining | ||||||
5 | municipality, public water district, township, or county, and | ||||||
6 | upon such
consents, conditions and approvals of the governing | ||||||
7 | body of the Municipal Joint
Action Water Agency and of existing | ||||||
8 | member municipalities, public water
districts, townships, and | ||||||
9 | counties as shall be provided in the agreement. The
agreement | ||||||
10 | shall provide the manner and terms on which any municipality, | ||||||
11 | public
water district, township, or county may withdraw from | ||||||
12 | membership in the
Municipal Joint Action Water Agency and on | ||||||
13 | which the Agency may terminate and
dissolve in whole or in | ||||||
14 | part. The agreement shall set forth the corporate name
of the | ||||||
15 | Municipal Joint Action Water Agency and its duration. Promptly | ||||||
16 | upon any
agreement establishing a Municipal Joint Action Water | ||||||
17 | Agency being entered
into, or upon the amending of any such | ||||||
18 | agreement, a copy of such agreement or
amendment shall be filed | ||||||
19 | in the office of the Secretary of State of Illinois.
Promptly | ||||||
20 | upon the addition or withdrawal of any municipality, public | ||||||
21 | water
district, township in a county with a population under | ||||||
22 | 700,000, or county, or
upon the dissolution of a Municipal | ||||||
23 | Joint Action Water Agency, that fact shall
be certified by an | ||||||
24 | officer of the Agency to the Secretary of State of Illinois.
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25 | (b) The governing body of any Municipal Joint Action Water | ||||||
26 | Agency
established pursuant to this Section 3.1 shall be a | ||||||
27 | Board of Directors.
There shall be one Director from each | ||||||
28 | member municipality, public water
district, township, and | ||||||
29 | county of the Municipal Joint Action Water Agency
appointed by | ||||||
30 | ordinance of the corporate authorities of the municipality, | ||||||
31 | public
water district, township, or county. Each Director shall | ||||||
32 | have one vote. Each
Director shall be the Mayor or President of | ||||||
33 | the member municipality, or the
chairman of the board of | ||||||
34 | trustees of the member public water district, the
supervisor of | ||||||
35 | the member township, or the chairman of the county board or | ||||||
36 | chief
executive officer of the member county or a county board |
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1 | member appointed by
the chairman of the county board of the | ||||||
2 | member county, appointing the Director;
an elected member of | ||||||
3 | the corporate authorities of that municipality, public
water | ||||||
4 | district, township, or county; or other elected official of the
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5 | appointing municipality, public water district, township, or | ||||||
6 | county. Any
agreement establishing a Municipal Joint Action | ||||||
7 | Water Agency shall specify the
period during which a Director | ||||||
8 | shall hold office and may provide for the
appointment of | ||||||
9 | Alternate Directors from member municipalities, public water
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10 | districts, townships, or counties. The Board of Directors shall | ||||||
11 | elect one
Director to serve as Chairman, and shall elect | ||||||
12 | persons, who need not be
Directors, to such other offices as | ||||||
13 | shall be designated in the agreement.
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14 | The Board of Directors shall determine the general policy | ||||||
15 | of the Municipal
Joint Action Water Agency, shall approve the | ||||||
16 | annual budget, shall make all
appropriations (which may include | ||||||
17 | appropriations made at any time in
addition to those made in | ||||||
18 | any annual appropriation document), shall approve
all | ||||||
19 | contracts for the purchase or sale of water, shall adopt any | ||||||
20 | resolutions
providing for the issuance of bonds or notes by the | ||||||
21 | Agency, shall adopt its
by-laws, rules and regulations, and | ||||||
22 | shall have such other powers and duties as
may be prescribed in | ||||||
23 | the agreement. Such agreement may further specify those
powers | ||||||
24 | and actions of the Municipal Joint Action Water Agency which | ||||||
25 | shall
be authorized only upon votes of greater than a majority | ||||||
26 | of all Directors
or only upon consents of the corporate | ||||||
27 | authorities of a certain number of
member municipalities, | ||||||
28 | public water districts, townships, or counties.
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29 | The agreement may provide for the establishment of an | ||||||
30 | Executive Committee
to consist of the municipal manager or | ||||||
31 | other elected or appointed official of
each member | ||||||
32 | municipality, public water district, township, or county, as
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33 | designated by ordinance from time to time by the corporate | ||||||
34 | authorities of the
member municipality, public water district, | ||||||
35 | township, or county, and may
prescribe powers and duties of the | ||||||
36 | Executive Committee for the efficient
administration of the |
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1 | Agency.
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2 | (c) A Municipal Joint Action Water Agency established | ||||||
3 | pursuant to this
Section 3.1 may plan, construct, improve, | ||||||
4 | extend, acquire, finance (including
the issuance of revenue | ||||||
5 | bonds or notes as provided in this Section 3.1),
operate, | ||||||
6 | maintain, and contract for a joint waterworks or water supply | ||||||
7 | system
which may include, or may consist of, without | ||||||
8 | limitation, facilities for
receiving, storing, and | ||||||
9 | transmitting water from any source for supplying water
to | ||||||
10 | member municipalities, public water districts, townships, or
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11 | counties (including county special service areas created under | ||||||
12 | the Special
Service Area Tax Act and county service areas | ||||||
13 | authorized under the Counties
Code), or other public agencies, | ||||||
14 | persons, or corporations. Facilities of the
Municipal Joint | ||||||
15 | Action Water Agency may be located within or without the
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16 | corporate limits of any member municipality.
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17 | A Municipal Joint Action Water Agency shall have such | ||||||
18 | powers as shall be
provided in the agreement establishing it, | ||||||
19 | which may include, but need not
be limited to, the following | ||||||
20 | powers:
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21 | (i) to sue or be sued;
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22 | (ii) to apply for and accept gifts or grants or loans | ||||||
23 | of funds or property
or financial or other aid from any | ||||||
24 | public agency or private entity;
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25 | (iii) to acquire, hold, sell, lease as lessor or | ||||||
26 | lessee, transfer or
dispose of such real or personal | ||||||
27 | property, or interests therein, as it
deems appropriate in | ||||||
28 | the exercise of its powers, and to provide for the use
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29 | thereof by any member municipality, public water district, | ||||||
30 | township, or county;
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31 | (iv) to make and execute all contracts and other | ||||||
32 | instruments necessary
or convenient to the exercise of its | ||||||
33 | powers (including contracts with
member municipalities, | ||||||
34 | with public water districts, with townships, and
with | ||||||
35 | counties on behalf of county service areas); and
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36 | (v) to employ agents and employees and to delegate by |
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1 | resolution to
one or more of its Directors or officers such | ||||||
2 | powers as it may deem proper.
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3 | Member municipalities, public water districts, townships, | ||||||
4 | or counties may,
for the purposes of, and upon request by, the | ||||||
5 | Municipal Joint Action Water
Agency, exercise the power of | ||||||
6 | eminent domain available to them, convey property
so acquired | ||||||
7 | to the Agency for the cost of acquisition, and be reimbursed | ||||||
8 | for
all expenses related to this exercise of eminent domain | ||||||
9 | power on behalf of the
Agency.
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10 | All property, income and receipts of or transactions by a | ||||||
11 | Municipal Joint
Action Water Agency shall be exempt from all | ||||||
12 | taxation, the same as if it
were the property, income or | ||||||
13 | receipts of or transaction by the member
municipalities, public | ||||||
14 | water districts, townships, or counties.
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15 | (d) A Municipal Joint Action Water Agency established | ||||||
16 | pursuant to this
Section 3.1 shall have the power to buy water | ||||||
17 | and to enter into contracts
with any person, corporation or | ||||||
18 | public agency (including any member
municipality, public water | ||||||
19 | district, township, or county) for that purpose.
Any such | ||||||
20 | contract made by an Agency for a supply of water may contain
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21 | provisions whereby the Agency is obligated to pay for the | ||||||
22 | supply of water
without setoff or counterclaim and irrespective | ||||||
23 | of whether the supply of water
is ever furnished, made | ||||||
24 | available or delivered to the Agency or whether any
project for | ||||||
25 | the supply of water contemplated by any such contract is | ||||||
26 | completed,
operable or operating and notwithstanding any | ||||||
27 | suspension, interruption,
interference, reduction or | ||||||
28 | curtailment of the supply of water from such
project. Any such | ||||||
29 | contract may provide that if
one or more of the other | ||||||
30 | purchasers defaults in the payment of its
obligations under | ||||||
31 | such contract or a similar contract made with the
supplier of | ||||||
32 | the water one or more of the remaining purchasers party to such
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33 | contract or such similar contract shall be required to pay for | ||||||
34 | all or a
portion of the obligations of the defaulting | ||||||
35 | purchasers. No such contract
may have a term in excess of 50 | ||||||
36 | years.
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1 | A Municipal Joint Action Water Agency shall have the power | ||||||
2 | to sell water
and to enter into contracts with any person, | ||||||
3 | corporation or public agency
(including any member | ||||||
4 | municipality, any public water district, any township, or
any | ||||||
5 | county on behalf of a county service area as set forth in this | ||||||
6 | Section) for
that purpose. No such contract may have a term in | ||||||
7 | excess of 50 years. Any
such contract entered into to sell | ||||||
8 | water to a public agency may provide that
the payments to be | ||||||
9 | made thereunder by such public agency shall be made solely
from | ||||||
10 | revenues to be derived by such public agency from the operation | ||||||
11 | of its
waterworks system or its combined waterworks and | ||||||
12 | sewerage system. Any public
agency so contracting to purchase | ||||||
13 | water shall establish from time to time such
fees and charges | ||||||
14 | for its water service or combined water and sewer service as
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15 | will produce revenues sufficient at all times to pay its | ||||||
16 | obligations to the
Agency under the purchase contract. Any such | ||||||
17 | contract so providing shall not
constitute indebtedness of such | ||||||
18 | public agency so contracting to buy water
within the meaning of | ||||||
19 | any statutory or constitutional limitation. Any such
contract | ||||||
20 | of a public agency to buy water shall be a continuing, valid | ||||||
21 | and
binding obligation of such public agency payable from such | ||||||
22 | revenues.
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23 | A Municipal Joint Action Water Agency shall establish fees | ||||||
24 | and charges
for the purchase of water from it or for the use of | ||||||
25 | its facilities. No
prior appropriation shall be required by | ||||||
26 | either the Municipal Joint Action
Water Agency or any public | ||||||
27 | agency before entering into any contract authorized
by this | ||||||
28 | paragraph (d).
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29 | The changes in this Section made by this amendatory Act of | ||||||
30 | 1984 are intended
to be declarative of existing law.
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31 | (e) 1. A Municipal Joint Action Water Agency established | ||||||
32 | pursuant to
this Section 3.1 may, from time to time, borrow | ||||||
33 | money and, in evidence of
its obligation to repay the | ||||||
34 | borrowing, issue its negotiable water revenue bonds
or notes | ||||||
35 | pursuant to this paragraph (e) for any of the following | ||||||
36 | purposes:
for paying costs of constructing, acquiring, |
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1 | improving or extending a joint
waterworks or water supply | ||||||
2 | system; for paying other expenses incident to or
incurred in | ||||||
3 | connection with such construction, acquisition, improvement or
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4 | extension; for repaying advances made to or by the Agency for | ||||||
5 | such purposes;
for paying interest on the bonds or notes until | ||||||
6 | the estimated date of
completion of any such construction, | ||||||
7 | acquisition, improvement or extension and
for such period after | ||||||
8 | the estimated completion date as the Board of Directors
of the | ||||||
9 | Agency shall determine; for paying financial, legal, | ||||||
10 | administrative
and other expenses of the authorization, | ||||||
11 | issuance, sale or delivery of bonds
or notes; for paying costs | ||||||
12 | of insuring payment of the bonds or notes; for
providing or | ||||||
13 | increasing a debt service reserve fund with respect to any or | ||||||
14 | all
of the Agency's bonds or notes; and for paying, refunding | ||||||
15 | or redeeming any of
the Agency's bonds or notes before, after | ||||||
16 | or at their maturity, including
paying redemption premiums or | ||||||
17 | interest accruing or to accrue on such bonds
or notes being | ||||||
18 | paid or redeemed or for paying any other costs in connection
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19 | with any such payment or redemption.
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20 | 2. Any bonds or notes issued pursuant to this paragraph (e) | ||||||
21 | by a Municipal
Joint Action Water Agency shall be authorized by | ||||||
22 | a resolution of the Board
of Directors of the Agency adopted by | ||||||
23 | the affirmative vote of Directors
from a majority of the member | ||||||
24 | municipalities, public water districts,
townships, and | ||||||
25 | counties, and any additional requirements as may be set forth | ||||||
26 | in
the agreement establishing the Agency. The authorizing | ||||||
27 | resolution may be
effective immediately upon its adoption. The | ||||||
28 | authorizing resolution shall
describe in a general way any | ||||||
29 | project contemplated to be financed by the bonds
or notes, | ||||||
30 | shall set forth the estimated cost of the project and shall | ||||||
31 | determine
its period of usefulness. The authorizing resolution | ||||||
32 | shall determine the
maturity or maturities of the bonds or | ||||||
33 | notes, the rate or rates at which the
bonds or notes are to | ||||||
34 | bear interest and all the other terms and details of the
bonds | ||||||
35 | or notes. All such bonds or notes shall mature within the | ||||||
36 | period of
estimated usefulness of the project with respect to |
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1 | which such bonds or notes
are issued, as determined by the | ||||||
2 | Board of Directors, but in any event not more
than 50 years | ||||||
3 | from their date of issue. The bonds and notes may bear | ||||||
4 | interest,
payable at such times, at a rate or rates not | ||||||
5 | exceeding the maximum rate
established in the Bond | ||||||
6 | Authorization Act, as from time to time in effect.
Bonds or | ||||||
7 | notes of a Municipal Joint Action Water Agency shall be sold in | ||||||
8 | such
manner as the Board of Directors of the Agency shall | ||||||
9 | determine, either at par
or at a premium or discount, but such | ||||||
10 | that the effective interest cost
(excluding any redemption | ||||||
11 | premium) to the Agency of the bonds or notes shall
not exceed a | ||||||
12 | rate equal to the rate of interest specified in the Act | ||||||
13 | referred
to in the preceding sentence.
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14 | The resolution authorizing the issuance of any bonds or | ||||||
15 | notes pursuant
to this paragraph (e) shall constitute a | ||||||
16 | contract with the holders of the
bonds and notes. The | ||||||
17 | resolution may contain such covenants and restrictions
with | ||||||
18 | respect to the purchase or sale of water by the Agency and the | ||||||
19 | contracts
for such purchases or sales, the operation of the | ||||||
20 | joint waterworks system
or water supply system, the issuance of | ||||||
21 | additional bonds or notes by the
Agency, the security for the | ||||||
22 | bonds and notes, and any other matters, as
may be deemed | ||||||
23 | necessary or advisable by the Board of Directors to assure
the | ||||||
24 | payment of the bonds or notes of the Agency.
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25 | 3. The resolution authorizing the issuance of bonds or | ||||||
26 | notes by a
Municipal
Joint Action Water Agency shall pledge and | ||||||
27 | provide for the application of
revenues derived from the | ||||||
28 | operation of the Agency's joint waterworks or
water supply | ||||||
29 | system (including from contracts for the sale of water by the
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30 | Agency) and investment earnings thereon to the payment of the | ||||||
31 | cost of operation
and maintenance of the system (including | ||||||
32 | costs of purchasing water), to
provision of adequate | ||||||
33 | depreciation, reserve or replacement funds with respect
to the | ||||||
34 | system or the bonds or notes, and to the payment of principal, | ||||||
35 | premium,
if any, and interest on the bonds or notes of the | ||||||
36 | Agency (including amounts
for the purchase of such bonds or |
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1 | notes). The resolution shall provide
that revenues of the | ||||||
2 | Municipal Joint Action Water Agency so derived from
the | ||||||
3 | operation of the system, sufficient (together with other | ||||||
4 | receipts of
the Agency which may be applied to such purposes) | ||||||
5 | to provide for such purposes,
shall be set aside as collected | ||||||
6 | in a separate fund or funds and used for
such purposes. The | ||||||
7 | resolution may provide that revenues not required for
such | ||||||
8 | purposes may be used for any proper purpose of the Agency or | ||||||
9 | may be
returned to member municipalities.
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10 | Any notes of a Municipal Joint Action Water Agency issued | ||||||
11 | in anticipation
of the issuance of bonds by it may, in | ||||||
12 | addition, be secured by a pledge
of proceeds of bonds to be | ||||||
13 | issued by the Agency, as specified in the resolution
| ||||||
14 | authorizing the issuance of such notes.
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15 | 4. (i) Except as provided in clauses (ii) and (iii) of this | ||||||
16 | subparagraph 4
of this paragraph (e), all bonds and notes of | ||||||
17 | the Municipal Joint Action
Water Agency issued pursuant to this | ||||||
18 | paragraph (e) shall be revenue bonds or
notes. Such revenue | ||||||
19 | bonds or notes shall have no claim for payment other than
from | ||||||
20 | revenues of the Agency derived from the operation of its joint | ||||||
21 | waterworks
or water supply system (including from contracts for | ||||||
22 | the sale of water by the
Agency) and investment earnings | ||||||
23 | thereon, from bond or note proceeds and
investment earnings | ||||||
24 | thereon, or from such other receipts of the Agency as the
| ||||||
25 | agreement establishing the Agency may authorize to be pledged | ||||||
26 | to the payment of
revenue bonds or notes, all as and to the | ||||||
27 | extent as provided in the resolution
of the Board of Directors | ||||||
28 | authorizing the issuance of the revenue bonds or
notes. Revenue | ||||||
29 | bonds or notes issued by a Municipal Joint Action Water Agency
| ||||||
30 | pursuant to this paragraph (e) shall not constitute an | ||||||
31 | indebtedness of the
Agency or of any member municipality, | ||||||
32 | public water district, township, or
county within the meaning | ||||||
33 | of any constitutional or statutory limitation. It
shall be | ||||||
34 | plainly stated on each revenue bond and note that it does not
| ||||||
35 | constitute an indebtedness of the Municipal Joint Action Water | ||||||
36 | Agency or of any
member municipality, public water district, |
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1 | township, or county within the
meaning of any constitutional or | ||||||
2 | statutory limitation.
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3 | (ii) If the Agreement so provides and subject to the | ||||||
4 | referendum
provided for in clause (iii) of this subparagraph 4 | ||||||
5 | of this paragraph
(e), the Municipal Joint Action Water Agency | ||||||
6 | may borrow money for corporate
purposes on the credit of the | ||||||
7 | Municipal Joint Action Water Agency, and
issue general | ||||||
8 | obligation bonds therefor, in such amounts and form and on
such | ||||||
9 | conditions as it shall prescribe, but shall not become indebted | ||||||
10 | in any
manner or for any purpose in an amount including | ||||||
11 | existing indebtedness in
the aggregate which exceeds 5.75% of | ||||||
12 | the aggregate value of the taxable
property within the | ||||||
13 | boundaries of the participating municipalities, public
water | ||||||
14 | districts, townships, and county service areas within a member | ||||||
15 | county
determined by the governing body of the county by | ||||||
16 | resolution to be served by
the Municipal Joint Action Water | ||||||
17 | Agency (including any territory added to the
Agency after the | ||||||
18 | issuance of such general obligation bonds), collectively
| ||||||
19 | defined as the "Service Area", as equalized and assessed by the | ||||||
20 | Department of
Revenue and as most recently available at the | ||||||
21 | time of the issue of said bonds.
Before or at the time of | ||||||
22 | incurring any such general obligation indebtedness,
the | ||||||
23 | Municipal Joint Action Water Agency shall provide for the
| ||||||
24 | collection of a direct annual tax, which shall be unlimited as | ||||||
25 | to rate or
amount, sufficient to pay the interest on such debt | ||||||
26 | as it falls due and also to
pay and discharge the principal | ||||||
27 | thereof at maturity, which shall be within 40
years after the | ||||||
28 | date of issue thereof. Such tax shall be levied upon and
| ||||||
29 | collected from all of the taxable property within the | ||||||
30 | territorial boundaries of
such Service Area at the time of the | ||||||
31 | referendum provided for in clause (iii)
and shall be levied | ||||||
32 | upon and collected from all taxable property within the
| ||||||
33 | boundaries of any territory subsequently added to the Service | ||||||
34 | Area.
Dissolution of the Municipal Joint Action Water Agency | ||||||
35 | for any reason shall not
relieve the taxable property within | ||||||
36 | such Service Area from liability for such
tax. Liability for |
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| |||||||
1 | such tax for property transferred to or released from such
| ||||||
2 | Service Area shall be determined in the same manner as for | ||||||
3 | general obligation
bonds of such county, if in an | ||||||
4 | unincorporated area, and of such municipality,
if within the | ||||||
5 | boundaries thereof. The clerk or other officer of the Municipal
| ||||||
6 | Joint Action Water Agency shall file a certified copy of the | ||||||
7 | resolution or
ordinance by which such bonds are authorized to | ||||||
8 | be issued and such tax is
levied with the County Clerk or | ||||||
9 | Clerks of the county or counties containing the
Service Area, | ||||||
10 | and such filing shall constitute, without the doing of any | ||||||
11 | other
act, full and complete authority for such County Clerk or | ||||||
12 | Clerks to extend such
tax for collection upon all the taxable | ||||||
13 | property within the Service Area
subject to such tax in each | ||||||
14 | and every year, as required, in amounts sufficient
to pay the | ||||||
15 | principal of and interest on such bonds, as aforesaid, without | ||||||
16 | limit
as to rate or amount. Such tax shall be in addition to | ||||||
17 | and in excess of all
other taxes authorized to be levied by the | ||||||
18 | Municipal Joint Action Water Agency
or by such county, | ||||||
19 | municipality, township, or public water district. The
issuance | ||||||
20 | of such general obligation bonds shall be subject to the other
| ||||||
21 | provisions of this paragraph (e), except for the provisions of | ||||||
22 | clause (i) of
this subparagraph 4.
| ||||||
23 | (iii) No issue of general obligation bonds of the Municipal | ||||||
24 | Joint Action
Water Agency (except bonds to refund an existing | ||||||
25 | bonded indebtedness) shall
be authorized unless the Municipal | ||||||
26 | Joint Action Water Agency certifies the
proposition of issuing | ||||||
27 | such bonds to the proper election authorities, who
shall submit | ||||||
28 | the proposition to the voters in the Service Area at an
| ||||||
29 | election in accordance with the general election law, and the | ||||||
30 | proposition
has been approved by a majority of those voting on | ||||||
31 | the proposition.
| ||||||
32 | The proposition shall be substantially in the following | ||||||
33 | form:
| ||||||
34 | -------------------------------------------------------------
| ||||||
35 | Shall general obligation
| ||||||
36 | bonds for the purpose of (state
|
| |||||||
| |||||||
1 | purpose), in the sum not to
| ||||||
2 | exceed $....(insert amount), Yes
| ||||||
3 | be issued by the ......... ------------------------
| ||||||
4 | (insert corporate name of the No
| ||||||
5 | Municipal Joint Action Water
| ||||||
6 | Agency)?
| ||||||
7 | -------------------------------------------------------------
| ||||||
8 | 5. As long as any bonds or notes of a Municipal Joint | ||||||
9 | Action Water Agency
created pursuant to this Section 3.1 are | ||||||
10 | outstanding and unpaid, the Agency
shall not terminate or | ||||||
11 | dissolve and, except as permitted by the resolution
or | ||||||
12 | resolutions authorizing outstanding bonds or notes, no member
| ||||||
13 | municipality, public water district, township, or county
may | ||||||
14 | withdraw from the Agency. While any such bonds or notes are | ||||||
15 | outstanding,
all contracts for the sale of water by the Agency | ||||||
16 | to member
municipalities, public water districts, townships, | ||||||
17 | or counties
shall be irrevocable except as permitted by the | ||||||
18 | resolution or resolutions
authorizing such bonds or notes. The | ||||||
19 | Agency shall establish fees and charges
for its operations | ||||||
20 | sufficient to provide adequate revenues to meet all of
the | ||||||
21 | requirements under its various resolutions authorizing bonds | ||||||
22 | or notes.
| ||||||
23 | 6. A holder of any bond or note issued pursuant to this | ||||||
24 | paragraph (e)
may, in any civil action, mandamus or other | ||||||
25 | proceeding, enforce and compel
performance of all duties | ||||||
26 | required to be performed by the Agency or such
counties, as | ||||||
27 | provided in the authorizing resolution, or by any of the public
| ||||||
28 | agencies contracting with the Agency to purchase water, | ||||||
29 | including the
imposition of fees and charges, the collection of | ||||||
30 | sufficient revenues and the
proper application of revenues as | ||||||
31 | provided in this paragraph (e) and the
levying, extension and | ||||||
32 | collection of such taxes.
| ||||||
33 | 7. In addition, the resolution authorizing any bonds or | ||||||
34 | notes issued
pursuant to this paragraph (e) may provide for a | ||||||
35 | pledge, assignment, lien or
security interest, for the benefit | ||||||
36 | of the holders of any or all bonds or notes
of the Agency, (i) |
| |||||||
| |||||||
1 | on any or all revenues derived from the operation of the
joint | ||||||
2 | waterworks or water supply system (including from contracts for | ||||||
3 | the sale
of water) and investment earnings thereon or (ii) on | ||||||
4 | funds or accounts securing
the payment of the bonds or notes as | ||||||
5 | provided in the authorizing resolution.
In addition, such a | ||||||
6 | pledge, assignment, lien or security interest may be made
with | ||||||
7 | respect to any receipts of the Agency which the agreement | ||||||
8 | establishing the
Agency authorizes it to apply to payment of | ||||||
9 | bonds or notes. Any such pledge,
assignment, lien or security | ||||||
10 | interest for the benefit of holders of bonds or
notes shall be | ||||||
11 | valid and binding from the time the bonds
or notes are issued, | ||||||
12 | without any physical delivery or further act, and shall
be | ||||||
13 | valid and binding as against or prior to any claims of any | ||||||
14 | other party
having any claims of any kind against the Agency | ||||||
15 | irrespective of whether
such other parties have notice of such | ||||||
16 | pledge, assignment, lien or security
interest.
| ||||||
17 | A resolution of a Municipal Joint Water Agency authorizing | ||||||
18 | the issuance of
bonds or notes pursuant to this paragraph (e) | ||||||
19 | may provide for the appointment
of a corporate trustee with | ||||||
20 | respect to any or all of such bonds or notes
(which trustee may | ||||||
21 | be any trust company or state or national bank having
the power | ||||||
22 | of a trust company within Illinois). In that event, the | ||||||
23 | resolution
shall prescribe the rights, duties and powers of the | ||||||
24 | trustee to be exercised
for the benefit of the Agency and the | ||||||
25 | protection of the holders of such
bonds or notes. The | ||||||
26 | resolution may provide for the trustee to hold in trust,
invest | ||||||
27 | and use amounts in funds and accounts created as provided in | ||||||
28 | the
resolution. The resolution authorizing the bonds or notes | ||||||
29 | may provide for
the assignment and direct payment to the | ||||||
30 | trustee of amounts owed by public
agencies to the Municipal | ||||||
31 | Joint Action Water Agency under water sales contracts
for | ||||||
32 | application by the trustee to the purposes for which such | ||||||
33 | revenues are
to be used as provided in this paragraph (e) and | ||||||
34 | as provided in the authorizing
resolution. Upon receipt of | ||||||
35 | notice of such assignment, the public agency
shall thereafter | ||||||
36 | make the assigned payments directly to such trustee.
|
| |||||||
| |||||||
1 | Nothing in this Section authorizes a Joint Action Water | ||||||
2 | Agency to provide
water service directly to residents within a | ||||||
3 | municipality or in territory
within one mile or less of the | ||||||
4 | corporate limits of a municipality that operates
a public water | ||||||
5 | supply unless the municipality has consented in writing to
such | ||||||
6 | service being provided.
| ||||||
7 | (Source: P.A. 90-210, eff. 7-25-97; 90-595, eff. 1-1-99; | ||||||
8 | 91-134, eff.
1-1-00 .)
| ||||||
9 | Section 10. The Illinois Municipal Code is amended by | ||||||
10 | adding Section 11-124-5.1 as follows: | ||||||
11 | (65 ILCS 5/11-124-5.1 new) | ||||||
12 | Sec. 11-124-5.1. Acquisition of water systems by eminent | ||||||
13 | domain. | ||||||
14 | (a) In addition to other provisions providing for the | ||||||
15 | acquisition of water systems or water works, whenever a public | ||||||
16 | utility subject to the Public Utilities Act utilizes public | ||||||
17 | property (including, but not limited to, right-of-way) of a | ||||||
18 | municipality for the installation or maintenance of all or part | ||||||
19 | of its water distribution system, the municipality has the | ||||||
20 | right to exercise eminent domain to acquire the entirety of the | ||||||
21 | water system, in accordance with this Section. Unless it | ||||||
22 | complies with the provisions set forth in this Section, a | ||||||
23 | municipality is not permitted to acquire by eminent domain that | ||||||
24 | portion of a system located in another incorporated | ||||||
25 | municipality without agreement of that municipality, but this | ||||||
26 | provision shall not prevent the acquisition of that portion of | ||||||
27 | the water system existing within the acquiring municipality. | ||||||
28 | (b) Where a water system that is owned by a public utility | ||||||
29 | (as defined in the Public Utilities Act) provides water to | ||||||
30 | customers located entirely in 2 or more municipalities, the | ||||||
31 | system may be acquired by either or both of the municipalities | ||||||
32 | by eminent domain if there is in existence an intergovernmental | ||||||
33 | agreement between the municipalities served providing for | ||||||
34 | acquisition. |
| |||||||
| |||||||
1 | (c) If a water system that is owned by a public utility | ||||||
2 | provides water to customers located in one or more adjacent | ||||||
3 | municipalities and also to customers in an unincorporated area | ||||||
4 | and if at least 70% of the customers of the system or portion | ||||||
5 | thereof are located within the municipality or municipalities, | ||||||
6 | then the system, or portion thereof as determined by the | ||||||
7 | corporate authorities, may be acquired, using eminent domain or | ||||||
8 | otherwise, by either a municipality under subsection (a) or an | ||||||
9 | entity created by agreement between municipalities where at | ||||||
10 | least 70% of the customers reside. For the purposes of | ||||||
11 | determining "customers of the system", only retail customers | ||||||
12 | directly billed by the company shall be included in the | ||||||
13 | computation. The number of customers of the system most | ||||||
14 | recently reported to the Illinois Commerce Commission for any | ||||||
15 | calendar year preceding the year a resolution is passed by a | ||||||
16 | municipality or municipalities expressing preliminary intent | ||||||
17 | to purchase the water system or portion thereof shall be | ||||||
18 | presumed to be the total number of customers within the system. | ||||||
19 | The public utility shall provide information relative to the | ||||||
20 | number of customers within each municipality and within the | ||||||
21 | system within 60 days of any such request by a municipality. | ||||||
22 | (d) In the case of acquisition by a municipality or | ||||||
23 | municipalities or entity created by law to own or operate a | ||||||
24 | water system under this Section, service must be provided to | ||||||
25 | all retail customers of the system at the time of acquisition | ||||||
26 | without discrimination in rates based on whether the customer | ||||||
27 | is located within or outside the boundaries of the acquiring | ||||||
28 | municipality or municipalities or entity. | ||||||
29 | (e) For the purposes of this Section, "system" includes all | ||||||
30 | assets reasonably necessary to provide water service to a | ||||||
31 | contiguous or compact geographical service area and include, | ||||||
32 | but are not limited to, interests in real estate, all wells, | ||||||
33 | pipes, treatment plants, pumps and other physical apparatus, | ||||||
34 | data and records of facilities and customers, fire hydrants, | ||||||
35 | equipment, or vehicles and also includes service agreements and | ||||||
36 | obligations derived from use of the assets, whether or not the |
| |||||||
| |||||||
1 | assets are contiguous to the municipality, municipalities, or | ||||||
2 | entity created for the purpose of owning or operating a water | ||||||
3 | system. | ||||||
4 | (f) The valuation of all systems or waterworks acquired | ||||||
5 | under this Section and any other Division of this Article 11 | ||||||
6 | may be pursuant to the formulas set forth in Section 11-139-12. | ||||||
7 | (g) Notwithstanding any other provision of law, the | ||||||
8 | Illinois Commerce Commission has no approval authority of any | ||||||
9 | eminent domain action brought by any governmental entity or | ||||||
10 | combination of such entities to acquire water systems or water | ||||||
11 | works. | ||||||
12 | (h) This Section does not apply to the water system of any | ||||||
13 | public utility with, as of January 1, 2006, 70,000 or fewer | ||||||
14 | meters unless that public utility changes ownership.
| ||||||
15 | Section 15. The Code of Civil Procedure is amended by | ||||||
16 | changing Section 7-102 as follows:
| ||||||
17 | (735 ILCS 5/7-102) (from Ch. 110, par. 7-102)
| ||||||
18 | Sec. 7-102. Parties. Where the right to take private | ||||||
19 | property for public
use, without the owner's consent or the | ||||||
20 | right to construct or maintain any
public road, railroad, | ||||||
21 | plankroad, turnpike road, canal or other public
work or | ||||||
22 | improvement, or which may damage property not actually taken | ||||||
23 | has
been heretofore or shall hereafter be conferred by general | ||||||
24 | law or
special charter upon any corporate or municipal | ||||||
25 | authority, public body,
officer or agent, person, commissioner | ||||||
26 | or corporation and the
compensation to be paid for or in | ||||||
27 | respect of the property sought to be
appropriated or damaged | ||||||
28 | for the purposes mentioned cannot be
agreed upon by the parties | ||||||
29 | interested, or in case the owner of the
property is incapable | ||||||
30 | of consenting, or the owner's name or residence is
unknown, or | ||||||
31 | the owner is a nonresident of the state, the party authorized | ||||||
32 | to
take or damage the property so required, or to construct, | ||||||
33 | operate and
maintain any public road, railroad, plankroad, | ||||||
34 | turnpike road, canal or
other public work or improvement, may |
| |||||||
| |||||||
1 | apply to the circuit court of the
county where the property or | ||||||
2 | any part thereof is situated, by filing
with the clerk a | ||||||
3 | complaint, setting forth, by reference, his, her or their
| ||||||
4 | authority in the premises, the purpose for which the property | ||||||
5 | is sought
to be taken or damaged, a description of the | ||||||
6 | property, the names of all
persons interested therein as owners | ||||||
7 | or otherwise as appearing of
record, if known, or if not known | ||||||
8 | stating that fact and praying such
court to cause the | ||||||
9 | compensation to be paid to the owner to be assessed.
If it | ||||||
10 | appears that any person not in being, upon coming into being, | ||||||
11 | is,
or may become or may claim to be, entitled to any interest | ||||||
12 | in the
property sought to be appropriated or damaged the court | ||||||
13 | shall appoint
some competent and disinterested person as | ||||||
14 | guardian ad litem, to appear
for and represent such interest in | ||||||
15 | the proceeding and to defend the
proceeding on behalf of the | ||||||
16 | person not in being, and any judgment
entered in the proceeding | ||||||
17 | shall be as effectual for all purposes
as though the person was | ||||||
18 | in being and was a party to the proceeding. If
the proceeding | ||||||
19 | seeks to affect the property of persons under guardianship,
the | ||||||
20 | guardians shall be made parties defendant. Persons interested, | ||||||
21 | whose
names are unknown, may be made parties defendant by the | ||||||
22 | same
descriptions and in the same manner as provided in other | ||||||
23 | civil cases.
Where the property to be taken or damaged is a | ||||||
24 | common element of
property subject to a declaration of | ||||||
25 | condominium ownership pursuant to the
Condominium Property Act | ||||||
26 | or of a common interest community, the complaint
shall name the | ||||||
27 | unit owners' association in lieu of naming the individual
unit | ||||||
28 | owners and lienholders on individual units. Unit owners, | ||||||
29 | mortgagees
and other lienholders may intervene as parties | ||||||
30 | defendant. For the purposes
of this Section "common interest | ||||||
31 | community" shall have the same meaning as
set forth in | ||||||
32 | subsection (c) of Section 9-102 of the Code of Civil
Procedure. | ||||||
33 | "Unit owners' association" or "association" shall refer to both
| ||||||
34 | the definition contained in Section 2 of the Condominium | ||||||
35 | Property Act and
subsection (c) of Section 9-102 of the Code of | ||||||
36 | Civil Procedure.
Where the property is sought to be taken or |
| |||||||
| |||||||
1 | damaged by the state for the
purposes of establishing, | ||||||
2 | operating or maintaining any state house or
state charitable or | ||||||
3 | other institutions or improvements, the complaint
shall be | ||||||
4 | signed by the governor or such other person as he or she shall
| ||||||
5 | direct, or as is provided by law. No property, except property | ||||||
6 | described in
either Section 3 of the Sports Stadium Act , | ||||||
7 | property to be acquired in furtherance of actions under
or
| ||||||
8 | Article 11, Divisions 124, 126, 128, 130, 135, 136, and
| ||||||
9 | Division 139, of
the Illinois Municipal Code , property to be | ||||||
10 | acquired in furtherance of actions under Section 3.1 of the | ||||||
11 | Intergovernmental Cooperation Act, property that is a water | ||||||
12 | system or waterworks pursuant to the home rule powers of a unit | ||||||
13 | of local government, and property described as Site B in | ||||||
14 | Section 2
of the Metropolitan Pier and Exposition Authority | ||||||
15 | Act, belonging to a
railroad or other public utility subject to | ||||||
16 | the jurisdiction of the
Illinois Commerce Commission may be | ||||||
17 | taken or damaged, pursuant to the
provisions of Article VII of | ||||||
18 | this Act, without the prior approval
of the Illinois Commerce | ||||||
19 | Commission. This amendatory Act of 1991 (Public
Act 87-760) is | ||||||
20 | declaratory of existing law and is intended to remove
possible | ||||||
21 | ambiguities, thereby confirming the existing meaning of the | ||||||
22 | Code
of Civil Procedure and of the Illinois Municipal Code in | ||||||
23 | effect before
January 1, 1992 (the effective date of Public Act | ||||||
24 | 87-760).
| ||||||
25 | (Source: P.A. 89-683, eff.
6-1-97; 90-6, eff. 6-3-97.)
|