(70 ILCS 3715/3) (from Ch. 111 2/3, par. 225)
Sec. 3.
Every water authority so established shall be governed by a board of 3
trustees. Such number shall be increased by one for each county, or part
thereof, in excess of 3 included within the boundaries of the authority.
The board of trustees for the authority shall be created in the following
manner:
(1) If the authority lies wholly within a single township but does not
also lie wholly within a municipality, the board of trustees of that
township shall appoint the trustees for the authority but no township official
is eligible for such appointment;
(2) If the authority is wholly contained within a municipality, the
governing body of the municipality shall appoint the trustees for the
authority;
(3) If the authority is wholly contained within a single county, the
trustees for the authority shall be appointed by the presiding officer
of the county board with the advice and consent of the county board;
(4) If the authority is located in more than one county, the
number of trustees who are residents of a county shall be in proportion,
as nearly as practicable to the number of residents of the authority who
reside in that county in relation to the total population of the authority.
Upon the expiration of the term of a trustee who is in office on
the effective date of this amendatory Act of 1975, the successor shall be a
resident of whichever county is entitled to such representation in order to
bring about the proportional representation required herein, and he shall be
appointed by the county board of that county, or in the case of a home rule
county as defined by Article VII, Section 6 of the Constitution of 1970, the
chief executive officer of that county, with the advice and consent of the
county board.
Thereafter, each trustee shall be succeeded by a resident of the same
county who shall be appointed by the same appointing authority; however, the
provisions of the preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the publication of
each decennial Federal census of population.
Within 60 days after the entry of the order of the circuit court
declaring such water authority duly organized, the appropriate appointing
authority shall appoint the board of trustees, one of whom shall be
appointed to serve for a term of one year, one for a term of 2 years and
one for a term of 3 years. If any water authority is required to have more
than 3 trustees, the excess trustees shall be appointed originally for
terms of one year. Upon the expiration of the term of each of such
trustees, the appointing authority shall, unless the water authority has
determined to elect trustees as provided in Section 5.1, appoint his
successor, who shall serve for a term of 3 years. The appointing authority
shall also have the authority to fill any vacancy which may occur in the
board of trustees. The trustees shall be legal voters residing within the
authority, and in case the territory thereof is located in more than one
county, at least one of such trustees shall be a resident of each of the
counties.
(Source: P.A. 82-783.)
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(70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
Sec. 6. Such board of trustees shall have the following powers:
1. To make inspections of wells or other withdrawal |
| facilities and to require information and data from the owners or operators thereof concerning the supply, withdrawal and use of water.
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2. To require the registration with them of all
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| wells or other withdrawal facilities in accordance with such form or forms as they deem advisable.
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3. To require permits from them for all additional
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| wells or withdrawal facilities or for the deepening, extending or enlarging existing wells or withdrawal facilities.
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4. To require the plugging of abandoned wells or the
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| repair of any well or withdrawal facility to prevent loss of water or contamination of supply.
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5. To reasonably regulate the use of water and during
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| any period of actual or threatened shortage to establish limits upon or priorities as to the use of water. In issuing any such regulation, limitation, or priority, such board shall seek to promote the common welfare by considering the public interest, the average amount of present withdrawals, relative benefits or importance of use, economy or efficiency of use and any other reasonable differentiation. Appropriate consideration shall also be given to any user, who has theretofore reduced the volume of ground water previously consumed by such user or who has taken care of increased requirements by installing and using equipment and facilities permitting the use of surface water by such user.
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6. To supplement the existing water supply or provide
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| additional water supply by such means as may be practicable or feasible. They may acquire property or property rights either within or without the boundaries of the authority by purchase, lease, condemnation proceedings or otherwise, and they may construct, maintain and operate wells, reservoirs, pumping stations, purification plants, infiltration pits, recharging wells and such other facilities as may be necessary to insure an adequate supply of water for the present and future needs of the authority. They shall have the right to sell water to municipalities or public utilities operating water distribution systems either within or without the authority.
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7. To levy and collect a general tax on all of the
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| taxable property within the corporate limits of the authority, the aggregate amount of which for one year, exclusive of the amount levied for bonded indebtedness or interest thereon, shall not exceed .08 per cent of the value as equalized or assessed by the Department of Revenue. For the purpose of acquiring necessary property or facilities, to issue general obligation bonds bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, and payable over a period of not to exceed 20 years, the aggregate principal amount of which at any one time outstanding shall not exceed one-half of 1% of the value as equalized or assessed by the Department of Revenue of all taxable property located within the corporate limits of the authority and to levy and collect a further or additional direct annual tax upon all the taxable property within the corporate limits of such authority sufficient to meet the principal and interest of such bonds as the same mature. They shall also have authority to issue revenue bonds payable solely out of anticipated revenues.
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8. To consult with and receive available information
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| concerning their duties and responsibilities from the State Water Survey, the State Geological Survey, the Board of Natural Resources and Conservation, the Water Resources and Flood Control Board and any other board or commission of the State. Before constructing any facility for providing additional water supply, the plans therefor shall be submitted to and approved by the Environmental Protection Agency or its successor and all operations of such facilities shall be conducted in accordance with such rules and regulations as may from time to time be prescribed by the Pollution Control Board.
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9. To have the right by appropriate action in the
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| circuit court of any county in which such authority, or any part thereof, is located to restrain any violation or threatened violation of any of their orders, rules, regulations or ordinances.
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10. To provide by ordinance that the violation of any
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| provision of any rule, regulation or ordinance adopted by them shall constitute a misdemeanor subject to a fine by the circuit court of not to exceed $50 for each act of violation and that each day's violation shall constitute a separate offense.
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11. On or after the effective date of this amendatory
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| Act of the 100th General Assembly, to bill for any utility service, including previously unbilled service, supplied to a residential customer within 12 months, or a non-residential customer within 24 months, after the provision of that service to the customer; however, the water authority may bill for unpaid amounts that were billed to a customer or if the customer was notified that there is an unpaid amount before the effective date of this amendatory Act of the 100th General Assembly for service that was supplied to the customer before January 1, 2016. The time limit of this paragraph shall not apply to previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter. The trustees shall: (i) label any amount attributed to previously unbilled service as such on the customer's bill and include the beginning and ending dates for the period during which the previously unbilled amount accrued; (ii) issue the makeup billing amount calculated on a prorated basis to reflect the varying rates for previously unbilled service accrued over a period of time when the rates for service have varied; and (iii) provide the customer with the option of a payment arrangement to retire the makeup bill for previously unbilled service by periodic payments, without interest or late fees, over a time equal to the amount of time the billing was delayed. The trustees shall not intentionally delay billing beyond the normal bill cycle.
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With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 100-178, eff. 8-18-17.)
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(70 ILCS 3715/10) (from Ch. 111 2/3, par. 233)
Sec. 10.
For the purpose of paying the cost of the acquisition by
condemnation, purchase or otherwise and of the construction of any water
supply or other water properties of the authority and the improvement or
extension thereof from time to time, including engineering and all other
expenses, and also for reimbursing or paying the cost and expense of
creating the authority, the board of trustees of any such authority is
authorized to issue and sell revenue bonds of the authority, payable solely
from the income and revenue derived from the operation of the water supply
or other waterworks properties of the authority.
All such bonds shall be authorized by ordinance or resolution to be
adopted by the board of trustees, shall bear such date or dates, mature at
such time or times not exceeding 40 years from their respective dates, may
bear interest at such rate or rates not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, may be in
such form, may carry such registration privileges, may be executed in such
manner, may be payable at such place or places, may be subject to
redemption in such manner, and upon such terms with or without premium as
is stated on the face thereof, and may be executed in such manner by such
officers of the authority, and may contain such terms and covenants, all as
provided by the ordinance or resolution authorizing their issue.
Such bonds shall be sold in such manner as the board of trustees shall
determine, and if issued to bear interest at the rate of the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
shall be sold for not less than par and accrued interest; provided,
however, the selling price of any bonds bearing less than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, shall
be such that the interest cost of the money received from the sale of said
bonds shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
computed to
absolute maturity,
according to standard tables of bond values.
Notwithstanding the form or tenure thereof, and in the absence of
expressed recitals on the face thereof that said bonds are nonnegotiable,
all such bonds shall be negotiable instruments.
To secure payment of any and all of such bonds such ordinance or
resolution shall set forth the covenants and undertakings of the authority
in connection with the issuance thereof and the issuance of additional
bonds payable from the revenues or income to be derived from the operation
of the water supply or the waterworks properties of such authority, as well
as the use and operation thereof.
In case any officer whose signature appears on said bonds or coupons
attached thereto shall cease to be such officer before the delivery of the
bonds to the purchaser, such signature shall nevertheless be valid and
sufficient for all purposes to the same effect as if he had remained in
office until the delivery of the bonds and the signature of any officer
holding office at the time any bond was signed shall be valid, regardless
of whether or not said officer held such office on the day on which the
bonds are dated.
Under no circumstances shall any bonds issued pursuant to the provisions
of this Act be or become an indebtedness or an obligation of the authority
payable from taxes and shall not in any event constitute an indebtedness of
such authority within the meaning of the constitutional provisions or
limitations, and such fact shall be plainly stated on the face of each
bond.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(70 ILCS 3715/28) Sec. 28. Cessation or dissolution of authority organization. (a) Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the authority to another authority whose boundaries are contiguous, or consolidate the authority into a municipality with which the authority is coterminous or substantially coterminous, or consolidate the authority into the county in which the authority sits if the authority contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former authority agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed authority, then the authority shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the authority shall vest in and be assumed by the governmental unit assuming the functions of the former authority. The employees of the former authority shall be transferred to the governmental unit assuming the functions of the former authority. The governmental unit assuming the functions of the former authority shall exercise the rights and responsibilities of the former authority with respect to those employees. The status and rights of the employees of the former authority under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(b) Any authority created under this Act, other than an authority servicing any part of the City of Chicago, which does
not have any outstanding and unpaid revenue bonds issued under this Act
may be dissolved any time after a date which is 4 years after the date
of its creation as follows: Any 500 electors residing within the area of the authority may
petition the circuit court to order submitted to referendum
the question whether the authority
should be dissolved. Upon the filing of the petition, and the determination
that it is in accordance with the general election law, the circuit court
shall: designate the election at which this question is to be submitted;
order notice of the referendum in the manner
provided by the general election law; and certify the proposition to the
proper election officials for submission in accordance with the general election law.
The proposition shall be in substantially
the following form:
------------------------------------------------------------- "Shall the (name of YES water authority) -------------- be dissolved?" NO -------------------------------------------------------------
If a majority of the
votes cast on this question are in favor of dissolution of the authority
under this subsection, then such organization shall cease, the authority is dissolved, and the circuit court shall direct the
discharge of
all outstanding obligations.
If the vote is in favor of dissolution of the authority
under this subsection, there shall be no further appointments or elections for trustees.
Except as otherwise provided for in this subsection, the trustees acting at the time of this vote shall close up the business
affairs of the district and make the necessary conveyances of the title
to the district property. The terms of the trustees acting at the time of a vote in favor of dissolution are extended until the business affairs are closed up and conveyances of title are completed.
To the extent that the authority has entered into a multiyear lease on a real property asset (including, but not limited to, surface water property) that it possesses, the court, upon application of the trustees, may order the trustees to arrange the transfer of such real property asset, instead of liquidating the real property asset, to a unit of local government with legal authority to operate the real property asset. Such transfer may be made with or without compensation in the discretion of the court in accordance with this paragraph. In determining whether compensation shall be paid, the court shall determine if the same or substantially similar groups of citizens will benefit from the real property asset after transfer. To the extent that the same or substantially similar groups of citizens will continue to benefit from the real property asset, the court is not required to order compensation paid by the receiving unit of local government to the authority. To the extent that a substantial change occurs to the groups of citizens that will benefit from the real property asset after the transfer, the court shall determine, after receiving input from the trustees and the unit of local government, an equitable method of compensation, after receiving input from the trustees and the unit of local government, to be received from the unit of local government to whom the real property asset is being transferred. The court shall liberally construe this provision to provide for an equitable determination of relative benefit. If the vote is against dissolution of the authority, no
petition for a referendum under this subsection may be filed within 4 years
of the previous referendum.
The dissolution of any authority under this subsection does
not affect the obligation of any bonds issued or contracts entered into
by such authority, nor invalidate the levy, extension or collection of
any taxes upon the property in the debtor authority, but all such bonds
and contracts shall be fulfilled or repaid as required under the terms of the bonds or contracts.
All money remaining after the business affairs of the authority have
been closed up and all the debts and obligations of the authority have
been paid under this subsection, shall be paid to the township or townships in which such authority is situated, or the county or counties of any portion of such authority that is situated outside of a township, in the proportion that the taxable value the real property in the authority situated in each township or county bears to the taxable value of all the real property in the authority.
All courts shall take judicial notice of the dissolution of such
authority.(Source: P.A. 98-1002, eff. 8-18-14; 99-668, eff. 7-29-16.) |