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| Public Act 095-0050 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Water District Act is amended by | ||||
changing Section 11 as follows:
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(70 ILCS 3705/11) (from Ch. 111 2/3, par. 198)
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Sec. 11. The board of trustees of any such public water | ||||
district has
the supervision and control of all waterworks | ||||
properties acquired or
constructed by the district and has the | ||||
power and the duty to maintain,
operate, extend and improve the | ||||
same. The board of trustees also has the
power to sell and | ||||
dispose of property, real and personal, that is no
longer | ||||
needed for its purposes. Except as otherwise provided in this
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Section all contracts involving the expenditure
by the district | ||||
of more than $20,000
5,000 for construction work or for the
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purchase of equipment as improvements, extensions or | ||||
replacements shall
be entered into only after notice inviting | ||||
bids shall have been
published in a newspaper published in the | ||||
district, and if there is no
such newspaper, in a newspaper | ||||
published in the county and having general
circulation in the | ||||
district at least once not less than 10 days prior to
the date | ||||
of making any such contract. Any obligations incurred by the
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district of any kind or character whatsoever shall not in any | ||||
event
constitute and be deemed an indebtedness within the | ||
meaning of any of the
provisions or limitations of the | ||
constitution or of any statute, but all
such obligations are | ||
payable solely and only out of revenues derived from
the | ||
operation of the waterworks properties of the district or from | ||
the
proceeds of bonds issued, as hereinafter provided. No | ||
continuing contract
for the purchase of materials or supplies | ||
(including a contract for a
supply of water) or furnishing the | ||
district with energy or power for
pumping or for the supply of | ||
water to any city, village or incorporated
town, shall be | ||
entered into for a longer period than 40 years.
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Contracts for a supply of water shall not be subject to | ||
such provisions
for public bidding. No prior appropriation | ||
shall be required before
entering into such a contract for a | ||
supply of water and no appropriation
shall be required to | ||
authorize payments to be made under the terms of any
such | ||
contract. Payment to be made under any such supply contract | ||
shall be
an operation and maintenance expense of the waterworks | ||
system of the
district. Any such contract made by a district | ||
for a supply of water may
contain provisions whereby the | ||
district is obligated to pay for such supply
of water without | ||
setoff or counterclaim and irrespective of whether such supply
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of water is ever furnished, made available or delivered to the | ||
district 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 of water defaults in the payment | ||
of its
obligations under such contract or a similar contract | ||
made with the
supplier of the water, one or more of 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 purchasers.
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In the event of an emergency affecting or threatening the | ||
public health or safety, in order to maintain the safety and | ||
adequacy of service to the district's customers, the general | ||
manager, with the consent of the board chairman or vice | ||
chairman, may enter into contracts for necessary construction | ||
work or for the purchase of supplies, materials, or equipment | ||
without public advertisement. The general manager shall make a | ||
full written report to the board of trustees detailing the | ||
nature of the emergency, the responsive action taken by the | ||
general manager, and the contracts made to resolve the | ||
emergency.
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(Source: P.A. 84-708; 84-967.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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