[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0659
HB1366 Re-Enrolled LRB9103402MWdv
AN ACT to amend the Illinois Municipal Code by changing
Sections 11-135-2, 11-135-3, and 11-135-4.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 11-135-2, 11-135-3 and 11-135-4 as follows:
(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2. Upon the adoption of such an ordinance or
resolution by the corporate authorities of any such
municipality, the mayor or president, with the approval of
the corporate authorities, shall appoint a commissioner. If
under Section 11-135-3 a water commission meets the
participatory requirements, that water commission shall
appoint a commissioner. The commissioners so appointed by
each of such municipalities and participatory water
commissions together with a like commissioner appointed by
the presiding officer of the county board with the advice and
consent of the county board of the county in which the major
part of the works of the water commission are, or are to be,
located, shall constitute a commission and public corporation
with the powers and duties specified in this Division 135.
The corporate name of the commission shall be "(here insert
an appropriate name indicative of the area) Water Commission"
and as such the Commission may contract and be contracted
with, and sue and be sued.
The commissioners so appointed shall serve for a term of
6 years, or until their successors have been appointed and
have qualified in the same manner as the original
appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective
commissioners whose terms shall be for 2, 4 and 6 years from
the date of that meeting. Each commissioner appointed by a
mayor or president shall be an elector or the chief
administrator of the municipality for which he acts as
commissioner, and the commissioner appointed by the presiding
officer of the county board shall be an elector of the county
in which the major works of the water commission are, or are
to be, located. Any commissioner so appointed may be a
member of the governing board or officer or employee of the
municipality or county from which the appointment is made. A
commissioner is eligible for reappointment upon the
expiration of his term. A vacancy shall be filled for the
balance of the unexpired term of the person who has ceased to
hold office by the mayor, president or county board presiding
officer who initially made such appointment in the same
manner as the original appointment. Each commissioner shall
receive the same compensation, as determined by the
appointing authority, which shall not be more than $2,000 per
year, except that no commissioner who is a member of the
governing board or officer or employee of the municipality or
county from which the appointment is made may receive any
compensation for serving as commissioner. Each commissioner
shall furnish a bond for the faithful performance of his
official duties. This bond shall not be less than $5,000 and
its costs shall be paid by the commission.
Each commissioner may be removed for any cause for which
any other municipal officer may be removed. No commissioner,
or employee of the commission, and no mayor, or president, or
other member of the corporate authorities, or any 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.
A violation of any of the foregoing provisions of this
section is a Class C misdemeanor. A conviction is cause for
the removal of a person from his office or employment.
(Source: P.A. 90-517, eff. 8-22-97.)
(65 ILCS 5/11-135-3) (from Ch. 24, par. 11-135-3)
Sec. 11-135-3. Such a commission shall organize by
appointing a chairman from its own members and a clerk and
treasurer, who need not be commissioners. It shall adopt its
own rules of procedure 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 ordinances or
resolutions for acquiring and operating the same, and in
their maintenance, operation, and extension. The commission
is authorized to contract with the municipalities which
established the commission for a supply of water to those
municipalities, for a period not exceeding 50 years, and the
corporate authorities of those municipalities are authorized
to enter into contracts with the commission.
The commission is authorized to develop, promote and
provide for recreational facilities on property acquired in
and for the operation of its common source of supply of water
and to include reasonable charges for such recreational
facilities as part of the cost of operation and maintenance
of the waterworks system.
Any 2 or more water commissions organized under this
Division 135 may, by resolution adopted by each commission
and ratified by the corporate authorities of each of the
municipalities comprising each of the water commissions agree
to the joint purchase, construction, operation, improvement
or extension, or any combination thereof, of either or both a
waterworks system and a common source of supply of water for
those commissions. When such an agreement has been executed,
the water commissions entering into that agreement may
jointly issue revenue bonds for the projects subject to the
agreement in the same manner and subject to the same
conditions as are provided in this Division 135 in the case
of an individual water commission.
Any additional municipality or water commission may join
and become a part of the system provided for in this Division
135 in the same manner as if participating at the time of
formation if approved by majority vote of the water
commissioners and such approval is ratified by resolution of
the corporate authorities of a majority of the municipalities
or water commissions constituting the commission; except that
if a system is composed of two municipalities, only the
approval of a majority of the water commissioners is required
to accept an additional municipality or water commission to
the system. If a municipality or water commission has been a
continuous customer of the same water commission for a
minimum of 20 years, receives at least 90% of its water from
the water commission, and the population of the municipality
or water commission exceeds 20% 25% of the population of the
then current member municipalities in the water commission,
that municipality or water commission shall become a part of
the system. In such event the name of the water commission
may shall be changed either to include the joining
municipality's or water commission's name or to provide
another name that is indicative of the area. The membership
of the water commission shall be enlarged to include a member
from such joining municipality or water commission.
(Source: P.A. 81-1212.)
(65 ILCS 5/11-135-4) (from Ch. 24, par. 11-135-4)
Sec. 11-135-4. A commission may from time to time issue
its revenue bonds in such principal amounts as the commission
shall deem 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, if any, and interest
on, any 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.
Every issue of bonds of such commission shall be payable
out of the revenues to be derived pursuant to contracts with
the specified municipalities and participating water
commissions 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 may determine, including
bonds as to which the principal and interest are payable
exclusively 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, or contribution from the United States, the
State of Illinois, or any unit of local government, or any
combination thereof.
Before the treasurer of the commission is entitled to
receive the proceeds of the sale of such a bond issue, he
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, he shall supply a separate
corporate surety bond for the faithful accounting of any
funds that may come into his possession in an amount equal to
the amount of funds likely to come into his 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 revenue bonds shall be issued pursuant to an
ordinance or resolution 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 "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended, 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 of Illinois, 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 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 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 refer to plans and specifications nor that there
be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the
project. This ordinance or resolution 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 the face of 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
specified municipalities and from the operation of its
properties, shall be accounted for as provided in the
ordinance or resolution authorizing the issuance of the
bonds. Any commission created under the provisions of this
Division 135 may also issue new bonds for the purpose of
providing funds for the payment of unpaid bonds in accordance
with the procedure prescribed by this Division 135.
The amendatory Acts of 1971, 1972, 1973, 1975 and 1981
are not a limit upon any municipality which is a home rule
unit.
(Source: P.A. 82-641.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]