Division 134 - Water Filtration in Cities with 25,000 to 500,000 Inhabitants
(65 ILCS 5/Art. 11 Div. 134 heading) DIVISION 134. WATER FILTRATION IN CITIES WITH 25,000 TO 500,000 INHABITANTS
(65 ILCS 5/11‑134‑1) (from Ch. 24, par. 11‑134‑1)
Sec. 11‑134‑1. Any city with a population of 25,000 or more but less than 500,000 which owns or operates its waterworks system, may contract with any person for the filtration and treatment of its water supply.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑2) (from Ch. 24, par. 11‑134‑2)
Sec. 11‑134‑2. The city council of any city availing itself of the provisions of this Division 134, shall adopt an ordinance, incorporating therein the contract to be entered into and authorizing the execution thereof on behalf of the city. The contract, among other things, (1) shall describe in a general way the plans and equipment to be constructed for the purpose of such filtration and treatment, (2) shall refer to and make a part thereof the plans and specifications for the plants and equipment, (3) shall provide for the manner, terms, and conditions upon which the water is to be filtered and treated, (4) shall provide for and fix the rate at which the water will be filtered and treated, and (5) may prescribe a method of redetermining that rate in the event such redetermination is provided for by the terms of the contract. The rate so fixed and the method so prescribed for redetermining the rate shall not be modified during the term of the contract without the consent of both the city and the other contracting party.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑3) (from Ch. 24, par. 11‑134‑3)
Sec. 11‑134‑3. Such a contract may provide that the city has the right, at its option, to acquire the filtration and treatment plants and equipment to be constructed, upon the terms and conditions therein set forth. Filtration and treatment plants and equipment so acquired by any city shall become a part of its waterworks system, and the revenue derived therefrom shall be deposited at all times in the water fund of the city provided for in Section 11‑134‑5, for the uses and purposes therein specified.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑4) (from Ch. 24, par. 11‑134‑4)
Sec. 11‑134‑4. At all times during the term of such a contract the city shall establish, maintain, and collect rates for water supplied or delivered to its water consumers sufficient to enable the city to pay for all water filtered and treated under the terms of the contract at the rates therein provided for. But this provision does not relieve the city from any obligation to maintain such other rates as may be imposed upon it under the terms of any other statutory provision or contract.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑5) (from Ch. 24, par. 11‑134‑5)
Sec. 11‑134‑5. During the term of such a contract, the entire revenue received by the city from the operation of its waterworks system shall be deposited in a separate fund designated as the water fund of the city of ..... This fund shall be used only in paying, first, the cost of maintenance and operation of the waterworks system, and then the obligations, in whatever form, of the city that are payable by their terms from that revenue. All charges or payments required to be paid by the city under such a contract for the filtration and treatment of its water supply shall be deemed to be part of the cost of maintenance and operation of its waterworks system.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑6) (from Ch. 24, par. 11‑134‑6)
Sec. 11‑134‑6. The performance of the terms and the observance of the provisions of such a contract for the filtration and treatment of the water supply of such a city may be enforced in any civil action, mandamus, injunction or other proceeding.
(Source: P.A. 83‑345.) |
(65 ILCS 5/11‑134‑7) (from Ch. 24, par. 11‑134‑7)
Sec. 11‑134‑7. All charges or payments to be made by any city under such a contract for the filtration and treatment of its water supply shall be made solely out of revenue derived by the city from the operation of its waterworks system. The obligation of the city to make payments under such a contract is limited solely to that revenue and does not constitute an indebtedness to the city within the meaning of any constitutional or statutory limitation.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/11‑134‑8) (from Ch. 24, par. 11‑134‑8)
Sec. 11‑134‑8. Sections 11‑134‑1 through 11‑134‑7, without reference to any other statutory provisions, authorize any city with a population of 25,000 or more but less than 500,000 to enter into a contract for the purpose declared in those sections without submitting a proposition for the approval of the contract to the electors of the city.
(Source: Laws 1961, p. 576.) |