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| Public Act 100-1076 | ||||
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AN ACT concerning 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 Intergovernmental Cooperation Act is | ||||
amended by changing Sections 3.1 and 3.4 as follows:
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(5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
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Sec. 3.1. Municipal Joint Action Water Agency.
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(a) Any municipality or municipalities of
this State, any | ||||
county
or counties of this State, any township in a county with | ||||
a population under
700,000 of this State, any public water | ||||
district or districts of this State, State university, or
any | ||||
combination thereof may, by intergovernmental agreement, | ||||
establish a
Municipal Joint Action Water Agency to provide | ||||
adequate supplies of water on an
economical and efficient basis | ||||
for member municipalities, public water
districts and other | ||||
incorporated and unincorporated areas within such counties.
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Any
such Agency shall itself be a municipal
corporation, public | ||||
body politic and corporate. A Municipal Joint Action Water
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Agency so created shall not itself have taxing power except as | ||||
hereinafter
provided.
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A Municipal Joint Action Water Agency shall be established | ||||
by an
intergovernmental agreement among the various member | ||||
municipalities,
public water districts, townships, State | ||||
universities, and counties, upon approval by an ordinance
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adopted by the corporate authorities of each member | ||
municipality, public water
district, township, State | ||
university, or county. This agreement may be amended at any | ||
time upon
the adoption of concurring ordinances by the | ||
corporate authorities of all
member municipalities, public | ||
water districts, townships, State universities, and counties. | ||
The
agreement may provide for additional municipalities, | ||
public water districts, any State universities,
townships in | ||
counties with a population under 700,000, or counties to join | ||
the
Agency upon adoption of an ordinance by the corporate | ||
authorities of the
joining municipality, public water | ||
district, township, or county, and upon such
consents, | ||
conditions and approvals of the governing body of the Municipal | ||
Joint
Action Water Agency and of existing member | ||
municipalities, public water
districts, townships, State | ||
universities, and counties as shall be provided in the | ||
agreement. The
agreement shall provide the manner and terms on | ||
which any municipality, public
water district, township, or | ||
county may withdraw from membership in the
Municipal Joint | ||
Action Water Agency and on which the Agency may terminate and
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dissolve in whole or in part. The agreement shall set forth the | ||
corporate name
of the Municipal Joint Action Water Agency and | ||
its duration. Promptly upon any
agreement establishing a | ||
Municipal Joint Action Water Agency being entered
into, or upon | ||
the amending of any such agreement, a copy of such agreement or
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amendment shall be filed in the office of the Secretary of | ||
State of Illinois.
Promptly upon the addition or withdrawal of | ||
any municipality, public water
district, township in a county | ||
with a population under 700,000, or county, or
upon the | ||
dissolution of a Municipal Joint Action Water Agency, that fact | ||
shall
be certified by an officer of the Agency to the Secretary | ||
of State of Illinois.
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(b) The governing body of any Municipal Joint Action Water | ||
Agency
established pursuant to this Section 3.1 shall be a | ||
Board of Directors.
There shall be one Director from each | ||
member municipality, public water
district, township, State | ||
university, and county of the Municipal Joint Action Water | ||
Agency
appointed by ordinance of the corporate authorities of | ||
the municipality, public
water district, township, or county. | ||
Each Director shall have one vote, and shall meet the | ||
requirements of paragraphs (1) or (2), as applicable. | ||
(1) Each
Director shall be the Mayor or President of | ||
the member municipality, or the
chairman of the board of | ||
trustees of the member public water district, the
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supervisor of the member township, the appointee of the | ||
State university, or the chairman of the county board or | ||
chief
executive officer of the member county or a county | ||
board member appointed by
the chairman of the county board | ||
of the member county, appointing the Director;
an elected | ||
member of the corporate authorities of that municipality, | ||
public
water district, township, or county; or other | ||
elected official of the
appointing municipality, public | ||
water district, township, or county. Any
agreement | ||
establishing a Municipal Joint Action Water Agency shall | ||
specify the
period during which a Director shall hold | ||
office and may provide for the
appointment of Alternate | ||
Directors from member municipalities, public water
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districts, townships, or counties. The Board of Directors | ||
shall elect one
Director to serve as Chairman, and shall | ||
elect persons, who need not be
Directors, to such other | ||
offices as shall be designated in the agreement.
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(2) For any Municipal Joint Action Water Agency | ||
established after the effective date of this amendatory Act | ||
of the 100th General Assembly, each Director shall either: | ||
(i) meet the qualifications specified under paragraph (1); | ||
or (ii) be an appointed official of a member municipality, | ||
public water district, township, State university, or | ||
county, as designated by ordinance or other official | ||
action, from time to time by the corporate authorities of | ||
the member municipality, public water district, township, | ||
State university, or county. | ||
The Board of Directors shall determine the general policy | ||
of the Municipal
Joint Action Water Agency, shall approve the | ||
annual budget, shall make all
appropriations (which may include | ||
appropriations made at any time in
addition to those made in | ||
any annual appropriation document), shall approve
all | ||
contracts for the purchase or sale of water, shall adopt any | ||
resolutions
providing for the issuance of bonds or notes by the | ||
Agency, shall adopt its
by-laws, rules and regulations, and | ||
shall have such other powers and duties as
may be prescribed in | ||
the agreement. Such agreement may further specify those
powers | ||
and actions of the Municipal Joint Action Water Agency which | ||
shall
be authorized only upon votes of greater than a majority | ||
of all Directors
or only upon consents of the corporate | ||
authorities of a certain number of
member municipalities, | ||
public water districts, townships, State universities, or | ||
counties.
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The agreement may provide for the establishment of an | ||
Executive Committee
to consist of the municipal manager or | ||
other elected or appointed official of
each member | ||
municipality, public water district, township, State | ||
university, or county, as
designated by ordinance or other | ||
official action, from time to time by the corporate authorities | ||
of the
member municipality, public water district, township, | ||
State university, or county, and may
prescribe powers and | ||
duties of the Executive Committee for the efficient
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administration of the Agency.
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(c) A Municipal Joint Action Water Agency established | ||
pursuant to this
Section 3.1 may plan, construct, improve, | ||
extend, acquire, finance (including
the issuance of revenue | ||
bonds or notes as provided in this Section 3.1),
operate, | ||
maintain, and contract for a joint waterworks or water supply | ||
system
which may include, or may consist of, without | ||
limitation, facilities for
receiving, storing, and | ||
transmitting water from any source for supplying water
to | ||
member municipalities, public water districts, townships, or
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counties (including county special service areas created under | ||
the Special
Service Area Tax Act and county service areas | ||
authorized under the Counties
Code), or other public agencies, | ||
persons, or corporations. Facilities of the
Municipal Joint | ||
Action Water Agency may be located within or without the
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corporate limits of any member municipality.
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A Municipal Joint Action Water Agency shall have such | ||
powers as shall be
provided in the agreement establishing it, | ||
which may include, but need not
be limited to, the following | ||
powers:
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(i) to sue or be sued;
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(ii) to apply for and accept gifts or grants or loans | ||
of funds or property
or financial or other aid from any | ||
public agency or private entity;
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(iii) to acquire, hold, sell, lease as lessor or | ||
lessee, transfer or
dispose of such real or personal | ||
property, or interests therein, as it
deems appropriate in | ||
the exercise of its powers, and to provide for the use
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thereof by any member municipality, public water district, | ||
township, or county;
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(iv) to make and execute all contracts and other | ||
instruments necessary
or convenient to the exercise of its | ||
powers (including contracts with
member municipalities, | ||
with public water districts, with townships, and
with | ||
counties on behalf of county service areas); and
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(v) to employ agents and employees and to delegate by | ||
resolution to
one or more of its Directors or officers such | ||
powers as it may deem proper.
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Member municipalities, public water districts, townships, | ||
State universities, or counties may,
for the purposes of, and | ||
upon request by, the Municipal Joint Action Water
Agency, | ||
exercise the power of eminent domain available to them, convey | ||
property
so acquired to the Agency for the cost of acquisition, | ||
and be reimbursed for
all expenses related to this exercise of | ||
eminent domain power on behalf of the
Agency.
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All property, income and receipts of or transactions by a | ||
Municipal Joint
Action Water Agency shall be exempt from all | ||
taxation, the same as if it
were the property, income or | ||
receipts of or transaction by the member
municipalities, public | ||
water districts, townships, State universities, or counties.
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(d) A Municipal Joint Action Water Agency established | ||
pursuant to this
Section 3.1 shall have the power to buy water | ||
and to enter into contracts
with any person, corporation or | ||
public agency (including any member
municipality, public water | ||
district, township, or county) for that purpose.
Any such | ||
contract made by an Agency for a supply of water may contain
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provisions whereby the Agency is obligated to pay for the | ||
supply of water
without setoff or counterclaim and irrespective | ||
of whether the supply of water
is ever furnished, made | ||
available or delivered to the Agency 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 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
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contract or such similar contract shall be required to pay for | ||
all or a
portion of the obligations of the defaulting | ||
purchasers. No such contract
may have a term in excess of 50 | ||
years.
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A Municipal Joint Action Water Agency shall have the power | ||
to sell water
and to enter into contracts with any person, | ||
corporation or public agency
(including any member | ||
municipality, any public water district, any township, any | ||
State university, or
any county on behalf of a county service | ||
area as set forth in this Section) for
that purpose. No such | ||
contract may have a term in excess of 50 years. Any
such | ||
contract entered into to sell water to a public agency may | ||
provide that
the payments to be made thereunder by such public | ||
agency shall be made solely
from revenues to be derived by such | ||
public agency from the operation of its
waterworks system or | ||
its combined waterworks and sewerage system. Any public
agency | ||
so contracting to purchase water shall establish from time to | ||
time such
fees and charges for its water service or combined | ||
water and sewer service as
will produce revenues sufficient at | ||
all times to pay its obligations to the
Agency under the | ||
purchase contract. Any such contract so providing shall not
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constitute indebtedness of such public agency so contracting to | ||
buy water
within the meaning of any statutory or constitutional | ||
limitation. Any such
contract of a public agency to buy water | ||
shall be a continuing, valid and
binding obligation of such | ||
public agency payable from such revenues.
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A Municipal Joint Action Water Agency shall establish fees | ||
and charges
for the purchase of water from it or for the use of | ||
its facilities. No
prior appropriation shall be required by | ||
either the Municipal Joint Action
Water Agency or any public | ||
agency before entering into any contract authorized
by this | ||
paragraph (d).
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The changes in this Section made by this amendatory Act of | ||
1984 are intended
to be declarative of existing law.
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(e) 1. A Municipal Joint Action Water Agency established | ||
pursuant to
this Section 3.1 may, from time to time, borrow | ||
money and, in evidence of
its obligation to repay the | ||
borrowing, issue its negotiable water revenue bonds
or notes | ||
pursuant to this paragraph (e) for any of the following | ||
purposes:
for paying costs of constructing, acquiring, | ||
improving or extending a joint
waterworks or water supply | ||
system; for paying other expenses incident to or
incurred in | ||
connection with such construction, acquisition, improvement or
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extension; for repaying advances made to or by the Agency for | ||
such purposes;
for paying interest on the bonds or notes until | ||
the estimated date of
completion of any such construction, | ||
acquisition, improvement or extension and
for such period after | ||
the estimated completion date as the Board of Directors
of the | ||
Agency shall determine; for paying financial, legal, | ||
administrative
and other expenses of the authorization, | ||
issuance, sale or delivery of bonds
or notes; for paying costs | ||
of insuring payment of the bonds or notes; for
providing or | ||
increasing a debt service reserve fund with respect to any or | ||
all
of the Agency's bonds or notes; and for paying, refunding | ||
or redeeming any of
the Agency's bonds or notes before, after | ||
or at their maturity, including
paying redemption premiums or | ||
interest accruing or to accrue on such bonds
or notes being | ||
paid or redeemed or for paying any other costs in connection
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with any such payment or redemption.
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2. Any bonds or notes issued pursuant to this paragraph (e) | ||
by a Municipal
Joint Action Water Agency shall be authorized by | ||
a resolution of the Board
of Directors of the Agency adopted by | ||
the affirmative vote of Directors
from a majority of the member | ||
municipalities, public water districts,
townships, State | ||
universities, and counties, and any additional requirements as | ||
may be set forth in
the agreement establishing the Agency. The | ||
authorizing resolution may be
effective immediately upon its | ||
adoption. The authorizing resolution shall
describe in a | ||
general way any project contemplated to be financed by the | ||
bonds
or notes, shall set forth the estimated cost of the | ||
project and shall determine
its period of usefulness. The | ||
authorizing resolution shall determine the
maturity or | ||
maturities of the bonds or notes, the rate or rates at which | ||
the
bonds or notes are to bear interest and all the other terms | ||
and details of the
bonds or notes. All such bonds or notes | ||
shall mature within the period of
estimated usefulness of the | ||
project with respect to which such bonds or notes
are issued, | ||
as determined by the Board of Directors, but in any event not | ||
more
than 50 years from their date of issue. The bonds and | ||
notes may bear interest,
payable at such times, at a rate or | ||
rates not exceeding the maximum rate
established in the Bond | ||
Authorization Act, as from time to time in effect.
Bonds or | ||
notes of a Municipal Joint Action Water Agency shall be sold in | ||
such
manner as the Board of Directors of the Agency shall | ||
determine, either at par
or at a premium or discount, but such | ||
that the effective interest cost
(excluding any redemption | ||
premium) to the Agency of the bonds or notes shall
not exceed a | ||
rate equal to the rate of interest specified in the Act | ||
referred
to in the preceding sentence.
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The resolution authorizing the issuance of any bonds or | ||
notes pursuant
to this paragraph (e) shall constitute a | ||
contract with the holders of the
bonds and notes. The | ||
resolution may contain such covenants and restrictions
with | ||
respect to the purchase or sale of water by the Agency and the | ||
contracts
for such purchases or sales, the operation of the | ||
joint waterworks system
or water supply system, the issuance of | ||
additional bonds or notes by the
Agency, the security for the | ||
bonds and notes, and any other matters, as
may be deemed | ||
necessary or advisable by the Board of Directors to assure
the | ||
payment of the bonds or notes of the Agency.
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3. The resolution authorizing the issuance of bonds or | ||
notes by a
Municipal
Joint Action Water Agency shall pledge and | ||
provide for the application of
revenues derived from the | ||
operation of the Agency's joint waterworks or
water supply | ||
system (including from contracts for the sale of water by the
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Agency) and investment earnings thereon to the payment of the | ||
cost of operation
and maintenance of the system (including | ||
costs of purchasing water), to
provision of adequate | ||
depreciation, reserve or replacement funds with respect
to the | ||
system or the bonds or notes, and to the payment of principal, | ||
premium,
if any, and interest on the bonds or notes of the | ||
Agency (including amounts
for the purchase of such bonds or | ||
notes). The resolution shall provide
that revenues of the | ||
Municipal Joint Action Water Agency so derived from
the | ||
operation of the system, sufficient (together with other | ||
receipts of
the Agency which may be applied to such purposes) | ||
to provide for such purposes,
shall be set aside as collected | ||
in a separate fund or funds and used for
such purposes. The | ||
resolution may provide that revenues not required for
such | ||
purposes may be used for any proper purpose of the Agency or | ||
may be
returned to member municipalities.
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Any notes of a Municipal Joint Action Water Agency issued | ||
in anticipation
of the issuance of bonds by it may, in | ||
addition, be secured by a pledge
of proceeds of bonds to be | ||
issued by the Agency, as specified in the resolution
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authorizing the issuance of such notes.
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4. (i) Except as provided in clauses (ii) and (iii) of this | ||
subparagraph 4
of this paragraph (e), all bonds and notes of | ||
the Municipal Joint Action
Water Agency issued pursuant to this | ||
paragraph (e) shall be revenue bonds or
notes. Such revenue | ||
bonds or notes shall have no claim for payment other than
from | ||
revenues of the Agency derived from the operation of its joint | ||
waterworks
or water supply system (including from contracts for | ||
the sale of water by the
Agency) and investment earnings | ||
thereon, from bond or note proceeds and
investment earnings | ||
thereon, or from such other receipts of the Agency as the
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agreement establishing the Agency may authorize to be pledged | ||
to the payment of
revenue bonds or notes, all as and to the | ||
extent as provided in the resolution
of the Board of Directors | ||
authorizing the issuance of the revenue bonds or
notes. Revenue | ||
bonds or notes issued by a Municipal Joint Action Water Agency
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pursuant to this paragraph (e) shall not constitute an | ||
indebtedness of the
Agency or of any member municipality, | ||
public water district, township, or
county within the meaning | ||
of any constitutional or statutory limitation. It
shall be | ||
plainly stated on each revenue bond and note that it does not
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constitute an indebtedness of the Municipal Joint Action Water | ||
Agency or of any
member municipality, public water district, | ||
township, or county within the
meaning of any constitutional or | ||
statutory limitation.
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(ii) If the Agreement so provides and subject to the | ||
referendum
provided for in clause (iii) of this subparagraph 4 | ||
of this paragraph
(e), the Municipal Joint Action Water Agency | ||
may borrow money for corporate
purposes on the credit of the | ||
Municipal Joint Action Water Agency, and
issue general | ||
obligation bonds therefor, in such amounts and form and on
such | ||
conditions as it shall prescribe, but shall not become indebted | ||
in any
manner or for any purpose in an amount including | ||
existing indebtedness in
the aggregate which exceeds 5.75% of | ||
the aggregate value of the taxable
property within the | ||
boundaries of the participating municipalities, public
water | ||
districts, townships, and county service areas within a member | ||
county
determined by the governing body of the county by | ||
resolution to be served by
the Municipal Joint Action Water | ||
Agency (including any territory added to the
Agency after the | ||
issuance of such general obligation bonds), collectively
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defined as the "Service Area", as equalized and assessed by the | ||
Department of
Revenue and as most recently available at the | ||
time of the issue of said bonds.
Before or at the time of | ||
incurring any such general obligation indebtedness,
the | ||
Municipal Joint Action Water Agency shall provide for the
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collection of a direct annual tax, which shall be unlimited as | ||
to rate or
amount, sufficient to pay the interest on such debt | ||
as it falls due and also to
pay and discharge the principal | ||
thereof at maturity, which shall be within 40
years after the | ||
date of issue thereof. Such tax shall be levied upon and
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collected from all of the taxable property within the | ||
territorial boundaries of
such Service Area at the time of the | ||
referendum provided for in clause (iii)
and shall be levied | ||
upon and collected from all taxable property within the
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boundaries of any territory subsequently added to the Service | ||
Area.
Dissolution of the Municipal Joint Action Water Agency | ||
for any reason shall not
relieve the taxable property within | ||
such Service Area from liability for such
tax. Liability for | ||
such tax for property transferred to or released from such
| ||
Service Area shall be determined in the same manner as for | ||
general obligation
bonds of such county, if in an | ||
unincorporated area, and of such municipality,
if within the | ||
boundaries thereof. The clerk or other officer of the Municipal
| ||
Joint Action Water Agency shall file a certified copy of the | ||
resolution or
ordinance by which such bonds are authorized to | ||
be issued and such tax is
levied with the County Clerk or | ||
Clerks of the county or counties containing the
Service Area, | ||
and such filing shall constitute, without the doing of any | ||
other
act, full and complete authority for such County Clerk or | ||
Clerks to extend such
tax for collection upon all the taxable | ||
property within the Service Area
subject to such tax in each | ||
and every year, as required, in amounts sufficient
to pay the | ||
principal of and interest on such bonds, as aforesaid, without | ||
limit
as to rate or amount. Such tax shall be in addition to | ||
and in excess of all
other taxes authorized to be levied by the | ||
Municipal Joint Action Water Agency
or by such county, | ||
municipality, township, or public water district. The
issuance | ||
of such general obligation bonds shall be subject to the other
| ||
provisions of this paragraph (e), except for the provisions of | ||
clause (i) of
this subparagraph 4.
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(iii) No issue of general obligation bonds of the Municipal | ||
Joint Action
Water Agency (except bonds to refund an existing | ||
bonded indebtedness) shall
be authorized unless the Municipal | ||
Joint Action Water Agency certifies the
proposition of issuing | ||
such bonds to the proper election authorities, who
shall submit | ||
the proposition to the voters in the Service Area at an
| ||
election in accordance with the general election law, and the | ||
proposition
has been approved by a majority of those voting on | ||
the proposition.
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The proposition shall be substantially in the following | ||
form:
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-------------------------------------------------------------
| ||
Shall general obligation
| ||
bonds for the purpose of (state
| ||
purpose), in the sum not to
| ||
exceed $....(insert amount), Yes
| ||
be issued by the ......... ------------------------
| ||
(insert corporate name of the No
| ||
Municipal Joint Action Water
| ||
Agency)?
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-------------------------------------------------------------
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5. As long as any bonds or notes of a Municipal Joint | ||
Action Water Agency
created pursuant to this Section 3.1 are | ||
outstanding and unpaid, the Agency
shall not terminate or | ||
dissolve and, except as permitted by the resolution
or | ||
resolutions authorizing outstanding bonds or notes, no member
| ||
municipality, public water district, township, or county
may | ||
withdraw from the Agency. While any such bonds or notes are | ||
outstanding,
all contracts for the sale of water by the Agency | ||
to member
municipalities, public water districts, townships, | ||
or counties
shall be irrevocable except as permitted by the | ||
resolution or resolutions
authorizing such bonds or notes. The | ||
Agency shall establish fees and charges
for its operations | ||
sufficient to provide adequate revenues to meet all of
the | ||
requirements under its various resolutions authorizing bonds | ||
or notes.
| ||
6. A holder of any bond or note issued pursuant to this | ||
paragraph (e)
may, in any civil action, mandamus or other | ||
proceeding, enforce and compel
performance of all duties | ||
required to be performed by the Agency or such
counties, as | ||
provided in the authorizing resolution, or by any of the public
| ||
agencies contracting with the Agency to purchase water, | ||
including the
imposition of fees and charges, the collection of | ||
sufficient revenues and the
proper application of revenues as | ||
provided in this paragraph (e) and the
levying, extension and | ||
collection of such taxes.
| ||
7. In addition, the resolution authorizing any bonds or | ||
notes issued
pursuant to this paragraph (e) may provide for a | ||
pledge, assignment, lien or
security interest, for the benefit | ||
of the holders of any or all bonds or notes
of the Agency, (i) | ||
on any or all revenues derived from the operation of the
joint | ||
waterworks or water supply system (including from contracts for | ||
the sale
of water) and investment earnings thereon or (ii) on | ||
funds or accounts securing
the payment of the bonds or notes as | ||
provided in the authorizing resolution.
In addition, such a | ||
pledge, assignment, lien or security interest may be made
with | ||
respect to any receipts of the Agency which the agreement | ||
establishing the
Agency authorizes it to apply to payment of | ||
bonds or notes. Any such pledge,
assignment, lien or security | ||
interest for the benefit of holders of bonds or
notes shall be | ||
valid and binding from the time the bonds
or notes are issued, | ||
without any physical delivery or further act, and shall
be | ||
valid and binding as against or prior to any claims of any | ||
other party
having any claims of any kind against the Agency | ||
irrespective of whether
such other parties have notice of such | ||
pledge, assignment, lien or security
interest.
| ||
A resolution of a Municipal Joint Water Agency authorizing | ||
the issuance of
bonds or notes pursuant to this paragraph (e) | ||
may provide for the appointment
of a corporate trustee with | ||
respect to any or all of such bonds or notes
(which trustee may | ||
be any trust company or state or national bank having
the power | ||
of a trust company within Illinois). In that event, the | ||
resolution
shall prescribe the rights, duties and powers of the | ||
trustee to be exercised
for the benefit of the Agency and the | ||
protection of the holders of such
bonds or notes. The | ||
resolution may provide for the trustee to hold in trust,
invest | ||
and use amounts in funds and accounts created as provided in | ||
the
resolution. The resolution authorizing the bonds or notes | ||
may provide for
the assignment and direct payment to the | ||
trustee of amounts owed by public
agencies to the Municipal | ||
Joint Action Water Agency under water sales contracts
for | ||
application by the trustee to the purposes for which such | ||
revenues are
to be used as provided in this paragraph (e) and | ||
as provided in the authorizing
resolution. Upon receipt of | ||
notice of such assignment, the public agency
shall thereafter | ||
make the assigned payments directly to such trustee.
| ||
Nothing in this Section authorizes a Joint Action Water | ||
Agency to provide
water service directly to residents within a | ||
municipality or in territory
within one mile or less of the | ||
corporate limits of a municipality that operates
a public water | ||
supply unless the municipality has consented in writing to
such | ||
service being provided.
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(Source: P.A. 94-1007, eff. 1-1-07.)
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(5 ILCS 220/3.4) (from Ch. 127, par. 743.4)
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Sec. 3.4.
(a) Any 2 or more municipalities or counties, or | ||
any combination
thereof, may, by intergovernmental agreement, | ||
establish a Municipal Joint
Sewage Treatment Agency to provide | ||
for the treatment, carrying off and
disposal of swamp, stagnant | ||
or overflow water, sewage, industrial wastes
and other drainage | ||
of member municipalities and counties. Any such Agency
shall | ||
itself be a municipal corporation and a public body politic and
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corporate. | ||
(b) The governing body of any Municipal Joint Sewage
| ||
Treatment Agency shall be a Board of Directors. The composition | ||
and manner
of appointment of the Board of Directors shall be | ||
determined pursuant to
the intergovernmental agreement. | ||
However, for any Municipal Joint Sewage Treatment Agency | ||
established after the effective date of this amendatory Act of | ||
the 100th General Assembly, a Director sitting on the Board of | ||
Directors shall not be required to be an elected official of a | ||
member municipality or county, but may be an appointed official | ||
of a member municipality or county. The Board of Directors | ||
shall determine
the general policy of the Agency, shall approve | ||
the annual budget, shall
make all appropriations, shall approve | ||
all contracts, shall adopt all
resolutions providing for the | ||
issuance of bonds or notes by the Agency,
shall adopt its | ||
bylaws, rules and regulations, and shall have such other
powers | ||
and duties as may be prescribed in the intergovernmental | ||
agreement.
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(c) A Municipal Joint Sewage Treatment Agency may plan, | ||
construct,
reconstruct, acquire, own, lease as lessor or | ||
lessee, equip, extend,
improve, operate, maintain, repair and | ||
finance drainage and sewage
treatment projects, and may enter | ||
into agreements or contracts for the
provision of drainage or | ||
sewage treatment services for member municipalities or | ||
counties.
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(d) A Municipal Joint Sewage Treatment Agency shall have | ||
such powers
as shall be provided in the agreement establishing | ||
it, which may include,
but need not be limited to, the | ||
following powers:
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(1) to sue or be sued;
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(2) to apply for and accept gifts, grants or loans of | ||
funds or property,
or financial or other aid, from any | ||
public agency or private entity;
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(3) to acquire, hold, sell, lease as lessor or lessee, | ||
transfer or
dispose of such real or personal property, or | ||
interests therein, as it deems
appropriate in the exercise | ||
of its powers, and to provide for the use thereof
by any | ||
member municipality or county;
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(4) to make and execute all contracts and other | ||
instruments necessary
or convenient to the exercise of its | ||
power; and
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(5) to make and execute any contract with the federal | ||
government, a
state, or a unit of local government, | ||
relating to drainage and the treatment of sewage.
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(e) A Municipal Joint Sewage Treatment Agency may, from | ||
time to time,
borrow money, and, in evidence of its obligation | ||
to repay the borrowing,
issue its negotiable revenue bonds or | ||
notes for any of the following purposes:
for paying costs of | ||
planning, constructing, reconstructing, acquiring, leasing,
| ||
equipping, improving or extending a drainage and sewage | ||
treatment project;
for paying other expenses incident to or | ||
incurred in connection with such
project; for repaying advances | ||
made to or by the Agency for such purposes;
for paying interest | ||
on the bonds or notes until the estimated date of
completion of | ||
any such project and for such period after the estimated
| ||
completion date as the Board of Directors of the Agency shall | ||
determine;
for paying financial, legal, administrative and | ||
other expenses of the
authorization, issuance, sale or delivery | ||
of bonds or notes; for providing
or increasing a debt service | ||
reserve fund with respect to any or all of the
Agency's bonds | ||
or notes; and for paying, refunding or redeeming any of the
| ||
Agency's bonds or notes before, after or at their maturity, | ||
including
paying redemption premiums or interest accruing or to | ||
accrue on such bonds
or notes being paid or redeemed or for | ||
paying any other costs in connection
with any such payment or | ||
redemption.
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The resolution authorizing the issuance of the bonds or | ||
notes shall pledge
and provide for the application of revenues | ||
derived from the operation of
the project to payment of the | ||
cost of operation and maintenance of the project,
to provision | ||
for adequate depreciation, reserve or replacement
funds with | ||
respect to the project, the bonds or notes, and to the payment
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of principal, premium, if any, and interest on the bonds or | ||
notes of the
Agency. All bonds or notes of the Agency shall be | ||
revenue bonds or notes
and shall have no claim for payment | ||
other than from revenues of the Agency
derived from operation | ||
of the drainage and sewage treatment project. Bonds
or notes | ||
issued by the Agency shall not constitute an indebtedness of | ||
any
member municipality or county.
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(Source: P.A. 83-1423.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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