(70 ILCS 3715/0.01) (from Ch. 111 2/3, par. 222.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Water Authorities Act.
(Source: P.A. 86-1324.)
(70 ILCS 3715/1) (from Ch. 111 2/3, par. 223)
Sec. 1.
Any area of contiguous territory may be incorporated as a
water authority in the following manner: Not less than 500 legal voters
of the proposed authority shall petition the circuit court for the
county in which the proposed authority, or the major portion thereof, is
located defining the boundaries of the proposed authority, stating its
name and requesting that the question of whether the proposed territory
shall be organized as a water authority be submitted to the legal voters
of the proposed authority.
Upon the filing of such petition, the court shall set a day for a
public hearing thereon. Notice of the time and place of such hearing
shall be given by publication in a newspaper having a general
circulation in said proposed authority not less than 15 days prior to
such hearing and if there is no such newspaper then such notice shall be
posted in at least 10 public places within such proposed authority not
less than 15 days before such hearing.
The court shall preside at such hearing and all persons residing
within such proposed authority shall be given an opportunity to be heard
concerning the location and boundaries thereof and to make suggestions
regarding the same. The petitioners may authorize and designate one or
more persons to represent them at such hearing with authority to amend,
dismiss or withdraw the petition. Such hearing may be continued from
time to time and the court may modify or amend the petition.
The court shall enter an order fixing and determining the boundaries
of such proposed authority and shall certify the proposition to the proper
election officials, who shall submit to the legal voters thereof at an election
thereafter the question of
whether the proposed authority be organized and established as a water
authority pursuant to the provisions of this Act. Notice of such election
shall be given and the election conducted in the manner provided by the
general election law.
Such notice shall state a description of the territory to be included.
The proposition shall be substantially as follows:
————————————————————–
For organization of water authority
————————————————————–
Against organization of water authority
————————————————————–
(Source: P.A. 81-1489.)
(70 ILCS 3715/2) (from Ch. 111 2/3, par. 224)
Sec. 2.
The court shall canvass the returns of the election and by written
order shall determine and declare the result thereof within the territory that
shall be described in the order, which order shall be entered of record in the
court. If a majority of the votes cast upon the question shall be in
favor of the same, the order shall declare the territory a duly organized water
authority and a body corporate and politic. In case the territory of the
proposed authority is situated in more than one county, then the court shall
cause a certified copy of the order to be filed with the circuit clerk of each
of the counties, who shall cause the same to be
filed of record in their respective courts.
(Source: P.A. 90-655, eff. 7-30-98.)
(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.)
(70 ILCS 3715/4) (from Ch. 111 2/3, par. 226)
Sec. 4.
Such board of trustees shall, within thirty days after appointment,
organize by selecting one of its members as chairman and one thereof as
secretary. They shall also select a treasurer, an engineer, an attorney and
such other employees as they deem expedient who shall serve during the
pleasure of the board. Salaries of all employees shall be fixed by the
trustees but no trustee shall receive compensation in excess of $500.00 per
year. All costs and expenses of the court proceedings and the election in
connection with the organization of the authority shall be borne by such
authority. The trustees shall have power to adopt all such rules and
regulations and to enact all such ordinances as may be deemed necessary or
expedient to carry out the purposes of this act and to exercise their
powers as herein defined.
(Source: Laws 1951, p. 1964.)
(70 ILCS 3715/5) (from Ch. 111 2/3, par. 227)
Sec. 5.
Each trustee shall furnish a bond to be approved by the appointing
authority, as defined in Section 3 of this Act, in the amount of $5,000 for
the faithful performance of his duties and the faithful accounting for all
moneys that may come into his hands, and all officers and employees
authorized to receive or retain money or to disburse the same shall furnish
bond for the faithful performance of their duties and the faithful
accounting for all moneys that may come into their hands, in an amount to
be fixed and in a form to be approved by the board of trustees. If trustees
are elected as provided in Section 5.1, their bond shall be approved by the
circuit court.
(Source: P.A. 77-255.)
(70 ILCS 3715/5.1) (from Ch. 111 2/3, par. 227.1)
Sec. 5.1.
Any water authority organized under this Act may determine, in
the manner provided in this Section, to have an elected, rather than an
appointed, board of trustees.
Upon presentation to the board of trustees of a petition, signed by not
less than 10% of the electors of the authority, requesting that a proposition
for the election of trustees be submitted to the electors of the authority,
the secretary of the board of trustees shall certify the question to the
appropriate election authorities who shall submit the question at an election
in accordance with the general election law. The proposition shall be in
substantially the following form:
————————————————————–
Shall the trustees of…….. YES
Water Authority be elected, —————————-
rather than appointed? NO
————————————————————–
If a majority of the votes cast on such proposition are in the affirmative,
the trustees of the authority shall thereafter be elected as provided by this Section.
At the first ensuing election for trustees of water
authorities as provided by the general election law, 3 trustees shall be
elected. The 3 trustees so elected shall serve for terms of 2, 4 and 6 years,
respectively, commencing on the first day of the month following the month
of their election and until their respective successors
are elected and
qualified. The length of the terms of the trustees first elected shall be
determined by lot at their first meeting. Thereafter one trustee shall be
elected at the election provided by the general election law for a term
of 6 years commencing on the first Monday of the month following the month
of his election and until his successor is elected and qualified.
Nominations of candidates for trustee shall be made in the manner provided
for independent candidates by the general election law. No party designation
shall appear on such ballot. The provisions of the general election law
shall apply to and govern the nomination and election of trustees.
The provisions of this Act relating to eligibility, powers and disabilities
of trustees shall apply equally to elected trustees.
Whenever a water authority determines to elect trustees as provided in
this Section, the trustees appointed pursuant to Section 3 shall continue
to constitute the board of trustees until the first Monday of the month
following the month of the first election of trustees. If the term of office
of any appointed trustees expires before the first election and qualification
of trustees, the appointing authority shall
appoint a successor to serve until the elected successor takes office. The
terms of all appointed trustees in such district shall expire on the first
Monday of the month
following the month of the first election of trustees under this Section.
(Source: P.A. 81-1490.)
(70 ILCS 3715/5.2) (from Ch. 111 2/3, par. 227.2)
Sec. 5.2.
Any water authority, that has determined to have an elected rather
than an appointed board of trustees pursuant to Section 5.1, may, in the
manner provided in this Section, revert to an appointed board of
trustees.
Upon presentation to the board of trustees of a petition, signed by
not less than 10% of the electors of the authority, requesting that a
proposition for the appointment of trustees be submitted to the electors
of the authority, the board of trustees shall certify that proposition
to the proper election officials, who shall, at an election conducted
in accordance with the general election law,
submit such proposition to the electors of the district.
The proposition shall be in substantially
the following
form:
————————————————————–
Shall the trustees of…….. YES
Water Authority be appointed, —————————
rather than elected? NO
————————————————————–
If a majority of the votes cast on such proposition are in the
affirmative, the trustees of the authority shall thereafter be appointed
as provided in Section 3.
(Source: P.A. 81-1489.)
(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.
- 2. To require the registration with them of all wells or other withdrawal facilities in accordance with such form or forms as they deem advisable.
- 3. To require permits from them for all additional wells or withdrawal facilities or for the deepening, extending or enlarging existing wells or withdrawal facilities.
- 4. To require the plugging of abandoned wells or the repair of any well or withdrawal facility to prevent loss of water or contamination of supply.
- 5. To reasonably regulate the use of water and during 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.
- 6. To supplement the existing water supply or provide 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.
- 7. To levy and collect a general tax on all of the 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.
- 8. To consult with and receive available information 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.
- 9. To have the right by appropriate action in the 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.
- 10. To provide by ordinance that the violation of any 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.
- 11. On or after the effective date of this amendatory 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.
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.)
(70 ILCS 3715/6.5)
Sec. 6.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 3715/6a) (from Ch. 111 2/3, par. 229)
Sec. 6a.
Notwithstanding any other provision of this Act any person,
firm, corporation, or agency of the public diverting or obtaining water at
the time of the establishment of a Water Authority pursuant to this Act
from any water source shall have the right of continuing to take from the
same source, the quantity of water which is the rated capacity of the
equipment used to divert or obtain water at the time of the establishment
of the Water Authority having jurisdiction over the water source.
(Source: Laws 1951, p. 1964.)
(70 ILCS 3715/6b) (from Ch. 111 2/3, par. 229.1)
Sec. 6b.
Purchases made pursuant to this Act shall be made in
compliance with the “Local Government Prompt Payment Act”, approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 3715/6c)
Sec. 6c. Boil order; notification of certified local health department required. If a water authority issues a boil order, then the authority must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the authority must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.)
(70 ILCS 3715/7) (from Ch. 111 2/3, par. 230)
Sec. 7.
All final administrative decisions of any board of trustees
organized pursuant to this act shall be subject to judicial review pursuant
to the provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted
pursuant thereto. The term “administrative decision” is defined as in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(70 ILCS 3715/8) (from Ch. 111 2/3, par. 231)
Sec. 8.
Provisions of this act shall not apply to water used for
agricultural purposes, farm irrigation, or water used for domestic purposes
where not to exceed 4 families are supplied from the same well or other
immediate source.
(Source: Laws 1951, p. 1964.)
(70 ILCS 3715/9) (from Ch. 111 2/3, par. 232)
Sec. 9.
Any adjoining territory may be annexed to such water authority in
the following manner: A written petition requesting such annexation and
signed by a majority in numbers and in area owned of the owners of record
of land in such adjoining territory shall be filed with the court in which
such authority was created. A public hearing shall be had upon such
petition after giving such notice by publication or posting, as the court
may direct. At such hearing, any interested person shall be given an
opportunity to be heard. If the court finds that the petition has been
signed by the required number of landowners and there is no valid objection
to such annexation, it shall enter an order annexing such territory.
Any territory within any such water authority which is upon the border
thereof and which contains not less than twenty acres and which, if
disconnected, will not result in the isolation of any part of such
authority from the remainder thereof may be disconnected in the following
manner: A written petition requesting such disconnection and signed by all
the owners of record of land in such territory shall be filed with the
court in which such authority was created. The water authority from which
disconnection is sought shall be made a defendant and it or any taxpayer
residing therein may appear and defend against said petition. If the court
finds that the allegations of the petition are true and that the area of
land is entitled to disconnection, it shall order the same disconnected.
The disconnection of any such land shall not exempt it from taxation for
the purpose of paying any indebtedness contracted by the authority prior to
the filing of the petition.
(Source: Laws 1967, p. 3987.)
(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.)
(70 ILCS 3715/11) (from Ch. 111 2/3, par. 234)
Sec. 11.
Any ordinance or resolution authorizing the issuance of revenue
bonds as provided in this Act shall describe in a general way the
contemplated project, but it shall not be necessary to refer to plans and
specifications prepared for any construction work and such ordinance or
resolution may be passed prior to the preparation of plans or
specifications for construction work to be done.
Such ordinance or resolution shall also set out the total estimated cost
of the project, fix the amount of bonds proposed to be issued, the maturity
or maturities, the interest rate and all details in respect thereof, and
the covenants and undertakings of the authority in connection with the
application of the income and revenue and the issuance of additional
revenue bonds thereafter as may be deemed necessary or advisable for
assurance of the payment of the bonds thereby authorized, and as may
thereafter be issued.
(Source: Laws 1955, p. 1801.)
(70 ILCS 3715/12) (from Ch. 111 2/3, par. 235)
Sec. 12.
Any ordinance or resolution authorizing the issuance of revenue
bonds under this Act may in the discretion of the authority provide that
the bonds be secured by a trust agreement or depository agreement by and
between the authority and a corporate trustee, which may be a trust
company, or a bank having the powers of a trust company, within the state
of Illinois, containing such provisions for directing and supervising the
rights and remedies of the bondholders as may be deemed reasonable and
proper, including the terms upon which the trustee under such trust
agreement or depository agreement and the bondholders, or either of them,
may enforce their rights; but no such trust agreement or depository
agreement shall convey, mortgage or create any lien upon the waterworks
properties of such authority.
(Source: Laws 1955, p. 1801.)
(70 ILCS 3715/13) (from Ch. 111 2/3, par. 236)
Sec. 13.
Whenever revenue bonds are issued under this Act the income and
revenue derived from the operation of the water supply or other waterworks
properties of the authority shall be used only to pay the cost of operation
and maintenance of the waterworks properties, to pay principal of and
interest on any revenue bonds issued hereunder and to provide an adequate
depreciation fund, which fund is hereby defined to be for such replacements
as may be necessary from time to time for the continued, effective and
efficient operation of the waterworks properties of such authority, which
such fund shall not be allowed to accumulate beyond a reasonable amount
necessary for that purpose, the terms and provisions of which shall be
incorporated in the ordinance or resolution authorizing the issuance of the
bonds.
However, the board of trustees shall have power to agree and covenant in
the ordinance or resolution authorizing such revenue bonds that the cost of
operation and maintenance of such waterworks properties shall be defrayed
from the tax authorized by Section 6 of this Act to the extent that the
proceeds of such tax will suffice to meet such cost of operation and
maintenance.
(Source: Laws 1955, p. 1801.)
(70 ILCS 3715/14) (from Ch. 111 2/3, par. 237)
Sec. 14.
With respect to any area acquired by a water authority for
reservoir purposes, whether within or without the corporate boundaries of
the authority, the authority has the powers enumerated in Sections 15 to
23, inclusive, which are in addition to any other powers of an authority.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/15) (from Ch. 111 2/3, par. 238)
Sec. 15.
To police such area and to exercise police power with respect
thereto and to employ and commission policemen. Such policemen and trustees
of the authority are authorized to enforce all ordinances of the authority,
to act as conservators of the peace and to arrest, with or without process,
any person who breaks the peace or is found violating any ordinance of the
authority or any criminal law of this State; and to commit arrested persons
for examination without unnecessary delay. All warrants for the violation
of ordinances of the authority, or the State criminal law, to whomsoever
directed, may be served and executed within the limits of an authority by
any policemen thereof. For this purpose policemen have all the common law
and statutory power of sheriffs.
(Source: P.A. 76-1383.)
(70 ILCS 3715/16) (from Ch. 111 2/3, par. 239)
Sec. 16.
In all actions for the violation of any ordinance of the
authority, the first process shall be a summons or a warrant. A warrant for
the arrest of an accused person may issue upon the affidavit of any person
that an ordinance has been violated, and that the person making the
complaint has reasonable grounds to believe that the party charged is
guilty thereof. Every person arrested upon a warrant shall be taken, without
unnecessary delay, before the proper officer for examination.
The person upon whom any fine or penalty is imposed, upon the order of
the court may be committed
to any place lawfully provided by ordinance for the incarceration of
offenders until the fine, penalty, and costs are fully paid where failure
to pay is wilful. No imprisonment, however, shall exceed 30 days if the
fine is imposed for a petty offense, business offense, or misdemeanor, or
6 months if the fine is imposed for a felony.
(Source: P.A. 84-551.)
(70 ILCS 3715/17) (from Ch. 111 2/3, par. 240)
Sec. 17.
Any sheriff may serve any process, or make any arrest in an
authority, or the part thereof, located in the county in which he was
elected, which any officer of that authority is authorized to make under
this Act or any ordinance passed in pursuance thereof.
(Source: Laws 1965, p. 346.)
(70 ILCS 3715/18) (from Ch. 111 2/3, par. 241)
Sec. 18.
To regulate or prohibit fishing, boating, swimming and other
sporting activities.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/19) (from Ch. 111 2/3, par. 242)
Sec. 19.
To license and regulate or prohibit water craft, boat docks,
wharves, boat houses and other structures in or on or on the shore of the
reservoir.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/20) (from Ch. 111 2/3, par. 243)
Sec. 20.
To lay out, establish, open, alter, widen, extend, grade, pave or
otherwise improve, and vacate roads, parking areas, wharves, parks, picnic
areas and swimming pools for public use.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/21) (from Ch. 111 2/3, par. 244)
Sec. 21.
If the trustees determine that the leasing of the zone of land
adjacent to the reservoir will aid in the protection from pollution or
other injury to the reservoir by promoting forestation and other desirable
vegetation and the improvement, maintenance and care of the premises, to
zone such area for residential and business purposes and to lease its real
estate for not more than 99 years to proper custodians for such uses and
upon such terms and conditions as it determines are for the best interests
of the authority and the purposes for which it was created.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/22) (from Ch. 111 2/3, par. 245)
Sec. 22.
To sell and dispose of property, real or personal, that is no
longer needed for its purposes.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/23) (from Ch. 111 2/3, par. 246)
Sec. 23.
To grant easements and rights of way.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/24) (from Ch. 111 2/3, par. 247)
Sec. 24.
To make such regulations as it deems necessary to protect public
health, welfare and safety and to prevent pollution of its water supply.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/25) (from Ch. 111 2/3, par. 248)
Sec. 25.
If it leases its property for residential or business purposes, to
construct, and operate a water distribution and sewage system, require the
use thereof and make reasonable charges therefor to such residents and
businesses.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/26) (from Ch. 111 2/3, par. 249)
Sec. 26.
With respect to territory outside its corporate limits which is
not held by it for reservoir purposes but which territory is within the
watershed that feeds a reservoir of the authority, the authority may, by
ordinance, prevent pollution of waters which feed its reservoir for a
distance of 5 miles upstream from the headwaters of its reservoir and may
abate any cause of pollution within that area as a nuisance.
(Source: Laws 1957, p. 1599.)
(70 ILCS 3715/27) (from Ch. 111 2/3, par. 250)
Sec. 27.
An authority may acquire easements and rights of way for ingress
to and egress from any of its real property by purchase, gift, condemnation
or otherwise and may dedicate such easements and rights of way to public
use.
(Source: Laws 1957, p. 1599.)
(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.)