State Codes and Statutes

Statutes > Illinois > Chapter65 > 802 > 006500050HArt_11_Div_151


      (65 ILCS 5/Art. 11 Div. 151 heading)
DIVISION 151. MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT

    (65 ILCS 5/11‑151‑1) (from Ch. 24, par. 11‑151‑1)
    Sec. 11‑151‑1. As used in this Article, "public water district" or "district" means a public water district organized under "An Act in relation to public water districts", approved July 25, 1945, as amended.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑2)(from Ch. 24, par. 11‑151‑2)
    Sec. 11‑151‑2. This Article does not apply to any public water district whose territory is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2‑3‑5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits a municipality from continuing to operate utility facilities which it owns and operates, at the time territory is annexed to the municipality, in that territory even though it is part of a public water district.
(Source: P.A. 93‑1058, eff. 12‑2‑04.)

    (65 ILCS 5/11‑151‑3) (from Ch. 24, par. 11‑151‑3)
    Sec. 11‑151‑3. Except as otherwise provided in this Article, no municipality may furnish water or sanitary sewer service to any territory situated within a public water district and more than one mile from the corporate limits of the municipality without the district's consent. Nothing in this Section affects the performance by the municipality of any other function in which the district is not engaged.
    A municipality that operates a public water supply and furnishes water service has the exclusive right, as against a public water district, to serve residents in the territory within one mile or less of the corporate limits of the municipality but may consent to the district's providing service to such residents.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑4) (from Ch. 24, par. 11‑151‑4)
    Sec. 11‑151‑4. If a municipality annexes all of the territory of a public water district, the municipality shall take over all the properties and assets of the district, assume all debts, liabilities and obligations of the district and perform all functions and services of the district. The district shall be abolished and the rights and duties imposed on the municipality of this Section shall commence 90 days after the effective date of the annexation or at such earlier date as the corporate authorities of the municipality, by ordinance, provide.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑5) (from Ch. 24, par. 11‑151‑5)
    Sec. 11‑151‑5. If a municipality annexes part, but not all of the territory of a public water district, sanitary sewer district, or both, the corporate authorities of the municipality and of the district may enter contracts providing for the division and allocation of duplicate and overlapping powers, functions and duties between the 2 entities and for the use, management, control, purchase, conveyance, assumption and disposition of the properties, assets, debts, liabilities and obligations of the district. The corporate authorities of a district and such a municipality may also enter agreements providing for the operation by the municipality of the district's utility systems and other properties or for the transfer, conveyance or sale of those systems and properties to the municipality. "Systems and properties" includes those of every kind and character and whether situated within or outside the municipality. An operating contract made under this Section may not extend for a period longer than 30 years and must be subject to amendment, renewal or termination by mutual consent of the contracting parties. No contract under this Section may contain any provision impairing the obligation of any existing contract of such a municipality or district.
(Source: P.A. 90‑190, eff. 7‑24‑97.)

State Codes and Statutes

Statutes > Illinois > Chapter65 > 802 > 006500050HArt_11_Div_151


      (65 ILCS 5/Art. 11 Div. 151 heading)
DIVISION 151. MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT

    (65 ILCS 5/11‑151‑1) (from Ch. 24, par. 11‑151‑1)
    Sec. 11‑151‑1. As used in this Article, "public water district" or "district" means a public water district organized under "An Act in relation to public water districts", approved July 25, 1945, as amended.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑2)(from Ch. 24, par. 11‑151‑2)
    Sec. 11‑151‑2. This Article does not apply to any public water district whose territory is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2‑3‑5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits a municipality from continuing to operate utility facilities which it owns and operates, at the time territory is annexed to the municipality, in that territory even though it is part of a public water district.
(Source: P.A. 93‑1058, eff. 12‑2‑04.)

    (65 ILCS 5/11‑151‑3) (from Ch. 24, par. 11‑151‑3)
    Sec. 11‑151‑3. Except as otherwise provided in this Article, no municipality may furnish water or sanitary sewer service to any territory situated within a public water district and more than one mile from the corporate limits of the municipality without the district's consent. Nothing in this Section affects the performance by the municipality of any other function in which the district is not engaged.
    A municipality that operates a public water supply and furnishes water service has the exclusive right, as against a public water district, to serve residents in the territory within one mile or less of the corporate limits of the municipality but may consent to the district's providing service to such residents.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑4) (from Ch. 24, par. 11‑151‑4)
    Sec. 11‑151‑4. If a municipality annexes all of the territory of a public water district, the municipality shall take over all the properties and assets of the district, assume all debts, liabilities and obligations of the district and perform all functions and services of the district. The district shall be abolished and the rights and duties imposed on the municipality of this Section shall commence 90 days after the effective date of the annexation or at such earlier date as the corporate authorities of the municipality, by ordinance, provide.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑5) (from Ch. 24, par. 11‑151‑5)
    Sec. 11‑151‑5. If a municipality annexes part, but not all of the territory of a public water district, sanitary sewer district, or both, the corporate authorities of the municipality and of the district may enter contracts providing for the division and allocation of duplicate and overlapping powers, functions and duties between the 2 entities and for the use, management, control, purchase, conveyance, assumption and disposition of the properties, assets, debts, liabilities and obligations of the district. The corporate authorities of a district and such a municipality may also enter agreements providing for the operation by the municipality of the district's utility systems and other properties or for the transfer, conveyance or sale of those systems and properties to the municipality. "Systems and properties" includes those of every kind and character and whether situated within or outside the municipality. An operating contract made under this Section may not extend for a period longer than 30 years and must be subject to amendment, renewal or termination by mutual consent of the contracting parties. No contract under this Section may contain any provision impairing the obligation of any existing contract of such a municipality or district.
(Source: P.A. 90‑190, eff. 7‑24‑97.)

State Codes and Statutes

State Codes and Statutes

Statutes > Illinois > Chapter65 > 802 > 006500050HArt_11_Div_151


      (65 ILCS 5/Art. 11 Div. 151 heading)
DIVISION 151. MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT

    (65 ILCS 5/11‑151‑1) (from Ch. 24, par. 11‑151‑1)
    Sec. 11‑151‑1. As used in this Article, "public water district" or "district" means a public water district organized under "An Act in relation to public water districts", approved July 25, 1945, as amended.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑2)(from Ch. 24, par. 11‑151‑2)
    Sec. 11‑151‑2. This Article does not apply to any public water district whose territory is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2‑3‑5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits a municipality from continuing to operate utility facilities which it owns and operates, at the time territory is annexed to the municipality, in that territory even though it is part of a public water district.
(Source: P.A. 93‑1058, eff. 12‑2‑04.)

    (65 ILCS 5/11‑151‑3) (from Ch. 24, par. 11‑151‑3)
    Sec. 11‑151‑3. Except as otherwise provided in this Article, no municipality may furnish water or sanitary sewer service to any territory situated within a public water district and more than one mile from the corporate limits of the municipality without the district's consent. Nothing in this Section affects the performance by the municipality of any other function in which the district is not engaged.
    A municipality that operates a public water supply and furnishes water service has the exclusive right, as against a public water district, to serve residents in the territory within one mile or less of the corporate limits of the municipality but may consent to the district's providing service to such residents.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑4) (from Ch. 24, par. 11‑151‑4)
    Sec. 11‑151‑4. If a municipality annexes all of the territory of a public water district, the municipality shall take over all the properties and assets of the district, assume all debts, liabilities and obligations of the district and perform all functions and services of the district. The district shall be abolished and the rights and duties imposed on the municipality of this Section shall commence 90 days after the effective date of the annexation or at such earlier date as the corporate authorities of the municipality, by ordinance, provide.
(Source: P. A. 76‑1356.)

    (65 ILCS 5/11‑151‑5) (from Ch. 24, par. 11‑151‑5)
    Sec. 11‑151‑5. If a municipality annexes part, but not all of the territory of a public water district, sanitary sewer district, or both, the corporate authorities of the municipality and of the district may enter contracts providing for the division and allocation of duplicate and overlapping powers, functions and duties between the 2 entities and for the use, management, control, purchase, conveyance, assumption and disposition of the properties, assets, debts, liabilities and obligations of the district. The corporate authorities of a district and such a municipality may also enter agreements providing for the operation by the municipality of the district's utility systems and other properties or for the transfer, conveyance or sale of those systems and properties to the municipality. "Systems and properties" includes those of every kind and character and whether situated within or outside the municipality. An operating contract made under this Section may not extend for a period longer than 30 years and must be subject to amendment, renewal or termination by mutual consent of the contracting parties. No contract under this Section may contain any provision impairing the obligation of any existing contract of such a municipality or district.
(Source: P.A. 90‑190, eff. 7‑24‑97.)