2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 151 - Municipality Relationship To Public Water District
(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.)
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