Illinois Leaks reported recently that the Edgar County Watchdogs (ECW) has floated one question to the Village of Chatham but can't seem to gain any footing: Can the contract with the South Sangamon Water Commission (SSWC) be breached for failure to comply with the law when it was created?
The code under which the SWCC was created has four mandates. It requires that a municipality adopt an ordinance declaring its intention to pay, advance or obligate itself to creating such an agency. It also states that the village fix the maximum amount of its financial obligation, as well as the number of years of any payment plan (not to exceed five years) and the maximum annual amount it will pay if it uses such a plan.
The ECW argues that the only part of the municipal code that the village followed was declaring its intentions. The group says the bond obligation is $6.3 million plus an amount equal to 90 percent of the interest plus other costs -- none of which are fixed amounts.
The group further argued that when the village sought a legal opinion, it did not address the ECW's concern and instead asked whether the South Sangamon Water Commission was properly established, whether there are any issues associated with the bonds issued by the commission, and what Village of Chatham’s obligations are regarding the commission."
The ECW said it is still treading water, waiting for an answer.
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