(65 ILCS 5/11-137-2) (from Ch. 24, par. 11-137-2)
Sec. 11-137-2.
In all municipalities where any person has constructed
a waterworks or sewerage system, or both, the municipality may purchase
or lease that waterworks or sewerage system, or both, from the owners
thereof, subject to the provisions of this Division 137.
Before such a lease or purchase is binding upon the municipality, the
corporate authorities shall pass an ordinance authorizing the
municipality to lease or purchase that waterworks or sewerage system, or
both, and shall include in the ordinance the terms, as near as
practicable, upon which the lease or purchase shall be made. The
ordinance shall be published at least once, within 10 days after
passage, in one or more newspapers published in the municipality, or, if
no newspaper is published therein, then in one or more newspapers with a
general circulation within the municipality. In municipalities with less
than 500 population in which no newspaper is published, publication may
instead be made by posting a notice in 3 prominent places within the
municipality.
The publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of authorizing the lease or purchase of a waterworks
or sewerage system to be submitted to the electors; (2) the time in which
such petition must be filed; and (3) the date of the prospective referendum.
The municipal clerk shall provide a petition form to any individual requesting one.
If no petition is presented to the corporate authorities as
hereinafter provided, within 30 days after the ordinance is so published
and posted, the corporate authorities may consummate the lease or
purchase of that waterworks or sewerage system, or both, as provided in
the ordinance. If within 30 days after the first publication of the
ordinance a petition is filed with the municipal clerk signed by electors
of the municipality numbering 10% or more of the number of registered
voters in the municipality, asking that the question of leasing or
purchasing that waterworks or sewerage system, or both, as provided in the
ordinance, be submitted to a vote, the clerk shall certify the proposition
and the corporate authorities shall designate an election at which the
question shall be submitted. If a majority of the votes cast on the
question are in favor thereof, the corporate authorities may complete the
lease or purchase, but if a majority of the votes cast on the question are
unfavorable, no further action shall be taken by the municipality for a
period of not less than 6 months. Thereafter, the same or another question
may be submitted as before.
(Source: P.A. 87-767.)
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