Sen. Steven J. Rauschenberger
Filed: 5/27/2004
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1 | AMENDMENT TO HOUSE BILL 846
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2 | AMENDMENT NO. ______. Amend House Bill 846, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, on page 7, immediately below line 27, by inserting the | ||||||
5 | following:
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6 | "Section 15. The Sanitary District Act of 1917 is amended | ||||||
7 | by adding Section 17.2 as follows: | ||||||
8 | (70 ILCS 2405/17.2 new) | ||||||
9 | Sec. 17.2. (a) After incorporation, any district organized | ||||||
10 | under the Act may, in accordance with this Act, acquire, by | ||||||
11 | purchase or condemnation, the territory, treatment works, | ||||||
12 | lines, appurtenances, water treatment works, storage tanks, | ||||||
13 | water lines, appurtenances, and other property of a privately | ||||||
14 | owned public sewer and water utility treatment works that is | ||||||
15 | not located within any other sanitary district, regardless of | ||||||
16 | whether the area serviced by the treatment works is contiguous | ||||||
17 | to the acquiring sanitary district. At the time of acquisition, | ||||||
18 | the private treatment works may not be located within an | ||||||
19 | incorporated city or village, without the consent of such city | ||||||
20 | or village. The distance between the public utility being | ||||||
21 | acquired and the acquiring sanitary district as measured from | ||||||
22 | the point of discharge of the treatment works and the corporate | ||||||
23 | boundary of the acquiring sanitary district at its nearest | ||||||
24 | point shall be within 15 miles and shall be located in the |
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1 | sanitary district's facility planning area (FPA). | ||||||
2 | (b) The acquisition of the public utility by a sanitary | ||||||
3 | district shall not affect the obligation of any bonds issued in | ||||||
4 | the sanitary district or in the territory serviced by the | ||||||
5 | public utility, or invalidate the levy, extension, or | ||||||
6 | collection of any taxes or special assessments within the | ||||||
7 | sanitary district. | ||||||
8 | (c) The acquiring sanitary district may acquire by eminent | ||||||
9 | domain, within or outside its boundaries, easements necessary | ||||||
10 | to connect the works to the sanitary district's sewers or | ||||||
11 | plants. | ||||||
12 | (d) The sanitary district may pass all necessary ordinances | ||||||
13 | to regulate the connections to and use of the public utility's | ||||||
14 | sewer or water system, including the establishment of a user | ||||||
15 | fee for the area serviced by the public utility and may enforce | ||||||
16 | such ordinances against all users of the acquired system, | ||||||
17 | within or outside its boundaries. The sanitary district may | ||||||
18 | own, operate, expand and improve the private treatment works in | ||||||
19 | accordance with the provisions of this Act. | ||||||
20 | (e) The grant of powers set forth in this section are a | ||||||
21 | restatement of existing law.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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