94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4884


 
Introduced 1/19/2006, by Rep. George Scully, Jr.
 
SYNOPSIS AS INTRODUCED:
 		
















70 ILCS 2405/23.5
  from Ch. 42, par. 317e.5


70 ILCS 2405/23.7
  from Ch. 42, par. 317e.7







    Amends the Sanitary District Act of 1917.  In a Section that provides that a sanitary district may annex certain territory that is contiguous to it, strikes a provision stating that territory that is separated from the sanitary district by only a forest preserve district may be annexed to the sanitary district.  Provides that any territory to be annexed to a sanitary district may be considered contiguous to the sanitary district notwithstanding that the territory is separated from the sanitary district by property that is owned by a forest preserve district, a public agency, or a not-for-profit corporation if the property does not require sanitary sewer service.  Provides that the property owned by the forest preserve district, public agency, or not-for-profit corporation shall not be considered part of the sanitary district and shall not be subject to rights-of-way without the approval of the legal owner of the property.  Effective immediately.
















LRB094 16895 HLH 52174 b

















 


 


A BILL FOR









 











HB4884

LRB094 16895 HLH 52174 b






1
    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Sanitary District Act of 1917 is amended  by 
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changing Sections 23.5 and 23.7 as follows:
 



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    (70 ILCS 2405/23.5)  (from Ch. 42, par. 317e.5)



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    Sec. 23.5. Any sanitary district may annex any territory 
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which is not
within the corporate limits of the sanitary 
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district but which is
contiguous to it and is served by the 
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sanitary district or by a
municipality with sanitary sewers 
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that are connected and served by the
sanitary district by the 
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passage of an ordinance to that effect by the
board of 
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trustees, describing the territory to be annexed. A copy of the

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ordinance with an accurate map of the annexed territory, 
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certified as
correct by the clerk of the district shall be 
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filed with the county clerk
of the county in which the annexed 
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territory is located. For purposes of
this Act, a property is 
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served by a sanitary district if a sewer that is
part of the 
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sanitary district's sewer system, part of the sewer system of a

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municipality that is connected to the sanitary district, or 
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part of any
other sewer system that connects to and is served 
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by the sanitary district
has been extended to, across, or along 
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the property, whether or not the
buildings on the property are 
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physically connected to the sewer.

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    Territory that is not contiguous to a sanitary district but 
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is separated
from the sanitary district by
only a forest 
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preserve district may be annexed to the sanitary district under

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this Section. The territory
included within the forest preserve 
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district shall not be annexed to the
sanitary district and 
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shall not be
subject to rights-of-way for access or services 
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between the parts of the
sanitary district separated by the

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forest preserve district without the approval of the governing 
 


 






HB4884
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body of the
forest preserve district.

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(Source: P.A. 90-697, eff. 8-7-98.)

 



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    (70 ILCS 2405/23.7)  (from Ch. 42, par. 317e.7)



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    Sec. 23.7. For purposes of this Act, territory to be 
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organized as a
sanitary district shall be considered to be 
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contiguous territory, and territory
to be annexed to a sanitary 
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district shall be considered to be contiguous
to the sanitary 
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district notwithstanding that the territory to be so organized

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is divided by,
one or more railroad rights-of-ways, public

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easements, or property owned by a public utility
or
that the 
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territory to be so annexed is separated from the sanitary 
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district
by,
 one or more railroad rights-of-ways, public 
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easements, or
property owned by a public utility , or property 
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owned by a forest preserve district or any public agency or 
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not-for-profit corporation, provided that the property does 
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not require sanitary sewer service.  However, upon
such 
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organization or annexation, the area included within any such

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right-of-way, public easement, or property owned by a public

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utility , or property owned by a forest preserve district or 
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any public agency or not-for-profit corporation shall not be 
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considered a part of or
annexed to the sanitary district and 
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shall not be subject to rights-of-way for access or services 
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without the approval of the legal owner of the property.

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(Source: P.A. 89-558, eff. 7-26-96.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.