SB2158 95TH GENERAL ASSEMBLY

LRB095 19289 HLH 45580 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2158

Introduced 2/14/2008, by Sen. Dale E. Risinger

SYNOPSIS AS INTRODUCED:

70 ILCS 2405/32 new

Amends the Sanitary District Act of 1917. Provides that the Board of Trustees of the Greater Peoria Sanitary and Sewage Disposal District may enter into an intergovernmental agreement to accept wastewater for treatment and disposal from one or more municipalities if any portion of the municipality is located within 5 miles of the District's boundaries, subject to certain limitations. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Sanitary District Act of 1917 is amended by adding Section 32 as follows:

(70 ILCS 2405/32 new)

Sec. 32. Greater Peoria Sanitary and Sewage Disposal District; intergovernmental agreements.

(a) As used in this Section, "District" means the Greater Peoria Sanitary and Sewage Disposal District.

(b) The Board of Trustees of the District may enter into an intergovernmental agreement to accept wastewater for treatment and disposal from one or more municipalities if any portion of the municipality is within 5 miles of the District's boundaries. The agreement may not exceed 30 years.

(c) The Board of Trustees of the District may acquire land within or without the District's boundaries by gift, grant, purchase, or otherwise, acquiring full or partial fee simple interest, or any lesser interest as may be desired, in real property, necessary to carry out its powers under this Act.

(d) Except as provided in subsection (e), the District may accept wastewater for treatment from persons and real estate located within 5 miles of any sewage treatment facility that is serving or has served a municipality described in paragraph (a) and shall have the power to establish and collect connection charges and user fees from such persons and for such real estate. All such persons and real estate shall be bound by and be subject to the ordinances, rules, and regulations of the District.

(e) Nothing in this Section shall allow the District to serve persons already living within an existing sanitary district organized under the laws of the State of Illinois.

(f) Unless specifically modified by an intergovernmental agreement, treatment services provided to persons and real estate by the District pursuant to this Section shall be governed by the applicable ordinances of the District, the provisions of the Sanitary Districts (1917 Act) Bond Act, and the Sanitary District Revenue Bond Act.

(g) The District may acquire, construct, equip, operate and maintain water treatment facilities within or without the boundaries of the District, and may extend and improve an existing sewerage system, for the purposes contained in this Act. The District may issue bonds, debt obligations, and other instruments to finance such acquisition, equipping, construction, operation and maintenance of those facilities. With respect to bonds, debt obligations, and other instruments for the payment of money issued by the District for the purposes contained in this Section, it is the intention of the General Assembly that this Act is a supplementary grant of power to issue such bonds, debt obligations, and instruments regardless of any provisions of the Sanitary Districts (1917 Act) Bond Act and the Sanitary District Revenue Bond Act that may appear to be more restrictive than this Act. Bonds and other debt obligations and instruments which are issued in part to finance purposes permitted by this Act may contain a recital to that effect and any such recital shall be conclusive as against the District and any other person as to the validity of the bonds, debt obligations, and instruments and as to their compliance with the provisions of this Act and the Sanitary Districts (1917 Act) Bond Act and the Sanitary District Revenue Bond Act.

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