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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2626
LRB9104923PTpk
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-137-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-137-2 as follows:
7 (65 ILCS 5/11-137-2) (from Ch. 24, par. 11-137-2)
8 Sec. 11-137-2. Purchase or lease of waterworks or
9 sewerage system. In all municipalities where any person has
10 constructed a waterworks or sewerage system, or both, the
11 municipality may purchase or lease that waterworks or
12 sewerage system, or both, from the owners thereof, subject to
13 the provisions of this Division 137.
14 Before such a lease or purchase is binding upon the
15 municipality, the corporate authorities shall pass an
16 ordinance authorizing the municipality to lease or purchase
17 that waterworks or sewerage system, or both, and shall
18 include in the ordinance the terms, as near as practicable,
19 upon which the lease or purchase shall be made. The ordinance
20 shall be published at least once, within 10 days after
21 passage, in one or more newspapers published in the
22 municipality, or, if no newspaper is published therein, then
23 in one or more newspapers with a general circulation within
24 the municipality. In municipalities with less than 500
25 population in which no newspaper is published, publication
26 may instead be made by posting a notice in 3 prominent places
27 within the municipality.
28 The publication or posting of the ordinance shall be
29 accompanied by a notice of (1) the specific number of voters
30 required to sign a petition requesting the question of
31 authorizing the lease or purchase of a waterworks or sewerage
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1 system to be submitted to the electors; (2) the time in which
2 such petition must be filed; and (3) the date of the
3 prospective referendum. The municipal clerk shall provide a
4 petition form to any individual requesting one.
5 If no petition is presented to the corporate authorities
6 as hereinafter provided, within 30 days after the ordinance
7 is so published and posted, the corporate authorities may
8 consummate the lease or purchase of that waterworks or
9 sewerage system, or both, as provided in the ordinance. If
10 within 30 days after the first publication of the ordinance a
11 petition is filed with the municipal clerk signed by electors
12 of the municipality numbering 10% or more of the number of
13 registered voters in the municipality, asking that the
14 question of leasing or purchasing that waterworks or sewerage
15 system, or both, as provided in the ordinance, be submitted
16 to a vote, the clerk shall certify the proposition and the
17 corporate authorities shall designate an election at which
18 the question shall be submitted. If a majority of the votes
19 cast on the question are in favor thereof, the corporate
20 authorities may complete the lease or purchase, but if a
21 majority of the votes cast on the question are unfavorable,
22 no further action shall be taken by the municipality for a
23 period of not less than 6 months. Thereafter, the same or
24 another question may be submitted as before.
25 (Source: P.A. 87-767.)