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Public Act 094-1106
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| SB2664 Enrolled |
LRB094 19033 HLH 54528 b |
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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 Illinois Municipal Code is amended by |
changing Section 11-147-1 as follows:
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(65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
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Sec. 11-147-1. Whenever a municipality, drainage district, |
sanitary
district, or other municipal corporation is adjacent |
to any other
municipality, drainage district, sanitary |
district, or other municipal
corporation the adjacent |
municipal corporations have the power to contract
with each |
other, upon such terms as may be agreed upon between them, for
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the perpetual or temporary use and benefit by one of them of |
any sewer or
drain, or of any system of sewerage or drainage or |
part thereof, or of any
sewage disposal or sewage treatment |
plants and works, heretofore or
hereafter constructed by the |
other. Any such sewer or drain, or system of
sewerage or |
drainage or part thereof, or sewage disposal or sewage
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treatment plants and work, heretofore or hereafter constructed |
by one such
municipal corporation may be extended or furnished |
to the inhabitants of
the other. Such municipal corporations |
may by contract with each other
provide for the joint |
construction of any sewer or drain or sewage disposal
or sewage |
treatment plants and works by the municipal corporations so
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contracting, and for the common use thereof by the inhabitants |
of the
contracting municipal corporations. In addition, |
whenever a sanitary district has acquired an easement granting |
the sanitary district the right to construct or operate a |
sanitary sewer system or part of a sanitary sewer system over |
property that connects the sanitary district to a municipality, |
the municipality and the sanitary district may enter into a |
contract for the use of the sanitary sewer system regardless of |
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whether the sanitary district is adjacent to the municipality.
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(Source: Laws 1961, p. 576.)
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Section 10. The Sanitary District Act of 1917 is amended by |
changing Sections 8, 23.5, and 23.7 as follows:
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(70 ILCS 2405/8) (from Ch. 42, par. 307)
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Sec. 8. |
(a) The sanitary district may acquire by purchase, |
condemnation, or
otherwise all real and personal property, |
right of way and privilege,
either within or without its |
corporate limits that may be required for its
corporate |
purposes. If real property is acquired by condemnation, the
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sanitary district may not sell or lease any
portion of the |
property
for a
period of 10
years after acquisition by |
condemnation is completed. If, after such 10-year
period, the |
sanitary district decides to sell or lease the property, it |
must
first offer the property for sale or lease to the previous |
owner of the land
from whom the sanitary district acquired the |
property. If the sanitary
district and such previous owner do |
not execute a contract for purchase or
lease of the property |
within 60 days from the initial offer, the sanitary
district |
then may offer the property for sale or lease to any other |
person.
If any district formed under this Act is unable to
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agree with any other sanitary district upon the terms whereby |
it shall be
permitted to use the drains, channels or ditches of |
such other sanitary
district, the right to such use may be |
acquired by condemnation in any
circuit court by proceedings as |
provided in Section 4-17 of the Illinois
Drainage Code. The |
compensation to be paid for such use may be a gross sum,
or it |
may be in the form of an annual rental, to be paid in yearly
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installments as provided by the judgment of the court wherein
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such proceedings may be had. However, when such compensation is |
fixed at a
gross sum all moneys for the purchase and |
condemnation of any property
shall be paid before possession is |
taken or any work done on the premises
damaged by the |
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construction of such channel or outlet, and in case of an
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appeal from the circuit court taken by either party whereby the |
amount of
damages is not finally determined, then possession |
may be taken, if the
amount of judgment in such court is |
deposited at some bank or savings
and loan association to be |
designated by the court, subject to the payment
of such damages |
on orders signed by the circuit court, whenever the amount
of |
damages is finally determined. The sanitary district may sell, |
convey,
vacate and release the real or personal property, right |
of way and privileges
acquired by it when no longer required |
for the purposes of the district.
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(b) A sanitary district may exercise its powers of eminent |
domain to acquire a public utility only if the Illinois |
Commerce Commission, following petition by the sanitary |
district, has granted approval for the sanitary district to |
proceed in accordance with Article VII of the Code of Civil |
Procedure. The following procedures must be followed when a |
sanitary district exercises its power of eminent domain to |
acquire a public utility. |
(1) The sanitary district shall petition the |
Commission for approval of the acquisition of a public |
utility by the exercise of eminent domain powers. The |
petition filed by the sanitary district shall state the |
following:
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(A) the caption of the case;
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(B) the date of the filing of the application;
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(C) the name and address of the condemnee;
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(D) the name and address of the condemnor;
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(E) a specific reference to the statute under which |
the condemnation action is authorized;
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(F) a specific reference to the action, whether by |
ordinance, resolution, or otherwise, by which the |
declaration of taking was authorized, including the |
date when such action was taken, and the place where |
the record may be examined;
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(G) a description of the purpose of the |
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condemnation;
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(H) a reasonable description of the property to be |
condemned;
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(I) a statement of how just compensation will be |
made;
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(J) a statement that, if the condemnee wishes to |
challenge the proceeding, the condemnee shall file |
objections within 45 days after its receipt of the |
notice. |
(2) Within 30 days after the filing of a petition by |
the sanitary district of its intent to acquire by eminent |
domain all real and personal property, rights of way, and |
privileges of a public utility, the sanitary district shall |
serve a copy of the petition on the public utility and |
shall publish a notice of the filing of the petition in a |
newspaper of general circulation in the area served by the |
sanitary district. The sanitary district shall file a |
certificate of publication with the Commission as proof of |
publication.
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(3) Within 45 days after being served with the notice |
required by this Section, the condemnee may file objections |
to the petition with the Commission. All objections shall |
state specifically the grounds relied upon. All objections |
shall be raised at one time and in one document. The |
condemnee shall serve a copy of the objections upon the |
condemnor within 72 hours after the objections are filed |
with the Commission.
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(4) The Commission shall make a determination |
regarding the petition and any objections to the petition |
and shall make such orders and decrees as justice and law |
shall require. The Commission may take evidence by |
deposition or otherwise and shall entertain oral argument |
on all objections. The Commission shall make its |
determination within 105 days after its receipt of the |
objections of the condemnee, unless the Commission, in its |
discretion, extends the determination period for a further |
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period not exceeding 6 months.
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(c) The Illinois Commerce Commission shall approve
the |
taking of any property by a sanitary district under subsection |
(b), within or outside its boundaries, if it is in the public |
interest. The taking shall be considered to be in the public |
interest if the sanitary district establishes by a |
preponderance of the evidence: |
(1) that the sanitary district has been in existence as |
the operator of a wastewater system for at least 20 years; |
(2) that it will provide wastewater treatment service |
within the proposed area subject to
condemnation at the |
same level of wastewater treatment service provided |
throughout
the district; |
(3) that it will provide the wastewater collection, |
treatment, and disposal
at the same or less operational and |
maintenance volumetric or bulk rate as the public utility |
whose property
is subject to condemnation; and |
(4) that it is not financially impractical for the |
public utility to serve its remaining customers who are not |
in the area subject to condemnation.
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(Source: P.A. 90-558, eff. 12-12-97.)
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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 |
which is not
within the corporate limits of the sanitary |
district but which is
contiguous to it and is served by the |
sanitary district or by a
municipality with sanitary sewers |
that are connected and served by the
sanitary district by the |
passage of an ordinance to that effect by the
board of |
trustees, describing the territory to be annexed. A copy of the
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ordinance with an accurate map of the annexed territory, |
certified as
correct by the clerk of the district shall be |
filed with the county clerk
of the county in which the annexed |
territory is located. For purposes of
this Act, a property is |
served by a sanitary district if a sewer that is
part of the |
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 |
part of any
other sewer system that connects to and is served |
by the sanitary district
has been extended to, across, or along |
the property, whether or not the
buildings on the property are |
physically connected to the sewer.
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Territory that is not contiguous to a sanitary district but |
is separated
from the sanitary district by
only a forest |
preserve district may be annexed to the sanitary district under
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this Section. The territory
included within the forest preserve |
district shall not be annexed to the
sanitary district and |
shall not be
subject to rights-of-way for access or services |
between the parts of the
sanitary district separated by the
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forest preserve district without the approval of the governing |
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 |
organized as a
sanitary district shall be considered to be |
contiguous territory, and territory
to be annexed to a sanitary |
district shall be considered to be contiguous
to the sanitary |
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 |
territory to be so annexed is separated from the sanitary |
district
by, one or more railroad rights-of-ways, public |
easements, or
property owned by a public utility, or property |
owned by a forest preserve district or any public agency or |
not-for-profit corporation, provided that the property does |
not require sanitary sewer service. However, upon
such |
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 any |
public agency or not-for-profit corporation shall not be |
considered a part of or
annexed to the sanitary district and |
shall not be subject to rights-of-way for access or services |